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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lawful Intelligence and Surveillance of Terrorists in an Emergency by NSA Act'' or the ``LISTEN Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Conducting electronic surveillance of al Qaeda and other international terrorist groups is integral to protecting people in the United States from terrorism. Electronic surveillance can assist in the detection and prevention of terrorist plots. (2) Electronic surveillance may, at times, involve surveillance of persons in the United States. Such electronic surveillance is lawful if conducted in accordance with the Fourth Amendment to the Constitution and the Foreign Intelligence Surveillance Act of 1978 or chapters 119 or 121 of title 18, United States Code. (3) It is essential that in protecting the United States from enemies, the President does not compromise the civil liberties that the President is charged with safeguarding. In 2004, Justice Sandra Day O'Connor explained in a plurality opinion for the Supreme Court in Hamdi v. Rumsfeld, ``We have long since made clear that a state of war is not a blank check for the President when it comes to the rights of the Nation's citizens''. (4) Section 8 of article I of the Constitution of the United States provides that ``Congress shall have the Power . . . to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested in this Constitution in the Government of the United States, or in any Department or Officer thereof''. (5) In passing the Foreign Intelligence Surveillance Act of 1978, Congress expressly determined that the Foreign Intelligence Surveillance Act of 1978 and chapters 119 and 121 of title 18, United States Code, are the exclusive means by which surveillance can be conducted in the United States. (6) The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) authorizes the Federal Government to conduct electronic surveillance of persons in the United States for purposes of gathering intelligence and counterintelligence. The Act contains emergency procedures under which electronic surveillance may begin up to 72 hours before the Federal Government presents to the Foreign Intelligence Surveillance Court an application for a court order approving electronic surveillance. (7) The Fourth Amendment to the Constitution of the United States declares that ``The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized''. (8) A determination of reasonableness under the Fourth Amendment must ultimately be made by an independent magistrate, not by an executive branch official. (9) The Authorization for Use of Military Force (Public Law 107-40), passed by Congress on September 14, 2001, does not constitute legal authorization for electronic surveillance not authorized by chapters 119 or 121 of title 18, United States Code, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). SEC. 3. REITERATION OF CHAPTERS 119 AND 121 OF TITLE 18, UNITED STATES CODE, AND THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 AS THE EXCLUSIVE MEANS BY WHICH DOMESTIC ELECTRONIC SURVEILLANCE MAY BE CONDUCTED. Notwithstanding any other provision of law, chapters 119 and 121 of title 18, United States Code, and the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which electronic surveillance may be conducted. SEC. 4. COMPLIANCE WITH FISA REQUIREMENTS. (a) Ensuring Compliance.--The President shall ensure that all electronic surveillance of persons in the United States is conducted in accordance with chapters 119 or 121 of title 18, United States Code, or title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (b) Procedures.--The President shall ensure that the procedures for applying for an order for electronic surveillance under title I of the Foreign Intelligence Surveillance Act of 1978 continue to be adequate for the timely and efficient electronic surveillance of appropriate targets. (c) Report.-- (1) In general.--If at any time the President determines that the procedures described in subsection (b) are not adequate for the timely and efficient electronic surveillance of appropriate targets in accordance with title I of the Foreign Intelligence Surveillance Act of 1978, the President shall submit to the relevant congressional committees a report containing findings and recommendations with respect to emergency applications and, to the extent deemed necessary by the President, routine applications for an order under such title on-- (A) the level of resources and personnel needed at the National Security Agency and the Department of Justice to handle such applications to the Foreign Intelligence Surveillance Court; (B) the need for new information technology systems to facilitate the near real-time approval of such applications to the Foreign Intelligence Surveillance Court; (C) how to streamline the processing of information that must be presented to the Foreign Intelligence Surveillance Court for such an application; (D) how to expedite review within the National Security Agency, the Department of Justice, or other appropriate agencies or departments of such applications before such an application is submitted to the Attorney General; (E) whether a senior official reporting to the Attorney General, such as the Deputy Attorney General or the Assistant Attorney General for National Security, should be authorized to approve such applications; and (F) the need for any legislative changes to improve such procedures. (2) Date of submission.--The report under paragraph (1) shall be submitted to the relevant congressional committees not later than 30 days after the date on which the President determines under such paragraph that the procedures described in subsection (b) are not adequate for the timely electronic surveillance of appropriate targets in the United States. (d) Rule of Construction.--Nothing in this section shall be construed to authorize the President to conduct electronic surveillance other than in accordance with title I of the Foreign Intelligence Surveillance Act of 1978 or chapters 119 or 121 of title 18, United States Code. SEC. 5. AUTHORIZATION FOR INCREASED RESOURCES TO PROCESS FOREIGN INTELLIGENCE SURVEILLANCE ACT APPLICATIONS. There are authorized to be appropriated to the National Security Agency and the Department of Justice for the activities of the Office of Intelligence Policy and Review such sums as may be necessary to meet the increased personnel and information technology demands to ensure the timely and efficient processing of applications to the Foreign Intelligence Surveillance Court. SEC. 6. DEFINITIONS. In this Act: (1) Electronic surveillance.--The term ``electronic surveillance'' has the meaning given the term in section 101(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(f)). (2) Foreign intelligence surveillance court.--The term ``Foreign Intelligence Surveillance Court'' has the meaning given the term in section 301(3) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1821(3)). (3) Relevant congressional committees.--The term ``relevant congressional committees'' means the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate.
Lawful Intelligence and Surveillance of Terrorists in an Emergency by NSA Act or LISTEN Act - States that specified provisions of federal criminal law concerning wire and electronic communications and their interception and the Foreign Intelligence Surveillance Act of 1978 (FISA) shall be the exclusive means by which domestic electronic surveillance may be conducted. Directs the President to ensure that: (1) all electronic surveillance of persons in the United States is conducted within those exclusive means; and (2) the procedures for applying for an order for electronic surveillance under FISA continue to be adequate for the timely and efficient electronic surveillance of appropriate targets. Requires: (1) the President to report to the congressional intelligence and judiciary committees upon a determination that such procedures are inadequate; and (2) the report to contain findings and recommendations with respect to emergency or routine applications for such orders. Authorizes appropriations to the National Security Agency (NSA) and the Department of Justice (DOJ) for activities of the Office of Intelligence Policy and Review to ensure the timely and efficient processing of applications to the Foreign Intelligence Surveillance Court.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Security Oversight Improvement Act of 2000''. SEC. 2. FINDINGS. The Congress finds that-- (1) internal Department of Energy oversight of safeguards and security has suffered over the years from inconsistent application, lack of senior management attention, reduced resources, and overlapping and conflicting roles and responsibilities among various Department offices; (2) the Department of Energy is in need of a statutorily- based independent security oversight office with the responsibility to regularly assess the effectiveness of the Department's policy and site performance in the area of safeguards and security, including computer security, and report to the Secretary on such findings annually; (3) the Department of Energy's oversight of security at its sites should be streamlined to reduce overlapping and redundant oversight, to improve accountability, and to ensure greater consistency in application, findings, and reporting of results; and (4) it is appropriate to establish a single, independent security oversight office within the Department of Energy, without prejudice to the continued compliance assurance activities conducted at the Department site level. SEC. 3. OFFICE OF INDEPENDENT SECURITY OVERSIGHT. (a) Office.--The Secretary of Energy shall maintain an Office of Independent Security Oversight, which shall be headed by a Director appointed by the Secretary without regard to political affiliation and solely on the basis of integrity and demonstrated ability in the oversight and evaluation of security for nuclear and classified programs. The Director shall report directly to and be under the general supervision of the Secretary, but the Director shall not report to or be subject to supervision by any other office or officer of the Department of Energy. The Secretary shall not prevent, prohibit, or delay the Director from initiating, carrying out, or completing any inspection, evaluation, or report undertaken pursuant to this Act. Such Office shall be responsible for carrying out the missions and functions described in subsections (c) and (d), but the Office shall have no authority to establish or require the implementation of any change to the policies, programs, or practices of the Department of Energy. (b) Experts and Consultants.--In addition to employees of the Department of Energy, the Director is authorized to utilize such experts and consultants as the Director deems appropriate. For such purposes, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. Upon request of the Director, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Director to assist the Director in carrying out functions under this section. (c) Mission.--The Office of Independent Security Oversight shall be responsible for the independent evaluation of the effectiveness of safeguards and security (including computer security) policies, programs, and practices throughout the Department of Energy, including the National Nuclear Security Administration. The Office shall identify security weaknesses, make recommendations to the Secretary for improvement, and review the effectiveness and timeliness of corrective actions taken by the Department. (d) Functions.--The Office of Independent Security Oversight shall perform the following functions: (1) Conduct regular evaluations of safeguards and security programs at Department of Energy sites that have significant amounts of special nuclear material, classified information, or other security interests. The scope of the evaluations shall include all aspects of safeguards and security, including physical protection of special nuclear material, accountability of special nuclear material, protection of classified and sensitive information, classified and unclassified computer security, personnel security, and interactions with foreign nationals. (2) Issue reports to the Secretary that clearly identify specific findings relating to security weaknesses, and make recommendations for improvement. (3) Perform timely followup reviews to ensure that any corrective actions implemented by the Department are effective. (4) Evaluate and assess Department of Energy policies related to safeguards and security. (5) Develop recommendations and opportunities for improving safeguards and security policies, programs, and practices for submittal to the Secretary. (6) Any other function the Secretary considers appropriate and consistent with the mission described in subsection (c). (e) Timing of Regular Evaluations.-- (1) General rule.--Except as provided in paragraph (2), evaluations conducted under subsection (d)(1) shall occur at least once every 2 years. (2) Computer security evaluations.--Evaluations conducted under subsection (d)(1) with respect to classified and unclassified computer security shall occur at least once every 18 months. (f) Access to Information.--In carrying out this section, the Director shall have access to all records and personnel of the Department concerning its safeguards and security programs, including classified and unclassified computer security programs. SEC. 4. REPORTS. (a) Report by Office.--The Office of Independent Security Oversight shall, before February 15 of each year, transmit to the Secretary of Energy an unclassified report, with a classified appendix if requested or necessary, summarizing the activities of the Office during the immediately preceding calendar year. Such report shall include-- (1) a summary of each significant report made to the Secretary pursuant to this Act during the reporting period, including a description of key security findings contained in those reports; (2) the adequacy of corrective actions, if any, taken by the Department to address significant problems and deficiencies; (3) an identification of each significant problem or deficiency described in previous annual reports on which corrective action has not been effectively completed; (4) a description and explanation of the reasons for any significant revisions to security policy decisions made during the reporting period; and (5) a description of any significant security policy decision with which the Director is in disagreement, along with an explanation of the reasons for disagreement. (b) Report by Secretary.--The Secretary of Energy shall, before March 15 of each year, transmit to the appropriate committees of Congress, without alteration, the Office's annual report submitted under subsection (a), along with an unclassified report, with a classified appendix if requested or necessary, summarizing the Secretary's response thereto. Such report from the Secretary shall include-- (1) a description of the Secretary's response to each significant report and security finding made to the Secretary pursuant to this Act during the reporting period; (2) an explanation of the reasons for any failure on the part of the Department of Energy to remedy security findings identified by the Office in the current annual report and previous annual reports; and (3) to the extent relevant, an explanation of how the President's budget submissions will impact the ability of the Department to remedy unresolved security findings identified by the Office in its annual reports. (c) Public Availability.--Within 60 days after the transmission of the annual reports to the Congress under subsection (b), the Secretary of Energy shall make copies of the unclassified portions of such reports available to the public. (d) Special Reports.--The Director of the Office of Independent Security Oversight shall report immediately to the Secretary of Energy whenever the Director becomes aware of deficiencies relating to the security programs, practices, or operations of the Department of Energy that require an immediate response. The Secretary shall, within 7 calendar days after receiving a report under this subsection, notify the appropriate committees of Congress in writing and explain the corrective actions taken to address such deficiencies. (e) Congressional Testimony and Briefings.--The Director of the Office of Independent Security Oversight, whenever called to testify before any Committee of Congress or to brief its Members or staff, shall provide the Secretary of Energy with advance notice of the subject matter of that testimony or briefing, but shall provide the requested information to the Congress without any further review, clearance, or approval by any other official in the Executive Branch. SECTION 1. SHORT TITLE. This Act may be cited as the ``National Nuclear Security Administration Security Oversight Improvement Act of 2000''. SEC. 2. OFFICE OF INDEPENDENT SECURITY OVERSIGHT. (a) Office Required.--Subtitle B of the National Nuclear Security Administration Act (title XXXII of Public Law 106-65; 113 Stat. 953; 50 U.S.C. 2401 et seq.) is amended by inserting at the end the following new section: ``SEC. 3237. OFFICE OF INDEPENDENT SECURITY OVERSIGHT. ``(a) Office Required.--The Administrator shall maintain an Office of Independent Security Oversight, which shall be headed by a Director appointed by the Administrator without regard to political affiliation and solely on the basis of integrity and demonstrated ability in the oversight and evaluation of security for nuclear and classified programs. The Director shall report directly to and be under the general supervision of the Administrator, but the Director shall not be subject to supervision by any other office or officer of the Administration or of the Department of Energy. Neither the Secretary of Energy nor the Administrator shall prevent, prohibit, or delay the Director from initiating, carrying out, or completing any inspection, evaluation, or report undertaken pursuant to this section or from submitting to the Congress any such report. Such Office shall be responsible for carrying out the missions and functions described in subsections (c) and (d), but the Office shall have no authority to establish or require the implementation of any change to the policies, programs, or practices of the Administration. ``(b) Experts and Consultants.--In addition to employees of the Administration, the Director is authorized to utilize such experts and consultants as the Director deems appropriate. For such purposes, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. Upon request of the Director, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Director to assist the Director in carrying out functions under this section. ``(c) Mission.--The Office of Independent Security Oversight shall be responsible for the independent evaluation of the effectiveness of safeguards and security (including computer security) policies, programs, and practices of the Administration. The Office shall identify security weaknesses, make recommendations to the Administrator for improvement, and review the effectiveness and timeliness of corrective actions taken by the Administration. ``(d) Functions.--The Office of Independent Security Oversight shall perform the following functions: ``(1) Conduct regular evaluations of safeguards and security programs at Administration sites that have significant amounts of special nuclear material, classified information, or other security interests. The scope of the evaluations shall include all aspects of safeguards and security, including physical protection of special nuclear material, accountability of special nuclear material, protection of classified and sensitive information, classified and unclassified computer security, personnel security, and interactions with foreign nationals. ``(2) Issue reports to the Administrator that clearly identify specific findings relating to security weaknesses, and make recommendations for improvement. ``(3) Perform timely followup reviews to assess the effectiveness of any corrective actions implemented by the Administration. ``(4) Evaluate and assess Administration policies related to safeguards and security. ``(5) Develop recommendations and opportunities for improving safeguards and security policies, programs, and practices for submittal to the Administrator. ``(6) Any other function the Administrator considers appropriate and consistent with the mission described in subsection (c). ``(e) Timing of Regular Evaluations.-- ``(1) General rule.--Except as provided in paragraph (2), evaluations conducted under subsection (d)(1) shall occur at least once every two years. ``(2) Computer security evaluations.--Evaluations conducted under subsection (d)(1) with respect to classified and unclassified computer security shall occur at least once every 18 months. ``(f) Access to Information.--In carrying out this section, the Director shall have access to all records and personnel of the Administration concerning its safeguards and security programs, including classified and unclassified computer security programs. ``(g) Report by Office.--The Office of Independent Security Oversight shall, before February 15 of each year, transmit to the Administrator and the Secretary an unclassified report, with a classified appendix if requested or necessary, summarizing the activities of the Office during the immediately preceding calendar year. Such report shall include-- ``(1) a summary of each significant report made to the Administrator pursuant to this section during the reporting period, including a description of key security findings contained in those reports; ``(2) the adequacy of corrective actions, if any, taken by the Administration to address significant problems and deficiencies; ``(3) an identification of each significant problem or deficiency described in previous annual reports on which corrective action has not been effectively completed; and ``(4) a description of any significant security policy decision with which the Director is in disagreement, along with an explanation of the reasons for disagreement. ``(h) Report by Administrator.--The Administrator shall, before March 15 of each year, transmit to the appropriate committees of Congress, without alteration, the Office's annual report submitted under subsection (g), along with an unclassified report, with a classified appendix if requested or necessary, summarizing the Administrator's response thereto. Such report from the Administrator shall include-- ``(1) a description of the Administrator's response to each significant report and security finding made to the Administrator pursuant to this section during the reporting period; ``(2) an explanation of the reasons for any failure on the part of the Administration to remedy security findings identified by the Office in the current annual report and previous annual reports; and ``(3) to the extent relevant, an explanation of how the President's budget submissions will impact the ability of the Administration to remedy unresolved security findings identified by the Office in its annual reports. ``(i) Public Availability.--Within 60 days after the transmission of the annual reports to the Congress under subsection (h), the Administrator shall make copies of the unclassified portions of such reports available to the public. ``(j) Special Reports.--The Director of the Office of Independent Security Oversight shall report immediately to the Administrator whenever the Director becomes aware of deficiencies relating to the security programs, practices, or operations of the Administration that require an immediate response. The Administrator shall, within seven calendar days after receiving a report under this subsection, notify the appropriate committees of Congress in writing and explain the corrective actions taken to address such deficiencies. ``(k) Congressional Testimony and Briefings.--The Director of the Office of Independent Security Oversight, whenever called to testify before a committee of Congress or to brief any Member of Congress or congressional staff, shall provide the Administrator with advance notice of the subject matter of that testimony or briefing, but shall provide the requested information to the Congress without any further review, clearance, or approval by any other official in the Executive Branch.''. (b) Clerical Amendment.--The table of contents at the beginning of such Act is amended by inserting after the item relating to section 3236 the following new item: ``Sec. 3237. Office of Independent Security Oversight.''. Amend the title so as to read: ``A bill to ensure that the National Nuclear Security Administration has appropriate mechanisms to independently assess the effectiveness of its policy and site performance in the areas of safeguards and security and cyber security.''.
Prohibits both the Secretary of Energy and the Administrator from impeding the actions of the Director pursuant to this Act. Denies the Office any authority to establish or require the implementation of any change to Administration policies, programs, or practices. Authorizes the Director to use experts and consultants in addition to DOE employees. Confers responsibility upon such Office for independent evaluations of the effectiveness of Administration: (1) safeguards, security programs at sites that have significant amounts of special nuclear material and other security interests; and (2) computer security evaluations. Cites Office functions. Requires the Office to submit an annual status report to the Administrator and the Secretary of Energy. Instructs the Administrator to transmit such report without alteration to appropriate congressional committees, accompanied by the Administrator's summary response thereto. Instructs the Director to provide the Administrator with advance notice of the subject matter of any testimony or briefing prepared for Congress.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Copyright Improvement Act of 1995''. SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS. (a) Definition of Financial Gain.--Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the term ``display'', the following new paragraph: ``The term `financial gain' includes receipt of anything of value, including the receipt of other copyrighted works.''. (b) Criminal Offenses.--Section 506(a) of title 17, United States Code, is amended to read as follows: ``(a) Criminal Infringement.--Any person who infringes a copyright willfully either-- ``(1) for purposes of commercial advantage or private financial gain; or ``(2) by the reproduction or distribution, including by transmission, or assisting others in such reproduction or distribution, of 1 or more copies, of 1 or more copyrighted works, which have a total retail value of $5,000 or more, shall be punished as provided under section 2319 of title 18.''. (c) Limitation on Criminal Proceedings.--Section 507(a) of title 17, United States Code, is amended by striking out ``three'' and inserting in lieu thereof ``five''. (d) Criminal Infringement of a Copyright.--Section 2319 of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking out ``subsection (a) of this section'' and inserting in lieu thereof ``section 506(a)(1) of title 17''; (B) in paragraph (1)-- (i) by inserting ``including by transmission, or assisting others in such reproduction or distribution,'' after ``if the offense consists of the reproduction or distribution,''; (ii) by striking out ``with a retail value of more than $2,500'' and inserting in lieu thereof ``which have a total retail value of more than $5,000''; and (iii) by adding ``and'' at the end thereof; (C) by striking out paragraph (2); and (D) by redesignating paragraph (3) as paragraph (2); and (2) by redesignating subsection (c) as subsection (f) and inserting after subsection (b) the following: ``(c) Any person who commits an offense under section 506(a)(2) of title 17-- ``(1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by transmission, or assisting others in such reproduction or distribution, of 1 or more copyrighted works, which have a total retail value of more than $10,000; and ``(2) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case. ``(d) Any person who commits an offense under subsection (a) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent felony offense under that subsection. ``(e)(1) During preparation of the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (e) Unauthorized Fixation and Trafficking of Live Musical Performances.--Section 2319A of title 18, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Victim Impact Statement.--(1) During preparation of the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (f) Trafficking in Counterfeit Goods or Services.--Section 2320 of title 18, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d)(1) During preparation of the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such goods or services; and ``(C) the legal representatives of such producers, sellers, and holders.''. (g) Directive to Sentencing Commission.--(1) Under the authority of the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987) and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the sentencing guidelines and policy statements), the United States Sentencing Commission shall ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property (including offenses set forth at section 506(a) of title 17, United States Code, and sections 2319, 2319A and 2320 of title 18, United States Code) is sufficiently stringent to deter such a crime, and to adequately reflect the additional considerations set forth in paragraph (2) of this subsection. (2) In implementing paragraph (1), the Sentencing Commission shall ensure that the guidelines provide for consideration of the retail value of the legitimate items that are infringed upon and the quantity of items so infringed.
Criminal Copyright Improvement Act of 1995 - Amends Federal copyright law to define "financial gain" to include the receipt of anything of value, including the receipt of other copyrighted works. Sets penalties for willfully infringing a copyright by reproducing or distributing, including by transmission, or assisting others in the reproduction or distribution of, one or more copies of one or more copyrighted works which have a total retail value of $5,000 or more. Extends the statute of limitations for criminal copyright infringement from three to five years. Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright: (1) for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by transmission, or assisting others in such reproduction or distribution, during any 180-day period, of at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $5,000; or (2) otherwise by reproducing or distributing one or more copyrighted works which have a total retail value of more than $10,000. Provides for: (1) up to one year's imprisonment in any other such infringement case; and (2) up to ten years' imprisonment for a second or subsequent felony offense. Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim. Directs the U.S. Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime and to adequately reflect consideration of the retail value of the legitimate items that are infringed upon and the quantity of items so infringed.
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SECTION 1. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT ADDED TO GENERAL BUSINESS CREDIT. (a) Ready Reserve-National Guard Credit.--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 thereof the following new section: ``SEC. 45A. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT. ``(a) General Rule.--For purposes of section 38, the Ready Reserve- National Guard employee credit determined under this section for the taxable year is an amount equal to the sum of-- ``(1) 50 percent of the actual compensation amount for the taxable year, plus ``(2) 10 percent of the unpaid compensation amount for the taxable year. ``(b) Definition of Actual Compensation Amount and Unpaid Compensation Amount.--For purposes of this section-- ``(1) Actual compensation amount.--The term `actual compensation amount' means the amount of compensation paid or incurred by an employer with respect to a Ready Reserve- National Guard employee on any day during a taxable year when the employee was absent from employment for the purpose of performing qualified active duty. ``(2) Unpaid compensation amount.--The term `unpaid compensation amount' means the amount of compensation which ordinarily would have been paid or incurred by an employer with respect to a Ready Reserve-National Guard employee on any day during a taxable year but was not paid because the employee was absent from employment for the purpose of performing qualified active duty. ``(c) Limitations.-- ``(1) Maximum credit.--The maximum credit allowable under subsection (a) shall not exceed $2,000 in any taxable year with respect to any one Ready Reserve-National Guard employee. ``(2) Days other than work days.--No credit shall be allowed with respect to a Ready Reserve-National Guard employee who performs qualified active duty on any day on which the employee was not scheduled to work (for a reason other than to participate in qualified active duty) and ordinarily would not have worked. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified active duty.--The term `qualified active duty' means-- ``(A) active duty, other than the training duty specified in section 270(a) of title 10, United States Code (relating to training requirements for the Ready Reserve), or section 502(a) of title 32, United States Code (relating to required drills and field exercises for the National Guard), in connection with which an employee is entitled to reemployment rights and other benefits or to a leave of absence from employment under section 2024 of title 38, United States Code, and ``(B) hospitalization incident to such duty. ``(2) Compensation.--The term `compensation' means any remuneration for employment, whether in cash or in kind-- ``(A) which is paid or incurred by a taxpayer and which is deductible from the taxpayer's gross income under section 162(a)(1), or ``(B) which if paid would have been so deductible. ``(3) Ready reserve-national guard employee.--The term `Ready Reserve-National Guard employee' means an employee who is a member of the Ready Reserve or of the National Guard. ``(4) National guard.--The term `National Guard' has the meaning given such term by section 101(9) of title 10, United States Code. ``(5) Ready reserve.--The term `Ready Reserve' has the meaning given such term by section 268 of title 10, United States Code.'' (b) General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by adding at the end thereof the following new paragraph: ``(9) the Ready Reserve-National Guard employee credit determined under section 45A(a).'' (2) Clerical amendments.--Such subsection is further amended-- (A) by striking ``plus'' in paragraph (7), and (B) by striking the period at the end of paragraph (8) and inserting ``, plus''. SEC. 2. CONFORMING 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 inserting after the item relating to section 45 the following new item: ``Sec. 45A. Ready Reserve-National Guard employee credit.'' SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1992.
Amends the Internal Revenue Code to provide a business tax credit for employers of members of the Ready Reserve or National Guard absent from work on active duty. Limits such credit to $2,000 with respect to any one Ready Reserve-National Guard employee.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Health Access and Improvement Act of 2009''. SEC. 2. GRANTS TO PROMOTE HOSPITAL HEALTH INFORMATION TECHNOLOGY. Section 3013 of the Public Health Service Act (42 U.S.C. 300jj-33) is amended by adding at the end the following: ``(j) Priority.--In awarding a grant under this section, the Secretary shall give priority to qualified State-designated entities that are critical access hospitals, as defined in section 1861(mm) of the Social Security Act.''. SEC. 3. EXPANDED PARTICIPATION IN SECTION 340B PROGRAM. Section 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b(a)(4)) is amended by adding at the end the following: ``(M) A children's hospital excluded from the Medicare prospective payment system pursuant to section 1886(d)(1)(B)(iii) of the Social Security Act, or a free-standing cancer hospital excluded from the Medicare prospective payment system pursuant to section 1886(d)(1)(B)(v) of the Social Security Act, that would meet the requirements of subparagraph (L), including the disproportionate share adjustment percentage requirement under clause (ii) of such subparagraph, if the hospital were a subsection (d) hospital as defined by section 1886(d)(1)(B) of the Social Security Act. ``(N) An entity that is a critical access hospital (as determined under section 1820(c)(2) of the Social Security Act), and that meets the requirements of subparagraph (L)(i). ``(O) An entity that is a rural referral center, as defined in section 1886(d)(5)(C)(i) of the Social Security Act, or a sole community hospital, as defined by section 1886(d)(5)(C)(iii) of such Act, and that both meets the requirements of subparagraph (L)(i) and has a disproportionate share adjustment percentage equal to or greater than 8 percent. ``(P) An entity that is a rural health clinic, as defined in section 1861(aa)(2) of the Social Security Act.''. SEC. 4. GAO STUDY AND REPORT ON DISPENSING FEES. (a) Study.--The Comptroller General of the United States shall conduct a study of the cost in each State of dispensing prescription drugs under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396a et seq.), which shall consider-- (1) any reasonable costs associated with pharmacists-- (A) checking for information regarding Medicaid coverage of individuals; and (B) performing necessary clinical review and quality assurance activities, such as-- (i) activities to identify and reduce the frequency of patterns of fraud, abuse, gross overuse, and inappropriate or medically unnecessary care among physicians, pharmacists, and patients; (ii) activities associated with specific drugs or groups of drugs, including potential and actual severe adverse reactions to drugs, including education on therapeutic appropriateness, over-utilization and under- utilization of drugs, appropriate use of generic products, therapeutic duplication, drug-disease contraindications, drug interactions, incorrect drug dosage or duration of drug treatment, drug-allergy interactions, and clinical abuse or misuse; and (iii) any other clinical review and quality assurance activities required under Federal or State law; (2) the costs incurred by a pharmacy that are associated with-- (A) the measurement or mixing of a drug covered by Medicaid; (B) filling the container for such a drug; (C) physically transferring the prescription to the patient, including any costs of delivering the medication to the home of such patient; (D) special packaging of drugs; (E) overhead costs of the pharmacy, or the section of the facility that is devoted to a pharmacy, and maintenance of the pharmacy or section of the facility (including the equipment necessary to operate such pharmacy or such section and the salaries of pharmacists and other pharmacy workers); (F) geographic factors that impact operational costs; (G) compounding such prescription if necessary; and (H) uncollectability of Medicaid prescription copayments; (3) the variation in costs described in paragraph (2) based on-- (A) whether a product dispensed is a rural or urban pharmacy; (B) whether the product dispensed is a specialty pharmacy product; and (C) whether the pharmacy is located in, or contracts with, a long-term care facility; and (4) the increase in dispensing fees, including the costs described in paragraphs (1), (2), and (3), that would be sufficient to create an incentive for a pharmacist to promote the substitution of covered general alternative therapies. (b) Report.--Not later than December 1, 2010, the Comptroller General of the United States shall submit to the Secretary of Health and Human Services and to each State a report describing the study conducted under subsection (a). The report shall include-- (1) the average cost in each State of dispensing a prescription drug under Medicaid; (2) the findings of the study conducted under subsection (a) with respect to-- (A) the variation in costs studied under subparagraphs (A) and (B) of paragraph (3) of such subsection; and (B) the increase in dispensing fees described in paragraph (4) of such subsection. (c) Use of Study.--Each State shall use the report described in subsection (b) to assess the adequacy of Medicaid pharmacy dispensing fees. The Secretary of Health and Human Services shall use such report to approve State plan amendments for States that submit such amendments for the purposes of increasing Medicaid pharmacy dispensing fees. SEC. 5. STATE OFFICES OF RURAL HEALTH. Section 338J of the Public Health Service Act (42 U.S.C. 254r) is amended by striking subsection (k).
Rural Health Access and Improvement Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to give priority to critical access hospitals in awarding grants to facilitate and expand the electronic movement and use of health information among organizations according to nationally recognized standards. Expands the 340B drug discount program to allow participation as a covered entity by certain children's hospitals, critical access hospitals, rural referral centers, sole community hospitals, and rural health clinics. Directs the Comptroller General to study and report on the cost in each state of dispensing prescription drugs under the Medicaid program. Requires states to use the report to assess the adequacy of Medicaid pharmacy dispensing fees. Repeals provisions terminating the grant program for the operation of state offices of rural health.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Angel Tax Credit Act''. SEC. 2. ANGEL INVESTMENT TAX CREDIT. (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. 30E. ANGEL INVESTMENT TAX CREDIT. ``(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 25 percent of the qualified equity investments made by a qualified investor during the taxable year. ``(b) Limitation.--The amount of the credit allowed under subsection (a) for any taxpayer for any taxable year shall not exceed $250,000. ``(c) Qualified Equity Investment.--For purposes of this section-- ``(1) In general.--The term `qualified equity investment' means any equity investment in a qualifying business entity if-- ``(A) the aggregate amount of such investments made by the taxpayer during the taxable year is $25,000 or more, ``(B) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, and ``(C) such investment is designated for purposes of this section by the qualifying business entity. ``(2) Equity investment.--The term `equity investment' means-- ``(A) any form of equity, including a general or limited partnership interest, common stock, preferred stock (other than nonqualified preferred stock as defined in section 351(g)(2)), with or without voting rights, without regard to seniority position and whether or not convertible into common stock or any form of subordinate or convertible debt, or both, with warrants or other means of equity conversion, and ``(B) any capital interest in an entity which is a partnership. ``(3) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. ``(d) Qualifying Business Entity.--For purposes of this section-- ``(1) In general.--The term `qualifying business entity' means any domestic corporation or partnership if such corporation or partnership-- ``(A) has its headquarters in the United States, ``(B) has gross revenues for the taxable year preceding the date of the qualified equity investment of less than $1,000,000, ``(C) employs less than 25 full-time equivalent employees as of the date of such investment, ``(D) has been in existence for less than 7 years as of the date of the qualified equity investment, ``(E) has more than 50 percent of the employees performing substantially all of their services in the United States as of the date of such investment, ``(F) is engaged in a high technology trade or business related to-- ``(i) advanced materials, nanotechnology, or precision manufacturing, ``(ii) aerospace, aeronautics, or defense, ``(iii) biotechnology or pharmaceuticals, ``(iv) electronics, semiconductors, software, or computer technology, ``(v) energy, environment, or clean technologies, ``(vi) forest products or agriculture, ``(vii) information technology, communication technology, digital media, or photonics, ``(viii) life sciences or medical sciences, ``(ix) marine technology or aquaculture, ``(x) transportation, or ``(xi) any other high technology trade or business, as determined by the Secretary of the Treasury, and ``(G) has equity investments designated for purposes of this paragraph. ``(2) Designation of equity investments.--For purposes of paragraph (1)(G), an equity investment shall not be treated as designated if such designation would result in the aggregate amount which may be taken into account under this section with respect to equity investments in such corporation or partnership exceeds $2,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for the taxable year and all preceding taxable years. ``(e) Qualified Investor.--For purposes of this section-- ``(1) In general.--The term `qualified investor' means an accredited investor, as defined by the Securities and Exchange Commission. ``(2) Exclusion.--The term `qualified investor' does not include-- ``(A) a person controlling at least 50 percent of the qualifying business entity, ``(B) any venture capital fund (within the meaning of section 203(l) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3(l))), or ``(C) any bank, savings association, loan association, trust company, insurance company, or similar entity whose business activities include making similar investments to investments of a venture capital fund (as so defined). ``(f) National Limitation on Amount of Investments Designated.-- ``(1) In general.--There is an angel investment tax credit limitation of $500,000,000 for each of calendar years 2013 through 2017. ``(2) Allocation of limitation.--The limitation under paragraph (1) shall be allocated by the Secretary among qualified small business entities selected by the Secretary. ``(3) Carryover of unused limitation.--If the angel investment tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2022. ``(g) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--Except as provided in paragraph (2), the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--In the case of an individual who elects the application of this paragraph, for purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Carryforward of unused credit.--If the credit allowable under subsection (a) by reason of subparagraph (A) exceeds the limitation imposed by section 26(a) for such taxable year, reduced by the sum of the credits allowable under subpart A (other than this section) for such taxable year, such excess shall be carried to each of the succeeding 20 taxable years to the extent that such unused credit may not be taken into account under subsection (a) by reason of subparagraph (A) for a prior taxable year because of such limitation. ``(h) Special Rules.-- ``(1) Related parties.--For purposes of this section-- ``(A) In general.--All related persons shall be treated as 1 person. ``(B) Related persons.--A person shall be treated as related to another person if-- ``(i) the relationship between such persons would result in the disallowance of losses under section 267 or 707(b), or ``(ii) for purposes of subsection (e), the person is an individual who is the spouse of a lineal descendant of an individual described in subsection (e)(2)(A). ``(2) Basis.--For purposes of this subtitle, the basis of any investment with respect to which a credit is allowable under this section shall be reduced by the amount of such credit so allowed. This subsection shall not apply for purposes of sections 1202, 1397B, and 1400B. ``(3) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified equity investment which is held by the taxpayer less than 3 years, except that no benefit shall be recaptured in the case of-- ``(A) transfer of such investment by reason of the death of the taxpayer, ``(B) transfer between spouses, ``(C) transfer incident to the divorce (as defined in section 1041) of such taxpayer, or ``(D) a transaction to which section 381(a) applies (relating to certain acquisitions of the assets of one corporation by another corporation). ``(i) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which prevent the abuse of the purposes of this section, ``(2) which impose appropriate reporting requirements, and ``(3) which apply the provisions of this section to newly formed entities.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (35), by striking ``plus''; (2) in paragraph (36), by striking the period at the end and inserting ``, plus''; and (3) by adding at the end the following new paragraph: ``(37) the portion of the angel investment tax credit to which section 30E(g)(1) applies.''. (c) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 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 inserting after paragraph (37) the following new paragraph: ``(38) to the extent provided in section 30E(h)(2).''. (2) 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 adding at the end the following new item: ``Sec. 30E. Angel investment tax credit.''. (d) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2013, in taxable years ending after such date.
Angel Tax Credit Act - Amends the Internal Revenue Code to allow a new business-related tax credit for 25% of equity investments of $25,000 or more in a domestic corporation or partnership that: (1) has its headquarters in the United States, (2) has gross revenues for the taxable year of less than $1 million, (3) employs fewer than 25 full-time employees, (4) has been in existence for less than 7 years as of the date of the investment, (5) has more than 50% of its employees performing substantially all of their services in the United States, and (6) is engaged in a high technology trade or business. Limits the allowable amount of such credit to $250,000 in any taxable year and imposes an overall limitation on such credit of $500 million for each of calendar years 2013 through 2017.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Detroit River International Wildlife Refuge Establishment Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Detroit River, one of North America's greatest rivers, was created some 14,000 years ago during the retreat of the Wisconsin Glacier. (2) The present river channel, established when falling water levels permitted erosion of the Lake Plain and moraines, is a connecting channel linking the Upper and Lower Great Lakes, as well as linking the United States to Canada. (3) The Lower Detroit River ecosystem is diverse with a number of distinct channels, numerous shoals that support dense stands of aquatic plants, and many islands. These nationally and internationally significant habitats and ecological features attract as many as 29 species of waterfowl and 65 kinds of fish. (4) The Detroit River is a major migration corridor for fish, butterflies, raptors, and other birds, in addition to waterfowl. Over 300 species of birds have been documented in the Detroit- Windsor area, of which about 150 species breed in the immediate area. (5) Because the Great Lakes are situated at the intersection of the Atlantic and Mississippi Flyways, the Detroit River is an important waterfowl migration corridor. 3,000,000 ducks, geese, swans, and coots migrate annually through the Great Lakes region. (6) The importance of this corridor is recognized in the Canada-United States North American Waterfowl Management Plan that has identified the Detroit River as part of one of 34 Waterfowl Habitat Areas of Major Concern in the United States and Canada. (7) Some 300,000 diving ducks stop in the Lower Detroit River on their fall migration from Canada to the east and south each year to rest and feed in beds of water celery found in the region. (8) The international importance of the Lower Detroit River area is manifested in the United States congressional designation of the 460-acre Wyandotte National Wildlife Refuge. (9) Canada's Canard River Marsh Complex is an internationally significant waterfowl staging area which is one of the main resting and feeding areas for canvasbacks migrating from their nesting grounds in the Canadian prairies to the East Coast. Many over- winter in the area as well. (10) The diversity of biota and habitats in the Lower Detroit River ecosystem provides substantial benefits to the over 5,000,000 people who live in the vicinity. The Lower Detroit River has an international reputation for duck hunting. On an economic basis, retail sales related to waterfowl hunting in Michigan were estimated in 1991 to be $20,100,000. During the same year birding, photography, and other nonconsumptive uses of waterfowl contributed an additional $192,800,000 in Michigan. (11) More than 1,000,000 pleasure boats are registered in Michigan and about half of those are used on the Detroit River and Lake St. Clair, in part to fish for the estimated 10,000,000 walleye that migrate to the Detroit River each spring from Lake Erie to spawn. These walleye have helped create an internationally renowned sport fishery estimated to bring in $1,000,000 to the economy of communities along the lower Detroit River each spring. (12) All of these natural resource values and socioeconomic benefits were acclaimed when the Detroit River was designated an American Heritage River in 1998. The Detroit River is also a Canadian Heritage River, making it the first international heritage river system in the world. (13) The Detroit River has lost over 95 percent of its coastal wetland habitats and despite increased awareness and supporting science of their importance, habitats continue to be destroyed and degraded. (14) Protection of remaining wildlife habitats and enhancement of degraded wildlife habitats are essential to sustain the quality of life enjoyed by so many living along the Detroit River corridor. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Refuge'' means the Detroit River International Wildlife Refuge established by section 5. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Detroit River'' means those lands and waters within the area described in section 5(a). SEC. 4. PURPOSES. The purposes for which the Refuge is established and shall be managed are as follows: (1) To protect the remaining high-quality fish and wildlife habitats of the Detroit River before they are lost to further development and to restore and enhance degraded wildlife habitats associated with the Detroit River. (2) To assist in international efforts to conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Detroit River (including associated fish, wildlife, and plant species) both in the United States and Canada. (3) To facilitate partnerships among the United States Fish and Wildlife Service, Canadian national and provincial authorities, State and local governments, local communities in the United States and in Canada, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the Detroit River. SEC. 5. ESTABLISHMENT OF REFUGE. (a) Boundaries.--There is hereby established the Detroit River International Wildlife Refuge, consisting of the lands and waters owned or managed by the Secretary pursuant to this Act in the State of Michigan within the area extending from the point in Michigan directly across the river from northernmost point of Ojibway Shores to the southern boundary of the Sterling State Park, as depicted upon a map entitled ``Detroit River International Wildlife Refuge Proposed'', dated July 31, 2001, which shall be available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Existing Refuge Lands.--The Wyandotte National Wildlife Refuge is hereby included within, and shall be a part of, the Detroit River International Wildlife Refuge. All references to the Wyandotte National Wildlife Refuge shall hereafter be treated as references to the Detroit River International Wildlife Refuge. (c) Boundary Revisions.--The Secretary may make such revisions of the boundaries of the Refuge as may be appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of property within the Refuge. (d) Acquisition.--The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange the lands and waters, or interests therein (including conservation easements), within the boundaries of the Refuge. (e) Transfers From Other Agencies.--Any Federal property located within the boundaries of the Refuge which is under the administrative jurisdiction of another department or agency of the United States may, with the concurrence of the head of administering department or agency, be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this Act. (f) Study of Associated Area.--The Secretary (acting through the Director of the United States Fish and Wildlife Service) shall conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the north reach of the Detroit River, from the northernmost point of Ojibway Shores north to the mouth of Lake St. Clair, for potential inclusion in the Refuge. Not later than 18 months after the date of the enactment of the Act, the Secretary shall complete such study and submit a report containing the results thereof to the Congress. SEC. 6. ADMINISTRATION. (a) In General.--The Secretary shall administer all federally owned lands, waters, and interests therein that are within the boundaries of the Refuge in accordance with the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et seq.) and this Act. The Secretary may use such additional statutory authority as may be available for the conservation of fish and wildlife, and the provision of fish and wildlife dependent recreational opportunities as the Secretary considers appropriate to carry out the purposes of this Act. (b) Priority Uses.--In providing opportunities for compatible fish and wildlife dependent recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge. (c) Cooperative Agreements Regarding Nonfederal Lands.--The Secretary is authorized to enter into cooperative agreements with the State of Michigan, or any political subdivision thereof, and with any other person or entity for the management in a manner consistent with this Act of lands that are owned by such State, subdivision, or other person or entity and located within the boundaries of the Refuge and to promote public awareness of the resources of the Detroit River International Wildlife Refuge and encourage public participation in the conservation of those resources. (d) Use of Existing Greenway Authority.--The Secretary shall encourage the State of Michigan to use existing authorities under the Transportation Equity Act for the 21st Century (TEA-21) to provide funding for acquisition and development of trails within the boundaries of the Refuge. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Interior-- (1) such sums as may be necessary for the acquisition of lands and waters within the Refuge; (2) such sums as may be necessary for the development, operation, and maintenance of the Refuge; and (3) such sums as may be necessary to carry out the study under section 5(f). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Detroit River International Wildlife Refuge Establishment Act - Establishes the Detroit River International Wildlife Refuge (Refuge) which shall consist of specified lands and waters in Michigan, including the Wyandotte National Wildlife Refuge.Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to: (1) conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the north reach of the River, from the northernmost point of Ojibway Shores north to the mouth of Lake St. Clair, for potential inclusion in the Refuge; and (2) submit a report containing the results to Congress.Authorizes the Secretary to: (1) use available authority for the conservation of fish and wildlife and for provision of fish and wildlife dependent recreational opportunities in the Refuge; and (2) ensure that compatible hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge.Authorizes the Secretary to enter into cooperative agreements with the State of Michigan, any political subdivision thereof, or any other person or entity: (1) for the management of lands within the Refuge owned by such person or entity; and (2) to promote public awareness of the Refuge's resources and encourage public participation in the conservation of those resources.Directs the Secretary to encourage the State to use existing authorities under the Transportation Equity Act for the 21st Century to provide funding for acquisition and development of trails within the Refuge.Authorizes appropriations.
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SECTION 1. SHORT TITLE; REFERENCE TO INTERNAL REVENUE CODE. (a) Short Title.--This Act may be cited as the ``Family Farm Retirement Equity Act of 1993''. (b) Reference to Internal Revenue Code of 1986.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. ROLLOVER OF GAIN FROM SALE OF FARM ASSETS TO INDIVIDUAL RETIREMENT PLANS. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by inserting after section 1034 the following new section: ``SEC. 1034A. ROLLOVER OF GAIN ON SALE OF FARM ASSETS INTO ASSET ROLLOVER ACCOUNT. ``(a) Nonrecognition of Gain.--If a taxpayer has a qualified net farm gain from the sale of a qualified farm asset, then, at the election of the taxpayer, gain (if any) from such sale shall be recognized only to the extent such gain exceeds the contributions-- ``(1) to 1 or more asset rollover accounts of the taxpayer for the taxable year in which such sale occurs, and ``(2) not in excess of the limits under subsection (c). ``(b) Asset Rollover Account.-- ``(1) General rule.--Except as provided in this section, an asset rollover account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(2) Asset rollover account.--For purposes of this title, the term `asset rollover account' means an individual retirement plan which is designated at the time of the establishment of the plan as an asset rollover account. Such designation shall be made in such manner as the Secretary may prescribe. ``(c) Contribution Rules.-- ``(1) No deduction allowed.--No deduction shall be allowed under section 219 for a contribution to an asset rollover account. ``(2) Aggregate contribution limitation.--Except in the case of rollover contributions, the aggregate amount for all taxable years which may be contributed to all asset rollover accounts established on behalf of an individual during a qualified period shall not exceed-- ``(A) $500,000 ($250,000 in the case of a separate return by a married individual), reduced by ``(B) the amount by which the aggregate value of the assets held by the individual (and spouse) in individual retirement plans (other than asset rollover accounts) exceeds $100,000. ``(3) Annual contribution limitations.-- ``(A) General rule.--The aggregate contribution which may be made in any taxable year to all asset rollover accounts shall not exceed the lesser of-- ``(i) the qualified net farm gain for the taxable year, or ``(ii) an amount determined by multiplying the number of years the taxpayer is a qualified farmer by $10,000. ``(B) Spouse.--In the case of a married couple filing a joint return under section 6013 for the taxable year, subparagraph (A) shall be applied by substituting `$20,000' for `$10,000' for each year the taxpayer's spouse is a qualified farmer. ``(4) Time when contribution deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a contribution to an asset rollover account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(d) Qualified Net Farm Gain; Etc.--For purposes of this section-- ``(1) Qualified net farm gain.--The term `qualified net farm gain' means the lesser of-- ``(A) the net capital gain of the taxpayer for the taxable year, or ``(B) the net capital gain for the taxable year determined by only taking into account gain (or loss) in connection with a disposition of a qualified farm asset. ``(2) Qualified farm asset.--The term `qualified farm asset' means an asset used by a qualified farmer in the active conduct of the trade or business of farming (as defined in section 2032A(e)). ``(3) Qualified farmer.-- ``(A) In general.--The term `qualified farmer' means a taxpayer who-- ``(i) during the 5-year period ending on the date of the disposition of a qualified farm asset materially participated in the trade or business of farming, and ``(ii) 50 percent or more of such trade or business is owned by the taxpayer (or his spouse) during such 5-year period. ``(B) Material participation.--For purposes of this paragraph, a taxpayer shall be treated as materially participating in a trade or business if the taxpayer meets the requirements of section 2032A(e)(6). ``(4) Rollover contributions.--Rollover contributions to an asset rollover account may be made only from other asset rollover accounts. ``(e) Distribution Rules.--For purposes of this title, the rules of paragraphs (1) and (2) of section 408(d) shall apply to any distribution from an asset rollover account. ``(f) Individual Required To Report Qualified Contributions.-- ``(1) In general.--Any individual who-- ``(A) makes a contribution to any asset rollover account for any taxable year, or ``(B) receives any amount from any asset rollover account for any taxable year, shall include on the return of tax imposed by chapter 1 for such taxable year and any succeeding taxable year (or on such other form as the Secretary may prescribe) information described in paragraph (2). ``(2) Information required to be supplied.--The information described in this paragraph is information required by the Secretary which is similar to the information described in section 408(o)(4)(B). ``(3) Penalties.--For penalties relating to reports under this paragraph, see section 6693(b).''. (b) Contributions Not Deductible.--Section 219(d) of the Internal Revenue Code of 1986 (relating to other limitations and restrictions) is amended by adding at the end thereof the following new paragraph: ``(5) Contributions to asset rollover accounts.--No deduction shall be allowed under this section with respect to a contribution under section 1034A.''. (c) Excess Contributions.-- (1) In general.--Section 4973 of the Internal Revenue Code of 1986 (relating to tax on excess contributions to individual retirement accounts, certain section 403(b) contracts, and certain individual retirement annuities) is amended by adding at the end the following new subsection: ``(d) Asset Rollover Accounts.--For purposes of this section, in the case of an asset rollover account referred to in subsection (a)(1), the term `excess contribution' means the excess (if any) of the amount contributed for the taxable year to such account over the amount which may be contributed under section 1034A.''. (2) Conforming amendments.-- (A) Section 4973(a)(1) of such Code is amended by striking ``or'' and inserting ``an asset rollover account (within the meaning of section 1034A), or''. (B) The heading for section 4973 of such Code is amended by inserting ``asset rollover accounts,'' after ``contracts''. (C) The table of sections for chapter 43 of such Code is amended by inserting ``asset rollover accounts,'' after ``contracts'' in the item relating to section 4973. (d) Technical Amendments.-- (1) Paragraph (1) of section 408(a) of the Internal Revenue Code of 1986 (defining individual retirement account) is amended by inserting ``or a qualified contribution under section 1034A,'' before ``no contribution''. (2) Subparagraph (A) of section 408(d)(5) of such Code is amended by inserting ``or qualified contributions under section 1034A'' after ``rollover contributions''. (3)(A) Section 6693(b)(1) of such Code is amended by inserting ``or 1034A(f)(1)'' after ``408(o)(4)'' in subparagraph (A). (B) Section 6693(b)(2) of such Code is amended by inserting ``or 1034A(f)(1)'' after ``408(o)(4)''. (4) The table of sections for part III of subchapter O of chapter 1 of such Code is amended by inserting after the item relating to section 1034 the following new item: ``Sec. 1034A. Rollover of gain on sale of farm assets into asset rollover account.''. (e) Effective Date.--The amendments made by this section shall apply to sales and exchanges after the date of enactment of this Act.
Family Farm Retirement Equity Act of 1993 - Amends the Internal Revenue Code with respect to nontaxable exchanges to allow the rollover of gain from the sale of a qualified farm asset into one or more individual retirement plans, to be known as asset rollover accounts. Denies an itemized deduction for contributions to such accounts and sets forth contribution limitations. Provides that rollover contributions to an asset rollover account may be made only from other such accounts. Sets forth reporting requirements for individuals making contributions to such accounts and taxes excess contributions.
{"src": "billsum_train", "title": "Family Farm Retirement Equity Act of 1993"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Dam Safety Act of 2012''. SEC. 2. PURPOSE. The purpose of this Act and the amendments made by this Act is to reduce the risks to life and property from dam failure in the United States through the reauthorization of an effective national dam safety program that brings together the expertise and resources of the Federal and non-Federal communities in achieving national dam safety hazard reduction. SEC. 3. ADMINISTRATOR. (a) In General.--The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended by striking ``Director'' each place it appears and inserting ``Administrator''. (b) Conforming Amendment.--Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended-- (1) by striking paragraph (3); (2) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (3) by inserting before paragraph (2) (as redesignated by paragraph (2)) the following: ``(1) Administrator.--The term `Administrator' means the Administrator of the Federal Emergency Management Agency.''. SEC. 4. INSPECTION OF DAMS. Section 3(b)(1) of the National Dam Safety Program Act (33 U.S.C. 467a(b)(1)) is amended by striking ``or maintenance'' and inserting ``maintenance, condition, or provisions for emergency operations''. SEC. 5. NATIONAL DAM SAFETY PROGRAM. (1) Objectives.--Section 8(c) of the National Dam Safety Program Act (33 U.S.C. 467f(c)) is amended by striking paragraph (4) and inserting the following: ``(4) develop and implement a comprehensive dam safety hazard education and public awareness program to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents;''. (2) Board.--Section 8(f)(4) of the National Dam Safety Program Act (33 U.S.C. 467f(f)(4)) is amended by inserting ``, representatives from nongovernmental organizations,'' after ``State agencies''. SEC. 6. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY. The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended-- (1) by redesignating sections 11, 12, and 13 as sections 12, 13, and 14, respectively; and (2) by inserting after section 10 (33 U.S.C. 467g-1) the following: ``SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY. ``The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall carry out a nationwide public awareness and outreach program to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (1) National dam safety program.-- (A) Annual amounts.--Section 14(a)(1) of the National Dam Safety Program Act (33 U.S.C. 467j(a)(1)) (as so redesignated) is amended by striking ``$6,500,000'' and all that follows through ``2011'' and inserting ``$9,200,000 for each of fiscal years 2012 through 2016''. (B) Maximum amount of allocation.--Section 14(a)(2)(B) of the National Dam Safety Program Act (33 U.S.C. 467j(a)(2)(B)) (as so redesignated) is amended-- (i) by striking ``The amount'' and inserting the following: ``(i) In general.--The amount''; and (ii) by adding at the end the following: ``(ii) Fiscal year 2013 and subsequent fiscal years.--For fiscal year 2013 and each subsequent fiscal year, the amount of funds allocated to a State under this paragraph may not exceed the amount of funds committed by the State to implement dam safety activities.''. (2) National dam inventory.--Section 14(b) of the National Dam Safety Program Act (33 U.S.C. 467j(b)) (as so redesignated) is amended by striking ``$650,000'' and all that follows through ``2011'' and inserting ``$500,000 for each of fiscal years 2012 through 2016''. (3) Public awareness.--Section 14 of the National Dam Safety Program Act (33 U.S.C. 467j) (as so redesignated) is amended-- (A) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (B) by inserting after subsection (b) the following: ``(c) Public Awareness.--There is authorized to be appropriated to carry out section 11 $1,000,000 for each of fiscal years 2012 through 2016.''. (4) Research.--Section 14(d) of the National Dam Safety Program Act (as so redesignated) is amended by striking ``$1,600,000'' and all that follows through ``2011'' and inserting ``$1,450,000 for each of fiscal years 2012 through 2016''. (5) Dam safety training.--Section 14(e) of the National Dam Safety Program Act (as so redesignated) is amended by striking ``$550,000'' and all that follows through ``2011'' and inserting ``$750,000 for each of fiscal years 2012 through 2016''. (6) Staff.--Section 14(f) of the National Dam Safety Program Act (as so redesignated) is amended by striking ``$700,000'' and all that follows through ``2011'' and inserting ``$1,000,000 for each of fiscal years 2012 through 2016''.
Dam Safety Act of 2012 - Authorizes appropriations for the National Dam Safety Program for FY2012-FY2016. Requires the head of a federal agency, on request, to provide a state dam safety agency with information on the condition and provisions for emergency operations of any dam the failure of which would affect the state. Includes as an objective of the National Dam Safety Program the development and implementation of a comprehensive dam safety hazard education and public awareness program to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents. Directs the Administrator of the Federal Emergency Management Agency (FEMA) to carry out such a public awareness and outreach program nationwide. Authorizes the Administrator to invite representatives from nongovernmental organizations to participate in meetings of the National Dam Safety Review Board.
{"src": "billsum_train", "title": "A bill to reauthorize the National Dam Safety Program Act, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Mental Health Civil Commitment Modernization Act of 2004''. SEC. 2. COMPOSITION, APPOINTMENT, AND ORGANIZATION OF COMMISSION ON MENTAL HEALTH. (a) In General.--Section 21-502, District of Columbia Official Code, is amended to read as follows: ``Sec. 21-502. Commission on Mental Health; composition; appointment and terms of members; organization; chairperson; salaries ``(a) The Commission on Mental Health is continued. The Chief Judge of the Superior Court of the District of Columbia shall appoint the members of the Commission, and the Commission shall be composed of 9 members and an alternate chairperson. One member shall be a magistrate judge of the Court appointed pursuant to title 11, District of Columbia Official Code, who shall be a member of the bar of the Court and has engaged in active practice of law in the District of Columbia for a period of at least 5 years prior to his or her appointment. The magistrate judge shall be the Chairperson of the Commission and act as the administrative head of the Commission. The Chairperson shall preside at all hearings and direct all of the proceedings before the Commission. Eight members of the Commission shall be psychiatrists or qualified psychologists, as those terms are defined in section 21-501, who have not had less than 5 years of experience in the diagnosis and treatment of mental illness. ``(b)(1) Appointment of members of the Commission shall be for terms of 4 years. ``(2) The initial appointment of a psychiatrist or a qualified psychologist shall be for a probationary period of one year. After the initial one-year probationary appointment, subsequent appointments of the psychiatrist or qualified psychologist shall be for terms of 4 years. ``(c) The psychiatrist or qualified psychologist members of the Commission shall serve on a part-time basis and shall be rotated by assignment of the Chief Judge of the Court, so that at any one time the Commission shall consist of the Chairperson and 2 members, each of whom is either a psychiatrist or a qualified psychologist. Members of the Commission who are psychiatrists or qualified psychologists may practice their professions during their tenures of office, but may not participate in the disposition of a case of a person in which they have rendered professional service or advice. ``(d) The Chief Judge of the Court shall appoint a magistrate judge of the Court to serve as an alternate Chairperson of the Commission. The alternate Chairperson shall serve on a part time basis and act as Chairperson in the absence of the permanent Chairperson. ``(e) The rate of compensation for the members of the Commission who are psychiatrists or qualified psychologists shall be fixed by the Executive Officer of the Court.''. (b) Clerical Amendment.--The item relating to section 21-502 in the table of sections for subchapter I of chapter 5 of title 21, District of Columbia Official Code, is amended to read as follows: ``21-502. Commission on Mental Health; composition; appointment and terms of members; organization; chairperson; salaries.''. (c) Effective Date; Transition for Current Members.--The amendments made by this section shall take effect on the date of the enactment of this Act, except nothing in this section or the amendments made by this section may be construed to affect the appointment or term of service of any individual who serves as a member or alternate member of the Commission on Mental Health (including an individual who serves as the Chairperson or alternate Chairperson of the Commission) on such date. SEC. 3. COMMISSION MEMBERS DEEMED COMPETENT AND COMPELLABLE WITNESSES AT MENTAL HEALTH PROCEEDINGS. Section 21-503(b), District of Columbia Official Code, is amended by striking ``The Commission, or any of the members thereof,'' and inserting ``Commission members who are psychiatrists or qualified psychologists''. SEC. 4. DETENTION FOR EMERGENCY OBSERVATION AND DIAGNOSIS. Section 21-526, District of Columbia Official Code, is amended by adding at the end the following new subsections: ``(c) The maximum period of time for detention for emergency observation and diagnosis may be extended for up to 21 days, if judicial proceedings under subchapter IV of this chapter have been commenced before the expiration of the order entered under section 21- 524 and a psychiatrist or qualified psychologist has examined the person who is the subject of the judicial proceedings and is of the opinion that the person being detained remains mentally ill and is likely to injure himself or others as a result of the illness unless the emergency detention is continued. For good cause shown, the Court may extend the period of detention for emergency observation and diagnosis. The period of detention for emergency observation and diagnosis may be extended pursuant to section 21-543(b) or following a hearing before the Commission pursuant to subsections (d) and (e) of this section. ``(d) If the Commission, at the conclusion of its hearing pursuant to section 21-542, has found that the person with respect to whom the hearing was held is mentally ill and, because of the mental illness, is likely to injure himself or others if not committed, and has concluded that a recommendation of inpatient commitment is the least restrictive alternative available to prevent the person from injuring himself or others, the detention for emergency observation and diagnosis may be continued by the Department or hospital-- ``(1) pending the conclusion of judicial proceedings under subchapter IV of this chapter; ``(2) until the Court enters an order discharging the person; or ``(3) until the Department or hospital determines that continued hospitalization is no longer the least restrictive form of treatment appropriate for the person being detained. ``(e) If the Commission, at the conclusion of its hearing, finds that the person is mentally ill, is likely to injure himself or other persons as a result of mental illness if not committed, and that outpatient treatment is the least restrictive form of commitment appropriate, then, within 14 days of the date of the hearing, the person shall be discharged from inpatient status and shall receive outpatient mental health services or mental health supports as an emergency nonvoluntary patient consistent with this subchapter, pending the conclusion of judicial proceedings under subchapter IV of this chapter.''. SEC. 5. REPRESENTATION BY COUNSEL OF PERSONS ALLEGED TO BE MENTALLY ILL. Section 21-543, District of Columbia Official Code, is amended-- (1) in subsection (a) (as redesignated by section 2(r)(1) of the Mental Health Civil Commitment Act of 2002), by striking the last sentence; and (2) by adding at the end the following new subsection: ``(b) The Commission may not grant a continuance for counsel to prepare his case for more than 5 days. The Commission may grant continuances for good cause shown for periods of up to 14 days. If the Commission grants a continuance, the emergency observation and detention of the person about whom the hearing is being held shall be extended for the duration of the continuance.''. SEC. 6. HEARING AND DETERMINATION ON QUESTION OF MENTAL ILLNESS. (a) In General.--Section 21-545, District of Columbia Official Code, is amended-- (1) in subsection (a), by striking ``jury trial'' each place it appears and inserting ``jury trial or a trial by the Court''; (2) by amending subsection (b) to read as follows: ``(b)(1) If the Court or jury finds that the person is not mentally ill or is not likely to injure himself or others as a result of mental illness, the Court shall dismiss the petition and order the person's release. ``(2) If the Court or jury finds that the person is mentally ill and, because of that mental illness, is likely to injure himself or others if not committed, the Court may order the person's commitment to the Department or to any other facility, hospital, or mental health provider that the Court believes is the least restrictive alternative consistent with the best interests of the person and the public. An order of commitment issued pursuant to this paragraph shall be for a period of one year.''; and (3) by adding at the end the following new subsections: ``(c) The psychiatrists and qualified psychologists who are members of the Commission shall be competent and compellable witnesses at a hearing or trial held pursuant to this chapter. ``(d) The jury to be used in any case where a jury trial is demanded under this chapter shall be impaneled, upon order of the Court, from the jurors in attendance upon other branches of the Court, who shall perform the services in addition to and as part of their duties in the Court.''. (b) Effective Date.--The amendments made by this section shall apply with respect to trials under section 21-545, District of Columbia Code, which are initiated on or after the date of the enactment of this Act. SEC. 7. RENEWAL OF COMMITMENT STATUS BY COMMISSION. (a) In General.--Subchapter IV of chapter 5 of title 21, District of Columbia Official Code, is amended by inserting after section 21-545 the following new section: ``Sec. 21-545.01. Renewal of commitment status by commission; review by Court ``(a) At least 60 days prior to the expiration of an order of commitment issued pursuant to section 21-545 or this section, the chief clinical officer of the Department, or the chief of service of the facility, hospital, or mental health provider to which the person is committed may petition the Commission for a renewal of the order of commitment for that person. For good cause shown, a petition of commitment may be filed within the last 60 days of the one-year period of commitment. The petition for renewal of commitment shall be supported by a certificate of a psychiatrist or qualified psychologist stating that he has examined the person and is of the opinion that the person is mentally ill, and, because of the illness, is likely to injure himself or other persons if not committed. The term of the renewed commitment order shall not exceed one year. ``(b) Within 3 days of the filing of a petition under subsection (a) of this section, the Commission shall send a copy of the petition and supporting certificate by registered mail to the person with respect to whom the petition was filed and by regular mail to the person's attorney. ``(c) The Commission shall promptly examine a person for whom a petition is filed under subsection (a) of this section, and, in accordance with the procedures described in sections 21-542 and 21-543, shall thereafter promptly hold a hearing on the issue of the person's mental illness and whether, as a result of a mental illness, the person is likely to injure himself or other persons if not committed. ``(d) If the Commission finds, after a hearing under subsection (c) of this section, that the person with respect to whom the hearing was held is no longer mentally ill, or is not mentally ill to the extent that the person is likely to injure himself or other persons if not committed, the Commission shall immediately order the termination of the commitment and notify the Court of that fact in writing. ``(e) If the Commission finds, after a hearing under subsection (c) of this section, that the person with respect to whom the hearing was held remains mentally ill to the extent that the person is likely to injure himself or others if not committed, the Commission shall order the renewal of the commitment of the person for an additional term not to exceed one year and shall promptly report that fact, in writing, to the Court. The report shall contain the Commission's findings of fact and conclusions of law. A copy of the report shall be served by registered mail on the person with respect to whom the hearing was held and by mail on the person's attorney. ``(f) If a petition for a renewal of an order of commitment is pending at the expiration of the commitment period ordered under section 21-545 or this section, the Court may, for good cause shown, extend the period of commitment pending resolution of the renewal petition. ``(g) Within the last 30 days of the period of commitment, the chief clinical officer of the Department, or the chief of service of the facility, hospital, or mental health provider to which a person is committed, shall notify the Court which ordered the person's commitment pursuant to section 21-545 or this section of the decision not to seek renewal of commitment. Notice to the Court shall be in writing and a copy of the notice shall be mailed to the person who was committed and the person's attorney. ``(h)(1) A person for whom the Commission orders renewed commitment pursuant to subsection (e) of this section may seek a review of the Commission's order by the Superior Court of the District of Columbia, and the Commission, orally and in writing, shall advise the person of this right. ``(2) A review of the Commission's order of renewed commitment, in whole or in part, may be made by a judge of the appropriate division sua sponte and shall be made upon a motion of one of the parties made pursuant to procedures established by rules of the Court. The reviewing judge shall conduct such proceedings as required by the rules of the Court. ``(3) An appeal to the District of Columbia Court of Appeals may be made only after a judge of the Court has reviewed the Commission's order of renewed commitment.''. (b) Clerical Amendment.--The table of sections of subchapter IV of chapter 5 of title 21, District of Columbia Official Code, is amended by inserting after the item relating to section 21-545 the following: ``21-545.01. Renewal of commitment status by Commission; review by Court.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
District of Columbia Mental Health Civil Commitment Modernization Act of 2004 - (Sec. 2) Amends the District of Columbia Code to modify the composition of, appointment to, and organization of the Commission on Mental Health. (Sec. 3) Limits to Commission members who are psychiatrists or qualified psychologists (currently, the Commission or any of its members) the competency to be witnesses at any mental health proceeding. (Sec. 4) Authorizes Superior Court extension for up to 21 days, under certain conditions, of the period for which an individual may be detained for emergency observation and diagnosis in a facility, hospital, or mental health provider. (Sec. 5) Authorizes the Commission to grant a continuance of up to 14 days beyond the current allowed recess of five days for the counsel of persons alleged to be mentally ill to prepare a case. Requires extension of the emergency observation and detention period for the subject of the hearing for the duration of the continuance. (Sec. 6) Revises procedures on hearings and determination of mental illness. Limits to the least restrictive alternative the kind of facility to which a Court may order a person's commitment, consistent with the best interests of the person and the public. (Sec. 7) Authorizes a one-year renewal of commitment status by the Commission, subject to judicial review, of a person in a facility, hospital, or mental health provider.
{"src": "billsum_train", "title": "To amend title 21, District of Columbia Official Code, to enact the provisions of the Mental Health Civil Commitment Act of 2002 which affect the Commission on Mental Health and require action by Congress in order to take effect."}
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SECTION 1. NEXT GENERATION BIOFUEL. (a) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended-- (1) by redesignating subparagraphs (E), (F), (G), and (H) as subparagraphs (H), (E), (F), (G), respectively, and moving subparagraph (H) (as so redesignated) to appear before subparagraph (I); and (2) in subparagraph (H) (as redesignated by paragraph (1)), by striking ``Cellulosic biofuel.--'' and all that follows through ``biomass'' and inserting ``Next generation biofuel.-- The term `next generation biofuel' means renewable fuel that is derived from any cellulose, hemicellulose, lignin, or algae that is derived from renewable biomass or nonethanol renewable fuel that is derived from renewable biomass''. (b) Standard.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)(i), in the second sentence, by striking ``cellulosic'' and inserting ``next generation''; and (B) in subparagraph (B)-- (i) in clause (i)(III)-- (I) in the subclause heading, by striking ``Cellulosic'' and inserting ``Next generation''; (II) by striking ``cellulosic'' and inserting ``next generation''; and (III) in the heading of the right column, by striking ``cellulosic'' and inserting ``next generation''; (ii) in clause (ii)(III), by striking ``cellulosic'' and inserting ``next generation''; and (iii) in clause (iv)-- (I) in the clause heading, by striking ``cellulosic'' and inserting ``next generation''; and (II) by striking ``cellulosic'' and inserting ``next generation''; (2) in paragraphs (3)(A), (4)(A), and (4)(B), by striking ``cellulosic'' each place it appears and inserting ``next generation''; and (3) in paragraph (7)(D)-- (A) in the subparagraph heading, by striking ``Cellulosic'' and inserting ``next generation''; and (B) by striking ``cellulosic'' each place it appears and inserting ``next generation''. SEC. 2. STATE OPTION OF NON-PARTICIPATION IN RENEWABLE FUEL STANDARD. Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended by adding at the end the following: ``(vi) Election of non-participation by state government.-- ``(I) In general.--For purposes of subparagraph (A), the applicable volume of renewable fuel as determined under this subparagraph shall be adjusted in accordance with this clause. ``(II) Requirements.--On passage by a State legislature and signature by the Governor of the State of a law that elects to not participate in the applicable volume of renewable fuel in accordance with this clause, the Administrator shall allow a State to not participate in the applicable volume of renewable fuel determined under subclause (I) of clause (i), other than the applicable volumes of renewable fuel required under subclauses (II), (III), and (IV) of that clause. ``(III) Reduction.--On the election of a State under subclause (II), the Administrator shall reduce the applicable volume of renewable fuel determined under clause (i)(I) by the percentage that reflects the national gasoline consumption of the non- participating State that is attributable to that State. ``(IV) Credits to hold fuel sales harmless.--On the election of a State under subclause (II), the Administrator shall provide for the generation of credits for all gasoline (regardless of whether the gasoline is blended) provided through a fuel terminal in the State to be calculated as though the gasoline were blended with the maximum allowable ethanol content of gasoline allowed in that State to apply toward the applicable volume of renewable fuel determined under clause (i)(I).''.
Amends the Clean Air Act to revise the renewable fuel program by: (1) requiring the Administrator of the Environmental Protection Agency (EPA) to ensure that transportation fuel sold or introduced into commerce in the United States, on an annual average basis, contains at least the applicable volume of "next generation biofuel" (currently "cellulosic biofuel"); and (2) replacing the term "cellulosic biofuel" with "next generation biofuel." Defines "next generation biofuel" to mean: (1) renewable fuel that is derived from any cellulose, hemicellulose, lignin, or algae that is derived from renewable biomass; or (2) nonethanol renewable fuel that is derived from renewable biomass. Directs the Administrator to allow states that enact a law that elects to not participate in the applicable volume of renewable to not so participate, other than the applicable volumes of renewable fuel required for advanced biofuel, next generation biofuel, and biomass-based diesel.
{"src": "billsum_train", "title": "A bill to amend the Clean Air Act to define next generation biofuel, and to allow States the option of not participating in the corn ethanol portions of the renewable fuel standard due to conflicts with agricultural, economic, energy, and environmental goals."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act'' or the ``CLASSICS Act''. SEC. 2. UNAUTHORIZED DIGITAL PERFORMANCE OF PRE-1972 SOUND RECORDINGS. (a) Amendment.--Title 17, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 14--UNAUTHORIZED DIGITAL PERFORMANCE OF PRE-1972 SOUND RECORDINGS ``Sec. ``1401. Unauthorized digital performance of pre-1972 sound recordings. ``Sec. 1401. Unauthorized digital performance of pre-1972 sound recordings ``(a) Unauthorized Acts.--Anyone who, prior to February 15, 2067, performs publicly by means of digital audio transmission a sound recording fixed before February 15, 1972, without the consent of the rights owner, shall be subject to the remedies provided in sections 502 through 505 to the same extent as an infringer of copyright. ``(b) Certain Unauthorized Transmissions.--Transmissions of sound recordings fixed before February 15, 1972, shall be considered authorized and with the consent of the rights owner for purposes of subsection (a), if-- ``(1) the transmissions are made by a transmitting entity publicly performing sound recordings protected under this title by means of digital audio transmissions subject to section 114; ``(2) the transmissions would satisfy the requirements for statutory licensing under section 114(d)(2) or would be exempt under section 114(d)(1), if the sound recordings were fixed on or after February 15, 1972; ``(3) in the case of transmissions that would not be exempt under section 114(d)(1) as described in paragraph (2), the transmitting entity pays statutory royalties and provides notice of its use of the relevant sound recordings in the same manner as required by regulations adopted by the Copyright Royalty Judges for sound recordings that are protected under this title; and ``(4) in the case of transmissions that would not be exempt under section 114(d)(1) as described in paragraph (2), the transmitting entity otherwise satisfies the requirements for statutory licensing under section 114(f)(4)(B). ``(c) Transmissions by Direct Licensing of Statutory Services.-- ``(1) In general.--A transmission of a sound recording fixed before February 15, 1972, shall be considered authorized and with the consent of the rights owner for purposes of subsection (a) if included in any license agreement voluntarily negotiated at any time between the rights owner and the entity performing the sound recording. ``(2) Payment of royalties to nonprofit agent.--To the extent that such a license extends to transmissions of sound recordings fixed before February 15, 1972, that satisfy the conditions of subsection (b), the licensee shall pay 50 percent of the performance royalties for the transmissions due under the license to the collective designated to distribute receipts from the licensing of transmissions in accordance with section 114(f), with such royalties fully credited as payments due under such license. ``(3) Distribution of royalties by nonprofit agent.--That collective shall distribute the royalties received pursuant to paragraph (2) in accordance with subparagraphs (B) through (D) of section 114(g)(2). Such payments shall be the sole payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the license. ``(4) Rule of construction.--This section does not prohibit any other license from directing the licensee to pay other royalties due to featured and nonfeatured artists for such transmissions to the collective designated to distribute receipts from the licensing of transmissions in accordance with section 114(f). ``(d) Relationship to State Law.-- ``(1) In general.--Nothing in this section shall be construed to annul or limit any rights or remedies under the common law or statutes of any State for sound recordings fixed before February 15, 1972, except, notwithstanding section 301(c), the following: ``(A) This section preempts claims of common law copyright or equivalent rights under the law of any State arising from digital audio transmissions of sound recordings fixed before February 15, 1972, made on and after the effective date of this section. ``(B) This section preempts claims of common law copyright or equivalent rights under the law of any State arising from reproductions of sound recordings fixed before February 15, 1972, made on and after the effective date of this section, for reproductions that would satisfy the requirements for statutory licensing under section 112(e)(1) and (6), if the sound recordings were fixed on or after February 15, 1972. ``(C) This section preempts claims of common law copyright or equivalent rights under the law of any State arising from digital audio transmissions and reproductions of sound recordings fixed before February 15, 1972, made before the effective date of this section, if-- ``(i) the digital audio transmissions and reproductions would have satisfied the requirements for statutory licensing under section 114(d)(2) or been exempt under section 114(d)(1), or would have satisfied the requirements of section 112(e)(1), respectively; and ``(ii) within 270 days after the effective date of this section, except in the case of transmissions that would have been exempt under section 114(d)(1), the transmitting entity pays statutory royalties and provides notice of the use of the relevant sound recordings in the same manner as required by regulations adopted by the Copyright Royalty Judges for sound recordings that are protected under this title for all the digital audio transmissions and reproductions satisfying the requirements for statutory licensing under section 114(d)(2) and section 112(e)(1) during the 3 years prior to the effective date of this section. ``(2) Rule of construction for common law copyright.--For purposes of subparagraphs (A) through (C) of paragraph (1), claims of common law copyright or equivalent rights under the law of any State include claims that characterize conduct subject to such subparagraphs as an unlawful distribution, act of record piracy, or similar violation. ``(3) Rule of construction for public performance rights.-- Nothing in this section shall be construed to recognize or negate the existence of public performance rights in sound recordings under the law of any State. ``(e) Limitations on Remedies.-- ``(1) Fair use; reproduction by libraries and archives.-- The limitations on the exclusive rights of a copyright owner described in sections 107 and 108 shall apply to a claim for unauthorized performance of a sound recording fixed before February 15, 1972, under subsection (a). ``(2) Actions.--The limitations on actions described in section 507 shall apply to a claim for unauthorized performance of a sound recording fixed before February 15, 1972, under subsection (a). ``(3) Material online.--The limitations on liability described in section 512 of this title shall apply to a claim for unauthorized performance of a sound recording fixed before February 15, 1972, under subsection (a). ``(4) Principles of equity.--Principles of equity apply to remedies for a violation of this section to the same extent as such principles apply to remedies for infringement of copyright. ``(f) Application of Section 230 Safe Harbor.--For purposes of section 230 of the Communications Act of 1934 (47 U.S.C. 230), subsection (a) shall be considered `intellectual property laws' under subsection (e)(2) of such section. ``(g) Rights Owner Defined.--In this section, the term `rights owner' means the person who has the exclusive right to reproduce a sound recording under the law of any State.''. (b) Technical and Conforming Amendment.--The table of chapters for title 17, United States Code, is amended by adding at the end the following new chapter: ``14. Unauthorized Digital Performance of Pre-1972 Sound 1401''. Recordings.
Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act or the CLASSICS Act This bill provides federal copyright protection for sound recordings fixed before February 15, 1972, specifically the right to make digital transmissions. Currently, pre-1972 recordings are only covered by state law. Pre-1972 recordings will fall within the existing compulsory license system for digital transmissions, which currently only cover post-1972 recordings. The bill preempts claims under state and common law for digital transmission of pre-1972 recordings.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Relief Act of 2011''. SEC. 2. REPEAL OF EXPANSION OF CERTAIN INFORMATION REPORTING REQUIREMENTS TO CORPORATIONS AND TO PAYMENTS FOR PROPERTY. Section 9006 of the Patient Protection and Affordable Care Act is repealed. Each provision of law amended by such section is amended to read as such provision would read if such section had never been enacted. SEC. 3. SURCHARGE ON HIGH INCOME INDIVIDUALS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--SURCHARGE ON HIGH INCOME INDIVIDUALS ``Sec. 59C. Surcharge on high income individuals. ``SEC. 59C. SURCHARGE ON HIGH INCOME INDIVIDUALS. ``(a) General Rule.--In the case of a taxpayer other than a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 5.4 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $1,000,000. ``(b) Taxpayers Not Making a Joint Return.--In the case of any taxpayer other than a taxpayer making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), subsection (a) shall be applied by substituting for the dollar amount therein (after any increase determined under subsection (d)) a dollar amount equal to-- ``(1) 50 percent of the dollar amount so in effect in the case of a married individual filing a separate return, and ``(2) 80 percent of the dollar amount so in effect in any other case. ``(c) Modified Adjusted Gross Income.--For purposes of this section, the term `modified adjusted gross income' means adjusted gross income reduced by any deduction (not taken into account in determining adjusted gross income) allowed for investment interest (as defined in section 163(d)). In the case of an estate or trust, adjusted gross income shall be determined as provided in section 67(e). ``(d) Inflation Adjustments.-- ``(1) In general.--In the case of taxable years beginning after 2011, the dollar amount in subsection (a) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000. ``(e) Special Rules.-- ``(1) Nonresident alien.--In the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. ``(2) Citizens and residents living abroad.--The dollar amount in effect under subsection (a) (after the application of subsections (b) and (d)) shall be decreased by the excess of-- ``(A) the amounts excluded from the taxpayer's gross income under section 911, over ``(B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A). ``(3) Charitable trusts.--Subsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B). ``(4) Not treated as tax imposed by this chapter for certain purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``part viii. surcharge on high income individuals.''. (c) Section 15 Not To Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. (e) Deficit Reduction.--Revenues received pursuant to the amendments made by this section shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit (determined after taking into account the repeal and amendments made by section 2), such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate).
Small Business Tax Relief Act of 2011 - Repeals the provision of the Patient Protection and Affordable Care Act that extends to corporations that are not tax-exempt the requirement to report payments of $600 or more. Amends the Internal Revenue Code to impose a 5.4% surcharge on individual taxpayers whose modified adjusted gross income exceeds $1 million. Dedicates revenues from such surcharge to federal deficit or debt reduction.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Self-Sufficiency Act''. SEC. 2. AMENDMENTS. Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended by adding at the end the following: ``SEC. 422. DEMONSTRATION PROJECTS IN NATURALLY OCCURRING RETIREMENT COMMUNITIES. ``(a) Program Authorized.--The Assistant Secretary shall award grants to eligible entities to carry out 10 demonstration projects to provide comprehensive supportive services to older individuals who reside in noninstitutional residences in naturally occurring retirement communities to enhance the quality of life of such individuals and reduce the need to institutionalize such individuals. Those residences for which assistance is provided under section 202 of the National Housing Act of 1959 (12 U.S.C. 1701q) in naturally occurring retirement communities shall not receive services through a demonstration project under this section if such services would otherwise be provided as part of the assistance received by such residences under such section 202. ``(b) Eligible Entity.--An entity is eligible to receive a grant under this section if such entity is a nonprofit public or private agency, organization, or institution that proposes to provide services only in geographical areas considered to be low- or middle-income areas. ``(c) Priority.-- ``(1) In general.--In awarding grants under this section, the Assistant Secretary shall give priority to eligible entities that provided comprehensive supportive services in fiscal year 2002 to older individuals who resided in noninstitutional residences in naturally occurring retirement communities. ``(2) Rural areas.--Two of the 10 grants awarded under this section shall be awarded to eligible entities that propose to provide services to residents in rural areas. ``(d) Grant Period.--Each grant awarded under this section shall be awarded for a period of 4 years, with not more than $1,000,000 being awarded annually. ``(e) Application.--An eligible entity desiring a grant under this section shall submit an application to the Assistant Secretary in such form and containing such information as the Assistant Secretary may require, including a plan for continuing services provided under the grant after the grant expires. ``(f) Limitations.-- ``(1) Cost-sharing.--An eligible entity receiving a grant under this section may require cost-sharing from individuals receiving services only in a manner consistent with the requirements of title III. ``(2) Construction.--An entity may not use funds received under a grant under this section to construct or permanently improve (other than remodeling to make facilities accessible to older individuals) any building or other facility. ``(g) Definitions.--In this section: ``(1) Naturally occurring retirement community.--The term `naturally occurring retirement community' means a geographical area in which not less than 40 percent of the noninstitutional residences are occupied for not less than 10 years by heads of households who are older individuals, but does not include residences for which assistance is provided under section 202 of the National Housing Act of 1959 (12 U.S.C. 1701q). The definition provided for in the previous sentence may be modified by the Secretary as such definition relates to grants for rural areas. ``(2) Supportive services.--The term `supportive services' means services offered to residents that may include-- ``(A) case management; ``(B) health services and education; ``(C) nutrition services, nutrition education, meals, and meal delivery; ``(D) transportation services; ``(E) home and personal care services; ``(F) continuing adult education; ``(G) information and referral services; and ``(H) any other services and resources appropriate to enhance the quality of life of residents and reduce the need to institutionalize such individuals. ``(h) Matching Requirement.--The Assistant Secretary may not make a grant to an eligible entity under this section unless that entity agrees that, with respect to the costs to be incurred by the entity in carrying out the program for which the grant was awarded, the entity will make available in cash or in-kind (directly or through donations from public or private entities) non-Federal contributions equaling 5 percent of Federal funds provided under the grant for the second year that such grant is provided, 10 percent of Federal funds provided under the grant for the third year that such grant is provided, and 15 percent of Federal funds provided under the grant for the fourth year that such grant is provided. ``(i) Report.--Not later than the beginning of the fourth year of distributing grants under this section, the Assistant Secretary shall evaluate services provided with funds under this section and submit a report to Congress summarizing the results of such evaluation and recommending what services should be taken in the future. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, not more than $10,000,000 for each of fiscal years 2003 through 2006.''.
Senior Self-Sufficiency Act - Amends Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to award four-year grants of up to $1 million each to eligible entities to carry out ten demonstration projects to provide specified comprehensive supportive services to older individuals in noninstitutional residences in naturally occurring retirement communities to enhance their quality of life and reduce the need to institutionalize them. Limits such grants to geographical areas considered low- or middle-income. Requires two of the grants to be awarded to entities proposing to provide such services to rural residents.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Freedom Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. (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. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. ``(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 50 percent of the qualified charitable contributions of the taxpayer for the taxable year. ``(b) Limitations.-- ``(1) Individuals, etc.--In the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $250 ($500 in the case of a joint return). ``(2) Corporations.--In the case of a corporation, the credit allowed by subsection (a) shall not exceed $50,000. ``(3) Limitation in case of state credit.--Subject to subsection (d)(2), in the case of a taxpayer which claims a credit on a State income tax return for any qualified charitable contribution, the amount of credit under this section shall be the lesser of-- ``(A) the amount which, when added to the amount of the State income tax credit, equals the total amount of the taxpayer's qualified charitable contributions, or ``(B) the limitation amount that applies under paragraph (1) or (2). ``(c) Qualified Charitable Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified charitable contribution' means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions-- ``(A) to an education investment organization, or ``(B) to a public, private, or religious school providing education at the elementary or secondary level. ``(2) Education investment organization.--For purposes of this section-- ``(A) In general.--The term `education investment organization' means any organization described in section 170(c)(2) if the annual disbursements of the organization in the form of grants for qualified elementary and secondary education expenses are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' has the meaning given such term by section 530(b)(4), except that `child' shall be substituted for `beneficiary' and `a child' shall be substituted for `the designated beneficiary of the trust' in clauses (i) and (iii) of subparagraph (A). ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any contribution for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowed by 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 sections 21, 22, 24, 25A, 25B, subpart C, and this section) and under section 1397E. ``(3) Controlled groups.--All persons who are treated as one employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer for purposes of this section. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit for contributions for the benefit of elementary and secondary schools.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. EXCLUSION FROM GROSS INCOME OF GRANTS FROM EDUCATION INVESTMENT ORGANIZATIONS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 117 the following new section: ``SEC. 117A. GRANTS FROM EDUCATION INVESTMENT ORGANIZATIONS. ``(a) General Rule.--Gross income does not include any amount received as a grant for qualified elementary and secondary education expenses from an education investment organization. ``(b) Definitions.--For purposes of this section, the terms `qualified elementary and secondary education expenses' and `education investment organization' have the meanings provided by section 30B.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 117 the following: ``Sec. 117A. Grants from education investment organizations.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2003. SEC. 4. REVISION OF DEFINITION OF SCHOOL FOR PURPOSES OF QUALIFIED ELEMENTARY AND SECONDARY EDUCATION EXPENSES. (a) In General.--Paragraph (4) of section 530(b) of the Internal Revenue Code of 1986 (defining qualified elementary and secondary education expenses) is amended-- (1) in clauses (i) and (ii) of subparagraph (A), by striking ``public, private, or religious'', and (2) in subparagraph (B), by inserting after ``any school'' the following: ``, including a public, private, religious, or home school,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.
Education Freedom Act - Amends the Internal Revenue Code to permit a tax credit for 50 percent of certain cash contributions by a taxpayer to an education investment organization or to an elementary or secondary school. Sets a maximum credit of $50,000 for corporations and $250 for other taxpayers ($500 for a joint return). Provides other limitations on the amount of the credit in certain specified instances.Excludes from gross income any amount received as a grant for qualified elementary and secondary expenses from an education investment organization. Defines "qualified elementary and secondary expenses" and "education investment organization." Revises definition of "school" for purposes of defining qualified elementary and secondary education expenses.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Generating Antibiotic Incentives Now Act of 2010''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Extension of exclusivity period. Sec. 4. Priority review. Sec. 5. Fast track product. Sec. 6. Clinical trials. SEC. 3. EXTENSION OF EXCLUSIVITY PERIOD. (a) In General.--The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505D (21 U.S.C. 355e) the following: ``SEC. 505E. EXTENSION OF EXCLUSIVITY PERIOD FOR NEW QUALIFIED INFECTIOUS DISEASE PRODUCTS. ``(a) Extension.--If, prior to approval or licensure of a drug or biological product pursuant to an application that is submitted under section 505(b) of this Act or section 351(a) of the Public Health Service Act, the Secretary determines that the drug or biological product is a qualified infectious disease product, then the exclusivity period for such qualified infectious disease product is deemed to be extended by 5 years. ``(b) Limited to First Licensure.--Subsection (a) does not apply to the approval or licensure of-- ``(1) a supplement for the qualified infectious disease product; or ``(2) a subsequent application filed by the same sponsor or manufacturer of the qualified infectious disease product (or a licensor, predecessor in interest, or other related entity) for-- ``(A) a change (not including a modification to the structure of the qualified infectious disease product) that results in a new indication, route of administration, dosing schedule, dosage form, delivery system, delivery device, or strength; or ``(B) a modification to the structure of the qualified infectious disease product that does not result in a change in-- ``(i) safety or effectiveness in the case of a drug; or ``(ii) safety, purity, or potency in the case of a biological product. ``(c) Determination.--At the request of any person submitting an application described in subsection (a), the Secretary shall, not later than 30 days after the submission of such request and prior to approval of the application, determine whether the drug or biological product is a qualified infectious disease product. ``(d) Regulations.--The Secretary shall promulgate regulations for carrying out this section. The Secretary shall promulgate the initial regulations for carrying out this section not later than 12 months after such date of enactment. ``(e) Definitions.--In this section: ``(1) Exclusivity period.--The term `exclusivity period' means, with respect to a qualified infectious disease product approved or licensed under section 505 of this Act or section 351 of the Public Health Service Act, the period of time (as extended under section 505A or 527 of this Act or section 351(m) of the Public Health Service Act) during which such section 505 or 351 prohibit the Secretary from making effective the approval of another application under such section 505 or 351 for such product for a person who is not the holder of such approved application or of such approved license. ``(2) Qualified infectious disease product.--The term `qualified infectious disease product' means an antibiotic drug, or a diagnostic test including a point-of-care diagnostic test, for treating, detecting, preventing, or identifying a qualifying pathogen. ``(3) Qualifying pathogen.--The term `qualifying pathogen' means-- ``(A) resistant gram positive pathogens, including methicillin-resistant Staphylococcus aureus (MRSA), vancomycin-resistant Staphylococcus aureus (VRSA), and vancomycin-resistant enterococcus (VRE); ``(B) multi-drug resistant gram negative bacteria, including Acinetobacter, Klebsiella, Pseudomonas, and E. coli species; ``(C) multi-drug resistant tuberculosis; or ``(D) any other infectious pathogen identified for purposes of this section by the Secretary, in concurrence with infectious disease clinicians and appropriate professional associations, as a significant threat to public health because of drug resistance or other factors (or likely to become such a threat).''. (b) Application.--Section 505E of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall apply with respect to any drug or biological product that is first approved or licensed under section 505 of such Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262) on or after the date of the enactment of this Act. SEC. 4. PRIORITY REVIEW. (a) Amendment.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524 (21 U.S.C. 360n) the following: ``SEC. 524A. PRIORITY REVIEW FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS. ``(a) In General.--If the Secretary determines under section 505E that a drug is a qualified infectious disease product, the Secretary shall give priority review to the application for approval or licensure of such product submitted under section 505(b) of this Act or section 351(a) of the Public Health Service Act. ``(b) Definition.--In this section, the term `priority review', with respect to an application described in subsection (b), means review and action by the Secretary on such application not later than 6 months after receipt by the Secretary of such application.''. (b) Application.--Section 524A of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall apply with respect to an application that is submitted under section 505(b) of such Act (21 U.S.C. 355(b)) or section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) on or after the date of the enactment of this Act. SEC. 5. FAST TRACK PRODUCT. Paragraph (1) of section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)) is amended by inserting after ``if it is intended for the treatment of a serious or life-threatening condition and it demonstrates the potential to address unmet medical needs for such a condition'' the following: ``or if the Secretary determines under section 505E that the drug is a qualified infectious disease product''. SEC. 6. CLINICAL TRIALS. (a) Review and Revision of Guidelines.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and not later than 4 years thereafter, the Secretary shall-- (A) review the guidelines of the Food and Drug Administration for the conduct of clinical trials with respect to antibiotic drugs; and (B) as appropriate, revise such guidelines to reflect developments in scientific and medical information and technology and to ensure clarity regarding the procedures and requirements for approval of an antibiotic drug under chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) or section 351 of the Public Health Service Act (42 U.S.C. 262). (2) Issues for review.--At a minimum, the review under paragraph (1) shall address the appropriate animal models of infection, in vitro techniques, valid micro-biological surrogate markers, the use of non-inferiority versus superiority trials, and appropriate delta values for non- inferiority trials. (3) Reports to congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the next 4 years, the Secretary shall submit a report to the Congress on the progress of the review under paragraph (1). (4) Rule of construction.--Except to the extent to which the Secretary of Health and Human Services makes revisions under paragraph (1)(B), nothing in this section shall be construed to repeal or otherwise affect the guidelines of the Food and Drug Administration. (b) Recommendations for Investigations.-- (1) Request.--The sponsor of a drug intended to be used to treat, detect, prevent, or identify a qualifying pathogen may request that the Secretary provide written recommendations for nonclinical and clinical investigations which may be conducted with the drug before-- (A) it may be approved for such use under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); or (B) if the drug is a biological product, it may be licensed for such use under section 351 of the Public Health Service Act. (2) Recommendations.--If the Secretary has reason to believe that a drug for which a request is made under this subsection is a qualified infectious disease product, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for-- (A) approval under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) of such drug for the use described in paragraph (1); or (B) licensing under section 351 of the Public Health Service Act (42 U.S.C. 262) of such drug for such use. (c) Definitions.--In this section: (1) The term ``biological product'' has the meaning given to such term in section 351 of the Public Health Service Act (42 U.S.C. 262). (2) The term ``drug'' has the meaning given to such term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (3) The term ``qualifying pathogen'' has the meaning given such term in section 505E of the Federal Food, Drug, and Cosmetic Act, as added by section 3. (4) The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs.
Generating Antibiotic Incentives Now Act of 2010 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) extend for five years the exclusivity period for the first licensure of a qualified infectious disease product; (2) grant priority review to an application for approval or licensure of a qualified infectious disease product (i.e., review and action on such application not later than six months after receipt); and (3) deem a qualified infectious disease product as a fast track product, for review and approval purposes.  Defines "qualified infectious disease product" as an antibiotic drug, or a diagnostic test including a point-of-care diagnostic test, for treating, detecting, preventing, or identifying a qualifying pathogen.  Requires the Secretary of Health and Human Services (HHS), acting through the Commissioner of Food and Drugs, to review the guidelines of the Food and Drug Administration (FDA) for the conduct of clinical trials for antibiotic drugs and revise such guidelines to reflect developments in medical information and technology.  Allows the sponsor of a drug intended to be used to treat, detect, prevent, or identify a qualifying pathogen, as defined by this Act, to request that the Secretary provide written recommendations for nonclinical and clinical investigations before such drug may be approved for use or licensed.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Innovation Act''. SEC. 2. CAP ADJUSTMENT. (a) In General.--Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C), the following: ``(D) Basic science research.-- ``(i) National science foundation.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the National Science Foundation, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $397,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $831,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $1,275,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $1,765,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $2,290,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $2,867,000,000 in additional new budget authority. ``(ii) Department of energy office of science.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Office of Science of the Department of Energy, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $275,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $566,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $867,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $1,198,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $1,555,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $1,946,000,000 in additional new budget authority. ``(iii) Department of defense science and technology programs.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Department of Defense science and technology programs, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $636,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $1,309,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $2,007,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $2,773,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $3,603,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $4,512,000,000 in additional new budget authority. ``(iv) National institute of standards and technology scientific and technical research and services.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Scientific and Technical Research and Services within the National Institute of Standards and Technology of the Department of Commerce, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $31,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $62,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $96,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $132,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $173,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $216,000,000 in additional new budget authority. ``(v) National aeronautics and space administration science directorate.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Science Mission Directorate of the National Aeronautics and Space Administration, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such program for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $267,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $559,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $876,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $1,222,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $1,598,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $2,006,000,000 in additional new budget authority. ``(vi) Definitions.--As used in this subparagraph: ``(I) Additional new budget authority.--The term `additional new budget authority' means-- ``(aa) with respect to the National Science Foundation, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the National Science Foundation; ``(bb) with respect to the Department of Energy Office of Science, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the Department of Energy Office of Science; ``(cc) with respect to the Department of Defense Science and Technology Programs, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the Department of Defense Science and Technology Programs; ``(dd) with respect to the National Institute of Standards and Technology Scientific and Technical Research Services, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the National Institute of Standards and Technology Scientific and Technical Research Services; and ``(ee) with respect to the National Aeronautics and Space Administration Science Directorate, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the National Aeronautics and Space Administration Science Directorate. ``(II) National science foundation.--The term `National Science Foundation' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Science Foundation. ``(III) Department of energy office of science.--The term `Department of Energy Office of Science' means the appropriations accounts that support the various institutes, offices, and centers that make up the Department of Energy Office of Science. ``(IV) Department of defense science and technology programs.--The term `Department of Defense Science and Technology programs' means the appropriations accounts that support the various institutes, offices, and centers that make up the Department of Defense Science and Technology programs. ``(V) National institute of standards and technology scientific and technical research and services.--The term `National Institute of Standards and Technology Scientific and Technical Research and Services' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Institute of Standards and Technology Scientific and Technical Research and Services. ``(VI) National aeronautics and space administration science directorate.--The term `National Aeronautics and Space Administration Science Directorate' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Aeronautics and Space Administration Science Directorate.''. (b) Funding.--There are hereby authorized to be appropriated-- (1) for the National Science Foundation, the amounts provided for under clause (i) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; (2) for the Department of Energy Office of Sciences, the amounts provided for under clause (ii) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; (3) for the Department of Defense Science and Technology programs, the amounts provided for under clause (iii) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; (4) for the National Institute of Standards and Technology Scientific and Technical Research and Services, the amounts provided for under clause (iv) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; and (5) for the National Aeronautics and Space Administration Science Directorate, the amounts provided for under clause (iv) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year. (c) Minimum Continued Funding Requirement.--Amounts appropriated for each of the programs and agencies described in section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as added by subsection (a)) for each of fiscal years 2016 through 2021, and each subsequent fiscal year, shall not be less than the amounts appropriated for such programs and agencies for fiscal year 2015. (d) Exemption of Certain Appropriations From Sequestration.-- (1) In general.--Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act (2 U.S.C. 905(g)(1)(A)) is amended by inserting after ``Advances to the Unemployment Trust Fund and Other Funds (16-0327-0-1-600).'' the following: ``Appropriations under the American Innovation Act.''. (2) Applicability.--The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.
American Innovation Act This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require certain adjustments to discretionary spending limits in FY2016-FY2021 to accommodate increases in appropriations for agencies that perform basic science research. Adjustments are required for the National Science Foundation, the Department of Energy Office of Science, Department of Defense science and technology programs, National Institute of Standards and Technology Scientific and Technical Research and Services, and the National Aeronautics and Space Administration (NASA) Science Mission Directorate. The bill also requires annual appropriations for each of the programs and agencies referenced in this bill to be at least the amount appropriated in FY2015. The bill exempts appropriations provided pursuant to this bill from sequestration. Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Housing Investment Act of 2012''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) Two principal Federal housing goals are to increase the rate of home ownership and make rental housing affordable for low-income families and individuals. (2) Much more progress has been achieved on the first goal than on the second goal. (3) The Federal Government devotes almost four times the amount of budgetary resources to supporting home ownership than it devotes to making affordable rental housing available. (4) The burden of housing costs is more pronounced among renters than among owners. (5) There is a shortage of nearly 7 million homes affordable to families in the bottom 20 percent of income, meaning that there are only 30 affordable units for every 100 families. (6) Only one in four families that qualify for rental housing assistance receives benefits. (7) Housing assistance waiting lists can be 10 years long and in many communities are closed. (8) Public housing facilities in the United States have more than $26 billion in deferred maintenance after decades of neglect which results in a loss of 10,000 units each year. (9) The low income housing tax credit successfully provides 100,000 units of affordable housing every year. (10) Every tax reform commission has recommended capping the mortgage interest deduction and converting it to a fairer and simpler credit. (11) More than 75 percent of the value of the mortgage interest deduction inures to the benefit of the top 20 percent of earners. (12) Fewer than half of tax filers with a home mortgage claim the mortgage interest deduction. (13) Only 9 percent of rural tax filers claim the mortgage interest deduction. (14) Ninety-six percent of homes sold between 2000 and 2009 sold for less than $500,000. (15) A better approach that provides equitable benefits for families who buy homes, enables more low- and moderate-income homeowners to receive a benefit, and invests in affordable rental housing to assist those who used to be homeless or who have extremely or very low incomes is needed to strengthen families and communities. SEC. 3. REPLACEMENT OF MORTGAGE INTEREST DEDUCTION WITH MORTGAGE INTEREST CREDIT. (a) Nonrefundable Credit.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. INTEREST ON INDEBTEDNESS SECURED BY QUALIFIED RESIDENCE. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the qualified residence interest paid or accrued during the taxable year. ``(b) Qualified Residence Interest.--For purposes of this section-- ``(1) In general.--The term `qualified residence interest' means interest which is paid or accrued during the taxable year on-- ``(A) acquisition indebtedness with respect to any qualified residence of the taxpayer, or ``(B) home equity indebtedness with respect to any qualified residence of the taxpayer. For purposes of the preceding sentence, the determination of whether any property is a qualified residence of the taxpayer shall be made as of the time the interest is accrued. ``(2) Overall limitation.--The aggregate amount of indebtedness taken into account for any period for purposes of this section shall not exceed $500,000 ($250,000 in the case of a married individual filing a separate return). ``(3) Acquisition indebtedness.--The term `acquisition indebtedness' means any indebtedness which-- ``(A) is incurred in acquiring, constructing, or substantially improving any qualified residence of the taxpayer, and ``(B) is secured by such residence. Such term also includes any indebtedness secured by such residence resulting from the refinancing of indebtedness meeting the requirements of the preceding sentence (or this sentence), but only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. ``(4) Home equity indebtedness.-- ``(A) In general.--The term `home equity indebtedness' means any indebtedness (other than acquisition indebtedness) secured by a qualified residence to the extent the aggregate amount of such indebtedness does not exceed-- ``(i) the fair market value of such qualified residence, reduced by ``(ii) the amount of acquisition indebtedness with respect to such residence. ``(B) Limitation.--The aggregate amount treated as home equity indebtedness for any period shall not exceed $100,000 ($50,000 in the case of a married individual filing a separate return). ``(c) Special Rules.--For purposes of this section-- ``(1) Qualified residence.--The term `qualified residence' means-- ``(A) the principal residence (within the meaning of section 121) of the taxpayer, and ``(B) 1 other residence of the taxpayer which is selected by the taxpayer for purposes of this subsection for the taxable year and which is used by the taxpayer as a residence (within the meaning of section 280A(d)(1)). ``(2) Married individuals filing separate returns.--If a married couple does not file a joint return for the taxable year-- ``(A) such couple shall be treated as 1 taxpayer for purposes of paragraph (1), and ``(B) each individual shall be entitled to take into account 1 residence unless both individuals consent in writing to 1 individual taking into account the principal residence and 1 other residence. ``(3) Residence not rented.--For purposes of paragraph (1)(B), notwithstanding section 280A(d)(1), if the taxpayer does not rent a dwelling unit at any time during a taxable year, such unit may be treated as a residence for such taxable year. ``(4) Unenforceable security interests.--Indebtedness shall not fail to be treated as secured by any property solely because, under any applicable State or local homestead or other debtor protection law in effect on August 16, 1986, the security interest is ineffective or the enforceability of the security interest is restricted. ``(5) Special rules for estates and trusts.--For purposes of determining whether any interest paid or accrued by an estate or trust is qualified residence interest, any residence held by such estate or trust shall be treated as a qualified residence of such estate or trust if such estate or trust establishes that such residence is a qualified residence of a beneficiary who has a present interest in such estate or trust or an interest in the residuary of such estate or trust. ``(d) Coordination With Deduction.--In the case of any taxable year beginning in calendar years 2013 through 2017, the taxpayer may elect to apply this section in lieu of the deduction under section 163 for qualified residence interest.''. (b) Phaseout of Deduction.--Section 163(h) of such Code is amended by adding at the end the following new paragraph: ``(5) Phaseout.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2012, the amount otherwise allowable as a deduction by reason of paragraph (2)(D) shall be the applicable percentage of such amount. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ------------------------------------------------------------------------ The applicable ``For taxable years beginning in calendar year: percentage is: ------------------------------------------------------------------------ 2013.................................................... 100% 2014.................................................... 80% 2015.................................................... 60% 2016.................................................... 40% 2017.................................................... 20% 2018 and thereafter..................................... 0%.''. ------------------------------------------------------------------------ (c) Phasedown of Mortgage Limit.--Subparagraph (B) of section 163(h)(3) of such Code is amended by adding at the end the following: ``(iii) Phasedown.-- ``(I) In general.--In the case of any taxable year beginning in calendar years 2013 through 2017, clause (ii) shall be applied by substituting the amounts specified in the table in subclause (II) for `$1,000,000' and `$500,000', respectively. ``(II) Phasedown amounts.--For purposes of subclause (I), the amounts specified in this subclause for a taxable year shall be the amounts specified in the following table: ------------------------------------------------------------------------ Amount Amount ``For taxable years beginning in calendar substituted substituted year: for for $1,000,000: $500,000: ------------------------------------------------------------------------ 2013.......................................... $1,000,000 $500,000 2014.......................................... $900,000 $450,000 2015.......................................... $800,000 $400,000 2016.......................................... $700,000 $350,000 2017.......................................... $600,000 $300,000.'' . ------------------------------------------------------------------------ (d) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 25D the following new item: ``Sec. 25E. Interest on indebtedness secured by qualified residence.''. (e) Effective Date.--The amendments made by this section shall apply with respect to interest paid or accrued after December 31, 2012. SEC. 4. DEDUCTION ALLOWED FOR INTEREST AND TAXES RELATING TO LAND FOR DWELLING PURPOSES OWNED OR LEASED BY COOPERATIVE HOUSING CORPORATIONS. (a) In General.--Subparagraph (B) of section 216(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``or land,'' after ``building,''. (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts paid or accrued after December 31, 2012. SEC. 5. USE OF MORTGAGE INTEREST SAVINGS TO INCREASE LOW-INCOME HOUSING TAX CREDIT. (a) In General.--Subclause (I) of section 42(h)(3)(C)(ii) of the Internal Revenue Code of 1986 is amended by striking ``$1.75 ($1.50 for 2001)'' and inserting ``$2.70''. (b) Inflation Adjustment.--Subparagraph (H) of section 42(h)(3) of such Code is amended to read as follows: ``(H) Cost-of-living adjustment.-- ``(i) In general.--In the case of a calendar year after 2002, the $2,000,000 amount in subparagraph (C) 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 such calendar year by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Per capita amount.--In the case of a calendar year after 2013, the $2.70 amount in subparagraph (C) 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 such calendar year by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. ``(iii) Rounding.-- ``(I) In the case of the $2,000,000 amount, any increase under clause (i) which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000. ``(II) In the case of the $2.70 amount, any increase under clause (ii) which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents.''. (c) Eligible Basis.--Clause (i) of section 42(d)(5)(B) of such Code is amended by striking ``and'' at the end of subclause (I), by striking the period at the end of subclause (II) and inserting ``, and'', and by adding at the end the following: ``(III) in the case of a building containing units which are designated to serve extremely low-income households by the State housing credit agency and require the increase in credit under this subparagraph in order for such building to be financially feasible as part of a qualified low- income housing project, the eligible basis of such building determined by the portion of such units shall be 150 percent of such basis determined without regard to this subparagraph.''. (d) Effective Date.--The amendments made by this section shall apply to allocations made in calendar years beginning after December 31, 2012. SEC. 6. USE OF MORTGAGE INTEREST SAVINGS FOR AFFORDABLE HOUSING PROGRAMS. (a) Use of Savings.--For each year, the Secretary of the Treasury shall determine the amount of revenues accruing to the general fund of the Treasury by reason of the enactment of section 3 of this Act that remain after use of such revenues in accordance with section 5 of this Act and shall credit an amount equal to such remaining revenues as follows: (1) Housing trust fund.--The Secretary shall credit the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) with an amount equal to 60 percent of the amount such remaining revenues. (2) Section 8 rental assistance.--The Secretary shall credit an amount equal to 30 percent of the amount of such remaining revenues to the Secretary of Housing and Urban Development for use only for providing tenant- and project- based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (3) Public housing capital fund.--The Secretary shall credit an amount equal to 10 percent of the amount of such remaining revenues to the Public Housing Capital Fund under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)). (b) Changes to Housing Trust Fund.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall revise the regulations relating to the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) to provide that such section is carried out with the maximum amount of flexibility possible while complying with such section, which shall include revising such regulations-- (1) to increase the limitation on amounts from the Fund that are available for use for operating assistance for housing; (2) to allow public housing agencies and tribally designated housing entities to be recipient of grants amounts from the Fund that are allocated to a State or State designated entity; and (3) eliminate the applicability of rules for the Fund that are based on the HOME Investment Partnerships Act (42 U.S.C. 1721 et seq.).
Common Sense Housing Investment Act of 2012 - Amends the Internal Revenue Code, with respect to the tax deduction for mortgage interest, to: (1) allow, in lieu of such deduction, a tax credit for 20% of mortgage interest paid in a taxable year for the taxpayer's principal residence and one other residence; (2) provide for a phaseout of the tax deduction for mortgage interest between 2013 and 2017; (3) allow a deduction for interest and taxes relating to land for dwelling purposes owned or leased by cooperative housing corporations; and (4) increase the state housing credit ceiling for the low-income housing tax credit. Directs the Secretary of the Treasury to apply the savings from the enactment of this Act to the Housing Trust Fund, for assistance under the Section 8 low-income housing program, and for the Public Housing Capital Fund.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Teaching Health Centers Graduate Medical Education Extension Act of 2017''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The program of payments to teaching health centers for graduate medical education under section 340H of the Public Health Service Act (42 U.S.C. 256h) was enacted in 2010 to address the crisis-level shortage of primary care physicians, especially in rural and medically underserved communities. (2) Teaching health center residents and faculty will provide more than one million primary care medical visits in 2017 to underserved communities. (3) When compared with traditional Medicare GME residents, residents who train at teaching health centers are more likely to practice primary care and remain in underserved or rural communities. (4) The teaching health center program not only plays a vital role in training the Nation's next generation of primary care physicians (including dentists), but helps bridge the Nation's physician shortfall. (5) For these reasons, it is of vital importance to continue the program under section 340H of the Public Health Service Act (42 U.S.C. 256h) at a sustainable level of funding per full-time equivalent resident, as recommended in the fact sheet of the Health Resources and Services Administration entitled ``Cost Estimates for Training Residents in a Teaching Health Center''. SEC. 3. REAUTHORIZATION OF PROGRAM OF PAYMENTS TO TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS. (a) Payments.--Subsection (a) of section 340H of the Public Health Service Act (42 U.S.C. 256h) is amended to read as follows: ``(a) Payments.-- ``(1) In general.--Subject to subsection (h)(2), the Secretary shall make payments under this section for direct expenses and indirect expenses to qualified teaching health centers that are listed as sponsoring institutions by the relevant accrediting body for-- ``(A) maintenance of existing approved graduate medical residency training programs; ``(B) expansion of existing approved graduate medical residency training programs; and ``(C) establishment of new approved graduate medical residency training programs. ``(2) New programs.-- ``(A) Payments.--The Secretary shall make payments under paragraph (1)(C)-- ``(i) for fiscal year 2019, for a total of up to 60 full-time equivalent residents at new approved graduate medical residency programs; and ``(ii) for fiscal year 2020, for a total of up to 120 full-time equivalent residents at the new approved graduate medical residency programs that received payments pursuant to clause (i). ``(B) Priority.--Subject to subparagraph (C), in making payments pursuant to paragraph (1)(C), the Secretary shall give priority to qualified teaching health centers that-- ``(i) serve a health professional shortage area with a designation in effect under section 332 or a medically underserved community (as defined in section 799B); or ``(ii) are located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act). ``(C) Limitation.--The number of full-time equivalent residents for which a qualified teaching health center receives payments pursuant to paragraph (1)(C) for a fiscal year shall not exceed by more than six the number of full-time equivalent residents for which the center received such payments for the preceding fiscal year.''. (b) Funding.--Subsection (g) of the first section 340H of the Public Health Service Act (42 U.S.C. 256h) is amended to read as follows: ``(g) Funding.-- ``(1) Existing programs.--Out of any money in the Treasury not otherwise appropriated, there are appropriated for payments under subparagraphs (A) and (B) of subsection (a)(1) $116,500,000 for each of fiscal years 2018, 2019, and 2020, to remain available until expended. ``(2) Incentive for new programs.--Out of any money in the Treasury not otherwise appropriated, there are appropriated for payments under subsection (a)(1)(C), $10,000,000 for fiscal year 2019 and $19,000,000 for fiscal year 2020, to remain available until expended. ``(3) Administrative expenses.--Of the amount made available to carry out this section for any fiscal year, the Secretary may not use more than 5 percent of such amount for the expenses of administering this section.''. (c) Annual Reporting.--Paragraph (1) of subsection (h) of the first section 340H of the Public Health Service Act (42 U.S.C. 256h) is amended-- (1) by redesignating subparagraph (D) as subparagraph (H); and (2) by inserting after subparagraph (C) the following: ``(D) The number of patients treated by residents described in paragraph (4). ``(E) The number of visits by patients treated by residents described in paragraph (4). ``(F) Of the number of residents described in paragraph (4) who completed their residency training at the end of such residency academic year, the number and percentage of such residents entering primary care practice (meaning any of the areas of practice listed in the definition of a primary care residency program in section 749A). ``(G) Of the number of residents described in paragraph (4) who completed their residency training at the end of such residency academic year, the number and percentage of such residents who entered practice at a health care facility-- ``(i) primarily serving a health professional shortage area with a designation in effect under section 332 or a medically underserved community (as defined in section 799B); or ``(ii) located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act).''. (d) Report on Training Costs.--Not later than March 31, 2020, the Secretary of Health and Human Services shall submit to the Congress a report on the direct graduate expenses of approved graduate medical residency training programs, and the indirect expenses associated with the additional costs of teaching residents, of qualified teaching health centers (as such terms are used or defined in section 340H of the Public Health Service Act (42 U.S.C. 256h)). (e) Definition.--Subsection (j) of the first section 340H of the Public Health Service Act (42 U.S.C. 256h) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) New approved graduate medical residency training program.--The term `new approved graduate medical residency training program' means an approved graduate medical residency training program for which the sponsoring qualified teaching health center has not received a payment under this section for a previous fiscal year (other than pursuant to subsection (a)(1)(C)).''. (f) Technical Corrections.--Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended-- (1) in subsection (f) of the first section 340H (42 U.S.C. 256h), by striking ``hospital'' each place it appears and inserting ``teaching health center''; (2) by redesignating the second subpart XI (relating to a community-based collaborative care network program) as subpart XII; and (3) by redesignating the second section 340H (42 U.S.C. 256i) as section 340I. (g) Payments for Previous Fiscal Years.--The provisions of the first section 340H of the Public Health Service Act (42 U.S.C. 256h), as in effect on the day before the date of enactment of this Act, shall continue to apply with respect to payments under such section for fiscal years before fiscal year 2018.
Teaching Health Centers Graduate Medical Education Extension Act of 2017 This bill amends the Public Health Service Act to extend and expand funding through FY2020 for graduate medical education programs at teaching centers (which train medical residents in primary care specialties). The bill allows funds to be used for maintaining, expanding, and establishing graduate medical residency programs.
{"src": "billsum_train", "title": "Teaching Health Centers Graduate Medical Education Extension Act of 2017"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Vision Rehabilitation Services Act of 2002''. SEC. 2. IMPROVEMENT OF OUTPATIENT VISION SERVICES UNDER PART B. (a) Coverage Under Part B.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) vision rehabilitation services (as defined in subsection (ww)(1));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Vision Rehabilitation Services: Vision Rehabilitation Professional ``(ww)(1)(A) The term `vision rehabilitation services' means rehabilitative services (as determined by the Secretary in regulations) furnished-- ``(i) to an individual diagnosed with a vision impairment (as defined in paragraph (6)), ``(ii) pursuant to a plan of care established by a qualified physician (as defined in subparagraph (C)), or by a qualified occupational therapist, and is periodically reviewed by the qualified physician, ``(iii) in an appropriate setting (including the home of the individual receiving such services if specified in the plan of care), and ``(iv) by any of the following individuals: ``(I) A qualified physician. ``(II) A qualified occupational therapist. ``(III) A vision rehabilitation professional (as defined in paragraph (2)) while under the general supervision (as defined in subparagraph (D)) of a qualified physician. ``(B) In the case of vision rehabilitation services furnished by a vision rehabilitation professional, the plan of care may only be established and reviewed by a qualified physician. ``(C) The term `qualified physician' means-- ``(i) a physician (as defined in subsection (r)(1)) who is an ophthalmologist; or ``(ii) a physician (as defined in subsection (r)(4) (relating to a doctor of optometry)). ``(D) The term `general supervision' means, with respect to a vision rehabilitation professional, overall direction and control of that professional by the qualified physician who established the plan of care for the individual, but the presence of the qualified physician is not required during the furnishing of vision rehabilitation services by that professional to the individual. ``(2) The term `vision rehabilitation professional' means any of the following individuals: ``(A) An orientation and mobility specialist (as defined in paragraph (3)). ``(B) A rehabilitation teacher (as defined in paragraph (4)). ``(C) A low vision therapist (as defined in paragraph (5)). ``(3) The term `orientation and mobility specialist' means an individual who-- ``(A) if a State requires licensure or certification of orientation and mobility specialists, is licensed or certified by that State as an orientation and mobility specialist; ``(B)(i) holds a baccalaureate or higher degree from an accredited college or university in the United States (or an equivalent foreign degree) with a concentration in orientation and mobility; and ``(ii) has successfully completed 350 hours of clinical practicum under the supervision of an orientation and mobility specialist and has furnished not less than 9 months of supervised full-time orientation and mobility services; ``(C) has successfully completed the national examination in orientation and mobility administered by the Academy for Certification of Vision Rehabilitation and Education Professionals; and ``(D) meets such other criteria as the Secretary establishes. ``(4) The term `rehabilitation teacher' means an individual who-- ``(A) if a State requires licensure or certification of rehabilitation teachers, is licensed or certified by the State as a rehabilitation teacher; ``(B)(i) holds a baccalaureate or higher degree from an accredited college or university in the United States (or an equivalent foreign degree) with a concentration in rehabilitation teaching, or holds such a degree in a health field; and ``(ii) has successfully completed 350 hours of clinical practicum under the supervision of a rehabilitation teacher and has furnished not less than 9 months of supervised full-time rehabilitation teaching services; ``(C) has successfully completed the national examination in rehabilitation teaching administered by the Academy for Certification of Vision Rehabilitation and Education Professionals; and ``(D) meets such other criteria as the Secretary establishes. ``(5) The term `low vision therapist' means an individual who-- ``(A) if a State requires licensure or certification of low vision therapists, is licensed or certified by the State as a low vision therapist; ``(B)(i) holds a baccalaureate or higher degree from an accredited college or university in the United States (or an equivalent foreign degree) with a concentration in low vision therapy, or holds such a degree in a health field; and ``(ii) has successfully completed 350 hours of clinical practicum under the supervision of a physician, and has furnished not less than 9 months of supervised full-time low vision therapy services; ``(C) has successfully completed the national examination in low vision therapy administered by the Academy for Certification of Vision Rehabilitation and Education Professionals; and ``(D) meets such other criteria as the Secretary establishes. ``(6) The term `vision impairment' means vision loss that constitutes a significant limitation of visual capability resulting from disease, trauma, or a congenital or degenerative condition that cannot be corrected by conventional means, including refractive correction, medication, or surgery, and that is manifested by one or more of the following: ``(A) Best corrected visual acuity of less than 20/60, or significant central field defect. ``(B) Significant peripheral field defect including homonymous or heteronymous bilateral visual field defect or generalized contraction or constriction of field. ``(C) Reduced peak contrast sensitivity in conjunction with a condition described in subparagraph (A) or (B). ``(D) Such other diagnoses, indications, or other manifestations as the Secretary may determine to be appropriate.''. (c) Payment Under Part B.-- (1) Physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(W),'' after ``(2)(S),''. (2) Carve out from hospital outpatient department prospective payment system.--Section 1833(t)(1)(B)(iv) of such Act (42 U.S.C. 1395l(t)(1)(B)(iv)), as redesignated by section 201(e)(1)(B) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (as enacted into law by section 1000(a)(6) of Public Law 106-113), is amended by inserting ``vision rehabilitation services (as defined in section 1861(ww)(1)), or'' after ``does not include''. (3) Clarification of billing requirements.--The first sentence of section 1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(G)''; and (B) by inserting before the period the following: ``, and (H) in the case of vision rehabilitation services (as defined in section 1861(ww)(1)) furnished by a vision rehabilitation professional (as defined in section 1861(ww)(2)) while under the general supervision (as defined in section 1861(ww)(1)(D)) of a qualified physician (as defined in section 1861(ww)(1)(C)), payment shall be made to (i) the qualified physician or (ii) the facility (such as a rehabilitation agency, a clinic, or other facility) through which such services are furnished under the plan of care if there is a contractual arrangement between the vision rehabilitation professional and the facility under which the facility submits the bill for such services''. (d) Plan of Care.--Section 1835(a)(2) of the Social Security Act (42 U.S.C. 1395n(a)(2)) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; (2) in subparagraph (F), by striking the period and inserting ``; and''; and (3) by inserting after subparagraph (F) the following new subparagraph: ``(G) in the case of vision rehabilitation services, that (i) such services are or were required because the individual needed vision rehabilitation services, (ii) an individualized, written plan for furnishing such services has been established (I) by a qualified physician (as defined in section 1861(ww)(1)(C)), (II) by a qualified occupational therapist, or (III) in the case of such services furnished by a vision rehabilitation professional, by a qualified physician, (iii) the plan is periodically reviewed by the qualified physician, and (iv) such services are or were furnished while the individual is or was under the care of the qualified physician.''. (e) Relationship to Rehabilitation Act of 1973.--The provision of vision rehabilitation services under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) shall not be taken into account for any purpose under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (f) Effective Date.-- (1) Interim, final regulations.--The Secretary of Health and Human Services shall publish a rule under this section in the Federal Register by not later than 180 days after the date of the enactment of this section to carry out the provisions of this section. Such rule shall be effective and final immediately on an interim basis, but is subject to change and revision after public notice and opportunity for a period (of not less than 60 days) for public comment. (2) Consultation.--The Secretary of Health and human Services shall consult with the National Vision Rehabilitation Cooperative, the Association for Education and Rehabilitation of the Blind and Visually Impaired, the Academy for Certification of Vision Rehabilitation and Education Professionals, the American Academy of Ophthalmology, the American Occupational Therapy Association, the American Optometric Association, and such other qualified professional and consumer organizations as the Secretary determines appropriate in promulgating regulations to carry out this Act.
Medicare Vision Rehabilitation Services Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for coverage of outpatient vision rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program.
{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve outpatient vision services under part B of the medicare program."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pecos National Historical Park Land Exchange Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the approximately 160 acres of Federal land within the Santa Fe National Forest in the State, as depicted on the map. (2) Landowner.--The term ``landowner'' means the 1 or more owners of the non-Federal land. (3) Map.--The term ``map'' means the map entitled ``Proposed Land Exchange for Pecos National Historical Park'', numbered 430/80,054, dated November 19, 1999, and revised September 18, 2000. (4) Non-federal land.--The term ``non-Federal land'' means the approximately 154 acres of non-Federal land in the Park, as depicted on the map. (5) Park.--The term ``Park'' means the Pecos National Historical Park in the State. (6) Secretaries.--The term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture, acting jointly. (7) State.--The term ``State'' means the State of New Mexico. SEC. 3. LAND EXCHANGE. (a) In General.--On conveyance by the landowner to the Secretary of the Interior of the non-Federal land, title to which is acceptable to the Secretary of the Interior-- (1) the Secretary of Agriculture shall, subject to the conditions of this Act, convey to the landowner the Federal land; and (2) the Secretary of the Interior shall, subject to the conditions of this Act, grant to the landowner the easement described in subsection (b). (b) Easement.-- (1) In general.--The easement referred to in subsection (a)(2) is an easement (including an easement for service access) for water pipelines to 2 well sites located in the Park, as generally depicted on the map. (2) Route.--The Secretary of the Interior, in consultation with the landowner, shall determine the appropriate route of the easement through the Park. (3) Terms and conditions.--The easement shall include such terms and conditions relating to the use of, and access to, the well sites and pipeline, as the Secretary of the Interior, in consultation with the landowner, determines to be appropriate. (4) Applicable law.--The easement shall be established, operated, and maintained in compliance with applicable Federal law. (c) Valuation, Appraisals, and Equalization.-- (1) In general.--The value of the Federal land and non- Federal land-- (A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or (B) if the value is not equal, shall be equalized in accordance with paragraph (3). (2) Appraisals.-- (A) In general.--The Federal land and non-Federal land shall be appraised by an independent appraiser selected by the Secretaries. (B) Requirements.--An appraisal conducted under subparagraph (A) shall be conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisition; and (ii) the Uniform Standards of Professional Appraisal Practice. (C) Approval.--The appraisals conducted under this paragraph shall be submitted to the Secretaries for approval. (3) Equalization of values.-- (A) In general.--If the values of the non-Federal land and the Federal land are not equal, the values may be equalized by-- (i) the Secretary of the Interior making a cash equalization payment to the landowner; (ii) the landowner making a cash equalization payment to the Secretary of Agriculture; or (iii) reducing the acreage of the non- Federal land or the Federal land, as appropriate. (B) Cash equalization payments.--Any amounts received by the Secretary of Agriculture as a cash equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)) shall-- (i) be deposited in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and (ii) be available for expenditure, without further appropriation, for the acquisition of land and interests in land in the State. (d) Costs.--Before the completion of the exchange under this section, the Secretaries and the landowner shall enter into an agreement that allocates the costs of the exchange among the Secretaries and the landowner. (e) Applicable Law.--Except as otherwise provided in this Act, the exchange of land and interests in land under this Act shall be in accordance with-- (1) section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); and (2) other applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (f) Additional Terms and Conditions.--The Secretaries may require, in addition to any requirements under this Act, such terms and conditions relating to the exchange of Federal land and non-Federal land and the granting of easements under this Act as the Secretaries determine to be appropriate to protect the interests of the United States. (g) Completion of the Exchange.-- (1) In general.--The exchange of Federal land and non- Federal land shall be completed not later than 180 days after the later of-- (A) the date on which the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met; (B) the date on which the Secretary of the Interior approves the appraisals under subsection (c)(2)(C); or (C) the date on which the Secretaries and the landowner agree on the costs of the exchange and any other terms and conditions of the exchange under this section. (2) Notice.--The Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives notice of the completion of the exchange of Federal land and non-Federal land under this Act. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary of the Interior shall administer the non-Federal land acquired under this Act in accordance with the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the ``National Park Service Organic Act'') (16 U.S.C. 1 et seq.). (b) Maps.-- (1) In general.--The map shall be on file and available for public inspection in the appropriate offices of the Secretaries. (2) Transmittal of revised map to congress.--Not later than 180 days after completion of the exchange, the Secretaries shall transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a revised map that depicts-- (A) the Federal land and non-Federal land exchanged under this Act; and (B) the easement described in section 3(b). Passed the Senate October 10, 2004. Attest: EMILY J. REYNOLDS, Secretary.
Pecos National Historical Park Land Exchange Act of 2004 - Directs the Secretary of the Interior to accept certain non-Federal land in the State of New Mexico for addition to the Pecos National Historical Park (Park). Directs the Secretary of Agriculture to convey certain Federal land in the Santa Fe National Forest to private landowners. Directs the Secretary of the Interior to grant the private landowners an easement for water pipelines to two well sites located in the Park. Authorizes the Secretary of Agriculture and the Secretary of the Interior (Secretaries) to require terms and conditions relating to the exchange of Federal and non-Federal lands and the granting of easements that protect the interests of the United States. Sets a deadline for the completion of land exchanges under this Act and requires the Secretaries to report to Congress on the completion of such exchanges. Provides for the administration of lands exchanged under this Act. Directs the Secretaries to transmit to Congress a revised map that depicts the lands exchanged and the easement granted under this Act
{"src": "billsum_train", "title": "A bill to provide for the exchange of certain Federal land in the Santa Fe National Forest and certain non-Federal land in the Pecos National Historical Park in the State of New Mexico."}
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SECTION 1. NATIONAL OILHEAT RESEARCH ALLIANCE ACT OF 2000. (a) Findings.--Section 702 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''. (b) Definitions.--Section 703 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears (other than paragraph (10)) and inserting ``oilheat fuel''; (2) by striking paragraph (7) and inserting the following: ``(7) Oilheat fuel.--The term `oilheat fuel' means distillate liquid that is used as a fuel for nonindustrial commercial or residential space or hot water heating.''; (3) in paragraph (8), by striking ``Oilheat'' and inserting ``Oilheat fuel''; (4) in paragraph (14)-- (A) by striking ``No. 1 distillate or No. 2 dyed distillate'' each place it appears and inserting ``distillate liquid''; and (B) in subparagraph (B), by striking ``sells the distillate'' and inserting ``sells the distillate liquid''; (5) by redesignating paragraphs (3) through (13) and (14) as paragraphs (4) through (14) and (16), respectively, and moving paragraph (16) (as so redesignated) to appear after paragraph (15); and (6) by inserting after paragraph (2) the following: ``(3) Distillate liquid.--The term `distillate liquid' means-- ``(A) No. 1 distillate; ``(B) No. 2 dyed distillate; or ``(C) a liquid blended with No. 1 distillate or No. 2 dyed distillate.''. (c) Referenda.--Section 704 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) by striking ``No. 1 distillate and No. 2 dyed distillate'' each place it appears in subsections (a) and (c) and inserting ``distillate liquid''; (3) in subsection (a)-- (A) in paragraph (5)(B), by striking ``Except as provided in subsection (b), the'' and inserting ``The''; and (B) in paragraph (6), by striking ``, No. 1 distillate, or No. 2 dyed distillate'' and inserting ``or distillate liquid''; and (4) in subsection (b), by striking ``under'' and inserting ``consistent with''. (d) Membership.--Section 705 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) in subsection (b)(2), by striking ``No. 1 distillate and No. 2 dyed distillate'' and inserting ``distillate liquid''; and (3) by striking subsection (c) and inserting the following: ``(c) Number of Members.-- ``(1) In general.--The membership of the Alliance shall be as follows: ``(A) 1 member representing each State participating in the Alliance. ``(B) 5 representatives of retail marketers, of whom 1 shall be selected by each of the qualified State associations of the 5 States with the highest volume of annual oilheat fuel sales. ``(C) 5 additional representatives of retail marketers. ``(D) 21 representatives of wholesale distributors. ``(E) 6 public members, who shall be representatives of significant users of oilheat fuel, the oilheat fuel research community, State energy officials, or other groups with expertise in oilheat fuel. ``(2) Full-time owners or employees.-- ``(A) In general.--Except as provided in subparagraph (B), other than the public members of the Alliance, Alliance members shall be full-time managerial owners or employees of members of the oilheat fuel industry. ``(B) Employees.--Members described in subparagraphs (B), (C), and (D) of paragraph (1) may be employees of the qualified industry organization or an industry trade association.''. (e) Functions.--Section 706 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''. (f) Assessments.--Section 707 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) by striking subsection (a) and inserting the following: ``(a) Rate.-- ``(1) In general.--The assessment rate for calendar years 2008 and 2009 shall be equal to \2/10\ of 1 cent per gallon of distillate liquid. ``(2) Subsequent assessments.--Subject to paragraphs (3) and (4), beginning with calendar year 2010, the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the Alliance. ``(3) Maximum rate.--The annual assessment rate shall not exceed \1/2\ of 1 cent per gallon of distillate liquid. ``(4) Limitations on increase.-- ``(A) In general.--The annual assessment shall not be increased by more than \1/2\ of 1 cent per gallon in any 1 year. ``(B) Approval.--No increase in the assessment may occur unless the increase is approved by \2/3\ of the members voting at a regularly scheduled meeting of the Alliance. ``(C) Notice.--The Alliance shall provide notice of a change in assessment at least 90 days before the date on which the change is to take effect.''; (3) in subsection (b)-- (A) by striking ``No. 1 distillate or No. 2 dyed distillate'' each place it appears and inserting ``distillate liquid''; and (B) in paragraphs (2)(B) and (5)(B), by striking ``fuel'' each place it appears and inserting ``distillate liquid''; and (4) in subsection (c), by striking ``No. 1 distillate and No. 2 dyed distillate'' and inserting ``Distillate liquid''. (g) Market Survey and Consumer Protection.--Section 708 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''. (h) Violations.--Section 712(a) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) in paragraph (2), by striking ``oilheat'' and inserting ``oilheat fuel''; and (2) by striking paragraph (3) and inserting the following: ``(3) a direct reference to a competing product.''. (i) Repeal of Sunset.--Section 713 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is repealed.
Amends the National Oilheat Research Alliance Act of 2000 to adjust its focus upon oilheat to a focus upon oilheat fuel. Defines "oilheat fuel" as distillate liquid used as a fuel for nonindustrial commercial or residential space or hot water heating. Makes technical and conforming amendments. Revises the membership of the National Oilheat Research Alliance. Provides that, other than the public members of the Alliance, members shall be full-time managerial owners or employees of members of the oilheat fuel industry. Revises assessment requirements. States that the assessment rate for calendar years 2008 and 2009 shall be equal to two-tenths of 1% per gallon of distillate liquid (currently, No. 1 distillate and No. 2 dyed distillate). Declares that, beginning with calendar year 2010, the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the Alliance. Sets forth: (1) a maximum assessment rate; and (2) limitations on any assessment increase. Prohibits any consumer education activity undertaken with funds derived from Alliance assessments from including a direct reference to a competing product. Repeals the termination date for the Act (thus making it permanent).
{"src": "billsum_train", "title": "A bill to reauthorize the National Oilheat Reliance Alliance Act of 2000, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Karst Conservation Act of 2001''. SEC. 2. FINDINGS, PURPOSES, AND DEFINITIONS. (a) Findings.--Congress finds the following: (1) The Karst Region of Puerto Rico is a unique geological formation that is critical to the maintenance of aquifers and watersheds which constitute a principal water supply for much of Puerto Rico. (2) The Karst Region is threatened by development, which, if unchecked, could permanently damage aquifers supplying fresh water and cause irreparable damage to natural and environmental assets that are unique to the United States and Puerto Rico. (3) Puerto Rico has one of the highest population densities in the United States, which further makes the protection of the Karst Region an imperative for the maintenance of the public health and welfare of the citizens of Puerto Rico. (4) The Karst Region possesses extraordinary ecological diversity, including the habitats of several endangered and threatened species and tropical migrants and is, therefore, an area of critical value to research in tropical forest management. (5) Coordinated efforts at land protection by the Federal Government and the Commonwealth of Puerto Rico will be necessary to conserve the environmentally critical Karst Region. (b) Purposes.--The purposes of this Act are to authorize the Secretary of Agriculture, in cooperation with the Commonwealth of Puerto Rico, to undertake a program of land conservation, acquisition, and research to protect and manage the geological and ecological values of the Karst Region, with particular emphasis on the maintenance of biodiversity within a tropical forest ecosystem and protection of the aquifers which are vital to the health and well being of the citizens of Puerto Rico. (c) Definitions.--In this Act: (1) Karst region.--The term ``Karst Region'' means those areas in the Commonwealth of Puerto Rico generally depicted on the map entitled ``Karst Region Conservation Area'' and dated March 2001. The map shall be on file and available for public inspection in the Office of the Secretary, Puerto Rico Department of Natural and Environmental Resources, and the Office of the Chief of the Forest Service. (2) Land.--The term ``land'' includes lands, waters, and interests in lands and waters. (3) Fund.--The term ``Fund'' means the Puerto Rico Karst Conservation Fund'' established by section 4. (4) Forest legacy program.--The term ``Forest Legacy Program'' means the program established pursuant to section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. KARST REGION CONSERVATION ACTIVITIES. (a) Land Acquisition.-- (1) Authorization.--In furtherance of the purposes of this Act, the Secretary may acquire land in the Karst Region or immediately adjacent to the Karst Region. (2) Willing sellers.--All acquisitions of land by the Secretary on behalf of the United States under paragraph (1) shall be for fair market value on a willing seller basis. (3) Funding Source.--The Secretary may carry out land acquisition activities under paragraph (1) using amounts in the Fund, amounts appropriated for the Forest Legacy Program, amounts in the Land and Water Conservation Fund, and any other moneys made available for such purpose. (b) Management.--The Secretary shall manage land acquired under subsection (a) pursuant to this Act, the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 620 et seq.), and the laws and regulations applicable to the National Forest System. (c) Cooperative Approach.--The Secretary may make grants to and enter into contracts and cooperative agreements with the Commonwealth of Puerto Rico, other Federal agencies, organizations, and corporations for the acquisition, protection, and management of Federal and non- Federal land in the Karst Region. (d) Relation to Other Authorities.--Nothing in this Act shall diminish any other authority that the Secretary may have to acquire, protect, and manage natural resources in Puerto Rico. SEC. 4. PUERTO RICO KARST CONSERVATION FUND. (a) Establishment.--There is hereby established on the books of the Treasury an interest bearing account to be known as the ``Puerto Rico Karst Conservation Fund''. (b) Credits to Funds.--There shall be credited to the Fund the following: (1) Amounts authorized for and appropriated to the Fund. (2) All moneys generated from the Caribbean National Forest, except the following: (A) Amounts required to be paid to the Commonwealth of Puerto Rico pursuant to the sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May 23, 1908, or section 13 of the Act of March 1, 1911 (16 U.S.C. 500). (B) Amounts required to be retained for the construction and maintenance of roads and trails pursuant to the fourteenth paragraph under the heading ``FOREST SERVICE'' in the Act of March 4, 1913 (16 U.S.C. 501). (C) Amounts collected under the Recreation Fee Demonstration Program authorized pursuant to section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104-134; 16 U.S.C. 460l-6a note). (3) All moneys received by the Administrator of General Services from the disposal of surplus real property in Puerto Rico pursuant to the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (4) Interest derived from amounts in the Fund and any other moneys donated for deposit in the Fund. (c) Use of Fund.--Amounts in the Fund shall be available to the Secretary until expended, without further appropriation, for the purchase of land in the Karst Region and related acquisition management expenses as authorized by section 3. SEC. 5. MISCELLANEOUS PROVISIONS. (a) Donations.--The Secretary may accept for deposit in the Fund donations made by public and private agencies, corporations, organizations, and individuals in furtherance of the purposes of this Act. The Secretary may accept such donations even though the donor conducts business with or is regulated by the Department of Agriculture or any other department or agency of the United States. (b) Relation to Forest Legacy Program.-- (1) In general.--All lands in the Karst Region shall be eligible for inclusion in the Forest Legacy Program. (2) Cost sharing.--The Secretary may credit donations made under subsection (a) to satisfy any cost sharing requirements of the Forest Legacy Program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $100,000,000 to be credited to the Fund.
Puerto Rico Karst Conservation Act of 2001 - Authorizes the Secretary of Agriculture to acquire land in or immediately adjacent to the Karst Region of Puerto Rico for the purpose of protecting and managing the geological and ecological values of the region, with particular emphasis on the maintenance of biodiversity within a tropical forest ecosystem and protection of the aquifers. Authorizes the Secretary to: (1) carry out such land acquisition using amounts in the Puerto Rico Karst Conservation Fund established by this Act, amounts appropriated for the Forest Legacy Program, and amounts in the Land and Water Conservation Fund; and (2) make grants to and enter into contracts and cooperative agreements with the Commonwealth of Puerto Rico, other Federal agencies, organizations, and corporations for the acquisition, protection, and management of Federal and non-Federal land in such region.Makes all lands in such region eligible for inclusion in the Forest Legacy Program.
{"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to acquire and manage lands in the Commonwealth of Puerto Rico to provide for the protection of critical aquifers and watersheds that serve as a principal water supply for Puerto Rico, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Parents and Teachers for a Drug-Free Education Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Fifty-four percent of high school seniors in 2001 had used an illicit drug in their lifetime. (2) Forty-two percent of 12th graders, 37 percent of 10th graders, and 20 percent of 8th graders in 2001 had used an illicit drug in the past year. (3) Eighty percent of 12th graders, 70 percent of 10th graders, and 51 percent of 8th graders in 2001 had used alcohol in their lifetime. (4) Sixty-four percent of 12th graders, 48 percent of 10th graders, and 23 percent of 8th graders in 2001 had been intoxicated. (5) Use of 3,4-methylenedioxy methamphetamine (commonly referred to as ``MDMA'' or ``ecstasy'') by 12th graders increased from 6 percent in 1998 to 11.7 percent in 2001. (6) Schoolchildren who use and abuse addictive illicit drugs or alcohol increase the risk to the health and safety of all students and impact the learning environment of the school because-- (A) use of illicit drugs or alcohol can lead to serious health effects, the development of life- threatening diseases, and even death; (B) use of illicit drugs like marijuana or ecstasy kills brain cells in the learning centers of the brain, directly impacting a student's ability to learn in school; (C) chemicals left in the central nervous system after using marijuana cause the brain to be irritated and uncontrollable, resulting in disruptive behavior in the classroom; (D) students who smoke cigarettes or use other illicit drugs have been shown to have less desire to learn, resulting in lower grade point averages when compared to other students; and (E) students who use illicit drugs or alcohol have a higher rate of breaking school rules. SEC. 3. DRUG-FREE SCHOOL DEMONSTRATION PROGRAMS. (a) Demonstration Programs.--Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.; also known as the ``Safe and Drug-Free Schools and Communities Act'') is amended-- (1) by redesignating subpart 4 as subpart 5; and (2) by inserting after subpart 3 the following: ``Subpart 4--Drug-Free School Demonstration Programs ``SEC. 4145. DRUG-FREE SCHOOL DEMONSTRATION PROGRAMS. ``(a) Grants.--The Secretary may make grants to local educational agencies and private schools to establish drug-free school demonstration programs described in subsection (b). ``(b) Requirements.--A grant may be made under subsection (a) only if the local educational agency or private school involved agrees to use the funds received under the grant to establish a drug-free school demonstration program that-- ``(1) includes, consistent with the fourth amendment to the Constitution of the United States, random drug testing of students; ``(2) requires that any such testing be conducted using only drug tests approved by the Food and Drug Administration; ``(3) requires that any analysis of such testing be conducted by a drug-testing laboratory certified by the Substance Abuse and Mental Health Services Administration, or approved by the College of American Pathologists, for forensic drug testing; ``(4) requires a review of each positive test result by a medical review officer; ``(5) prohibits any disclosure to law enforcement officials of the results of the random drug testing; ``(6) requires that drug-testing records be kept strictly confidential in accordance with subsection (c); ``(7) requires, upon the submission of a report by a medical review officer under subsection (c)(3) relating to a preliminary positive test result, the destruction of all records relating to the result if the medical review officer does not confirm the result; ``(8) requires the destruction of all records relating to drug or alcohol testing of a student when the student graduates or otherwise leaves the local educational agency or private school involved; ``(9) ensures that the parents of the students to be tested are informed in detail about the random drug-testing program; ``(10) provides parents the right to withdraw their child from participation in the random drug-testing program, and ensures that parents receive notification of such right at the beginning of every school year; ``(11) includes a clear, written policy on school behavior that-- ``(A) prohibits students from attending school or school activities under the influence of illegal drugs or alcohol; ``(B) prohibits the use or possession of illegal drugs in school; and ``(C) sets forth the consequences of violating the prohibitions described in subparagraphs (A) and (B); ``(12) provides drug and alcohol abuse prevention training for a total of not less than 2 hours for each student and staff member of the local educational agency or private school involved; ``(13) provides student access to a student assistance program, including confidential assessment, referral, and short-term problem resolution; and ``(14) provides continuing alcohol, tobacco, and drug abuse prevention education. ``(c) Privacy Protection.--Each drug-free school demonstration program established with assistance made available under this section shall-- ``(1) include, as reasonably necessary and appropriate, practices and procedures to ensure the confidentiality of student drug test results and of any participation by a student in a treatment or rehabilitation program; ``(2) prohibit the mandatory disclosure of medical information by a student unless the student tests positive for drugs; and ``(3) require a medical review officer reviewing student drug test results to report the final results of such tests in writing and in a manner designed to ensure the confidentiality of the results. ``(d) Technical Assistance.--To the extent or in the amounts provided in advance in appropriations Acts, the Secretary may enter into contracts with public and private entities to provide assistance related to carrying out the drug-free school demonstration programs established pursuant to this section. ``(e) Applications.--To seek a grant under this section, a local educational agency or private school shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) Definitions.--For purposes of this section: ``(1) The term `medical review officer'-- ``(A) means a licensed physician with knowledge of substance abuse disorders; and ``(B) does not include any-- ``(i) employee of the school involved; or ``(ii) employee or agent of, or any person having a financial interest in, the laboratory for which the drug test results are being reviewed. ``(2) The term `student' means any individual enrolled on school records as eligible to attend, or actually attending, school for educational purposes in any of grades 8 through 12.''. (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Education shall submit to the Congress a report on the results of the drug-free school demonstration programs established with assistance under this section. (c) Authorization of Appropriations.--Section 4003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7103) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) $25,000,000 for fiscal year 2005, and for each of fiscal years 2006 and 2007, for drug-free school demonstration programs under subpart 4.''. (d) Conforming Amendment.--The table of contents at section 2 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating the item relating to subpart 4 of part A of title IV as the item relating to subpart 5 of part A of title IV; and (2) by inserting after the item relating to section 4141 the following: ``subpart 4--drug-free school demonstration programs ``4145. Drug-free school demonstration programs.''.
Empowering Parents and Teachers for a Drug-Free Education Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (under provisions which are also known as the Safe and Drug-Free Schools and Communities Act) to authorize the Secretary of Education to make grants to local educational agencies and private schools to establish drug-free school demonstration programs that include random drug testing of students and meet other specified requirements.
{"src": "billsum_train", "title": "To authorize the Secretary of Education to make grants to local educational agencies and private schools to establish drug-free school demonstration programs, and for other purposes."}
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SECTION 1. IMMIGRATION RELIEF FOR INNOCENT VICTIMS OF IMMIGRATION FRAUD. (a) In General.-- (1) Relief upon approval of application.--If an alien, upon application to an appropriate immigration official, establishes to the satisfaction of such official that such alien is an eligible alien (as defined in subsection (b)) and is, but for the specified immigration fraud, admissible to the United States as an immigrant and is not removable from the United States, such official shall provide immigration relief for such alien under subsection (c). (2) Relief pending approval.--In the case of an eligible alien, any pending proceedings providing for revocation of adjustment of status, revocation of naturalization, or removal with respect to such eligible alien shall be suspended in order to provide such alien with a reasonable opportunity to apply for immigration relief under this section and during the pendency of the application for such relief. (3) Appropriate immigration official.--For purposes of this section, the term ``appropriate immigration official'' means, in the case of an alien in removal proceedings, the immigration judge who is presiding over such proceedings, or otherwise the Secretary of Homeland Security. (b) Eligible Alien, Specified Immigration Fraud Defined.--For purposes of this section: (1) Eligible alien.-- (A) In general.--The term ``eligible alien'' means an alien-- (i) who obtained status as a nonimmigrant on or after January 1, 1980, and who, at the time of obtaining such status, was a national of the Republic of Korea; (ii) who applied, before January 1, 1999, through one or more immigration brokers for adjustment of such status to that of the status of an alien lawfully admitted to the United States for permanent residence, and who applied through the Immigration and Naturalization office located in San Jose, California; (iii) whose application for adjustment of status described in clause (ii) was approved as a result of bribery by such immigration brokers of a supervisor of the Immigration and Naturalization Service for such office; and (iv) who had no actual knowledge of the specified immigration fraud at the time of such adjustment. (B) Treatment of spouses and children.--Such term includes an alien who obtained lawful permanent resident status as the spouse or child of an eligible alien described in paragraph (1). (2) Specified immigration fraud.--The term ``specified immigration fraud'' means the bribery described in paragraph (1)(A)(iii). (c) Form of Immigration Relief.-- (1) In general.--If an application of an eligible alien under subsection (a) is approved, then-- (A) the specified immigration fraud shall not be considered in determining the admissibility or removeability of such alien; and (B) the alien's status shall be restored as if the original adjustment of status described in subsection (b)(1)(C) had been lawful, in accordance with the succeeding provisions of this subsection. (2) Restoration of status to lawful permanent resident; cancellation of order of removal.--In the case of an approved application for an alien whose adjustment of status to lawful permanent resident status was rescinded or who was ordered removed solely as a result of the specified immigration fraud, such rescission shall be vitiated or such order shall be cancelled and the status of such alien shall be restored to that of an alien lawfully admitted for permanent residence. Such restoration or cancellation shall be effective as of the date of such rescission or order of removal. (3) Restoration of naturalization.--In the case of an eligible alien who has been naturalized as a citizen of the United States and whose naturalization was revoked solely as a result of the specified immigration fraud, such revocation shall be vitiated and such alien's citizenship status shall be restored. Such restoration shall be effective as of the date of such revocation. (4) Travel to and parole into the united states for eligible aliens who have departed.--In the case of an eligible alien who has been removed, or has voluntarily departed, from the United States in connection with charges relating to specified immigration fraud, the Secretary shall parole such alien into the United States for the purpose of filing an application for immigration relief under this section. The Secretary of State shall provide such alien with appropriate travel documents in order to travel to the United States for such parole. (d) Procedures and Definitions.-- (1) Procedures for application.--An alien seeking immigration relief under this section shall submit an application at such time (consistent with paragraph (3)), in such manner, and containing such information as the Secretary shall require. No fee shall be charged in connection with such application. (2) Burden of proof.--For purposes of subsection (b)(1)(A)(iv), the alien shall be presumed not to have actual knowledge of the specified immigration fraud and the Secretary shall have the burden of proving such knowledge. (3) Deadline for application.--An application under paragraph (1) shall be submitted not later than the date that is five years after the date of the enactment of this Act, except that the Secretary may extend such deadline for an additional period not to exceed five years. (4) No reduction in number of immigrant visas available.-- The Secretary of State shall not reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) if an application of an eligible alien for immigration relief under this section is approved. (5) Application of other definitions.--For purposes of this section and except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Homeland Security and the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing in this section shall be construed to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Secretary in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible for immigration relief under this section shall not preclude such alien from seeking immigration relief under any other provision of law for which such alien may be eligible.
Provides immigration relief for aliens who are determined by the Secretary of Homeland Security to have: (1) obtained nonimmigrant status on or after January 1, 1980, and who at that time were nationals of the Republic of Korea; (2) applied before January 1, 1999, through one or more immigration brokers for adjustment to permanent resident status through the Immigration and Naturalization Service (INS) office in San Jose, California; (3) obtained adjustment approval as the result of bribery by such brokers of an INS supervisor; and (4) had no actual knowledge of the fraud at the time of adjustment. Extends relief to the spouse and children of eligible aliens granted permanent resident status. Prohibits the immigration fraud reflected by such bribery from being considered in determining the admissibility or removability of eligible aliens. Requires the Secretary to: (1) restore an eligible alien's status as if the original adjustment had been lawful, including where permanent resident status or naturalization was rescinded or where removal was ordered on the basis of the fraud; and (2) parole (and provide necessary travel documents) into the United States eligible aliens who were removed or who voluntarily departed in connection with charges relating to the fraud for purposes of filing an application for relief under this Act.
{"src": "billsum_train", "title": "To provide for immigration relief in the case of certain immigrants who are innocent victims of immigration fraud."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Treatment of Polluted Stormwater Runoff Act'' or the ``STOPS Runoff Act''. SEC. 2. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM. (a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 330. Federal-aid highway runoff pollution management program ``(a) Establishment.--The Secretary shall establish a Federal-aid highway runoff pollution management program to ensure that covered projects are constructed in accordance with minimum standards designed to protect surface and ground water quality. ``(b) Project Approval.--The Secretary may approve a covered project of a State under section 106 only if the State provides assurances satisfactory to the Secretary that the State will construct the project in accordance with the minimum standards described in subsection (c). ``(c) Minimum Standards.--The following minimum standards shall apply to the construction of covered projects to maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the project site with regard to the temperature, rate, chemical composition, volume and duration of flow: ``(1) Avoid and minimize alteration of natural features and hydrology and maximize use of pollution source control measures that utilize existing terrain and natural features and reduce chemical introduction to reduce creation of pollution on the project site. ``(2) Maximize capture of highway runoff pollution on the project site through pretreatment and treatment, including environmental site design techniques and other control measures that promote evapotransporation and infiltration. ``(3) Prevent any remaining highway runoff pollution not addressed under paragraphs (1) and (2) to the maximum extent practicable by implementing one or more of the following control measures selected through a watershed-based environmental management or equivalent approach: ``(A) Pretreatment and treatment of runoff with appropriate control measures on the project site. ``(B) Discharge of highway runoff pollution directly to an off-site control measure under the control of the State with documented capacity to provide functionally and quantitatively equivalent management of runoff pollution to that required to achieve the minimum standards of this subsection for the design life of the project. ``(C) If the control measures in subparagraphs (A) and (B) are found impracticable based on site conditions or other appropriate factors, and an appropriate off-site runoff pollution mitigation program is in place, contribution to a mitigation program that will produce functionally and quantitatively equivalent management of runoff pollution to that required to achieve the minimum standards. Under this subparagraph, priority shall be given to off-site control measures that address the impacts of runoff pollution to waterways that are listed as impaired in the same or adjacent 8-digit Hydrologic Unit Code as the project site. ``(d) Guidance.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary, with the concurrence of the Administrator of the Environmental Protection Agency, shall publish guidance to assist States in complying with the requirements of this section. ``(2) Contents of guidance.--The guidance shall include guidelines for the establishment of State processes and programs that will be used to assist in managing highway runoff pollution from covered projects in accordance with the minimum standards described in subsection (c), including-- ``(A) guidance to help States integrate the planning, selection, design, and long-term operation and maintenance of control measures consistent with the minimum standards in the overall project planning process; ``(B) creation of a watershed-based environmental management approach to assist projects in achieving consistency with the minimum standards; ``(C) guidelines for the development and utilization of off-site runoff pollution mitigation programs to achieve compliance with the minimum standards; and ``(D) provisions for State inspection, monitoring, and reporting to document State compliance and project consistency with this section. ``(e) Limitation on Statutory Construction.--Nothing in this section shall be construed to affect the applicability of any provision of Federal, State, or local law that is more stringent than the requirements of this section. ``(f) Reporting.--The Secretary shall require each State to report annually to the Secretary on the highway runoff pollution reductions achieved for covered projects carried out by the State after the date of enactment of this section. ``(g) Definitions.--In this section, the following definitions apply: ``(1) Control measure.--The term `control measure' means a program, structural or nonstructural management practice, operational procedure, or policy on or off the project site that is intended to control, reduce, or prevent highway runoff pollution. ``(2) Covered project.--The term `covered project' means a project carried out under this title for-- ``(A) construction of a new highway or associated facility; ``(B) construction of a Federal-aid highway runoff control measure retrofit; or ``(C) construction of a significant Federal-aid highway improvement. ``(3) Federal-aid highway runoff control measure retrofit.--The term `Federal-aid highway runoff control measure retrofit' means the installation or modification of a control measure for highway runoff pollution serving a Federal-aid highway or associated facility originally constructed before the date of enactment of this section. ``(4) Highway runoff pollution.--The term `highway runoff pollution' means in relation to a Federal-aid highway, associated facility, or control measure retrofit projects one or more of the following-- ``(A) a discharge of sediment, metals, bacteria, chemicals, nutrients, or oil and grease in runoff; or ``(B) a discharge of peak flow rate, water temperature, and volume of runoff that exceeds predevelopment amounts generated from a Federal-aid highway, associated facility, or control measure retrofit project that violates the water quality standards of the receiving water set by the Federal Water Pollution Control Act (33 U.S.C. 125 et seq.) and related State programs. ``(5) Significant federal-aid highway improvement.--The term `significant Federal-aid highway improvement' means the rehabilitation, reconstruction, reconfiguration, renovation, or major resurfacing of an existing Federal-aid highway or associated facility that disturbs 5 or more acres of land. ``(6) Watershed-based environmental management approach.-- The term `watershed-based environmental management approach' means an approach under which-- ``(A) the selection of solutions that prevent or minimize the environmental impact of an individual project is made within the broader context of the environmental protection and restoration goals of any watershed that drains the project site, rather than selecting solutions solely based on site level considerations; and ``(B) priority consideration is given to-- ``(i) protection of drinking water supplies; ``(ii) protection and restoration of waterways listed by a State as impaired in accordance with section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)); ``(iii) preservation of aquatic ecosystems and fisheries; and ``(iv) cost-effective expenditure of Federal funds.''. (b) Effective Date.--The provisions of this legislation will be effective and applicable to construction of Federal-Aid Highway projects as defined in subsection (g)(2) 1 year after enactment. (c) Clerical Amendment.--The analysis for chapter 3 is amended by adding at the end the following: ``330. Federal-aid highway runoff pollution management program.''.
Safe Treatment of Polluted Stormwater Runoff Act or STOPS Runoff Act - Directs the Secretary of Transportation (DOT) to establish a federal-aid highway runoff pollution management program to ensure that covered federal-aid highway projects are constructed in accordance with certain minimum standards designed to control and treat polluted stormwater runoff. Authorizes the Secretary to approve state covered highway projects receiving federal funding only if the state provides assurances that it will construct the project in accordance with such standards.
{"src": "billsum_train", "title": "A bill to amend title 23, United States Code, to direct the Secretary to establish a comprehensive program to control and treat polluted stormwater runoff from federally funded highways and roads, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Louis L. Redding Fair, Accurate, Secure, and Timely Voting Act of 2016'' or the ``FAST Voting Act of 2016''. SEC. 2. INCENTIVES FOR STATES TO INVEST IN PRACTICES AND TECHNOLOGY THAT ARE DESIGNED TO EXPEDITE VOTING AT THE POLLS AND SIMPLIFY VOTER REGISTRATION. (a) Purposes.--The purposes of this section are to-- (1) provide incentives for States to invest in practices and technology that are designed to expedite voting at the polls; and (2) provide incentives for States to simplify voter registration. (b) Reservation of Funds.--From the amount made available to carry out this section for a fiscal year, the Attorney General may reserve not more than 10 percent of such amount to carry out activities related to-- (1) technical assistance; and (2) outreach and dissemination. (c) Program Authorized.-- (1) In general.--From the amounts made available under subsection (h) for a fiscal year and not reserved under subsection (b), the Attorney General shall award grants, on a competitive basis, to States in accordance with subsection (d)(2), to enable the States to carry out the purposes of this section. (2) Number of grants.--A State may not receive more than 1 grant under this section per grant period. (3) Duration of grants.-- (A) In general.--A grant under this section shall be awarded for a period of not more than 4 years. (B) Continuation of grants.--A State that is awarded a grant under this section shall not receive grant funds under this section for the second or any subsequent year of the grant unless the State demonstrates to the Attorney General, at such time and in such manner as determined by the Attorney General, that the State is-- (i) making progress in implementing the plan under subsection (d)(1)(C) at a rate that the Attorney General determines will result in the State fully implementing such plan during the remainder of the grant period; or (ii) making progress against the performance measures set forth in subsection (e) at a rate that the Attorney General determines will result in the State reaching its targets and achieving the objectives of the grant during the remainder of the grant period. (d) Applications.-- (1) Applications.--Each State that desires to receive a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. At a minimum, each such application shall include-- (A) documentation of the applicant's record, as applicable-- (i) in providing various voter registration opportunities; (ii) in providing early voting; (iii) in providing absentee voting; (iv) in providing assistance to voters who do not speak English as a primary language; (v) in providing assistance to voters with disabilities; (vi) in providing effective access to voting for members of the armed services; (vii) in providing formal training of election officials; (viii) in auditing or otherwise documenting waiting times at polling stations; (ix) in allocating polling locations, equipment, and staff to match population distribution; (x) in responding to voting irregularities and concerns raised at polling stations; (xi) in creating and adhering to contingency voting plans in the event of a natural or other disaster; and (xii) with respect to any other performance measure described in subsection (e) that is not included in clauses (i) through (xi); (B) evidence of conditions of innovation and reform that the applicant has established and the applicant's proposed plan for implementing additional conditions for innovation and reform, including-- (i) a description of how the applicant has identified and eliminated ineffective practices in the past and the applicant's plan for doing so in the future; (ii) a description of how the applicant has identified and promoted effective practices in the past and the applicant's plan for doing so in the future; and (iii) steps the applicant has taken and will take to eliminate statutory, regulatory, procedural, or other barriers and to facilitate the full implementation of the proposed plan under this subparagraph; (C) a comprehensive and coherent plan for using funds under this section, and other Federal, State, and local funds, to improve the applicant's performance on the measures described in subsection (e), consistent with criteria set forth by the Attorney General, including how the applicant will, if applicable-- (i) provide flexible registration opportunities, including online and same-day registration and registration updating; (ii) provide early voting, at a minimum of 9 of the 10 calendar days preceding an election, at sufficient and flexible hours; (iii) provide absentee voting, including no-excuse absentee voting; (iv) provide assistance to voters who do not speak English as a primary language; (v) provide assistance to voters with disabilities, including visual impairment; (vi) provide effective access to voting for members of the armed services; (vii) provide formal training of election officials, including State and county administrators and volunteers; (viii) audit and reduce waiting times at polling stations; (ix) allocate polling locations, equipment, and staff to match population distribution; (x) respond to any reports of voting irregularities or concerns raised at the polling station; (xi) create contingency voting plans in the event of a natural or other disaster; and (xii) improve the wait times at the persistently poorest performing polling stations within the jurisdiction of the applicant; (D) evidence of collaboration between the State, local election officials, and other stakeholders, in developing the plan described in subparagraph (C), including evidence of the commitment and capacity to implement the plan; (E) the applicant's annual performance measures and targets, consistent with the requirements of subsection (e); and (F) a description of the applicant's plan to conduct a rigorous evaluation of the effectiveness of activities carried out with funds under this section. (2) Criteria for evaluating applications.-- (A) Award basis.--The Attorney General shall award grants under this section on a competitive basis, based on the quality of the applications submitted under paragraph (1), including-- (i) each applicant's record in the areas described in paragraph (1)(A); (ii) each applicant's record of, and commitment to, establishing conditions for innovation and reform, as described in paragraph (1)(B); (iii) the quality and likelihood of success of each applicant's plan described in paragraph (1)(C) in showing improvement in the areas described in paragraph (1)(A), including each applicant's capacity to implement the plan and evidence of collaboration as described in paragraph (1)(D); and (iv) each applicant's evaluation plan as described in paragraph (1)(F). (B) Explanation.--The Attorney General shall publish an explanation of how the application review process under this paragraph will ensure an equitable and objective evaluation based on the criteria described in subparagraph (A). (e) Performance Measures.--Each State receiving a grant under this section shall establish performance measures and targets, approved by the Attorney General, for the programs and activities carried out under this section. These measures shall, at a minimum, track the State's progress-- (1) in implementing its plan described in subsection (d)(1)(C); (2) in expediting voting at the polls or simplifying voter registration, as applicable; and (3) on any other measures identified by the Attorney General. (f) Uses of Funds.--Each State that receives a grant under this section shall use the grant funds for any purpose included in the State's plan under subsection (d)(1)(C). (g) Reporting.--A State that receives a grant under this section shall submit to the Attorney General, at such time and in such manner as the Attorney General may require, an annual report including-- (1) data on the State's progress in achieving the targets for the performance measures established under subsection (e); (2) a description of the challenges the State has faced in implementing its program and how it has addressed or plans to address those challenges; and (3) findings from the evaluation plan as described in subsection (d)(1)(F). (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.
Louis L. Redding Fair, Accurate, Secure, and Timely Voting Act of 2016 or the FAST Voting Act of 2016 This bill directs the Department of Justice (DOJ) to award grants, on a competitive basis, to enable states to: (1) invest in practices and technology designed to expedite voting at the polls, and (2) simplify voter registration. The grant application shall include a comprehensive and coherent plan for using funds to improve the applicant's performance on specified measures with respect to: (1) flexible registration opportunities, (2) early and absentee voting, (3) assistance to non-English speaking and disabled voters, and (4) other related matters. Each grantee shall establish performance measures and targets, approved by DOJ , that track its progress in implementing its plan and expediting voting at the polls or simplifying voter registration, as applicable.
{"src": "billsum_train", "title": "FAST Voting Act of 2016"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Collegiate and Amateur Athletic Protection Act of 2001''. SEC. 2. TASK FORCE ON ILLEGAL WAGERING ON AMATEUR AND COLLEGIATE SPORTING EVENTS. (a) Establishment.--The Attorney General shall establish a prosecutorial task force on illegal wagering on amateur and collegiate sporting events (referred to in this section as the ``task force''). (b) Duties.--The task force shall-- (1) coordinate enforcement of Federal laws that prohibit gambling relating to amateur and collegiate athletic events; and (2) submit annually, to the House of Representatives and the Senate a report describing specific violations of such laws, prosecutions commenced, and convictions obtained. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $4,000,000 in fiscal year 2002 and $6,000,000 in each of the fiscal years 2003 through 2006. SEC. 3. INCREASED PENALTIES FOR ILLEGAL SPORTS GAMBLING. (a) Interstate Transmission of Bets or Information Assisting in Placing Bets on Sporting Events.--Section 1084(a) of title 18, United States Code, is amended by striking ``two'' and inserting ``5''. (b) Interstate Transportation of Wagering Paraphernalia.--Section 1953(a) of title 18, United States Code, is amended by adding at the end the following: ``If the matter carried or sent in interstate or foreign commerce was intended by the defendant to be used to assist in the placing of bets or wagers on any sporting event or contest, the maximum term of imprisonment for the offense shall be 10 years.''. (c) Illegal Gambling Business.--Section 1955(a) of title 18, United States Code, is amended by adding at the end the following: ``If the gambling business included the placing of bets or wagers on any sporting event or contest, the maximum term of imprisonment for the offense shall be 10 years.''. (d) Interstate Travel To Promote and Conduct an Illegal Gambling Business.--Section 1952 of title 18, United States Code, is amended by adding at the end the following: ``(d) If the offense violated paragraph (1) or (3) of subsection (a) and the illegal activity included the placing of bets or wagers on any sporting event or contest, the maximum term of imprisonment for the offense shall be 10 years.''. (e) Sports Bribery.--Section 224(a) of title 18, United States Code, is amended by adding at the end the following: ``If the purpose of the bribery is to affect the outcome of a bet or wager placed on any sporting event or contest, the maximum term of imprisonment for the offense shall be 10 years.''. SEC. 4. STUDY ON ILLEGAL SPORTS GAMBLING BEHAVIOR AMONG MINORS. (a) In General.--The Director of the National Institute of Justice shall conduct a study to determine the extent to which minor persons participate in illegal sports gambling activities. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Director of the National Institute of Justice shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report-- (1) describing the extent to which minor persons participate in illegal sports gambling activities; and (2) making recommendations on actions that should be taken to curtail participation by minor persons in sports gambling activities. SEC. 5. STUDY OF GAMBLING ON COLLEGE AND UNIVERSITY CAMPUSES. (a) Establishment of Panel.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall establish a panel, which shall be composed of Federal, State, and local government law enforcement officials, to conduct a study of illegal college sports gambling. (b) Contents of Study.--The study conducted by the panel established under subsection (a) shall include an analysis of-- (1) the scope and prevalence of illegal college sports gambling, including unlawful sports gambling (as defined in section 3702 of title 28, United States Code); (2) the role of organized crime in illegal gambling on college sports; (3) the role of State regulators and the legal sports books in Nevada in assisting law enforcement to uncover illegal sports gambling and related illegal activities; (4) the enforcement and implementation of the Professional and Amateur Sports Protection Act of 1992, including whether it has been adequately enforced; (5) the effectiveness of steps taken by institutions of higher education to date, whether individually or through national organizations, to reduce the problem of illegal gambling on college sports; (6) the factors that influence the attitudes or levels of awareness of administrators, professors, and students, including student athletes, about illegal gambling on college sports; (7) the effectiveness of new countermeasures to reduce illegal gambling on college sports, including related requirements for institutions of higher education and persons receiving Federal education funds; (8) potential actions that could be taken by the National Collegiate Athletic Association to address illegal gambling on college and university campuses; and (9) other matters relevant to the issue of illegal gambling on college sports as determined by the Attorney General. (c) Report to Congress.--Not later than 12 months after the establishment of the panel under this section, the Attorney General shall submit to Congress a report on the study conducted under this section, which shall include-- (1) recommendations for actions colleges, universities, and the National Collegiate Athletic Association should implement to address the issue of illegal gambling on college sports; (2) recommendations for intensive educational campaigns which the National Collegiate Athletic Association could implement to assist in the effort to prevent illegal gambling on college sports; (3) recommendations for any Federal and State legislative actions to address the issue of illegal gambling on college sports; and (4) recommendations for any administrative or private sector actions to address the issue of illegal gambling on college sports. SEC. 6. REDUCTION OF GAMBLING ON COLLEGE CAMPUSES. (a) College Programs to Reduce Illegal Gambling.-- (1) Comprehensive program.--Each institution of higher education (as defined in section 101 of the Higher Education Act (20 U.S.C. 1001)) shall designate 1 or more full-time senior officers of the institution to coordinate the implementation of a comprehensive program, as determined by the Secretary of Education, to reduce illegal gambling and gambling control disorders by students and employees of the institution. (2) Annual reporting.--An institution described in paragraph (1) shall annually prepare and submit to the Secretary of Education a report, in a form and manner prescribed by the Secretary, concerning the progress made by the institution to reduce illegal gambling by students and employees of the institution. (3) Continued eligibility.--An institution described in paragraph (1) shall make reasonable further progress (as defined by the Secretary of Education) toward the elimination of illegal gambling at the institution as a condition of the institution remaining eligible for assistance and participation in other programs authorized under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). (b) Gambling Enforcement Information and Policies.-- (1) In general.--Each institution described in subsection (a)(1) shall include-- (A) statistics and other information on illegal gambling, including gambling over the Internet, in addition to the other criminal offense on which such institution must report pursuant to section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) in the form and manner so prescribed; and (B) a statement of policy regarding underage and other illegal gambling activity at the institution, in the form and manner prescribed for statements of policy on alcoholic beverages and illegal drugs pursuant to such section 485(f), including a description of any gambling abuse education programs available to students and employees of the institution. (2) Review of procedures.--Notwithstanding paragraph (2) of section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)), the Attorney General, in consultation with the Secretary of Education, shall periodically review the policies, procedures, and practices of institutions described in subsection (a)(1) with respect to campus crimes and security related directly or indirectly to illegal gambling, including the integrity of the athletic contests in which students of the institution participate. (c) Zero Tolerance of Illegal Gambling.-- (1) Revocation of aid.--A recipient of athletically related student aid (as defined in section 485(e)(8) of the Higher Education Act of 1965 (20 U.S.C. 1092(e)(8)) shall cease to be eligible for such aid upon a determination by either the institution of higher education providing such aid, or the applicable amateur sports organization, that the recipient has engaged in illegal gambling activity, including sports bribery, in violation of the policies or by-laws of the institution or organization. (2) Report.--An institution of higher education that provides athletically related student aid, and an amateur sports organization that sanctions a competitive game or performance in which 1 or more competitors receives such aid, shall annually report to the Attorney General and the Secretary of Education on actions taken to implement this subsection. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that-- (1) illegal sports gambling poses a significant threat to youth on college campuses and in society in general; (2) State and local governments, the National Collegiate Athletic Association, and other youth, school, and collegiate organizations should provide educational and prevention programs to help youth recognize the dangers of illegal sports gambling and the serious consequences it can have; (3) such programs should include public service announcements, especially during tournament and bowl game coverage; (4) the National Collegiate Athletic Association and other amateur sports governing bodies should adopt mandatory codes of conduct regarding the avoidance and prevention of illegal sports gambling among our youth; and (5) the National Collegiate Athletic Association should enlist universities in the United States to develop scientific research on youth sports gambling, and related matters.
National Collegiate and Amateur Athletic Protection Act of 2001 - Directs the Attorney General to establish a prosecutorial task force on illegal wagering on amateur and collegiate sporting events. Increases penalties for illegal sports gambling.Requires: (1) the Director of the National Institute of Justice to study the extent to which minors participate in illegal sports gambling activities; and (2) the Attorney General to establish a panel to study illegal college sports gambling.Requires each institution of higher education to: (1) designate one or more full-time senior officers of the institution to coordinate the implementation of a comprehensive program to reduce illegal gambling and gambling control disorders by students and employees; (2) annually prepare and submit to the Secretary of Education a report concerning progress made; (3) make reasonable further progress as a condition of remaining eligible for assistance under the Higher Education Act of 1965; and (4) submit statistics and other information on illegal gambling and a policy statement regarding underage and other illegal gambling activity at the institution.Makes a recipient of athletically related student aid ineligible for such aid upon a determination by either the institution of higher education or the applicable amateur sports organization that the recipient has engaged in illegal gambling activity. Requires such an institution, and such an organization that sanctions a competitive game or performance in which one or more competitors receive such aid, to report annually to the Attorney General and the Secretary.Expresses the sense of Congress that illegal sports gambling poses a significant threat to youth.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children From Internet Pornographers Act of 2011''. SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY. (a) Offense.--Chapter 95 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1960A. Financial facilitation of access to child pornography ``(a) In General.--Whoever knowingly conducts, or attempts or conspires to conduct, a financial transaction (as defined in section 1956(c)) in or affecting interstate or foreign commerce, knowing that such transaction will facilitate access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 20 years, or both. ``(b) Exclusion From Offense.--This section does not apply to a financial transaction conducted by a person in cooperation with, or with the consent of, any Federal, State, or local law enforcement agency.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item: ``1960A. Financial facilitation of access to child pornography.''. SEC. 3. MONEY LAUNDERING PREDICATE. Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (1) by inserting ``1466A (relating to obscene visual representation of the abuse of children),'' before ``section 1708''; and (2) by inserting ``1960A (relating to financial facilitation of access to child pornography),'' before ``section 2113''. SEC. 4. RETENTION OF CERTAIN RECORDS BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS. (a) In General.--Section 2703 of title 18, United States Code, is amended by adding at the end the following: ``(h) Retention of Certain Records.-- ``(1) A commercial provider of an electronic communication service shall retain for a period of at least one year a log of the temporarily assigned network addresses the provider assigns to a subscriber to or customer of such service that enables the identification of the corresponding customer or subscriber information under subsection (c)(2) of this section. ``(2) Access to a record or information required to be retained under this subsection may not be compelled by any person or other entity that is not a governmental entity. ``(3) The Attorney General shall make a study to determine the costs associated with compliance by providers with the requirement of paragraph (1). Such study shall include an assessment of all the types of costs, including for hardware, software, and personnel that are involved. Not later than 2 years after the date of the enactment of this paragraph, the Attorney General shall report to Congress the results of that study. ``(4) In this subsection-- ``(A) the term `commercial provider' means a provider of electronic communication service that offers Internet access capability for a fee to the public or to such classes of users as to be effectively available to the public, regardless of the facilities used; and ``(B) the term `Internet' has the same meaning given that term in section 230(f) of the Communications Act of 1934.''. (b) Sense of Congress.--It is the sense of Congress-- (1) to encourage electronic communication service providers to give prompt notice to their customers in the event of a breach of the data retained pursuant to section 2703(h) of title 18 of the United States Code, in order that those effected can take the necessary steps to protect themselves from potential misuse of private information; and (2) that records retained pursuant to section 2703(h) of title 18, United States Code, should be stored securely to protect customer privacy and prevent against breaches of the records. (c) Transition Rule.--The amendment made by this section shall not apply until 180 days after the date of the enactment of this Act to a provider of an electronic communications service that does not, on that date of enactment, have in effect a system of retention of records that complies with the requirements of that amendment. (d) Study.-- (1) The Attorney General, not later than 2 years after the date of the enactment of this Act, shall complete a study of providers affected by section 2703(h) of title 18, United States Code. (2) Such study shall include-- (A) the privacy standards and considerations implemented by those providers as they comply with the requirements of section 2703(h); and (B) the frequency of any reported breaches of data retained pursuant to section 2703(h). (3) The Attorney General shall, upon the completion of the study, report the results of the study to Congress. SEC. 5. NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING INFORMATION UNDER THIS CHAPTER. Section 2703(e) of title 18, United States Code, is amended by inserting ``retaining records,'' after ``other specified persons for''. SEC. 6. GOOD FAITH RELIANCE ON REQUIREMENT. Section 2707(e)(1) of title 18, United States Code, is amended by inserting ``, or the requirement to retain records under section 2703(h),'' after ``section 2703(f)''. SEC. 7. SUBPOENA AUTHORITY. Section 566(e)(1) of title 28, United States Code, is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(C) issue administrative subpoenas in accordance with section 3486 of title 18, solely for the purpose of investigating unregistered sex offenders (as defined in such section 3486).''. SEC. 8. PROTECTION OF CHILD WITNESSES. Section 1514 of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``or its own motion,'' after ``attorney for the Government,''; and (ii) by inserting ``or investigation'' after ``Federal criminal case'' each place it appears; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (C) by inserting after paragraph (1) the following: ``(2) In the case of a minor witness or victim, the court shall issue a protective order prohibiting harassment or intimidation of the minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in the Federal criminal case or investigation. Any hearing regarding a protective order under this paragraph shall be conducted in accordance with paragraphs (1) and (3), except that the court may issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present. If such an ex parte order is applied for or issued, the court shall hold a hearing not later than 14 days after the date such order was applied for or is issued.''; (D) in paragraph (4), as so redesignated, by striking ``(and not by reference to the complaint or other document)''; and (E) in paragraph (5), as so redesignated, in the second sentence, by inserting before the period at the end the following: ``, except that in the case of a minor victim or witness, the court may order that such protective order expires on the later of 3 years after the date of issuance or the date of the eighteenth birthday of that minor victim or witness''; and (2) by striking subsection (c) and inserting the following: ``(c) Whoever knowingly and intentionally violates or attempts to violate an order issued under this section shall be fined under this title, imprisoned not more than 5 years, or both. ``(d)(1) As used in this section-- ``(A) the term `course of conduct' means a series of acts over a period of time, however short, indicating a continuity of purpose; ``(B) the term `harassment' means a serious act or course of conduct directed at a specific person that-- ``(i) causes substantial emotional distress in such person; and ``(ii) serves no legitimate purpose; ``(C) the term `immediate family member' has the meaning given that term in section 115 and includes grandchildren; ``(D) the term `intimidation' means a serious act or course of conduct directed at a specific person that-- ``(i) causes fear or apprehension in such person; and ``(ii) serves no legitimate purpose; ``(E) the term `restricted personal information' has the meaning give that term in section 119; ``(F) the term `serious act' means a single act of threatening, retaliatory, harassing, or violent conduct that is reasonably likely to influence the willingness of a victim or witness to testify or participate in a Federal criminal case or investigation; and ``(G) the term `specific person' means a victim or witness in a Federal criminal case or investigation, and includes an immediate family member of such a victim or witness. ``(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific person serves no legitimate purpose, unless that use is authorized by that specific person, is for news reporting purposes, is designed to locate that specific person (who has been reported to law enforcement as a missing person), or is part of a government-authorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or national security investigation.''. SEC. 9. SENTENCING GUIDELINES. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements to ensure-- (1) that the guidelines provide an additional penalty increase above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual if the defendant was convicted of a violation of section 1591 of title 18, United States Code, or chapters 109A, 109B, 110, or 117 of title 18, United States Code; and (2) if the offense described in paragraph (1) involved causing or threatening to cause physical injury to a person under 18 years of age, in order to obstruct the administration of justice, an additional penalty increase above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual. SEC. 10. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY. (a) Certain Activities Relating to Material Involving the Sexual Exploitation of Minors.--Section 2252(b)(2) of title 18, United States Code, is amended by inserting after ``but if'' the following: ``any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if''. (b) Certain Activities Relating to Material Constituting or Containing Child Pornography.--Section 2252A(b)(2) of title 18, United States Code, is amended by inserting after ``but, if'' the following: ``any image of child pornography involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if''. SEC. 11. ADMINISTRATIVE SUBPOENAS. (a) In General.--Section 3486(a)(1) of title 18, United States Code, is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``or'' at the end; (B) by redesignating clause (ii) as clause (iii); and (C) by inserting after clause (i) the following: ``(ii) an unregistered sex offender conducted by the United States Marshals Service, the Director of the United States Marshals Service; or''; and (2) in subparagraph (D)-- (A) by striking ``paragraph, the term'' and inserting the following: ``paragraph-- ``(i) the term''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(ii) the term `sex offender' means an individual required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.).''. (b) Technical and Conforming Amendments.--Section 3486(a) of title 18, United States Code, is amended-- (1) in paragraph (6)(A), by striking ``United State'' and inserting ``United States''; (2) in paragraph (9), by striking ``(1)(A)(ii)'' and inserting ``(1)(A)(iii)''; and (3) in paragraph (10), by striking ``paragraph (1)(A)(ii)'' and inserting ``paragraph (1)(A)(iii)''.
Protecting Children From Internet Pornographers Act of 2011 - (Sec. 2) Amends the federal criminal code to prohibit knowingly conducting in interstate or foreign commerce a financial transaction that will facilitate access to, or the possession of, child pornography. Makes this prohibition inapplicable to a financial transaction conducted in cooperation with, or with the consent of, any federal, state, or local law enforcement agency. (Sec. 3) Adds as predicate offenses to the money laundering statute provisions regarding: (1) such financial facilitation of access to child pornography, and (2) obscene visual representation of the abuse of children. (Sec. 4) Requires a commercial provider of an electronic communication service to retain for at least one year a log of the temporarily assigned network addresses assigned to subscribers or customers that enables the identification of corresponding customer or subscriber information. Prohibits access to such records from being compelled by any person or nongovernmental entity. Directs the Attorney General to study and report within two years on the provider compliance costs. Encourages providers to: (1) give prompt notice to customers of a breach of such records, and (2) store such records securely to protect customer privacy and prevent breaches. Directs the Attorney General, within two years, to complete a study of providers affected by this section, including: (1) the privacy standards and considerations implemented, and (2) the frequency of any reported breaches. (Sec. 5) Bars any cause of action against a provider for retaining such records as required. (Sec. 6) Makes a good faith reliance on the record retention requirement a complete defense to a civil action. (Sec. 7) Allows the issuance of an administrative subpoena for the investigation of unregistered sex offenders by the United States Marshals Service. (Sec. 8) Requires a U.S. district court to issue a protective order prohibiting harassment or intimidation of a minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in a federal criminal case or investigation. Authorizes the court to: (1) issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present, in which case the court shall hold a hearing not later than 14 days after the date such order was applied for or issued; and (2) order that such a protective order expires on the later of three years after the date of issuance or the date of the minor victim's or witness's 18th birthday. Provides for up to five years' imprisonment, a fine, or both for violating or attempting to violate such a protective order. Directs the courts to presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific person serves no legitimate purpose, unless that use is authorized by that person, is for news reporting purposes, is designed to locate that person (who has been reported to law enforcement as a missing person), or is part of a government authorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or national security investigation. (Sec. 9) Directs the United States Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for obstruction of justice associated with sex trafficking of children and other child abuse crimes. (Sec. 10) Imposes a fine and/or prison term of up to 20 years for a child pornography offense involving a prepubescent minor or a child under the age of 12.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Public School Construction Partnership Act''. SEC. 2. TREATMENT OF QUALIFIED PUBLIC EDUCATIONAL FACILITY BONDS AS EXEMPT FACILITY BONDS. (a) Treatment as Exempt Facility Bond.--Subsection (a) of section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond) is amended by striking ``or'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, or'', and by adding at the end the following: ``(13) qualified public educational facilities.'' (b) Qualified Public Educational Facilities.--Section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond) is amended by adding at the end the following new subsection: ``(k) Qualified Public Educational Facilities.-- ``(1) In general.--For purposes of subsection (a)(13), the term `qualified public educational facility' means any school facility which is-- ``(A) part of a public elementary school or a public secondary school, and ``(B) owned by a private, for-profit corporation pursuant to a public-private partnership agreement with a State or local educational agency described in paragraph (2). ``(2) Public-private partnership agreement described.--A public-private partnership agreement is described in this paragraph if it is an agreement-- ``(A) under which the corporation agrees-- ``(i) to do 1 or more of the following: construct, rehabilitate, refurbish, or equip a school facility, and ``(ii) at the end of the term of the agreement, to transfer the school facility to such agency for no additional consideration, and ``(B) the term of which does not exceed the term of the issue to be used to provide the school facility. ``(3) School facility.--For purposes of this subsection, the term `school facility' means-- ``(A) school buildings, ``(B) functionally related and subordinate facilities and land with respect to such buildings, including any stadium or other facility primarily used for school events, and ``(C) any property, to which section 168 applies (or would apply but for section 179), for use in the facility. ``(4) Public schools.--For purposes of this subsection, the terms `elementary school' and `secondary school' have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as in effect on the date of the enactment of this subsection. ``(5) Annual aggregate face amount of tax-exempt financing.-- ``(A) In general.--An issue shall not be treated as an issue described in subsection (a)(13) if the aggregate face amount of bonds issued by the State pursuant thereto (when added to the aggregate face amount of bonds previously so issued during the calendar year) exceeds an amount equal to the greater of-- ``(i) $10 multiplied by the State population, or ``(ii) $5,000,000. ``(B) Allocation rules.-- ``(i) In general.--Except as otherwise provided in this subparagraph, the State may allocate in a calendar year the amount described in subparagraph (A) for such year in such manner as the State determines appropriate. ``(ii) Rules for carryforward of unused amount.--With respect to any calendar year, a State may make an election under rules similar to the rules of section 146(f), except that the sole carryforward purpose with respect to such election is the issuance of exempt facility bonds described in section 142(a)(13).'' (c) Exemption From General State Volume Caps.--Paragraph (3) of section 146(g) of the Internal Revenue Code of 1986 (relating to exception for certain bonds) is amended-- (1) by striking ``or (12)'' and inserting ``(12), or (13)'', and (2) by striking ``and environmental enhancements of hydroelectric generating facilities'' and inserting ``environmental enhancements of hydroelectric generating facilities, and qualified public educational facilities''. (d) Exemption From Limitation on Use for Land Acquisition.--Section 147(h) of the Internal Revenue Code of 1986 (relating to certain rules not to apply to mortgage revenue bonds, qualified student loan bonds, and qualified 501(c)(3) bonds) is amended by adding at the end the following new paragraph: ``(3) Exempt facility bonds for qualified public-private schools.--Subsection (c) shall not apply to any exempt facility bond issued as part of an issue described in section 142(a)(13) (relating to qualified public-private schools).'' (e) Conforming Amendment.--The heading of section 147(h) of the Internal Revenue Code of 1986 is amended by striking ``Mortgage Revenue Bonds, Qualified Student Loan Bonds, and Qualified 501(c)(3) Bonds'' in the heading and inserting ``Certain Bonds''. (f) Effective Date.--The amendments made by this section shall apply to bonds issued after December 31, 1999. SEC. 3. ADDITIONAL INCREASE IN ARBITRAGE REBATE EXCEPTION FOR GOVERNMENTAL BONDS USED TO FINANCE EDUCATION FACILITIES. (a) Spending Requirement for Public School Construction Issue.-- Paragraph (4)(C) of section 148(f) of the Internal Revenue Code of 1986 (relating to required rebate to the United States) is amended by adding at the end the following new clause: ``(xviii) 4-year spending requirement for public school construction issue.-- ``(I) In general.--In the case of a public school construction issue, the spending requirements of clause (ii) shall be treated as met if at least 10 percent of the available construction proceeds of the construction issue are spent for the governmental purposes of the issue within the 1-year period beginning on the date the bonds are issued, 30 percent of such proceeds are spent for such purposes within the 2- year period beginning on such date, 50 percent of such proceeds are spent for such purposes within the 3-year period beginning on such date, and 100 percent of such proceeds are spent for such purposes within the 4-year period beginning on such date. ``(II) Public school construction issue.--For purposes of this clause, the term `public school construction issue' means any construction issue if no bond which is part of such issue is a private activity bond and all of the available construction proceeds of such issue are to be used for the construction (as defined in clause (iv)) of public school facilities to provide education or training below the postsecondary level or for the acquisition of land that is functionally related and subordinate to such facilities. ``(III) Other rules to apply.-- Rules similar to the rules of the preceding provisions of this subparagraph which apply to clause (ii) shall apply to this clause.'' (b) Increase in Arbitrage Rebate Exception for Governmental Bonds Used To Finance Education Facilities.--Section 148(f)(4)(D)(vii) of the Internal Revenue Code of 1986 (relating to increase in exception for bonds financing public school capital expenditures) is amended by striking ``$5,000,000'' the second place it appears and inserting ``$10,000,000''. (c) Effective Date.--The amendment made by this section shall apply to obligations issued after December 31, 1999. SEC. 4. TREATMENT OF PUBLIC SCHOOL CONSTRUCTION BONDS AS QUALIFIED TAX- EXEMPT OBLIGATIONS. (a) In General.--Clause (i) of subsection (b)(3)(B) of section 265 of the Internal Revenue Code of 1986 (relating to expenses and interest relating to tax-exempt income) is amended to read as follows: ``(i) In general.--For purposes of subparagraph (A), the term `qualified tax- exempt obligation' means a tax-exempt obligation-- ``(I) which is issued after August 7, 1986, by a qualified small issuer, is not a private activity bond (as defined in section 141), and is designated by the issuer for purposes of this paragraph, or ``(II) which is a public school construction bond (within the meaning of section 148(f)(4)(C)(xviii)) issued by a qualified small education bond issuer (as defined in subparagraph (F)).'' (b) Definition of Qualified Small Education Bond Issuer.-- Subsection (b)(3) of section 265 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(F) Qualified small education bond issuer.--For purposes of subparagraph (B)(i)(II), the term `qualified small education bond issuer' means, with respect to bonds issued during any calendar year, any issuer if the reasonably anticipated amount of public school construction bonds which will be issued by such issuer during such calendar year does not exceed $25,000,000.'' (c) Conforming Amendment.--Section 265(b)(3)(B)(ii) of such Code is amended by striking ``(i)(II)'' in the matter preceding subclause (I) and inserting ``(i)''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 1999.
Sets forth provisions concerning: (1) time-related spending requirements for public school construction bonds and doubling the arbitrage rebate exception for governmental bonds used to finance education facilities; and (2) the treatment of public school construction bonds as qualified tax-exempt obligations.
{"src": "billsum_train", "title": "Public School Construction Partnership Act"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``401Kids Family Savings Act of 2006''. SEC. 2. EXTENSION OF DATE FOR SUNSET OF CERTAIN EDUCATION SAVINGS INCENTIVES. In the case of the provisions of, and amendments made by, subtitle A of title IV of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to education savings incentives), section 901 of such Act (relating to sunset of provisions of Act) shall be applied by substituting ``December 31, 2015'' for ``December 31, 2010'' in subsection (a)(1) thereof. SEC. 3. DISTRIBUTIONS FROM EDUCATION SAVINGS ACCOUNTS FOR FIRST HOME PURCHASES TREATED AS QUALIFIED DISTRIBUTIONS. (a) In General.--Subsections (b)(1), (d)(2)(A), (d)(2)(B), (d)(2)(C)(ii)(II), and (d)(2)(D) of section 530 of the Internal Revenue Code of 1986 are each amended by striking ``qualified education expenses'' and inserting ``qualified expenses''. (b) Qualified Expenses.--Subsection (b) of section 530 of such Code is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Qualified expenses.--The term `qualified expenses' means-- ``(A) qualified education expenses (as defined in paragraph (3)), and ``(B) qualified first-time homebuyer expenses (as defined in paragraph (4)).'', and (2) by redesignating paragraphs (4) and (5) (as redesignated by paragraph (1)) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Qualified first-time homebuyer expenses.--The term `qualified first-time homebuyer expenses' means, in the case of a designated beneficiary who is a first-time homebuyer, the qualified acquisition costs with respect to a principal residence of such beneficiary. Terms used in this paragraph shall have the same meaning as when used in section 72(t)(8).''. (c) Conforming Amendment.--The heading for paragraph (2) of section 530(d) of such Code is amended by striking ``qualified education expenses'' and inserting ``qualified expenses''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. ROLLOVERS FROM EDUCATION SAVINGS ACCOUNTS TO ROTH IRAS. (a) In General.--Paragraph (5) of section 530(d) of the Internal Revenue Code of 1986, as amended by section 5, is amended by inserting ``or a Roth IRA'' after ``another 401Kids savings account''. (b) Conforming Amendment.--Subsection (e) of section 408A of such Code is amended by inserting the following after the second sentence: ``Such term includes a rollover contribution to a Roth IRA from a 401Kids savings account described in section 530(d)(5).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. RENAMING COVERDELL EDUCATION SAVINGS ACCOUNTS AS 401KIDS SAVINGS ACCOUNTS. (a) In General.--Section 530 of the Internal Revenue Code of 1986 is amended by striking ``Coverdell education savings account'' each place it appears and inserting ``401Kids savings account''. (b) Conforming Amendments.-- (1) The following provisions of the Internal Revenue Code of 1986 are amended by striking ``Coverdell education savings'' each place it appears and inserting ``401Kids savings'': (A) Section 26(b)(2)(E). (B) Section 72(e)(9). (C) Section 135(c)(2)(C). (D) Section 529(c)(6). (E) Subsections (a) and (e) of section 4973(a). (F) Subsections (c) and (e) of section 4975. (G) Section 6693(a)(2)(E). (2) The headings for the following provisions of such Code are amended by striking ``Coverdell education savings'' and inserting ``401kids savings'': (A) Section 72(e)(9). (B) Section 135(c)(2)(C). (C) Section 529(c)(3)(B)(vi). (D) Section 530(b)(1). (E) Section 4973(e). (F) Section 4975(c)(5). (3) The heading for section 4973(e) of such Code is amended by striking ``Coverdell Education Savings'' and inserting ``401Kids Savings''. (4) The heading for section 530 of such Code is amended to read as follows: ``SEC. 530. 401KIDS SAVINGS ACCOUNTS.''. (5) The item in the table of contents for part VII of subchapter F of chapter 1 of such Code relating to section 530 is amended to read as follows: ``Sec. 530. 401Kids savings accounts.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.
401Kids Family Savings Act of 2006 - Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to extend through 2015 provisions allowing increased annual contributions to Coverdell education savings accounts. Amends the Internal Revenue Code to: (1) allow tax-free distributions from a Coverdell education savings account for first-time homebuyer expenses; (2) permit rollovers from Coverdell education savings accounts to Roth individual retirement accounts (Roth IRAs); and (3) rename Coverdell education savings accounts as 401Kids Savings Accounts.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to improve and expand education savings accounts."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hate Crimes Commission Act of 2017''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Federal Bureau of Investigation defines a ``hate crime'' to be a criminal offense--such as murder, arson, or vandalism--against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. (2) Forty-five States and the District of Columbia have statutes criminalizing various types of bias-motivated violence or intimidation. (3) The Federal Government has had hate crimes statutes since 1968, with the most recent law enacted in 2009. (4) The impact of underreporting on hate crimes statistics hinders hate crimes prevention. (5) According to multiple, nonpartisan studies, hate crimes have increased sharply over the past year, with over 900 new hate incidents reported since November 2016. (6) The U.S. Commission on Civil Rights found that in 2016, there was a 6.7-percent increase in reported hate crimes since the prior year, one of the largest one-year increases in over a decade. (7) In May 2017, the FBI found that White supremacists and rightwing extremist groups were responsible for 49 deaths in 26 incidents between 2000 and 2016, the most of any domestic extremist group. The same report found that White supremacists and rightwing extremist groups were the largest threat of domestic terror, and were likely to continue to pose a lethal threat over the next year. (8) In February 2017, a White supremacist entered a bar in Kansas and shot at two Indian men, Srinivas Kuchibhotla and Alok Madasani while shouting racial epithets. Srinivas later died of his injuries. (9) The nonpartisan Center for the Study of Hate and Extremism documented 55 instances of anti-Semitism between January and March 2017 in New York City alone, a 189-percent increase from the same time period in 2016, and close to 100 bomb threats have been received by Jewish Community Centers and Schools. (10) Since January, there have been at least five attacks on LGBT centers across the country. (11) The White nationalist and neo-Nazi protests in Charlottesville, Virginia, on August 11-13, 2017, which resulted in 1 death and 20 injuries from a White nationalist driving his car into a group of counterprotesters, show the need for increased action to combat hate-based attacks. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the United States Commission on Hate Crimes (hereinafter in this act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of 12 members. Membership of the Commission shall be appointed in accordance with the following: (1) Two members shall be appointed by the majority leader of the Senate. (2) Two members shall be appointed by the minority leader of the Senate. (3) Two members shall be appointed by the Speaker of the House of Representatives. (4) Two members shall be appointed by the minority leader of the House of Representatives. (5) Two members shall be jointly appointed by the two appointing officials under paragraphs (1) through (4) who are members of, or caucus with, the Democratic Party. (6) Two members shall be jointly appointed by the two appointing officials under paragraphs (1) through (4) who are members of, or caucus with, the Republican Party. (7) Not more than 6 members of the Commission shall be from the law enforcement community and not more than 6 members of the Commission shall be of the civil rights community. (8) Not more than six of the members shall be of the same political party. SEC. 4. DUTIES OF THE COMMISSION. The Commission shall investigate the following: (1) If there has been an increase in hate crimes during the period beginning January 1, 2007, and ending 60 days after the date of enactment of this Act. (2) To the extent that any increase in the commission in hate crimes is determined to exist, what factors have contributed to such increase. (3) What policies or actions law enforcement agencies might adopt or engage in to reduce the commission of hate crimes. (4) The impact of underreporting on hate crimes statistics and hate crimes prevention. SEC. 5. REPORT. Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress and the President setting forth the results of the investigation under section 4. SEC. 6. DEFINITION. In this Act, the term ``hate crime'' means an offense under section 249 of title 18, United States Code.
Hate Crimes Commission Act of 2017 This bill establishes the United States Commission on Hate Crimes to investigate and report on: whether hate crimes have increased; factors that contributed to an increase in hate crimes, if one is determined to exist; policies or actions by law enforcement agencies to reduce hate crimes; and the impact of underreporting on hate crimes statistics and prevention.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Income Home Energy Security Tax Act''. SEC. 2. REFUNDABLE TAX CREDIT FOR RESIDENTIAL ENERGY COST ASSISTANCE. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. CREDIT FOR RESIDENTIAL ENERGY COST ASSISTANCE. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) 33 percent of the amount paid or incurred for residential energy costs by the taxpayer for each month such individual is an individual during such taxable year, or ``(2) $300. ``(b) Income Limitation.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for any taxable year (determined without regard to subsection (e)) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $35,000 ($70,000 in the case of a joint return), bears to ``(B) $10,000. ``(2) Determination of adjusted gross income.--For purposes of paragraph (1), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential energy costs.--The term `residential energy costs' means, with respect to any principal residence of the taxpayer located in the United States for any month, the sum of-- ``(A) the cost of any energy utility, plus ``(B) the cost of the purchase of any home energy fuel. ``(2) Reduction for grants.--The amount of residential energy costs which may be taken into account with respect to any month shall be reduced by any amount received by the taxpayer for such month for any residential energy cost under the Low-Income Home Energy Assistance program under title XXVI of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8621 et seq.). ``(3) Principal residence.--The term `principal residence' has the same meaning as in section 121, except that-- ``(A) no ownership requirement shall be imposed, and ``(B) the principal residence must be used by the taxpayer as the taxpayer's residence during the taxable year. ``(4) Homeowners associations.--The application of this section to homeowners associations (as defined in section 528(c)(1)) or members of such associations, and tenant- stockholders in cooperative housing corporations (as defined in section 216), shall be allowed by allocation, apportionment, or otherwise, to the individuals paying, directly or indirectly, for the residential energy cost so incurred. ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 2005, each of the dollar amounts contained in subsections (a)(2) and (b)(1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) in the case of-- ``(i) the dollar amount contained in subsection (a)(2), the fuel price inflation adjustment for the calendar year in which the taxable year begins, and ``(ii) the dollar amounts contained in subsection (b)(1)(A), the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Fuel price inflation adjustment.--For purposes of paragraph (1)(B)(i)-- ``(A) In general.--The fuel price inflation adjustment for any calendar year is the percentage (if any) by which-- ``(i) the CPI fuel component for October of the preceding calendar year, exceeds ``(ii) the CPI fuel component for October of 2004. ``(B) CPI fuel component.--The term `CPI fuel component' means the fuel component of the Consumer Price Index for All Urban Consumers published by the Department of Labor. ``(3) Rounding.-- ``(A) Credit amount.--If the dollar amount in subsection (a)(2) (after being increased under paragraph (1)), is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. ``(B) Income threshold.--If any dollar amount in subsection (b)(1)(A) (after being increased under paragraph (1)), is not a multiple of $50, such dollar amount shall be rounded to the next lowest multiple of $50. ``(e) Coordination With Advance Payments of Credit.--With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7529 for months beginning in such taxable year. ``(f) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section, section 6050U, and section 7529. ``(g) Applicability of Section.--This section shall apply to residential energy costs paid or incurred after the date of the enactment of this section, in taxable years ending after such date and before January 1, 2008.''. (b) Advance Payment of Credit.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7529. ADVANCE PAYMENT OF CREDIT FOR RESIDENTIAL ENERGY COSTS. ``(a) General Rule.--The Secretary shall establish a program for making payments on behalf of certified individuals to providers of residential energy (within the meaning of section 36(c)(1)) for such individuals. ``(b) Limitation on Advance Payments During Any Taxable Year.--The Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made on behalf of any individual during the taxable year does not exceed the amount of the credit allowable to such individual under section 36 for the taxable year. ``(c) Certified Individual.--For purposes of this section, the term `certified individual' means any individual for whom a qualified residential energy costs credit eligibility certificate is in effect. ``(d) Qualified Residential Energy Costs Credit Eligibility Certificate.--For purposes of this section, the term `qualified residential energy costs credit eligibility certificate' means any written statement if such statement provides such information as the Secretary may require for purposes of this section and is certified by the Low-Income Home Energy Assistance program official of the State in which such individual resides.''. (c) Information Returns.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information concerning transactions with other persons) is amended by adding at the end the following new section: ``SEC. 6050U. RETURNS RELATING TO CREDIT FOR RESIDENTIAL ENERGY COSTS. ``(a) Requirement of Reporting.--Every person who is entitled to receive payments for any month of any calendar year under section 7529 (relating to advance payment of credit for residential energy costs) with respect to any certified individual (as defined in section 7529(c)) shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to each such individual. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains-- ``(A) the name, address, and TIN of each individual referred to in subsection (a), ``(B) the number of months for which amounts were entitled to be received with respect to such individual under section 7529 (relating to advance payment of credit for residential energy costs), ``(3) the amount entitled to be received for each such month, and ``(4) such other information as the Secretary may prescribe. ``(c) Statements to Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and ``(2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.''. (d) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or'' before ``enacted'' and by inserting before the period at the end ``, or from section 36 of such Code''. (2) Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(21) Disclosure of return information for purposes of carrying out a program for advance payment of credit for residential energy costs.--The Secretary may disclose to providers of residential energy for any certified individual (as defined in section 7529(c)) return information with respect to such certified individual only to the extent necessary to carry out the program established by section 7529 (relating to advance payment of credit for residential energy costs).''. (e) Clerical Amendments.-- (1) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 35 and by adding at the end the following new items: ``Sec. 36. Credit for residential energy cost assistance. ``Sec. 37. Overpayments of tax.''. (2) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Advance payment of credit for residential energy costs.''. (3) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050U. Returns relating to credit for residential energy costs.''.
Low-Income Home Energy Security Tax Act - Amends the Internal Revenue Code to: (1) allow certain low-income individuals a refundable tax credit for residential energy costs; (2) provide for advance payments of such credit to providers of residential energy; and (3) require providers of residential energy to file informational returns for any advance tax credit payments received.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a refundable tax credit for residential energy cost assistance and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Firefighter's Relief Act''. SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO VOLUNTEER FIREFIGHTER SAVINGS ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. CONTRIBUTIONS TO VOLUNTEER FIREFIGHTER SAVINGS ACCOUNTS. ``(a) Deduction Allowed.-- ``(1) In general.--In the case of an individual who is a qualified volunteer firefighter, there shall be allowed as a deduction for the taxable year an amount equal to the contributions of the individual to a volunteer firefighter savings account of the individual for the taxable year. ``(2) Maximum annual amount.--The amount allowable as a deduction under subsection (a) to any individual for a taxable year shall not exceed $500. ``(b) Qualified Volunteer Firefighter.--For purposes of this section, the term `qualified volunteer firefighter' means an individual who, on the last day of the taxable year, is a member in good standing of a qualified volunteer fire department (as defined in section 150(e)). ``(c) Volunteer Firefighter Savings Account.--For purposes of this section, the term `volunteer firefighter savings account' means a trust created or organized in the United States for the exclusive benefit of an individual and the individual's beneficiaries, but only if the written governing instrument creating the trust meets the following requirements: ``(1) No contribution will be accepted unless it is in cash. ``(2) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(3) No part of the trust assets will be invested in life insurance contracts. ``(4) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(5) The interest of an individual in the balance of the individual's account is nonforfeitable. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount paid or distributed out of a volunteer firefighter savings account shall be included in the gross income of the payee or distributee for the taxable year in which the payment or distribution is received in the manner provided under section 72. ``(2) Excess contributions returned before due date of return.--Paragraph (1) shall not apply to the distribution of any contribution paid during a taxable year to a volunteer firefighter savings account to the extent that such contribution exceeds the amount allowable as a deduction under subsection (a) if-- ``(A) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, ``(B) no deduction is allowed under subsection (a) with respect to such excess contribution, and ``(C) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in subparagraph (C) shall be included in the gross income of the individual for the taxable year in which such excess contribution was made. ``(3) Rollover contributions.-- ``(A) In general.--Paragraph (1) shall not apply to any amount paid or distributed to an account holder from a volunteer firefighter savings account to the extent that the amount received is paid into an individual retirement plan (as defined in section 7701(37)) for the benefit of the account holder not later than the 60th day after the day on which the account holder receives the payment or distribution. ``(B) Limitation.--Subparagraph (A) shall not apply to any payment or distribution described in subparagraph (A) if, at any time during the 1-year period ending on the day of such receipt, such account holder received any other amount described in subparagraph (A) which was not includible in the account holder's gross income because of the application of subparagraph (A). ``(4) Investment in collectibles treated as distributions.--Rules similar to the rules of section 408(m) shall apply for purposes of this section. ``(e) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--A volunteer firefighter savings account is exempt from taxation under this subtitle unless such account has ceased to be a volunteer firefighter savings account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If the individual for whose benefit a volunteer firefighter savings account is established or any individual who contributes to such account engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be a volunteer firefighter savings account as of the first day of the taxable year (of the individual so engaging in such transaction) during which such transaction occurs. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be a volunteer firefighter savings account by reason of subparagraph (A) as of the first day of any taxable year, paragraph (1) of subsection (d) shall apply as if there was a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year, the individual for whose benefit a volunteer firefighter savings account is established uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to the individual so using such portion. ``(f) Special Rules.-- ``(1) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution to a volunteer firefighter savings account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(2) Death and divorce.--Rules similar to the rules of sections 401(a)(9), 401(a)(11), and 408(d)(6) shall apply for purposes of this section. ``(3) Community property laws.--This section shall be applied without regard to any community property laws. ``(g) Reports.--The trustee of a volunteer firefighter savings account shall make such reports regarding such account to the Secretary and to the account holder with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.''. (b) Allowance of Deduction in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Contributions to volunteer firefighter savings accounts.--The deduction allowed by section 222(a).''. (c) Additional Tax on Early Distributions.--Subsection (t) of section 72 of such Code (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended-- (1) in paragraph (1) by inserting ``or a volunteer firefighter savings account (as defined in section 220(c))'' after ``section 4974(c))'', and (2) in the heading by striking ``Qualified Retirement Plans'' and inserting ``Certain Tax-Favored Plans''. (d) Tax on Excess Contributions.--Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended-- (1) in subsection (a) by striking ``or'' at the end of paragraph (3), by inserting ``or'' at the end of paragraph (4), and by inserting after paragraph (4) the following new paragraph: ``(5) a volunteer firefighter savings account (as defined in section 222(c)),'', and (2) by adding at the end the following new subsection: ``(g) Excess Contributions to Volunteer Firefighter Savings Accounts.--For purposes of this section, in the case of a volunteer firefighter savings account, the term `excess contributions' means the sum of-- ``(1) the aggregate amount contributed for the taxable year to the account which is not allowable as a deduction under section 222 for such taxable year, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by-- ``(A) the distributions out of the accounts which were included in gross income under section 222(d)(1) for the taxable year, over ``(B) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the volunteer firefighter account in a distribution to which section 222(d)(2) applies shall be treated as an amount not contributed.''. (e) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(6) Special rule for volunteer firefighter savings accounts.--An individual for whose benefit a volunteer firefighter savings account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a volunteer firefighter savings account by reason of the application of section 222 to such account.'', and (2) in subsection (e)(1) by striking ``or'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following new subparagraph: ``(F) a volunteer firefighter savings account described in section 222, or''. (f) Failure To Provide Reports on Volunteer Firefighter Savings Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) section 222(g) (relating to volunteer firefighter savings accounts).''. (g) Conforming Amendments.-- (1) Paragraph (1) of section 408(a) is amended by inserting ``222(d)(3),'' before ``402(c)''. (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting the following new items: ``Sec. 222. Contributions to volunteer firefighter savings accounts. ``Sec. 223. Cross reference.'' (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
Volunteer Firefighter's Relief Act - Amends the Internal Revenue Code to allow, for a volunteer firefighter, an annual deduction (of up to $500) for contributions to a volunteer firefighter savings account.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Border Security Act''. SEC. 2. STATEMENT OF PURPOSE. It is the purpose of this Act to protect United States citizens from external threats by establishing and applying appropriate counterinsurgency tactics under a coordinated and targeted strategy to combat the terrorist insurgency in Mexico waged by transnational criminal organizations by utilizing cross-agency capabilities to-- (1) secure the United States-Mexico border through a secure border area; (2) curtail the ability of such organizations to finance their operations with United States funds in cities throughout the United States; and (3) increase the ability of the Government of Mexico to-- (A) reduce violence; (B) diminish corruption; (C) improve cooperation between military and law enforcement; (D) stabilize communities; and (E) fortify functioning government institutions. SEC. 3. FINDINGS. Congress finds the following: (1) Mexican drug cartels have evolved into transnational criminal organizations and diversified and expanded their illicit activities, including human smuggling, trafficking in stolen oil, weapons smuggling, extortion, kidnapping, and cybercrime. (2) Mexican drug cartels have increased their profits through various illicit activities and have become more resilient and dangerous organizations. Rough estimates of stolen oil proceeds range between $2 billion and $4 billion each year. According to the United Nations Office on Drugs and Crime (UNODC), approximately $6.6 billion annually is generated from human smuggling from Latin America to the United States. (3) A July 2011 White House report found that transnational criminal organizations have expanded and matured, threatening the security of citizens and the stability of governments throughout the region, with direct security implications for the United States. (4) An August 2011 Department of Justice National Drug Threat Assessment found that Mexican-based transnational criminal organizations were operating in more than 1,000 United States cities during 2009 and 2010. (5) On October 11, 2011, a foiled terrorist assassination plot of the Saudi Arabian Ambassador by members of the Iranian Islamic Revolutionary Guard Corps demonstrated the internationally recognized threat posed by Mexican drug cartel members at the United States-Mexico border. (6) The Merida Initiative, led by the Department of State, has failed to address the evolution of the drug trafficking organizations into transnational criminal organizations, the diversification of their illicit activities, and the systematic implementation of insurgency tactics that undermines the Mexican state and seeks to control the political space. (7) The Merida Initiative has faced implementation challenges and programmatic delays. A July 2010 Government Accountability Office report highlighted Merida Initiative delays associated with equipment deliveries as well as a lack of clear benchmarks for programmatic success. (8) The utilization of counterinsurgency tactics will focus on isolating Mexican transnational criminal organizations from their sources of power, such as drugs, money, human resources, and weapons, while addressing both military and non-military conditions and border conditions sustaining the insurgency, including corruption, infighting, financing, and human support. (9) The end goal of the coordinated and targeted strategy is to protect United States citizens from external threats through the empowering of a friendly and competent government that operates within international laws and regulations and is able to secure itself from internal threats. SEC. 4. DEFINITIONS. In this Act: (1) Terrorist insurgency.--The term ``terrorist insurgency'' means the protracted use of irregular warfare, including extreme displays of public violence utilized by transnational criminal organizations to influence public opinion and to undermine government control and rule of law in order to increase the control and influence of the organizations. (2) Transnational criminal organization or organization.-- The term ``transnational criminal organization'' or ``organization'' means a self-perpetuating association of individuals who-- (A) operate transnationally for the purpose of obtaining power, influence, monetary gain, or commercial gain wholly or in part by illegal means; and (B) protect their activities-- (i) through a pattern of corruption or violence; or (ii) through a transnational organizational structure and the exploitation of transnational commerce or communication mechanisms. SEC. 5. COUNTERINSURGENCY STRATEGY AND CONDITIONALITY. (a) Counterinsurgency Strategy.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, with the concurrence of the Secretary of Defense, the Secretary of Homeland Security, the Attorney General, the Secretary of the Treasury, and the Director of National Intelligence, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a counterinsurgency strategy that-- (1) defines and outlines the transnational criminal organizations in Mexico, their leaders, goals, objectives, evolution, key elements, and areas of influence; (2) provides an assessment of the terrain, population, ports, financial centers, and income-generating activities utilized by transnational criminal organizations; (3) assesses the capabilities of Mexico's federal law enforcement, military forces, state and local government institutions, and other critical elements, such as nongovernmental organizations that may organize to counter the threat posed by transnational criminal organizations; (4) describes operations of, or on behalf of, transnational criminal organizations within the United States, including information on trafficking activities, financial networks, and safe havens; (5) describes operations of transnational criminal organizations at the United States-Mexico border, the Mexico- Guatemala border, and other international borders, including operations relating to contraband, human support networks, financial support, and technological advancements; (6) utilizes information obtained under paragraphs (1) through (5) to coordinate with relevant United States agencies to address the operations of transnational criminal organizations within the United States, at the United States- Mexico border, and within Mexico to isolate such organizations from their sources of power in order to successfully combat the terrorist insurgency in Mexico; (7) includes-- (A) within the United States, a plan to combat the operations, financial networks, and money laundering techniques of transnational criminal organizations, including-- (i) a dramatic increase of the number of Mexican and Central American drug traffickers on the Specially Designated Nationals list; (ii) a report by the Office of Foreign Assets Control of the Department of the Treasury detailing the progress of designating Mexican and Central American individuals and entities supporting such organization on the Specially Designated Nationals list, as well as providing suggestions to help identify areas to further impact the financial networks of such organizations; (iii) increasing cooperation between the Department of Justice and State and local agencies responsible for firearms law enforcement; and (iv) development of a thorough, strict, and standardized accounting procedure for keeping track of Federal grant assistance provided to State and local law enforcement agencies for border security purposes; (B) at the United States-Mexico border, in coordination with the Government of Mexico and the Department of Homeland Security, a plan to address resources, technology, and infrastructure required to create a secure border area that establishes border security as a top priority of the Government of the United States, including-- (i) doubling the number of Border Patrol agents over the number in existence as of the date of the enactment of this Act, or as determined by the Secretary of Homeland Security, in a comprehensive report on the best use of resources, technology, and infrastructure to secure the border; (ii) development of a plan to build additional infrastructure to support Border Patrol activities along the border that would enhance security in hard-to-enforce areas, such as roads and tactical double layered fencing as determined by the Secretary of Homeland Security; (iii) determining technology required to support Border Patrol activities in reducing unlawful movement of goods and people at the border, including cameras, radars, sensors, and unmanned aerial vehicles; (iv) a report by the Attorney General that provides a policy that standardizes the threshold for prosecution of border-related offenses by the United States Attorney's Office; (v) a plan to develop a joint United States-Mexico program to increase intelligence gathering utilizing classified technologies; and (vi) increased use of Border Patrol Special Response Teams that concentrate on high- priority threats, including weapons and bulk cash smuggling, and high-potency, high-cash- value drugs along the border; and (C) within Mexico, in coordination with the Government of Mexico, the development of a multi-agency action plan, including-- (i) development of strong rule-of-law institutions to provide security for people and businesses in Mexico by-- (I) increasing coordination among military and law enforcement agencies focused on establishing and expanding secure areas around key population centers; (II) increasing knowledge of best practices for combating such organizations, incorporating United States military and law enforcement lessons learned, worldwide counterinsurgency experts in training programs, and as appropriate, training carried out by international law enforcement academies; and (III) securing the environment, as recommended in separate reports by the Secretary of Defense and the Director of National Intelligence; (ii) diminish support for transnational criminal organizations by-- (I) instituting programs to strengthen governance and rule of law, such as promoting a culture of lawfulness and providing incentives to United States businesses operating in Mexico that promote and support culture of lawfulness efforts; (II) developing safe communities for families and youth by enhancing and recreating successful youth programs and anti-drug coalitions, enhancing public education regarding the activities of such organizations, and promoting economic development; and (III) promoting the creation and enhancement of the institutions of good local governance; and (iii) neutralize transnational criminal organizations by-- (I) re-evaluating threats within Mexican regions in order to assign a specialized task force to key regions designed to concentrate on high- priority targets and separate such organizations from their sources of support; (II) requesting the support of United States military advisors to assist the Mexican regional task forces; and (III) supporting Mexican federal law enforcement operations that provide services to the population while gathering raw intelligence and providing such intelligence to regional task forces; and (8) includes a report on Mexican and Central American extradition requests and extraditions carried out. (b) Updates.-- (1) Office of foreign assets control.--The Office of Foreign Assets Control of the Department of the Treasury shall submit to the congressional committees specified in subsection (a) updates on a quarterly basis of the information required to be included in the counterinsurgency strategy under subsection (a)(7)(A)(ii). (2) Secretary of state.--The Secretary of States shall submit to the congressional committees specified in subsection (a) updates on a quarterly basis of the information required to be included in the counterinsurgency strategy under subsection (a)(8). (c) Withholding of Funds.--Notwithstanding any other provision of law, if the Secretary of State does not submit the counterinsurgency strategy required under subsection (a) in accordance with such subsection, then 20 percent of the amounts otherwise made available to the Department of State for fiscal year 2012 shall be withheld from obligation and expenditure until such time as the strategy is submitted in accordance with such subsection. SEC. 6. FUNDING FOR DEVELOPMENT AND IMPLEMENTATION OF COUNTERINSURGENCY STRATEGY. Notwithstanding any other provision of law, funds made available to the Department of State for the Merida Initiative are authorized to be made available to develop and implement the counterinsurgency strategy required under section 5(a).
Enhanced Border Security Act - Directs the Secretary of State to submit to Congress a counterinsurgency strategy that: (1) outlines the transnational criminal organizations in Mexico; (2) assesses Mexico's capabilities to counter such organizations; (3) describes such organizations' operations in the United States and at the U.S. and international borders, and presents a plan to combat their operations and financial networks; and (4) utilizes all such information to combat the terrorist insurgency in Mexico. Requires the Secretary and the Office of Foreign Assets Control of the Department of the Treasury to update such strategy reports quarterly.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act'' or the ``PREEMIE Act''. SEC. 2. PURPOSE. It is the purpose of this Act to-- (1) reduce rates of preterm labor and delivery; (2) work toward an evidence-based standard of care for pregnant women at risk of preterm labor or other serious complications, and for infants born preterm and at a low birthweight; and (3) reduce infant mortality and disabilities caused by prematurity. SEC. 3. RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND THE CARE, TREATMENT, AND OUTCOMES OF PRETERM AND LOW BIRTHWEIGHT INFANTS. (a) General Expansion of CDC Research.--Section 301 of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``(e) The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with respect to preterm labor and delivery and infant mortality.''. (b) Studies on Relationship Between Prematurity and Birth Defects.-- (1) In general.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall, subject to the availability of appropriations, conduct ongoing epidemiological studies on the relationship between prematurity, birth defects, and developmental disabilities. (2) Report.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the appropriate committees of Congress reports concerning the progress and any results of studies conducted under paragraph (1). (c) Pregnancy Risk Assessment Monitoring Survey.-- (1) In general.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall establish systems for the collection of maternal- infant clinical and biomedical information, including electronic health records, electronic databases, and biobanks, to link with the Pregnancy Risk Assessment Monitoring System (PRAMS) and other epidemiological studies of prematurity in order to track pregnancy outcomes and prevent preterm birth. (2) Authorization of appropriations.--There is authorized to be appropriated to carry out paragraph (1) $3,000,000 for each of fiscal years 2007 through 2011. (d) Evaluation of Existing Tools and Measures.--The Secretary of Health and Human Services shall review existing tools and measures to ensure that such tools and measures include information related to the known risk factors of low birth weight and preterm birth. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, except for subsection (c), $5,000,000 for each of fiscal years 2007 through 2011. SEC. 4. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended-- (1) by redesignating the second section 399O (relating to grants to foster public health responses to domestic violence, dating violence, sexual assault, and stalking) as section 399P; and (2) by adding at the end the following: ``SEC. 399Q. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES. ``(a) In General.--The Secretary, directly or through the awarding of grants to public or private nonprofit entities, may conduct demonstration projects for the purpose of improving the provision of information on prematurity to health professionals and other health care providers and the public and improving the treatment and outcomes for babies born preterm. ``(b) Activities.--Activities to be carried out under the demonstration project under subsection (a) may include the establishment of-- ``(1) programs to test and evaluate various strategies to provide information and education to health professionals, other health care providers, and the public concerning-- ``(A) the signs of preterm labor, updated as new research results become available; ``(B) the screening for and the treating of infections; ``(c) counseling on optimal weight and good nutrition, including folic acid; ``(D) smoking cessation education and counseling; ``(E) stress management; and ``(F) appropriate prenatal care; ``(2) programs to improve the treatment and outcomes for babies born premature, including the use of evidence-based standards of care by health care professionals for pregnant women at risk of preterm labor or other serious complications and for infants born preterm and at a low birthweight; ``(3) programs to respond to the informational needs of families during the stay of an infant in a neonatal intensive care unit, during the transition of the infant to the home, and in the event of a newborn death; and ``(4) such other programs as the Secretary determines appropriate to achieve the purpose specified in subsection (a). ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2007 through 2011.''. SEC. 5. INTERAGENCY COORDINATING COUNCIL ON PREMATURITY AND LOW BIRTHWEIGHT. (a) Purpose.--It is the purpose of this section to stimulate multidisciplinary research, scientific exchange, and collaboration among the agencies of the Department of Health and Human Services and to assist the Department in targeting efforts to achieve the greatest advances toward the goal of reducing prematurity and low birthweight. (b) Establishment.--The Secretary of Health and Human Services shall establish an Interagency Coordinating Council on Prematurity and Low Birthweight (referred to in this section as the Council) to carry out the purpose of this section. (c) Composition.--The Council shall be composed of members to be appointed by the Secretary, including representatives of the agencies of the Department of Health and Human Services. (d) Activities.--The Council shall-- (1) annually report to the Secretary of Health and Human Services and Congress on current Departmental activities relating to prematurity and low birthweight; (2) carry out other activities determined appropriate by the Secretary of Health and Human Services; and (3) oversee the coordination of the implementation of this Act. SEC. 6. SURGEON GENERAL'S CONFERENCE ON PRETERM BIRTH. (a) Convening of Conference.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Surgeon General of the Public Health Service, shall convene a conference on preterm birth. (b) Purpose of Conference.--The purpose of the conference convened under subsection (a) shall be to-- (1) increase awareness of preterm birth as a serious, common, and costly public health problem in the United States; (2) review the findings and reports issued by the Interagency Coordinating Council, key stakeholders, and any other relevant entities; and (3) establish an agenda for activities in both the public and private sectors that will speed the identification of, and treatments for, the causes of and risk factors for preterm labor and delivery. (c) Report.--The Secretary of Health and Human Services shall submit to the Congress and make available to the public a report on the agenda established under subsection (b)(3), including recommendations for activities in the public and private sectors that will speed the identification of, and treatments for, the causes of and risk factors for preterm labor and delivery. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section (other than subsection (c)) $125,000. SEC. 7. EFFECTIVE DATE OF CERTAIN HEAD START REGULATIONS. Section 1310.12(a) of title 45 of the Code of Federal Regulations (October 1, 2004) shall not be effective until June 30, 2007, or 60 days after the date of the enactment of a statute that authorizes appropriations for fiscal year 2007 to carry out the Head Start Act, whichever date is earlier. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or the PREEMIE Act - (Sec. 3) Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) expand and coordinate CDC activities on preterm labor and delivery and infant mortality; (2) conduct ongoing epidemiological studies on the relationship between prematurity, birth defects, and developmental disabilities; and (3) establish systems for the collection of maternal-infant clinical biomedical information to link with the Pregnancy Risk Assessment Monitoring System. Requires the Secretary to review existing tools and measures to ensure that such tools and measures include information related to the known risk factors of low birth weight and preterm birth. (Sec. 4) Allows the Secretary to conduct demonstration projects to improve: (1) the provision of information on prematurity to health professionals and the public; and (2) treatment and outcome for babies born preterm. (Sec. 5) Requires the Secretary to establish an Interagency Coordinating Council on Prematurity and Low Birthweight. (Sec. 6) Directs the Secretary, acting through the Surgeon General, to convene a conference on preterm birth. Authorizes appropriations. (Sec. 7) Delays (until the earlier of June 30, 2007, or 60 days after enactment of a FY2007 authorization of appropriations to carry out the Head Start Act) the effective date of regulations requiring agencies providing transportation services to ensure that children enrolled in Head Start are transported in school buses or allowable alternate vehicles that: (1) are equipped for use of height- and weight-appropriate child restraint systems; and (2) have reverse beepers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Old Mint Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the San Francisco Old Mint played an important role in the history of the Nation; (2) the San Francisco Old Mint was established to convert miners' gold from the California gold rush into coins; (3) the San Francisco Old Mint Building was designed by architect A.B. Mullett, who also designed the United States Treasury Building and the Old Executive Office Building; (4) the solid construction of the San Francisco Old Mint Building enabled it to survive the 1906 San Francisco earthquake and fire, making it the only financial institution that was able to operate immediately after the earthquake and the treasury for disaster relief funds for the city of San Francisco; (5) coins struck at the San Francisco Old Mint are distinguished by the ``S'' Mint Mark; (6) the San Francisco Old Mint is famous for many rare, legendary issues, such as the 1870-S $3 coin, which is valued today at well over $1,000,000; and (7) the San Francisco Old Mint Commemorative Coin will be the first commemorative coin to honor a mint. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the San Francisco Old Mint, the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, each of which shall-- (A) weigh 8.359 grams; (B) have a diameter of .850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent alloy. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--All coins minted under this Act shall be considered to be numismatic items for purposes of section 5134 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. The Secretary may obtain gold and silver for minting coins under this Act from any available source. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the San Francisco Old Mint Building, its importance to California and the history of the United States, and its role in rebuilding San Francisco after the 1906 earthquake and fire. (2) Designation and inscriptions.--Each coin minted under this Act shall contain-- (A) a designation of the value of the coin; (B) an inscription of the year ``2006''; and (C) inscriptions of the words-- (i) ``Liberty''; (ii) ``In God We Trust''; (iii) ``United States of America''; and (iv) ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Commission of Fine Arts and the Board of the San Francisco Museum and Historical Society; (2) reviewed by the Citizens Commemorative Coin Advisory Committee; and (3) reviewed by the Board of the San Francisco Museum and Historical Society. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2006, and ending on December 31, 2006. (c) Mint Facility.--The coins authorized under this section shall be struck at the San Francisco Mint to the greatest extent possible. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) a surcharge in an amount equal to-- (A) $35 per coin for the $5 coin; and (B) $10 per coin for the $1 coin; and (3) the per capita cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--Subject to section 5134(f) of title 31, United States Code, all proceeds received by the Secretary from any surcharge imposed on the sale of coins issued under this Act shall be paid by the Secretary to the San Francisco Museum and Historical Society. (b) Audits.--As a condition of receiving payments under subsection (a), the San Francisco Museum and Historical Society shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.
San Francisco Old Mint Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 coins and 500,000 $1 coins emblematic of the San Francisco Old Mint Building, its importance to California and U.S. history, and its role in rebuilding San Francisco after the 1906 earthquake and fire.Requires that all proceeds received by the Secretary from any surcharge imposed on the sale of coins issued under this Act be paid to the San Francisco Museum and Historical Society.
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SECTION 1. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 1635. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. ``(a) In General.--The Secretary, in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional water recycling project described in the report submitted under section 1606. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000.''. (b) Conforming Amendment.--The table of sections in section 2 of such Act is amended by inserting after the item relating to section 1634 the following: ``Sec. 1635. Inland Empire Regional Water Recycling Project.''. SEC. 2. REGIONAL BRINE LINES. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1636. REGIONAL BRINE LINES. ``(a) In General.-- ``(1) Southern california.--The Secretary, in cooperation with units of local government, may carry out a program under the Federal reclamation laws to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean as identified in-- ``(A) the Salinity Management Study prepared by the Bureau of Reclamation and the Metropolitan Water District of Southern California; and ``(B) the Southern California Comprehensive Water Reclamation and Reuse Study prepared by the Bureau of Reclamation. ``(2) San francisco bay and santa clara valley.--The Secretary may carry out a study of, and a program under the Federal reclamation laws to assist water agencies in, projects to construct regional brine lines in the San Francisco Bay area and the Santa Clara Valley area, California. ``(b) Agreements and Regulations.--The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. ``(c) Cost Sharing.-- ``(1) Projects.--The Federal share of the cost of a project to construct regional brine lines described in subsection (a) shall not exceed-- ``(A) 25 percent of the total cost of the project; or ``(B) $50,000,000. ``(2) Study.--The Federal share of the cost of the study described in subsection (a)(2) shall be 50 percent. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a).''. (b) Conforming Amendment.--The table of sections in section 2 of such Act is further amended by inserting after the item relating to section 1635 the following: ``Sec. 1636. Regional brine lines.''. SEC. 3. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1637. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. ``(a) In General.--The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, the Western Municipal Water District, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $50,000,000. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Conforming Amendment.--The table of sections in section 2 of such Act is further amended by inserting after the item relating to section 1636 the following: ``Sec. 1637. Lower Chino Dairy Area desalination demonstration and reclamation project.''.
Sets forth limits respecting the Federal cost share of such projects and study. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia-Maryland Reunion Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Residents of Washington, DC pay Federal income tax, but do not have voting members in the United States Congress. (2) Article I, section 2, clause 1 of the United States Constitution states that the ``House of Representatives shall be composed of members chosen every second year by the people of the several states.''. (3) The Founding Fathers did not consider the proposed district that would become Washington, DC a State under the Constitution, as evidenced when Alexander Hamilton offered an amendment to the Constitution during the New York ratification to provide full congressional representation to Washington, DC, but the convention rejected the amendment on July 22, 1788. Thomas Tredwell stated at the same convention that the plan for Washington, DC ``departs from every principle of freedom'' because it did not give residents full representation in Congress. (4) Chief Justice Marshall held in Hepburn v. Ellzey in 1805 that the term ``states'' in article I, section 2, clause 1 of the Constitution does not include Washington, DC for representation purposes. (5) Seven Supreme Court Justices affirmed Chief Justice Marshall's Hepburn reasoning in National Mut. Ins. Co. of Dist. of Col. v. Tidewater Transfer Co. in 1949. (6) A Democrat-controlled Congress in 1978 attempted to amend the Constitution to provide Washington, DC with full congressional representation. The Committee on the Judiciary of the House of Representatives reported the resolution and stated that granting congressional representation to the District of Columbia as it is presently constituted would require a constitutional amendment, because ``statutory action alone will not suffice''. (7) Proposals to grant Washington, DC congressional representation will inevitably be challenged in court, calling into question the validity of any narrowly passed legislation that a Washington, DC member votes on and leaving Washington, DC residents in a continued state of flux over their status. (8) Amending the Constitution requires two-thirds approval by each house of Congress and ratification by three-fourths of the States. In 1978, there was success in obtaining a favorable vote from two-thirds of both the House and the Senate on a constitutional amendment to provide Washington, DC with full congressional representation, but the requirement for ratification by three-fourths of the States could not be obtained. (9) An alternative to a potentially lengthy and difficult constitutional amendment process is ceding Washington, DC back to Maryland, just as an area of 31 square miles that was originally ceded by Virginia was returned to that State by Federal legislation in 1847, thereby ensuring that the portion of Washington, DC in Virginia would have Senate and House representation. (10) In 1847, there was a desire to allow the District of Columbia land on the west side of the Potomac River that was not being used by the Federal Government to have its own proper representation in Congress. (11) Obtaining the desired representation for this portion of Washington, DC would have required a constitutional amendment unless the land were given back to Virginia. (12) Instead of trying to pass a constitutional amendment, Congress in 1847 legislatively ceded back to Virginia from the District of Columbia the non-Federal land composed of 31 square miles on the west side of the Potomac River. (13) Accordingly, the District of Columbia would clearly and constitutionally have 2 Senators and a Representative with full voting rights by ceding the District of Columbia to Maryland after Maryland's acceptance of such retrocession, while maintaining the exclusive legislative authority and control of Congress over the National Capital Service Area in the District of Columbia. SEC. 3. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND. (a) In General.--Upon the issuance of a proclamation by the President under section 8 and except as provided in subsection (b), the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States is ceded and relinquished to the State of Maryland. (b) Continuation of Federal Control Over National Capital Service Area.--Notwithstanding subsection (a), the National Capital Service Area described in section 5 shall not be ceded and relinquished to the State of Maryland and shall continue to serve as the permanent seat of the Government of the United States, and Congress shall continue to exercise exclusive legislative authority and control over such Area. SEC. 4. EFFECT ON JUDICIAL PROCEEDINGS IN DISTRICT OF COLUMBIA. (a) Continuation of Suits.--No writ, action, indictment, cause, or proceeding pending in any court of the District of Columbia on the effective date of this Act shall abate as a result of the enactment of this Act, but shall be transferred and shall proceed within such appropriate court of the State of Maryland as established under the laws or constitution of the State of Maryland. (b) Appeals.--An order or decision of any court of the District of Columbia for which no appeal has been filed as of the effective date of this Act shall be considered an order or decision of a court of the State of Maryland for purposes of appeal from and appellate review of such order or decision in an appropriate court of the State of Maryland. SEC. 5. NATIONAL CAPITAL SERVICE AREA. (a) Description.--The National Capital Service Area referred to in section 3(b) is comprised of the principal Federal monuments, the White House, the United States Capitol, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the United States Capitol (but shall not include the District Building), and is more particularly described as the territory located within the following boundaries: Beginning at the point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east of the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Nineteenth Street Northwest; thence north on Nineteenth Street Northwest to F Street Northwest; thence east on F Street Northwest to Eighteenth Street Northwest; thence south on Eighteenth Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to Seventeenth Street Northwest; thence north on Seventeenth Street Northwest to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to Tenth Street Northwest; thence north on Tenth Street Northwest to E Street Northwest; thence east on E Street Northwest to Ninth Street Northwest; thence south on Ninth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Second Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to C Street Northeast; thence east on C Street Northeast to Third Street Northeast; thence south on Third Street Northeast to Maryland Avenue Northeast; thence south and west on Maryland Avenue Northeast to Constitution Avenue Northeast; thence west on Constitution Avenue Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to East Capitol Street; thence east on East Capitol Street to Third Street Northeast; thence south on Third Street Northeast to Independence Avenue Southeast; thence west on Independence Avenue Southeast to Second Street Southeast; thence south on Second Street Southeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Washington Avenue Southwest; thence north and west on Washington Avenue Southwest to the intersection of Independence Avenue Southwest and Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence south on Sixth Street Southwest to E Street Southwest; thence west on E Street Southwest to Seventh Street Southwest; thence north on Seventh Street Southwest to Maryland Avenue Southwest; thence west on Maryland Avenue Southwest to Ninth Street Southwest; thence north on Ninth Street Southwest to Independence Avenue Southwest; thence west on Independence Avenue Southwest to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the midchannel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northernmost point of the Eleventh Street Bridge; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning. (b) Streets and Sidewalks.--The National Capital Service Area shall include any street (and sidewalk thereof) that bounds such Area. (c) Affronting or Abutting Federal Real Property.-- (1) In general.--The National Capital Service Area shall include any Federal real property affronting or abutting such Area as of the effective date of this Act. (2) Property included.--For purposes of paragraph (1), Federal real property affronting or abutting the National Capital Service Area-- (A) shall include the Department of Housing and Urban Development Building, the Department of Energy Building, Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and (B) shall not include any portion of Rock Creek Park, any portion of Anacostia Park east of the northern side of the Eleventh Street Bridge, or any territory not located in the District of Columbia on the day before the date of the enactment of this Act. SEC. 6. TRANSITION PROVISIONS RELATING TO HOUSE OF REPRESENTATIVES. (a) Temporary Increase in Apportionment.-- (1) In general.--Until the taking effect of the first reapportionment occurring after the effective date of this Act-- (A) the individual serving as the Delegate to the House of Representatives from the District of Columbia shall serve as a member of the House of Representatives from the State of Maryland; (B) the State of Maryland shall be entitled to 1 additional Representative until the taking effect of such reapportionment; and (C) such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law. (2) Increase not counted against total number of members.-- The temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13; 2 U.S.C. 2), nor shall such temporary increase affect the basis of reapportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for the 82nd Congress and each Congress thereafter. (b) Repeal of Laws Providing for Delegate From the District of Columbia.-- (1) In general.--Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1- 402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (2) Effective date.--The amendments made by this subsection shall take effect on the date on which the individual serving as the Delegate to the House of Representatives from the District of Columbia first serves as a member of the House of Representatives from the State of Maryland. SEC. 7. EFFECT ON OTHER LAWS. No law or regulation which is in force on the effective date of this Act shall be deemed amended or repealed by this Act except to the extent specifically provided in this Act, or to the extent that such law or regulation is inconsistent with this Act. SEC. 8. PROCLAMATION REGARDING ACCEPTANCE OF RETROCESSION BY MARYLAND. (a) Proclamation by State of Maryland.--Not later than 30 days after the State of Maryland enacts legislation accepting the retrocession described in section 3(a), the President shall issue a proclamation announcing such acceptance and declaring that the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States has been ceded back to the State of Maryland. (b) Report by Congressional Budget Office on Economic Impact.-- (1) In general.--The Director of the Congressional Budget Office shall prepare a report analyzing the anticipated economic impact on the State of Maryland of the State's acceptance of the retrocession described in section 3(a), including the anticipated effect on the budgets of the State government and local governments, and shall submit the report to Congress and the governor of Maryland. (2) Delay in enactment of legislation.--The State of Maryland may not enact legislation accepting the retrocession described in section 3(a) until the expiration of the 1-year period which begins on the date the Director of the Congressional Budget Office submits the report prepared under paragraph (1) to the governor of Maryland. SEC. 9. EFFECTIVE DATE. The provisions of this Act and the amendments made by this Act shall take effect on the date the President issues a proclamation under section 8 or the date of the ratification of an amendment to the Constitution of the United States repealing the twenty-third article of amendment to the Constitution, whichever comes later.
District of Columbia-Maryland Reunion Act - Cedes the District of Columbia to Maryland after Maryland's acceptance of such retrocession. Declares that the National Capital Service Area in the District of Columbia shall not be ceded and relinquished to such state and shall continue to serve as the permanent seat of the federal government. Maintains the exclusive legislative authority and control of Congress over the Area.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Workers' Bill of Rights''. SEC. 2. NATIONAL LABOR RELATIONS ACT. (a) Recognition of Representative.-- (1) In general.--Section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting before the colon the following: ``or to recognize or bargain collectively with a labor organization that has not been selected by such employees in a secret ballot election conducted in accordance with section 9''. (2) Application.--The amendment made by subsection (a) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of this Act. (b) Limitation on Dues Collection Agreement.--Section 8(a)(3) of the National Labor Relations Act (29 U.S.C. 158(a)(3)) is amended to read as follows: ``(3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage membership in any labor organization: Provided, That nothing in this Act, or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in this subsection as an unfair labor practice) to require as a condition of employment payment of dues or a fee equal to that portion of dues actually spent on collective bargaining representation of the employees in the collective bargaining unit covered by such agreement on or after the 30th day following the beginning of such employment or the effective date of such agreement, whichever is the later (A) if such labor organization is the representative of the employees as provided in section 9(a) in the appropriate collective- bargaining unit covered by such agreement when made, (B) if such agreement provides that employees are allowed to elect to pay a reduced fee instead of dues at any reasonable time, but not less than once per month, by notifying at any time their collective bargaining representative of this election and that all employees covered by such arrangement are clearly notified of their rights by the labor organization under this paragraph in a separate written notice delivered personnally or by mail upon hiring and thereafter not less than once each year, and (C) unless following an election held as provided in section 9(e) within one year preceding the effective date of such agreement, the Board shall have certified that a majority voting in such election have voted to rescind the authority of such labor organization to make such an agreement: Provided further, That no employer shall justify any discrimination against an employee for nonmembership in a labor organization (i) if he has reasonable grounds for believing that membership was not available to the employee on the same terms and conditions generally applicable to other members, or (ii) if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership.''. (c) Membership Right To Vote on Contracts.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of the paragraph (7) and inserting a semicolon; and (3) by adding at the end the following: ``(8) to strike an employer unless the employees of the collective bargaining unit engaged in the strike have voted by secret ballot to reject the last contract offer proposed by such employer; and''. (d) Election Required.-- (1) In general.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)), as amended by subsection (c) of this section, is amended by adding at the end the following: ``(9) to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by such employees in a secret ballot election conducted in accordance with section 9.''. (2) Application.--The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of this Act. (e) Secret Ballot Election.--Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)), is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by inserting after ``designated or selected'' the following: ``by a secret ballot election conducted in accordance with this section''; and (3) by adding at the end the following: ``(2) Paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of the Workers' Bill of Rights Act.''. (f) Contract Bar.--Section 9(c)(1) of the National Labor Relations Act (29 U.S.C. 159(c)(1)) is amended by adding at the end the following sentence: ``The Board shall not refrain to direct an election under this section on the grounds of the existence of a collective bargaining contract that became effective 1 or more years before the filing of a petition for such election.''. (g) Deauthorization of Union Security Agreements.--Section 9(e)(1) of the National Labor Relations Act (29 U.S.C. 159(e)(1)) is amended by adding at the end the following sentence: ``Such authority shall be rescinded if a majority of the ballots cast vote to rescind the authority.''. (h) Enforcement of Limitation on Dues Agreement.--Section 10 of the National Labor Relations Act (29 U.S.C. 160) is amended-- (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following: ``(m) Money Damages.-- ``(1) Liability.--If an employee disputes the amount of fees collected by the labor organization under an agreement with the employer under section 8(a)(3), such employee may bring a civil action against the labor organization-- ``(A) for total damages, for each employee, equal to-- ``(i) 10 times the amount of fees taken in violation of this section; ``(ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and ``(iii) not more than $1,500 in punitive damages; and ``(B) for such equitable relief as may be appropriate. ``(2) Right of action.--An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any labor organization in any Federal court of competent jurisdiction by any one or more employees for and on behalf of-- ``(A) the employees; or ``(B) the employees and other employees similarly situated. ``(3) Fees and costs.--The court in such action shall, in addition to any judgment awarded to the plaintiff, allow for reasonable attorney's fee, expert witness fees, and other costs of the action to be paid by the defendant. ``(4) Limitation.--An action may be brought under this subsection not later that 2 years after the date the employee knew or should have known that dues or fees were accepted or spent by a labor organization in violation of this Act, except that such period shall be extended to 3 years in the case of a willful violation by a labor organization.''. SEC. 3. LABOR MANAGEMENT AND REPORTING ACT. (a) Recipients of Federal Funds.--Section 3(e) of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 402(e)) is amended-- (1) by striking ``Employer'' and inserting ``(1) Except as provided in paragraph (2), employer''; and (2) by adding at the end the following new paragraph: ``(2) Notwithstanding the exclusion in paragraph (1), an employer shall also include any employer or any group or association of employers that receives Federal funds.''. (b) Disclosure.--Section 3 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 402) is amended by adding at the end the following new subsection: ``(s) `Core dues payer' means any employee, other than a member, who pays dues, fees or assessments to a labor organization as a result of an agreement between an employer and a labor organization.''. (c) Voting.--Section 101(a) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 411(a)) is amended-- (1) in paragraph (1)-- (A) by inserting ``(A)'' after ``(a)(1)''; and (B) by striking ``Rights'' in the heading and inserting ``rights for members''; (2) by inserting after paragraph (1)(A) (as designated by paragraph (1)(A) of this subsection) the following new subparagraph: ``(B) Rights for core dues payers.--Every core dues payer shall have the same right as any member of the labor organization to participate in any vote that concerns a strike by the bargaining unit in which such employee is employed or that concerns the wages, benefits, or working conditions of the employees of such bargaining unit.''. (d) Availability of Information.--Section 201(c) of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(c)) is amended to read as follows: ``(c) Availability of Information to Members; Examination of Books, Records and Accounts.--Each labor organization required to submit a report under this title, shall make available the information required to be contained in such report to all of its members and core dues payers, and every such labor organization and its officers shall be under a duty enforceable at the competent jurisdiction or in the district court of the United States for the district in which such labor organization maintains its principal office, to permit such member or core dues payer to examine any books, records, and accounts necessary to verify such report, unless the labor organization shows that such examination is initiated primarily for vexatious purposes.''. (e) Purposes of Establishment of Trusteeship.-- (1) Trusteeship.--Section 302 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 462) is amended-- (A) by inserting ``(a)'' before ``Trusteeships''; and (B) by adding at the end the following: ``(b)(1) Except as provided in paragraph (2), a trusteeship may be authorized only after a fair hearing either before the executive board or such other body as may be provided by the constitution and bylaws of the labor organization and only if, in such hearing, the labor organization establishes by the preponderance of evidence that the trusteeship is necessary for a purpose allowable under this section. ``(2) If immediate action is necessary to fulfill the purposes of this section, a temporary trusteeship may be established, for not more than 30 days, pending a hearing under paragraph (1).''. (2) Enforcement.--Section 304(c) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 464(c)) is amended to read as follows: ``(c) Eighteen months after the authorization of a trusteeship, such trusteeship shall be presumed invalid in any proceeding pursuant to this section and its discontinuance shall be decreed unless the labor organization shall show by clear and convincing proof that the continuation of the trusteeship is necessary for a purpose allowable under section 302. In the latter event the court may dismiss the complaint or retain jurisdiction of the cause on such conditions and for such period as it deems appropriate.'' (3) Dissolution of trusteeship.--Section 304 of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 464) is amended by adding at the end the following: ``(d) Upon dissolution of a trusteeship, the previously elected officers of the local union shall be reinstated or a new election promptly held in conformity with title IV. If the trusteeship is dissolved by order of a court pursuant to this title, and the court orders an election, such election shall be conducted under the supervision of the court.''. (f) Elections.-- (1) Membership lists.--Section 401(c) of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 481(c)) is amended-- (A) by striking ``30 days'' and inserting ``60 days''; and (B) by striking ``to inspect a list'' and inserting ``to inspect and, upon request, to be provided with a copy of a list''. (2) District council officers.--Section 401(d) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 481(d)) is amended to read as follows: ``(d) Officers of intermediate bodies, such as general committees, system boards, joint boards or joint councils who engage in negotiation, administration or enforcement of collective agreements, or exercise control over the finances or other major functions of local unions, shall be elected not less often than once every 4 years by secret ballot among members in good standing. Officers of other intermediate bodies may be elected by representatives of such members who have been elected by secret ballot by members in good standing.''. (3) Qualifications.--Section 401(e) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 481(e)) is amended by striking ``and to reasonable qualifications uniformly imposed'' and by inserting after ``eligible to be a candidate'' the following: ``(subject to reasonable qualifications which do not exclude a majority of the members and which are uniformly imposed)''. (4) Overturning.--Section 402(c)(2) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 482(c)(2)) is amended by striking ``affected the outcome of an election'' and inserting ``substantially understated or overstated the support of one of the candidates for office to the point that the democratic purposes of the election were undermined''. (g) Intervention of Secretary.--Section 501(b) of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 501) is amended by adding the following sentence: ``The Secretary may intervene in a suit filed under this section if the Secretary determines it is appropriate.''. (h) Civil Money Penalties.--Title VI of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 521, et seq.) is amended-- (1) by redesignating section 611 as section 612; and (2) by inserting after section 610 the following: ``SEC. 611. CIVIL MONEY PENALTIES. ``(a) In General.--The Secretary, upon finding a violation of either sections 201(a), 201(b), 202, 203, or 301 of this Act, may require the person, labor organization, or employer responsible for such violation to pay a civil money penalty in an amount determined under a schedule of penalties which is established and published by the Secretary and which takes into account the nature of the violation involved, the revenues of, and the existence of previous violations of the Act by, the person, labor organization or employer involved, and such other factors as the Secretary considers appropriate. ``(b) Notice.--The Secretary may not make any determination adverse to a person, labor organization, or employer under subsection (a) until such person, labor organization, or employer is given written notice and an opportunity to be heard before the Secretary or designee. Procedures for such notice, opportunity to be heard, decision and review shall be as set forth under sections 208 and 606. A request for review shall be filed in Federal district court not later than 30 days after receipt of an adverse determination.''. SEC. 4. REGULATIONS. Not later than 6 months after the date of the enactment of this Act-- (1) the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made in this Act to the National Labor Relations Act; and (2) the Secretary of Labor shall review and revise all regulations promulgated before such date to implement the amendments made in this Act to the Labor-Management Reporting and Disclosure Act of 1959. SEC. 5. LIMITATION ON SUPERVISION. (a) In General.--A court order that requires-- (1) a third party to monitor the actions and expenditures of a labor organization and its officers, and (2) the labor organization to pay for the expenses of the third party for such monitoring, shall cease to be effective 10 years after such order is issued. (b) Application.--Subsection (a) shall apply to any court order issued on or after the date of enactment of this Act and any court order issued before such date. SEC. 6. CONSPIRACY TO RESTRAIN WORKERS' ABILITY TO SELECT REPRESENTATIVE. Section 6 of the Clayton Act (15 U.S.C. 17) is amended by adding at the end the following: ``Nothing in this section shall make it lawful for 2, or more, labor organizations to enter into an agreement that restrains the ability of an employee to select a collective representative.''.
Workers' Bill of Rights - Amends the National Labor Relations Act to add provisions relating to: (1) an employer's recognition of a labor organization as representative of workers for collective bargaining and other purposes; (2) limitation on dues collection; (3) membership right to vote on a contract before a strike is called; (4) penalties for causing recognition of an unelected labor organization; (5) secret ballot election; (6) the lifting of a bar against an election once an existing contract has been in effect for one year or more; (7) majority deauthorization of union security agreements; and (8) enforcement of limits on dues agreements.Amends the Labor-Management Reporting and Disclosure Act of 1959 to include coverage of employers, or groups or associations of employers, that receive Federal funds. Gives employees who are not union members, but who are core dues payers, the same right as any union member to participate in any vote that concerns a strike or wages, benefits, or working conditions. Revises provisions relating to availability of information. Allows a trusteeship (for authorization control of a union) to be authorized only after a fair hearing either before the executive board or another body provided by the constitution and bylaws of the labor organization. Requires a labor organization to show by clear and convincing proof that the continuation of the trusteeship is necessary for an allowable purpose.Amends the Clayton Act to provide that nothing shall make it lawful for any two or more labor organizations to enter into an agreement that restrains an employee's ability to select a collecting bargaining representative.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Life Education Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The American Medical Association (``AMA''), the American Nurses Association (``ANA''), the American Academy of Pediatrics (``AAP''), the American College of Obstetricians and Gynecologists (``ACOG''), the American Public Health Association (``APHA''), and the Society of Adolescent Medicine (``SAM''), support responsible sexuality education that includes information about both abstinence and contraception. (2) Recent scientific reports by the Institute of Medicine, the American Medical Association and the Office on National AIDS Policy stress the need for sexuality education that includes messages about abstinence and provides young people with information about contraception for the prevention of teen pregnancy, HIV/AIDS and other sexually transmitted diseases (``STDs''). (3) Research shows that teenagers who receive sexuality education that includes discussion of contraception are more likely than those who receive abstinence-only messages to delay sexual activity and to use contraceptives when they do become sexually active. (4) Comprehensive sexuality education programs respect the diversity of values and beliefs represented in the community and will complement and augment the sexuality education children receive from their families. (5) The median age of puberty is 13 years and the average age of marriage is over 26 years old. American teens need access to full, complete, and medically and factually accurate information regarding sexuality, including contraception, STD/ HIV prevention, and abstinence. (6) Although teen pregnancy rates are decreasing, there are still between 750,000 and 850,000 teen pregnancies each year. Between 75 and 90 percent of teen pregnancies among 15- to 19- year olds are unintended. (7) Research shows that 75 percent of the decrease in teen pregnancy between 1988 and 1995 was due to improved contraceptive use, while 25 percent was due to increased abstinence. (8) More than eight out of ten Americans believe that young people should have information about abstinence and protecting themselves from unplanned pregnancies and sexually transmitted diseases. (9) United States teens acquire an estimated 4,000,000 sexually transmitted infections each year. By age 24, at least one in three sexually active people will have contracted a sexually transmitted disease. (10) An average of two young people in the United States are infected with HIV every hour of every day. African Americans and Hispanic youth have been disproportionately affected by the HIV/AIDS epidemic. Although less than 16 percent of the adolescent population in the United States is African American, nearly 50 percent of AIDS cases through June 2000 among 13- to 19-year olds were among Blacks. Hispanics comprise 13 percent of the population and 20 percent of the reported adolescent AIDS cases though June 2000. SEC. 3. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/AIDS, AND OTHER SEXUALLY TRANSMITTED DISEASES AND TO SUPPORT HEALTHY ADOLESCENT DEVELOPMENT. (a) In General.--Each eligible State shall be entitled to receive from the Secretary of Health and Human Services, for each of the fiscal years 2006 through 2010, a grant to conduct programs of family life education, including education on both abstinence and contraception for the prevention of teenage pregnancy and sexually transmitted diseases, including HIV/AIDS. (b) Requirements for Family Life Programs.--For purposes of this Act, a program of family life education is a program that-- (1) is age-appropriate and medically accurate; (2) does not teach or promote religion; (3) teaches that abstinence is the only sure way to avoid pregnancy or sexually transmitted diseases; (4) stresses the value of abstinence while not ignoring those young people who have had or are having sexual intercourse; (5) provides information about the health benefits and side effects of all contraceptives and barrier methods as a means to prevent pregnancy; (6) provides information about the health benefits and side effects of all contraceptives and barrier methods as a means to reduce the risk of contracting sexually transmitted diseases, including HIV/AIDS; (7) encourages family communication about sexuality between parent and child; (8) teaches young people the skills to make responsible decisions about sexuality, including how to avoid unwanted verbal, physical, and sexual advances and how not to make unwanted verbal, physical, and sexual advances; and (9) teaches young people how alcohol and drug use can effect responsible decisionmaking. (c) Additional Activities.--In carrying out a program of family life education, a State may expend a grant under subsection (a) to carry out educational and motivational activities that help young people-- (1) gain knowledge about the physical, emotional, biological, and hormonal changes of adolescence and subsequent stages of human maturation; (2) develop the knowledge and skills necessary to ensure and protect their sexual and reproductive health from unintended pregnancy and sexually transmitted disease, including HIV/AIDS throughout their lifespan; (3) gain knowledge about the specific involvement of and male responsibility in sexual decisionmaking; (4) develop healthy attitudes and values about adolescent growth and development, body image, gender roles, racial and ethnic diversity, sexual orientation, and other subjects; (5) develop and practice healthy life skills including goal-setting, decisionmaking, negotiation, communication, and stress management; (6) promote self-esteem and positive interpersonal skills focusing on relationship dynamics, including, but not limited to, friendships, dating, romantic involvement, marriage and family interactions; and (7) prepare for the adult world by focusing on educational and career success, including developing skills for employment preparation, job seeking, independent living, financial self- sufficiency, and workplace productivity. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that while States are not required to provide matching funds, they are encouraged to do so. SEC. 5. EVALUATION OF PROGRAMS. (a) In General.--For the purpose of evaluating the effectiveness of programs of family life education carried out with a grant under section 3, evaluations of such program shall be carried out in accordance with subsections (b) and (c). (b) National Evaluation.-- (1) In general.--The Secretary shall provide for a national evaluation of a representative sample of programs of family life education carried out with grants under section 3. A condition for the receipt of such a grant is that the State involved agree to cooperate with the evaluation. The purposes of the national evaluation shall be the determination of-- (A) the effectiveness of such programs in helping to delay the initiation of sexual intercourse and other high-risk behaviors; (B) the effectiveness of such programs in preventing adolescent pregnancy; (C) the effectiveness of such programs in preventing sexually transmitted disease, including HIV/ AIDS; (D) the effectiveness of such programs in increasing contraceptive knowledge and contraceptive behaviors when sexual intercourse occurs; and (E) a list of best practices based upon essential programmatic components of evaluated programs that have led to success in subparagraphs (A) through (D). (2) Report.--A report providing the results of the national evaluation under paragraph (1) shall be submitted to the Congress not later than March 31, 2011, with an interim report provided on a yearly basis at the end of each fiscal year. (c) Individual State Evaluations.-- (1) In general.--A condition for the receipt of a grant under section 3 is that the State involved agree to provide for the evaluation of the programs of family education carried out with the grant in accordance with the following: (A) The evaluation will be conducted by an external, independent entity. (B) The purposes of the evaluation will be the determination of-- (i) the effectiveness of such programs in helping to delay the initiation of sexual intercourse and other high-risk behaviors; (ii) the effectiveness of such programs in preventing adolescent pregnancy; (iii) the effectiveness of such programs in preventing sexually transmitted disease, including HIV/AIDS; and (iv) the effectiveness of such programs in increasing contraceptive knowledge and contraceptive behaviors when sexual intercourse occurs. (2) Use of grant.--A condition for the receipt of a grant under section 3 is that the State involved agree that not more than 10 percent of the grant will be expended for the evaluation under paragraph (1). SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``eligible State'' means a State that submits to the Secretary an application for a grant under section 3 that is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this Act. (2) The term ``HIV/AIDS'' means the human immunodeficiency virus, and includes acquired immune deficiency syndrome. (3) The term ``medically accurate'', with respect to information, means information that is supported by research, recognized as accurate and objective by leading medical, psychological, psychiatric, and public health organizations and agencies, and where relevant, published in peer review journals. (4) The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 7. APPROPRIATIONS. (a) In General.--For the purpose of carrying out this Act, there is authorized to be appropriated $206,000,000 for each of the fiscal years 2006 through 2010. (b) Allocations.--Of the amounts appropriated under subsection (a) for a fiscal year-- (1) not more than 7 percent may be used for the administrative expenses of the Secretary in carrying out this Act for that fiscal year; and (2) not more than 10 percent may be used for the national evaluation under section 5(b).
Family Life Education Act - Requires the Secretary of Health and Human Services to make grants to States for family life education, including education on abstinence and contraception, to prevent teenage pregnancy and sexually transmitted diseases. Expresses the sense of Congress that States are encouraged but not required to provide matching funds. Requires the Secretary to provide for a national evaluation of a representative sample of such programs for effectiveness in changing adolescent sexual behavior, including delaying sexual and high-risk activity, preventing pregnancy and disease (including HIV/AIDS), and increasing contraceptive knowledge. Requires States receiving such grants to provide for an individual evaluation of the State's program by an external, independent entity.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Export Promotion Act of 2005''. SEC. 2. ELIMINATION OF FEES CHARGED FOR EXPORT PROMOTION PROGRAMS. (a) Elimination of Fees.--The Secretary of Commerce, the International Trade Administration, and the United States and Foreign Commercial Service may not charge fees to United States exporters, United States businesses, or United States persons, for assistance provided to such exporters, businesses, or persons under subtitle C of the Export Enhancement Act of 1988 (15 U.S.C. 4721 et seq.) or under any other export promotion program. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Commerce, the International Trade Administration, and the United States and Foreign Commercial Service such sums as may be necessary to cover the costs of providing services to United States exporters, United States businesses, or United States persons, under export promotion programs. SEC. 3. CAPITAL SECURITY COST-SHARING PROGRAM CHANGES. In determining the total overseas presence of an agency for purposes of section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 (as enacted by section 1000(a)(7) of Public Law 106-113), there shall be excluded any positions or activities of the agency attributable to export promotion programs. SEC. 4. UNITED STATES AND FOREIGN COMMERCIAL SERVICE ACTIVITIES ABROAD. The Secretary of Commerce shall, not later than 180 days after the date of the enactment of this Act-- (1) develop and submit to the Congress a plan to locate and relocate offices, officers, and employees of the USFCS in other countries at places other than the United States embassy or, in any country in which there is no such embassy, the chief diplomatic mission of the United States in that country; (2) develop and submit to the Congress a plan to place, in each country with which the United States has diplomatic relations, a USFCS office or, in countries with smaller markets, one or more foreign nationals working under the supervision of a regional USFCS officer, to carry out functions under export promoting programs if, on the basis of a market analysis of the country conducted by the Secretary of Commerce, the Secretary determines such placement is viable; and (3) conduct and report to the Congress on a market analysis of other countries for purposes of expanding activities of the USFCS in those countries, particularly those with developing economies. SEC. 5. UNITED STATES TRADE MISSIONS. The Secretary of Commerce shall, not later than 180 days after the date of the enactment of this Act, develop and submit to the Congress a plan for conducting at least 100 United States trade missions abroad in fiscal years 2006 and 2007. Of these trade missions-- (1) 1 shall be dedicated for each of the several States, (2) 1 shall be dedicated for the District of Columbia, (3) 1 shall be dedicated for Puerto Rico and the Virgin Islands, and (4) 1 shall be dedicated for Guam and American Samoa, with each such mission being comprised primarily of United States businesses whose principal place of business is in the State or other place listed in paragraphs (2) through (4) for which the trade mission is dedicated. No fee may be charged to any United States business for participating in any such trade mission. SEC. 6. INCREASING PARTICIPATION IN GLOBAL MARKETS OF SMALL- AND MEDIUM-SIZED BUSINESSES. The Secretary of Commerce shall, not later than 180 days after the date of the enactment of this Act, submit to the Congress-- (1) budget, staffing, and reorganization requirements of the Department of Commerce and, with the concurrence of the Administrator of the Small Business Administration, of the Small Business Administration, in order to substantially increase the ability of small businesses and medium-sized businesses in the United States to compete in global markets; and (2) an overall United States trade promotion strategy, with achievable annual action plans, that aggressively markets small businesses and medium-sized businesses in the United States to expanding overseas markets and directly supports, through trade missions and related activities, the efforts of the individual States (and the District of Columbia) toward achieving this goal. SEC. 7. DEVELOPMENT OF EXPORT DATABASE AND OTHER TRADE PROMOTION ACTIVITIES. (a) Database.--The Secretary of Commerce shall-- (1) conduct a comprehensive review, reorganization, and expansion of the Web site www.export.gov (or any successor Web site) of the Department of Commerce in order to-- (A) increase the usability and scope of the Web site; and (B) ensure that each USFCS office location has an interactive Web site that is interoperable with www.export.gov; and (2)(A) create and maintain a database of United States exporters; (B) provide United States exporters with the ability to elect to be included in the database; and (C) report to Congress on methods other Federal agencies may use to assist United States businesses interested in developing export markets in accessing the database; and (3) after reviewing successful trade promotion activities of other countries with which the United States competes in global markets, make such modifications to the operations of the Department of Commerce in carrying out export promotion programs, including modifications to Internet access, as are necessary to more effectively assist in matching business opportunities abroad to potential suppliers in the United States, and to support closing of transactions, arranging of financing, and delivery of goods or services. SEC. 8. DEFINITIONS. In this Act: (1) Export promotion program.--The term ``export promotion program'' has the meaning given that term in section 201(d) of the Export Administration Amendments Act of 1985 (15 U.S.C. 4051(d)). (2) Small business.--The term ``small business'' means any small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 632). (3) United states business.--The term ``United States business'' has the meaning given that term in section 2304(e) of the Export Enhancement Act of 1988 (15 U.S.C. 4724(e)). (4) United states exporter.--The term ``United States exporter'' has the meaning given that term in section 2301(j) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(j)). (5) USFCS.--The term ``USFCS'' means the United States and Foreign Commercial Service of the Department of Commerce. (6) United states person.--The term ``United States person'' has the meaning given that term in section 2306(c) of the Export Enhancement Act of 1988 (15 U.S.C. 4725(c)).
United States Export Promotion Act of 2005 - Prohibits the Secretary of Commerce, the International Trade Administration, and the U.S. and Foreign Commercial Service (USFCS) from charging fees to U.S. exporters, businesses, or persons for assistance provided to them under export promotion programs. Revises the capital security cost-sharing program under the Secure Embassy Construction and Counterterrorism Act of 1999 to exclude from determination of an agency's total overseas presence any positions or activities attributable to export promotion programs. Requires the Secretary to develop and submit to Congress plans to: (1) locate and relocate USFCS offices, officers, and employees in other countries at places other than the U.S. embassy or the U.S. chief diplomatic mission; and (2) place a USFCS office where the United States has diplomatic relations or, where viable in countries with smaller markets, one or more foreign nationals working under a regional USFCS officer's supervision to carry out export promotion functions. Directs the Secretary to develop and submit to Congress a plan for conducting at least 100 U.S. trade missions abroad in FY2006-FY2007. Requires the Secretary to: (1) increase the participation in global markets of small and medium-sized U.S. businesses; (2) review, reorganize, and expand the Department of Commerce Web site to increase its usability and scope; and (3) create a database of U.S. exporters.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Trade in Meat and Pork Products Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The European Union's Third Country Meat Directive has been used to decertify more than 400 United States facilities exporting beef and pork products to the European Union even though United States health inspection procedures are equivalent to those provided for in the Third Country Meat Directive. (2) An effect of the decertifications is to prohibit the importation of United States beef and pork products into the European Union. (3) As a result of the decertifications, the highly competitive United States pork industry loses as much as $60,000,000 each year from trade with European Union countries. (4) In July 1987 and November 1990, at the request of affected United States industries, the United States initiated investigations under section 301 of the Trade Act of 1974 into the European Union's administration of the Third Country Meat Directive and sought resolution of the meat and pork trade problems through the dispute settlement process established under the General Agreement on Tariffs and Trade. (5) The United States Trade Representative preliminarily concluded on October 10, 1992, that the European Union's administration of the Third Country Meat Directive created a burden on and restricted United States commerce. (6) Bilateral talks, initiated as a result of that finding, resulted in an Exchange of Letters in which the United States and the European Union concluded that the meat inspection systems of the United States and the European Union provided ``equivalent safeguards against public health risks'' and agreed to take steps to resolve remaining differences regarding meat inspection. (7) Even though the United States terminated the section 301 investigation as a result of the Exchange of Letters, the United States determined that the practices under investigation would have been actionable if an acceptable agreement had not been reached. (8) United States meat and pork producers have displayed consistent interest in exporting products to the European Union and have undertaken substantial investment to take the steps specified by the Exchange of Letters. (9) The European Union has failed to acknowledge changes in plant safety and inspection procedures undertaken in the United States specifically at the European Union's request and has not fulfilled its obligation to inspect and relist United States producers who have taken the steps specified by the Exchange of Letters. (10) The actions of the European Union in conducting United States plant inspections places the European Union in violation of commitments made in the Exchange of Letters. (11) The European Union, in addition to being a party to the Exchange of Letters, is a signatory to GATT 1994 and to the Agreement on the Application of Sanitary and Phytosanitary Measures, which requires that meat and pork inspection procedures under Department of Agriculture regulations be treated as equivalent to inspection procedures required by the European Union under the Third Country Meat Directive if the regulations achieve the European level of sanitary protection. (12) Whenever a foreign country is not satisfactorily implementing an international trade measure or agreement, the United States Trade Representative is required under section 306(b)(1) of the Trade Act of 1974 (19 U.S.C. 2416(b)(1)) to determine the actions to be taken under section 301(a) of such Act. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Exchange of letters.--The term ``Exchange of Letters'' means the exchange of letters concerning the application of the Community Third Country Directive, signed in May 1991 and November 1992, which constitute the agreement between the United States and the European Economic Community regarding the Third Country Meat Directive. (2) GATT 1994.--The term ``GATT 1994'' means the General Agreement on Tariffs and Trade annexed to the WTO Agreement. (3) Third country meat directive; Community third country directive.--The terms ``Third Country Meat Directive'' and ``Community Third Country Directive'' mean the European Union's Council Directive 72/462/EEC relating to inspection and certification of slaughter and processing plants that export meat and pork products to the European Union. (4) WTO agreement.--The term ``WTO Agreement'' means the Agreement establishing the World Trade Organization entered into on April 15, 1994. SEC. 4. REQUIREMENT FOR DETERMINATION BY UNITED STATES TRADE REPRESENTATIVE. Not later than 30 days after the date of enactment of this Act, the United States Trade Representative shall determine, for purposes of section 306(b)(1) of the Trade Act of 1974, whether the European Union has failed to implement satisfactorily its obligations under the Exchange of Letters, the Agreement on the Application of Sanitary and Phytosanitary Measures, or any other Agreement. SEC. 5. REQUEST FOR DISPUTE SETTLEMENT. If the United States Trade Representative determines under section 4 that the European Union has failed to implement satisfactorily its obligations under the Exchange of Letters, the Agreement on the Application of Sanitary and Phytosanitary Measures, or any other agreement, the United States Trade Representative shall promptly request proceedings on the matter under the formal dispute settlement procedures applicable to the agreement. SEC. 6. REVIEW OF CERTAIN MEAT FACILITIES. (a) Review by Food Safety and Inspection Service.--If the United States Trade Representative determines pursuant to section 4 that the European Union has failed to implement satisfactorily its obligations under the Exchange of Letters, the Agreement on the Application of Sanitary and Phytosanitary Measures, or any other Agreement, the United States Trade Representative shall request the Secretary of Agriculture (who, upon receipt of the request, shall) direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for European Union facilities that import meat and other agricultural products into the United States. (b) Relationship to USTR Authority.--The review authorized under subsection (a) is in addition to the authority of the United States Trade Representative to take actions described in section 301(c)(1) of the Trade Act of 1974 (19 U.S.C. 2411(c)(1)).
Fair Trade in Meat and Pork Products Act of 1997 - Directs the United States Trade Representative (USTR), for purposes of identifying foreign countries not in compliance with the terms of any trade agreement with the United States, to determine whether the European Union has failed to implement its obligations under the Exchange of Letters, the Agreement on the Application of Sanitary and Phytosanitary Measures, or any other agreement. Requires the USTR, in the event of such a failure, to: (1) promptly request proceedings under the formal dispute settlement procedures applicable under the agreement; and (2) request the Secretary of Agriculture to direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for European Union facilities that export meat and other agricultural products to the United States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Real Opportunities for Energy Security Act'' or the ``PRO Energy Security Act''. SEC. 2. AUTHORITY. If the average weighted price of oil exceeds $75 per barrel for 3 consecutive days, the Secretary of Energy is authorized to acquire advanced biofuels for the purpose of filling the Strategic Petroleum Reserve. SEC. 3. STUDY. Not later than 2 years after the date of enactment of this Act, the Secretary of Energy, in conjunction with the Secretary of Transportation, the Secretary of Commerce, and the Secretary of Defense, and in consultation of the Administrator of the Environmental Protection Agency, shall transmit to the Committee on Science and Technology, the Committee on Transportation and Infrastructure, and the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate, a report containing-- (1) a description of how the Secretary of Energy will carry out section 2; and (2) recommendations for criteria and procedures for making advanced biofuels available from the Strategic Petroleum Reserve to appropriate Federal and non-Federal entities. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advanced biofuel.-- (A) In general.--The term ``advanced biofuel'' means renewable fuel, other than ethanol derived from corn starch, that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than baseline lifecycle greenhouse gas emissions. (B) Inclusions.--The types of fuels eligible for consideration as ``advanced biofuel'' may include any of the following: (i) Ethanol derived from cellulose, hemicellulose, or lignin. (ii) Ethanol derived from sugar or starch (other than corn starch). (iii) Ethanol derived from waste material, including crop residue, other vegetative waste material, animal waste, food waste, and yard waste. (iv) Biomass-based diesel. (v) Biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass. (vi) Butanol or other alcohols produced through the conversion of organic matter from renewable biomass. (vii) Other fuel derived from cellulosic biomass. (3) Baseline lifecycle greenhouse gas emissions.--The term ``baseline lifecycle greenhouse gas emissions'' means the average lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, for gasoline or diesel (whichever is being replaced by the renewable fuel) sold or distributed as transportation fuel in 2005. (4) Biomass-based diesel.--The term ``biomass-based diesel'' means renewable fuel that is biodiesel as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)) and that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than the baseline lifecycle greenhouse gas emissions. Notwithstanding the preceding sentence, renewable fuel derived from coprocessing biomass with a petroleum feedstock shall be advanced biofuel if it meets the requirements of subparagraph (B), but is not biomass-based diesel. (5) Cellulosic biofuel.--The term ``cellulosic biofuel'' means renewable fuel derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass and that has lifecycle greenhouse gas emissions, as determined by the Administrator, that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions. (6) Conventional biofuel.--The term ``conventional biofuel'' means renewable fuel that is ethanol derived from corn starch. (7) Greenhouse gas.--The term ``greenhouse gas'' means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride. The Administrator may include any other anthropogenically emitted gas that is determined by the Administrator, after notice and comment, to contribute to global warming. (8) Lifecycle greenhouse gas emissions.--The term ``lifecycle greenhouse gas emissions'' means the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant emissions from land use changes), as determined by the Administrator, related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential. (9) Renewable biomass.--The term ``renewable biomass'' means each of the following: (A) Planted crops and crop residue harvested from agricultural land cleared or cultivated at any time prior to the enactment of this sentence that is either actively managed or fallow, and nonforested. (B) Planted trees and tree residue from actively managed tree plantations on non-Federal land cleared at any time prior to enactment of this sentence, including land belonging to an Indian tribe or an Indian individual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States. (C) Animal waste material and animal byproducts. (D) Slash and precommercial thinnings that are from non-Federal forestlands, including forestlands belonging to an Indian tribe or an Indian individual, that are held in trust by the United States or subject to a restriction against alienation imposed by the United States, but not forests or forestlands that are ecological communities with a global or State ranking of critically imperiled, imperiled, or rare pursuant to a State Natural Heritage Program, old growth forest, or late successional forest. (E) Biomass obtained from the immediate vicinity of buildings and other areas regularly occupied by people, or of public infrastructure, at risk from wildfire. (F) Algae. (G) Separated yard waste or food waste, including recycled cooking and trap grease.
Promoting Real Opportunities for Energy Security Act or the PRO Energy Security Act - Authorizes the Secretary of Energy to acquire advanced biofuels for the purpose of filling the Strategic Petroleum Reserve if the average weighted price of oil exceeds $75 per barrel for three consecutive days. Defines "advanced biofuel" to mean renewable fuel, other than ethanol derived from corn starch, that has lifecycle greenhouse gas (GHG) emissions that are at least 50% less than baseline lifecycle GHG emissions. Authorizes the following types of fuels to be eligible for consideration as "advanced biofuel": (1) ethanol derived from cellulose, hemicellulose, or lignin; (2) ethanol derived from sugar or starch (other than corn starch); (3) ethanol derived from waste material; (4) biomass-based diesel; (5) biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass; (6) butanol or other alcohols produced through the conversion of organic matter from renewable biomass; and (7) other fuel derived from cellulosic biomass. Requires the Secretary of Energy to submit to specified congressional committees a report containing: (1) a description of how the Secretary will acquire advanced biofuels for such purpose; and (2) recommendations for criteria and procedures for making advanced biofuels available from the Strategic Petroleum Reserve to appropriate federal and nonfederal entities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Caribbean Regional Assistance Act of 2001''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The 16 countries of the Caribbean region constitute a ``third border'' with the United States because of the proximity and importance of countries in this region as a tourist destination. (2) Unemployment, weak judicial systems, environmental degradation, and natural disasters in the Caribbean region directly affect the well-being of the United States and the future of the countries in this region will inevitably affect the future of the United States. (3) The public sector in many Caribbean countries lacks appropriate training and clearly defined authority and needs to become more efficient. (4) In the 1990's economic growth in the Caribbean region lagged seriously behind economic growth in the Latin American region. This discrepancy will produce significantly lower living standards and lower levels of tax revenues with which to address critical social needs for the Caribbean region. (5) Highly trained labor is often unavailable in the Caribbean region and governmental red tape limits the ability of the private sector to take full advantage of opportunities in the world marketplace. (6) Heavy reliance on relatively few exports and tourism products and the relatively high cost of transportation and telecommunications services further constrain growth in the Caribbean region. (7) A more regional corporate strategy for business success and competition in the global marketplace needs to be developed for the Caribbean region. (8) Many small Caribbean countries are facing severe economic and social stress due to the decline in banana production and the prospective loss or curtailment of existing European Union trade preferences. (9) Economic displacement of small farmers and individuals employed in the supporting infrastructure of the banana industry--individuals who comprise approximately 50 percent of the workforce of some Caribbean countries--will continue and will place added pressures on the economies of these countries. (10) In the small open economies of countries in the Caribbean region, growth can only be achieved as the policies and products of these countries, both goods and services, become increasingly competitive in the global market. (11) Deterioration in economic, social, and political conditions in the small countries of the Caribbean region is leading to increased crime in the region and increased illegal immigration to the United States. (12) The United States is also concerned about narcotics trafficking in the Caribbean region, particularly with respect to continuing bilateral cooperation with Caribbean governments in drug interdiction and combating money laundering. (13) The economic and social development of the Caribbean region depends on the efficiency and fairness of the legal systems of this region. There is a widespread perception that the legal systems in the Caribbean region are inefficient and ineffective and that the administration of law and the quality of justice that is rendered needs to be improved. (14) The ecosystems which sustain the economies of the countries of the Caribbean region, whether based on agriculture, fisheries, or tourism, are under severe and increasing stress. (15) Environmental problems in the Caribbean region arise from inadequate and inappropriate waste management, land use practices, and coastal zone management. (16) The Caribbean region currently has the highest HIV/ AIDS prevalence rate of any region in the world other than sub- Saharan Africa. Out of the 12 countries with the highest HIV/ AIDS prevalence rates in Latin America and the Caribbean region, 9 are in the Caribbean region. HIV/AIDS has spread to the general population in 5 countries in the Caribbean region, and in other Caribbean countries the epidemic is accelerating rapidly and is poised to strike the remaining general populations. (17) The enactment in 1983 of the Caribbean Basin Economic Recovery Act represented a successful commitment by the United States to encourage the development of strong democratic governments and revitalized economies in neighboring countries in the Caribbean region. (18) In May 1997, United States and Caribbean leaders met in Bridgetown, Barbados, and pledged to strengthen cooperation in responding to the challenges of the coming millennium. (19) The Bridgetown Barbados Summit commits the United States and signatory Caribbean countries to a Plan of Action in the areas of trade, economic development, and justice and security. (20) In April 1998 leaders from the Western Hemisphere nations met in Santiago, Chile, and noted in their summit declaration that ``the real economic benefits in the Americas [result] from more open trade, transparency in economic regulations, sound market-based policies, as well as efforts by the private sector to increase competitiveness''. (21) The United States is committed to completing a Free Trade Area of the Americas (FTAA) process by 2005 in order to expand markets for United States goods and services and to help ensure safe destinations for United States foreign investment. SEC. 3. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 1961. Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``CHAPTER 13--ASSISTANCE FOR THE CARIBBEAN REGION ``SEC. 499N. PURPOSE. ``The purpose of this chapter is to provide assistance for the countries of the Caribbean region to promote broad-based, sustainable, and successful economic development and growth that emphasizes small economy diversification, technical training, trade enhancement, judicial reform, environmental management, and other related goals. ``SEC. 499O. AUTHORIZATION. ``The President, acting through the Administrator of the United States Agency for International Development, is authorized to establish and carry out a coordinated program to provide assistance for the countries of the Caribbean region to support the economic and development activities described in section 499P. ``SEC. 499P. ACTIVITIES. ``Activities that may be supported by assistance under section 499O include the following: ``(1) Improvement of governmental institutions.--Activities to improve the quality and capacity of governmental institutions of countries of the Caribbean region, including activities-- ``(A) to provide technical assistance and training for institutions that provide customs services, revenue collection, or institutions which promote investment opportunities; ``(B) to provide assistance for specialized training to judges and magistrates in order to improve efficiency and to reduce case backlogs of Caribbean court systems; and ``(C) to coordinate and consolidate administrative procedures and to expand the use of alternative dispute resolution mechanisms. ``(2) Economic diversification.--Activities to improve the economic diversification of countries of the Caribbean region, including activities-- ``(A) to provide technical assistance and training to such countries to develop more focused regional business strategies to increase the development of new businesses and stimulate competition among businesses; ``(B) to increase lending assistance to small and micro-enterprises, to improve institutions that provide training for such enterprises, and to enhance the ability of such enterprises to market products and increase production capacity; ``(C) to promote compliance by such countries and regional organizations with the World Trade Organization (WTO) and the proposed Free Trade Area of the Americas (FTAA); ``(D) to promote the tourism industry of the Caribbean region through the development of community- based tourism, sustainable tourism, and public-private partnerships; and ``(E) to promote the diversification of the agricultural sector by improving the production and marketing of competitive, non-traditional agricultural commodities. ``(3) Environmental management.--Activities to increase the capacity of governments of countries of the Caribbean region to provide environmental management services, including activities-- ``(A) to fund programs to strengthen environmental management organizations and legal frameworks; and ``(B) to increase public awareness of and encourage public compliance with environmental regulations. ``(4) HIV/AIDS prevention and treatment.--Activities to reduce the rate of HIV/AIDS in countries of the Caribbean region and to provide treatment for individuals with HIV/AIDS in such region. ``SEC. 499Q. CREDIT ASSISTANCE. ``In carrying out the program authorized under section 499O, the President is encouraged to provide credit assistance to carry out the economic and development activities described in section 499P. The provisions of section 107A(d) (relating to general provisions applicable to development credit authority), as proposed to be added to this Act by section 306 of H.R. 1486 (as reported in the House of Representatives in the 105th Congress), shall apply with respect to credit assistance provided under the program. ``SEC. 499R. DEFINITIONS. ``In this chapter: ``(1) Countries of the caribbean region.--The term `countries of the Caribbean region'-- ``(A) means Antigua and Barbuda, the Commonwealth of the Bahamas, Barbados, Belize, the Commonwealth of Dominica, the Dominican Republic, Grenada, the Co- operative Republic of Guyana, the Republic of Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, the Republic of Suriname, and the Republic of Trinidad and Tobago; and ``(B) includes Montserrat. ``(2) HIV/AIDS.--The term `HIV/AIDS' means infection with the human immunodeficiency virus. Such term includes the acquired immune deficiency syndrome. ``SEC. 499S. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--In addition to amounts otherwise available for the purposes of this chapter, there are authorized to be appropriated to carry out this chapter $8,000,000 for each of the fiscal years 2002 through 2006. ``(b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.''. SEC. 4. USAID OFFICE FOR THE CARIBBEAN REGION. The Administrator of the United States Agency for International Development is authorized to establish an office in Bridgetown, Barbados, or in another appropriate country in the Caribbean region, for the purpose of carrying out chapter 13 of part I of the Foreign Assistance Act of 1961, as added by section 3 of this Act. SEC. 5. REPORT. (a) Report.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development shall prepare and submit to the appropriate congressional committees a report that contains a proposed plan to implement chapter 13 of part I of the Foreign Assistance Act of 1961, as added by section 3 of this Act. (2) Plan requirements.--The plan referred to in paragraph (1) shall contain, at a minimum, the following: (A) Key objectives for assistance to be provided under chapter 13 of part I of the Foreign Assistance Act of 1961 for countries in the Caribbean region. (B) Actions required to support and achieve such objectives, including a schedule and cost estimates for implementing such actions. (C) A description of the benchmarks to be used to measure the progress toward such objectives. (D) A description of how such objectives relate to and affect the overall United States objectives for the Western Hemisphere and worldwide. (b) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.
Caribbean Regional Assistance Act of 2001 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide U.S. credit assistance to countries of the Caribbean region to promote broad-based, sustainable, and successful economic development and growth that emphasizes activities to: (1) improve the quality and capacity of governmental institutions of countries of the Caribbean region; (2) improve economic diversification there; (3) increase the capacity of such governments to provide environmental management services; and (4) reduce the rate of, and provide for the treatment of individuals with, HIV/AIDS in such region.Authorizes the Administrator of the U.S. Agency for International Development to establish an office in Bridgetown, Barbados, or in another appropriate country in the Caribbean region, for the purpose of carrying out the activities contained in this Act.
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SECTION 1. CONSENT TO COMPACT. The Congress consents to the SMART Research and Development Compact if that compact is entered into by the State of Delaware, the State of Maryland, the State of New Jersey, and the State of Pennsylvania. The compact reads substantially as follows: ``SMART RESEARCH AND DEVELOPMENT COMPACT ``ARTICLE I. ``The purpose of this compact is to promote the contribution of the Mid-Atlantic region to the Nation's research and development in science and technology, and to create an organization for Strengthening the Mid-Atlantic Region for Tomorrow (hereinafter in this compact referred to as the `Organization'). The purpose of the Organization is to oversee and help facilitate the acquisition of research and development funding, and to enhance the cooperation, formation of partnerships, and sharing of information among businesses, academic institutions, laboratories, and nonprofit entities, within Delaware, Maryland, New Jersey, and Pennsylvania. ``ARTICLE II. ``This compact takes effect upon ratification by the States of Delaware, Maryland, New Jersey, and Pennsylvania, pursuant to the consent of Congress. ``ARTICLE III. ``The States, which are parties to this compact (hereinafter referred to as `party States') do hereby establish and create the Organization as a joint organization which shall be known as the SMART Organization. The leadership of the Organization shall consist of a representative from each party State, appointed as provided by the law of that State. The leadership shall appoint a Blue Ribbon Commission comprised of a representative from each party State from each technological class described in article IV to advise the leadership. The participants in the organization may include any business, academic institution, nonprofit agency or laboratory. ``The leadership of the Organization shall oversee and direct the projects, administration, and policies of the SMART Organization. The Blue Ribbon Commission shall identify goals and new technological developments for the region to pursue and facilitate cooperation among participants. The leadership, Blue Ribbon Commission, and participants in the Organization shall serve without compensation or reimbursement of expenses. The leadership of the Organization shall hold regular quarterly meetings and such special meetings as its business may require. ``The Organization shall adopt such rules and regulations as may be needed. The Organization may hold hearings and conduct studies and surveys to carry out its purpose. The Organization may acquire by gift or otherwise and hold and dispose of such money and property as may be provided for the proper performance of its functions, may cooperate with other public or private groups, whether local, State, regional or national, having an interest in economic development, and may exercise such other powers as may be appropriate to accomplish its functions and duties in connection with the development of the Organization and to carry out the purpose of this compact. ``ARTICLE IV. ``The Organization participants may, and the Blue Ribbon Commission shall, represent and originate from the following technological classes: information technology, sensors, rotorcraft technology, manufacturing technology, nanotechnology, electronics, telecommunications, chemical and biological, biomedical, opto-electric, Materials/Aerospace, and defense systems including directed energy, missile defense, future combat systems, and unmanned aerial vehicles. The SMART Organization may at any time, upon approval by the Organization leadership, designate and assign new representatives for additional technological classes and may at any time remove an existing class from the Organization's activities. ``ARTICLE V. ``The leadership of the Organization shall appoint a full-time paid executive director, who shall be a person familiar with the nature of the procedures and the significance of scientific funding, research and development, economic development, and the informational, educational, and publicity methods of stimulating general interest in such developments. The executive director may appoint the other employees of the Organization and shall be the administrative head of the Organization. The executive director's term of office shall be at the pleasure of the leadership of the Organization. ``ARTICLE VI. ``This compact shall continue in force and remain binding upon each party State until 6 months after the party State gives notice of its intent to withdraw to the other party States.''. SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL. The Congress expressly reserves the right to alter, amend, or repeal this Act. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the SMART Organization such sums as may be necessary to assist the Organization in carrying out its activities, including the funding by the Organization of programs and projects consistent with the purposes of the Organization.
Grants the consent of the Congress to the SMART Research and Development Compact (to promote the contribution of the Mid-Atlantic region to the Nation's research and development in science and technology and to create an organization for strengthening the Mid-Atlantic region for tomorrow) if it is entered into by the States of Delaware, Maryland, New Jersey, and Pennsylvania.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Medical Assistance Act of 2000''. SEC. 2. AUTOMATIC EXTERNAL DEFIBRILLATORS IN AIRPORT TERMINALS. (a) Withdrawal of Notice.--Not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall withdraw the notice of decision of the Administration published in the Federal Register on June 6, 2000 (65 Fed. Reg. 35971), relating to automatic external defibrillators at airports. (b) Publication of Regulations.-- (1) In general.--The Administrator shall issue regulations to require automatic external defibrillators in terminals at airports with 100,000 or more annual enplanements. (2) Deadlines.--The Administrator shall issue-- (A) proposed regulations under paragraph (1) not later than 180 days after the date of enactment of this Act; and (B) final regulations under paragraph (1) not later than 1 year after the date of enactment of this Act. SEC. 3. GUIDELINES. (a) Guidelines.--The Administrator of the Federal Aviation Administration shall establish guidelines with respect to the provision and use of automated external defibrillators in terminals at airports. (b) Information.--The guidelines shall contain information concerning the following: (1) The extent to which automated external defibrillators may be operated by lay persons. (2) The number of defibrillators required for airports of different sizes. (3) The appropriate placement of defibrillators at airports, taking into account the security needs of airports and response time for victims. (4) Such other factors as the Administrator determines appropriate. (c) Recommended Procedures.--The guidelines shall contain recommended procedures for the following: (1) Implementing training programs, in coordination with appropriate licensed professionals, on the role of cardiopulmonary resuscitation and the use of automated external defibrillators. (2) Proper maintenance and testing of automated external defibrillators. (3) Ensuring coordination with local emergency medical systems regarding placement, use, and type of automated external defibrillators. (4) Such other areas as the Administrator determines appropriate. (d) Publication.--Not later than 1 year after the date of enactment of this Act, the Administrator shall publish the guidelines in the Federal Register. SEC. 4. GOOD SAMARITAN PROTECTIONS REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS AT AIRPORTS. (a) Persons Using AEDs.--Except as provided by subsection (c), any person who uses an automated external defibrillator device on a victim of a perceived medical emergency at an airport is immune from civil liability for any harm resulting from the use of the device. (b) Persons Acquiring AEDs.-- (1) In general.--Except as provided by subsection (c), in addition to a person who uses an automated external defibrillator device on a victim of a perceived medical emergency at an airport, any person who acquired the device is immune from civil liability for any harm resulting from the use of the device, if the harm was not due to the failure of the person who acquired the device-- (A) to notify local emergency response personnel or other appropriate entities of the most recent placement of the device within a reasonable period of time after the device was placed; (B) to properly maintain and test the device; or (C) except as provided by paragraph (2), to provide appropriate training in the use of the device to an employee or agent of the acquirer when the employee or agent was the person who used the device on the victim. (2) Exceptions to training requirements.--The requirement of paragraph (1)(C) shall not apply if-- (A) the employee or agent who used the device was not an employee or agent who would have been reasonably expected to use the device; or (B) the period of time elapsing between the engagement of the person as an employee or agent and the occurrence of the harm (or between the acquisition of the device and the occurrence of the harm, in any case in which the device was acquired after such engagement of the person) was not a reasonably sufficient period in which to provide the training. (c) Inapplicability of Immunity.--Immunity under subsection (a) or (b) does not apply to a person if the harm involved was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim who was harmed. (d) Applicability of State Laws.--With respect to a class of persons for which this section provides immunity from civil liability, this section supersedes the law of a State only to the extent that the State has no law or regulation that provides persons in such class with immunity for civil liability arising from the use by such persons of automated external defibrillator devices in emergency situations (within the meaning of the State law or regulation involved). SEC. 5. ELIGIBILITY FOR AIP FUNDING. Section 47102(3)(B) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of clause (viii); (2) by striking the period at the end of clause (ix) and inserting ``; and'; and (3) by adding at the end the following: ``(x) automatic external defibrillators, as defined in section 6 of the Airport Medical Assistance Act of 2000.''. SEC. 6. DEFINITIONS. In this Act, the following definitions apply: (1) Airport.--The term ``airport'' has the meaning given such term in section 40102 of title 49, United States Code. (2) Automated external defibrillator.--The term ``automated external defibrillator'' means a defibrillator that-- (A) is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act; (B) is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the defibrillator whether defibrillation should be performed; (C) upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual; and (D) in the case of a defibrillator that may be operated in either an automated or a manual mode, is set to operate in the automated mode. (3) Perceived medical emergency.--The term ``perceived medical emergency'' means circumstances in which the behavior of an individual leads a reasonable person to believe that the individual is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of the individual. (4) Person.--The term ``person'' includes a governmental entity.
Grants immunity from civil liability (except for harm caused by willful or criminal misconduct or gross negligence) to any person who uses an automated external defibrillator device on a victim of a perceived medical emergency at an airport.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Deter Cyber Theft Act of 2014''. SEC. 2. ACTIONS TO ADDRESS ECONOMIC OR INDUSTRIAL ESPIONAGE IN CYBERSPACE. (a) Report Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12-month period preceding the submission of the report that-- (A) identifies-- (i) foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; (ii) foreign countries identified under clause (i) that the President determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information (in this section referred to as ``priority foreign countries''); (iii) technologies or proprietary information developed by United States persons that-- (I) are targeted for economic or industrial espionage in cyberspace; and (II) to the extent practicable, have been appropriated through such espionage; (iv) articles manufactured or otherwise produced using technologies or proprietary information described in clause (iii)(II); and (v) to the extent practicable, services provided using such technologies or proprietary information; (B) describes the economic or industrial espionage engaged in by the foreign countries identified under clauses (i) and (ii) of subparagraph (A); and (C) describes-- (i) actions taken by the President to decrease the prevalence of economic or industrial espionage in cyberspace; and (ii) the progress made in decreasing the prevalence of such espionage. (2) Determination of foreign countries engaging in economic or industrial espionage in cyberspace.--For purposes of clauses (i) and (ii) of paragraph (1)(A), the President shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons if the government of the foreign country-- (A) engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; or (B) facilitates, supports, fails to prosecute, or otherwise permits such espionage by-- (i) individuals who are citizens or residents of the foreign country; or (ii) entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country. (3) Form of report.--Each report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of Sanctions.-- (1) In general.--The President may, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of each person described in paragraph (2), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Persons described.--A person described in this paragraph is a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by United States persons. (3) Exception.--The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions on the importation of goods. (c) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Cyberspace.--The term ``cyberspace''-- (A) means the interdependent network of information technology infrastructures; and (B) includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers. (3) Economic or industrial espionage.--The term ``economic or industrial espionage'' means-- (A) stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; (B) copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; or (C) knowingly receiving, buying, or possessing a trade secret or proprietary information that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret or proprietary information. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) Own.--The term ``own'', with respect to a trade secret or proprietary information, means to hold rightful legal or equitable title to, or license in, the trade secret or proprietary information. (6) Person.--The term ``person'' means an individual or entity. (7) Proprietary information.--The term ``proprietary information'' means competitive bid preparations, negotiating strategies, executive emails, internal financial data, strategic business plans, technical designs, manufacturing processes, source code, data derived from research and development investments, and other commercially valuable information that a person has developed or obtained if-- (A) the person has taken reasonable measures to keep the information confidential; and (B) the information is not generally known or readily ascertainable through proper means by the public. (8) Technology.--The term ``technology'' has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). (9) Trade secret.--The term ``trade secret'' has the meaning given that term in section 1839 of title 18, United States Code. (10) United states person.--The term ``United States person'' means-- (A) an individual who is a citizen or resident of the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States.
Deter Cyber Theft Act of 2014 - Requires the President to report annually to Congress on foreign countries that engage in economic and industrial espionage in cyberspace with respect to U.S. trade secrets or proprietary information. Requires each report to: (1) identify countries that engage in such espionage, including countries that facilitate, support, fail to prosecute, or otherwise permit such espionage; (2) specify the countries that engage in the most egregious forms of such espionage; and (3) describe actions taken and progress made by the President to decrease the prevalence of such espionage. Authorizes the President to block and prohibit transactions in property, and interests in property, of a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by U.S. persons if such property and interests in property: (1) are in the United States; (2) come within the United States; or (3) are, or come within, the possession or control of a U.S. person. Prohibits the President from imposing sanctions on the importation of goods under such authority.
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SEC. 101. SHORT TITLE. This Act may be cited as the ``Food for Trade Act of 1994''. SEC. 102. ESTABLISHMENT OF PROGRAM. Title I of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.) is amended by adding at the end the following new section: ``SEC. 106. FOOD FOR TRADE PROGRAM. ``(a) Establishment.-- ``(1) In general.-The Secretary shall carry out a pilot program under this title to establish permanent, self- sustaining organizations in eligible recipient countries to promote and provide financing for broad-based economic development activities in the countries. ``(2) Cooperation.--The Secretary shall carry out this section by entering into contracts with non-profit organizations or entities (referred to in this section as ``facilitators'') to facilitate the establishment and operation of approved pilot projects in eligible recipient countries utilizing agricultural commodities provided under this section. ``(b) Eligible Projects.-- ``(1) In general.--An organization or other entity may participate in this program by submitting a complete proposal for the operation of a project in an eligible recipient country, according to guidelines developed by the Secretary. ``(2) Project funding.--Upon approval of a project proposed under this section, the Secretary shall make available agricultural commodities under this title to the facilitator on a grant basis for the purpose of funding and carrying out the project. The Secretary shall cover the costs of transporting the commodities to the recipient country under paragraph (4). ``(3) Duration of assistance.--Assistance may be provided under this section in annual installments for up to 5 years per individual approved project, or such longer period of time as deemed appropriate by the Secretary. ``(4) Monetization.--The facilitator shall transport the agricultural commodities received under this section for sale in the recipient country. After deduction of any associated expenses, the proceeds generated from the sale shall be used to establish a permanent, self-sustaining investment fund in the recipient country according to guidelines established under subsection (h). ``(5) Role of the facilitator.--A facilitator participating in this program shall-- ``(A) be responsible for the storage, transport, and monetization of agricultural commodities in eligible recipient countries pursuant to guidelines established by the Secretary under subsection (h); ``(B) establish and manage an investment fund in the recipient country using the proceeds from the monetization of the agricultural commodities, until such time as the facilitator transfers control of the project to the joint commission under subsection (g); ``(C) establish and operate an advisory board to advise in the management of the investment fund; and ``(D) coordinate the eventual transfer of the advisory board and the investment fund to the joint commission in the participating recipient country. ``(6) Expense projections.--Each project proposal submitted under this section shall contain a projection of the estimated expenses necessary to carry out the project, including the monetization of the agricultural commodities and the establishment and operation of the investment fund. ``(c) Investment Fund.-- ``(1) Establishment.--The facilitator shall establish a permanent, self-sustaining investment fund in the participating recipient country from the proceeds of the sales of the agricultural commodities provided under this section. ``(2) Use of fund.--Monies in the investment fund shall be invested and managed in a manner that provides the best possible return for the fund, without posing an undue risk to the principal balance used to establish the fund. ``(3) Restriction on investment of funds.--Monies from the fund may be invested in any appropriate investments as determined by the Secretary pursuant to regulation. ``(4) Investment proceeds.--Profits generated by the investments shall be made available to the joint commission to carry out development activities under subsection (f). The facilitator shall be reimbursed for any administrative costs associated with the operation of the investment fund. ``(d) Advisory Boards.-- ``(1) Establishment.--The facilitator shall operate an advisory board (referred to in this section as the ``board'') in each participating recipient country to advise the facilitator on the management of the investment fund and other investment issues. ``(2) Membership.--The members of the board shall be selected by the facilitator from the local and international business and investment community. Members of the board shall serve without pay. ``(3) Transfer of authority.--After control of the project is transferred to the joint commission under subsection (g), the advisory board shall provide advice to the joint commission on investment fund issues. ``(e) Joint Commission.-- ``(1) Establishment.--The Government of the United States shall enter into an agreement with the government of each recipient country that participates in this program, along with the facilitator organization that oversees the project in that country, for the establishment in the country of a Food for Trade Joint Commission (referred to in this section as the ``joint commission''). ``(2) Membership.--The joint commission shall be composed of representatives of-- ``(A) the participating recipient country; ``(B) local nongovernmental entities; ``(C) international nongovernmental entities; and ``(D) the United States diplomatic mission in the recipient country, which may include a representative of the Foreign Agricultural Service. ``(3) Board of directors.--The joint commission shall elect a board of directors that provides equal representation for each of the 4 entities specified in paragraph (2). The directors shall serve without pay. ``(4) Secretariat.--The joint commission may hire administrative personnel to handle the day-to-day activities of the joint commission. ``(5) Duties.--The joint commission shall be responsible for-- ``(A) the selection and approval of recipients for loans and grants for eligible activities under this section; ``(B) the dispersal of funds to approved applicants from investment fund profits; ``(C) monitoring of activities funded under this section; and ``(D) overall operation and maintenance of the program including the investment fund, upon the final transfer of control under subsection (g). ``(f) Eligible Activities.--The joint commission may make available funds from the profits generated by the investment fund for developmental activities including: ``(1) Credit.--Loans may be made under this section to-- ``(A) local private co-operative banks, ``(B) credit unions, ``(C) non-profit venture capital investment organizations, ``(D) eligible organizations for the purpose of providing micro-credit, and ``(E) approved local entrepreneurs. ``(2) Technical assistance.--Grants may be awarded under this section to-- ``(A) cover in-country costs for farmer-to-farmer program implementors, or ``(B) eligible organizations working in agribusiness development. ``(3) Research, education and extension endowments.-- Research grants, scholarships and sabbaticals may be awarded under this section to individuals working in local agricultural research and education institutions. ``(4) Humanitarian and infrastructure development grants.-- Grants may be provided under this section to finance-- ``(A) infrastructure development projects, and ``(B) humanitarian efforts. All grants made under this paragraph shall be from the repayment proceeds for loans under paragraph (1). ``(g) Transfer of Project Control.--After a period of 5 years of operation of the project in a recipient country, or such other period of time deemed appropriate by the Secretary, the responsibility for the management and oversight of the investment fund shall be transferred, according to terms established by the Secretary, to the joint commission. Upon the transfer of authority under this subsection, the authority and responsibility of the facilitator with respect to the project shall be terminated. ``(h) Guidelines.--The Secretary shall develop guidelines and procedures for the establishment and operation of the program under this section and shall provide for the following: ``(1) Application procedures for proposals for projects under this section. ``(2) Criteria for the selection of recipient countries, including-- ``(A) demonstrated interest in privatizing a significant percentage of the agricultural sector; ``(B) demonstrated interest in privatizing land ownership; ``(C) legal and judicial structures that allow for private banking; ``(D) tax laws that do not overly inhibit small business development; ``(E) limited or no restriction on foreign investment; ``(F) demonstrated interest in freeing wages and prices from government control; ``(G) economic situation that allows the establishment of profitable tax-exempt foundations and non-prohibitive use of these profits for development purposes; ``(H) judicial infrastructure that allows for legal enforcement of contracts. ``(3) Procedures for the monetization of agricultural commodities provided under this section. ``(4) Establishment and operation of investment fund, including any restrictions on investments deemed necessary by the Secretary. ``(5) Procedures for the eventual transfer of operational control, including oversight of the investment fund and advisory board of the program to the joint commission. ``(6) Procedures for evaluation of the program. ``(7) Procedures for the termination of the project and dissolution of the investment fund in the event the Secretary determines that the project is being mismanaged or otherwise should not be continued. ``(8) Other guidelines deemed appropriate by the Secretary for the operation or oversight of the program. ``(i) Report.--The facilitator shall submit an annual progress report to the Secretary on the operation of the project in the recipient country. ``(j) Evaluation and Audit.-- ``(1) Evaluation of the program.--Not later than 5 years after the establishment of this program and every 4 years thereafter, the Secretary shall evaluate the effectiveness of the program and shall report the findings to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. ``(2) GAO audit.--The Comptroller General of the United States shall conduct periodic audits of the operation of the program. ``(k) Definitions.--For the purpose of this section: ``(1) Facilitator.--The term ``facilitator'' means a nonprofit organization or entity with experience or demonstrated capability for the storage, transport, and sale of agricultural commodities in recipient countries. ``(2) Eligible recipient country.--The term ``eligible recipient country'' means a country that meets one or more of the criteria specified in subsection (h)(2), as determined by the Secretary. ``(3) Eligible organization.--The term ``eligible organization'' means an international private voluntary organization or a local nongovernmental organization. ``(l) Program Funding.--The Secretary shall make available at least 20 percent of the amount of funds made available to carry out this title for the purpose of carrying out this section.''.
Food for Trade Act of 1994 - Amends the Agricultural Trade Development and Assistance Act of 1954 to require the Secretary of Agriculture to conduct a pilot program to establish permanent, self-sustaining organizations utilizing agricultural commodities to promote financing for economic development activities in eligible countries. Requires the facilitator of such program to establish in each country: (1) an investment fund from the proceeds of the sale of agricultural commodities to be used for developmental activities; and (2) an advisory board to advise the facilitator on the management of such fund. Requires the Government to enter into an agreement with each recipient country for the establishment of a Food for Trade Joint Commission.
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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 and Cooperation.--(1) 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. (2) The Coordinator shall cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out activities under this section. (3) In preparation for carrying out duties under subsection (b), the Coordinator shall consult with the National Center for Missing and Exploited Children and other private sector entities and organizations (including non-profit organizations) having expertise in matters relating to such duties. 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 and Consultation.--(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. (3) The Coordinator shall also consult with the National Center for Missing and Exploited Children and other private sector entities and organizations (including non-profit organizations) having an expertise in matters relating to the minimum standards to be established under this section in establishing the minimum standards. 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 for fiscal year 2003 such sums as may be necessary 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 Attorney General 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 for fiscal year 2003 such sums as may be necessary to carry out this section. (2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. Passed the Senate September 10, 2002. Passed the Senate (legislative day, ), 2001. Attest: JERI THOMSON, Secretary.
National AMBER Alert Network Act of 2002 - (Sec. 2) 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; (3) act as the nationwide point of contact for network development and for regional coordination of alerts on abducted children through the network; (4) notify and consult with the Director of the Federal Bureau of Investigation concerning each child abduction for which an AMBER alert is issued; (5) 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); (6) cooperate with the Secretary, the Federal Communications Commission, local broadcasters, and State and local law enforcement agencies; and (7) consult with the National Center for Missing and Exploited Children and other private sector entities and organizations (including non-profit organizations) having relevant expertise.(Sec. 4) 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.(Sec. 5) Directs the Attorney General to provide grants to States for the development or enhancement of education, training, and law enforcement programs and activities for the support of AMBER Alert communications plans.Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Clinical Care Commission Act''. SEC. 2. ESTABLISHMENT OF A NATIONAL CLINICAL CARE COMMISSION. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section: ``SEC. 399V-7. NATIONAL CLINICAL CARE COMMISSION. ``(a) Establishment.--There is hereby established, within the Department of Health and Human Services, a National Clinical Care Commission (in this section referred to as the `Commission') to evaluate, and recommend solutions regarding better coordination and leveraging of, programs within the Department and other Federal agencies that relate in any way to supporting appropriate clinical care (such as any interactions between physicians and other health care providers and their patients related to treatment and care management) for individuals with-- ``(1) one or more complex metabolic or autoimmune diseases; ``(2) one or more diseases resulting from insulin deficiency or insulin resistance; or ``(3) complications caused by one or more of any of such diseases. ``(b) Membership.-- ``(1) In general.--The Commission shall be composed of the following voting members: ``(A) The heads (or their designees) of the following Federal agencies and departments: ``(i) The Centers for Medicare & Medicaid Services. ``(ii) The Agency for Healthcare Research and Quality. ``(iii) The Centers for Disease Control and Prevention. ``(iv) The Indian Health Service. ``(v) The Department of Veterans Affairs. ``(vi) The National Institutes of Health. ``(vii) The Food and Drug Administration. ``(viii) The Health Resources and Services Administration. ``(ix) The Department of Defense. ``(B) Twelve additional voting members appointed under paragraph (2). ``(C) Such additional voting members as may be appointed by the Secretary, at the Secretary's discretion, from among the heads (or their designees) of governmental or nongovernmental entities that impact clinical care of individuals with any of the diseases and complications described in subsection (a). ``(2) Additional members.--The Commission shall include additional voting members appointed by the Secretary, in consultation with national medical societies and patient advocacy organizations with expertise in the care and epidemiology of any of the diseases and complications described in subsection (a), including one or more such members from each of the following categories: ``(A) Clinical endocrinologists. ``(B) Physician specialties (other than as described in subparagraph (A)) that play a role in diseases and complications described in subsection (a), such as cardiologists, nephrologists, and eye care professionals. ``(C) Primary care physicians. ``(D) Non-physician health care professionals, such as certified diabetes educators, registered dieticians and nutrition professionals, nurses, nurse practitioners, physician assistants. ``(E) Patient advocates. ``(F) National experts in the duties listed under subsection (c). ``(G) Health care providers furnishing services to a patient population that consists of a high percentage (as specified by the Secretary) of individuals who are enrolled in a State plan under title XIX of the Social Security Act or who are not covered under a health plan or health insurance coverage. ``(3) Chairperson.--The voting members of the Commission shall select a chairperson from the members appointed under paragraph (2) from the category under paragraph (2)(A). ``(4) Meetings.--The Commission shall meet at least twice, and not more than four times, a year. ``(5) Board terms.--Members of the Commission appointed pursuant to subparagraph (B) or (C) of paragraph (1), including the chairperson, shall serve for a 3-year term. A vacancy on the Commission shall be filled in the same manner as the original appointments. ``(c) Duties.--The Commission shall-- ``(1) evaluate programs of the Department of Health and Human Services regarding the utilization of diabetes screening benefits, annual wellness visits, and other preventive health benefits that may reduce the incidence of the diseases and complications de scribed in subsection (a), including identifying problems regarding such utilization and related data collection mechanisms and make recommendations; ``(2) identify current activities and critical gaps in Federal efforts to support clinicians in providing integrated, high-quality care to individuals with any of the diseases and complications described in subsection (a); ``(3) make recommendations regarding the coordination of clinically based activities that are being supported by the Federal Government with respect to the diseases and complications described in subsection (a); ``(4) make recommendations regarding the development and coordination of federally funded clinical practice support tools for physicians and other health care professionals in caring for and managing the care of individuals with any of the diseases and complications described in subsection (a), specifically with regard to implementation of new treatments and technologies; ``(5) evaluate programs described in subsection (a) that are in existence as of the date of the enactment of this section and determine if such programs are meeting the needs identified in paragraph (2) and, if such programs are determined as not meeting such needs, recommend programs that would be more appropriate; ``(6) recommend, with respect to the diseases and complications described in subsection (a), clinical pathways for new technologies and treatments, including future data collection activities, that may be developed and then used to evaluate-- ``(A) various care models and methods; and ``(B) the impact of such models and methods on quality of care as measured by appropriate care parameters (such as A1C, blood pressure, and cholesterol levels); ``(7) evaluate and expand education and awareness activities provided to physicians and other health care professionals regarding clinical practices for the prevention and treatment of the diseases and complications described in subsection (a); ``(8) review and recommend appropriate methods for outreach and dissemination of educational resources that-- ``(A) address the diseases and complications described in subsection (a); ``(B) are funded by the Federal Government; and ``(C) are intended for health care professionals and the public; and ``(9) carry out other activities, such as activities relating to the areas of public health and nutrition, that the Commission deems appropriate with respect to the diseases and complications described in subsection (a). ``(d) Operating Plan.-- ``(1) Initial plan.--Not later than 90 days after its first meeting, the Commission shall submit to the Secretary and the Congress an operating plan for carrying out the activities of the Commission as described in subsection (c). Such operating plan may include-- ``(A) a list of specific activities that the Commission plans to conduct for purposes of carrying out the duties described in each of the paragraphs in subsection (c); ``(B) a plan for completing the activities; ``(C) a list of members of the Commission and other individuals who are not members of the Commission who will need to be involved to conduct such activities; ``(D) an explanation of Federal agency involvement and coordination needed to conduct such activities; ``(E) a budget for conducting such activities; ``(F) a plan for evaluating the value and potential impact of the Commission's work and recommendations, including the possible continuation of the Commission for the purposes of overseeing their implementation; and ``(G) other information that the Commission deems appropriate. ``(2) Updates.--The Commission shall periodically update the operating plan under paragraph (1) and submit such updates to the Secretary and the Congress. ``(e) Final Report.--By not later than 3 years after the date of the Commission's first meeting, the Commission shall submit to the Secretary and the Congress a final report containing all of the findings and recommendations required by this section. Not later than 120 days after the submission of the final report, the Secretary shall review the plan required by subsection (d)(1)(F) and submit to the Congress a recommendation on whether the Commission should be reauthorized to operate after fiscal year 2021. ``(f) Sunset.--The Commission shall terminate 120 days after submitting its final report, but not later than the end of fiscal year 2021.''. Passed the House of Representatives January 9, 2017. Attest: KAREN L. HAAS, Clerk.
. National Clinical Care Commission Act (Sec. 2) This bill amends the Public Health Service Act to establish within the Department of Health and Human Services (HHS) a National Clinical Care Commission to evaluate and recommend solutions regarding better coordination and leveraging of federal programs that relate to supporting clinical care for individuals with complex metabolic or autoimmune disease, diabetes, or complications caused by such diseases. The duties of the commission include: evaluating HHS programs regarding the utilization of preventive health benefits, identifying current activities and gaps in federal efforts to support clinicians in providing integrated care, making recommendations regarding the development and coordination of federally funded clinical practice support tools, recommending clinical pathways for new technologies and treatments, evaluating and expanding education and awareness activities provided to health care professionals, and reviewing and recommending methods for outreach and dissemination of educational resources. The commission must submit an operating plan to HHS and Congress within 90 days of its first meeting. The commission is terminated after it submits a final report, but not later than the end of FY2021.
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PANEL. (a) In General.--There is established a National Baseball Dispute Resolution Panel to resolve the current dispute between the American League of Professional Baseball Clubs, the National League of Professional Baseball Clubs, and the Major League Baseball Players Association. The Panel shall be composed of three members appointed by the President. The President shall select members from among impartial persons with expertise as neutrals in the resolution of labor- management disputes. He shall appoint one member of the Panel to serve as Chair. (b) Quorum.--Two members of the Panel shall constitute a quorum, and the vote of at least two members shall be required for the Panel to take any action. (c) Compensation.--Each member of the Panel shall receive compensation at the daily equivalent of the rate specified for level V of the Executive Schedule under section 5316 of title 5 for each day the member is engaged in the performance of duties for the Panel, including attendance at meetings, hearings, and travel to conduct the duties of the Panel. (d) Travel Expenses.--Each member of the Panel shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, for each day the member is engaged in the performance of duties of the Panel away from the home or regular place of business of the member. (e) Employment Status.--Members of the Panel shall be deemed employees of the United States only on those days during which they perform services for the Panel. (f) Conflict of Interest.--No individual shall be selected as a member of the Panel under subsection (a) who is pecuniarily interested in-- (1) the ownership of Major League Baseball; (2) any organization of employees or owners that is involved in the current dispute; or (3) any individual or entity that derives substantial revenues from Major League Baseball. (g) Authority.-- (1) The Panel shall have the power to take testimony under oath, to conduct hearings, and to issue subpoenas requiring the attendance and testimony of witnesses or the production of books and records. The parties appearing before the Panel may be represented by counsel. (2) In the case of contumacy or refusal by any person to obey a subpoena issued pursuant to this subsection, any district court of the United States or the United States courts of any territory or possession, or the United States District Court for the District of Columbia, within the jurisdiction of which such person is found, resides, or transacts business, upon application of the Panel shall have jurisdiction to issue an order requiring such person to appear before the Panel, produce evidence, or give testimony related to the Panel's inquiries. Any failure to obey such order of the court may be punished by the court as a contempt thereof. (h) Decision.-- (1) The Panel shall, as expeditiously as possible, issue a decision, setting forth the terms of an agreement which, in its discretion, it determines to be appropriate to serve as the binding agreement between the parties to the current labor- management dispute affecting Major League Baseball. In arriving at its decision, the Panel may consider the following factors: (A) The unique status of Major League Baseball. (B) The history of collective bargaining agreements between the parties. (C) The changes in circumstances of the parties. (D) The economics of the industry, including the owners' ability to pay. (E) The best interests of baseball. (F) The desirability of stability in the industry. (G) The impact on communities that benefit from Major League Baseball. (H) Other factors that it deems appropriate, including those traditionally considered by arbitration panels if applicable given the history of Major League Baseball and past collective bargaining between the parties. (2) For the purposes of arriving at its decision, the Panel shall hold such hearings and obtain such information as it may deem appropriate. (i) Effect of Decision.--The agreement prescribed by the Panel under this section shall be final and binding on the parties and shall have the same effect as though arrived at by agreement of the parties under the Labor Management Relations Act, 1947 as amended, 29 U.S.C. 141 et seq. SEC. 5. PRECLUSION OF JUDICIAL REVIEW. There shall be no judicial review of any decision of the Panel under this Act. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Detail of Federal Employees.--On the request of the Chairperson of the Panel, the head of any Federal agency may detail, or otherwise make available without reimbursement, any of the personnel of the agency to the Panel to assist it in carrying out its duties under this Act. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (b) Use of Facilities.--The Panel may, without reimbursement, use the research, equipment, services, resources, and facilities of any agency or instrumentality of the United States, with the consent of such agency or instrumentality. (c) Role of the Federal Mediation and Conciliation Service.--The Federal Mediation and Conciliation Service shall provide without reimbursement such administrative support, resources, and services as may be necessary to carry out this Act. It is authorized and directed to utilize its appropriated funds to pay the salary and expenses of Panel members, as provided in this Act. SEC. 7. TERMINATION. The Panel shall terminate upon its rendering of a decision under section 4(h).
Major League Baseball Restoration Act - Establishes a National Baseball Dispute Resolution Panel to resolve the current labor dispute involving Major League Baseball. Directs the President to select the three Panel members from among impartial persons with expertise as neutrals in the resolution of labor-management disputes. Makes the agreement prescribed by the Panel final and binding on the parties. Precludes judicial review of any decision of the Panel. Directs the Federal Mediation and Conciliation Service to provide administrative support, resources, and services necessary to carry out this Act and to utilize its appropriated funds to pay the salaries and expenses of Panel members. Terminates the Panel upon its rendering of a decision.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Programs Extension Act of 1994''. SEC. 2. HOUSING ASSISTANCE. (a) Expiring Section 8 Contracts.-- (1) Requirement.--Subject only to the availability of budget authority to carry out this section, not later than October 1, 1995, the Secretary of Housing and Urban Development shall make an offer to the owner of each housing project assisted under an expiring contract to extend the term of the expiring contract for 24 months beyond the date of the expiration of the contract. (2) Terms of extension.--Except for terms or conditions relating to the duration of the contract, the terms and conditions under the extension provided pursuant to this subsection of any expiring contract shall be identical to the terms and conditions under the expiring contract. (3) Definition of expiring contract.--For purposes of this subsection, the term ``expiring contract'' means a contract for assistance pursuant to section 8(b)(2) of the United States Housing Act of 1937 (as such section existed before October 1, 1983) having a term that expires before October 1, 1996. (4) Displacement assistance.--The Secretary of Housing and Urban Development may make available to tenants residing in units covered by an expiring contract that is not extended pursuant to this subsection either-- (A) tenant-based assistance under section 8 of the United States Housing Act of 1937; or (B) a unit with respect to which project-based assistance is provided under section 8 of the United States Housing Act of 1937. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (b) Determination of Median Income.--Section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)) is amended-- (1) in the fourth sentence-- (A) by striking ``County'' and inserting ``and Rockland Counties''; and (B) by inserting ``each'' before ``such county''; and (2) in the last sentence-- (A) by striking ``County'' the first place it appears and inserting ``or Rockland Counties''; and (B) by striking ``County'' the second place it appears and inserting ``and Rockland Counties''. (c) Eligible Uses of Emergency Modernization Funds.--Section 14(k)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437l(k)(1)) is amended-- (1) in the first sentence, by striking ``$75,000,000'' and inserting ``$50,000,000''; and (2) by adding at the end the following new sentences: ``Of the amounts reserved each year under this paragraph, the Secretary shall make available to the Inspector General of the Department of Housing and Urban Development not more than $5,000,000 for costs in connection with efforts to combat violent crime in public housing. Using amounts made available pursuant to the preceding sentence during fiscal year 1995, the Secretary shall provide amounts in such fiscal year for the continuation of the drug elimination activities under Project Nos. IA05PO98003004 and IA05DEP0980193.''. (d) Low-Income Housing Preservation and Resident Homeownership Act.-- (1) Acquisition grants.--Section 234(b) of the Housing and Community Development Act of 1987 (12 U.S.C. 4124(b)) is amended by striking ``1993,'' and all that follows through ``1994,'' and inserting ``1995''. (2) Technical assistance and capacity building.--Section 257 of the Housing and Community Development Act of 1987 (12 U.S.C. 4147) is amended by striking ``1993,'' and all that follows through ``1994,'' and inserting ``1995''. (e) Use of Section 236 Rental Assistance Fund Amounts for Flexible Subsidies.--Section 236(f)(3) of the National Housing Act (12 U.S.C. 1715z-1(f)(3)) is amended by striking ``September 30, 1994'' and inserting ``September 30, 1995''. (f) Housing Counseling.-- (1) Emergency homeownership counseling.--Section 106(c)(9) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(c)(9)) is amended by striking ``September 30, 1994'' and inserting ``September 30, 1995''. (2) Prepurchase and foreclosure prevention counseling demonstration.--Section 106(d)(13) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(d)(13)) is amended by striking ``fiscal year 1994'' and inserting ``fiscal year 1995''. (g) Major Reconstruction of Public Housing for Disabled Families.-- Section 5(j)(2)(G)(i) of the United States Housing Act of 1937 (42 U.S.C. 1437e(j)(2)(G)(i)) is amended by striking ``fiscal years 1993 and 1994'' and inserting ``fiscal year 1995''. (h) National Homeownership Fund.--Section 172 of the bill, H.R. 3838 (103d Congress), as passed by the House of Representatives on July 22, 1994, is hereby enacted into law. (i) Treatment of Certain Projects.-- (1) Conversion of section 23 project.--From amounts available for the conversion of the Tamaqua Highrise project in the Borough of Tamaqua, Pennsylvania, from a leased housing contract under section 23 of the United States Housing Act of 1937 to tenant-based assistance under section 8 of such Act, the Secretary of Housing and Urban Development shall, to the extent such amounts are made available in appropriation Acts, enter into an obligation for the conversion of the project to a project-based rental assistance contract under section 8 of such Act, notwithstanding the requirement for rehabilitation or the percentage limitations under section 8(d)(2) of such Act. (2) Compliance with rehabilitation requirement.-- Rehabilitation activities undertaken by E.T.C. Enterprises in connection with 16 scattered-site dwelling units that were rehabilitated to provide housing for low-income families and are located in Perth Amboy, New Jersey, and rehabilitation activities undertaken by Pennrose Properties in connection with 40 dwelling units for senior citizens in the Providence Square development located in New Brunswick, New Jersey, are hereby deemed to have been conducted pursuant to the approval of and an agreement with the Secretary of Housing and Urban Development under clauses (i) and (ii) of the third sentence of section 8(d)(2)(A) of the United States Housing Act of 1937. (3) Eligibility of public housing for demolition.--Section 415 of the Department of Housing and Urban Development-- Independent Agencies Appropriations Act, 1988 (Public Law 100- 202; 101 Stat. 1329-213), is amended by striking ``George Loving Place, at 3320 Rupert Street, Edgar Ward Place, at 3901 Holystone, Elmer Scott Place, at 2600 Morris, in Dallas, Texas, or''. (4) Section 23 conversion.-- (A) Authorization.--Notwithstanding contracts entered into pursuant to section 14(b) of the United States Housing Act of 1937, the Secretary is authorized to enter into obligations for the conversion of the Pine Tower Apartments in Bay City, Michigan, from a leased housing contract under section 23 of such Act to a project-based rental assistance contract under section 8 of such Act. (B) Repayment required.--The authorization made in subparagraph (A) is conditioned on the repayment to the Secretary of all amounts received by the public housing agency under the comprehensive improvement assistance program under section 14 of the United States Housing Act of 1937 for the Pine Tower Apartment project and the amounts, as determined by the Secretary, received by the public housing agency under the formula in section 14(k) of such Act by reason of the project. SEC. 3. RURAL HOUSING. (a) Underserved Areas Set-Aside.--Section 509(f)(4)(A) of the Housing Act of 1949 (42 U.S.C. 1479(f)(4)(A)) is amended-- (1) in the first sentence, by striking ``fiscal years 1993 and 1994'' and inserting ``fiscal year 1995''; and (2) in the second sentence, by striking ``each''. (b) Rural Multifamily Rental Housing.--Section 515(b) of the Housing Act of 1949 (42 U.S.C. 1485(b)) is amended-- (1) by striking paragraphs (2) and (4); (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (1) the following new paragraphs: ``(2) such a loan may be made for a period of up to 50 years from the making of the loan; ``(3) the terms and conditions of such a loan shall provide for periodic payments, during the term of the loan, based upon a schedule for complete amortization of the loan over a 50-year period and for payment of any outstanding amounts due under the loan not later than the expiration of the term of the loan;''. (c) Rural Rental Housing Funds for Nonprofit Entities.--The first sentence of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C. 1485(w)(1)) is amended by striking ``fiscal years 1993 and 1994'' and inserting ``fiscal year 1995''. (d) Loan Guarantees for Rural Multifamily Rental Housing Loans.-- Section 517 of the bill, H.R. 3838 (103d Congress), as passed by the House of Representatives on July 22, 1994, is hereby enacted into law. (e) Eligibility of Area for Rural Homeownership Loans.--Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is amended by adding at the end the following new subsection: ``(i) Notwithstanding section 520, the Secretary may make loans under this section for properties in the Pine View West Subdivision, located in Gibsonville, North Carolina, in the same manner as provided under this section for properties in rural areas.''. (f) Definition of Rural Area.--The last sentence of section 520 of the Housing Act of 1949 (42 U.S.C. 1490) is amended by striking ``city of'' and inserting ``cities of South Tucson, Arizona, and''. SEC. 4. MORTGAGE INSURANCE AND SECONDARY MORTGAGE MARKET PROGRAMS. (a) Multifamily Housing Finance.--Section 542(b)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1707 note) is amended by striking ``and 1994'' and inserting ``, 1994, and 1995''. (b) Assessment Collection Dates for Office of Federal Housing Enterprise Oversight.--Section 1316(b) of the Housing and Community Development Act of 1992 (12 U.S.C. 4516(b)) is amended by striking paragraph (2) and inserting the following new paragraph: ``(2) Timing of payment.--The annual assessment shall be payable in installments on October 1 and April 1 of each fiscal year.''. SEC. 5. COMMUNITY DEVELOPMENT. (a) Certain CDBG Assistance.--Section 916(f) of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 5306 note) is amended by striking ``Act shall apply only with respect to fiscal years 1991, 1992, 1993, and 1994'' and inserting ``section shall not apply to fiscal years after fiscal year 1995''. (b) CDBG Public Services Limitations.--Section 105(a)(8) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(8)) is amended-- (1) by striking ``and'' after ``under this paragraph,''; (2) by striking ``fiscal year 1994'' and inserting ``fiscal years 1994 and 1995''; and (3) by inserting before the semicolon at the end the following: ``, and except that of any amount of assistance under this title (including program income) to the Cities of Fairfield, Vallejo, Napa, and Vacaville, in California, such cities may use not more than 20 percent in fiscal year 1995 for activities under this paragraph''; (c) Use of Grant Amounts.-- (1) Pittsburgh, pennsylvania.--Notwithstanding any other provision of law, the city of Pittsburgh, Pennsylvania, may retain any amounts provided under an urban development action grant for Project No. B-86-AA-42-0275 and use such funds for the Central Pittsburgh Plaza project, if such project is commenced not later than 6 months after the date of the enactment of this Act. (2) Wilkes-barre, pennsylvania.--Notwithstanding any other provision of law, the city of Wilkes-Barre, Pennsylvania, may retain any amounts provided under an urban development action grant for Project No. B-87-AA-42-1211 and use such funds for the Northeastern Pennsylvania Economic Development project, if such project is commenced not later than 6 months after the date of enactment of this Act. (3) Richmond, virginia.--The Secretary of Housing and Urban Development shall cancel the indebtedness of the city of Richmond, Virginia, relating to the categorical program settlement grant provided to the city to settle four urban renewal programs (Project No. B-78-UR-51-0019). The city of Richmond, Virginia, is hereby relieved of all liability to the Federal Government for such grant and any fees and charges payable in connection with such grant. (4) Lockport township, illinois.--The Secretary of Housing and Urban Development shall cancel the indebtedness of Lockport Township, Illinois, relating to the public facilities loan for Project No. ILL-11-PFL0112. Lockport Township, Illinois, is hereby relieved of all liability to the Federal Government for the outstanding principal balance on such loan, the amount of accrued interest on such loan, and any other fees and charges payable in connection with such loan. (5) Budget compliance.--Paragraphs (3) and (4) of this subsection shall be effective only to the extent, or in such amounts, as are provided in appropriation Acts. (d) New Towns Demonstration Program.-- (1) Insurance authority.--The first sentence of section 1104(d) of the Housing and Community Development Act of 1992 (42 U.S.C. 5318 note) is amended to read as follows: ``To the extent provided in appropriation Acts, the Secretary shall use any authority provided pursuant to section 531(b) of the National Housing Act to enter into commitments to insure loans and mortgages under this section in fiscal year 1995 with an aggregate principal amount not exceeding such sums as may be necessary to carry out the demonstration under this title.''. (2) Second mortgage assistance.--Section 1105(e) of the Housing and Community Development Act of 1992 (42 U.S.C. 5318 note) is amended to read as follows: ``(5) Authorization of appropriations.--There are authorized to be appropriated for fiscal year 1995 such sums as may be necessary for providing assistance under this section.''. (3) Community development assistance.--Section 1106(h) of the Housing and Community Development Act of 1992 (42 U.S.C. 5318 note) is amended to read as follows: ``(8) Authorization of appropriations.--There are authorized to be appropriated for fiscal year 1995 such sums as may be necessary for assistance under this section.''. (e) Economic Development Grants.--Section 108(q) of the Housing and Community Development Act of 1974 is amended by adding at the end the following new paragraph: ``(5) Authorization of appropriations.--Using any amounts appropriated for grants under this subsection for fiscal year 1995, the Secretary shall make a grant in the amount of $3,650,000 in such fiscal year to the Earth Conservancy in Luzerne County, Pennsylvania, which shall be used for carrying out a demonstration of using innovative environmental technologies to reclaim land used for community and economic development purposes that has been damaged by anthracite coal mining activities.''. SEC. 6. MISCELLANEOUS PROVISIONS. (a) State Agencies as Sureties.--Section 9304 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(c) State Agencies.--A State agency, including any financing authority established by any State, which meets the requirements of paragraphs (2) and (3) of subsection (a) may be treated as a surety corporation for purposes of this chapter. Notwithstanding any other provision of law, user fees collected by the Financial Management Services incident to sections 9304 through 9309 of this title shall be credited to the appropriation of that agency and may be retained without fiscal year limitation to carry out the provisions of such sections.''. (b) Clarification of Effective Date for Amendment Relating to Commercial Mortgage Related Securities.--Section 347(d) of the Riegle Community Development and Regulatory Improvement Act of 1994 (Public Law 103-325; 108 Stat. 2241) is amended to read as follows: ``(d) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall take effect as of the date of the enactment of the Housing Programs Extension Act of 1994. ``(2) National and insured state banks.--The amendment made by subsection (a) shall not apply with respect to national banks or, in accordance with section 24 of the Federal Deposit Insurance Act, insured State banks before the effective date of final regulations prescribed by the Comptroller of the Currency pursuant to subsection (c).''. Passed the House of Representatives October 7, 1994. Attest: DONNALD K. ANDERSON, Clerk.
Housing Programs Extension Act of 1994 - Directs the Secretary of Housing and Urban Development to offer owners 24-month extensions of expiring section 8 assistance contracts. Authorizes tenant displacement assistance in cases of unextended contracts. Authorizes appropriations. Amends the United States Housing Act of 1937 to: (1) include Rockland County, New York, as a special median income area; (2) reduce disaster and emergency modernization funding set-asides; and (3) set aside specified modernization funds for anti-crime activities. Amends the Housing and Community Development Act of 1987 to extend set-aside grant authority through FY 1995 for low-income housing preservation and homeownership acquisition grants and technical assistance and capacity building. Amends the National Housing Act to authorize appropriations through FY 1995 for the flexible subsidy program. Amends the Housing and Urban Development Act of 1968 to authorize appropriations through FY 1995 for specified housing counseling services. Amends the United States Housing Act of 1937 to extend set-aside authority through FY 1995 for public housing reconstruction for disabled families. Provides for: (1) assistance conversion of certain projects in Michigan and Pennsylvania; (2) rehabilitation compliance for certain projects in New Jersey; and (3) eligibility of certain public housing for demolition in Texas. (Sec. 3) Amends the Housing Act of 1949 with regard to rural housing to: (1) extend the underserved area set-aside through FY 1995; (2) eliminate the termination date for the multifamily housing loan insurance program, and make such loan available for a 50-year period; (3) extend the set-aside through FY 1995 for rental housing funds for nonprofit entities; (4) make certain properties in North Carolina eligible for rural homeownership loans; and (5) consider South Tucson, Arizona, a rural area. (Sec. 4) Amends the Housing and Community Development Act of 1992 to extend the multifamily housing mortgage risk-sharing program through FY 1995. (Sec. 5) Amends the Cranston-Gonzalez National Affordable Housing Act to extend through FY 1995 community development block grant (CDBG) set-asides for colonias. Amends the Housing and Community Development Act of 1994 to: (1) extend through FY 1995 CDBG public services limitations; and (2) provide certain cities in California with a 20 percent CDBG public services use limit. Authorizes Pittsburgh and Wilkes-Barre, Pennsylvania, to retain and use certain urban development action grant funds. Directs the Secretary to cancel certain housing and related debts for Richmond, Virginia, and Lockport Township, Illinois. Amends the Housing and Community Development Act of 1992 to extend through FY 1995 insurance authority and authorization of appropriations (including mortgage and community development assistance) for the New Towns Demonstration Program for Los Angeles, California. Amends the Housing and Community Development Act of 1974 to authorize appropriations for the Earth Conservancy in Luzerne County, Pennsylvania, to reclaim coal mining-damaged land. (Sec. 6) Amends Federal law to permit qualifying State agencies to be treated as sureties.
{"src": "billsum_train", "title": "Housing Programs Extension Act of 1994"}
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SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Greater Research Opportunities With Tax Help Act'' or ``GROWTH Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. PERMANENT EXTENSION AND MODIFICATION OF RESEARCH CREDIT. (a) Simplified Credit for Qualified Research Expenses.--Subsection (a) of section 41 is amended to read as follows: ``(a) General Rule.--For purposes of section 38, the research credit determined under this section for the taxable year shall be an amount equal to 20 percent of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined.''. (b) Special Rules and Termination of Base Amount Calculation.-- (1) In general.--Subsection (c) of section 41 is amended to read as follows: ``(c) Special Rule in Case of No Qualified Research Expenses in Any of 3 Preceding Taxable Years.-- ``(1) Taxpayers to which subsection applies.--The credit under this section shall be determined under this subsection, and not under subsection (a), if, in any one of the 3 taxable years preceding the taxable year for which the credit is being determined, the taxpayer has no qualified research expenses. ``(2) Credit rate.--The credit determined under this subsection shall be equal to 10 percent of the qualified research expenses for the taxable year.''. (2) Consistent treatment of expenses.--Subsection (b) of section 41 is amended by adding at the end the following new paragraph: ``(5) Consistent treatment of expenses required.-- ``(A) In general.--Notwithstanding whether the period for filing a claim for credit or refund has expired for any taxable year in the 3-taxable-year period taken into account under subsection (a), the qualified research expenses taken into account for such year shall be determined on a basis consistent with the determination of qualified research expenses for the credit year. ``(B) Prevention of distortions.--The Secretary may prescribe regulations to prevent distortions in calculating a taxpayer's qualified research expenses caused by a change in accounting methods used by such taxpayer between the credit year and a year in such 3- taxable-year period.''. (c) Inclusion of Qualified Research Expenses of an Acquired Person.-- (1) Partial inclusion of pre-acquisition qualified research expenses.--Subparagraph (A) of section 41(f)(3) is amended to read as follows: ``(A) Acquisitions.-- ``(i) In general.--If a person acquires the major portion of a trade or business of another person (hereinafter in this paragraph referred to as the `predecessor') or the major portion of a separate unit of a trade or business of a predecessor, then the amount of qualified research expenses paid or incurred by the acquiring person during the 3 taxable years preceding the taxable year in which the credit under this section is determined shall be increased by-- ``(I) for purposes of applying this section for the taxable year in which such acquisition is made, the amount determined under clause (ii), and ``(II) for purposes of applying this section for any taxable year after the taxable year in which such acquisition is made, so much of the qualified research expenses paid or incurred by the predecessor with respect to the acquired trade or business during the portion of the measurement period that is part of the 3-taxable-year period preceding the taxable year for which the credit is determined as is attributable to the portion of such trade or business or separate unit acquired by such person. ``(ii) Amount determined.--The amount determined under this clause is the amount equal to the product of-- ``(I) so much of the qualified research expenses paid or incurred by the predecessor with respect to the acquired trade or business during the 3 taxable years before the taxable year in which the acquisition is made as is attributable to the portion of such trade or business or separate unit acquired by the acquiring person, and ``(II) the number of months in the period beginning on the date of the acquisition and ending on the last day of the taxable year in which the acquisition is made, divided by 12. ``(iii) Special rules for coordinating taxable years.--In the case of an acquiring person and a predecessor whose taxable years do not begin on the same date-- ``(I) each reference to a taxable year in clauses (i) and (ii) shall refer to the appropriate taxable year of the acquiring person, ``(II) the qualified research expenses paid or incurred by the predecessor during each taxable year of the predecessor any portion of which is part of the measurement period shall be allocated equally among the months of such taxable year, and ``(III) the amount of such qualified research expenses taken into account under clauses (i) and (ii) with respect to a taxable year of the acquiring person shall be equal to the total of the expenses attributable under subclause (II) to the months occurring during such taxable year. ``(iv) Measurement period.--For purposes of this subparagraph, the term `measurement period' means the taxable year of the acquiring person in which the acquisition is made and the 3 taxable years of the acquiring person preceding such taxable year.''. (2) Expenses of a disposing person.--Subparagraph (B) of section 41(f)(3) is amended to read as follows: ``(B) Dispositions.--If a person disposes of the major portion of any trade or business or the major portion of a separate unit of a trade or business in a transaction to which subparagraph (A) applies, and the disposing person furnished to the acquiring person such information as is necessary for the application of subparagraph (A), then, for purposes of applying this section for any taxable year ending after such disposition, the amount of qualified research expenses paid or incurred by the disposing person during the 3 taxable years preceding such taxable year shall be decreased by the amount of the increase determined under subparagraph (A) with respect to the acquiring person for such taxable year.''. (d) Aggregation of Expenditures.--Paragraph (1) of section 41(f) is amended-- (1) by striking ``shall be its proportionate shares of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, giving rise to the credit'' in subparagraph (A)(ii) and inserting ``shall be determined on a proportionate basis to its share of the aggregate qualified research expenses taken into account by such controlled group for purposes of this section'', and (2) by striking ``shall be its proportionate shares of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, giving rise to the credit'' in subparagraph (B)(ii) and inserting ``shall be determined on a proportionate basis to its share of the aggregate qualified research expenses taken into account by all such persons under common control for purposes of this section''. (e) Permanent Extension.-- (1) Section 41 is amended by striking subsection (h). (2) Paragraph (1) of section 45C(b) is amended by striking subparagraph (D). (f) Conforming Amendments.-- (1) Termination of basic research payment calculation.-- Section 41 is amended-- (A) by striking subsection (e), (B) by redesignating subsection (g) as subsection (e), and (C) by relocating subsection (e), as so redesignated, immediately after subsection (d). (2) Special rules.-- (A) Paragraph (4) of section 41(f) is amended by striking ``and gross receipts''. (B) Subsection (f) of section 41 is amended by striking paragraph (6). (3) Cross-references.-- (A) Paragraph (2) of section 45C(c) is amended by striking ``base period research expenses'' and inserting ``average qualified research expenses''. (B) Subparagraph (A) of section 54(l)(3) is amended by striking ``section 41(g)'' and inserting ``section 41(e)''. (C) Clause (i) of section 170(e)(4)(B) is amended to read as follows: ``(i) the contribution is to a qualified organization,''. (D) Paragraph (4) of section 170(e) is amended by adding at the end the following new subparagraph: ``(E) Qualified organization.--For purposes of this paragraph, the term `qualified organization' means-- ``(i) any educational organization which-- ``(I) is an institution of higher education (within the meaning of section 3304(f)), and ``(II) is described in subsection (b)(1)(A)(ii), or ``(ii) any organization not described in clause (i) which-- ``(I) is described in section 501(c)(3) and is exempt from tax under section 501(a), ``(II) is organized and operated primarily to conduct scientific research, and ``(III) is not a private foundation.''. (E) Section 280C is amended-- (i) by striking ``or basic research expenses (as defined in section 41(e)(2))'' in subsection (c)(1), (ii) by striking ``section 41(a)(1)'' in subsection (c)(2)(A) and inserting ``section 41(a)'', and (iii) by striking ``or basic research expenses'' in subsection (c)(2)(B). (F) Clause (i) of section 1400N(l)(7)(B) is amended by striking ``section 41(g)'' and inserting ``section 41(e)''. (g) Technical Corrections.--Section 409 is amended-- (1) by inserting ``, as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in subsection (b)(1)(A), (2) by inserting ``, as in effect before the enactment of the Tax Reform Act of 1984'' after ``relating to the employee stock ownership credit'' in subsection (b)(4), (3) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in subsection (i)(1)(A), (4) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in subsection (m), (5) by inserting ``(as so in effect)'' after ``section 48(n)(1)'' in subsection (m), (6) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 48(n)'' in subsection (q)(1), and (7) by inserting ``(as in effect before the enactment of the Tax Reform Act of 1984)'' after ``section 41'' in subsection (q)(3). (h) Effective Date.-- (1) In general.--Except as provided in paragraphs (2) and (3), the amendments made by this section shall apply to taxable years beginning after December 31, 2011. (2) Permanent extension.--The amendments made by subsection (e) shall apply to amounts paid or incurred after December 31, 2011. (3) Technical corrections.--The amendments made by subsection (g) shall take effect on the date of the enactment of this Act.
Greater Research Opportunities with Tax Help Act or GROWTH Act - Amends the Internal Revenue Code to: (1) increase from 14% to 20% the rate of the tax credit for increasing research activities, (2) modify rules for calculating such credit, and (3) make such credit permanent.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to increase and make permanent the alternative simplified research credit, and for other purposes."}
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SECTION 1. STATE OPTION TO REQUIRE CERTAIN INDIVIDUALS TO PRESENT SATISFACTORY DOCUMENTARY EVIDENCE OF PROOF OF CITIZENSHIP OR NATIONALITY FOR PURPOSES OF ELIGIBILITY FOR MEDICAID. (a) In General.--Section 1902(a)(46) of the Social Security Act (42 U.S.C. 1396a(a)(46)) is amended-- (1) by inserting ``(A)'' after ``(46)''; (2) by adding ``and'' after the semicolon; and (3) by adding at the end the following new subparagraph: ``(B) at the option of the State and subject to section 1903(x), require that, with respect to an individual (other than an individual described in section 1903(x)(1)) who declares to be a citizen or national of the United States for purposes of establishing initial eligibility for medical assistance under this title (or, at State option, for purposes of renewing or redetermining such eligibility to the extent that such satisfactory documentary evidence of citizenship or nationality has not yet been presented), there is presented satisfactory documentary evidence of citizenship or nationality of the individual (using criteria determined by the State, which shall be no more restrictive than the criteria used by the Social Security Administration to determine citizenship, and which shall accept as such evidence a document issued by a federally-recognized Indian tribe evidencing membership or enrollment in, or affiliation with, such tribe (such as a tribal enrollment card or certificate of degree of Indian blood, and, with respect to those federally-recognized Indian tribes located within States having an international border whose membership includes individuals who are not citizens of the United States, such other forms of documentation (including tribal documentation, if appropriate) that the Secretary, after consulting with such tribes, determines to be satisfactory documentary evidence of citizenship or nationality for purposes of satisfying the requirement of this subparagraph));''. (b) Limitation on Waiver Authority.--Notwithstanding any provision of section 1115 of the Social Security Act (42 U.S.C. 1315), or any other provision of law, the Secretary of Health and Human Services may not waive the requirements of section 1902(a)(46)(B) of such Act (42 U.S.C. 1396a(a)(46)(B)) with respect to a State. (c) Conforming Amendments.--Section 1903 of such Act (42 U.S.C. 1396b) is amended-- (1) in subsection (i)-- (A) in paragraph (20), by adding ``or'' after the semicolon; (B) in paragraph (21), by striking ``; or'' and inserting a period; and (C) by striking paragraph (22); and (2) in subsection (x) (as amended by section 405(c)(1)(A) of division B of the Tax Relief and Health Care Act of 2006 (Public Law 109-432))-- (A) by striking paragraphs (1) and (3); (B) by redesignating paragraph (2) as paragraph (1); (C) in paragraph (1), as so redesignated, by striking ``paragraph (1)'' and inserting ``section 1902(a)(46)(B)''; and (D) by adding at the end the following new paragraph: ``(2) In the case of an individual declaring to be a citizen or national of the United States with respect to whom a State requires the presentation of satisfactory documentary evidence of citizenship or nationality under section 1902(a)(46)(B), the individual shall be provided at least the reasonable opportunity to present satisfactory documentary evidence of citizenship or nationality under this subsection as is provided under clauses (i) and (ii) of section 1137(d)(4)(A) to an individual for the submittal to the State of evidence indicating a satisfactory immigration status.''. SEC. 2. CLARIFICATION OF RULES FOR CHILDREN BORN IN THE UNITED STATES TO MOTHERS ELIGIBLE FOR MEDICAID. Section 1903(x) of such Act (42 U.S.C. 1396b(x)), as amended by section 1(c)(2), is amended-- (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``or'' at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) pursuant to the application of section 1902(e)(4) (and, in the case of an individual who is eligible for medical assistance on such basis, the individual shall be deemed to have provided satisfactory documentary evidence of citizenship or nationality and shall not be required to provide further documentary evidence on any date that occurs during or after the period in which the individual is eligible for medical assistance on such basis); or''; and (2) by adding at the end the following new paragraph: ``(3) Nothing in subparagraph (A) or (B) of section 1902(a)(46), the preceding paragraphs of this subsection, or the Deficit Reduction Act of 2005, including section 6036 of such Act, shall be construed as changing the requirement of section 1902(e)(4) that a child born in the United States to an alien mother for whom medical assistance for the delivery of such child is available as treatment of an emergency medical condition pursuant to subsection (v) shall be deemed eligible for medical assistance during the first year of such child's life.''. SEC. 3. EFFECTIVE DATE. (a) Retroactive Application.--The amendments made by this Act shall take effect as if included in the enactment of the Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 4). (b) Restoration of Eligibility.--In the case of an individual who, during the period that began on July 1, 2006, and ends on the date of enactment of this Act, was determined to be ineligible for medical assistance under a State Medicaid program solely as a result of the application of subsections (i)(22) and (x) of section 1903 of the Social Security Act (as in effect during such period), but who would have been determined eligible for such assistance if such subsections, as amended by sections 1 and 2, had applied to the individual, a State may deem the individual to be eligible for such assistance as of the date that the individual was determined to be ineligible for such medical assistance on such basis.
Amends title XIX (Medicaid) of the Social Security Act to permit states, at their option, to require certain individuals to present satisfactory documentary evidence of citizenship or nationality for Medicaid eligibility. Revises the rules for children born in the United States to mothers eligible for Medicaid. Declares that a Medicaid-eligible individual shall be deemed to have provided satisfactory documentary evidence of citizenship or nationality, and shall not be required to provide further evidence, on any date during or after the period in which the individual is eligible for Medicaid.
{"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to permit States, at their option, to require certain individuals to present satisfactory documentary evidence of proof of citizenship or nationality for purposes of eligibility for Medicaid, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``IMF Reform and Integrity Act''. SEC. 2. OPPOSITION OF THE UNITED STATES TO FINANCIAL PARTICIPATION BY THE INTERNATIONAL MONETARY FUND IN FOREIGN-LED AGREEMENTS. The Bretton Woods Agreements Act (22 U.S.C. 286-286xx) is amended by adding at the end the following: ``SEC. 73. OPPOSITION OF THE UNITED STATES TO FINANCIAL PARTICIPATION BY THE INTERNATIONAL MONETARY FUND IN FOREIGN-LED AGREEMENTS. ``The Secretary of the Treasury shall instruct-- ``(1) the United States Executive Director at the Fund-- ``(A) to use the voice and vote of the United States to oppose the provision by the Fund of financing, including the disbursement of financing approved before the enactment of this section, in conjunction with financing to be provided by a multilateral organization of which the United States is not a member if-- ``(i) the present value of the financing to be provided by the multilateral organization would exceed the present value of the financing to be provided by the Fund; or ``(ii) the obligation of the debtor with respect to the financing provided by the Fund is not explicitly made senior to the obligation of the debtor with respect to the financing provided by the multilateral organization; and ``(B) not later than 7 days after the approval by the Fund of any financing to which paragraph (1) applies, to transmit a certification to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that the obligation of the debtor with respect to the financing provided by the Fund has been explicitly made senior to the obligation of the debtor with respect to the financing provided by the multilateral organization; and ``(2) the United States Governor of the Fund to use the voice and vote of the United States to oppose any proposal to make additional resources available to the Fund in the aggregate, or increase the quota of any member of the Fund who is a member of a multilateral organization of which the United States is not a member, if, during the 24 months before consideration of the proposal by the Board of Governors of the Fund-- ``(A) the Fund has approved the provision of, or disbursed, financing in conjunction with financing provided or to be provided by the multilateral organization, as described in paragraph (1); or ``(B) an obligation to the Fund resulting from such an approval or disbursement has not been repaid in full.''. SEC. 3. REPEAL OF THE NEW ARRANGEMENTS TO BORROW; RESCISSION OF FUNDS. (a) Repeal.-- (1) In general.--Section 17 of the Bretton Woods Agreements Act (22 U.S.C. 286e-2) is amended-- (A) by striking subsections (a), (b), (d), and (f); and (B) in subsection (c)-- (i) by striking ``(c)''; and (ii) by striking ``In addition to the amount authorized in subsection (b), there'' and inserting ``There''. (2) Conforming repeal.--Section 9001 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (22 U.S.C. 286e-2 note; division K of Public Law 114- 113) is amended by striking paragraph (3). (b) Rescission.--The unobligated balances made available to carry out subsections (a) and (b) of section 17 of the Bretton Woods Agreements Act, as in effect before the enactment of this Act, are rescinded. SEC. 4. OPPOSITION OF THE UNITED STATES TO INTERNATIONAL MONETARY FUND LOAN TO A COUNTRY WHOSE PUBLIC DEBT IS NOT LIKELY TO BE SUSTAINABLE IN THE MEDIUM TERM. Section 68(a) of the Bretton Woods Agreements Act (22 U.S.C. 286tt(a)) is amended-- (1) in paragraph (2), by inserting after the comma the following: ``or a staff analytical report of the Fund states that there is not a high probability that the public debt of the country is sustainable in the medium term,''; and (2) by adding at the end the following: ``(3) Presidential waiver authority.--The President of the United States may waive paragraph (2) if the President provides a written certification to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Foreign Relations and Banking, Housing, and Urban Affairs of the Senate that the waiver is important to the national security interest of the United States, and includes with the certification a written statement of the reasons therefor.''. SEC. 5. CONGRESSIONAL NOTIFICATION WITH RESPECT TO EXCEPTIONAL ACCESS LENDING. The Bretton Woods Agreements Act (22 U.S.C. 286-286xx), as amended by section 2 of this Act, is amended by adding at the end the following: ``SEC. 74. CONGRESSIONAL NOTIFICATION WITH RESPECT TO EXCEPTIONAL ACCESS LENDING. ``The United States Executive Director at the International Monetary Fund may not support any proposal that would alter the criteria used by the Fund for exceptional access lending if the proposal would permit a country that is ineligible, before the proposed alteration, to receive exceptional access lending, unless, not later than 30 days before consideration of the proposal by the Board of Executive Directors of the Fund, the Secretary of the Treasury has submitted to the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate a report on the justification for the proposal and the effects of the proposed alteration on moral hazard and repayment risk at the Fund.''. SEC. 6. MONITORING AND TECHNICAL ASSISTANCE. Nothing in this Act shall be interpreted as requiring the opposition of the United States to the provision of monitoring, technical assistance, or advisory services by the International Monetary Fund.
IMF Reform and Integrity Act This bill amends the Bretton Woods Agreements Act to direct the United States to oppose: International Monetary Fund (IMF) financing in conjunction with financing by a multilateral organization of which the United States is not a member if such organization's financing would exceed the IMF's financing or the debtor's IMF obligation is not made explicitly senior to the debtor's obligation to the multilateral organization; any proposal to make additional resources available to the IMF or to increase the quota of any IMF member who is a member of a multilateral organization of which the United States is not a member if, during the previous 24 months, either the IMF has approved or disbursed financing in conjunction with financing provided by such multilateral organization or an obligation to the IMF from such approval or disbursement has not been fully repaid; any proposed IMF loan to a country about which an IMF staff analytical report finds no high probability that the country's public debt is sustainable in the medium term (currently, only if the proposed loan is not likely to be repaid in full); and any proposal that would alter IMF criteria for exceptional access lending such that an ineligible country would become eligible for such lending, unless the Department of the Treasury has submitted a justification for such proposal, including its effects on repayment risk. The bill cancels and rescinds certain deactivated IMF funds.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Buildings Cost Reduction Act of 2007''. SEC. 2. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM. (a) Establishment.-- (1) In general.--The Administrator of General Services (referred to in this section as the ``Administrator'') shall establish a program to accelerate the use of more cost- effective technologies and practices at GSA facilities. (2) Requirements.--The program established under this subsection shall-- (A) ensure centralized responsibility for the coordination of cost reduction recommendations, practices, and activities of all relevant Federal agencies; (B) provide technical assistance and operational guidance to applicable tenants in order to achieve the goals identified in subsection (c)(2)(A); and (C) establish methods to track the success of departments and agencies with respect to the goals identified in subsection (c)(2)(A). (b) Accelerated Use of Cost-Effective Lighting Technologies.-- (1) Review.-- (A) In general.--As part of the program under this subsection, not later than 90 days after the date of enactment of this Act, the Administrator shall conduct a review of-- (i) current use of cost-effective lighting technologies in GSA facilities; and (ii) the availability to managers of GSA facilities of cost-effective lighting technologies. (B) Requirements.--The review under subparagraph (A) shall-- (i) examine the use of cost-effective lighting technologies and other cost-effective technologies and practices by Federal agencies in GSA facilities; and (ii) identify, in consultation with the Environmental Protection Agency, cost-effective lighting technology standards that could be used for all types of GSA facilities. (2) Replacement.-- (A) In general.--As part of the program under this subsection, not later than 180 days after the date of enactment of this Act, the Administrator shall establish a cost-effective lighting technology acceleration program to achieve maximum feasible replacement of existing lighting technologies with more cost-effective lighting technologies in each GSA facility using available appropriations. (B) Acceleration plan timetable.-- (i) In general.--To implement the program established under subparagraph (A), not later than 1 year after the date of enactment of this Act, the Administrator shall establish a timetable including milestones for specific activities needed to replace existing lighting technologies with more cost-effective lighting technologies, to the maximum extent feasible (including at the maximum rate feasible), at each GSA facility. (ii) Goal.--The goal of the timetable under clause (i) shall be to complete, using available appropriations, maximum feasible replacement of existing lighting technologies with more cost-effective lighting technologies by not later than the date that is 5 years after the date of enactment of this Act. (c) GSA Facility Cost-Effective Technologies and Practices.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall-- (1) ensure that a manager responsible for accelerating the use of cost-effective technologies and practices is designated for each GSA facility; and (2) submit to Congress a plan, to be implemented to the maximum extent feasible (including at the maximum rate feasible) using available appropriations, by not later than the date that is 5 years after the date of enactment of this Act, that-- (A) identifies the specific activities needed to achieve a 20-percent reduction in operational costs through the application of cost-effective technologies and practices from 2003 levels at GSA facilities by not later than 5 years after the date of enactment of this Act; (B) describes activities required and carried out to estimate the funds necessary to achieve the reduction described in subparagraph (A); (C) describes the status of the implementation of cost-effective technologies and practices at GSA facilities, including-- (i) the extent to which programs, including the program established under subsection (b), are being carried out in accordance with this Act; and (ii) the status of funding requests and appropriations for those programs; (D) identifies within the planning, budgeting, and construction process all types of GSA facility-related procedures that inhibit new and existing GSA facilities from implementing cost-effective technologies and practices; (E) recommends language for uniform standards for use by Federal agencies in implementing cost-effective technologies and practices; (F) in coordination with the Office of Management and Budget, reviews the budget process for capital programs with respect to alternatives for-- (i) permitting Federal agencies to retain all identified savings accrued as a result of the use of cost-effective technologies and practices; and (ii) identifying short- and long-term cost savings that accrue from cost-effective technologies and practices; (G) achieves cost savings through the application of cost-effective technologies and practices sufficient to pay the incremental additional costs of installing the cost-effective technologies and practices by not later than the date that is 5 years after the date of installation; and (H) includes recommendations to address each of the matters, and a plan for implementation of each recommendation, described in subparagraphs (A) through (G). (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended. SEC. 3. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT PROGRAM FOR LOCAL GOVERNMENTS. (a) Grant Program.-- (1) In general.--The Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') shall establish a demonstration program under which the Administrator shall provide competitive grants to assist local governments (such as municipalities and counties), with respect to local government buildings-- (A) to deploy cost-effective technologies and practices; and (B) to achieve operational cost savings, through the application of cost-effective technologies and practices, as verified by the Administrator. (2) Cost sharing.-- (A) In general.--The Federal share of the cost of an activity carried out using a grant provided under this section shall be 40 percent. (B) Waiver of non-federal share.--The Administrator may waive up to 100 percent of the local share of the cost of any grant under this section should the Administrator determine that the community is economically distressed, pursuant to objective economic criteria established by the Administrator in published guidelines. (3) Maximum amount.--The amount of a grant provided under this subsection shall not exceed $1,000,000. (b) Guidelines.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall issue guidelines to implement the grant program established under subsection (a). (2) Requirements.--The guidelines under paragraph (1) shall establish-- (A) standards for monitoring and verification of operational cost savings through the application of cost-effective technologies and practices reported by grantees under this section; (B) standards for grantees to implement training programs, and to provide technical assistance and education, relating to the retrofit of buildings using cost-effective technologies and practices; and (C) a requirement that each local government that receives a grant under this section shall achieve facility-wide cost savings, through renovation of existing local government buildings using cost- effective technologies and practices, of at least 40 percent as compared to the baseline operational costs of the buildings before the renovation (as calculated assuming a 3-year, weather-normalized average). (c) Compliance With State and Local Law.--Nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the relevant requirement of this section. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2007 through 2012. (e) Reports.-- (1) In general.--The Administrator shall provide annual reports to Congress on cost savings achieved and actions taken and recommendations made under this section, and any recommendations for further action. (2) Final report.--The Administrator shall issue a final report at the conclusion of the program, including findings, a summary of total cost savings achieved, and recommendations for further action. (f) Termination.--The program under this section shall terminate on September 30, 2012. SEC. 4. DEFINITIONS. In this Act: (1) Cost-effective lighting technology.-- (A) In general.--The term ``cost-effective lighting technology'' means a lighting technology that-- (i) will result in substantial operational cost savings by ensuring an installed consumption of not more than 1 watt per square foot; or (ii) is contained in a list under-- (I) section 553 of Public Law 95- 619 (42 U.S.C. 8259b); and (II) Federal acquisition regulation 23-203. (B) Inclusions.--The term ``cost-effective lighting technology'' includes-- (i) lamps; (ii) ballasts; (iii) luminaires; (iv) lighting controls; (v) daylighting; and (vi) early use of other highly cost- effective lighting technologies. (2) Cost-effective technologies and practices.--The term ``cost-effective technologies and practices'' means a technology or practice that-- (A) will result in substantial operational cost savings by reducing utility costs; and (B) complies with the provisions of section 553 of Public Law 95-619 (42 U.S.C. 8259b) and Federal acquisition regulation 23-203. (3) Operational cost savings.-- (A) In general.--The term ``operational cost savings'' means a reduction in end-use operational costs through the application of cost-effective technologies and practices, including a reduction in electricity consumption relative to consumption by the same customer or at the same facility in a given year, as defined in guidelines promulgated by the Administrator pursuant to section 3(b), that achieves cost savings sufficient to pay the incremental additional costs of using cost-effective technologies and practices by not later than the date that is 5 years after the date of installation. (B) Inclusions.--The term ``operational cost savings'' includes savings achieved at a facility as a result of-- (i) the installation or use of cost- effective technologies and practices; or (ii) the planting of vegetation that shades the facility and reduces the heating, cooling, or lighting needs of the facility. (C) Exclusion.--The term ``operational cost savings'' does not include savings from measures that would likely be adopted in the absence of cost- effective technology and practices programs, as determined by the Administrator. (4) GSA facility.-- (A) In general.--The term ``GSA facility'' means any building, structure, or facility, in whole or in part (including the associated support systems of the building, structure, or facility) that-- (i) is constructed (including facilities constructed for lease), renovated, or purchased, in whole or in part, by the Administrator for use by the Federal Government; or (ii) is leased, in whole or in part, by the Administrator for use by the Federal Government-- (I) except as provided in subclause (II), for a term of not less than 5 years; or (II) for a term of less than 5 years, if the Administrator determines that use of cost-effective technologies and practices would result in the payback of expenses. (B) Inclusion.--The term ``GSA facility'' includes any group of buildings, structures, or facilities described in subparagraph (A) (including the associated energy-consuming support systems of the buildings, structures, and facilities). (C) Exemption.--The Administrator may exempt from the definition of ``GSA facility'' under this paragraph a building, structure, or facility that meets the requirements of section 543(c) of Public Law 95-619 (42 U.S.C. 8253(c)).
Public Buildings Cost Reduction Act of 2007 - (Sec. 2) Requires the Administrator of General Services to establish a program to accelerate the use of more cost-effective technologies and practices at General Services Administration (GSA) facilities. Requires such program to: (1) ensure centralized responsibility for the coordination of cost reduction recommendations, practices, and activities of all relevant federal agencies; (2) provide technical assistance and operational guidance to tenants in order to achieve a 20% reduction in operational costs through the application of cost-effective technologies and practices from 2003 levels at GSA facilities by not later than five years after this Act's enactment; and (3) establish methods to track the success of departments and agencies with respect to the reduction goal. Requires the Administrator, as part of such program, to: (1) review the current use of cost-effective lighting technologies in GSA facilities and the availability to managers of GSA facilities of cost-effective lighting technologies; and (2) establish a cost-effective lighting technology acceleration program to achieve maximum feasible replacement of existing lighting technologies with more cost-effective lighting technologies in each GSA facility using available appropriations. Requires the Administrator to annually ensure that a manager responsible for accelerating the use of cost-effective technologies and practices is designated for each GSA facility. Requires the Administrator to annually submit to Congress a plan that: (1) identifies the specific activities needed to achieve a 20% reduction in operational costs; (2) describes activities required and carried out to estimate the funds necessary to achieve such reduction; (3) describes the status of the implementation of cost-effective technologies and practices at GSA facilities; (4) identifies within the planning, budgeting, and construction process all types of GSA facility-related procedures that inhibit new and existing GSA facilities from implementing cost-effective technology and practices; (5) recommends language for uniform standards for use by federal agencies in implementing cost-effective technologies and practices; (6) reviews the budget process for capital programs with respect to alternatives for permitting federal agencies to retain all identified savings accrued as a result of the use of cost-effective technologies and practices and identifying cost savings that accrue from cost-effective technologies and practices; (7) achieves cost savings through the application of such technologies and practices sufficient to pay the incremental additional costs of installing them by not later than the five years after the date of installation; and (8) includes recommendations to address each of the matters and a plan for implementation of each recommendation. (Sec. 3) Requires the Administrator of the Environmental Protection Agency (EPA) to establish a demonstration program under which the Administrator shall provide competitive grants program to assist local governments with respect to local government buildings to: (1) deploy cost-effective technologies and practices; and (2) achieve operational cost savings, through the application of such technologies and practices. Provides that the federal share of the cost of an activity carried out using a grant shall be 40%. Requires the Administrator to waive up to 100% of the local share of the cost of any grant under this Act if the community is economically distressed, pursuant to objective economic criteria established by the Administrator. Requires the Administrator to issue guidelines to implement the grant program. Authorizes appropriations to carry out this Act. Requires the Administrator to report to Congress on the cost savings achieved, action taken, recommendations made under this Act, and any recommendations for further action. Terminates the program on September 30, 2012.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Worker Safety Act of 2017''. SEC. 2. SOCIAL WORKER SAFETY GRANT PROGRAM. (a) Grants Authorized.--The Secretary of Health and Human Services may award grants to States to provide safety measures to social workers and other similar professionals (as designated by the Secretary) working with violent, illicit drug-using, or other at-risk populations. (b) Use of Funds.--Grants awarded pursuant to subsection (a) may be used to provide or support the following safety measures: (1)(A) The procurement and installation of safety equipment, including communications or recording systems, such as cell phones, wearable tracking devices with GPS/Bluetooth locator, or panic buttons used for supervised foster care visits and other client visits to assist agencies in locating staff. (B) Technical assistance and training for safety communications. (2) Training sessions and exercises for self-defense and crisis, together with such organizations as local law enforcement. (3) Facility safety improvements. (4) Training in cultural competency, including linguistic training, and training on strategies for de-escalating a situation that could turn volatile. (5) Training to help work with clients who-- (A) have serious mental and substance use disorders; or (B) have behavioral problems and need help coping. (6) Educational resources and materials to train staff on safety and awareness measures. (7) Support services, counseling, and additional resources for social workers who have experienced safety issues or trauma-related incidents in the workplace. (8) Installation of a local data incident tracking system to monitor, prevent, and mitigate future offenses against social workers. (9) Other policy developments and implementation activities determined by the Secretary for social work safety training, resources, and support. (c) Application.-- (1) In general.--A State seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such additional information as the Secretary may require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the type of agencies that will receive funding through the grant and type of work to be done by such agencies; (B) describe the specific activities for which the grant is sought and include a program budget; and (C) contain an assurance that the applicant will evaluate the effectiveness of the safety measures provided through the grant. (d) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to applicants that-- (1) demonstrate the greatest need based on documented incidents; and (2) seek to provide assistance to multiple agencies. (e) Quality Assurance and Cost Effectiveness.--The Secretary shall establish guidelines for ensuring the quality and cost effectiveness of the safety measures funded under this section. (f) Technical Assistance.--The Secretary may provide technical assistance to recipients of a grant under this section with respect to planning, developing, implementing, and sustaining safety measures through the grant. (g) Report Requirement.--States receiving a grant under this section shall submit to the Secretary, not later than 2 years after such receipt, a report that includes-- (1) an assessment of the activities funded in whole or in part with the grant; (2) the range and scope of training opportunities provided through training programs funded in whole or in part through a grant under this section, including the numbers and percentages of social workers engaged in such training programs; and (3) the incidence of threats to social workers, if any, and the strategies used to address their safety. (h) Non-Federal Share.--With respect to the costs of safety measures to be provided pursuant to a grant under subsection (a), the State receiving the grant shall agree to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is $1 for each $1 of Federal funds awarded through the grant. (i) Definitions.--In this section: (1) The term ``Secretary'' means the Secretary of Health and Human Services. (2) The term ``social work'' means-- (A) the professional activity of helping individuals, groups, or communities to enhance or restore capacity for social and psychosocial functioning, and to create societal conditions favorable to such enhancement or restoration; and (B) the professional application of values, principles, and techniques related to the activities described in subparagraph (A), including-- (i) diagnosing mental and emotional disorders and treating individuals, families, or groups for such disorders; and (ii) helping individuals, families, or groups to obtain tangible services, including personal, protective, informational, advisory, community, or maintenance services in order to improve the overall well-being of individuals. (3) The term ``social worker'' means an individual with a baccalaureate, master's, or doctoral degree in social work from an institution of higher education who uses knowledge and skills to provide social work services for individuals, families, groups, communities, organizations, or society in general. (j) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2018 through 2022.
Social Worker Safety Act of 2017 This bill allows the Department of Health and Human Services to award grants to states for providing safety measures to social workers and other similar professionals working with violent, illicit drug-using, or other at-risk populations.
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SECTION 1. DUTY-FREE ENTRIES. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.98.04 Personal effects of participants in, officials of, and other individuals associated with the XXVI Summer Olympiad or the Cultural Olympiad associated with the XXVI Summer Olympiad; and other articles associated with the XXVI Summer Olympiad or the Cultural Olympiad: .. .......... (1) Personal effects of participants in, officials of, or accredited members of delegations to the XXVI Summer Olympiad or the Cultural Olympiad associated with the XXVI Summer Olympiad, or of individuals who are members of the immediate families or servants of any of the foregoing persons. .. .......... (2) Any article for which entry is sought by participants in, officials of, or accredited members of delegations to the XXVI Summer Olympiad and which is to be used or consumed at or in connection with the Olympiad. .. .......... (3) Any article for which entry is sought by participants in, officials of, or accredited members of delegations to the Cultural Olympiad associated with the XXVI Summer Olympiad and which is to be used at or in connection with the Cultural Olympiad. .. .......... (4) Subject to No change Free On or before 10/ regulations 4/96 '' prescribed by the . Secretary of the Treasury, any other article for which entry is sought for use at or in connection with the XXVI Summer Olympiad Free
Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through October 4, 1996, of the personal effects of, and other articles sought by, participants, their families and associated members, and officials involved in the XXVI Summer Olympiad and associated Cultural Olympiad in Atlanta, Georgia.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``EEOC Transparency and Accountability Act''. SEC. 2. AVAILABILITY OF INFORMATION ABOUT CASES ON THE EEOC WEBSITE. (a) In General.--Beginning not later than 30 days after the date of enactment of this Act, the Equal Employment Opportunity Commission shall maintain the following up-to-date information on its public website: (1) A description of each case brought in court by the Commission, not later than 30 days after a judgment is made with respect to any cause of action in the case, without regard to whether the judgment is final. Such description shall identify-- (A) the court in which the case was brought; (B) the name and case number of the case, the nature of the allegation, the causes of action brought, and the outcome of each cause of action in the case; (C) each instance in which the Commission was ordered to pay fees and costs, including the amount of such fees and costs ordered to be paid and, when applicable, the amount of fees and costs actually paid by the Commission and the reason for the fee or cost award; (D) whether the case was authorized by a majority vote of the Commission or was brought pursuant to the Commission's delegation of authority to the General Counsel of the Commission, including the basis on which the General Counsel determined that submission to the Commission for authorization was not necessary and a justification of that decision; (E) any case in which a sanction was imposed on the Commission, including the amount of such sanction and the reason for the sanction; and (F) any appeal and the outcome of the appeal. (2) The total number of charges of an alleged unlawful employment practice filed during the preceding fiscal year by a member of the Commission, as authorized by the Commissioner charge authority under section 706(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(b)) and section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)), and the total number of resolutions of such charges disaggregated by type of resolution. (3) The total number of charges of an alleged unlawful employment practice filed during the preceding fiscal year as a result of the Commission's use of its directed investigation authority under section 7(a) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(a)) and section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)), and the total number of resolutions of such charges disaggregated by type of resolution. (4) Each case of systemic discrimination (including pattern or practice discrimination) brought in court by the Commission under section 706 or 707 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5, 2000e-6) within the preceding 30 days, the court in which the case was brought, the name and case number of the case, the industry involved, the employment practice or practices at issue, the nature of the alleged discrimination, and the circumstances of the systemic discrimination alleged in the case. (b) Disaggregation.--With respect to the total number of charges of alleged unlawful employment practices provided under paragraphs (2) and (3) of subsection (a), the Commission shall, on its public website, disaggregate each such total number by the number of such charges filed in each Commission District, and within each Commission District, by the number of such charges alleging discrimination on the basis of, or filed under, each of the following: (1) Race. (2) Sex. (3) National Origin. (4) Religion. (5) Color. (6) Retaliation. (7) Age. (8) Disability. (9) Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)). (c) Annual Performance Report.--Beginning fiscal year 2016, the Commission shall include in its annual performance report under section 1116 of title 31, United States Code, the information described in paragraphs (1) through (4) of subsection (a) for the preceding fiscal year, except that such information shall not be disaggregated in accordance with subsection (b). SEC. 3. GOOD FAITH CONFERENCE, CONCILIATION, AND PERSUASION. Section 706(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 5(b)) is amended-- (1) in the sixth sentence-- (A) by striking ``shall endeavor'' and inserting ``shall use good faith efforts to endeavor''; and (B) by inserting ``bona fide'' after ``conference,''; (2) in the seventh sentence-- (A) by inserting ``, good faith'' after ``such informal''; and (B) by striking ``persons concerned'' and inserting ``employer, employment agency, or labor organization, except for the sole purpose of allowing a party to any pending litigation to present to the reviewing court evidence to ensure the Commission's compliance with its obligations under this section prior to filing suit''; and (3) by adding at the end the following: ``No action or suit may be brought by the Commission under this title unless the Commission has in good faith exhausted its conciliation obligations as set forth in this subsection. No action or suit shall be brought by the Commission unless it has certified that conciliation is at impasse. The determination as to whether the Commission engaged in bone fide conciliation efforts shall be subject to judicial review. The Commission's good faith obligation to engage in bona fide conciliation shall include providing the employer, employment agency, or labor organization believed to have engaged in an unlawful employment practice with all information regarding the legal and factual bases for the Commission's determination that reasonable causes exist as well as all information that supports the Commission's requested monetary and other relief (including a detailed description of the specific individuals or employees comprising the class of persons for whom the Commission is seeking relief and any additional information requested that is reasonably related to the underlying cause determination or necessary to conciliate in good faith).''. SEC. 4. REPORTING TO CONGRESS REGARDING CASES IN WHICH THE EEOC IS ORDERED TO PAY FEES AND COSTS OR SANCTIONS. (a) Investigation and Report of Inspector General.--In any case brought by the Equal Employment Opportunity Commission in which a court orders the Commission to pay fees and costs or imposes a sanction on the Commission, the Inspector General of the Commission shall-- (1) notify the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate of the order or sanction within 14 days of the court's decision, including the name of the case, the nature of the court's determination, and the amount of fees and costs ordered or the amount of the sanction imposed by the court; and (2) conduct an investigation to determine why an order for sanction, fees, or costs was imposed by the court, and, not later than 90 days after the court's decision, submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate that includes-- (A) information obtained from interviews and affidavits of each member and staff person of the Commission involved in the case; (B) the amount of resources allocated to the case, including in terms of full-time equivalents; (C) a comparison of the case to other cases in which a court ordered fees and costs or imposed sanctions against the Commission; (D) if the determination to bring the case was not by a vote of the full Commission, the reasons such a vote was not held; and (E) any other relevant information. (b) Report of the Commission.--For any case described in subsection (a), the Commission, in consultation with the General Counsel of the Commission, shall-- (1) not later than 60 days after the court's decision, submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate detailing the steps the Commission is taking to reduce instances in which a court orders the Commission to pay fees and costs or imposes a sanction on the Commission; and (2) not later than 30 days after the report is submitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate under paragraph (1), post such report on its public website.
EEOC Transparency and Accountability Act Directs the Equal Employment Opportunity Commission (EEOC) to provide information on its public website regarding each case brought in court by the EEOC after a judgment is made with respect to any cause of action. Requires such information to include: (1) instances in which the EEOC was ordered to pay fees and costs; (2) cases in which a sanction was imposed on the EEOC; (3) the total number of charges of an alleged unlawful employment practice filed under specified provisions of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the Fair Labor Standards Act of 1938; and (4) cases of systemic discrimination, including pattern or practice discrimination. Amends the Civil Rights Act of 1964 to prohibit the EEOC from bringing a suit unless it exhausts its obligation to engage in an informal conciliation and certifies that conciliation is at impasse. Makes the determination as to whether the EEOC has engaged in a bona fide conciliation subject to judicial review. Directs the EEOC Inspector General to notify Congress of any sanctions, fees, or costs imposed on the EEOC by a court. Requires the Inspector General to investigate such cases and the EEOC to report to Congress regarding the steps being taken to reduce such instances.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Veterans' Opportunity in Education and Business Act of 2008''. SEC. 2. CONTRACTING GOALS AND PREFERENCES FOR VETERAN-OWNED SMALL BUSINESS CONCERNS. Section 8127 of title 38, United States Code, is amended-- (1) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and (2) by inserting after subsection (i) the following: ``(j) Applicability of Requirements to Contracts.--(1) If the Secretary enters, on or after June 1, 2007, into a contract, memorandum of understanding, agreement, or other arrangement with any governmental entity or person to acquire goods or services, or both, the Secretary shall include in such contract, memorandum, agreement, or other arrangement a requirement that the entity or person will comply with the provisions of this section in acquiring such goods or services, or both. ``(2) Coordination.--The Secretary shall take such action as may be necessary to ensure that the efforts to comply with this section of the Department and governmental entities and persons to which paragraph (1) applies are coordinated. ``(3) The Secretary shall modify contracts, memoranda of understanding, agreements, and other arrangements of the Department in effect on the date of enactment of the Improving Veterans' Opportunity in Education and Business Act of 2008 to comply with this subsection. ``(4) Nothing in this subsection shall be construed to supersede or otherwise affect the authorities provided by and under the Small Business Act (15 U.S.C. 631 et seq.)''. SEC. 3. FIVE-YEAR PILOT PROGRAM FOR ON-CAMPUS WORKSTUDY POSITIONS. (a) Establishment of Pilot Program.--The Secretary of Veterans Affairs shall conduct a five-year pilot project to test the feasibility and advisability of expanding the scope of qualifying workstudy activities for purposes of section 3485(a)(4) of title 38, United States Code, including workstudy positions available on site at educational institutions. (b) Type of Workstudy Positions.--The workstudy positions referred to in subsection (a) may include positions in academic departments (including positions as tutors or research, teaching, and lab assistants) and in student services (including positions in career centers and financial aid, campus orientation, cashiers, admissions, records, and registration offices). (c) Regulations.--The Secretary shall issue regulations to carry out the pilot project under this section, including regulations providing for the supervision of workstudy positions referred to in subsection (a) by appropriate personnel of the Department. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2009 through 2013 to carry out the pilot project under this section. (e) Funding.--Notwithstanding any other provision of law, this section shall not be carried out with any funds provided for or under any authority of the Readjustment benefits program described by the list of Appropriated Entitlements and Mandatories for Fiscal Year 1997 contained in the Conference Report to accompany H.R. 2015 of the 105th Congress, the Balanced Budget Act of 1997 (H. Report 105-217). Instead, no funds shall be obligated for the purpose of carrying out this section except discretionary funds appropriated specifically for the purpose of carrying out this section in appropriation Acts enacted after the date of the enactment of this Act. SEC. 4. MILITARY OCCUPATIONAL SPECIALTY TRANSITION (MOST) PROGRAM. (a) In General.--Subchapter II of chapter 36 of title 38, United States Code, is amended by inserting after section 3687 the following new section: ``Sec. 3687A. Military occupational specialty transition (MOST) program ``(a) Establishment; Eligibility.-- ``(1) In general.--Subject to the availability of appropriations, the Secretary shall carry out a program of training to provide eligible veterans with skills relevant to the job market. ``(2) Eligible veteran.--For purposes of this section, the term `eligible veteran' means any veteran if-- ``(A) such veteran's military occupational specialty at the time of discharge is determined by the Secretary to have limited transferability to the civilian job market; ``(B) such veteran is not otherwise eligible for education or training services under this title; ``(C) such veteran has not acquired a marketable skill since leaving military service; ``(D) such veteran was discharged under conditions not less than general under honorable conditions; and ``(E)(i) such veteran has been unemployed for at least 90 of the 180 days preceding the date of application for the program established under this section; or ``(ii) the maximum hourly rate of pay of such veteran during such 180-day period is not more than 150 percent of the Federal minimum wage. ``(b) MOST Program.--The program established under this section shall provide for payments to employers who provide for eligible veterans a program of apprenticeship or on-the-job training if-- ``(1) such program is approved as provided in paragraph (1) or (2) of section 3687(a) of this title; ``(2) the rate of pay for veterans participating in the program is not less than the rate of pay for nonveterans in similar jobs; and ``(3) the Secretary reasonably expects that-- ``(A) the veteran will be qualified for employment in that field upon completion of training; and ``(B) the employer providing the program will hire the veteran at the completion of training. ``(c) Payments to Employers.-- ``(1) In general.--Subject to the availability of appropriations, the Secretary shall enter into contracts with employers to provide programs of apprenticeship or on-the-job training which meet the requirements of this section. Such contract shall provide for the payment of the amounts described in subsection (b) to employers whose programs meet such requirements. ``(2) Amount of payments.--The amount paid under this section with respect to any eligible veteran for any period shall be 50 percent of the wages paid by the employer to such veteran for such period. Wages shall be calculated on an hourly basis. ``(3) Amount and duration of payments.-- ``(A) In general.--Except as provided in subparagraph (B)-- ``(i) the amount paid under this section with respect to a veteran participating in the program established under this section may not exceed $20,000 in the aggregate and $1,666.67 per month; and ``(ii) such payments may only be made during the first 12 months of such veteran's participation in the program. ``(B) Veterans participating on less than full-time basis.--In the case of a veteran participating in the program on a less than full-time basis, the Secretary may extend the number of months of payments under subparagraph (A) and proportionally adjust the amount of such payments, but the maximum amount paid with respect to a veteran may not exceed the maximum amount of $20,000 and the maximum amount of such payments may not exceed 24 months. ``(4) Payments made on quarterly basis.--Payments under this section shall be made on a quarterly basis. ``(5) Employer report.--Each employer providing a program of apprenticeship or on-the-job training pursuant to this section shall submit to the Secretary on a quarterly basis a report certifying the wages paid to eligible veterans under such program (which shall be certified by the veteran as being correct) and containing such other information as the Secretary may specify. Such report shall be submitted in the form and manner required by the Secretary. ``(d) Authorization of Appropriations.--There is authorized to be appropriated $60,000,000 for each of fiscal years 2009 through 2018 to carry out this section. ``(e) Reporting.--The Secretary shall include a detailed description of activities carried out under this section in the annual report prepared by the Veterans Benefits Administration. ``(f) Separate Accounting.--The Department shall have a separate line item in budget proposals of the Department for funds to be appropriated to carry out this section.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 3687 the following new item: ``3687A. Military occupational specialty transition (MOST) program.''. (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 of such title is amended by striking ``and 3687'' and inserting ``3687, and 3687A''. (2) Subsections (a)(1) and (c) of section 3241 of such title are each amended by striking ``section 3687'' and inserting ``sections 3687 and 3687A''. (3) Subsection (d)(1) of section 3672 of such title is amended by striking ``and 3687'' and inserting ``3687, and 3687A''. (4) Paragraph (3) of section 4102A(b) of such title is amended by striking ``section 3687'' and inserting ``section 3687 or 3687A''. Passed the House of Representatives July 31, 2008. Attest: LORRAINE C. MILLER, Clerk.
Improving Veterans' Opportunity in Education and Business Act of 2008 - Requires that, if the Secretary of Veterans Affairs enters into a contract or other arrangement, on or after June 1, 2007, to acquire goods or services (or both), the Secretary shall include in such contract or arrangement a requirement that the contractee comply with Department of Veterans Affairs (VA) contracting goals and preferences with respect to small businesses owned and controlled by veterans and service-disabled veterans. Directs the Secretary to modify current contracts and arrangements to comply with requirements of this Act. Requires the Secretary to conduct a five-year pilot project to test the feasibility and advisability of expanding the scope of VA workstudy activities to include workstudy positions available on site at educational institutions, including positions in academic departments and in student services. Authorizes appropriations. Directs the Secretary to carry out a program of job training in skills relevant to the job market for discharged veterans who are either currently not paid at more than 150% of the federal minimum wage, or: (1) had a military occupational specialty of limited transferability to the civilian job market; (2) are not otherwise eligible for veterans' education or training services; (3) have not acquired a marketable skill since leaving military service; (4) were discharged under conditions not less than honorable; and (5) have been unemployed for at least 90 of the previous 180 days. Designates the program as the MOST (military occupational specialty transition) Program. Directs the Secretary to contract with employers to provide programs of apprenticeship on on-job training for such veterans. Limits such payments to $20,000 per veteran and 24 months in duration. Requires quarterly employer reports certifying wages paid to such veterans. Authorizes appropriations. Requires the Secretary to describe Program activities within a currently-required annual report by the Veterans Benefits Administration.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Yellowstone Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The January 22, 2001, rule phasing out snowmobile use in Yellowstone National Park, Grand Teton National Park, and the John D. Rockefeller, Jr. Memorial Parkway was made by professionals in the National Park Service who based their decision on law, 10 years of scientific study, and extensive public process. (2) An environmental impact statement that formed the basis for the rule concluded that snowmobile use is impairing or adversely impacting air quality, natural soundscapes, wildlife, public and employee health and safety, and visitor enjoyment. According to the Environmental Protection Agency, the environmental impact statement had ``among the most thorough and substantial science base that we have seen supporting a NEPA document''. (3) The National Park Service concluded that snowmobile use is violating the mission given to the agency by Congress--to manage the parks ``in such manner and by such means as will leave them unimpaired for the enjoyment of future generations''. The National Park Service also found that snowmobile use is ``inconsistent with the requirements of the Clean Air Act, Executive Orders 11644 and 11989 [by Presidents Nixon and Carter, relating to off-road vehicle use on public lands], the NPS's general snowmobile regulations and NPS management objectives for the parks''. (4) In order to maintain winter visitor access, the Park Service outlined a plan to use the already existing mode of winter transportation known as snowcoaches, which are mass transit, oversnow vehicles similar to vans. The final rule states that a snowcoach transit system ``would reduce adverse impacts on park resources and values, better provide for public safety, and provide for public enjoyment of the park in winter''. (5) The National Park Service Air Resources Division determined that despite being outnumbered by automobiles 16 to 1 during the course of a year, snowmobiles produce up to 68 percent of Yellowstone's carbon monoxide pollution and up to 90 percent of the park's annual hydrocarbon emissions. (6) Noise from snowmobiles routinely disrupts natural sounds and natural quiet at popular Yellowstone attractions. A February 2000 ``percent time audible'' study found snowmobile noise present more than 90 percent of the time at 8 of 13 sites. (7) In Yellowstone's severe winter climate, snowmobile traffic regularly disturbs and harasses wildlife. In October 2001, 18 eminent scientists warned the Secretary of the Interior that ``ignoring this information would not be consistent with the original vision intended to keep our national parks unimpaired for future generations. National Park Service regulations allow snowmobile use only when that use will not disturb wildlife . . .'' (36 CFR 2.18(c)). (8) At Yellowstone's west entrance, park rangers and fee collectors suffer from symptoms of carbon monoxide poisoning due to snowmobile exhaust. According to National Park Service records, in December 2000, a dozen park employees filed medical complaints citing sore throats, headaches, lethargy, eye irritation, and tightness in the lungs. Their supervisor requested more staff at the west entrance, not because of a need for additional personnel to cover the work there, but so the supervisor could begin rotating employees more frequently out of the ``fume cloud'' for the sake of their health. In 2002, for the first time in national park history, rangers were issued respirators to wear while performing their duties. (9) The public opportunity to engage in the environmental impact study process was extensive and comprehensive. During the 3-year environmental impact study process and rulemaking, there were 4 opportunities for public consideration and comment. The Park Service held 22 public hearings in regional communities such as West Yellowstone, Cody, Jackson, and Idaho Falls, and across the Nation. The agency received over 70,000 individual comments. At each stage of the input process, support for phasing out snowmobiles grew, culminating in a 4- to-1 majority in favor of the rule in early 2001. More recently, 82 percent of those commenting wrote in favor of the National Park Service decision to phase out snowmobile use in the parks. SEC. 3. FINAL RULE CODIFIED. Beginning on the date of the enactment of this Act, the Secretary of the Interior shall implement the final rule to phase out snowmobile use in Yellowstone National Park, the John D. Rockefeller Jr. Memorial Parkway, and Grand Teton National Park, and snowplane use in Grand Teton National Park, as published in the Federal Register on January 22, 2001 (66 Fed. Reg. 7260-7268). The Secretary shall not have the authority to modify or supersede any provision of that final rule.
Yellowstone Protection Act - Directs the Secretary of the Interior to implement the final rule to phase out snowplane use in Grand Teton National Park and snowmobile use in Yellowstone National Park, the John. D. Rockefeller Jr. Memorial Parkway, and Grand Teton National Park. Prohibits the Secretary from modifying or superseding any provisions of that final rule.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Debit Interchange Fee Study Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) in response to the proposed debit interchange rule of the Board of Governors of the Federal Reserve System mandated by section 1075 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Chairman of Board, the Comptroller of the Currency, the Chairperson of the Federal Deposit Insurance Corporation, and the Chairman of the National Credit Union Administration Board have publicly raised concerns about the impact of the proposed rule; (2) while testifying before the Committee on Banking, Housing, and Urban Affairs of the Senate on February 17, 2011, the Chairman of the Board stated in response to questions about the small bank exemption to the interchange rule, ``. . . there is some risk that the exemption will not be effective and that the interchange fees available through smaller institutions will be reduced to the same extent we would see for larger banks''; (3) the Acting Comptroller of the Currency, in comments to the Board, cited safety and soundness concerns and stated, ``. . . we believe the proposal takes an unnecessarily narrow approach to recovery of costs that would be allowable under the law and that are recognized and indisputably part of conducting a debit card business. This has long-term safety and soundness consequences--for banks of all sizes . . .''; (4) the chairperson of the Federal Deposit Insurance Corporation stated in comments to the Board regarding the proposed rule their concern that the small bank exemption would not work, stating, ``. . . we are concerned that these institutions may not actually receive the benefit of the interchange fee limit exemption explicitly provided by Congress, resulting in a loss of income for community banks and ultimately higher banking costs for their customers''; (5) the chairman of the National Credit Union Administration Board, in comments to the Board, cited concern with making sure there are ``meaningful exemptions for smaller card issuers''; and (6) all of the comments and concerns raised by the banking and credit union regulatory agencies cast serious questions about the practical implementation of section 1075 of the Dodd- Frank Wall Street Reform and Consumer Protection Act, and further study and consideration are needed. SEC. 3. RULEMAKING AND EFFECTIVE DATES. (a) Extension for Rulemaking Timelines and Revised Effective Date.--Section 920 of the Electronic Fund Transfer Act (15 U.S.C. 1693o-2) is amended-- (1) in subsection (a)(3)(A), by striking ``9 months after the date of enactment of the Consumer Financial Protection Act of 2010'' and inserting ``24 months after the date of enactment of the Debit Interchange Fee Study Act of 2011''; (2) in subsection (a)(5)(B)(i), by striking ``9 months after the date of enactment of the Consumer Financial Protection Act of 2010'' and inserting ``24 months after the date of enactment of the Debit Interchange Fee Study Act of 2011''; (3) in subsection (a)(8)(C), by striking ``9-month period beginning on the date of the enactment of the Consumer Financial Protection Act of 2010'' and inserting ``24-month period beginning on the date of enactment of the Debit Interchange Fee Study Act of 2011''; (4) in subsection (a)(9), by striking ``12-month period beginning on the date of the enactment of the Consumer Financial Protection Act of 2010'' and inserting ``30-month period beginning on the date of enactment of the Debit Interchange Fee Study Act of 2011''; (5) in subsection (b)(1)(A), by striking ``1-year period beginning on the date of the enactment of the Consumer Financial Protection Act of 2010'' and inserting ``24-month period beginning on the date of enactment of the Debit Interchange Fee Study Act of 2011''; and (6) in subsection (b)(1)(B), by striking ``1-year period beginning on the date of the enactment of the Consumer Financial Protection Act of 2010'' and inserting ``24-month period beginning on the date of enactment of the Debit Interchange Fee Study Act of 2011''. (b) Earlier Rulemaking Voided; New Rulemaking Required.--Any regulation proposed or prescribed by the Board pursuant to section 920 of the Electronic Fund Transfer Act (as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act) prior to the date that is 6 months after the date of completion of the study required under section 4 shall be withdrawn by the Board and shall have no legal effect. SEC. 4. STUDY. (a) Study Required.--Not later than 12 months after the date of enactment of this Act, the study agencies shall jointly submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives regarding the impact of regulating debit interchange transaction fees and related issues under section 920 of the Electronic Fund Transfer Act. (b) Subjects for Review.--In conducting the study required by this section, the study agencies shall examine the state of the debit interchange payment system, including the impact of section 920 of the Electronic Fund Transfer Act on consumers, entities that accept debit cards as payment, all financial institutions that issue debit cards, including small issuers, and debit card networks, and shall specifically examine-- (1) the costs and benefits of electronic debit card transactions and alternative forms of payment, including cash, check, and automated clearing house (ACH) for consumers, merchants, issuers, and debit card networks, including-- (A) individual consumer protections, ease of acceptance, payment guarantee, and security provided through such forms of payments for consumers; (B) costs and benefits associated with acceptance, handling, and processing of different forms of payments, including labor, security, verification, and collection where applicable; (C) the extent to which payment form impacts incremental sales and ticket sizes for merchants; (D) all direct and indirect costs associated with fraud prevention, detection, and mitigation, including data breach and identity theft, and the overall costs of fraud incurred by debit card issuers and merchants, and how those costs are distributed among those parties; and (E) financial liability and payment guarantee for debit card transactions and associated risks and costs incurred by debit card issuers and merchants, and how those costs are distributed among those parties; (2) the structure of the current debit interchange system, including-- (A) the extent to which the current structure offers merchants and issuers, particularly smaller merchants and issuers sufficient competitive opportunities to participate and negotiate in the debit interchange system; (B) an examination of the benefits of allowing interchange fees to be determined in bilateral negotiations between merchants and issuers, including small issuers directly; (C) mechanisms for allowing more price discovery and transparency on the part of the consumer; and (D) the ability of new competitors to enter the payment systems market and an examination into whether structural barriers to entry exist; and (3) the impact of the proposed rule reducing debit card interchange fees issued by the Board entitled, ``Debit Card Interchange Fees and Routing'' (75 Fed. Reg. 81,722 (Dec. 28, 2010)), if such proposed rule were adopted without change, including-- (A) the impact on consumers, including whether consumers would benefit from reduced interchanges fees through reduced retail prices; (B) the impact on lower and moderate income consumers and on small businesses with respect to the cost and accessibility of payment accounts and services, the availability of credit, and what alternative forms of financing are available and the cost of such financing; (C) the impact on consumer protection, including anti-fraud, customer identification efforts, and privacy protection; (D) the impact of reduced debit card interchange fees on merchants, including a comparison of the impact on small merchants versus large merchants; (E) the potential consequences to merchants if reduced debit interchange fees result in elimination of the payment guarantee or other reductions in debit card services to merchants or shift consumers to other forms of payments; (F) the impact of significantly reduced debit card interchange fees on debit card issuers and the services and rates they provide, if fees do not adequately recoup costs and investments made by issuers and the potential impact on the safety and soundness of issuers; (G) whether it is possible to exempt or treat differently a certain class of issuers within the debit interchange system, such as small issuers and the impact of market forces on such treatment; (H) the extent to which a transition to a fee cap from an interchange fee that is proportional to the overall cost of a transaction could provide a reasonable rate of return for issuers and adequately cover fraud and related costs; (I) the impact on other entities that utilize debit card transactions, including the debit card programs of Federal and State entities; (J) the impact of shifting debit transaction routing from card issuers to merchants, including resulting changes to interchange fees and costs for card issuers; and (K) the impact of mandating a specific number of enabled networks on merchants and debit card issuers, including the specific and unique impact on small issuers. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Board.--The term ``Board'' means the Board of Governors of the Federal Reserve System. (2) Study agencies.--The term ``study agencies'' means the Board, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the National Credit Union Administration. (3) Small issuers.--The term ``small issuers'' means debit card issuers that are depository institutions, including community banks and credit unions, with assets of less than $10,000,000,000.
Debit Interchange Fee Study Act of 2011 - Amends the Electronic Fund Transfer Act to extend from 9 months after the date of enactment of the Consumer Financial Protection Act of 2010 to 24 months after the date of enactment of this Act the rulemaking timelines and effective dates for the proposed debit interchange (swipe) rule of the Board of Governors of the Federal Reserve System (Board) that is required by the Dodd-Frank Wall Street Reform and Consumer Protection Act. Declares void and without legal effect any regulation proposed or prescribed by the Board pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act before the date that is 6 months after completion of the study required by this Act. Directs specified banking regulatory agencies (study agencies) to study jointly and report to certain congressional committees regarding the impact of regulating debit interchange transaction (swipe) fees and related issues under the Electronic Fund Transfer Act. Prescribes study contents including the costs and benefits of electronic debit card transactions (EDTs) and alternative forms of payment, including cash, check, and automated clearing house (ACH) for consumers, merchants, issuers, and debit card networks.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberty List Act''. SEC. 2. STATEMENT OF PURPOSE. The purpose of this Act is to-- (1) highlight the work and accomplishments of individuals, nongovernmental organizations, and the media that promote respect for religious freedom, democracy, and human rights in foreign countries; (2) draw attention to the conditions in such countries in which these individuals, nongovernmental organizations, and media struggle; (3) offer protection for these individuals, nongovernmental organizations, and media by identifying them to the international community; and (4) emphasize the special significance of respect for religious freedom, democracy, and human rights in United States foreign policy. SEC. 3. ANNUAL REPORT ON PROMOTION OF RELIGIOUS FREEDOM, DEMOCRACY, AND HUMAN RIGHTS IN FOREIGN COUNTRIES BY INDIVIDUALS, NONGOVERNMENTAL ORGANIZATIONS, AND THE MEDIA IN THOSE COUNTRIES. (a) Annual Report.--The Foreign Assistance Act of 1961 is amended by adding after section 116 (22 U.S.C. 2151n) the following new section: ``SEC. 116A. ANNUAL REPORT ON PROMOTION OF RELIGIOUS FREEDOM, DEMOCRACY, AND HUMAN RIGHTS IN FOREIGN COUNTRIES. ``(a) Report.--The Secretary of State shall annually submit to Congress a full and complete report regarding the promotion of religious freedom, democracy, and internationally recognized human rights in foreign countries by individuals, nongovernmental organizations, and media groups and organizations in those countries. The report shall be entitled the `Annual Report on the Promotion of Religious Freedom, Democracy, and Human Rights in Foreign Countries by Individuals, Nongovernmental Organizations, and Media Groups and Organizations'. ``(b) Preparation.--The Secretary shall prepare the Annual Report with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor and the Ambassador at Large for International Religious Freedom. ``(c) Contents.--The Annual Report shall contain, with respect to a foreign country, the following information: ``(1) An identification of individuals in the country who have made significant efforts to promote religious freedom, democracy, or internationally recognized human rights in that country, together with a description of the nature and extent of those efforts and an assessment of progress made as a result of those efforts. ``(2) An identification of nongovernmental organizations in the country that have made significant efforts to promote religious freedom, democracy, or internationally recognized human rights in that country, together with a description of the nature and extent of those efforts and an assessment of progress made as a result of those efforts. ``(3) An identification of media groups and organizations in the country that have made significant efforts to promote religious freedom, democracy, or internationally recognized human rights in that country, together with a description of the nature and extent of those efforts and an assessment of progress made as a result of those efforts. ``(d) Organization.--The Annual Report shall be organized in three parts, as follows: ``(1) Part I shall consist of the identification of individuals (and the associated assessment of their efforts) under subsection (b)(1). ``(2) Part II shall consist of the identification of nongovernmental organizations (and the associated assessment of their efforts) under subsection (b)(2). ``(3) Part III shall consist of the identification of media groups and organizations (and the associated assessment of their efforts) under subsection (b)(3). ``(e) Time for Submission.--The Secretary shall submit the Annual Report together with, but not as part of, the presentation materials for security assistance programs proposed for each fiscal year. ``(f) Classification.-- ``(1) Unclassified form.--Except as provided in paragraph (2), the Annual Report shall be submitted in unclassified form. ``(2) Classified annex.--The Secretary may withhold the identification of an individual, nongovernmental organization, or media group or organization (including the associated assessment) if the Secretary determines that such disclosure would endanger or harm such individual, nongovernmental organization, or media group or organization. If the Secretary makes such a determination, the Secretary shall disclose such identification (and associated assessment) in a classified annex. ``(g) Definitions.--In this section: ``(1) Annual report.--The term `Annual Report' means the Annual Report on the Promotion of Religious Freedom, Democracy, and Human Rights in Foreign Countries by Individuals, Nongovernmental Organizations, and Media Groups and Organizations required under subsection (a). ``(2) Internationally recognized human rights.--The term `internationally recognized human rights' has the meaning ascribed to it in section 116(a). ``(3) Media group or organization.--The term `media group or organization' means a group or organization that gathers and disseminates news and information to the public (through any medium of mass communication) in a foreign country in which the group or organization is located, except that the term does not include a group or organization that is primarily an agency or instrumentality of the government of the foreign country. The term includes an individual who is an agent or employee of the media group or organization who acts within the scope of such agency or employment. ``(4) Nongovernmental organization.--The term `nongovernmental organization' means an organization that works at the local level to promote religious freedom, democracy, or human rights in a foreign country in which the organization is located, except that the term does not include an organization that is primarily an agency or instrumentality of the government of the foreign country. The term includes an individual who is an agent or employee of the nongovernmental organization who acts within the scope such agency or employment. ``(5) Religious freedom.--The term `religious freedom' means the internationally recognized right to freedom of religion and religious belief and practice, as set forth in the international instruments referred to in paragraph (2) of section 2(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6401(a)) and as described in paragraph (3) of such section. ``(6) Secretary.--The term `Secretary' means the Secretary of State.''. (b) Effective Date.--Section 116A of the Foreign Assistance Act of 1961, as added by subsection (a), shall apply to reports submitted more than one year after such date.
Liberty List Act - Amends the Foreign Assistance Act of 1961 to direct the Secretary of State to submit to Congress an "Annual Report on the Promotion of Religious Freedom, Democracy, and Human Rights in Foreign Countries by Individuals, Nongovernmental Organizations, and Media Groups and Organizations."
{"src": "billsum_train", "title": "To require an annual Department of State report on information relating to the promotion of religious freedom, democracy, and human rights in foreign countries by individuals, nongovernmental organizations, and the media in those countries, and for other purposes."}
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SECTION. 1. SHORT TITLE. This Act may be cited as the ``Defend America Act of 1996''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Although the United States possesses the technological means to develop and deploy defensive systems that would be highly effective in countering limited ballistic missile threats to its territory, the United States has not deployed such systems and currently has no policy to do so. (2) The threat that is posed to the national security of the United States by the proliferation of ballistic missiles is significant and growing, both quantitatively and qualitatively. (3) The trend in ballistic missile proliferation is toward longer range and increasingly sophisticated missiles. (4) Several countries that are hostile to the United States (including North Korea, Iran, Libya, and Iraq) have demonstrated an interest in acquiring ballistic missiles capable of reaching the United States. (5) The Intelligence Community of the United States has confirmed that North Korea is developing an intercontinental ballistic missile that will be capable of reaching Alaska or beyond once deployed. (6) There are ways for determined countries to acquire missiles capable of threatening the United States with little warning by means other than indigenous development. (7) Because of the dire consequences to the United States of not being prepared to defend itself against a rogue missile attack and the long-lead time associated with preparing an effective defense, it is prudent to commence a national missile defense deployment effort before new ballistic missile threats to the United States are unambiguously confirmed. (8) The timely deployment by the United States of an effective national missile defense system will reduce the incentives for countries to develop or otherwise acquire intercontinental ballistic missiles, thereby inhibiting as well as countering the proliferation of missiles and weapons of mass destruction. (9) Deployment by the United States of a national missile defense system will reduce concerns about the threat of an accidental or unauthorized ballistic missile attack on the United States. (10) The offense-only approach to strategic deterrence presently followed by the United States and Russia is fundamentally adversarial and is not a suitable basis for stability in a world in which the United States and the states of the former Soviet Union are seeking to normalize relations and eliminate Cold War attitudes and arrangements. (11) Pursuing a transition to a form of strategic deterrence based increasingly on defensive capabilities and strategies is in the interest of all countries seeking to preserve and enhance strategic stability. (12) The deployment of a national missile defense system capable of defending the United States against limited ballistic missile attacks would (A) strengthen deterrence at the levels of forces agreed to by the United States and Russia under the START I Treaty, and (B) further strengthen deterrence if reductions below START I levels are implemented in the future. (13) Article XIII of the ABM Treaty envisions ``possible changes in the strategic situation which have a bearing on the provisions of this treaty''. (14) Articles XIII and XIV of the treaty establish means for the parties to amend the treaty, and the parties have in the past used those means to amend the treaty. (15) Article XV of the treaty establishes the means for a party to withdraw from the treaty, upon six months notice ``if it decides that extraordinary events related to the subject matter of this treaty have jeopardized its supreme interests''. (16) Previous discussions between the United States and Russia, based on Russian President Yeltsin's proposal for a Global Protection System, envisioned an agreement to amend the ABM Treaty to allow (among other measures) deployment of as many as four ground-based interceptor sites in addition to the one site permitted under the ABM Treaty and unrestricted exploitation of sensors based within the atmosphere and in space. SEC. 3. NATIONAL MISSILE DEFENSE POLICY. (a) It is the policy of the United States to deploy by the end of 2003 a National Missile Defense system that-- (1) is capable of providing a highly-effective defense of the territory of the United States against limited, unauthorized, or accidental ballistic missile attacks; and (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats as they emerge. (b) It is the policy of the United States to seek a cooperative transition to a regime that does not feature an offense-only form of deterrence as the basis for strategic stability. SEC. 4. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE. (a) Requirement for Development of System.--To implement the policy established in section 3(a), the Secretary of Defense shall develop for deployment an affordable and operationally effective National Missile Defense (NMD) system which shall achieve an initial operational capability (IOC) by the end of 2003. (b) Elements of the NMD System.--The system to be developed for deployment shall include the following elements: (1) An interceptor system that optimizes defensive coverage of the continental United States, Alaska, and Hawaii against limited, accidental, or unauthorized ballistic missile attacks and includes one or a combination of the following: (A) Ground-based interceptors. (B) Sea-based interceptors. (C) Space-based kinetic energy interceptors. (D) Space-based directed energy systems. (2) Fixed ground-based radars. (3) Space-based sensors, including the Space and Missile Tracking System. (4) Battle management, command, control, and communications (BM/C<SUP>3). SEC. 5. IMPLEMENTATION OF NATIONAL MISSILE DEFENSE SYSTEM. The Secretary of Defense shall-- (1) upon the enactment of this Act, promptly initiate required preparatory and planning actions that are necessary so as to be capable of meeting the initial operational capability (IOC) date specified in section 4(a); (2) plan to conduct by the end of 1998 an integrated systems test which uses elements (including BM/C<SUP>3 elements) that are representative of, and traceable to, the national missile defense system architecture specified in section 4(b); (3) prescribe and use streamlined acquisition policies and procedures to reduce the cost and increase the efficiency of developing the system specified in section 4(a); and (4) develop an affordable national missile defense follow- on program that-- (A) leverages off of the national missile defense system specified in section 4(a), and (B) augments that system, as the threat changes, to provide for a layered defense. SEC. 6. REPORT ON PLAN FOR NATIONAL MISSILE DEFENSE SYSTEM DEVELOPMENT AND DEPLOYMENT. Not later than March 15, 1997, the Secretary of Defense shall submit to Congress a report on the Secretary's plan for development and deployment of a national missile defense system pursuant to this Act. The report shall include the following matters: (1) The Secretary's plan for carrying out this Act, including-- (A) a detailed description of the system architecture selected for development under section 4(b); and (B) a discussion of the justification for the selection of that particular architecture. (2) The Secretary's estimate of the amount of appropriations required for research, development, test, evaluation, and for procurement, for each of fiscal years 1997 through 2003 in order to achieve the initial operational capability date specified in section 4(a). (3) A cost and operational effectiveness analysis of follow-on options to improve the effectiveness of such system. (4) A determination of the point at which any activity that is required to be carried out under this Act would conflict with the terms of the ABM Treaty, together with a description of any such activity, the legal basis for the Secretary's determination, and an estimate of the time at which such point would be reached in order to meet the initial operational capability date specified in section 4(a). SEC. 7. POLICY REGARDING THE ABM TREATY. (a) ABM Treaty Negotiations.--In light of the findings in section 2 and the policy established in section 3, Congress urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the ABM Treaty to allow deployment of the national missile defense system being developed for deployment under section 4. (b) Requirement for Senate Advice and Consent.--If an agreement described in subsection (a) is achieved in discussions described in that subsection, the President shall present that agreement to the Senate for its advice and consent. No funds appropriated or otherwise available for any fiscal year may be obligated or expended to implement such an amendment to the ABM Treaty unless the amendment is made in the same manner as the manner by which a treaty is made. (c) Action Upon Failure To Achieve Negotiated Changes Within One Year.--If an agreement described in subsection (a) is not achieved in discussions described in that subsection within one year after the date of the enactment of this Act, the President and Congress, in consultation with each other, shall consider exercising the option of withdrawing the United States from the ABM Treaty in accordance with the provisions of Article XV of that treaty. SEC. 8. ABM TREATY DEFINED. For purposes of this Act, the term ``ABM Treaty'' means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, and signed at Moscow on May 26, 1972, and includes the Protocols to that Treaty, signed at Moscow on July 3, 1974.
Defend America Act of 1996 - Expresses U.S. policy to deploy by the end of 2003 a National Missile Defense (NMD) system that: (1) is capable of providing a highly effective defense of U.S. territory against limited, unauthorized, or accidental ballistic missile attack; (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats; and (3) does not feature an offensive-only form of deterrence. Directs the Secretary of Defense to develop for deployment an affordable and operationally effective NMD system which shall achieve an initial operational capability by the end of 2003. Outlines system elements, including the use of missile interceptors on the ground, at sea, and in space. Directs the Secretary to take specified actions to implement the NMD system development upon enactment of this Act, including the conduct of an integrated systems test by the end of 1998. Requires the Secretary to report to the Congress the Secretary's plans for the development and deployment of the NMD system. Urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the Anti-Ballistic Missile (ABM) Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year after enactment of this Act, to consider exercising the option of withdrawing the United States from the ABM Treaty.
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SECTION 1. OPERATION OF PROGRAMS. (a) Programs Established.--The Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act (hereafter referred to as the ``Presidential designee'') shall carry out a series of pilot programs to test the feasibility of using alternative methods, including the use of advanced electronic technologies and the Internet, to enable absent uniformed services voters to register to vote and vote in elections for Federal office. (b) Agreements With Participating States.--To carry out a pilot program under this Act, the Presidential designee and the chief State election official of a participating State shall enter into an agreement which sets forth the following: (1) The specific alternative methods for enabling absent uniformed services voters to register to vote and vote in elections for Federal office in the State which will be tested under the program. (2) The steps to be taken by the Presidential designee, the chief State election official, and other election officials in the State to enable these alternative methods to be tested under the program. (3) The role to be played by the State advisory panel described in section 2(b) in assisting the chief State election official in carrying out the agreement. (4) The duration of the program. (5) Such other terms and conditions as may be agreed to by the Presidential designee and the chief State election official (consistent with the requirements of this Act). (c) Issues To Be Considered in Programs.--In carrying out a pilot program under this Act, the Presidential designee may consider the following issues: (1) The transmission of electronic voting material across military networks. (2) Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security techniques. (3) The transmission of ballot representations and scanned pictures in a secure manner. (4) Capturing, retaining, and comparing electronic and physical ballot representations. (5) Utilization of voting stations at military bases. (6) Document delivery and upload systems. (7) The functional effectiveness of the application or adoption of the pilot program to operational environments, taking into account environmental and logistical obstacles and State procedures. (d) Priority in Selection of Eligible States.--In selecting among States eligible to participate in a pilot program under this Act, the Presidential designee shall give priority to States with the greatest number of individuals eligible to register to vote and vote in elections for Federal office in the State who are absent uniformed services voters. (e) No Effect on Other Federal Election Laws.--The operation of a pilot program under this Act may not conflict with or substitute for existing Federal laws, regulations, or procedures with respect to the participation of absent uniformed services voters in elections for Federal office. SEC. 2. ELIGIBILITY OF STATES TO PARTICIPATE. (a) In General.--A State is eligible to participate in a pilot program under this Act if the chief State election official of the State submits to the Presidential designee, at such time and in such form as the Presidential designee may require, an application containing-- (1) assurances that the State has established an advisory panel described in subsection (b); and (2) such other information and assurances as the Presidential designee may require. (b) State Advisory Panel.-- (1) Panels described.--An advisory panel described in this subsection is a panel established by the State to assist the chief State election official in entering into and carrying out an agreement with the Presidential designee under section 1(b), consisting of representatives of the following: (A) Local election officials in the State. (B) Members of the uniformed services who are residents of the State, including members of the National Guard and Reserve Components thereof. (C) The spouses and dependents of members of the uniformed services who are residents of the State, including members of the National Guard and Reserve Components thereof. (D) The committees of the State legislature with jurisdiction over the election administration laws of the State. (E) Organizations promoting the integrity of the voting process in the State. (2) Method of establishment.--The State shall establish the advisory panel under this subsection in a manner which ensures that the panel will be bipartisan in nature and will reflect the various geographic regions of the State. SEC. 3. REPORTS. The Presidential designee shall submit to Congress reports on the progress and outcomes of any pilot program conducted under this Act, and shall include in the reports such recommendations as the Presidential designee considers appropriate for further legislation and administrative action. SEC. 4. DEFINITIONS. In this Act-- (1) the term ``absent uniformed services voter'' has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(1)); (2) the ``chief State election official'' of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for coordination of the State's responsibilities under such Act; and (3) the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary, to remain available until expended.
Directs the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act to carry out a series of pilot programs to test the feasibility of using alternative methods, including advanced electronic technologies and the Internet, to enable absent uniformed services voters to register to vote and vote in federal. Specifies criteria for a state to be eligible to participate in such a pilot program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fishery Mitigation Coordination Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The operation of dams and other water diversion projects are for the benefit of the American public. The construction and operation of these Federal water resource development projects have had impacts on many water systems and their respective fish populations, resulting in the need to build and operate fish hatcheries to mitigate for aquatic resources affected by these projects. (2) In accordance with the Fish and Wildlife Act of 1956 (16 U.S.C. 742(a)-754), the Fish and Wildlife Coordination Act (16 U.S.C. 661-667(e)), the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1009), and the National Environmental Policy Act (42 U.S.C. 4321-4347), the Service has established policy (501 FW 2) to seek to mitigate for fish, wildlife, and their habitats, and uses thereof, from the effects of land and water developments. (3) The United States Fish and Wildlife Service currently operates nearly 40 fish hatcheries that are involved in mitigation fishery activities related to construction and operation of Federal water resource development projects. (4) Mitigation fishery activities conducted by the Service at these facilities are highly valued by the State and Indian tribal partners, and the fishing community. (5) Inconsistency in authorities, which now number over 200, to construct and operate Federal water resource development projects have led to myriad mechanisms for funding and conducting Federal mitigation fishery activities. In most cases Federal water project sponsors fund mitigation fishery costs. In some cases the Service expends its appropriations to offset mitigation fishery costs. (6) The Service is the Federal agency through which a sponsor agency will negotiate to provide goods and services to augment fisheries to compensate for the impact of Federal water development projects on aquatic resources. (7) The sponsor agency should bear the financial responsibility for mitigation fishery costs incurred by the Service. SEC. 3. FISH HATCHERIES. A sponsor agency shall enter into an agreement with the Service described in section 5 to pay the cost that fish hatcheries that conduct mitigation activities incur, including the following: (1) Arizona--Willow Beach, National Fish Hatchery. (2) Arkansas-- (A) Greers Ferry, National Fish Hatchery; and (B) Norfolk, National Fish Hatchery. (3) California--Tehama-Colusa Fish Facility. (4) Colorado--Hotchkiss, National Fish Hatchery. (5) Georgia--Chattahoochee Forest, National Fish Hatchery. (6) Kentucky--Wolf Creek, National Fish Hatchery. (7) Missouri--Neosho, National Fish Hatchery. (8) Montana--Ennis, National Fish Hatchery. (9) Nevada--Lahontan, National Fish Hatchery. (10) North Dakota-- (A) Garrison Dam, National Fish Hatchery; and (B) Valley City, National Fish Hatchery. (11) Oklahoma--Tishomingo, National Fish Hatchery. (12) South Dakota--Gavins Point, National Fish Hatchery. (13) Tennessee-- (A) Dale Hollow, National Fish Hatchery; and (B) Erwin, National Fish Hatchery. (14) Utah--Jones Hole, National Fish Hatchery. (15) Wyoming--Jackson, National Fish Hatchery. SEC. 4. DEFINITIONS. For this Act, the following definitions apply: (1) Sponsor agency.--The term ``sponsor agency'' means the United States Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority. (2) Service.--The term ``Service'' means the United States Fish and Wildlife Service. (3) Mitigation fisheries.--The term ``mitigation fisheries'' means fisheries augmented by hatchery fish to compensate for the impacts of Federal water development projects on aquatic resources. (4) Mitigation fishery activities.--The term ``mitigation fishery activities'' means rearing and stocking of native and nonnative fish to replace or maintain harvest levels lost as a result of Federal water resource development projects and includes project planning and evaluation. (5) Mitigation fishery costs.--The term ``mitigation fishery costs'' means the expenditures necessary to operate, maintain, and rehabilitate facilities to conduct mitigation fishery activities, and include: personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, and evaluation. (6) Mitigation fishery facility.--The term ``mitigation fishery facility'' means facilities owned and operated by the United States Fish and Wildlife Service through the National Fish Hatchery System for the purpose, either wholly or in part, of conducting mitigation fishery activities. (7) Fishery mitigation plan.--The term ``fishery mitigation plan'' refers to a resource management plan developed between the United States Fish and Wildlife Service and one or more sponsor agencies, and in cooperation and coordination with affected States and Indian Tribes, that describes the long-term goals and annual targets for conducting mitigation fishery activities. A fishery mitigation plan shall be approved in advance by a sponsor agency and the Service. SEC. 5. MITIGATION FISHERY COSTS. Not later than October 1, 2007, and each October 1st thereafter, a sponsor agency shall pay to the Service the total amount of funds necessary to meet the mitigation fishery costs to meet objectives described in the fishery mitigation plan for a respective water development project. The funds to be obligated for this purpose shall be identified in advance by the Director of the United States Fish and Wildlife Service.
National Fishery Mitigation Coordination Act - Directs a sponsor agency (the U.S. Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority) to enter into an agreement with the U.S. Fish and Wildlife Service to pay the mitigation fishery cost that specified mitigation fishery facilities located in the United States and owned and operated by the Service incur in conducting mitigation activities. Defines mitigation fishery cost as the expenditures necessary to operate, maintain, and rehabilitate facilities to conduct mitigation fishery activities, including the rearing and stocking of native and nonnative fish to replace or maintain harvest levels lost as a result of Federal water resource development projects.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Allowance Modernization Act''. SEC. 2. AMENDMENTS. (a) Relating to a Former President.--The first section of the Act entitled ``An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes'', approved August 25, 1958 (3 U.S.C. 102 note), is amended by striking the matter before subsection (e) and inserting the following: ``(a) Each former President shall be entitled for the remainder of his or her life to receive from the United States-- ``(1) an annuity at the rate of $200,000 per year, subject to subsection (c); and ``(2) a monetary allowance at the rate of $200,000 per year, subject to subsections (c) and (d). ``(b)(1) The annuity and allowance under subsection (a) shall each-- ``(A) commence on the day after the individual becomes a former President; ``(B) terminate on the last day of the month before the former President dies; and ``(C) be payable by the Secretary of the Treasury on a monthly basis. ``(2) The annuity and allowance under subsection (a) shall not be payable for any period during which the former President holds an appointive or elective position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate. ``(c) Effective December 1 of each year, each annuity and allowance under subsection (a) having a commencement date that precedes such December 1 shall be increased by the same percentage as the percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 and following) are increased, effective as of such December 1, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). ``(d)(1) Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period may not exceed the amount by which-- ``(A) the monetary allowance which (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) ``(B) the applicable reduction amount for such 12-month period. ``(2)(A) For purposes of paragraph (1), the `applicable reduction amount' is, with respect to any former President and in connection with any 12-month period, the amount by which-- ``(i) the sum of (I) the adjusted gross income (as defined by section 62 of the Internal Revenue Code of 1986) of the former President for the last taxable year ending before the start of such 12-month period, plus (II) any interest excluded from the gross income of the former President under section 103 of such Code for such taxable year, exceeds (if at all) ``(ii) $400,000, subject to subparagraph (C). ``(B) In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. ``(C) The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage as the percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection).''. (b) Relating to the Surviving Spouse of a Former President.-- (1) Increase in amount of monetary allowance.--Subsection (e) of the section amended by subsection (a) is amended-- (A) in the first sentence, by striking ``$20,000 per annum,'' and inserting ``$100,000 per year (subject to paragraph (4)),''; and (B) in the second sentence-- (i) in paragraph (2), by striking ``and'' at the end; (ii) in paragraph (3), by striking the period and inserting ``; and''; and (iii) by adding after paragraph (3) the following: ``(4) shall, after its commencement date, be increased at the same time that, and by the same percentage as the percentage by which, annuities of former Presidents are increased under subsection (c).''. (2) Coverage of widower of a former president.--Such subsection (e), as amended by paragraph (1), is further amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act shall be considered to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the law amended by this section or under any other law, to carry out any provision of law described in paragraph (1). SEC. 4. EFFECTIVE DATE; TRANSITION RULES. (a) Effective Date.--This Act shall take effect on the date of enactment of this Act. (b) Transition Rules.-- (1) Former presidents.--In the case of any individual who is a former President on the date of enactment of this Act, the amendment made by section 2(a) shall be applied as if the commencement date referred in subsection (b)(1)(A) of the section amended by this Act coincided with such date of enactment. (2) Widows.--In the case of any individual who is the widow of a former President on the date of enactment of this Act, the amendments made by section 2(b)(1) shall be applied as if the commencement date referred to in subsection (e)(1) of the section amended by this Act coincided with such date of enactment.
Presidential Allowance Modernization Act - Revises provisions relating to presidential pensions to allow former Presidents an annuity of $200,000 and an additional monetary allowance of $200,000 per year. Reduces such pension by the amount that a President's adjusted gross income in a taxable year exceeds $400,000.  Increases from $20,000 to $100,000 the annual annuity of a surviving spouse of a former President.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``HIPAA Recreational Injury Technical Correction Act''. SEC. 2. COVERAGE AMENDMENTS. (a) ERISA.--Section 702(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(3)) is amended-- (1) by striking ``Construction.--For'' and inserting the following: ``Scope.-- ``(A) Waiting periods.--For''; and (2) by adding at the end the following: ``(B) Limitation on denial of benefits.-- Notwithstanding paragraph (2), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not deny benefits otherwise provided under the plan or coverage for the treatment of an injury solely because such injury was sustained while engaged in any particular mode of transportation specified in the plan consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding. Nothing in this subparagraph shall be construed as-- ``(i) prohibiting any such plan or issuer from excluding from coverage injuries sustained while engaged in such mode of transportation, if engaging in such mode of transportation, or the particular vehicle itself, is illegal under applicable law, or ``(ii) affecting the determination of primary and secondary insurance or subrogation or reimbursement rights between insurance policies.''. (b) PHSA.--Section 2702(a)(3) of the Public Health Service Act (42 U.S.C. 300gg-1(a)(3)) is amended-- (1) by striking ``Construction.--For'' and inserting the following: ``Scope.-- ``(A) Waiting periods.--For''; and (2) by adding at the end the following: ``(B) Limitation on denial of benefits.-- Notwithstanding paragraph (2), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not deny benefits otherwise provided under the plan or coverage for the treatment of an injury solely because such injury was sustained while engaged in any particular mode of transportation specified in the plan consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding. Nothing in this subparagraph shall be construed as-- ``(i) prohibiting any such plan or issuer from excluding from coverage injuries sustained while engaged in such mode of transportation, if engaging in such mode of transportation, or the particular vehicle itself, is illegal under applicable law, or ``(ii) affecting the determination of primary and secondary insurance or subrogation or reimbursement rights between insurance policies.''. (c) Internal Revenue Code.--Section 9802(a)(3) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Construction.--For'' and inserting the following: ``Scope.-- ``(A) Waiting periods.--For''; and (2) by adding at the end the following: ``(B) Limitation on denial of benefits.-- Notwithstanding paragraph (2), a group health plan may not deny benefits otherwise provided under the plan for the treatment of an injury solely because such injury was sustained while engaged in any particular mode of transportation specified in the plan consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding. Nothing in this subparagraph shall be construed as-- ``(i) prohibiting any such plan from excluding from coverage injuries sustained while engaged in such mode of transportation, if engaging in such mode of transportation, or the particular vehicle itself, is illegal under applicable law, or ``(ii) affecting the determination of primary and secondary insurance or subrogation or reimbursement rights between insurance policies.''. (d) Effective Date.--The amendments made by this section shall apply with respect to injuries occurring during plan years beginning after 90 days after the date of the enactment of this Act.
HIPAA Recreational Injury Technical Correction Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan or health insurance issuer offering group health coverage from denying benefits or coverage otherwise provided under the plan for the treatment of an injury solely because it was sustained while a person was engaged in any particular mode of transportation specified in the plan, consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding, unless such mode of transportation or its use was illegal.
{"src": "billsum_train", "title": "To promote health care coverage parity for individuals engaged in legal use of certain modes of transportation."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Poverty Reduction Act''. SEC. 2. ADDITIONAL PURPOSE OF PROGRAM OF BLOCK GRANTS TO STATES FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. Section 401(a) of the Social Security Act (42 U.S.C. 601(a)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) reduce poverty of families with children in the United States.''. SEC. 3. ADDITION OF CHILD POVERTY REDUCTION BONUS GRANTS TO TANF PROGRAM. Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is amended by adding at the end the following: ``(6) Bonus to reward states that reduce child poverty.-- ``(A) In general.--Beginning with fiscal year 2003, the Secretary shall make a grant pursuant to this paragraph to each State for each fiscal year for which the State is a qualified child poverty reduction State. ``(B) Amount of grant.-- ``(i) In general.--Subject to this subparagraph, the amount of the grant to be made to a qualified child poverty reduction State for a fiscal year shall be an amount equal to-- ``(I) the number of children who had not attained 18 years of age by the end of the then most recently completed calendar year and who resided in the State as of the end of such calendar year, divided by the number of such children who resided in the United States as of the end of such calendar year; multiplied by ``(II) the amount appropriated pursuant to subparagraph (F) for the fiscal year. ``(ii) Limitations.-- ``(I) Minimum grant.--The amount of the grant to be made to a qualified child poverty reduction State for a fiscal year shall be not less than $1,000,000. ``(II) Maximum grant.--The amount of the grant to be made to a qualified child poverty reduction State for a fiscal year shall not exceed an amount equal to 5 percent of the State family assistance grant for the fiscal year. ``(iii) Pro rata increase.--If the amount available for grants under this paragraph for a fiscal year is greater than the total amount of payments otherwise required to be made under this paragraph for the fiscal year, then the amount otherwise payable to any State for the fiscal year under this paragraph shall, subject to clause (ii)(II), be increased by such equal percentage as may be necessary to ensure that the total of the amounts payable for the fiscal year under this paragraph equals the amount available for the grants. ``(iv) Pro rata reduction.--If the amount available for grants under this paragraph for a fiscal year is less than the total amount of payments otherwise required to be made under this paragraph for the fiscal year, then the amount otherwise payable to any State for the fiscal year under this paragraph shall, subject to clause (ii)(I), be reduced by such equal percentage as may be necessary to ensure that the total of the amounts payable for the fiscal year under this paragraph equals the amount available for the grants. ``(C) Use of grant.--A State to which a grant is made under this paragraph shall use the grant for any purpose for which a grant made under this part may be used. ``(D) Definitions.--In this paragraph: ``(i) Qualified child poverty reduction state.--The term `qualified child poverty reduction State' means, with respect to a fiscal year, a State if-- ``(I) the child poverty rate achieved by the State for the then most recently completed calendar year for which such information is available is less than the lowest child poverty rate achieved by the State during the applicable period; and ``(II) the average depth of child poverty in the State for the then most recently completed calendar year for which such information is available is not greater than the average depth of child poverty in the State for the calendar year that precedes such then most recently completed calendar year. ``(ii) Applicable period.--In clause (i), the term `applicable period' means, with respect to a State and the calendar year referred to in clause (i)(I), the period that-- ``(I) begins with the calendar year that, as of October 1, 2002, precedes the then most recently completed calendar year for which such information is available; and ``(II) ends with the calendar year that precedes the calendar year referred to clause (i)(I). ``(iii) Child poverty rate.--The term `child poverty rate' means, with respect to a State and a calendar year, the percentage of children residing in the State during the calendar year whose family income for the calendar year is less than the poverty line then applicable to the family. ``(iv) Average depth of child poverty.--The term `average depth of child poverty' means with respect to a State and a calendar year, the average dollar amount by which family income is exceeded by the poverty line, among children in the State whose family income for the calendar year is less than the applicable poverty line. ``(v) Poverty line.--The term `poverty line' has the meaning given the term in section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved. ``(E) Family income determinations.--For purposes of this paragraph, family income includes cash income, child support payments, government cash payments, and benefits under the Food Stamp Act of 1977 that are received by any family member, and family income shall be determined after payment of all taxes and receipt of any tax refund or rebate by any family member. ``(F) Appropriations.-- ``(i) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2003 and each fiscal year thereafter $150,000,000 for grants under this paragraph. ``(ii) Availability.--Amounts made available under clause (i) shall remain available until expended.''.
Child Poverty Reduction Act -Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to: (1) make it an additional purpose of TANF to reduce poverty of families with children in the United States; and (2) require the Secretary of Health and Human Services to make child poverty reduction bonus grants to any State whose child poverty rate for a completed calendar year is less than the rate the State achieved during the preceding calendar year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Veterans Care Act of 2006''. SEC. 2. ASSISTANT SECRETARY FOR RURAL VETERANS. Section 308 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``(1)'' before ``There''; (B) by striking ``six'' and inserting ``seven''; and (C) by striking ``Each'' and inserting the following: ``(2) Each''; (2) by redesignating subsection (c) as paragraph (3) and inserting such paragraph at the end of subsection (a); (3) by inserting after subsection (b) the following new subsection: ``(c)(1) One of the Assistant Secretaries appointed under subsection (a) shall be the Assistant Secretary for Rural Veterans, who, under the direction of the Secretary, shall formulate and implement all policies and procedures of the Department that affect veterans living in rural areas. ``(2) The Assistant Secretary for Rural Veterans, under the direction of the Secretary, shall perform the following functions: ``(A) Except as otherwise expressly provided in this title, carry out the provisions of this title and administer all Department programs for providing care to veterans living in rural areas who are eligible for services authorized under this title. ``(B) Oversee and coordinate personnel and policies of the Veterans Health Administration, the Veterans Benefits Administration, the National Cemetery Administration, and their respective subagencies, including Veterans Integrated Service Networks, to carry out Department programs to the extent such programs affect veterans living in rural areas. ``(C) Oversee, coordinate, promote, and disseminate research into issues affecting veterans living in rural areas in cooperation with the medical, rehabilitation, health services, and cooperative studies research programs, the Office of Policy and the Office of Research and Development of the Veterans Health Administration, and the centers established in section 7329. ``(D) Ensure maximum effectiveness and efficiency in providing services and assistance to eligible veterans under the programs described in subparagraph (A), after consultation with appropriate representatives of the Centers for Medicare and Medicaid Services, the Indian Health Service, and the Office of Rural Health Policy of the Department of Health and Human Services, the Social Security Administration, the Department of Labor, the Department of Agriculture (acting through the Under Secretary for Rural Development), and other Federal, State, and local government agencies. ``(E) Work with all personnel and resources of the Department to develop, refine, and promulgate policies, best practices, lessons learned, and innovative and successful programs to improve care and services for rural veterans. ``(F) Perform such other functions and duties as the Secretary considers appropriate. ``(3) The Secretary shall ensure that the Assistant Secretary for Rural Veterans has the budget, authority, and control necessary for the development, approval, implementation, integration, and oversight of policies, procedures, processes, activities, and systems of the Department relating to the care of rural veterans. The Secretary shall identify a Rural Veterans Coordinator in each Veterans Integrated Service Network, who shall report to the Assistant Secretary for Rural Veterans and coordinate the functions authorized under this subsection within such network. ``(4) The Assistant Secretary for Rural Veterans, under the direction of the Secretary, shall supervise the employees of the Department who are responsible for implementing the policies and procedures described in paragraph (1).''; and (4) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``18'' and inserting ``19''; and (ii) by adding at the end the following: ``One of the Deputy Assistant Secretaries appointed under this paragraph shall be the Deputy Assistant Secretary for Rural Veterans, who shall perform such functions as the Assistant Secretary for Rural Veterans prescribes.''; (B) in paragraph (2), by inserting ``or, in the case of the Deputy Assistant Secretary for Rural Veterans, comparable service in a management position in the Armed Forces'' after ``Secretary''. SEC. 3. RESPONSIBILITIES OF ASSISTANT SECRETARY FOR RURAL VETERANS. (a) Demonstration Projects.-- (1) In general.--The Assistant Secretary for Rural Veterans, appointed under section 308 of title 38, United States Code, shall carry out demonstration projects to examine alternatives for expanding care in rural areas, including-- (A) establishing a partnership between the Department of Veterans Affairs and the Centers for Medicare and Medicaid Services of the Department of Health and Human Services to coordinate care for rural veterans conducted at critical access hospitals (as designated or certified under section 1820 of the Social Security Act (42 U.S.C. 1395i-4)); (B) establishing a partnership between the Department of Veterans Affairs and the Department of Health and Human Services to coordinate care for rural veterans conducted at community health centers; (C) expanding the use of fee basis care through which private hospitals, health care facilities, and other third-party providers are reimbursed for providing care closer to the homes of veterans living in rural areas, as authorized under section 7405(a)(2); and (D) expanding coordination between the Department of Veterans Affairs and the Indian Health Service to expand care for Native American veterans. (2) Geographic distribution.--The Assistant Secretary for Rural Veterans shall ensure that the demonstration projects authorized under paragraph (1) are located at facilities that are geographically distributed throughout the United States. (3) Report.--Not later than two years after the date of enactment of this Act, the Assistant Secretary for Rural Veterans shall submit a report on the results of the demonstration projects conducted under paragraph (1) to-- (A) the Committee on Veterans Affairs of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Veterans Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (b) Policy Revisions.--Not later than one year after the date of enactment of this Act, the Assistant Secretary for Rural Veterans shall-- (1) reevaluate directives 5005 and 5007 of the Department of Veterans Affairs and other guidance and procedures related to the use of fee basis care nationwide; and (2) revise established policies to-- (A) provide stronger guidance to units of the Department of Veterans Affairs; and (B) strengthen the use of fee basis care to extend health care services to rural and remote rural areas. (c) Reports to Congress.--The Secretary of Veterans Affairs shall submit to Congress, in conjunction with the documents submitted in support of the President's budget for each fiscal year, an assessment of the implementation during the most recently completed fiscal year of the provisions of this Act and the amendments made by this Act. SEC. 4. PILOT PROGRAM ON ENHANCED ACCESS TO HEALTH CARE FOR VETERANS IN HIGHLY RURAL AND GEOGRAPHICALLY REMOTE AREAS. (a) Pilot Program.-- (1) In general.--The Secretary of Veterans Affairs shall conduct a pilot program to evaluate the feasability and advisability of utilizing various means to improve the access of veterans who reside in highly rural or geographically remote areas to health care services referred to in subsection (d). (2) Provision of services under pilot program.--In conducting the pilot program, the Secretary shall provide health care services referred to in subsection (d) to eligible veterans who reside in highly rural or geographically remote areas in the geographic service regions selected for purposes of the pilot program utilizing the contract authority of the Secretary under section 1703 of title 38, United States Code, and such other authorities available to the Secretary as the Secretary considers appropriate for purposes of the pilot program. (b) Eligible Veterans.--A veteran is an eligible veteran for purposes of this section if the veteran-- (1) has a service-connected disability; or (2) is enrolled in the veterans health care system under section 1705 of title 38, United States Code. (c) Highly Rural or Geographically Remote Areas.--An eligible veteran resides in a highly rural or geographically remote area for purposes of this section if the veteran-- (1) resides in a location that is more than 60 miles driving distance from the nearest Department of Veterans Affairs health care facility; or (2) in the case of an eligible veteran who resides in a location that is less than 60 miles driving distance from such a facility, experiences such hardship or other difficulties (as determined pursuant to regulations prescribed by the Secretary for purposes of this section) in travel to the nearest Department of Veterans Affairs health care facility that such travel is not in the best interests of the veteran. (d) Health Care Services.--The health care services referred to in this section are-- (1) acute or chronic symptom management; (2) nontherapeutic medical services; and (3) any other medical services jointly determined appropriate for an eligible veteran for purposes of this section by the physician of the department responsible for primary care of such eligible veteran and the director of the Veterans Integrated Service Network concerned. (e) Areas for Conduct of Pilot Program.-- (1) In general.--The pilot program shall be conducted in 3 of the geographic service regions of the Veterans Health Administration (referred to as Veterans Integrated Service Networks) selected by the Secretary for purposes of the pilot program. (2) Selection.--In selecting geographic service regions for the purposes of the pilot program, the Secretary, based on the recommendations of the Assistant Secretary for Rural Veterans, shall select from among the Veterans Integrated Service Networks that have a substantial population of veterans who reside in highly rural or geographically remote areas. (f) Period of Pilot Program.--The pilot program shall be conducted during fiscal years 2007, 2008, and 2009. (g) Funding for Pilot Program.-- (1) In general.--For each fiscal year during which the pilot program is conducted, the Secretary shall allocate for the pilot program an amount equal to 0.9 percent of the total amount appropriated for such fiscal year for medical services. (2) Timing of allocation.--The allocation under paragraph (1) for a fiscal year shall be made before any other allocation of funds for medical care is made for such fiscal year, and any remaining allocation of funds for medical care for such fiscal year shall be made without regard to the allocation under subsection (a) in such fiscal year. (h) Report to Congress.--Not later than February 1, 2009, the Secretary shall submit to Congress a report on the pilot program. The Secretary shall include in the report such recommendations as the Secretary considers appropriate concerning extension of the pilot program or other means to improve the access of veterans who reside in highly rural or geographically remote areas to health care services referred to in subsection (d). SEC. 5. TRAVEL REIMBURSEMENT FOR VETERANS RECEIVING TREATMENT AT FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. Section 111 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``subsistence),'' and inserting ``subsistence at a rate equivalent to the rate provided to Federal employees under section 5702 of title 5),''; and (B) by striking ``traveled,'' and inserting ``(at a rate equivalent to the rate provided to Federal employees under section 5704 of title 5),''; (2) by striking subsection (g); and (3) by redesignating subsection (h) as subsection (g). SEC. 6. CENTERS FOR RURAL HEALTH RESEARCH, EDUCATION, AND CLINICAL ACTIVITIES. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7329. Centers for rural health research, education, and clinical activities ``(a) Establishment of Centers.--The Assistant Secretary for Rural Veterans shall establish and operate not less than one and not more than five centers of excellence for rural health research, education, and clinical activities, which shall-- ``(1) conduct research on rural health services; ``(2) allow the Department to use specific models for furnishing services to treat rural veterans; ``(3) provide education and training for health care professionals of the Department; and ``(4) develop and implement innovative clinical activities and systems of care for the Department. ``(b) Geographic Dispersion.--The Assistant Secretary for Rural Veterans shall ensure that the centers authorized under paragraph (1) are located at health care facilities that are geographically dispersed throughout the United States. ``(c) Selection Criteria.--The Assistant Secretary for Rural Veterans may not designate a health care facility as a location for a center under this section unless-- ``(1) the peer review panel established under subsection (d) determines that the proposal submitted by such facility meets the highest competitive standards of scientific and clinical merit; and ``(2) the Assistant Secretary for Rural Veterans determines that the facility has, or may reasonably be anticipated to develop-- ``(A) an arrangement with an accredited medical school to provide residents with education and training in care for rural veterans; ``(B) the ability to attract the participation of scientists who are capable of ingenuity and creativity in health care research efforts; ``(C) a policymaking advisory committee, composed of appropriate health care and research representatives of the facility and of the affiliated school or schools, to advise the directors of such facility and such center on policy matters pertaining to the activities of such center during the period of the operation of such center; and ``(D) the capability to effectively conduct evaluations of the activities of such center. ``(d) Panel To Evaluate Proposals.--(1) The Assistant Secretary for Rural Veterans shall establish a panel to-- ``(A) evaluate the scientific and clinical merit of proposals submitted to establish centers under this section; and ``(B) provide advice to the Assistant Secretary for Rural Veterans regarding the implementation of this section. ``(2) The panel shall review each proposal received from the Assistant Secretary for Rural Veterans and shall submit its views on the relative scientific and clinical merit of each such proposal to the Assistant Secretary. ``(3) The panel established under paragraph (1) shall be comprised of experts in the fields of public health research, education, and clinical care. ``(4) Members of the panel shall serve as consultants to the Department for a period not to exceed two years. ``(5) The panel shall not be subject to the Federal Advisory Committee Act. ``(e) Funding.--(1) There are authorized to be appropriated such sums as may be necessary for the support of the research and education activities of the centers established pursuant to subsection (a). ``(2) The Assistant Secretary for Rural Veterans shall allocate such amounts as the Under Secretary for Health determines to be appropriate to the centers established pursuant to subsection (a) from funds appropriated for the Medical Care Account and the Medical and Prosthetics Research Account. ``(3) Activities of clinical and scientific investigation at each center established under subsection (a)-- ``(A) shall be eligible to compete for the award of funding from funds appropriated for the Medical and Prosthetics Research Account; and ``(B) shall receive priority in the award of funding from such account to the extent that funds are awarded to projects for research in the care of rural veterans.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 of title 38, United States Code, is amended by inserting after the item relating to section 7328 the following new item: ``7329. Centers for rural health research, education, and clinical activities.''.
Rural Veterans Care Act of 2006 - Establishes the Assistant Secretary for Rural Affairs in the Department of Veterans Affairs to: (1) formulate and implement all Department policies and procedures that affect veterans living in rural areas; (2) carry out demonstration projects to examine alternatives for expanding veterans' care in rural areas; (3) reevaluate, and revise as necessary, Department guidance and procedures related to the use of fee basis care nationwide; and (4) establish and operate at least one and up to five centers of excellence for rural health research, education, and clinical activities. Directs the Secretary to conduct a pilot program for improving the access of veterans who reside in highly rural or geographically remote areas to certain health care services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Connecting Rural America Act''. SEC. 2. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL AREAS. Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended-- (1) in subsection (a), by striking ``loans and'' and inserting ``grants, loans, and''; (2) in subsection (b)(2), by striking ``5 percent'' and inserting ``15 percent''; (3) in subsection (c)-- (A) in the subsection heading, by striking ``Loans and'' and inserting ``Grants, Loans, and''; (B) in paragraph (1), by inserting ``make grants and'' after ``Secretary shall''; (C) in paragraph (2)-- (i) by inserting ``making grants and'' after ``In''; and (ii) by inserting ``poor and remote'' after ``priority to''; and (D) by adding at the end the following: ``(3) Grant amounts.-- ``(A) Maximum.--Except as otherwise provided in subparagraph (C), the amount of any grant made under this section shall not exceed 50 percent of the development costs of the project for which the grant is provided. ``(B) Grant rate.--The Secretary shall establish the grant rate for each project in accordance with regulations issued by the Secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have-- ``(i) remote locations; ``(ii) low community populations; ``(iii) low income levels; and ``(iv) developed the applications of the communities with the participation of combinations of stakeholders including-- ``(I) State, local, and tribal governments; ``(II) nonprofit institutions; ``(III) institutions of higher education; ``(IV) private entities; and ``(V) philanthropic organizations. ``(C) Waiver authority.--The Secretary may make grants of up to 75 percent of the development costs of the project for which the grant is provided to an eligible entity if the Secretary determines that a waiver of subparagraph (A) would best serve the purpose of the program under this section.''; (4) in subsection (d)-- (A) in paragraph (1)(A)-- (i) in the matter preceding clause (i), by striking ``loan or'' and inserting ``grant, loan, or''; (ii) by striking ``a loan application'' each place it appears in clauses (ii) and (iii) and inserting ``an application''; and (iii) in clause (iii), by striking ``proceeds from the loan made or guaranteed under this section are'' and inserting ``assistance under this section is''; (B) in paragraph (2)(A), in the matter preceding clause (i)-- (i) by striking ``the proceeds of a loan made or guaranteed'' and inserting ``assistance''; and (ii) by striking ``for the loan or loan guarantee'' and inserting ``of the eligible entity''; (C) by striking ``loan or'' each place it appears in paragraphs (2)(B), (3)(A), (4), (5), and (6) and inserting ``grant, loan, or''; (D) in paragraph (7), by striking ``a loan application'' and inserting ``an application''; and (E) by adding at the end the following: ``(8) Transparency and reporting.--The Secretary-- ``(A) shall require any entity receiving assistance under this section to submit quarterly, in a format specified by the Secretary, a report that describes-- ``(i) the use by the entity of the assistance; and ``(ii) the progress towards fulfilling the objectives for which the assistance was granted; ``(B) shall maintain a fully searchable database, accessible on the Internet at no cost to the public, that contains, at a minimum-- ``(i) a list of each entity that has applied for assistance under this section; ``(ii) a description of each application, including the status of each application; ``(iii) for each entity receiving assistance under this section-- ``(I) the name of the entity; ``(II) the type of assistance being received; ``(III) the purpose for which the entity is receiving the assistance; and ``(IV) each quarterly report submitted in accordance with subparagraph (A); and ``(iv) such other information as is sufficient to allow the public to understand and monitor assistance provided under this section; ``(C) may, in addition to other authority under applicable law, deobligate awards to grantees that demonstrate an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Secretary, and award those funds competitively to new or existing applicants consistent with this section; and ``(D) may establish additional reporting and information requirements for any recipient of any assistance under this section so as to ensure compliance with this section.''; (5) in subsection (f), by striking ``make a loan or loan guarantee'' and inserting ``provide assistance''; (6) in subsection (i)-- (A) by inserting ``grant or'' after ``proceeds of any''; and (B) by inserting ``grant or'' after ``recipient of the''; (7) in subsection (j)-- (A) in the matter preceding paragraph (1), by striking ``loan and loan guarantee''; (B) in paragraph (1), by inserting ``grants and'' after ``number of''; (C) in paragraph (2)-- (i) in subparagraph (A), by striking ``loan''; and (ii) in subparagraph (B), by striking ``loans and'' and inserting ``grants, loans, and''; and (D) in paragraph (3), by striking ``loan''; (8) in subsection (k)-- (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (B) by inserting before paragraph (1) the following: ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use for the cost of grants, loans, and loan guarantees to carry out this section $20,000,000 for each of fiscal years 2013 through 2017, to remain available until expended.''; and (C) in paragraph (2) (as redesignated by subparagraph (A))-- (i) by striking ``There is'' and inserting ``In addition to funds otherwise made available under this subsection, there is''; and (ii) by striking ``2012'' and inserting ``2017''; and (9) in subsection (l), by striking ``2012'' and inserting ``2017''.
Connecting Rural America Act - Amends the Rural Electrification Act of 1936 to include grants in the rural broadband loan program. Limits grants to not more than 50% of a project's development costs, with a waiver for up to 75% of such costs. Provides higher grant rates for communities that are small, remote, high poverty, and working with specified stakeholders. Authorizes appropriations for the program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Poison Center Support, Enhancement, and Awareness Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Poison centers are the primary defense of the United States against injury and deaths from poisoning. Twenty-four hours a day, the general public as well as health care practitioners contact their local poison centers for help in diagnosing and treating victims of poisoning. In 2007, more than 4 million calls were managed by poison centers providing ready and direct access for all people of the United States, including many underserved populations in the United States, with vital emergency public health information and response. (2) Poisoning is the second most common form of unintentional death in the United States. In any given year, there will be between 3 million and 5 million poison exposures. Sixty percent of these exposures will involve children under the age of 6 who are exposed to toxins in their home. Poisoning accounts for 285,000 hospitalizations, 1.2 million days of acute hospital care, and more than 26,000 fatalities in 2005. (3) In 2008, the Harvard Injury Control Research Center reported that poisonings from accidents and unknown circumstances more than tripled in rate since 1990. In 2005, the last year for which data are available, 26,858 people died from accidental or unknown poisonings. This represents an increase of 20,000 since 1990 and an increase of 2,400 between 2004 and 2005. Fatalities from poisoning are increasing in the United States in near epidemic proportions. The funding of programs to reverse this trend is needed now more than ever. (4) In 2004, The Institute of Medicine, of the National Academies recommended that the ``Congress should amend the current Poison Control Center Enhancement and Awareness Act Amendments of 2003 to provide sufficient funding to support the proposed Poison Prevention and Control System with its national network of poison centers. Support for the core activities at the current level of service is estimated to require more than $100 million annually.''. (5) Sustaining the funding structure and increasing accessibility to poison control centers will promote the utilization of poison control centers and reduce the inappropriate use of emergency medical services and other more costly health care services. The 2004 Institute of Medicine Report to Congress determined that for every $1 invested in the Nation's poison centers $7 of health care costs are saved. In 2005, direct Federal health care program savings totaled in excess of $525 million as the result of poison center public health services. (6) More than 30 percent of the cost savings and financial benefits of the Nation's network of poison centers are realized annually by Federal health care programs (estimated to be more than $1 billion), yet Federal funding support (as demonstrated by the annual authorization of $30.1 million in Public Law 108- 194) comprises less than 11 percent of the annual network expenditures of poison centers. (7) Real-time data collected from the Nation's certified poison centers can be an important source of information for the detection, monitoring, and response for contamination of the air, water, pharmaceutical, or food supply. (8) In the event of a terrorist event, poison centers will be relied upon as a critical source for accurate medical information and public health emergency response concerning the treatment of patients who have had an exposure to a chemical, radiological, or biological agent. SEC. 3. REAUTHORIZATION OF POISON CENTERS NATIONAL TOLL-FREE NUMBER. Section 1271 of the Public Health Service Act (42 U.S.C. 300d-71) is amended to read as follows: ``SEC. 1271. MAINTENANCE OF THE NATIONAL TOLL-FREE NUMBER. ``(a) In General.--The Secretary shall provide coordination and assistance to poison centers for the establishment of a nationwide toll-free phone number, and the maintenance of such number, to be used to access such centers. ``(b) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 for each of the fiscal years 2000 through 2009 to carry out this section; and $1,000,000 for each of the fiscal years 2010 through 2014 for the maintenance of the nationwide toll-free phone number under subsection (a).''. SEC. 4. REAUTHORIZATION OF NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CENTER UTILIZATION. (a) In General.--Section 1272 of the Public Health Service Act (42 U.S.C. 300d-72) is amended to read as follows: ``SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CENTER UTILIZATION. ``(a) In General.--The Secretary shall carry out, and expand upon, a national media campaign to educate the public and health care providers about poison prevention and the availability of poison center resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number established under section 1271(a). ``(b) Contract With Entity.--The Secretary may carry out subsection (a) by entering into contracts with a nationally recognized organization in the field of poison control for the development and implementation of a nationwide poison prevention and poison center awareness campaign, which may include the development and distribution of poison prevention and poison center awareness materials; television, radio, Internet, and newspaper public service announcements; and other means of public and professional awareness and education. ``(c) Evaluation.--The Secretary shall-- ``(1) establish baseline measures and benchmarks to quantitatively evaluate the impact of the nationwide media campaign carried out under this section; and ``(2) prepare and submit to the appropriate congressional committees an evaluation of the nationwide media campaign on an annual basis. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $600,000 for each of the fiscal years 2000 through 2005, such sums as may be necessary for each of the fiscal years 2006 through 2009, and $1,500,000 for each of the fiscal years 2010 through 2014.''. (b) Effective Date.--The amendment made by this section shall be effective as of the date of the enactment of this Act and shall apply to contracts entered into on or after January 1, 2009. SEC. 5. REAUTHORIZATION OF THE POISON CENTER GRANT PROGRAM. (a) In General.--Section 1273 of the Public Health Service Act (42 U.S.C. 300d-73) is amended to read as follows: ``SEC. 1273. MAINTENANCE OF THE POISON CENTER GRANT PROGRAM. ``(a) Authorization of Grant Program.--The Secretary shall award grants to poison centers certified under subsection (c) (or granted a waiver under subsection (d)) and professional organizations in the field of poison control for the purposes of preventing, and providing treatment recommendations for, poisonings and complying with the operational requirements needed to sustain the certification of the center under subsection (c). ``(b) Additional Uses of Grant Funds.--In addition to the purposes described in subsection (a), a poison center or professional organization awarded a grant under such subsection may also use such grant for the following purposes: ``(1) To establish and evaluate best practices in the United States for poison prevention, poison center outreach, and emergency and preparedness programs. ``(2) To research, develop, implement, revise, and communicate standard patient management guidelines for commonly encountered toxic exposures. ``(3) To improve national toxic exposure surveillance by enhancing cooperative activities between poison centers in the United States and the Centers for Disease Control and Prevention. ``(4) To develop, support, and enhance technology and capabilities of professional organizations in the field of poison control to collect national poisoning, toxic occurrence, and related public health data. ``(5) To develop initiatives to foster the enhanced public health utilization of national poison data collected by organizations described in paragraph (4). ``(6) To support and expand the toxicologic expertise within poison centers. ``(7) To improve the capacity of poison centers to answer high volumes of calls and respond during times of national crisis or other public health emergencies. ``(c) Certification.--Except as provided under subsection (d), the Secretary may make a grant to a poison center under subsection (a) only if-- ``(1) the center has been certified by a professional organization in the field of poison control, and the Secretary has approved the organization as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning; or ``(2) the center has been certified by a State government, and the Secretary has approved the State government as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning. ``(d) Waiver of Certification Requirements.-- ``(1) In general.--The Secretary may grant a waiver of the certification requirement of subsection (c) with respect to a noncertified poison center that applies for a grant under this section if such center can reasonably demonstrate that the center will obtain such a certification within a reasonable period of time as determined appropriate by the Secretary. ``(2) Renewal.--The Secretary may renew a waiver under paragraph (1). ``(3) Limitation.--In no instance may the sum of the number of years for a waiver under paragraph (1) and a renewal under paragraph (2) exceed 5 years. The preceding sentence shall take effect as of the date of the enactment of the Poison Center Support, Enhancement, and Awareness Act of 2008. ``(e) Supplement Not Supplant.--Amounts made available to a poison center under this section shall be used to supplement and not supplant other Federal, State, or local funds provided for such center. ``(f) Maintenance of Effort.--A poison center, in utilizing the proceeds of a grant under this section, shall maintain the expenditures of the center for activities of the center at a level that is not less than the level of expenditures maintained by the center for the fiscal year preceding the fiscal year for which the grant is received. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) for each of the fiscal years 2000 through 2004, $25,000,000; ``(2) for each of the fiscal years 2005 through 2009, $27,500,000; and ``(3) for each of the fiscal years 2010 through 2014, $35,000,000, of which $1,500,000 shall be used to award grants for the purpose described in subsection (b)(4).''. (b) Effective Date.--The amendment made by this section shall be effective as of the date of the enact- ment of this Act and shall apply to grants made on or after January 1, 2009. Passed the House of Representatives June 4, 2008. Attest: LORRAINE C. MILLER, Clerk.
Poison Center Support, Enhancement, and Awareness Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to provide coordination and assistance for the maintenance of the nationwide toll-free phone number to access poison centers. Changes the name of poison control centers to poison centers. Requires the Secretary to carry out and expand upon a national media campaign to educate the public and health care providers about poison prevention and the availability of poison center resources in local communities. Authorizes the Secretary to enter into contracts with a nationally recognized organization for the development and implementation of a nationwide poison prevention and poison center awareness campaign. Expands the poison center grant program to allow the Secretary to award grants for poison centers to comply with the operational requirements needed to sustain certification. Adds as the purposes for which such grants may be used: (1) to establish and evaluate best practices in the United States for poison prevention, poison center outreach, and emergency and preparedness programs; (2) to develop and implement standard patient management guidelines for commonly encountered toxic exposures; (3) to improve national toxic exposure surveillance; (4) to develop, support, and enhance technology and capabilities of professional organizations in the field of poison control to collect national poisoning, toxic occurrence, and related public health data; and (5) to develop initiatives to foster the enhanced public health utilization of national poison data. Eliminates matching requirements for such grants. Authorizes appropriations for FY2010-FY2014.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Truck Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Heavy trucks carrying up to 20 metric tons of cargo on the National Highway System are not equipped with modern safety features presently found on cars. These features include disc brakes, crash absorbent bumpers and body panels, sway bars, roll bars, and underride beams. Under current law, truckers who choose to equip their vehicles with such safety features risk fines and other penalties for violating Federal weight and width restrictions even when the amount of cargo carried is not more than the amount customarily carried on trucks lacking such safety features. (2) Trucking is the deadliest industry in the United States. One in every 7 Americans killed on the job is a trucker (approximately 800 of the 5900 workplace deaths in 2001). 704 truckers were killed in truck crashes alone in 2001, along with 4,378 motorists and pedestrians--more than 5,000 preventable deaths. Of the 130,000 people injured by commercial trucks in 2001, 29,000 were truckers. Over 150,000 people, including more than 25,000 truckers, have been killed in preventable large- truck crashes since the end of the Vietnam War along with more than 3,000,000 injured. Many of these deaths can be prevented in the future by exempting safety features from truck weight and width restrictions and regulating only the weight of truck cargo rather than the overall weight of the truck. (3) New intermodal technologies have emerged that promise to replace dangerous and inefficient long-haul trucks with safer, more efficient short-haul trucks that will utilize road, sea, rail, and inland waterways transportation to substantially reduce the Nation's dependence on foreign oil and lower the cost of food and other goods--especially for State run welfare programs. Under current law, States are required to impose unreasonable burdens on such intermodal trucks, such as requiring special permits and escort vehicles which are not required for larger, more dangerous trucks, or risk the cut off of Federal highway funds. While some modification to roads and bridges may be necessary to accommodate safer short-haul intermodal trucks, the cost is insignificant compared to the savings that will accrue from reducing the excessive wear and tear on the National Highway System caused by obsolete long- haul trucks and their associated high rate of death and injury. SEC. 3. VEHICLE WEIGHT LIMITATIONS. Section 127 of title 23, United States Code, is amended by adding at the end the following: ``(h) Exception.-- ``(1) In general.--Notwithstanding subsection (a), a State may allow a single unit truck or bus without a trailer to carry up to 20 metric tons or 44,080 pounds of cargo, packaging, and load securement materials regardless of the overall weight of the vehicle, its axle weights, or the weight of its safety and energy conservation devices if the cargo is evenly distributed in a compartment or combined compartments at least 40 feet long, the overall height of the vehicle and cargo does not exceed the width of the wheelbase, the axles are positioned at the extreme ends of the vehicle, the gross weight and certified empty weight of the vehicle (including detachable cargo compartments) are marked conspicuously on the front of the vehicle in contrasting 3-inch or taller letters and numbers. ``(2) Calculation of gross weight.--For purposes of this subsection, the gross weight shall be calculated by adding 20 metric tons or 44,080 pounds to the empty weight.''. SEC. 4. VEHICLE WIDTH LIMITATIONS. Section 31113(b) of title 49, United States Code, is amended to read as follows: ``(b) Exclusion of Safety and Energy Conservation Devices.-- ``(1) Energy conservation devices.--Width calculated under this section does not include an energy conservation device the Secretary decides is necessary for safe and efficient operation of a commercial motor vehicle. ``(2) Safety devices.-- ``(A) In general.--A safety device that reduces the possibility of death and injury shall not be included in the calculation of width for purposes of this section if such device fits entirely within the legal travel lanes of all roads upon which the vehicle operates. ``(B) Safety device defined.--In this subsection, the term `safety device' includes mirrors, grabhandles, steps, rearview video cameras, crash absorbent bumpers and body panels, batteries for regenerative braking, wheels, tires, structural members, and drivetrain components positioned to enhance vehicle stability.''.
Safer Truck Act - Amends Federal highway law to authorize a State to allow a single unit truck or bus without a trailer to operate on the Interstate System while carrying up to 20 metric tons (44,080 pounds) of cargo, packaging, and load securement materials regardless of the overall weight of the vehicle, its axle weights, or weight of its safety and energy conservation devices if: (1) the cargo is evenly distributed in a compartment or combined compartments at least 40 feet long; (2) the overall height of the vehicle and cargo does not exceed the width of the wheelbase; (3) the axles are positioned at the extreme ends of the vehicle; and (4) the gross weight and certified empty weight of the vehicle (including detachable cargo compartments) are marked conspicuously on the front of the vehicle in contrasting three-inch or taller letters and numbers.Amends Federal transportation law to revise certain commercial motor vehicle width limitations on vehicles operating on the Interstate System and on Federal-aid highways to exclude from width calculations with respect to such limitations any safety devices that reduce the possibility of death and injury, if such devices fit entirely within the legal travel lanes of all roads upon which the vehicle operates.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Windfall Excess Oil Profits Protection Act of 2005''. SEC. 2. WINDFALL PROFITS TAX ON CRUDE OIL, NATURAL GAS, AND PRODUCTS THEREOF. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL, NATURAL GAS, AND PRODUCTS THEREOF ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; etc. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``In addition to any other tax imposed under this title, there is hereby imposed on every taxpayer an excise tax in an amount equal to 50 percent of the windfall profit for any taxable year from-- ``(1) sales of any crude oil, natural gas, or other taxable product thereof, and ``(2) net gains from transactions of an interest the price of which is determined in whole or in part by reference to the price of crude oil, natural gas, or other taxable product thereof. ``SEC. 5897. WINDFALL PROFIT; ETC. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of-- ``(1) the adjusted taxable income of the taxpayer for the taxable year, over ``(2) the reasonably inflated average profit for such taxable year. ``(b) Adjusted Taxable Income.--For purposes of this chapter, with respect to any taxpayer, the adjusted taxable income for any taxable year is equal to the taxable income for such taxable year (within the meaning of section 63 and determined without regard to this subsection)-- ``(1) increased by any interest expense deduction, charitable contribution deduction, and any net operating loss deduction carried forward from any prior taxable year, and ``(2) reduced by any interest income, dividend income, and net operating losses to the extent such losses exceed taxable income for the taxable year. In the case of any taxpayer which is a foreign corporation, the adjusted taxable income shall be determined with respect to such income which is effectively connected with the conduct of a trade or business in the United States. ``(c) Reasonably Inflated Average Profit.--For purposes of this chapter, with respect to any applicable taxpayer, the reasonably inflated average profit for any taxable year is an amount equal to the average of the adjusted taxable income of such taxpayer for taxable years beginning during the 2000-2004 taxable year period (determined without regard to the taxable year with the highest adjusted taxable income in such period) plus 10 percent of such average. ``(d) Taxable Product Thereof.--The term `taxable product thereof' means any fuel which is a product of crude oil or natural gas. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Businesses Under Common Control.--For purposes of this chapter, all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.''. (b) Clerical Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end the following new item: ``Chapter 56. Windfall profits on crude oil, natural gas, and products thereof''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of such Code (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning in 2005 or 2006. SEC. 3. USE OF PROCEEDS FROM WINDFALL PROFITS ON CRUDE OIL, NATURAL GAS, AND PRODUCTS THEREOF. There are hereby appropriated amounts equivalent to the taxes received in the Treasury under chapter 56 of the Internal Revenue Code of 1986, as follows: (1) 50 percent of such amounts, which shall be available only for carrying out the Low-Income Home Energy Assistance Act of 1981, and (2) 50 percent of such amounts, which shall be credited to the current appropriation of the Department of Veterans Affairs that is available for medical services.
Consumer Windfall Excess Oil Profits Protection Act of 2005 - Amends the Internal Revenue Code to impose an excise tax of 50 percent on the windfall profit from sales of any crude oil, natural gas, or related products and the net gains from transactions related to the price of crude oil, natural gas, or related products. Defines "windfall profit" as the excess of taxpayer adjusted taxable income over the reasonably inflated average profit for the taxable year (average of taxpayer adjusted taxable income for 2000-2004, plus 10 percent of such average). Allows a tax deduction for the payment of any such windfall profit tax. Appropriates equal amounts of the windfall profit tax generated by this Act to carry out the Low-Income Home Energy Assistance Act of 1981 and to increase funding for Department of Veterans Affairs medical services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Access to Clean Water Act of 2014''. SEC. 2. PROTECTION OF NAVIGABLE WATERS FROM CONTAMINATION BY CHEMICAL STORAGE FACILITIES. The Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.) is amended by adding at the end the following: ``TITLE VII--PROTECTION OF NAVIGABLE WATERS FROM CONTAMINATION BY CHEMICAL STORAGE FACILITIES ``SEC. 701. DEFINITIONS. ``In this title: ``(1) Aboveground storage tank.-- ``(A) In general.--For the purposes of this title, the term `aboveground storage tank' means any container, or set of connected containers, designed to contain fluids located at a covered chemical storage facility, constructed of materials including concrete, steel, plastic or fiberglass reinforced plastic and located on or above the ground surface. ``(B) Exclusions.--For the purposes of this title, the term `aboveground storage tank' does not include-- ``(i) any aboveground storage tank of 1,100 gallons or less capacity, unless that tank is greater than 500 gallons capacity and is located within 500 feet of a navigable water that is designated for use as a domestic water supply under section 303; or ``(ii) any aboveground storage tank that is subject to oversight and inspection requirements under a Federal or State law or regulation that is determined by the Administrator or the State as applicable under section 702(c) to be at least as stringent as the requirements of the program under section 702. ``(2) Chemical.--The term `chemical' means any substance or mixture of substances. ``(3) Covered chemical storage facility.-- ``(A) In general.--The term `covered chemical storage facility' means a facility at which a chemical is stored and the Administrator or State, as applicable, determines that a release of the chemical from the facility poses a risk of harm to a navigable water that is designated for use as a domestic water supply under section 303. ``(B) Exclusions.--The term `covered chemical storage facility' does not include a facility that is subject to a procedure, method, or other requirement for equipment to address hazardous substances pursuant to section 311(j)(1)(C). ``(C) Considerations.--In determining risk of harm posed by a chemical storage facility under subparagraph (A), the Administrator or State, as applicable, may consider the requirements of applicable Federal or State laws (including regulations). ``(4) State program.--The term `State program' means a chemical storage facility source water protection program established under section 702. ``SEC. 702. ESTABLISHMENT OF STATE PROGRAMS. ``(a) In General.--Not later than 1 year after the date of enactment of this title, the Administrator or each State exercising primary enforcement responsibility under section 702(c), as applicable, shall carry out, directly or through delegation, a chemical storage facility source water protection program to provide for the protection of navigable waters that are designated for use as domestic water sources under section 303 from a release of a chemical from a covered chemical storage facility. ``(b) Program Requirements.-- ``(1) In general.--A State program under subsection (a) shall provide for oversight and inspection of each covered chemical storage facility in accordance with the requirements described in paragraph (2) to prevent the release of chemicals into a navigable water that is designated for use as a domestic water source under section 303. ``(2) Minimum requirements.--At a minimum, a State program shall include-- ``(A) requirements for covered chemical storage facilities, including-- ``(i) acceptable standards of good design, construction, or maintenance; ``(ii) leak detection; ``(iii) spill and overfill control; ``(iv) inventory control; ``(v) an emergency response and communication plan; ``(vi) an employee training and safety plan; ``(vii) an inspection of the integrity of each covered chemical storage facility; ``(viii) lifecycle maintenance, including corrosion protection; ``(ix) notice to the Administrator, the appropriate State agency, and applicable operators of public water systems on the navigable water designated for use as a domestic water supply under section 303 of-- ``(I) the potential toxicity of the stored chemicals to humans and the environment; and ``(II) safeguards or other precautions that can be taken to detect, mitigate, or otherwise limit the adverse effects of a release of the stored chemicals; and ``(x) financial responsibility requirements, including proof of insurance, bond, or other similar instrument; ``(B) inspections of aboveground storage tanks at covered chemical storage facilities, which shall occur-- ``(i) for a covered chemical storage facility identified in a source water assessment area under section 1453 of the Safe Drinking Water Act (42 U.S.C. 300f et seq.), not less frequently than once every 3 years; and ``(ii) for any other covered chemical storage facility, not less frequently than once every 5 years; and ``(C) a comprehensive inventory of the covered chemical storage facilities in each State. ``(c) Administration.--A State program shall be carried out-- ``(1) if the State exercises primary enforcement responsibility for the issuance of permits under section 402(b), by the State; and ``(2) if the State does not exercise primary enforcement responsibility for the issuance of permits under section 402(b) in that State, by the Administrator. ``(d) Rule of Construction.--Nothing in this title shall preclude or deny the right of any State or political subdivision thereof or interstate agency to adopt or enforce standards for the oversight and inspection of covered chemical storage facilities that are more stringent than the minimum requirements in this section. ``(e) Technical Assistance.--Upon the request of a State exercising primary enforcement responsibility under section 702(c)(1), the Administrator may provide technical assistance to a State program in carrying out activities under this title. ``(f) Survey of Best Practices.--The Administrator shall within six months of the date in section 702(a)-- ``(1) prepare a report that surveys the State oversight and inspection programs provided for in this section and applicable regulations implementing such programs in place in each State; ``(2) submit a copy of this report to the Chairman and Ranking Member of the House Transportation and Infrastructure Committee and the Senate Environment and Public Works Committee; ``(3) make the report available to the public on the Administrator's Web site; and ``(4) provide a copy of the report to each State exercising primary enforcement responsibility under section 702(c)(1). ``SEC. 703. EMERGENCY POWERS. ``(a) Corrective Action Orders.--The Administrator under section 702(c)(2) or the State under section 702(c)(1), as applicable, may issue an order to the owner or operator of a covered chemical storage facility to carry out the requirements of this title. ``(b) Petitions.-- ``(1) In general.--In any case in which the Administrator or State as applicable under section 702(c) is authorized to act under subsection (a), the owner or operator of a public water system may-- ``(A) commence a civil action for appropriate equitable relief, including a restraining order or permanent or temporary injunction, to address any activity or facility that may present an imminent and substantial endangerment to the health of persons who are supplied by that public water system; or ``(B) petition the Administrator or State as applicable under section 702(c) to issue an order or commence a civil action under subsection (a). ``(2) Response.-- ``(A) In general.--Subject to subparagraph (B), not later than 30 days after the date on which the Administrator receives a petition under paragraph (1), the Administrator shall respond to the petition and initiate such action as the Administrator determines to be appropriate. ``(B) Special rule for emergencies.--If the owner or operator of a public water system submits the petition under paragraph (1) in response to an emergency, the Administrator shall respond not later than 72 hours after receipt of the petition. ``SEC. 704. COST RECOVERY. ``If costs have been incurred by the Administrator or the State, as applicable, for undertaking a response action under this title relating to the release of a chemical, the owner or operator of the covered chemical storage facility shall be liable to the Administrator or the State for those costs. ``SEC. 705. TRANSFER OF COVERED CHEMICAL STORAGE FACILITIES. ``Notwithstanding the inspection schedule under section 702(b)(2)(B), no person shall transfer a covered chemical storage facility unless-- ``(1) prior to the closing or completion of the transfer, the transferor submits to the transferee the results of a pre- transfer inspection of the integrity of the covered chemical storage facility, which shall be conducted pursuant to any requirements set by the Administrator under section 702(c)(2) or the State under section 702(c)(1), as applicable; and ``(2) the transferor or the transferee agrees to take appropriate measures to address the results of the pre-transfer inspection prior to the date that is 30 days after the date on which the covered chemical storage facility closes or is transferred. ``SEC. 706. INFORMATION SHARING. ``(a) Information for Operators of Domestic Water Systems on Navigable Waters.--The Administrator or State, as applicable, shall provide operators of domestic water systems on a navigable water that is designated for use as a domestic water source under section 303 with information relating to-- ``(1) emergency response plans for covered chemical storage facilities located within the same watershed as the domestic water system; and ``(2) an inventory of each chemical held at the covered chemical storage facilities described in paragraph (1). ``(b) Emergency Response Plans.--A copy of each emergency response plan submitted under section 702(b)(2)(A) shall be provided to-- ``(1) the Administrator (if the State exercises primary responsibility under section 702(c)(1)); and ``(2) the Secretary of Homeland Security. ``(c) Information.-- ``(1) In general.--The Administrator or a State, as applicable, may keep confidential information the Administrator or the State determines to be sensitive or present a security risk to a covered chemical storage facility. ``(2) Exceptions.--Paragraph (1) shall not-- ``(A) apply to public health information; or ``(B) prevent the sharing of information with the Administrator, the Secretary of Homeland Security, a public water system, or a public agency involved in emergency response. ``SEC. 707. PENALTIES FOR VIOLATIONS. ``Any person owning or operating a covered chemical storage facility who violates any applicable requirement or who fails or refuses to comply with an order issued by the Administrator or the State as applicable under this title, may, in an action brought in the appropriate United States District Court, be subject to a civil penalty not to exceed $15,000 for each day in which such violation occurs or failure to comply continues.''.
Ensuring Access to Clean Water Act of 2014 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Administrator of the Environmental Protection Agency (EPA) or a state exercising primary enforcement responsibility for National Pollutant Discharge Elimination System permit programs to carry out a state chemical storage facility source water protection program. Requires such a program to provide for oversight and inspection of each covered chemical storage facility in accordance with minimum requirements, described in this Act, to prevent the release of chemicals into a navigable water that is designated for use as a domestic water source. Defines "covered chemical storage facility" as a facility at which a chemical is stored and from which a release is determined to pose a risk of harm to such source. Prohibits this Act from precluding or denying the right of any state to adopt or enforce standards for the oversight and inspection of covered chemical storage facilities that are more stringent than this Act's minimum requirements. Requires the Administrator to report on a survey of states' best practices in oversight and inspection programs and applicable regulations implementing the programs. Authorizes the issuance of orders by the Administrator to carry out this Act. Authorizes an owner or operator of a public water system to commence, or to petition the Administrator to commence, a civil action for equitable relief to address possible imminent and substantial endangerment to the health of persons supplied by the water system. Provides a special rule to expedite the Administrator's response to a petition in emergency situations. Sets forth requirements concerning: (1) liability of a facility owner or operator for costs of response actions, (2) pre-transfer inspections of facilities, and (3) information for operators of domestic water systems on navigable waters regarding emergency response plans and chemical inventories. Establishes a civil penalty of up to $15,000 for each day in which an owner or operator of a covered facility violates this Act.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Preserving Access to Modern Prosthetic Limbs Act of 2016''. (b) Findings.--Congress finds the following: (1) The Medicare program includes coverage for prosthetic limbs under section 1861(s)(9) of the Social Security Act (42 U.S.C. 1395w(s)(9)). (2) As a result of significant Federal and private investment in research and development over the past decades, beneficiaries with lower limb prostheses are able to maintain optimal function and lead productive and independent lives. (3) Federal spending for prosthetic devices in the Medicare program has decreased by 15 percent between 2010 and 2014. (4) The Secretary of Health and Human Services, through Medicare contractors known as Durable Medical Equipment Medicare Administrative Contractors, released on July 16, 2015, a document entitled ``Local Coverage Determination (LCD): Lower Limb Prostheses (DL33787)'', which applies to all Medicare beneficiaries across the United States. (5) The policies proposed in this document would comprehensively change the requirements under which a Medicare beneficiary would qualify for a lower limb prosthetic device and would seriously restrict access to modern prosthetic care. (6) If finalized, the changes proposed in this document would create coverage requirements that are inconsistent with current clinical practice and would arbitrarily and unreasonably deny Medicare beneficiaries access to prosthetic limb technologies considered the current standard of care. (7) Under these proposed policies, beneficiaries instead would be eligible for prosthetic devices that are functionally outdated, less durable, and less safe. (8) The adverse impact of the Medicare contractors' proposed policies extend well beyond the Medicare program and has implications for other Federal health programs, such as health programs of the Veterans Administration, and commercial insurers. (9) Given the far reaching effect of these policies, and the fact that little or no clinical or scientific evidence supported the issuance of these proposals, any changes to prosthetic limb coverage should be made only after a transparent process in which evidence is offered to justify coverage modifications, meaningful stakeholder feedback is solicited, and the Secretary and Medicare contractors receive and respond to this stakeholder feedback in a public manner. (10) A moratorium on the implementation and enforcement of these proposed policies would enable the Secretary and the Medicare contractors to engage in such a transparent process. SEC. 2. MORATORIUM ON IMPLEMENTATION OF PROPOSED MEDICARE LOCAL COVERAGE DETERMINATION ON LOWER LIMB PROSTHESES. (a) Moratorium.-- (1) In general.--The Secretary of Health and Human Services and any Medicare Administrative Contractor may not implement and enforce the policies in the LCD on lower limb prostheses (as defined in subsection (d)(1)), in whole or in part, during the period beginning on the date of the enactment of this Act, and ending on June 30, 2017. (2) Removal of policy from websites.--The Secretary of Health and Human Services and its medicare administrative contractors shall remove the LCD on lower limb prostheses from the websites of the Centers for Medicare & Medicaid Services and its medicare administrative contractors during the period of the moratorium under paragraph (1). (b) Providing the Secretary With Authority To Oversee the Development of Local Coverage Determinations.--Section 1862(l)(5) of the Social Security Act (42 U.S.C. 395y(l)(5)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Secretary oversight and guidance in developing local coverage determinations.--The Secretary shall provide guidance and oversight of any local coverage determination developed by a medicare administrative contractor to ensure that the local coverage determination is consistent with this title.''. (c) Construction.--Nothing in this section shall be construed to prevent the Secretary from enforcing existing statutes, regulations, and local coverage determinations other than with respect to policies in the LCD on lower limb prostheses. (d) Definitions.--In this section: (1) LCD on lower limb prostheses.--The term ``LCD on lower limb prostheses'' means the local coverage determination on lower limb prostheses as proposed by a medicare administrative contractor in the document (DL33787) released on July 16, 2015, and any successor to such determination. (2) Medicare administrative contractor.--The term ``medicare administrative contractor'' has the meaning given such term in section 1874A(a)(3)(A) of the Social Security Act (42 U.S.C. 1395kk-1(a)(3)(A)).
Preserving Access to Modern Prosthetic Limbs Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to postpone implementation and enforcement of a local coverage determination (LCD) proposed by a Medicare Administrative Contractor (MAC) on lower limb prostheses. (An LCD is a decision by a MAC, which is a private insurer that processes Medicare claims within a specified geographic jurisdiction, as to whether to cover a service on a MAC-wide basis.) The Centers for Medicare & Medicaid shall provide guidance and oversight related to LCDs, as specified by the bill.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Liability Protection Act''. SEC. 2. SMALL BUSINESS LIABILITY RELIEF. (a) Exemptions.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is amended by adding at the end the following new subsections: ``(o) De Micromis Exemption.-- ``(1) In general.--Except as provided in paragraph (2), a person shall not be liable, with respect to response costs at a facility on the National Priorities List, under this Act if liability is based solely on paragraph (3) or (4) of subsection (a), and the person, except as provided in paragraph (4) of this subsection, can demonstrate that-- ``(A) the total amount of the material containing hazardous substances that the person arranged for disposal or treatment of, arranged with a transporter for transport for disposal or treatment of, or accepted for transport for disposal or treatment, at the facility was less than 110 gallons of liquid materials or less than 200 pounds of solid materials (or such greater or lesser amounts as the Administrator may determine by regulation); and ``(B) all or part of the disposal, treatment, or transport concerned occurred before April 1, 2001. ``(2) Exceptions.--Paragraph (1) shall not apply in a case in which-- ``(A) the President determines that-- ``(i) the materials containing hazardous substances referred to in paragraph (1) have contributed significantly or could contribute significantly, either individually or in the aggregate, to the cost of the response action or natural resource restoration with respect to the facility; or ``(ii) the person has failed to comply with an information request or administrative subpoena issued by the President under this Act or has impeded or is impeding, through action or inaction, the performance of a response action or natural resource restoration with respect to the facility; or ``(B) a person has been convicted of a criminal violation for the conduct to which the exemption would apply, and that conviction has not been vitiated on appeal or otherwise. ``(3) No judicial review.--A determination by the President under paragraph (2)(A) shall not be subject to judicial review. ``(4) Nongovernmental third-party contribution actions.--In the case of a contribution action, with respect to response costs at a facility on the National Priorities List, brought by a party, other than a Federal, State, or local government, under this Act, the burden of proof shall be on the party bringing the action to demonstrate that the conditions described in paragraph (1)(A) and (B) of this subsection are not met. ``(p) Municipal Solid Waste Exemption.-- ``(1) In general.--Except as provided in paragraph (2) of this subsection, a person shall not be liable, with respect to response costs at a facility on the National Priorities List, under paragraph (3) of subsection (a) for municipal solid waste disposed of at a facility if the person, except as provided in paragraph (5) of this subsection, can demonstrate that the person is-- ``(A) an owner, operator, or lessee of residential property from which all of the person's municipal solid waste was generated with respect to the facility; ``(B) a business entity (including a parent, subsidiary, or affiliate of the entity) that, during its 3 taxable years preceding the date of transmittal of written notification from the President of its potential liability under this section, employed on average not more than 100 full-time individuals, or the equivalent thereof, and that is a small business concern (within the meaning of the Small Business Act (15 U.S.C. 631 et seq.)) from which was generated all of the municipal solid waste attributable to the entity with respect to the facility; or ``(C) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that, during its taxable year preceding the date of transmittal of written notification from the President of its potential liability under this section, employed not more than 100 paid individuals at the location from which was generated all of the municipal solid waste attributable to the organization with respect to the facility. For purposes of this subsection, the term `affiliate' has the meaning of that term provided in the definition of `small business concern' in regulations promulgated by the Small Business Administration in accordance with the Small Business Act (15 U.S.C. 631 et seq.). ``(2) Exception.--Paragraph (1) shall not apply in a case in which the President determines that-- ``(A) the municipal solid waste referred to in paragraph (1) has contributed significantly or could contribute significantly, either individually or in the aggregate, to the cost of the response action or natural resource restoration with respect to the facility; ``(B) the person has failed to comply with an information request or administrative subpoena issued by the President under this Act; or ``(C) the person has impeded or is impeding, through action or inaction, the performance of a response action or natural resource restoration with respect to the facility. ``(3) No judicial review.--A determination by the President under paragraph (2) shall not be subject to judicial review. ``(4) Definition of municipal solid waste.-- ``(A) In general.--For purposes of this subsection, the term `municipal solid waste' means waste material-- ``(i) generated by a household (including a single or multifamily residence); and ``(ii) generated by a commercial, industrial, or institutional entity, to the extent that the waste material-- ``(I) is essentially the same as waste normally generated by a household; ``(II) is collected and disposed of with other municipal solid waste as part of normal municipal solid waste collection services; and ``(III) contains a relative quantity of hazardous substances no greater than the relative quantity of hazardous substances contained in waste material generated by a typical single- family household. ``(B) Examples.--Examples of municipal solid waste under subparagraph (A) include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, elementary or secondary school science laboratory waste, and household hazardous waste. ``(C) Exclusions.--The term `municipal solid waste' does not include-- ``(i) combustion ash generated by resource recovery facilities or municipal incinerators; or ``(ii) waste material from manufacturing or processing operations (including pollution control operations) that is not essentially the same as waste normally generated by households. ``(5) Burden of proof.--In the case of an action, with respect to response costs at a facility on the National Priorities List, brought under section 107 or 113 by-- ``(A) a party, other than a Federal, State, or local government, with respect to municipal solid waste disposed of on or after April 1, 2001; or ``(B) any party with respect to municipal solid waste disposed of before April 1, 2001, the burden of proof shall be on the party bringing the action to demonstrate that the conditions described in paragraphs (1) and (4) for exemption for entities and organizations described in paragraph (1)(B) and (C) are not met. ``(6) Certain actions not permitted.--No contribution action may be brought by a party, other than a Federal, State, or local government, under this Act with respect to circumstances described in paragraph (1)(A). ``(7) Costs and fees.--A nongovernmental entity that commences, after the date of the enactment of this subsection, a contribution action under this Act shall be liable to the defendant for all reasonable costs of defending the action, including all reasonable attorney's fees and expert witness fees, if the defendant is not liable for contribution based on an exemption under this subsection or subsection (o).''. (b) Expedited Settlement.--Section 122(g) of such Act (42 U.S.C. 9622(g)) is amended by adding at the end the following new paragraphs: ``(7) Reduction in settlement amount based on limited ability to pay.-- ``(A) In general.--The condition for settlement under this paragraph is that the potentially responsible party is a person who demonstrates to the President an inability or a limited ability to pay response costs. ``(B) Considerations.--In determining whether or not a demonstration is made under subparagraph (A) by a person, the President shall take into consideration the ability of the person to pay response costs and still maintain its basic business operations, including consideration of the overall financial condition of the person and demonstrable constraints on the ability of the person to raise revenues. ``(C) Information.--A person requesting settlement under this paragraph shall promptly provide the President with all relevant information needed to determine the ability of the person to pay response costs. ``(D) Alternative payment methods.--If the President determines that a person is unable to pay its total settlement amount at the time of settlement, the President shall consider such alternative payment methods as may be necessary or appropriate. ``(8) Additional conditions for expedited settlements.-- ``(A) Waiver of claims.--The President shall require, as a condition for settlement under this subsection, that a potentially responsible party waive all of the claims (including a claim for contribution under this Act) that the party may have against other potentially responsible parties for response costs incurred with respect to the facility, unless the President determines that requiring a waiver would be unjust. ``(B) Failure to comply.--The President may decline to offer a settlement to a potentially responsible party under this subsection if the President determines that the potentially responsible party has failed to comply with any request for access or information or an administrative subpoena issued by the President under this Act or has impeded or is impeding, through action or inaction, the performance of a response action with respect to the facility. ``(C) Responsibility to provide information and access.--A potentially responsible party that enters into a settlement under this subsection shall not be relieved of the responsibility to provide any information or access requested in accordance with subsection (e)(3)(B) or section 104(e). ``(9) Basis of determination.--If the President determines that a potentially responsible party is not eligible for settlement under this subsection, the President shall provide the reasons for the determination in writing to the potentially responsible party that requested a settlement under this subsection. ``(10) Notification.--As soon as practicable after receipt of sufficient information to make a determination, the President shall notify any person that the President determines is eligible under paragraph (1) of the person's eligibility for an expedited settlement. ``(11) No judicial review.--A determination by the President under paragraph (7), (8), (9), or (10) shall not be subject to judicial review. ``(12) Notice of settlement.--After a settlement under this subsection becomes final with respect to a facility, the President shall promptly notify potentially responsible parties at the facility that have not resolved their liability to the United States of the settlement.''. SEC. 3. EFFECT ON CONCLUDED ACTIONS. The amendments made by this Act shall not apply to or in any way affect any settlement lodged in, or judgment issued by, a United States District Court, or any administrative settlement or order entered into or issued by the United States or any State, before the date of the enactment of this Act. Passed the House of Representatives May 22, 2001. Attest: JEFF TRANDAHL, Clerk.
Small Business Liability Protection Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide (with exceptions) that persons shall be liable for response costs at a National Priorities List (NPL) facility as non-owners or operators only if the total of material containing a hazardous substance that the business arranged for disposal, transport, or treatment of, or accepted for transport, was greater than 110 gallons of liquid material or 200 pounds of solid material. Applies this exemption only to activities taking place before April 1, 2001.Exempts a person from liability for response costs (with exceptions) at a NPL facility for municipal solid waste (MSW) as a non-owner or operator if the person is an owner, operator, or lessee of residential property from which all of the person's MSW was generated, or a certain small business or small charitable tax-exempt organization that generated all its MSW, with respect to the facility concerned.Makes nongovernmental entities that commence a contribution action liable to the defendant for all reasonable costs of defending the action if the defendant is not liable based on the above-described exemptions.Adds to the list of parties eligible for de minimis final settlements certain persons and businesses that demonstrate an inability or limited ability to pay response costs.Revises conditions of eligibility for such settlements for de minimis parties, including waiver of all claims that the party may have against other potentially responsible parties for response costs incurred with respect to the facility, unless the President determines that requiring a waiver would be unjust.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Market Access Program Act''. SEC. 2. DEFINITIONS. In this Act: (1) Energy efficiency product.--The term ``energy efficiency product'' means any product, technology, or component of a product that-- (A) as compared with products, technologies, or components of products being deployed at the time for widespread commercial use in the country in which the product, technology, or component will be used-- (i) substantially increases the energy efficiency of buildings, industrial or agricultural processes, or electricity transmission, distribution, or end-use consumption; or (ii) substantially increases the energy efficiency of the transportation system; and (B) results in no significant incremental adverse effects on public health or the environment. (2) Renewable energy.--The term ``renewable energy'' means energy generated by a renewable energy resource. (3) Renewable energy product.--The term ``renewable energy product'' means any product, technology, or component of a product used in the development or production of renewable energy. (4) Renewable energy resource.--The term ``renewable energy resource'' means solar, wind, ocean, tidal, or geothermal energy, biofuel, biomass, hydropower, or hydrokinetic energy. (5) Small- and medium-sized businesses.--The term ``small- and medium-sized businesses'' means-- (A) small business concerns (as that term used in section 3 of the Small Business Act (15 U.S.C. 632)); and (B) businesses the Secretary of Commerce determines to be small- or medium-sized, based on factors that include the structure of the industry, the amount of competition in the industry, the average size of businesses in the industry, and costs and barriers associated with entering the industry. SEC. 3. COST-SHARING ASSISTANCE WITH RESPECT TO THE EXPORTATION OF ENERGY EFFICIENCY PRODUCTS AND RENEWABLE ENERGY PRODUCTS. (a) In General.--The Under Secretary for International Trade of the Department of Commerce (in this section referred to as the ``Under Secretary'') shall establish and carry out a program to provide cost- sharing assistance to eligible organizations-- (1) to improve access to the markets of foreign countries for energy efficiency products and renewable energy products exported by small- and medium-sized businesses in the United States; and (2) to assist small- and medium-sized businesses in the United States in obtaining services and other assistance with respect to exporting energy efficiency products and renewable energy products, including services and assistance available from the Department of Commerce and other Federal agencies. (b) Eligible Organizations.--An eligible organization is a nonprofit trade association in the United States or a State or regional organization that promotes the exportation and sale of energy efficiency products or renewable energy products. (c) Application Process.--An eligible organization shall submit an application for cost-sharing assistance under subsection (a)-- (1) at such time and in such manner as the Under Secretary may require; and (2) that contains a plan that describes the activities the organization plans to carry out using the cost-sharing assistance provided under subsection (a). (d) Awarding Cost-Sharing Assistance.-- (1) In general.--The Under Secretary shall establish a process for granting applications for cost-sharing assistance under subsection (a) that includes a competitive review process. (2) Priority for innovative ideas.--In awarding cost- sharing assistance under subsection (a), the Under Secretary shall give priority to an eligible organization that includes in the plan of the organization submitted under subsection (c)(2) innovative ideas for improving access to the markets of foreign countries for energy efficiency products and renewable energy products exported by small- and medium-sized businesses in the United States. (e) Level of Cost-Sharing Assistance.-- (1) In general.--Subject to paragraph (2), the Under Secretary shall determine an appropriate percentage of the cost of carrying out a plan submitted by an eligible organization under subsection (c)(2) to be provided in the form of assistance under this section. (2) Limitation.--Assistance provided under this section may not exceed 50 percent of the cost of carrying out the plan of an eligible organization. SEC. 4. REPORT. Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of Energy, shall submit to Congress a report on the export promotion needs of businesses in the United States that export energy efficiency products or renewable energy products. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act-- (1) $15,000,000 for fiscal year 2012; (2) $16,000,000 for fiscal year 2013; (3) $17,000,000 for fiscal year 2014; (4) $18,000,000 for fiscal year 2015; and (5) $19,000,000 for fiscal year 2016.
Renewable Energy Market Access Program Act - Directs the Under Secretary for International Trade of the Department of Commerce to establish and carry out a program to provide cost-sharing assistance to nonprofit trade associations in the United States or state or regional organizations that promote the exportation and sale of energy efficiency products or renewable energy products to: (1) improve access to the markets of foreign countries for energy efficiency products and renewable energy products exported by small- and medium-sized U.S. businesses; and (2) assist such businesses in obtaining services and other assistance, including from the Department of Commerce and other federal agencies, with respect to exporting such products.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Budget Integrity Act''. SEC. 2. LONG-TERM COST ANALYSES OF LEGISLATION BY CBO. Section 402 of the Congressional Budget Act of 1974 is amended by inserting ``(a) Cost Estimates.--'' after ``Sec. 402.'' and by adding at the end the following new subsections: ``(b) Long-Term Cost Estimates.--(1) Whenever the Director of the Congressional Budget Office prepares an analysis of the costs of a bill or joint resolution under subsection (a), and upon the request of the chair or ranking minority member of the Committee on the Budget of the House of Representatives or the Senate, the Director shall prepare and submit to such committee the information requested under paragraphs (1), (2), and (3) of subsection (a) for any such bill or joint resolution that would have a significant fiscal impact, except that such information shall be for, if practicable, at least each of the next two ten-fiscal-year periods beginning with the first fiscal year after the last fiscal year for which an analysis was prepared under subsection (a). ``(2) As used in paragraph (1) and in subsection (c), the term `significant fiscal impact', when applied to either of the two ten- fiscal-year periods referred to in that paragraph, means any gross budgetary impact of at least 0.25 percent of gross domestic product.''. SEC. 3. POINT OF ORDER AGAINST LEGISLATION INCREASING LONG-TERM DEFICITS. (a) Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause a net increase in on-budget deficits in excess of $5,000,000,000 in any of the two consecutive 10-fiscal-year periods described in section 402(b) of the Congressional Budget Act of 1974. (b) Supermajority Waiver and Appeal in the Senate.-- (1) Waiver.--This section may be waived or suspended only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. (2) Appeal.--An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section. (c) Determinations of Budget Levels.--For purposes of this section, the levels of net deficit increases shall be determined on the basis of estimates provided by the Committee on the Budget of the House of Representatives or the Senate, as applicable. SEC. 4. CBO AND OMB PROJECTIONS. (a) Congressional Budget Office.--(1) Section 308 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsections: ``(e) Long-Term Projections.--Each year, the Director of the Congressional Budget Office shall issue a report projecting total spending, revenue, deficits, and debt for at least 40 years beginning with the first fiscal year after the last fiscal year covered in the most recently enacted concurrent resolution on the budget as a percentage of current projected gross domestic product annually based on current law and current law levels as modified to maintain current policy.''. (2) Section 202(e)(1) of the Congressional Budget Act of 1974 is amended by adding at the end the following new sentence: ``Such report shall also include an analysis of the long-term projections of current policy and proposed policy in the budget submitted by the President for such fiscal year.''. (b) Office of Management and Budget.--Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(40) long-term projections of total spending over 40 years as a percentage of gross domestic product annually and the impact of proposed policies over that period.''. SEC. 5. ESTABLISHMENT OF STATUTORY LIMIT ON THE PUBLIC DEBT. The Rules of the House of Representatives are amended by adding at the end the following new rule: ``RULE XXX ``Establishment of Statutory Limit on the Public Debt ``1. Upon adoption by Congress of a concurrent resolution on the budget for a fiscal year under section 301 or 304 of the Congressional Budget Act of 1974 that sets forth, as the appropriate level of the public debt for that fiscal year, an amount that is different from the amount of the statutory limit on the public debt that otherwise would be in effect for that fiscal year, the Clerk shall prepare an engrossment of a joint resolution increasing or decreasing, as the case may be, the statutory limit on the public debt in the form prescribed in clause 2. Upon engrossment of the joint resolution, the vote by which the concurrent resolution on the budget was finally agreed to in the House shall also be considered as a vote on passage of the joint resolution in the House, and the joint resolution shall be considered as passed by the House and duly certified and examined. The engrossed copy shall be signed by the Clerk and transmitted to the Senate for further legislative action. ``2. The matter after the resolving clause in a joint resolution described in clause 1 shall be as follows: `That subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection and inserting in lieu thereof ``$___''.', with the blank being filled with a dollar limitation equal to the appropriate level of the public debt set forth pursuant to section 301(a)(5) of the Congressional Budget Act of 1974 for the budget year in the relevant concurrent resolution described in clause 1. ``3. (a) The report of the Committee on the Budget on a concurrent resolution described in clause 1 and the joint explanatory statement of the managers on a conference report to accompany such a concurrent resolution each shall contain a clear statement of the effect the eventual enactment of a joint resolution engrossed under this rule would have on the statutory limit on the public debt. ``(b) It shall not be in order for the House to consider a concurrent resolution described in clause 1, or a conference report thereon, unless the report of the Committee on the Budget or the joint explanatory statement of the managers complies with paragraph (a). ``4. Nothing in this rule shall be construed as limiting or otherwise affecting-- ``(a) the power of the House or the Senate to consider and pass bills or joint resolutions, without regard to the procedures under clause 1, that would change the statutory limit on the public debt; or ``(b) the rights of Members, Delegates, the Resident Commissioner, or committees with respect to the introduction, consideration, and reporting of such bills or joint resolutions. ``5. In this rule the term `statutory limit on the public debt' means the maximum face amount of obligations issued under authority of chapter 31 of title 31, United States Code, and obligations guaranteed as to principal and interest by the United States (except such guaranteed obligations as may be held by the Secretary of the Treasury), as determined under section 3101(b) of such title after the application of section 3101(a) of such title, that may be outstanding at any one time.''. SEC. 6. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE OF LONG-TERM DEBT. (a) GAO Study.--Title IV of the Congressional Budget Act of 1974 is amended by inserting after section 402 the following new section: ``study by the government accountability office of long-term debt ``Sec. 403. The Government Accountability Office shall study the effect of the public debt over the 75-year period commencing with the year of the study of social service programs not included as liabilities on the balance sheet of the annual consolidated financial statements of the Government and report such results to the Congress. Such report shall be revised annually.''. (b) Table of Contents.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Act of 1974 is amended by inserting after the item relating to section 402 the following new item: ``Sec. 403. Study by the Government Accountability Office of long-term debt.''.
Budget Integrity Act This bill amends the Congressional Budget Act of 1974 to require the Congressional Budget Office (CBO) to prepare long-term cost estimates for reported legislation with a gross budgetary impact of at least 0.25% of gross domestic product in either of the next two 10-year periods. The bill also creates a point of order against considering legislation in the House or the Senate that would cause a net increase in on-budget deficits above $5 billion in either of the two periods. The CBO and the Office of Management and Budget must issue long-term budget projections that cover 40 years. The Government Accountability Office must report on the effects of long-term debt. The bill amends the Rules of the House of Representatives to deem the House to have passed any necessary changes to the statutory debt limit upon adoption of the budget resolution.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Coptic Churches Accountability Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In August 2013, Islamist-led mobs, burned and destroyed various Christian religious properties and properties owned by Christians in the Arab Republic of Egypt, following the removal of the government led by the Muslim Brotherhood. (2) The succeeding government announced that the army would rebuild the churches damaged during that sectarian violence at government expense. President Sisi, then the Minister of Defense of Egypt, ordered the engineering department of the Egyptian armed forces ``to swiftly repair all the affected churches, in recognition of the historical and national role played by our Coptic brothers'' during that period of sectarian violence. (3) In January 2015, President Sisi was the first Egyptian President to make an appearance at a Coptic Christian Christmas liturgy. (4) On January 6, 2016, President Sisi, speaking at St. Mark's Cathedral in Cairo, Egypt, while attending the Christmas liturgy, said, referring to the August 2013 sectarian violence, ``We have taken too long to fix and renovate the churches that were burned . . . this year everything will be fixed. Please accept our apologies for what happened . . . God willing . . . by next year there won't be a single house or church that is not restored. We will never forget the honorable, respectful, and great stance you and the Pope took during this period.''. (5) The Egyptian military has restored 26 of the 78 churches and other Christian buildings damaged during the August 2013 sectarian violence. Private citizens have restored an additional 23 damaged buildings. A total of 29 buildings in 24 locations have yet to be restored as of September 6, 2016. (6) In August 2016, Egypt passed a new law with respect to church construction that imposes significant burdens on the ability to build a church. (7) In general, government approval for building or repairing churches has served as a justification for sectarian violence targeting Christians in Egypt. (8) In El-`Our, Minya, on March 27, 2015, dozens of villagers protested the building of the new church in honor of the Egyptian Christians beheaded by Da'esh militants in Libya in February 2015. President Sisi had approved the construction of that church in response to calls by Coptic Orthodox Church leaders. A Coptic Orthodox clergyman from the region stated that protestors besieged the existing village church with the pastor and some of his family inside. According to a prominent human rights group, the protestors were armed, threw Molotov cocktails at the church, and set fire to a Christian-owned vehicle. Protestors also threw bricks at the house of another Christian victim. (9) Egyptian government officials frequently participate in informal reconciliation sessions to address such incidents of sectarian violence or tension, saying that such sessions prevented further violence. According to human rights groups, however, the sessions have regularly led to outcomes unfavorable to religious minorities and precluded recourse to the judicial system by such minorities. (10) St. Mark brought Christianity to Egypt, where the Coptic Christians have been the indigenous people of Egypt for over 2,000 years. (11) The Coptic Church represents the largest Christian community in the Middle East. (12) United States diplomatic leadership contributes meaningfully and materially to the international protection of religious minorities and their faith-based practices and places of worship. (13) The International Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.) states that ``it shall be the policy of the United States to condemn violations of religious freedom, and to promote, and to assist other governments in the promotion of, the fundamental right to freedom of religion.''. (14) Religious freedom is an essential cornerstone of democracy that promotes respect for individual liberty and contributes to greater stability, and is a priority value for the United States to promote in its engagement with other countries. SEC. 3. REPORT. (a) Report on Progress of Restoration.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter until 2021, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report describing-- (1) the progress made in restoring or repairing burned, damaged, or otherwise destroyed Christian religious property and properties owned by Christians in the Arab Republic of Egypt during the sectarian violence in August 2013, including a description of any discussion between officials of the Department of State and representatives of Egypt, occurring on or after the date of the submission of the most recent report, regarding the restoration or repair of such Christian religious property or property owned by Christians; (2) the implementation of the law described in section 2(6), including the number of permits issued for the construction of Christian churches pursuant to such law; and (3) the nature and extent of Egyptian laws and policies regarding the construction of Christian churches or places of worship. (b) Inclusion of Information in Annual Country Reports on Human Rights Practices and International Religious Freedom Reports.--The Secretary of State shall ensure that each Country Report on Human Rights Practices for Egypt required under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) and each Report on International Religious Freedom required under section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)) submitted after the date of the enactment of this Act contains-- (1) a summary of the information described in subsection (a)(1); and (2) a list of each Christian church, place of worship, or other Christian religious property (such as a monastery, Christian school or hospital, monument, relic, or holy site) and each item of property (such as artwork, manuscripts, vestments, vessels, or other artifacts) belonging to a Christian church that was burned, damaged, or otherwise destroyed during the sectarian violence in August 2013.
Coptic Churches Accountability Act This bill directs the Department of State, until 2021, to submit an annual report describing: the progress made in restoring or repairing Christian religious property and property owned by Christians in Egypt that was damaged or destroyed during the August 2013 sectarian violence; implementation of the law Egypt passed in 2016 that imposes significant burdens on church building; and the nature and extent of Egyptian laws and policies regarding the construction of Christian churches or places of worship. The State Department shall ensure that each country report on human rights practices for Egypt and each report on international religious freedom contains: a summary of the progress made in restoring religious property; and a list of each Christian church, place of worship, or other Christian religious property and each item of property belonging to a Christian church that was damaged or destroyed.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Women Veterans Health Equity Act of 1996''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Health care for veterans has traditionally been considered in terms of male veterans. (2) Women constitute nearly 5 percent of the total veteran population, a percentage that is growing. (3) There are currently 1,200,000 female veterans in the United States, a number which is steadily increasing. (4) Thirty percent of women using Department of Veterans Affairs facilities report some form of sexual assault or sexual trauma during their military service. SEC. 3. TIMELY AND APPROPRIATE HEALTH CARE SERVICES FOR WOMEN. (a) Ensured Provision of Services.--The Secretary of Veterans Affairs shall ensure that each health-care facility under the direct jurisdiction of the Secretary is able, through services made available either by individuals appointed to positions in the Veterans Health Administration or under contracts or other agreements made under section 7409, 8111, or 8153 of title 38, United States Code, or title II of Public Law 102-585, to provide in a timely and appropriate manner women's health services (as defined in section 1701(10) of title 38, United States Code (as added by section 4) to any veteran described in section 1710(a)(1) of title 38, United States Code, who is eligible for such services. (b) Health Care Services To Be Provided Directly When Cost Effective.--(1) The Secretary shall ensure that each health-care facility under the direct jurisdiction of the Secretary shall provide women's health services directly (rather than by contract or other agreement) when it is cost effective to do so. (2) The Secretary shall ensure that each such facility is provided appropriate equipment, treatment facilities, and staff to carry out paragraph (1) and to ensure that the quality of care provided under that paragraph is in accordance with professional standards. (c) Conforming Repeal.--Section 302 of the Veterans' Health Care Amendments of 1983 (Public Law 98-160; 97 Stat. 1004; 38 U.S.C. 1701 note) is repealed. SEC. 4. WOMEN'S HEALTH SERVICES. (a) Women's Health Services.--Section 1701 of title 38, United States Code, is amended-- (1) in paragraph (6)(A)(i), by inserting ``women's health services,'' after ``preventive health services,''; and (2) by adding at the end the following: ``(10) The term `women's health services' means health care services provided to women. Such term includes counseling and services relating to the following: ``(A) Papanicolaou tests (pap smear). ``(B) Breast examinations and mammography. ``(C) The treatment, management, and prevention of sexually transmitted diseases. ``(D) Hormone replacement therapy. ``(E) Menopause, osteoporosis, senility, and other conditions relating to aging. ``(F) Cardiac care. ``(G) Physical and psychological conditions arising out of acts of sexual violence or sexual intimidation. ``(H) Well-baby care and pediatrics. ``(I) Physical and psychological conditions that result from homelessness.''. (b) Contracts for Women's Health Services.--Section 1703(a) of such title is amended by adding at the end the following: ``(9) Women's health services for veterans on an ambulatory or outpatient basis.''. (c) Repeal of Superseded Authority.--Section 106 of the Veterans Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1710 note) is amended-- (1) by striking out subsection (a); and (2) by striking out ``(b) Responsibilities of Directors of Facilities.--'' before ``The Secretary''. SEC. 5. PRIMARY CARE SERVICES. (a) Training of Primary Care Physicians.--The Secretary of Veterans Affairs shall ensure that primary care physicians of the Department of Veterans Affairs are trained and prepared to ask the appropriate questions in regard to the possibility that a patient who is a woman veteran may have experienced sexual assault or sexual trauma while in active military, naval, or air service. (b) Pregnancy Care for Women Veterans With Service-Connected Disability.--The Secretary of Veterans Affairs shall make available to any pregnant veteran who has a service-connected disability pregnancy care services, including pre-natal, delivery, and post-natal care. SEC. 6. OUTREACH SERVICES FOR HOMELESS WOMEN VETERANS. Section 7722(e) of title 38, United States Code, is amended by adding at the end the following new sentence: ``In carrying out this subsection, the Secretary shall take such steps as may be necessary to ensure that homeless women veterans are included in such outreach programs and outreach services. Such programs and services for women veterans shall include the following: ``(1) Crisis counseling and psychological testing for Post- Traumatic Stress Disorder and other manic depressive illnesses. ``(2) Transportation for outreach assistance. ``(3) Priority placement for inpatient services. ``(4) Follow-up and after-care treatment.''. SEC. 7. SAFE AND EFFECTIVE TREATMENT FOR WOMEN PSYCHIATRIC PATIENTS. (a) Safe and Effective Treatment.--The Secretary of Veterans Affairs shall ensure that women veterans who receive psychiatric treatment from the Secretary, particularly in the case of women who are sexually traumatized, receive such treatment (on both an inpatient and outpatient basis) in a safe and effective manner that recognizes the privacy needs of such women. The Secretary shall ensure strict confidentiality for women veterans receiving such treatment. Services to be provided women veterans who require such treatment shall include the following: (1) Private counseling. (2) A comprehensive medical examination and evaluation. (b) Partnerships To Provide Temporary Shelter.--As part of a program of treatment under subsection (a), the Secretary shall establish partnerships with nonprofit entities to provide temporary housing for homeless women veterans until their mental condition is stabilized. SEC. 8. MAMMOGRAPHY QUALITY STANDARDS. (a) In General.--(1) Subchapter II of chapter 73 is amended by adding at the end the following new section: ``Sec. 7319. Mammography quality standards ``(a) A mammogram may not be performed at a Department facility unless that facility is accredited for that purpose by a private nonprofit organization designated by the Secretary. An organization designated by the Secretary under this subsection shall meet the standards for accrediting bodies established under section 354(e) of the Public Health Service Act (42 U.S.C. 263b(e)). ``(b) The Secretary, in consultation with the Secretary of Health and Human Services, shall prescribe quality assurance and quality control standards relating to the performance and interpretation of mammograms and use of mammogram equipment and facilities of the Department of Veterans Affairs consistent with the requirements of section 354(f)(1) of the Public Health Service Act. Such standards shall be no less stringent than the standards prescribed by the Secretary of Health and Human Services under section 354(f) of the Public Health Service Act. ``(c)(1) The Secretary, to ensure compliance with the standards prescribed under subsection (b), shall provide for an annual inspection of the equipment and facilities used by and in Department health care facilities for the performance of mammograms. Such inspections shall be carried out in a manner consistent with the inspection of certified facilities by the Secretary of Health and Human Services under section 354(g) of the Public Health Service Act. ``(2) The Secretary may not provide for an inspection under paragraph (1) to be performed by a State agency. ``(d) The Secretary shall ensure that mammograms performed for the Department under contract with any non-Department facility or provider conform to the quality standards prescribed by the Secretary of Health and Human Services under section 354 of the Public Health Service Act. ``(e) For the purposes of this section, the term `mammogram' has the meaning given such term in paragraph (5) of section 354(a) of the Public Health Service Act (42 U.S.C. 263b(a)).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7318 the following new item: ``7319. Mammography quality standards.''. (b) Deadline for Prescribing Standards.--The Secretary of Veterans Affairs shall prescribe standards under subsection (b) of section 7319 of title 38, United States Code, as added by subsection (a), not later than the end of the 120-day period beginning on the date of the enactment of this Act. (c) Implementation Report.--The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the Secretary's implementation of section 7319 of title 38, United States Code, as added by subsection (a). The report shall be submitted not later than 120 days after the later of (1) the date on which the Secretary prescribes the quality standards required under subsection (b) of that section, or (2) the date of the enactment of this Act. SEC. 9. COORDINATION OF SERVICES. Section 108 of the Women Veterans Health Programs Act of 1992 (title I of Public Law 102-585; 38 U.S.C. 1710) is amended-- (1) by inserting ``(a)'' at the beginning of the text of the section; and (2) by adding at the end the following: ``(b)(1) Each coordinator of women's services under subsection (a) shall serve in that capacity on a full-time basis, with the duties of that position being that official's principal responsibility. ``(2) The Secretary shall ensure that (subject to the availability of appropriations) sufficient resources are provided to each such coordinator to enable that coordinator to carry out the functions of the coordinator under this section and shall ensure that each such coordinator has direct access to the Chief of Staff of each Department medical facility in that coordinator's region.''. SEC. 10. PATIENT PRIVACY FOR WOMEN PATIENTS. (a) Identification of Deficiencies.--The Secretary of Veterans Affairs shall conduct a survey of each medical center under the jurisdiction of the Secretary to identify deficiencies relating to patient privacy afforded to women patients in the clinical areas at each such center which may interfere with appropriate treatment of such patients. (b) Correction of Deficiencies.--The Secretary shall ensure that plans and, where appropriate, interim steps, to correct the deficiencies identified in the survey conducted under subsection (a) are developed and are incorporated into the Department's construction planning processes and given a high priority. (c) Reports to Congress.--The Secretary shall compile an annual inventory, by medical center, of deficiencies identified under subsection (a) and of plans and, where appropriate, interim steps, to correct such deficiencies. The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives, not later than October 1, 1997, and not later than October 1 each year thereafter through 2000 a report on such deficiencies. The Secretary shall include in such report the inventory compiled by the Secretary, the proposed corrective plans, and the status of such plans. SEC. 11. OUTREACH SERVICES. The Secretary of Veterans Affairs shall carry out a program of advertising in mass media to inform women veterans of the health services available to them through the Department of Veterans Affairs.
Women Veterans Health Equity Act of 1996 - Directs the Secretary of Veterans Affairs to ensure that each Department of Veterans Affairs health-care facility is able to provide timely and appropriate women's health services. Requires such services to be provided directly (rather than by contract or other agreement) when cost-effective. Requires the Secretary to ensure that each such facility is provided appropriate equipment, facilities, and staff for such services and that the quality of such care meets professional standards. (Sec. 4) Specifies the services to be included as women's health services in the Department. Allows such services provided on an ambulatory or outpatient basis to be procured by contract when Department facilities are not capable of furnishing economical hospital care or medical services because of geographical inaccessibility or are not capable of furnishing the care or services required. (Sec. 5) Directs the Secretary to ensure that Department primary care physicians are trained and prepared to appropriately question a woman patient who may have experienced sexual assault or trauma while in active military service. Requires pregnancy care to be provided to any pregnant veteran who has a service-connected disability. (Sec. 6) Directs the Secretary to ensure that homeless women veterans are included in homeless veterans' outreach programs, and that such programs include specified counseling and outreach assistance and follow-up and after-care treatment. (Sec. 7) Requires women veterans to receive safe Department psychiatric treatment which recognizes their privacy needs. Requires strict confidentiality concerning such treatment. Requires such services to include private counseling and a comprehensive medical examination and evaluation. Directs the Secretary to establish partnerships with nonprofit entities to provide temporary housing for homeless women veterans until their mental condition is stabilized. (Sec. 8) Prohibits a mammogram from being performed at a Department facility unless such facility is accredited for such purpose by a private nonprofit organization designated by the Secretary. Directs the Secretary to prescribe quality assurance standards for such mammograms as well as for mammogram equipment and facilities. Requires an annual inspection of such equipment and facilities. Requires contracted mammogram services to conform to such standards. Requires: (1) the standards to be prescribed within 120 days after the enactment of this Act; and (2) a report from the Secretary to the congressional veterans' committees on the implementation of this section. (Sec. 9) Amends the Women Veterans Health Programs Act of 1992 to require each coordinator of women's services established under such Act to serve in such capacity on a full-time basis. Directs the Secretary to ensure that sufficient resources are provided to coordinators to carry out their functions. (Sec. 10) Directs the Secretary to conduct a survey of, and report to the veterans' committees in each of 1997 through 2000 on, each Department medical center to identify deficiencies relating to patient privacy afforded to women patients which may interfere with appropriate treatment. Requires the correction of any deficiencies discovered. (Sec. 11) Directs the Secretary to carry out a program of advertising in mass media to inform women veterans of the health services available through the Department.
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50, Seventy-ninth Congress. Such regulations shall also grant the option to deduct as expenses intangible drilling and development costs in the case of wells drilled for any geothermal deposit (as defined in section 613(e)(2)) to the same extent and in the same manner as such expenses are deductible in the case of oil and gas wells. This subsection shall not apply with respect to any costs to which any deduction is allowed under section 59(e) or 291. ``(2) Exclusion.-- ``(A) In general.--This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)). ``(B) Amortization of amounts not allowable as deductions under subparagraph (a).--The amount not allowable as a deduction for any taxable year by reason of subparagraph (A) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred. For purposes of section 1254, any deduction under this subparagraph shall be treated as a deduction under this subsection.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application With Respect to Major Integrated Oil Companies.-- In the case of any taxable year in which the taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)), the allowance for percentage depletion shall be zero.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Application With Respect to Major Integrated Oil Companies.-- ``(1) In general.--This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)). ``(2) Amortization of amounts not allowable as deductions under paragraph (1).--The amount not allowable as a deduction for any taxable year by reason of paragraph (1) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. SEC. 106. MODIFICATION OF DEFINITION OF MAJOR INTEGRATED OIL COMPANY. (a) In General.--Paragraph (5) of section 167(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Certain successors in interest.--For purposes of this paragraph, the term `major integrated oil company' includes any successor in interest of a company that was described in subparagraph (B) in any taxable year, if such successor controls more than 50 percent of the crude oil production or natural gas production of such company.''. (b) Conforming Amendments.-- (1) In general.--Subparagraph (B) of section 167(h)(5) of the Internal Revenue Code of 1986 is amended by inserting ``except as provided in subparagraph (C),'' after ``For purposes of this paragraph,''. (2) Taxable years tested.--Clause (iii) of section 167(h)(5)(B) of such Code is amended-- (A) by striking ``does not apply by reason of paragraph (4) of section 613A(d)'' and inserting ``did not apply by reason of paragraph (4) of section 613A(d) for any taxable year after 2004'', and (B) by striking ``does not apply'' in subclause (II) and inserting ``did not apply for the taxable year''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS SEC. 201. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS ROYALTY RELIEF. (a) In General.--Sections 344 and 345 of the Energy Policy Act of 2005 (42 U.S.C. 15904, 15905) are repealed. (b) Administration.--The Secretary of the Interior shall not be required to provide for royalty relief in the lease sale terms beginning with the first lease sale held on or after the date of enactment of this Act for which a final notice of sale has not been published. TITLE III--MISCELLANEOUS SEC. 301. DEFICIT REDUCTION. The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. SEC. 302. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Close Big Oil Tax Loopholes Act - Amends the Internal Revenue Code to limit or repeal certain tax benefits for major integrated oil companies (defined as companies with annual gross receipts over $1 billion and an average daily worldwide production of crude oil of at least 500,000 barrels or certain successors in interest of such companies), including: (1) the foreign tax credit for companies that are dual capacity taxpayers; (2) the tax deduction for income attributable to the production, refining, processing, transportation, or distribution of oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal royalty relief (suspension of royalties) for: (1) natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) deep water oil and gas production in the Western and Central Planning Area of the Gulf (including the portion of the Eastern Planning Area encompassing whole lease blocks lying west of 87 degrees, 30 minutes west longitude). Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the federal debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Accessible Health Coverage Act''. SEC. 2. PROVISIONS TO MAKE FEHBP AVAILABLE TO THE GENERAL PUBLIC. (a) In General.--Chapter 89 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8915. Individual access to coverage ``(a) In General.--A contract may not be made or a plan approved unless the carrier agrees to offer to eligible individuals, throughout each term for which the contract or approval remains effective, the same benefits (subject to the same maximums, limitations, exclusions, and other similar terms or conditions) as would be offered under such contract or plan to employees and annuitants and their family members. ``(b) Eligible Individuals.--An individual shall be eligible to enroll under a plan or contract under this chapter if such individual-- ``(1) is not eligible to be enrolled in a group health plan (as such term is defined in section 2791(a) of the Public Health Service Act (42 U.S.C. 300gg-1(a)); ``(2) provides the Office with documentation that such individual has been denied individual health insurance coverage (as such term is defined in section 2791(b)(5) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(5)); ``(3) during the 6-month period prior to the date on which such individual attempts to enroll under such plan or contract, was not eligible for coverage through a State high-risk health insurance pool or coverage through a health insurer of last resort; ``(4) is not eligible for medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and ``(5) meets such other requirements as the Office, by regulation, may impose. ``(c) Enrollment.--The Office shall provide for the implementation of procedures to provide for an annual open enrollment period during which individuals may enroll with a plan or contract for coverage under this section. ``(d) Premiums.-- ``(1) In general.--Premiums for coverage under this section shall be established in conformance with such requirements as the Office shall by regulation prescribe, including provisions to ensure conformance with generally accepted standards and practices associated with community rating. ``(2) Limitation.--With respect to coverage under a health plan or contract under this section, the Office, in establishing premiums under paragraph (1), shall ensure that the monthly premium for coverage under this section does not exceed 200 percent of the monthly premium otherwise applicable for the coverage of employees and annuitants and their family members under such health plan or contract under this chapter. ``(e) Adjustment in Agency Contributions.-- ``(1) Annual reporting.--Each carrier shall maintain separate records with respect to individuals covered under this section and employees and annuitants (and their family members) otherwise covered under this chapter, and shall annually report to the Office the amount which the carrier paid (including claims and administrative costs) with respect to coverage provided to individuals under this section. ``(2) Determination by office.--If, based on the reports received under paragraph (1), the Office determines that the average cost of providing coverage to individuals under this section exceeds 200 percent of the premiums paid by such individuals for such coverage, the Office shall increase the biweekly Government contribution for coverage otherwise provided under this chapter by an amount equal to such excess amount. ``(f) Contributions and Benefits.-- ``(1) In general.--In no event shall the enactment of this section result in-- ``(A) any increase in the level of individual contributions by employees or annuitants as required under section 8906 or under any other provision of this chapter, including copayments or deductibles; ``(B) the payment by the Government of any premiums associated with coverage under this section except for the increase described in subsection (e)(2); ``(C) any decrease in the types of benefits offered under this chapter; or ``(D) any other change that would adversely affect the coverage afforded under this chapter to employees and annuitants and their family members. ``(2) Limitation.--Coverage under this section shall be provided on an individual, not a family basis. ``(g) Individuals Eligible for Medicare.--Benefits under this section shall, with respect to an individual who is entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), be offered (for use in coordination with those Social Security benefits) to the same extent and in the same manner as if coverage were under the preceding provisions of this chapter, rather than under this section. ``(h) Exclusion of Certain Carriers.-- ``(1) In general.--A carrier may file an application with the Office setting forth reasons why such carrier, or a plan provided by such carrier, should be excluded from the requirements of this section. ``(2) Consideration of factors.--In reviewing an application under paragraph (1), the Office may consider such factors as-- ``(A) any bona fide enrollment restrictions which would make the application of this section inappropriate, including those common to plans which are limited to individuals having a past or current employment relationship with a particular agency or other authority of the Government; ``(B) whether compliance with this section would jeopardize the financial solvency of the plan or carrier, or otherwise compromise its ability to offer health benefits under the preceding provisions of this chapter; and ``(C) the anticipated duration of the requested exclusion, and what efforts the plan or carrier proposes to take in order to be able to comply with this section. ``(i) Application of Section.--Except as the Office may by regulation prescribe, any reference to this chapter (or any requirement of this chapter), made in any provision of law, shall not be considered to include this section (or any requirement of this section). ``(j) Termination.--This section shall terminate on the date that is 10 years after the date of enactment of this section.''. (b) Conforming Amendment.--The table of sections for chapter 89 of title 5, United States Code, is amended by adding at the end the following: ``8915. Individual access to coverage.''.
Accessible Health Coverage Act - Amends Federal law to require any plan approved under the Federal Employees Health Benefits Program to offer health insurance to certain members of the general public who are not otherwise eligible for health insurance. Sets forth provisions concerning premiums, contributions, and benefits. Terminates the provisions of this Act ten years after enactment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Crisis Line Study Act of 2017''. SEC. 2. STUDY ON EFFICACY OF VETERANS CRISIS LINE. (a) Study.--The Secretary of Veterans Affairs shall conduct a study on the outcomes and the efficacy of the Veterans Crisis Line during the 5-year period beginning January 1, 2014, based on an analysis of national suicide data and data collected from the Veterans Crisis Line. (b) Matters Included.--The study under subsection (a) shall address the following: (1) The efficacy of the Veterans Crisis Line in leading veterans to sustained mental health regimens, by determining-- (A) the number of veterans who, after contacting the Veterans Crisis Line and being referred to a suicide prevention specialist, begin and continue mental health care furnished by the Secretary of Veterans Affairs; and (B) the number of veterans who, after contacting the Veterans Crisis Line and being referred to a suicide prevention specialist, either-- (i) begin mental health care furnished by the Secretary but do not continue such care; or (ii) do not begin such care. (2) The visibility of the Veterans Crisis Line, by determining-- (A) the number of veterans who contact the Veterans Crisis Line and have not previously received hospital care or medical services furnished by the Secretary; and (B) the number of veterans who contact the Veterans Crisis Line and have previously received hospital care or medical services furnished by the Secretary. (3) The role of the Veterans Crisis Line as part of the mental health care services of the Department, by determining, of the veterans who are enrolled in the health care system established under section 1705(a) of title 38, United States Code, who contact the Veterans Crisis Line, the number who are under the care of a mental health care provider of the Department at the time of such contact. (4) Whether receiving sustained mental health care affects suicidality and whether veterans previously receiving mental health care furnished by the Secretary use the Veterans Crisis Line in times of crisis, with respect to the veterans described in paragraph (3), by determining the time frame between receiving such care and the time of such contact. (5) The effectiveness of the Veterans Crisis Line in assisting veterans at risk for suicide when the Veterans Crisis Line is contacted by a non-veteran, by determining, of the number of non-veterans who contact the Veterans Crisis Line looking for support in assisting a veteran, how many of such individuals receive support in having a veteran begin to receive mental health care furnished by the Secretary. (6) The overall efficacy of the Veterans Crisis Line in preventing suicides and whether the number of contacts affects the efficacy, by determining-- (A) the number of veterans who contact the Veterans Crisis Line who ultimately commit or attempt suicide; and (B) of such veterans, how many times did a veteran contact the Veterans Crisis Line prior to committing or attempting suicide. (7) The long-term efficacy of the Veterans Crisis Line in preventing repeated suicide attempts and whether the efficacy is temporary, by determining, of the number of veterans who contacted the Veterans Crisis Line and did not commit or attempt suicide during the following 6-month period, the number who contacted the Veterans Crisis Line in crisis at a later time and thereafter did commit or attempt suicide. (8) Whether referral to mental health care affects the risk of suicide, by determining-- (A) the number of veterans who contact the Veterans Crisis Line who are not referred to, or do not continue receiving, mental health care who commit suicide; and (B) the number of veterans described in paragraph (1)(A) who commit or attempt suicide. (9) The efficacy of the Veterans Crisis Line to promote continued mental health care in those veterans who are at high risk for suicide whose suicide was prevented, by determining, of the number of veterans who contacted the Veterans Crisis Line and did not commit or attempt suicide soon thereafter, the number that begin and continue to receive mental health care furnished by the Secretary. (10) Such other matters as the Secretary determines appropriate. (c) Rule of Construction Regarding Data Collection.--Nothing in this section may be construed to modify or affect the manner in which data is collected, or the kind or content of data collected, by the Secretary under the Veterans Crisis Line. (d) Submission.--Not later than May 31, 2019, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate the study under subsection (a). (e) Veterans Crisis Line Defined.--In this section, the term ``Veterans Crisis Line'' means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code. Passed the House of Representatives November 8, 2017. Attest: KAREN L. HAAS, Clerk.
Veterans Crisis Line Study Act of 2017 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to: (1) conduct a study on the outcomes and the efficacy of the toll-free Veterans Crisis Line during the five-year period beginning January 1, 2014, based on an analysis of national suicide data and data collected from the line, and (2) submit such study to Congress by May 31, 2019. Such study shall address: (1) the efficacy of the line in leading veterans to sustained mental health regimens and suicide prevention; (2) the line's visibility; (3) the role of the line as part of the VA's mental health care services; (4) whether receiving sustained mental health care affects suicidality and whether veterans previously receiving VA mental health care use the line in times of crisis; (5) the line's effectiveness in assisting veterans at risk for suicide when it is contacted by a non-veteran; (6) the line's overall efficacy in preventing suicides and whether the number of contacts affects such efficacy; (7) the line's long-term efficacy in preventing repeated suicide attempts and whether such efficacy is temporary; (8) whether referral to mental health care affects the risk of suicide; and (9) the line's efficacy in promoting continued mental health care for those veterans who are at high risk for suicide whose suicide was prevented.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Passenger Protection Act of 2017''. SEC. 2. PHYSICAL STANDARDS. (a) Seat Size.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a final rule regarding the minimum standards and specifications for an air carrier and foreign air carrier that addresses the required seat width, padding, reclining, pitch, leg room, aisle width, safety and health regarding such seats, in consultation with the Occupational Safety and Health Administration (in this section referred to as ``OSHA''), the Centers for Disease Control and Prevention (in this section referred to as the ``CDC''), passenger advocacy groups, disabled and senior citizen groups, and representatives of air carriers. (b) Bathroom Size.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a final rule regarding the minimum standards and specifications for an air carrier and foreign air carrier that addresses the required bathroom dimensions, door size, toilet size, safety and health for the bathroom, in consultation with OSHA, the CDC, passenger advocacy groups, disabled and senior citizens, and representatives of air carriers. SEC. 3. PASSENGER PROTECTIONS. (a) Specific Rights.-- (1) Damaged or inoperable amenities.--The Secretary of Transportation shall require that an air carrier and foreign air carrier refund, not later than 30 days after a scheduled flight, up to 10 percent of the ticket cost to a passenger whose in-air amenities (televisions, headphones, wireless internet access) are broken or do not work as promised, and to refund the full cost of any in-air purchase (entertainment, wireless internet) that is not received or does not work. (2) Delay and cancellation honesty.--The Secretary shall fine an air carrier and foreign air carrier $1,000 per passenger for a cancellation or delay based on false or dishonest claims of force majeure by such a carrier. (3) Delays not caused by force majeure.--The Secretary shall require an air carrier and foreign air carrier to provide a passenger whose flight is delayed by 3 or more hours, for reasons not considered force majeure, a replacement ticket on another air carrier to the same destination that departs not later than 24 hours after the original departure time. If such a ticket is unavailable, an air carrier or foreign air carrier shall either refund the cost of the ticket price or provide a replacement ticket departing more than 24 hours after the original departure time, whichever is more satisfactory to a passenger. (4) Economic delays or cancellations.--The Secretary shall require an air carrier and foreign air carrier to notify passengers at least 3 hours in advance if a flight is to be delayed or cancelled for economic reasons, and to provide a ticket refund and, if desired, alternate transportation to a passenger whose flight is cancelled for such reasons. (5) Fees.--An air carrier and foreign air carrier shall provide that fees-- (A) not included in airfare are conspicuously disclosed in advance of a ticket purchase; and (B) not included in an airfare may not be exorbitant, defined as in excess of 200 percent above the cost to the airline of providing the service or benefit in question. (6) Frequent flier programs.--The Secretary shall require an air carrier to report basic statistics on its frequent flier programs, to permit passengers to evaluate objectively the benefits of each such program, and to inform passengers at least 12 months in advance before a reduction or devaluation of benefits. (7) Hotline.--Notwithstanding any other provision of law, 10 percent of fines paid to the Government by an air carrier and foreign air carrier for any violation of a regulation of the Department of Transportation or the Federal Aviation Administration shall be available to maintain the consumer complaint hotline (established under section 42302 of title 49, United States Code), and to develop and implement a passenger claims arbitration system. Any complaint to the Department or the Transportation Security Administration shall be acknowledged not later than 24 hours after submitting the complaint, the alleged offending agency shall respond not later than 30 days after notification, and the passenger in question shall receive a response not later than 60 days after submitting the complaint. (8) Lost, damaged or stolen baggage.--The Secretary shall require an air carrier and foreign air carrier to comply with the Uniform Unclaimed Property Act, and provide that proceeds collected from the sale of lost, unclaimed baggage be used to cover the cost of future baggage disputes. The Secretary shall also require that an air carrier and foreign air carrier offer excess value insurance for lost or damaged baggage. (9) Notification of rights and fees.--The Secretary shall require an air carrier and foreign air carrier to inform customers in plain language, in writing and in prominent locations on its website, of their rights, liabilities, and obligations under their respective contract of carriage, including the recourse available to them in the event of a cancellation, delay, damaged baggage, and other potential difficulties. (10) Reciprocity.--The Secretary shall reinstate the reciprocity rule (commonly known as Rule 240) to affirm that a passenger on a flight that is cancelled or a flight delayed 3 or more hours may use the ticket on another airline with available seating to fly to the same or nearby destination. (11) Strengthened tarmac protections.--The Secretary shall fine an air carrier and foreign air carrier $1,000 per passenger for any violation of Federal policy with respect to tarmac delays, including the requirements that an air carrier permit passengers to deplane after more than 3 hours spent on the tarmac, and that an air carrier provide adequate food, potable water, and operable lavatories to passengers 2 hours after the aircraft is delayed on the tarmac. (b) Definitions.--In this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Force majeure.--The term ``force majeure'' means any event arising from causes beyond the control of the air carrier, including Acts of God (such as fire, severe weather, or natural disasters), unanticipated acts of people (such as war or strike), and unforeseeable breakage or accident to aircraft or equipment. The term does not include to a lack of personnel, a lack of airworthy aircraft or supplies, increased cost or expense of operation (whether anticipated or unanticipated), or any other condition reasonably within the control of an air carrier or foreign air carrier. (c) Amendment to Title 49.-- (1) Amendment.--Chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 40131. Equipment and personnel reserves ``(a) Reserve Equipment and Staffing.--Not later than 180 days after the date of enactment of the Airline Passenger Protection Act of 2017, the Secretary of Transportation shall require an air carrier and foreign air carrier to develop and implement reserve staffing and equipment plans that optimize the carrier's ability to provide quality service, defined as fewer than 2 percent of flights cancelled for causes reasonably within the control of the carrier, and fewer than 15 percent of flights delayed for causes reasonably within the control of the carrier. ``(b) Guidelines and Reporting Requirements.--Not later than 180 days after the date of enactment of the Airline Passenger Protection Act of 2017, the Secretary shall establish guidelines for an air carrier and foreign air carrier to report cancellation and on-time performance statistics to the FAA on an annual basis, beginning 360 days after the date of enactment of this Act. ``(c) Failure To Comply.--The Secretary shall fine an air carrier and foreign air carrier if the Secretary determines that such air carrier or foreign air carrier fails to comply with the requirements of this section and such failure was caused by the carrier's failure to develop, implement, or abide by the terms of its reserve staffing and equipment plan.''. (2) Clerical amendment.--The analysis of chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``40131. Equipment and personnel reserves.''.
Airline Passenger Protection Act of 2017 This bill prescribes certain airline passenger protection requirements with respect to: seat size, safety, and health; bathroom size, safety, and health; refunds for damaged or inoperable in-air amenities (televisions, headphones, and wireless internet access); delays and cancellations; disclosure of passenger fees and passenger rights of recourse in the event of a cancellation, delay, and damaged baggage; frequent flier program benefits; maintenance of a consumer complaint hotline; lost, damaged, or stolen baggage disputes and insurance; reinstatement of reciprocity rule (Rule 240) permitting passengers on a flight that is cancelled or delayed three or more hours to use their ticket on another airline to fly to the same or a nearby destination; and tarmac delays, deplaning, and the provision of adequate food, potable water, and operable lavatories. The bill directs the Department of Transportation (DOT) to require air carriers and foreign air carriers to develop and implement reserve staffing and equipment plans that optimize the carrier's ability to provide quality service, defined as fewer than 2% of flights cancelled and fewer than 15% of flights delayed for causes reasonably within the control of the carrier. DOT shall establish guidelines for carriers to report annually cancellation and on-time performance statistics to the Federal Aviation Administration.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Energy Relief Act''. SEC. 2. TERMINATION OF LAWS PROHIBITING EXPENDITURES FOR NATURAL GAS LEASING AND PRELEASING ACTIVITIES REGARDING AREAS OF THE OUTER CONTINENTAL SHELF. All provisions of existing Federal law prohibiting the spending of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf shall have no force or effect. SEC. 3. REVOCATION OF EXISTING PRESIDENTIAL WITHDRAWALS WITH RESPECT TO NATURAL GAS. All existing withdrawals by the President under the authority of section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 1341) are hereby revoked and are no longer in effect with respect to the leasing of areas for exploration for, and development and production of, natural gas. SEC. 4. OUTER CONTINENTAL SHELF LEASING PROGRAM. Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(a)) is amended by inserting after the second sentence the following: ``The Secretary shall, in each 5-year program, include lease sales that when viewed as a whole propose to offer for gas leasing at least 75 percent of the available unleased acreage within each OCS Planning Area, as such OCS Planning Areas are established as of the date of enactment of this Act.''. SEC. 5. SHARING OF REVENUES. Effective October 1, 2006, bonus bid and royalty revenues received from existing and future Federal gas leases on lands that are located within the State seaward boundaries established under section 4 of the Submerged Lands Act (43 U.S.C. 1312) shall be handled as follows: (1) The Secretary shall share 50 percent of all such bids and royalties derived from any leased tract that lies wholly within the expanded seaward boundary of any coastal State or, in the case where a leased tract lies partially within the seaward boundary, a percentage of bonus bids and royalties derived from such tract equal to the percentage of surface acreage of the tract that lies within such seaward boundary with the coastal state. (2) The remaining 50 percent of such bonus bids and royalties shall be transmitted simultaneously to the miscellaneous receipts account of the Treasury of the United States. SEC. 6. NATURAL GAS-ONLY LEASING. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following subsection: ``(p) Natural Gas-Only Leasing.-- ``(1) In general.--The Secretary may issue leases under this section that authorize development and production only of natural gas and associated condensate in accordance with regulations promulgated under paragraph (2). ``(2) Regulations.--Before issuing any lease under paragraph (1), the Secretary must promulgate regulations that-- ``(A) define what constitutes natural gas, condensate, and oil; ``(B) establish the lessee's rights and obligations regarding condensate produced in association with natural gas; ``(C) prescribe procedures and requirements that the lessee of a lease issued under this subsection must follow if the lessee discovers oil deposits in the course of exploration or development; and ``(D) establish such other requirements for natural gas-only leases as the Secretary considers appropriate. ``(3) Application of other laws.--All provisions of this Act or any other Federal law or regulations that apply to oil and natural gas leases for the outer Continental Shelf shall apply to natural gas-only leases authorized under this subsection. ``(4) Existing leases.--At the request of the lessee of an oil and gas lease in effect under this section on the date of enactment of this subsection, and under the requirements prescribed in regulations promulgated under paragraph (2), the Secretary may restrict development under such a lease to natural gas and associated condensate only. ``(5) Oil and gas leasing programs.-- ``(A) Program for 2002-2007.--The Secretary may issue a natural gas-only lease in accordance with this subsection before June 30, 2007, without amending the outer Continental shelf leasing program that applies for the period beginning on the date of the enactment of this subsection and ending June 30, 2007, if the Secretary provides public notice and an opportunity to comment on the proposed notice of sale. ``(B) Program for 2007-2012.--The Secretary may include provisions regarding issuance of natural gas- only leases in the outer Continental shelf leasing program that applies for the 5-year period beginning in 2007, notwithstanding any draft proposal for such program issued before the date of the enactment of this subsection.''.
Outer Continental Shelf Energy Relief Act - Declares that all provisions of existing federal law prohibiting the spending of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf have no force or effect. Revokes all existing withdrawals made by the President under the authority of the Outer Continental Shelf Lands Act (OCSLA). States such withdrawals are no longer in effect with respect to natural gas leasing, exploration, development or production. Amends the OCSLA leasing program to instruct the Secretary, in each five-year program, to include lease sales that when viewed as a whole propose to offer for gas leasing at least 75% of the available unleased acreage within each OCS Planning Area. Prescribes guidelines for sharing with certain coastal states bonus bid and royalty revenues received from existing and future federal gas leases on lands located within state seaward boundaries. Authorizes the Secretary to issue leases for development and production only of natural gas and associated condensate (natural gas-only leasing).
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SECTION 1. ACQUISITION OF PROJECTS AND REMOVAL OF DAMS. The Elwha River Ecosystem and Fisheries Restoration Act (106 Stat. 3173) is amended by striking section 3 and inserting the following: ``SEC. 3. ACQUISITION OF PROJECTS. ``(a) In General.--As soon as practicable after sums are appropriated for the purpose, the Secretary shall acquire the Elwha Project and Glines Project for a purchase price of $29,500,000. ``(b) Release From Liability.-- ``(1) In general.--Subject to paragraph (2), the acquisition of the Projects shall be conditioned on a release from liability providing that all obligations and liabilities of the owner and the local industrial consumer to the United States arising from the Projects, based on ownership or on a license, permit, contract, or other authority (including Project removal and any ecosystem, fish and wildlife mitigation, and restoration obligations), shall, from the moment of title transfer, be deemed to have been satisfied. ``(2) Liability to indian tribes.--The United States may not assume or satisfy the liability, if any, of the owner or local industrial consumer to any federally recognized Indian tribe, nor shall any such liability be deemed satisfied without the consent of the Indian tribe. ``(c) Elwha Project.-- ``(1) Removal of dam.-- ``(A) In general.--After acquiring the Elwha Project, the Secretary as soon as practicable after sums are appropriated for the purpose, shall remove the Elwha dam. ``(B) Protection of water supply.-- ``(i) In general.--Before commencing removal of the Elwha dam or taking any steps to breach, bypass, or otherwise alter the water flow from the Elwha dam, the Secretary shall take all such actions as are necessary to ensure the continued availability, after removal of the dam, of the quantity and quality of water that is available, as of the date of enactment of this paragraph, to the city of Port Angeles, Washington, the Dry Creek Water Association, current (as of the date of enactment of this paragraph) and future industrial water users, and other current users of water from the Elwha River. ``(ii) Actions included.--The actions that the Secretary shall, subject to the availability of appropriations, take under clause (i) include-- ``(I) the design, construction, operation, and maintenance of new or improved water treatment or storage facilities; and ``(II) the mitigation of any injury to fisheries and remediation of any degradation in water quality that may result from the removal of or any other change in the water flow from the Elwha dam. ``(iii) Payment of costs.--The cost of each action taken under clause (i), subject to the availability of appropriations, shall be borne by the Secretary. ``(2) Evaluation of effect of removal.--During the removal phase of the Elwha dam, the Secretary shall make a thorough evaluation of the impact of removal of the dam on fish runs, and submit his findings to Congress. ``(3) Compensation for lost revenue.--After the acquisition of the Projects, the Secretary shall pay the Clallam County Board of Commissioners $150,000 per year for a period of 12 years, subject to the availability of annual appropriations, for the purposes of recovering lost revenue under the condition that the county dedicate at least 50 percent of each payment to studying the river system before, during, and after dam removal. ``(4) Prior efforts.--Efforts by the Secretary prior to enactment of this paragraph to evaluate the environmental impacts of dam removal are declared to meet and fully comply with any otherwise applicable provisions of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) and the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for purposes of removing the Elwha Dam as provided under this Act. ``(d) Glines Project.-- ``(1) Glines canyon dam operations.-- ``(A) In general.--Except as provided in paragraph (2), the Secretary shall continue operation of the Glines Canyon dam after the Elwha dam has been removed subject to the availability of funds for that purpose. ``(B) Engineering, design, and evaluation.--As soon as practicable after the date of enactment of this paragraph, the Secretary shall-- ``(i) complete an engineering and design study to determine the most cost-effective manner in which transmission lines and operational controls can be reconfigured to permit continued operation of the Glines Canyon dam as provided in subparagraph (A); and ``(ii) evaluate the impact that managing the Glines Canyon Project for fisheries restoration will have on future hydropower operations. ``(2) Fisheries restoration enhancement efforts.-- ``(A) Annual restoration work plan.--As soon as practicable after the date of enactment of this paragraph and each year thereafter, the Secretary shall, in consultation with the appropriate Federal, State, tribal, and local entities, develop an annual work plan that clearly defines all requirements necessary to achieve the ecosystem restoration objectives of this Act. The Secretary's annual work plan shall include, but is not limited to, specific details on engineering and environmental studies (including plans and specifications) for dam removal, water supply, reconfiguration of power, and river restoration measures. The work plan shall include a schedule of yearly activities, major milestones, and performance measurement criteria. ``(B) Independent scientific review panel.-- ``(i) The Secretary shall appoint an Independent Scientific Review Panel (Panel), which shall be comprised of eleven members, to review progress toward restoration of the Elwha River ecosystem and the contribution of removal of the Elwha River Dam toward restoration. Members shall be appointed from a list of no fewer than 20 scientists submitted by the National Academy of Sciences (Academy): Provided, That Pacific Northwest scientists with expertise in anadromous and non-anadromous fish and wildlife and ocean experts shall be among those represented on the Panel. If appointments are required in subsequent years, the Secretary shall request nominations from the Academy and the Academy shall provide nominations not later than 90 days after the date of this request. If the Academy does not provide nominations within 90 days of enactment of this Act, the Secretary may appoint such members as the Secretary deems appropriate. ``(ii) Conflict of interest and compensation.--Panel members may be compensated and shall be considered subject to the conflict of interest standards that apply to scientists performing comparable work for the National Academy of Sciences. All expenses of the Panel shall be paid by the Secretary as provided for under clause (vii). The Panel shall not be deemed an advisory committee within the meaning of the Federal Advisory Committee Act. ``(iii) Project criteria and review.--The Panel shall, in consultation with the Washington Department of Fish and Wildlife, the National Marine Fisheries Service, the Lower Elwha Klallam Indian Tribe and the Elwha Citizens' Advisory Committee, review the Secretary's annual work plan for Elwha Ecosystem Restoration and make recommendations on matters related to such work plan to the Secretary no later than June 15 of each year. If the Secretary does not receive the recommendations by this date, the Secretary may proceed to implement the work plan, relying on the best information available. The Panel shall base its recommendations on a determination that the work plan is based on sound science principles; benefit fish and wildlife; and have a clearly defined objective and outcome with provisions for monitoring and evaluation of results. In making its recommendations to the Secretary, the Panel shall determine whether the work plan employs cost-effective measures to achieve the objectives of this Act. The Panel, with assistance from the Washington Department of Fish and Wildlife, the National Marine Fisheries Service, the Lower Elwha Klallam Indian Tribe and the Elwha Citizens' Advisory Committee, shall review, on an annual basis, the results of prior year expenditures based upon these criteria and submit its findings to the Secretary for its review. ``(iv) Evaluation of elwha dam removal.-- Each year following removal of the Elwha Dam, the Panel shall, in consultation with the Washington Department of Fish and Wildlife, the National Marine Fisheries Service, the Lower Elwha Klallam Indian Tribe and the Elwha Citizens' Advisory Committee, evaluate the contribution of removal of the Elwha River Dam toward restoration of the Elwha River ecosystem. Based in its evaluation under this subparagraph, the Panel shall provide recommendations to the Secretary with regard to removal of the Glines Canyon Dam. ``(v) Public review.--Upon completion of the review of the Secretary's annual work plan and its evaluation of the removal of the Elwha Dam, the Panel shall submit recommendations on the work plan and removal of the Glines Canyon Dam to the Secretary. The Secretary shall make the Panel's findings available to the public and subject to public comment. ``(vi) Responsibilities of the secretary.-- ``(I) The Secretary shall fully consider the recommendations of the Panel when implementing the Secretary's annual work plan, and if the Secretary does not incorporate a recommendation of the Panel, the Secretary shall explain in writing its reasons for not accepting Panel recommendations. If the Secretary finds the recommendations inconsistent with this Act, he must notify the Panel, in writing, within 30 days of receiving their recommendations. The Secretary, after consideration of the recommendations of the Panel and other appropriate entities, shall be responsible for making the final recommendations to Congress for appropriations to implement the work plan. ``(II) The Secretary shall take steps to remove the Glines Canyon Dam after receiving a recommendation from the Panel to do so. ``(vii) Cost limitation.--The cost of this provision shall not exceed $1,000,000 in 1998 dollars. ``(viii) Expiration.--This paragraph shall expire 20 years after the date of the enactment of his paragraph.''. SEC. 2. CONTRACTING OUT PROVISIONS. The Secretary shall, to the fullest extent practicable, obtain by procurement from private sources all services necessary to execute the planning, engineering, design, and construction requirements necessary to comply with the provisions of this Act. SEC. 3. CONFORMING AMENDMENTS. The Elwha River Ecosystem and Fisheries Restoration Act (106 Stat. 3173) is amended-- (1) in section 4-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by striking ``Effective'' and all that follows through ``implement'' and inserting ``Effective 60 days after date of conveyance of the Projects, the Secretary shall, subject to the availability of appropriated funds, take such actions as are necessary to implement''; and (ii) in paragraph (1), by striking ``referred to in section 3(c)(2) for the removal of the dams and full;'' and inserting ``for the removal of the Elwha dam and''; and (B) in the first sentence of subsection (b), by striking ``referred to in section 3(c)(2)''; (2) in section 5(a), by striking ``as provided in section 3(e)''; (3) in section 6-- (A) in the first sentence of subsection (a), by striking ``makes the determination to remove the dams and''; and (B) in the first sentence of subsection (b)(1)-- (i) by striking ``makes the determination to remove the dams and''; and (ii) by inserting ``of the Elwha Project'' after ``removal''; and (4) in section 7(a)-- (A) by striking ``makes the determination to remove the dams and''; and (B) by inserting ``of the Elwha Project'' after ``removal''. SEC. 4. COLUMBIA-SNAKE RIVER HYDROELECTRIC SYSTEM PROTECTION. (a) In General.--Under no circumstances shall removal of dams on the Elwha River be considered a precedent of any kind for removal of dams on other rivers. (b) Congressional Authorization Required.--Except as otherwise provided in this Act, no dam, impoundment, or other facility on the Columbia River or Snake River or their tributaries that is owned or operated by an agency of the United States for flood control, hydroelectric power generation, irrigation, navigation, or other congressionally authorized purpose may be removed or significantly modified structurally, except for reasons of safety or necessary repairs, unless specifically approved by an authorization or appropriation by Congress.
Amends the Elwha River Ecosystem and Fisheries Restoration Act to direct the Secretary of the Interior, as soon as sums are appropriated, to acquire the Elwha and Glines Projects (Clallam County, Washington, hydroelectric power projects) for a purchase price of $29.5 million. Conditions such acquisition on a release of the owner and local industrial consumer from liability to the United States arising from such Projects. Prohibits the United States from assuming or satisfying the liability of such owner or consumer to any federally recognized Indian tribe. Directs the Secretary: (1) after acquiring the Elwha Project and as soon as sums are appropriated for such purpose, to remove the Elwha dam, taking necessary action to ensure the continued availability of current water quality and quantity to specified areas and users; (2) during the removal phase, to thoroughly evaluate the removal's impact on fish runs and submit findings to the Congress; and (3) subject to appropriations, to pay specified compensation for a period of 12 years to the Clallam County Board of Commissioners for revenues lost due to such removal (with a specified condition). Directs the Secretary to continue operation of the Glines Canyon dam after the Elwha dam has been removed, subject to appropriations. Requires the Secretary to: (1) complete a Glines Canyon engineering and design study concerning the reconfiguration of transmission lines and dam operational controls; and (2) evaluate the impact that managing such Project for fisheries restoration will have on future hydropower operations. Directs the Secretary to: (1) develop an annual work plan that defines all requirements necessary to achieve the ecosystem restoration objectives of the Act; and (2) appoint an Independent Scientific Review Panel to review progress toward restoration of the Elwha River ecosystem and the contribution of removal of the dam toward restoration. Requires the Panel to make recommendations to the Secretary on the work plan and removal of the Glines Canyon dam. Directs the Secretary to take steps to remove the Glines Canyon dam after receiving a Panel recommendation to do so. Prohibits, except as otherwise provided in this Act and for safety or necessary repairs, the removal or significant modification of any U.S.-owned or -operated dam or other facility on the Columbia or Snake Rivers without specific congressional approval.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``School-Based Health Clinic Act of 2007''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds as follows: (1) Nearly 8,700,000 children in the United States have no health insurance, including an increase of over 600,000 in the past year. (2) The American Medical Association rates adolescents aged 13 to 18 as the group of Americans with the poorest health indicators. (3) More than 70 percent of children who need psychiatric treatment do not receive services. (4) School-based health centers are located in over 1,700 schools in 43 States, the District of Columbia, and Puerto Rico. (5) School-based health centers ensure access to health care by providing care regardless of a child's ability to pay. (6) Forty-five percent of children and adolescents treated at school-based health centers have no insurance. (7) Forty-four percent of children and adolescents treated at school-based health centers are enrolled in Medicaid, SCHIP, or other public coverage. (8) School-based health centers promote access to providers for many children and adolescents who otherwise would have difficulty seeing a provider. (9) School-based health centers effectively provide primary, preventative, and mental health services to children and adolescents. (10) School-based health centers effectively utilize resources by often leveraging State and local government funds, private contributions, and Medicaid, SCHIP, and private insurance payments. (11) For school-based health centers' target demographic (students with public insurance or who are uninsured), data show that school-based health centers decrease school absences. (12) School-based health centers identify students at risk for health and behavioral problems, thus reducing obstacles to the learning process. (13) School-based health centers administer medication to students with chronic illness, which reduces absences as well as disciplinary action for students with behavioral health problems. (14) Empirical analyses show that school-based health centers reduce Medicaid costs by providing cost-effective and timely care. (15) School-based health centers encourage parental involvement to increase family participation in school- and education-oriented activities. (b) Purpose.--The purpose of this Act is to fund the development and operation of school-based health clinics-- (1) to provide comprehensive and accessible primary health care services to medically underserved children, youth, and families; (2) to improve the physical health, emotional well-being, and academic performance of medically underserved children, youth, and families; and (3) to work in collaboration with the school to integrate health into the overall school environment. SEC. 3. SCHOOL-BASED HEALTH CLINICS. Part Q of title III of the Public Health Service Act (42 U.S.C. 280h et seq.) is amended by adding at the end the following: ``SEC. 399Z-1. SCHOOL-BASED HEALTH CLINICS. ``(a) Definitions; Establishment of Criteria.--In this section: ``(1) Community.--The term `community' includes parents, consumers, local leaders, and organizations. ``(2) Comprehensive primary health services.--The term `comprehensive primary health services' means the core services offered by school-based health clinics, which-- ``(A) shall include physical health services and mental health services; and ``(B) may include optional health services such as nutrition, oral health, health education, and case management services. ``(3) Mental health services.--The term `mental health services' means mental health assessments, crisis intervention, counseling, treatment, and referral to a continuum of services including emergency psychiatric care, community support programs, inpatient care, and outpatient programs. ``(4) Physical health services.--The term `physical health services' means comprehensive health assessments; diagnosis and treatment of minor, acute, and chronic medical conditions; and referrals to, and follow-up for, specialty care. ``(5) School-based health clinic.--The term `school-based health clinic' means a health clinic that-- ``(A) is located on school property; ``(B) is organized through school, community, and health provider relationships; ``(C) is administered by a sponsoring facility; and ``(D) provides, at a minimum, comprehensive primary health services during school hours to children and adolescents by health professionals in accordance with State and local laws and regulations, established standards, and community practice. ``(6) Sponsoring facility.--The term `sponsoring facility' is a community-based organization, which may include-- ``(A) a hospital; ``(B) a public health department; ``(C) a community health center; ``(D) a nonprofit health care agency; ``(E) a school or school system; and ``(F) a program administered by the Indian Health Service or the Bureau of Indian Affairs or operated by an Indian tribe or a tribal organization under the Indian Self-Determination and Education Assistance Act, a Native Hawaiian entity, or an urban Indian program under title V of the Indian Health Care Improvement Act. ``(b) Authority To Award Grants.--The Secretary shall award grants for the costs of the operation of school-based health clinics that meet the requirements of this section. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be a school-based health clinic; and ``(2) submit to the Secretary an application at such time and in such manner as the Secretary may require containing-- ``(A) evidence that the applicant meets all criteria necessary to be designated as a school-based health clinic; ``(B) evidence of local need for the services to be provided by the clinic; ``(C) an assurance that-- ``(i) school-based health clinic services will be provided to those children and adolescents for whom parental or guardian consent has been obtained in cooperation with Federal, State, and local laws governing health care services provision to children and adolescents; ``(ii) the clinic has made and will continue to make every reasonable effort to establish and maintain collaborative relationships with other health care providers in the catchment area of the clinic; ``(iii) the clinic will provide on-site access during the academic day when school is in session and 24-hour coverage through an on- call system and through its backup health providers to ensure access to services on a year-round basis when the clinic is closed; ``(iv) the clinic will be integrated into the school environment and will coordinate health services with school personnel, such as administrators, teachers, nurses, counselors, and support personnel, as well as with other community providers co-located at the school; and ``(v) the clinic sponsoring facility assumes all responsibility for the clinic's administration, operations, and oversight; and ``(D) such other information as the Secretary may require. ``(d) Preferences.--In reviewing applications under this section, the Secretary may give preference to applicants who demonstrate an ability to serve the following: ``(1) Communities with evidence of barriers to primary health care and mental health services for children and adolescents. ``(2) Communities that have consistently scored poorly on child and adolescent standardized health indicator reports. ``(3) Communities with high percentages of children and adolescents who are uninsured, underinsured, or enrolled in public health insurance programs. ``(4) Populations of children and adolescents that have demonstrated difficulty historically in accessing physical and mental health services. ``(e) Waiver of Requirements.--The Secretary may, under appropriate circumstances, waive the application of all or part of the requirements of this section with respect to a school-based health clinic for a designated period of time to be determined by the Secretary. ``(f) Use of Funds.-- ``(1) Funds.--Funds awarded under a grant under this section may be used for-- ``(A) acquiring and leasing buildings and equipment (including the costs of amortizing the principle of, and paying interest on, loans for such buildings and equipment); ``(B) providing training related to the provision of comprehensive primary health services and additional health services; ``(C) managing a school-based health clinic; ``(D) paying the salaries of physicians and other personnel; and ``(E) purchasing medical supplies, medical equipment, office supplies, and office equipment. ``(2) Amount.--The amount of any grant made under this section in any fiscal year to a school-based health clinic shall be determined by the Secretary, taking into account-- ``(A) the financial need of the clinic; ``(B) State, local, or other operation funding provided to the clinic; and ``(C) other factors as determined appropriate by the Secretary. ``(g) Technical Assistance.--The Secretary shall establish a program through which the Secretary provides (either through the Department of Health and Human Services or by grant or contract) technical and other assistance to school-based health clinics to assist such clinics to meet the requirements of subsection (c)(2)(C). Services provided through the program may include necessary technical and nonfinancial assistance, including fiscal and program management assistance, training in fiscal and program management, operational and administrative support, and the provision of information to the entities of the variety of resources available under this title and how those resources can be best used to meet the health needs of the communities served by the entities. ``(h) Evaluation.--The Secretary shall develop and implement a plan for evaluating school-based health clinics receiving funds under this section and monitoring the quality of their performance. ``(i) Authorization of Appropriations.--For purposes of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 2009, $55,000,000 for fiscal year 2010, $60,500,000 for fiscal year 2011, $66,550,000 for fiscal year 2012, and $73,200,000 for fiscal year 2013.''.
School-Based Health Clinic Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants for the cost of operating school-based health clinics to provide comprehensive primary health services (which include physical and mental health services, and which may include optional services such as nutrition, oral health, health education, and case management services) during school hours to children and adolescents by health professionals. Requires such clinics to: (1) provide services to children and adolescents for whom parental or guardian consent has been obtained; (2) provide on-site access during the academic day when school is in session and 24-hour coverage through an on-call system and backup health providers to ensure access to services on a year-round basis. Allows the Secretary to give preference to applicants who demonstrate an ability to serve: (1) communities with evidence of barriers to primary health care and mental health services for children and adolescents; (2) communities that have consistently scored poorly on child and adolescent standardized health indicator reports; (3) communities with high percentages of children and adolescents who are uninsured, underinsured, or enrolled in public health insurance programs; and (4) populations of children and adolescents that have demonstrated difficulty historically in accessing health and mental health services. Requires the Secretary to: (1) establish a program to provide technical and other assistance to clinics; and (2) implement a plan for evaluating clinics and monitoring the quality of their performance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Forest Restoration Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) A century of fire suppression, logging, and livestock grazing has altered the ecological balance of New Mexico's forests. (2) Some forest lands in New Mexico contain an unnaturally high number of small diameter trees that are subject to large, high intensity wildfires that can endanger human lives, livelihoods, and ecological stability. (3) Forest lands that contain an unnaturally high number of small diameter trees have reduced biodiversity and provide fewer benefits to human communities, wildlife, and watersheds. (4) Healthy and productive watersheds minimize the threat of large, high intensity wildfires, provide abundant and diverse wildlife habitat, and produce a variety of timber and non-timber products including better quality water and increased water flows. (5) Restoration efforts are more successful when there is involvement from neighboring communities and better stewardship will evolve from more diverse involvement. (6) Designing demonstration restoration projects through a collaborative approach may-- (A) lead to the development of cost effective restoration activities; (B) empower diverse organizations to implement activities which value local and traditional knowledge; (C) build ownership and civic pride; and (D) ensure healthy, diverse, and productive forests and watersheds. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to promote healthy watersheds and reduce the threat of large, high intensity wildfires, insect infestation, and disease in the forests in New Mexico; (2) to improve the functioning of forest ecosystems and enhance plant and wildlife biodiversity by reducing the unnaturally high number and density of small diameter trees on Federal, Tribal, State, County, and Municipal forest lands; (3) to improve communication and joint problem solving among individuals and groups who are interested in restoring the diversity and productivity of forested watersheds in New Mexico; (4) to improve the use of, or add value to, small diameter trees; (5) to encourage sustainable communities and sustainable forests through collaborative partnerships, whose objectives are forest restoration; and (6) to develop, demonstrate, and evaluate ecologically sound forest restoration techniques. SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``Secretary'' means the Secretary of Agriculture acting through the Chief of the Forest Service; and (2) the term ``stakeholder'' includes: tribal governments, educational institutions, landowners, and other interested public and private entities. SEC. 5. ESTABLISHMENT OF PROGRAM. (a) The Secretary shall establish a cooperative forest restoration program in New Mexico in order to provide cost-share grants to stakeholders for experimental forest restoration projects that are designed through a collaborative process (hereinafter referred to as the ``Collaborative Forest Restoration Program''). The projects may be entirely on, or on any combination of, Federal, Tribal, State, County, or Municipal forest lands. The Federal share of an individual project cost shall not exceed eighty percent of the total cost. The twenty percent matching may be in the form of cash or in-kind contribution. (b) Eligibility Requirements.--To be eligible to receive funding under this Act, a project shall-- (1) address the following objectives-- (A) reduce the threat of large, high intensity wildfires and the negative effects of excessive competition between trees by restoring ecosystem functions, structures, and species composition, including the reduction of non-native species populations; (B) re-establish fire regimes approximating those that shaped forest ecosystems prior to fire suppression; (C) preserve old and large trees; (D) replant trees in deforested areas if they exist in the proposed project area; and (E) improve the use of, or add value to, small diameter trees; (2) comply with all Federal and State environmental laws; (3) include a diverse and balanced group of stakeholders as well as appropriate Federal, Tribal, State, County, and Municipal government representatives in the design, implementation, and monitoring of the project; (4) incorporate current scientific forest restoration information; and (5) include a multi-party assessment to-- (A) identify both the existing ecological condition of the proposed project area and the desired future condition; and (B) report, upon project completion, on the positive or negative impact and effectiveness of the project including improvements in local management skills and on the ground results; (6) create local employment or training opportunities within the context of accomplishing restoration objectives, that are consistent with the purposes of this Act, including summer youth jobs programs such as the Youth Conservation Corps where appropriate; (7) not exceed four years in length; (8) not exceed a total annual cost of $150,000, with the Federal portion not exceeding $120,000 annually, nor exceed a total cost of $450,000 for the project, with the Federal portion of the total cost not exceeding $360,000; (9) leverage Federal funding through in-kind or matching contributions; and (10) include an agreement by each stakeholder to attend an annual workshop with other stakeholders for the purpose of discussing the cooperative forest restoration program and projects implemented under this Act. The Secretary shall coordinate and fund the annual workshop. Stakeholders may use funding for projects authorized under this Act to pay for their travel and per diem expenses to attend the workshop. SEC. 6. SELECTION PROCESS. (a) After consulting with the technical advisory panel established in subsection (b), the Secretary shall select the proposals that will receive funding through the Collaborative Forest Restoration Program. (b) The Secretary shall convene a technical advisory panel to evaluate the proposals for forest restoration grants and provide recommendations regarding which proposals would best meet the objectives of the Collaborative Forest Restoration Program. The technical advisory panel shall consider eligibility criteria established in section 5, the effect on long term management, and seek to use a consensus-based decision making process to develop such recommendations. The panel shall be composed of 12 to 15 members, to be appointed by the Secretary as follows: (1) A State Natural Resource official from the State of New Mexico. (2) At least two representatives from Federal land management agencies. (3) At least one tribal or pueblo representative. (4) At least two independent scientists with experience in forest ecosystem restoration. (5) Equal representation from-- (A) conservation interests; (B) local communities; and (C) commodity interests. SEC. 7. MONITORING AND EVALUATON. The Secretary shall establish a multi-party monitoring and evaluation process in order to assess the cumulative accomplishments or adverse impacts of the Collaborative Forest Restoration Program. The Secretary shall include any interested individual or organization in the monitoring and evaluation process. The Secretary also shall conduct a monitoring program to assess the short and long term ecological effects of the restoration treatments, if any, or a minimum of 15 years. SEC. 8. REPORT. No later than five years after the first fiscal year in which funding is made available for this program, the Secretary shall submit a report to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives. The report shall include an assessment on whether, and to what extent, the projects funded pursuant to this Act are meeting the purposes of the Collaborative Forest Restoration Program. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $5,000,000 annually to carry out this Act. Passed the Senate November 19, 1999. Attest: GARY SISCO, Secretary.
Community Forest Restoration Act - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to establish a cooperative forest restoration program in New Mexico to provide cost-share grants to stakeholders for experimental forest restoration projects to be designed through a collaborative process (Collaborative Forest Restoration Program). Requires a project to address specified objectives, including: (1) wildfire threat reduction; (2) ecosystem restoration, including non-native tree species reduction; (3) reestablishment of historic fire regimes; (3) reforestation, including preservation of old trees; (4) small diameter tree use enhancement; (5) creation of forest- related local employment; and (6) stakeholder diversity. Limits projects to four years. Sets forth provisions respecting: (1) collaborative project selection; (2) monitoring and evaluation; (3) reporting; and (4) cost limits. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonel Charles Young Home National Historical Site Study Act''. SEC. 2. STUDY AND REPORT ON THE COLONEL CHARLES YOUNG HOME AND ASSOCIATED LOCATIONS AND ENTITIES. (a) Study.-- (1) In general.--The Secretary of the Interior, in consultation with the Secretary of the Army, shall conduct a study of the study area, as defined in section 4(2), to assess its national significance and the suitability and feasibility of including it as a unit of the National Park System. (2) Requirements of study.--In conducting the study, the Secretary shall-- (A) comply with section 8(c) of the National Park System General Authorities Act (16 U.S.C. 1a-5(c)); (B) consult with interested Federal, State, tribal, and local officials, representatives of civic organizations, and members of the public; (C) consider in the evaluation conducted pursuant to section 8(c)(3)(B) of such Act (16 U.S.C. 1a- 5(c)(3)(B)), in consultation with the Secretary of the Army, an affiliation of the study area with the National Museum of the United States Army, the Buffalo Soldiers National Museum, or other entities associated with Colonel Charles Young, as determined by the Secretary of the Interior, in order to focus on the life of Colonel Charles Young and the African-American military experience; (D) investigate the historical relationship of the Colonel Charles Young Home with the Underground Railroad by methods including-- (i) consideration of available historical documentation; and (ii) completion of architectural and archeological investigations of the Colonel Charles Young Home; and (E) consider research in existence on the date of the enactment of this Act, as well as original research conducted as a part of the study authorized by this subsection, on the historical significance and feasibility of preserving and interpreting the study area. (b) Report.--Notwithstanding section 8(c)(1) of the National Park System General Authorities Act (16 U.S.C. 1a-5(c)(1)), within 2 complete fiscal years after the date on which funds are made available to carry out the study required by subsection (a) of this section, the Secretary shall submit to Congress a report that describes the findings of the study and the conclusions and recommendations of the Secretary relating to-- (1) the inclusion of the study area as a unit of the National Park System; and (2) if the Secretary concludes that the study area meets the criteria for inclusion, the affiliation of the new unit of the National Park System with the entities referred to in subsection (a)(2)(C). SEC. 3. INCLUSION OF THE COLONEL CHARLES YOUNG HOME AND ASSOCIATED LOCATIONS AS A UNIT OF THE NATIONAL PARK SYSTEM AND AFFILIATION OF ASSOCIATED ENTITIES WITH SUCH UNIT. (a) Inclusion.--If the Secretary concludes in the report required by section 2(b) that the study area meets the criteria for inclusion as a unit of the National Park System-- (1) the study area shall be included as a unit of the National Park System; and (2) not later than 30 days after such inclusion, the Secretary shall publish in the Federal Register a notice that the study area has been included as a unit of the National Park System. (b) Affiliation.--If the study area is included as a unit of the National Park System under subsection (a) and the Secretary recommends in the report required by section 2(b) an affiliation of such unit with the entities referred to in section 2(a)(2)(C), the Secretary may take the action necessary to implement such an affiliation. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Secretary.--Unless otherwise indicated, the term ``Secretary'' means the Secretary of the Interior. (2) Study area.--The term ``study area'' means the following: (A) The colonel charles young home.--The Colonel Charles Young Home, a National Historic Landmark located in Xenia, Ohio. (B) The united states cavalry museum.--The United States Cavalry Museum located at Fort Riley, Kansas. (C) The frontier army museum.--The Frontier Army Museum located at Fort Leavenworth, Kansas. (D) The fort huachuca historical museum.--The Fort Huachuca Historical Museum located at Fort Huachuca, Arizona. (E) The presidio army museum.--The Presidio Army Museum located in San Francisco, California. (F) Other associated locations.--Any other location associated with Colonel Charles Young, as determined by the Secretary.
Colonel Charles Young Home National Historical Site Study Act - Directs the Secretary of the Interior, in consultation with the Secretary of the Army, to conduct a study of the Colonel Charles Young Home, a National Historic Landmark in Xenia, Ohio, and associated locations and museums (the study area) to assess its national significance and the suitability and feasibility of including it as a unit of the National Park System. Requires the Secretary, if the study area meets the criteria for inclusion, to include it as a unit of the System. Provides for: (1) the consideration of an affiliation of the study area with the National Museum of the United States Army, the Buffalo Soldiers National Museum, or other entities associated with Colonel Charles Young in order to focus on his life and the African-American military experience; and (2) an investigation of the historical relationship of the Colonel Charles Young Home with the Underground Railroad.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Law Enforcement Assistance Act of 1999''. SEC. 2. FUNDING TO NATIONAL CENTER FOR RURAL LAW ENFORCEMENT. (a) Funding Authority.--The Attorney General shall provide funds, subject to appropriations, to the National Center for Rural Law Enforcement if the Executive Director of the Center certifies, in writing, to the Attorney General that the Center-- (1) is incorporated in accordance with applicable State laws; (2) is in compliance with the by-laws of the Center; (3) shall use amounts made available under this section in accordance with subsection (b); and (4) shall not support any political party or candidate for elected or appointed office. (b) Uses of Funds.-- (1) Required uses of funds.--The Center shall use funds made available under this section to develop an educational program for employees of law enforcement agencies serving rural areas which shall include-- (A) the development and delivery of management education and training, technical assistance, practical research and evaluation, and computer and forensic education and training for employees of law enforcement agencies serving rural areas, tribal law enforcement employees and railroad law enforcement employees, including supervisory and executive managers of those agencies; (B) conducting research into the causes and prevention of criminal activity in rural areas, including the causes, assessment, evaluation, analysis, and prevention of criminal activity; (C) the development and dissemination of information designed to assist States and units of local government in rural areas throughout the United States; (D) the establishment and maintenance of a resource and information center for the collection, preparation, and dissemination of information regarding criminal justice and law enforcement in rural areas, including programs for the prevention of crime and recidivism; and (E) the delivery of assistance, in a consulting capacity, to criminal justice agencies in the development, establishment, maintenance, and coordination of programs, facilities and services, training, and research relating to crime in rural areas. (2) Permissive uses of funds.--The Center may use funds made available under this section to enhance the educational program developed under paragraph (1), through-- (A) educational opportunities for rural law enforcement agencies; (B) the development, promotion, and voluntary adoption of educational and training standards and accreditation certification programs for law enforcement agencies serving rural areas and the employees of those agencies; (C) grants to, and contracts with, State, and local governments, law enforcement agencies, public and private agencies, educational institutions, and other organizations and individuals to carry out this paragraph; (D) the formulation and recommendation of law enforcement policy, goals, and standards in rural areas applicable to criminal justice agencies, organizations, institutions, and personnel; and (E) coordination with institutions of higher education for the purpose of encouraging programs of study for law enforcement in rural areas at such institutions. (c) Powers.--In carrying out subsection (b), the Executive Director may-- (1) request the head of any Federal department or agency to detail, on a reimbursable basis, any of the personnel of that department or agency to the Center to assist it in carrying out its duties under this Act; (2) request the Administrator of the General Services Administration to provide the Center, on a reimbursable basis, the administrative support services necessary for the Center to carry out its responsibilities under this Act; and (3) procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates of compensation established by the Board, but not to exceed the daily equivalent of the maximum rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Travel Expenses.--For purposes of official travel, expenses shall be reimbursed, including per diem in lieu of subsistence, in the same manner as such expenses are permitted under sections 5702 and 5703 of title 5, United States Code. (e) Reporting Requirements.--The Center shall submit an annual report to the Attorney General that includes-- (1) a description of the education and training program conducted by the Center; (2) the number and demographic representation of individuals who attended programs sponsored by the Center; (3) a description of the extent resources of other governmental agencies or private entities were used; and (5) a description of the extent contracts with other public and private resources were used. (f) Definitions.--For purposes of this Act: (1) The term ``Board'' means the members of the Board of the Center as elected according to its bylaws. (2) The term ``Center'' means the National Center for Rural Law Enforcement, a nonprofit corporation located in Little Rock, Arkansas. (3) The term ``Executive Director'' means the Executive Director of the Center as appointed according to the bylaws of the Center. (4) The term ``metropolitan statistical area'' has the same meaning given such term by the Bureau of the Census. (5) The term ``rural law enforcement agency'' means a law enforcement agency that serves a city, town, township, borough, or village outside a metropolitan statistical area. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $22,000,000 for fiscal year 2000; and (2) such sums as may be necessary for each of fiscal years 2001 through 2005.
Rural Law Enforcement Assistance Act of 1999 - Directs the Attorney General to provide funds to the National Center for Rural Law Enforcement if the Center's Executive Director certifies in writing that the Center: (1) is incorporated in accordance with applicable State laws; (2) is in compliance with its by-laws; (3) shall use amounts made available in accordance with requirements of this Act; and (4) shall not support any political party or candidate for elected or appointed office. Requires the Center to use such funds to develop an educational program for employees of law enforcement agencies serving rural areas for specified purposes, including: (1) the development and delivery of management education and training for employees of law enforcement agencies serving rural areas; and (2) the delivery of assistance (in a consulting capacity) to criminal justice agencies in the development and coordination of programs, training, and research relating to crime in rural areas. Permits the Center to use such funds to enhance that educational program through specified means, including: (1) educational opportunities for rural law enforcement agencies; and (2) coordination with institutions of higher education to encourage programs of study for law enforcement in rural areas at such institutions. Sets forth reporting requirements. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Mountain National Forest Land Adjustment Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Bromley.--The term ``Bromley'' means Bromley Mountain Ski Resort, Inc. (2) Map.--The term ``map'' means the map entitled ``Proposed Bromley Land Sale or Exchange'' and dated April 7, 2004. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (4) State.--The term ``State'' means the State of Vermont. SEC. 3. SALE OR EXCHANGE OF GREEN MOUNTAIN NATIONAL FOREST LAND. (a) In General.--The Secretary may, under any terms and conditions that the Secretary may prescribe, sell or exchange any right, title, and interest of the United States in and to the parcels of National Forest System land described in subsection (b). (b) Description of Land.--The parcels of National Forest System land referred to in subsection (a) are the 5 parcels of land in Bennington County in the State, as generally depicted on the map. (c) Map and Legal Descriptions.-- (1) In general.--The map shall be on file and available for public inspection in-- (A) the office of the Chief of the Forest Service; and (B) the office of the Supervisor of the Green Mountain National Forest. (2) Modifications.--The Secretary may modify the map and legal descriptions to-- (A) correct technical errors; or (B) facilitate the conveyance under subsection (a). (d) Consideration.--Consideration for the sale or exchange of land described in subsection (b)-- (1) shall be equal to an amount that is not less than the fair market value of the land sold or exchanged; and (2) may be in the form of cash, land, or a combination of cash and land. (e) Appraisals.--Any appraisal carried out to facilitate the sale or exchange of land under subsection (a) shall conform with the Uniform Appraisal Standards for Federal Land Acquisitions. (f) Methods of Sale.-- (1) Conveyance to bromley.-- (A) In general.--Before soliciting offers under paragraph (2), the Secretary shall offer to convey to Bromley the land described in subsection (b). (B) Contract deadline.--If Bromley accepts the offer under subparagraph (A), the Secretary and Bromley shall have not more than 180 days after the date on which any environmental analyses with respect to the land are completed to enter into a contract for the sale or exchange of the land. (2) Public or private sale.--If the Secretary and Bromley do not enter into a contract for the sale or exchange of the land by the date specified in paragraph (1)(B), the Secretary may sell or exchange the land at public or private sale (including auction), in accordance with such terms, conditions, and procedures as the Secretary determines to be in the public interest. (3) Rejection of offers.--The Secretary may reject any offer received under this subsection if the Secretary determines that the offer is not adequate or is not in the public interest. (4) Brokers.--In any sale or exchange of land under this section, the Secretary may-- (A) use a real estate broker or other third party; and (B) pay the real estate broker or third party a commission in an amount comparable to the amounts of commission generally paid for real estate transactions in the area. (g) Cash Equalization.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any Federal land exchanged under this Act. SEC. 4. DISPOSITION OF PROCEEDS. (a) In General.--The Secretary shall deposit the net proceeds from a sale or exchange under this Act in the fund established under Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act''). (b) Use.--Amounts deposited under subsection (a) shall be available to the Secretary until expended, without further appropriation, for-- (1) the location and relocation of the Appalachian National Scenic Trail and the Long National Recreation Trail in the State; (2) the acquisition of land and interests in land by the Secretary for National Forest System purposes within the boundary of the Green Mountain National Forest, including land for and adjacent to the Appalachian National Scenic Trail and the Long National Recreation Trail; (3) the acquisition of wetland or an interest in wetland within the boundary of the Green Mountain National Forest to offset the loss of wetland from the parcels sold or exchanged; and (4) the payment of direct administrative costs incurred in carrying out this Act. (c) Limitation.--Amounts deposited under subsection (a) shall not-- (1) be paid or distributed to the State or counties or towns in the State under any provision of law; or (2) be considered to be money received from units of the National Forest System for purposes of-- (A) the Act of May 23, 1908 (16 U.S.C. 500); or (B) the Act of March 4, 1913 (16 U.S.C. 501). (d) Prohibition of Transfer or Reprogramming.--Amounts deposited under subsection (a) shall not be subject to transfer or reprogramming for wildfire management or any other emergency purposes. SEC. 5. ACQUISITION OF LAND. The Secretary may acquire, using funds made available under section 4 or otherwise made available for acquisition, land or an interest in land for National Forest System purposes within the boundary of the Green Mountain National Forest. SEC. 6. EXEMPTION FROM CERTAIN LAWS. The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) shall not apply to any sale or exchange of National Forest System lands under this Act.
Green Mountain National Forest Land Adjustment Act of 2004 - Authorizes the Secretary of Agriculture to sell or exchange any right, title, and interest of the United States in and to five specified parcels of National Forest System land in Vermont. Directs the Secretary to offer to convey such land to Bromley Mountain Ski Resort, Inc. Makes sale proceeds available for: (1) the location and relocation of the Appalachian National Scenic Trail and the Long National Recreation Trail in Vermont; (2) the acquisition of land for National Forest System purposes within the boundary of Green Mountain National Forest; (3) the acquisition of wetland within the boundary of the Forest to offset the loss of wetland from the parcels sold or exchanged; and (4) the payment of direct administrative costs incurred in carrying out this Act. Allows the Secretary, using funds made available as described above or otherwise made available for acquisition, to acquire land or an interest in land for National Forest System purposes within the boundary of the Forest.
{"src": "billsum_train", "title": "A bill to authorize the Secretary of Agriculture to sell or exchange certain National Forest System land in the State of Vermont."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Rogue Wild and Scenic Rivers Act of 2008''. SEC. 2. ROGUE RIVER ADDITIONS. (a) In General.--Section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) is amended-- (1) by striking ``The segment'' and inserting the following: ``(A) In general.--The segment''; and (2) by adding at the end the following: ``(B) Additional areas.--In addition to the segment described in subparagraph (A), the following segments of the Rogue River, Oregon, to be administered in the following classifications: ``(i) Kelsey creek.-- ``(I) The 2.2-mile segment of Kelsey Creek from the headwaters of the Creek to the eastern section line of 32S 8W sec. 30 as a recreational river. ``(II) The 7.1-mile segment of Kelsey Creek from the eastern section line of 32S 8W sec. 30 to the confluence with the Rogue River as a wild river. ``(ii) East fork kelsey creek.-- ``(I) The 0.1-mile segment of East Fork Kelsey Creek from the headwaters of the Creek to 0.1 miles downstream of road 32-7-19.3 as a scenic river. ``(II) The 4.7-mile segment of East Fork Kelsey Creek downstream from 0.1 miles downstream of road 32-7-19.3 to the confluence with Kelsey Creek as a wild river. ``(iii) Whisky creek.-- ``(I) The 0.6-mile segment of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33-8-23 as a recreational river. ``(II) The 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River as a wild river. ``(iv) East fork whisky creek.-- ``(I) The 0.1-mile segment of East Fork Whisky Creek from the headwaters of the Creek to 0.1 miles downstream of road 34-8-1 as a scenic river. ``(II) The 3.7-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road 34-8-1 to the confluence with Whisky Creek as a wild river. ``(v) West fork whisky creek.--The 4.8-mile segment of West Fork Whisky Creek from the headwaters of the Creek to the confluence of the Rogue River as a wild river. ``(vi) Big windy creek.-- ``(I) The 1.5-mile segment of Big Windy Creek from the headwaters of the Creek to 0.1 miles downstream from road 34-9-17.1 as a scenic river. ``(II) The 5.8-mile segment of Big Windy Creek from 0.1 miles downstream from road 34-9- 17.1 to the confluence with the Rogue River as a wild river. ``(vii) East fork big windy creek.-- ``(I) The 0.2-mile segment of East Fork Big Windy Creek from the headwaters of the Creek to 0.1 miles downstream from road 34-8-36 as a scenic river. ``(II) The 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek as a wild river. ``(viii) Little windy creek.-- ``(I) The 1.1-mile segment of Little Windy Creek from the headwaters of the Creek to 0.1 miles downstream of road 34-8-36 as a scenic river. ``(II) The 1.9-mile segment of Little Windy Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River as a wild river. ``(ix) Howard creek.-- ``(I) The 0.3-mile segment of Howard Creek from the headwaters of the Creek to 0.1 miles downstream of road 34-9-34 as a scenic river. ``(II) The 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River as a wild river. ``(x) Mule creek.-- ``(I) The 0.2-mile segment of Mule Creek from the headwaters of the Creek to 0.1 miles downstream from road 32-9-15.1 as a scenic river. ``(II) The 11.2-mile segment of Mule Creek from 0.1 miles downstream from road 32-9-15.1 to the confluence with the Rogue River as a wild river. ``(xi) Grave creek.-- ``(I) The 1.6-mile segment of Grave Creek from the confluence of Wolf Creek downstream as a scenic river. ``(II) The 8.2-mile segment of Grave Creek from 1.6 miles downstream of the confluence of Wolf Creek to the confluence with the Rogue River as a recreational river. ``(xii) Anna creek.--The 3.5-mile segment of Anna Creek from the headwaters of Anna Creek to the confluence with Howard Creek as a wild river. ``(xiii) Missouri creek.-- ``(I) The 2.6-mile segment of Missouri Creek from the headwaters of the Creek to the north section line of 33S 10W sec. 25 as a scenic river. ``(II) The 2.2-mile segment of Missouri Creek from the north section line of 33S 10W sec. 25 to the confluence with the Rogue River as a wild river. ``(xiv) Jenny creek.-- ``(I) The 0.3-mile segment of Jenny Creek from the headwaters of the Creek to 0.1 miles downstream from road 34-9-7 as a scenic river. ``(II) The 4.6-mile segment of Jenny Creek from 0.1 miles downstream from road 34-9-7 to the confluence with the Rogue River as a wild river. ``(xv) Rum creek.-- ``(I) The 2-mile segment of Rum Creek from the headwaters of the Creek to 0.1 miles downstream from road 34-8-34 as a scenic river. ``(II) The 2.4-mile segment of Rum Creek from 0.1 miles downstream from road 34-8-34 to the confluence with the Rogue River as a wild river. ``(xvi) East fork rum creek.-- ``(I) The 0.5-mile segment of East Rum Creek from the headwaters to 0.1 miles downstream of road 34-8-10.1 as a scenic river. ``(II) The 1.5-mile segment of East Rum Creek from 0.1 miles downstream of road 34-8- 10.1 to the confluence with Rum Creek as a wild river. ``(xvii) Wildcat creek.--The 1.7-mile segment of Wildcat Creek from the headwaters of the Creek downstream to the confluence with the Rogue River as a wild river. ``(xviii) Montgomery creek.--The 1.8-mile segment of Montgomery Creek from the headwaters of the Creek downstream to the confluence with the Rogue River as a wild river. ``(xix) Quartz creek.-- ``(I) The 0.5-mile segment of Quartz Creek from its headwaters to 0.1 miles downstream from road 35-9-1.2 as a recreational river. ``(II) The 2.8-mile segment from 0.1 miles downstream from road 35-9-1.2 to the confluence of the North Fork Galice Creek as a scenic river. ``(xx) Hewitt creek.-- ``(I) The 1.3-mile segment of Hewitt Creek from the headwaters of the Creek to 0.1 miles downstream of road 33-9-21 as a scenic river. ``(II) The 1.3-mile segment of Hewitt Creek from 0.1 miles downstream of road 33-9-21 to the confluence with the Rogue River as a wild river. ``(xxi) Bunker creek.--The 6.6-mile segment of Bunker Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxii) Dulog creek.-- ``(I) The 0.8-mile segment of Dulog Creek from the headwaters of the Creek to 0.1 miles downstream of road 34-8-36 as a scenic river. ``(II) The 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River as a wild river. ``(xxiii) Galice creek.--The 2.2-mile segment of Galice Creek from the confluence with the North and South Forks of Galice Creek to the confluence with the Rogue River as a recreational river. ``(xxiv) North fork galice creek.-- ``(I) The 1.2-mile segment of North Fork Galice Creek from the headwaters of the Creek to 0.1 miles upstream of road 34-8-36 as a scenic river. ``(II) The 4.5-mile segment of North Fork Galice Creek from 0.1 miles upstream of road 34-8-36 to the confluence with Galice Creek as a recreational river. ``(xxv) Quail creek.-- ``(I) The 0.7-mile segment of Quail Creek from the headwaters of the Creek to 0.1 miles downstream from road 32-9-14.2 as a scenic river. ``(II) The 1.8-mile segment of Quail Creek from to 0.1 miles downstream from road 32-9- 14.2 to the confluence with the Rogue River as a wild river. ``(xxvi) Meadow creek.--The 4.1-mile segment of Meadow Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxvii) Russian creek.-- ``(I) The 0.4-mile segment of Russian Creek from the headwaters of the Creek to 0.1 miles downstream from road 33-8-21 as a scenic river. ``(II) The 2.2-mile segment of Russian Creek 0.1 miles downstream from road 33-8-21 to the confluence with the Rogue River as a wild river. ``(xxviii) Alder creek.--The 1.2-mile segment of Alder Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxix) Booze creek.--The 1.5-mile segment of Booze Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxx) Bronco creek.--The 1.8-mile segment of Bronco Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxxi) Centennial gulch creek.--The 1.9-mile segment of Centennial Gulch Creek from the headwaters of the Creek to the confluence with the Rogue River as a recreational river. ``(xxxii) Copsey creek.--The 1.5-mile segment of Copsey Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxxiii) Corral creek.--The 0.5-mile segment of Corral Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxxiv) Cowley creek.--The 0.9-mile segment of Cowley Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxxv) Ditch creek.-- ``(I) The 0.5-mile segment of Ditch Creek from the headwaters of the Creek 0.1 miles downstream from road 33-5-9.2 as a scenic river. ``(II) The 1.9-mile segment of Ditch Creek from 0.1 miles downstream from road 33-5-9.2 to the confluence with the Rogue River as a wild river. ``(xxxvi) Francis creek.--The 0.9-mile segment of Francis Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. ``(xxxvii) Long gulch.-- ``(I) The 1.4-mile segment of Long Gulch from the headwaters to 0.1 miles downstream from road 34-9-21 as a scenic river. ``(II) The 1.1-mile segment of Long Gulch from 0.1 miles downstream of road 34-9-21 to the confluence with the Rogue River as a wild river. ``(xxxviii) Bailey creek.-- ``(I) The 1.0-mile segment of Bailey Creek from the headwaters of the Creek to 0.1 miles downstream from road 34-8-22.2 as a scenic river. ``(II) The 2.1-mile segment of Bailey Creek from 0.1 miles downstream from road 34-8-22.2 to the confluence of the Rogue River as a wild river. ``(xxxix) Shady creek.--The 0.7-mile segment of Shady Creek from the headwaters of the Creek to the confluence with the Rogue River, as a wild river. ``(xl) Slide creek.-- ``(I) The 0.5-mile segment of Slide Creek from the headwaters of the Creek to 0.1 miles downstream from road 33-9-6 as a scenic river. ``(II) The 0.7-mile segment of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River as a wild river.''. (b) Administrative Provisions.-- (1) In general.--Any segment of the Rogue River designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection (a)(2)) shall-- (A) include an average of 640 acres per mile measured from the ordinary high water mark on both sides of the River; and (B) be managed as part of the Rogue Wild and Scenic River designated by subparagraph (A) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection (a)(1)). (2) Withdrawal.--Subject to valid rights, the Federal land within the boundaries of the river segments designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection (a)(2)) is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing or mineral materials. (3) Windpower facilities prohibited.--The siting of windpower facilities within the lateral boundaries of a segment of the Rogue Wild and Scenic River designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection (a)(2)) is prohibited.
Lower Rogue Wild and Scenic Rivers Act of 2008 - Amends the Wild and Scenic Rivers Act to add specified segments of creeks to the designation of the Rogue River in Oregon as a component of the national wild and scenic rivers system.
{"src": "billsum_train", "title": "A bill to amend the Wild and Scenic Rivers Act to add certain segments to the Rogue River designation, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Energy Infrastructure Security Program Establishment Act''. SEC. 2. NATIONAL ENERGY INFRASTRUCTURE SECURITY PROGRAM. (a) Definitions.--In this section: (1) Approved state plan.--The term ``approved State plan'' means a State plan approved by the Assistant under subsection (c)(3). (2) Assistant.--The term ``Assistant'' means the Assistant to the President for Homeland Security. (3) Coastal zone.--The term ``coastal zone'' has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). (4) Coastline.--The term ``coastline'' has the meaning given the term ``coast line'' in section 2 of the Submerged Lands Act (43 U.S.C. 1301). (5) Critical energy infrastructure facility.--The term ``critical energy infrastructure facility'' means-- (A) an electric generating facility; (B) a hydroelectric facility; (C) an electric transmission facility; (D) a petroleum or natural gas pipeline; (E) an energy production facility; (F) a refinery or chemical processing plant; (G) a transportation or distribution facility; (H) a port, rig, or platform; (I) any other energy infrastructure facility as determined by the Assistant; and (J) a related facility that carries out a public service or infrastructure activity critical to the operation of an energy infrastructure facility described in any of subparagraphs (A) through (I), as determined by the Assistant. (6) Distance.--The term ``distance'' means the minimum great circle distance, measured in statute miles. (7) Fund.--The term ``Fund'' means the National Energy Infrastructure Security Trust Fund established by subsection (d). (8) Leased tract.-- (A) In general.--The term ``leased tract'' means a tract that-- (i) is subject to a lease under section 6 or 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1335, 1337) for the purpose of drilling for, developing, and producing oil or natural gas resources; and (ii) consists of a block, a portion of a block, a combination of blocks or portions of blocks, or a combination of portions of blocks, as-- (I) specified in the lease; and (II) depicted on an outer Continental Shelf official protraction diagram. (B) Exclusion.--The term ``leased tract'' does not include a tract described in subparagraph (A) that is located in a geographic area subject to a leasing moratorium on January 1, 2001, unless the lease was in production on that date. (9) Producing coastal state.--The term ``producing coastal State'' means-- (A) the State of-- (i) Alaska; (ii) Alabama; (iii) California; (iv) Florida; (v) Louisiana; (vi) Mississippi; or (vii) Texas; and (B) any other State with a coastal seaward boundary within 200 miles of the geographic center of a leased tract. (10) Production.--The term ``production'' has the meaning given the term in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (11) Program.--The term ``program'' means the National Energy Infrastructure Security Program established under subsection (b). (12) Qualified outer continental shelf revenues.-- (A) In general.--The term ``qualified Outer Continental Shelf revenues'' means all funds received by the United States from each leased tract-- (i) that lies-- (I) seaward of the zone covered by section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)); or (II) within that zone, but to which section 8(g) of that Act does not apply; and (ii) the geographic center of which lies within a distance of 200 miles of any part of the coastline of a producing coastal State. (B) Inclusions.--The term ``qualified Outer Continental Shelf revenues'' includes bonus bids, rents, royalties (including payments for royalty taken in kind and sold), net profit share payments, and related late-payment interest from natural gas and oil leases issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). (13) State.--The term ``State'' means any of the States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any territory of the United States. (14) State plan.--The term ``State plan'' means a State plan described in subsection (b). (b) Establishment.--The Assistant shall establish a program, to be known as the ``National Energy Infrastructure Security Program'', under which the Assistant shall provide funds to States to implement approved State plans to provide security against hostile and natural threats to critical energy infrastructure facilities. (c) State Plans.-- (1) Initial plan.--Not later than 180 days after the date of enactment of this Act, to be eligible to receive funds under the program, the Governor of a State shall submit to the Assistant-- (A) a plan to provide security against hostile and natural threats to critical energy infrastructure facilities in the State; and (B) a request for an amount of Federal funds to carry out the State plan. (2) Revised plans.-- (A) First revised plan.--Not later than 18 months after the date of enactment of this Act, the Governor of a State shall submit to the Assistant a revised State plan. (B) Annual reviews.--Not later than 1 year after the date of submission of the revised plan under subparagraph (A) and annually thereafter, the Governor of a State shall-- (i) review the approved State plan; and (ii) submit to the Assistant any revised State plan resulting from the review. (3) Approval of plans.-- (A) In general.--In consultation with appropriate Federal security officials and the Secretaries of Commerce, Energy and Interior, the Assistant shall-- (i) approve each State plan; or (ii) recommend changes to the State plan. (B) Resubmission of state plans.--If the Assistant recommends changes to a State plan under subparagraph (A)(ii), the Governor of the State may resubmit a revised State plan to the Assistant for approval. (4) Availability of plans.-- (A) Availability to the public.--The Assistant, in consultation with the Governor of a State, shall determine whether and to what extent the approved State plan shall be made public. (B) Availability to congress.--The Assistant shall provide to Congress, on a confidential basis, a copy of each approved State plan. (5) Consultation and public comment.-- (A) Consultation.--The Governor of a State shall develop the State plan in consultation with Federal, State, and local law enforcement and public safety officials, industry, Indian tribes, the scientific community, and other persons as appropriate. (B) Public comment.--The Governor of a State may solicit public comments on the State plan to the extent that the Governor determines to be appropriate. (d) National Energy Infrastructure Security Trust Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund to be used in carrying out this section, to be known as the ``National Energy Infrastructure Security Trust Fund'', consisting of-- (A) such amounts as are appropriated to the Fund under paragraph (2); and (B) any interest earned on investment of amounts in the Fund under paragraph (4). (2) Transfers to fund.--There are appropriated to the Fund amounts equivalent to 50 percent of qualified Outer Continental Shelf revenues. (3) Expenditures from fund.-- (A) In general.--Subject to subparagraph (B), upon request by the Assistant or the Secretary of the Interior and without further appropriation, the Secretary of the Treasury shall transfer from the Fund to the Assistant or the Secretary of the Interior such amounts as are necessary to make allocations to States under subsection (g). (B) Administrative expenses.--An amount not exceeding 1 percent of the amounts in the Fund shall be available in each fiscal year to pay the administrative expenses necessary to carry out the program. (4) Investment of amounts.-- (A) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (B) Acquisition of obligations.--For the purpose of investments under subparagraph (A), obligations may be acquired-- (i) on original issue at the issue price; or (ii) by purchase of outstanding obligations at the market price. (C) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (D) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (5) Transfers of amounts.-- (A) In general.--The amounts required to be transferred to the Fund under this subsection shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (B) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Allocation of Amounts From the Fund.-- (1) In general.--For each fiscal year, the Assistant shall allocate the amounts transferred to the Fund for the preceding fiscal year as follows: (A) 70 percent of the amounts shall be allocated by the Assistant in accordance with paragraph (2) to States to carry out activities under approved State plans in areas that are not coastal zones. (B) 30 percent of the amounts shall be allocated by the Secretary of the Interior in accordance with paragraph (3) to producing coastal States to carry out activities under approved State coastal zone plans under subsection (f)(1) in coastal zones of the producing coastal States. (2) Allocation of amounts by assistant.--In determining what portion of the amounts described in paragraph (1)(A) to allocate to each State, the Assistant shall consider-- (A) the extent to which the State contains infrastructure facilities that are most vulnerable to human or natural threats; (B) the extent to which the State contains facilities that, if disrupted, would threaten-- (i) critical national security facilities; (ii) the largest populations; (iii) the national, regional, or local economies; (iv) pristine habitats; or (v) national cultural, historical, or religious sites; (C) other financial resources available to the State assist in the implementation of the approved State plan; and (D) other appropriate factors. (3) Allocation of amounts by secretary of the interior.-- The Secretary of the Interior shall allocate the amounts described in paragraph (1)(B) among producing coastal States as follows: (A) 60 percent of the amounts shall be divided equally among producing coastal States. (B) 40 percent of the amounts shall be divided among producing coastal States on the basis of the proximity of each producing coastal State to offshore locations at which oil and gas are being produced. (f) Use of Amounts Allocated by Secretary of the Interior.-- (1) Coastal zone plans.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, to be eligible to receive amounts allocated by the Secretary of the Interior under subsection (e)(3), the Governor of a producing coastal State shall submit to the Secretary of the Interior and the Secretary of Commerce a plan to provide security against human and natural threats to critical energy infrastructure facilities in coastal zones of the producing coastal State. (B) Development of plans.--Each coastal zone plan under subparagraph (A) shall be developed and approved in the same manner as a State plan is developed under subsection (c). (2) Use of amounts.-- (A) In general.--Amounts allocated by the Secretary of the Interior under subsection (e)(3) may be used only for-- (i) activities to secure critical energy infrastructure facilities in a coastal zone from human or natural threats; and (ii) support of any necessary public service activities that are needed to maintain the safety and operation of critical energy infrastructure facilities. (B) Restoration of coastal wetland.--For the purpose of subparagraph (A)(i), restoration of coastal wetland shall be considered to be an activity that secures critical energy infrastructure facilities in a coastal zone from a natural threat. (g) Termination of Authority.--The authority provided by this section terminates effective on the date that is 6 years after the date of enactment of this Act.
National Energy Infrastructure Security Program Establishment Act - Directs the Assistant to the President for Homeland Security to establish the National Energy Infrastructure Security Program, which shall provide funds to States to implement approved State plans to provide security against threats to critical energy infrastructure facilities.Establishes the National Energy Infrastructure Security Trust Fund, and appropriates to it 50 percent of qualified Outer Continental Shelf revenues.
{"src": "billsum_train", "title": "A bill to direct the Assistant to the President for Homeland Security to establish the National Energy Infrastructure Security Program."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Western New York Redevelopment Act of 2005''. SEC. 2. RENEW REPLACEMENT POWER. Section 1 of the Act of August 21, 1957 (Public Law 85-859; 71 Stat. 401; 16 U.S.C. 836) is amended in subsection (b)(3) by striking out ``for a period ending not later than the final maturity date of the bonds initially issued to finance the project work herein specifically authorized,''. SEC. 3. ECONOMIC RECOVERY. (a) License Conditions.--The Federal Energy Regulatory Commission (FERC) shall include among the conditions imposed on any license issued subsequent to the original license for the project authorized by section 1 of the Act of August 21, 1957 (Public Law 85-859; 71 Stat. 401; 16 U.S.C. 836) in addition to those deemed necessary and required under the terms of the Federal Power Act, the following: (1) Annual payment.--(A) In order to render financial assistance to the host governments in which any feature of the Niagara Power Project is located, the New York Power Authority (NYPA) shall make a mandatory annual payment from its gross proceeds to the Erie Canal Harbor Development Corporation in the City of Buffalo and the County of Erie in the amount of $10,000,000 for each 12-month period of the new license. For every 12-month period after the first such period after the license is issued and continuing for the life of the new license and any subsequent licenses, the annual payment shall include an additional 3 percent of the amount of the payment made during the preceding 12-month period. (B) Prior to the establishment of the Erie Canal Harbor Development Corporation, the payment described in subparagraph (A) shall be held in escrow by the NYPA for transfer to the corporation upon its establishment. Such payment shall be used by the Erie Canal Harbor Development Corporation only for the development, design, engineering and construction of projects at the Inner and Outer Harbor in Buffalo, and Erie County, New York, including transportation infrastructure improvements and Skyway Bridge alternatives. Other qualified uses may include brownfield remediation, greenway trail design and construction and other waterfront environmental restoration projects. (C) At the expiration of the Erie Canal Harbor Development Corporation the annual payments shall be made to the Erie County Industrial Development Agency for the uses and purposes set forth in subparagraph (B). (2) Additional annual payment to counties.--(A) In order to achieve the yet unrealized regional economic benefits that the New York Power Authority contracted to deliver on when it was awarded exclusive control of the Niagara Power Project, the Federal Energy Regulatory Commission shall include as a condition on any new and subsequent license, the payment of 1 percent of gross proceeds to be split evenly by the Industrial Development Agencies for each of the counties of Niagara, Erie, Chautauqua, and Cattaraugus, New York. (B) Such funds shall be distributed by such agencies to high-load industries and businesses committed to incremental capital investment and job retention and creation in each such county. The proceeds shall be disbursed to such western New York industries and businesses and used by such industries and businesses to offset the high cost of energy in New York State and retain current employment levels. (C) The payment of funds under this paragraph to Erie, Chautauqua, Cattaraugus, and Niagara counties shall be additional to, and shall not affect the obligation of the New York Power Authority to pay, any other funds to those counties under the terms of any judicial decree or settlement of an action brought by one or more of such counties against the NYPA. (D) The term ``gross proceeds'', as used in this paragraph, means the total gross proceeds derived by the licensee from the sale of power for the preceding fiscal year, excluding power used by the Corporation or sold or delivered to any other department or agency of the State of New York for any purpose other than resale. SEC. 4. TRANSPARENCY. The Secretary of Energy, acting through the Office of Inspector General, Office of Audit Services, shall conduct an audit of Niagara Power Project finances and operations since project inception in order to provide consistent and timely information concerning the true economic impact of the Niagara Power Project and its revenue and disbursements and shall conduct subsequent annual audits to verify payments to host communities and others. SEC. 5. PHYSICAL SECURITY AND SAFETY. (a) In General.--In order to improve the physical security of the Niagara Power Project, the Federal Energy Regulatory Commission shall include among the conditions imposed on any license issued subsequent to the original license for the project authorized by section 1 of the Act of August 21, 1957 (Public Law 85-859; 71 Stat. 401; 16 U.S.C. 836) in addition to those deemed necessary and required under the terms of the Federal Power Act, a requirement that the licensee shall acquire by contract or other agreement property or interests therein sufficient to provide an appropriate effective zone of separation between all project control, switching or generating facilities and any privately owned real property not used for the generation, transmission, or control of electric energy. Any such acquisition by the licensee shall be carried out pursuant to such terms as may be necessary to ensure replacement of any residential, educational, recreational, and community services and facilities acquired or adversely affected by such acquisition, and that such replacement facilities or services are of equivalent character, value, and number to those so acquired, while meeting contemporary standards for construction, operation, and level of service. (b) Resources for First Responders.--The New York Power Authority shall provide to First Responders serving the local jurisdictions in which the Niagara Power Project facilities are located adequate financial and other resources and assistance to acquire, operate, maintain, and replace, through the term of any license granted pursuant to this Act, the equipment and other assets needed to protect human life and property from harm should any feature or facility of the Niagara Power Project be subject to damage of any type because of an act of terror or other criminal behavior. SEC. 6. HOLD HARMLESS. Nothing in this Act authorizes any increase in the rates and charges for electric energy under the Replacement Power program. SEC. 7. SEVERABILITY. If any provision of this Act, or amendment made by this Act, or the application of this Act or such amendments to any person or circumstance is determined by a court to be invalid, the validity of the remainder of this Act and the amendments made by this Act and the application of such provision to other persons and circumstances shall not be affected by such determination.
Western New York Redevelopment Act of 2005 - Modifies the statutory licensing conditions governing operation of a power project by the New York Power Authority regarding utilization of the federal share of the water of the Niagara River whose use is permitted by international agreement. Directs the Federal Energy Regulatory Commission to include among additional conditions imposed on any license issued subsequent to the original license: (1) specified mandatory annual payments from the gross proceeds of the Authority to the Erie Canal Harbor Development Corporation; (2) the payment of one percent of gross proceeds, to be split evenly by the Industrial Development Agencies for the counties of Niagara, Erie, Chautauqua, and Cattaraugus, New York; and (3) a requirement that the licensee acquire property or interests sufficient to provide an effective zone of separation between all project control, switching or generating facilities, and any privately owned real property not used for the generation, transmission, or control of electric energy. Requires the Secretary of Energy to conduct: (1) an audit of Niagara Power Project finances and operations since project inception; and (2) subsequent annual audits to verify payments to host communities. Requires the New York Power Authority to provide to First Responders serving the local jurisdictions in which the Niagara Power Project facilities are located adequate resources and assistance to acquire, operate, maintain, and replace the assets needed to protect human life and property from harm should any feature or facility of the Niagara Power Project be subject to damage of any type because of an act of terror or other criminal behavior.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Anaktuvuk Pass Land Exchange and Wilderness Redesignation Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) the Alaska National Interest Lands Conservation Act (16 U.S.C. 460hh et seq.), enacted on December 2, 1980, established the Gates of the Arctic National Park and Preserve and the Gates of the Arctic Wilderness. (2) The village of Anaktuvuk Pass, located in the highlands of the central Brooks Range, is virtually surrounded by such national park and wilderness area. (3) Unlike most other Alaska Native communities, the village of Anaktuvuk Pass is not located on a major river, lake, or coastline that can be used as a means of access. (4) The residents of Anaktuvuk Pass have relied increasingly on snow machines in winter and all-terrain vehicles in summer as their primary means of access to pursue caribou and other subsistence resources. (5) In a land exchange agreement in 1983, linear easements were reserved by the Inupiat Eskimo people for use of all- terrain vehicles across certain national park lands, mostly along stream and river banks. (6) Such linear easements proved unsatisfactory, because such easements provided inadequate access to subsistence resources and caused excessive environmental impact from concentrated use. (7) Officials of the National -P-a-r-k -S-e-r-v-i-c-e -a-n-d -t-h-e Park Service and Nunamiut Corporation initiated discussions in 1985 to address concerns over the use of all- terrain vehicles on park and wilderness land. (8) Such discussions resulted in an agreement, originally executed in 1992, and subsequently amended in 1993 and 1994, between the National -P-a-r-k -S-e-r-v-i-c-e -a-n-d -t-h-e Park Service and Nunamiut Corporation and the city of Anaktuvuk Pass, -A-l-a-s-k-a-, -a-n-d -t-h-e Alaska, and Arctic Slope Regional Corporation. (9) The full effectuation of the agreement, by its terms, described in paragraph (7) requires the approval and ratification by Congress. SEC. 3. DEFINITIONS. As used in this Act: (1) Agreement.--The term ``Agreement'' means the document entitled ``Donation, Exchange of Lands and Interests and Wilderness Redesignation Agreement Among Arctic Slope Regional Corporation, Nunamuit Corporation, City of Anaktuvuk Pass and the United States of America'', executed on December 17, 1992, and subsequently amended by the parties in 1993 and 1994. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. RATIFICATION OF AGREEMENT. (a) Ratification.-- (1) In general.--The Agreement is hereby ratified and confirmed. The terms, conditions, procedures, covenants, reservations, and other provisions set forth by the parties specified in section 2(7) of the Agreement, and subsequently amended are hereby are ratified and confirmed. The obligations and commitments of the United States, Arctic Slope Regional Corporation, Nunamiut Corporation and the city of Anaktuvuk Pass, under such Agreement are hereby considered to be a matter of Federal law. (2) Land acquisition.--Subject to any applicable law, the lands acquired by the United States pursuant to the Agreement shall be administered by the Secretary as part of the Gates of the Arctic National Park and Preserve. (b) Maps.-- (1) In general.--The lands subject to the conveyances, retention of surface access rights, access easements, and all- terrain vehicle easements shall be determined in accordance with the maps described as exhibits C1, C2, and D through I of the Agreement and the Map No. 185/80,039, entitled ``Land Exchange -A-c-t-i-o-n-s-, -P-r-o-p-o-s-e-d Actions, Anaktuvuk Pass Land Exchange and Wilderness Redesignation, Gates of the Arctic National Park and Preserve'', dated April 1994. (2) Location of maps.--The maps shall be on file at the Alaska Regional Office of the National Park Service and the offices of Gates of the Arctic National Park and Preserve in Fairbanks, Alaska. (3) Public inspection.--The Secretary shall ensure that written legal descriptions of the lands described in paragraph (1) shall be available for public inspection in the offices specified in paragraph (2). (4) Discrepancies.--In case of any discrepancy between the maps described in paragraph (1) and the Map No. 185/80,039, the Map No. 185/80,039 shall control. SEC. 5. NATIONAL PARK SYSTEM WILDERNESS. (a) Redesignation.-- (1) In general.--Section 701(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1132 note) is amended by striking out ``approximately seven million and fifty-two thousand acres'' and inserting in lieu thereof ``approximately -7-,-3-4-0-,-8-3-2 -a-c-r-e-s seven million thirty-four thousand eight hundred and thirty-two acres''. (2) Acreage.--The amendment made by paragraph (1) shall result in the addition to the Gates of the Arctic Wilderness of approximately 56,825 acres, and the rescission of approximately 73,993 acres as wilderness, from the total acreage of the Gates of Arctic Wilderness (as determined on the day before the date of enactment of this Act). (b) Maps.--The lands redesignated in subsection (a) are depicted on a map prepared by the National Park Service entitled ``Wilderness -A-c-t-i-o-n-s-, -P-r-o-p-o-s-e-d Actions, Anaktuvuk Pass Land Exchange and Wilderness Redesignation, Gates of the Arctic National Park and Preserve'', Map No. 185/80,040, dated April 1994, and on file at the Alaska Regional Office of the National Park Service and the office of Gates of the Arctic National Park and Preserve in Fairbanks, Alaska. (c) Redesignation.-- (1) In general.-- (A) Section 201(8)(a) of the Alaska National Interest Lands Conservation Act is amended by striking out ``approximately six million four hundred and sixty thousand acres'' and inserting in lieu thereof ``approximately six million four hundred and seventy- seven thousand one hundred and sixty-eight acres''. (B) Section 701(7) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1132) is amended by striking out ``approximately five million eight hundred thousand acres'' and inserting in lieu thereof ``approximately five million eight hundred seventeen thousand one hundred and sixty eight acres''. (2) Acreage.--The amendment made by paragraph (1) shall result in the addition to the Noatak National Preserve and the Noatak Wilderness of approximately 17,168 acres to the total acreage of the Noatak National Preserve and the Noatak Wilderness (as determined on the day before the date of enactment of this Act). (d) Maps.--The lands redesignated in subsection (c) are depicted on a map entitled ``Proposed Noatak National Preserve Wilderness expansion'' dated September 19, 1994. SEC. 6. CONFORMANCE WITH OTHER LAW. (a) Alaska Native Claims Settlement Act.--All of the lands, or interests therein, conveyed to and received by Arctic Slope Regional Corporation or Nunamiut Corporation pursuant to the Agreement shall be deemed to have been conveyed and received pursuant to the requirements relating to land exchanges under section 22(f) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(f)). (b) Valid Existing Rights.--All of the lands or interests in lands conveyed pursuant to the Agreement shall be conveyed subject to valid existing rights. (c) Alaska National Interest Lands Conservation Act.--Nothing in this Act or in the Agreement may be construed to enlarge or diminish the rights, privileges, or obligations of any person, except to the extent specifically set forth in this Act or the Agreement (including the specific preference for subsistence uses and access to subsistence resources provided under the Alaska National Interest Lands Conservation Act (94 Stat. 2417 et seq.)).
Anaktuvuk Pass Land Exchange and Wilderness Redesignation Act of 1994 - Ratifies and confirms the agreement among the United States, the Arctic Slope Regional Corporation, the Nunamiut Corporation, and the city of Anaktuvuk Pass executed on December 17, 1992. Requires the lands acquired by the United States pursuant to such Agreement to be administered by the Secretary of the Interior as part of the Gates of the Arctic National Park and Preserve. Amends the Alaska National Interest Lands Conservation Act to provide for: (1) the addition and the rescission of lands within the Gates of the Arctic Wilderness; and (2) the addition of lands to the Noatak National Preserve and the Noatak Wilderness.
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SECTION 1. SHORT TITLE. This section may be cited as the ``American's Math and Science Excellence Act''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965. (3) Institution of higher education.--The term ``institution of higher education'' has the same meaning given it in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1201(a)). (4) Charter school.--The term ``charter school'' has the same meaning given it in section 10310(g) of the Higher Education Act of 1965 (20 U.S.C. 8060(g)). (5) Internship.--The term ``internship'' means a program of personal service by an individual, other than an employee, for a specified period of time under which the service is primarily for the educational experience of the individual. SEC. 3. INFORMATION TECHNOLOGY TEACHER TRAINING GRANTS. (a) Grants Authorized.--The Director, in consultation with the Secretary of Education, is authorized to award grants, on a competitive basis, to support professional development in the use of information technology as it pertains to enhanced student learning for teachers who teach in elementary schools, secondary schools, or charter schools. (b) Duration.--Grants awarded under this section-- (1) to individuals shall be awarded for a period of not more than 1 year; and (2) to educational institutions shall be awarded for a period of not more than 3 years. (c) Applications.-- (1) In general.--To receive a grant under this section, an individual, secondary school, or other educational institution shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (2) Requirements.--In awarding grants under this section, the Director shall not require applications for the grants to be submitted by computer or Internet-based routes, although such applications may be submitted by such routes. (3) Uses of funds.--Grant funds awarded under this section may be used for-- (A) substitute teacher pay or teacher salary; (B) fees for attendance at workshops, seminars, conferences, classes, or training sessions; (C) developing a compensation system based on merit that supports teachers who become increasingly expert in subject areas underpinning information technology, and demonstrate high levels of teaching performance, resulting from the use of information technology tools, measured against professional teaching standards; or (D) other reasonable expenses related to professional development in information technology for elementary school, secondary school, or charter school teachers. (4) Recipients.--Grants under this subsection may be awarded to individual elementary school, secondary school, or charter school teachers, to elementary schools, secondary schools, or charter schools, or to organizations supporting professional development in information technology areas for elementary school, secondary school, or charter school teachers. (5) Factors.--Among the factors the Director shall consider in awarding grants under this subsection, are the following: (A) Whether the grant will benefit elementary schools, secondary schools, and charter schools that are at or below the 25th percentile for academic performance of schools in the respective State. (B) Whether matching funds are available for the private sector. (d) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation to carry out this section $25,000,000 for fiscal year 2001, $30,000,000 for fiscal year 2002, $35,000,000 for fiscal year 2003, and $35,000,000 for fiscal year 2004. SEC. 4. TWENTY-FIRST CENTURY WORKFORCE INTERNSHIP GRANTS. (a) Grants Authorized.--The Director, in consultation with the Secretary of Education, is authorized to award grants to secondary schools and institutions of higher education to establish student information technology internships. (b) Applications.-- (1) In general.--To receive a grant under this section, an individual, secondary school, or institution of higher education shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (2) Form.--In awarding grants under this section, the Director shall not require applications for the grants to be submitted by computer or Internet-based routes, although such applications may be submitted by such routes. (c) Uses of Funds.--Grants awarded under this section may be used for-- (1) internships designed to strengthen the science, mathematics, and engineering preparation of technicians for the high-performance workforce; and (2) internships to offer students hands-on opportunities in the private sector to apply their education to information technology, manufacturing, or information security. (d) Duration.--Grants awarded under this section shall be awarded for a period of not more than 3 years. (e) Other Requirements.--The Director shall ensure that-- (1) any internship assisted by a grant made under this section is conducted at a private sector entity; and (2) matching funds from the private sector are available in an amount equal to the amount of grant funds provided under this subsection. (e) Authorization of Appropriations.--There are authorized to the National Science Foundation to be appropriated to carry out this section $15,000,000 for fiscal year 2001, $20,000,000 for fiscal year 2002, $25,000,000 for fiscal year 2003, and $25,000,000 for fiscal year 2004. SEC. 5. INFORMATION TECHNOLOGY STATE SCHOLARSHIP PROGRAM. (a) In General.--The Director of the National Science Foundation, in consultation with the Secretary of Education, shall make grants to States to provide supplementary scholarships to students for study leading to a graduate degree in science, math, engineering, or a related field. The scholarships shall be awarded by the State higher education system, the State scholarship commission, or an equivalent State entity. (b) Eligibility.-- (1) In general.--A scholarship awarded under subsection (a) may be applied to any technology-related degree program offered at an accredited institution of higher learning, including a college, university, community college, or vocational-training institution. (2) Maximum amount.--A scholarship awarded under subsection (a) may not, when combined with other sources of financial assistance, exceed the cost of tuition and related expenses of the qualified degree program of the recipient. (c) Matching.--The Director may not make a grant to a State under subsection (a) unless the State provides not less than one-half of the cost of the program for which the grant is provided from State funds. (d) Distribution.--The Director may not make a grant to a State under subsection (a) unless the State provides assurances that at least two-thirds of the scholarships awarded using grant funds will be awarded to students who are members of families with a family income that is not more than 200 percent of the poverty line. (e) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation a total of $50,000,000 for grants under this section for fiscal years 2001 through 2004. SEC. 6. TWENTY-FIRST CENTURY TEACHER ENHANCEMENT PROGRAM. (a) In General.--Section 19A of the National Institute of Standards and Technology Act (15 U.S.C. 278g-2a) is amended to read as follows: ``SEC. 19A. TEACHER SCIENCE AND TECHNOLOGY ENHANCEMENT PROGRAM. ``(a) In General.--The Director shall establish within the Institute a Twenty-First Century Teacher Enhancement Program. ``(b) Purpose and Goals.--The purpose of the program established under this section is to provide for professional development of mathematics and science teachers for elementary, middle, and secondary schools. The goals of the program are to provide-- ``(1) math and science teaching strategies; ``(2) self-confidence in math and science; and ``(3) the understanding of math and science and their impact on commerce and the economy. ``(c) Focus.--In carrying out the program under this section, the Director shall focus on the areas of-- ``(1) scientific measurements; ``(2) tests and standards development; ``(3) industrial competitiveness and quality; ``(4) manufacturing; ``(5) technology transfer; and ``(6) any other area of expertise of the Institute that the Director determines to be appropriate. ``(d) Selection Procedures and Criteria.--The Director shall develop and issue procedures and selection criteria for participants in the program. Each such participant shall be a teacher described in subsection (b). ``(e) Summer Program.--The program established under this section shall be conducted on an annual basis during the summer months, during the period of time when a majority of elementary, middle, and secondary schools have not commenced a school year. ``(f) Strategies.--The program shall provide for teachers' participation in activities at the Institute laboratory facilities or shall utilize other means of accomplishing the goals of the program, which may include use of the Internet, video conferencing and recording, workshops, and conferences.''. ``(b) Availability of Funds.--The following amounts of funds appropriated to the National Institute of Standards and Technology shall be used to carry out the Twenty-First Century Teacher Enhancement Program under section 19A of the National Institute of Standards and Technology Act added by subsection (a) of this section: (1) $5,000,000 for fiscal year 2001. (2) $5,500,000 for fiscal year 2002. (3) $6,000,000 for fiscal year 2003. (4) $6,500,000 for fiscal year 2004.
(Sec. 4) Authorizes the NSF Director to award grants to secondary schools and institutions of higher education to establish student information technology internships. Limits the duration of such grants to three years. Requires the Director to ensure that: (1) any internship assisted by such a grant is conducted at a private sector entity; and (2) matching funds from the private sector are available in an amount equal to that of such grant funds. Authorizes appropriations. (Sec. 5) Requires the NSF Director to make grants to States to provide supplementary scholarships to students for study leading to a graduate degree in science, math, engineering, or a related field. Requires such scholarships to be awarded by the State higher education system, the State scholarship commission, or an equivalent State entity. Requires States to provide: (1) at least one-half of the scholarship program cost; and (2) assurances that at least two-thirds of the scholarships will be awarded to students who are members of families with a family income that is not more than 200 percent of the poverty line. Authorizes appropriations. (Sec. 6) Amends the National Institute of Standards and Technology Act to require the Director of the National Institute of Standards and Technology (NIST) to establish a Twenty-First Century Teacher Enhancement Program within NIST to provide for professional development of mathematics and science teachers for elementary, middle, and secondary schools. Requires such program to: (1) provide math and science teaching strategies, self-confidence in math and science, and understanding of math and science and their impact on commerce and the economy; (2) focus on specified and other appropriate areas of NIST expertise; (3) be conducted annually during the summer months; and (4) provide for teachers' participation in activities at NIST laboratory facilities or use other means of accomplishing program goals. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Parents to Fight Drugs Act of 1998''. SEC. 2. GRANT AUTHORIZATION. (a) State Grants.--The Secretary is authorized to provide grants to State educational agencies to enable each local educational agency in the State to develop and implement a random drug testing program for students in grades 7 through 12. (b) Local Subgrants.--Each State educational agency that receives a grant award under this Act shall award not less than 99.75 of such amount to provide subgrants to local educational agencies. (c) State Application.--Any State educational agency desiring to receive a grant under this part for any fiscal year shall submit an application to the Secretary at such time and in such manner as the Secretary may require. SEC. 3. ALLOCATION. (a) In General.-- (1) State allocation.--Except as provided in subsection (b)(1), from the total amount appropriated pursuant to section 7 in any fiscal year, the Secretary shall allocate to each State educational agency an amount that bears the same ratio to such total amount as the number of students enrolled in grades 7 through 12 in such State in the preceding fiscal year bears to the total number of such students for all States for that fiscal year. (2) Local allocation.--Except as provided in subsection (b)(2), of the remaining amounts appropriated pursuant to section 7 in any fiscal year, the State shall allocate to each local educational agency an amount that bears the same ratio to such remaining amount as the number of students enrolled in grades 7 through 12 in such agency bears to the total number of such students for all local educational agencies in the State for that fiscal year. (b) Administrative Costs.-- (1) Secretary.--The Secretary may reserve the lesser of $200,000 or 0.10 percent of the total amount appropriated to carry out this Act in each fiscal year for the costs of administration. (2) State educational agencies.--Each State educational agency may reserve not more than 0.25 percent of any grant funds received under this Act in each fiscal year for the costs of administration. (3) Local educational agencies.--Each local educational agency may reserve not more than 5 percent of any grant funds received under this Act in each fiscal year for the costs of administration. SEC. 4. REQUIREMENTS AND OPTIONAL ACTIVITIES. (a) In General.--Each local educational agency that receives a grant under this Act shall certify to the State educational agency that-- (1) funds received under this Act shall be used in accordance with subsection (b); (2) the agency shall develop a plan to implement a drug testing program; and (3) before implementation, any drug testing plan or subsequent amendment to such plan shall be considered a public document and made available to the public for review, not later than 30 days after such plan or amendment is available. (b) Uses of Funds.-- (1) Required uses of funds.--A local educational agency that receives a grant under this Act shall, either directly or through contract with outside sources, provide for a drug test of each student in grades 7 through 12 not less than once each year. Such test shall, at a minimum, include a drug screening for marijuana, amphetamines, phencyclidine (PCP), opiates, and cocaine. (2) Optional uses of funds.--After a local educational agency has complied with the requirements of paragraph (1), the agency may use any remaining funds available for the following: (A) Law enforcement assistance.--To contract with local law enforcement agencies to assist in drug detection in schools, including the use of drug sniffing dogs. (B) Additional tests.--To test students more than once during a school year. SEC. 5. GENERAL REQUIREMENTS. (a) Reporting of Test Results.--Each local educational agency that receives funds under this Act shall inform parents in detail about the random testing program and ensure that-- (1) at the beginning of each school year, parents are notified of their right to withdraw their child from participation in the random drug testing program; and (2) parents receive, on a timely basis, the positive results of any drug test of a child who participates in the program. (b) Confidentiality.--The local educational agency shall develop and enforce standards designed to protect the confidentiality of all student test results. (c) Medical Review Officer.-- (1) In general.--Each local educational agency that receives a grant under this Act shall provide, either directly or through contract, for a medical review officer. (2) Duties.--Each medical review officer shall be designated to receive all test results. (A) First positive result.--In the case of the first positive test result of a student, the medical review officer shall be responsible to inform only parents by making every attempt feasible to meet with the parents of such student and inform the parents of the results and resources and services of rehabilitation and education available in the community. (B) Consecutive positive results.--In the case of a student who has 2 or more consecutive positive test results, the medical review officer shall be responsible to inform parents and school officials who shall determine the appropriate action for the student based on school policy. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``medical review officer'' means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by a local educational agency's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a student's confirmed positive test result together with the student's medical history and any other relevant biomedical information; (2) the term ``parent'' includes a legal guardian or other person standing in loco parentis; (3) the term ``Secretary'' means the Secretary of Education; and (4) the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, and Guam. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act for each of fiscal years 1999 through 2003. SEC. 8. AMENDMENT TO ESEA. (a) Amendment.--Part E of title XIV of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``SEC. 14515. RANDOM DRUG TESTING. ``Any local educational agency that receives funds under this Act shall implement a drug testing program that meets the requirements of the ``Empowering Parents to Fight Drugs Act of 1998.''. (b) Effective Date.--A local educational agency shall implement a drug testing program referred to in section 14515 of the Elementary and Secondary Education Act of 1965 not later than the school year beginning 1 year after the date of the enactment of this Act.
Empowering Parents to Fight Drugs Act of 1998 - Authorizes the Secretary of Education to make grants to State educational agencies (SEAs) to enable each local educational agency (LEA) to develop and implement a random drug testing program for students in grades seven through 12. Sets forth requirements for State and local allocations and administrative costs. Requires LEAs receiving grants to make certain certifications to SEAs. Sets forth required and optional uses of grant funds. Requires LEAs receiving such grant funds to inform parents about: (1) the random drug testing program, in detail; (2) their right to withdraw their child from such program; and (3) any positive results of a drug test of their child. Requires such LEAs to provide for confidentiality of drug test results. Requires a medical review officer provided by the LEA to: (1) receive all test results; (2) inform only the student's parents after a first positive result, and attempt to meet with them to discuss the results and available community rehabilitation and education resources and services; and (3) after two or more positive results, inform parents and school officials who shall determine appropriate action for the student based on school policy. Authorizes appropriations. Amends the Elementary and Secondary Act of 1965 (ESEA) to require any LEA that receives ESEA funds to implement a drug testing program that meets the requirements of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Energy Refueling System Act of 2006''. SEC. 2. ALTERNATIVE ENERGY REFUELING SYSTEMS. (a) In General.--Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)) is amended by adding at the end the following: ``(13) Alternative energy refueling systems.-- ``(A) Definitions.--In this paragraph: ``(i) Alternative energy refueling system.--The term `alternative energy refueling system' means a system composed of 1 or more underground storage tanks, pumps, and pump fittings or other related infrastructure that is used to refuel motor vehicles with-- ``(I) compressed natural gas; ``(II) E-85 ethanol; ``(III) a fuel described in section 30C(c)(1) of the Internal Revenue Code of 1986; or ``(IV) any other alternative fuel, as determined by the Administrator. ``(ii) Eligible entity.--The term `eligible entity' means a refueling vendor or other person that is an owner or operator of a service station or other facility at which an alternative energy refueling system is located or proposed to be located. ``(B) Reimbursement program.-- ``(i) Establishment.--The Administrator shall establish a program to provide to eligible entities reimbursement from the Trust Fund of a portion of the costs of purchasing and installing 1 or more alternative energy refueling systems, including any alternative energy refueling system intended to replace a petroleum refueling tank or system. ``(ii) Application.--An eligible entity that seeks to receive reimbursement described in clause (i) shall submit to the Administrator an application by such time, in such form, and containing such information as the Administrator shall prescribe. ``(iii) Timing of reimbursement.--Not later than 30 days after the date on which the Administrator, in consultation with the appropriate State agency, verifies that an alternative energy refueling system for which reimbursement is requested by an eligible entity under this paragraph has been installed and is operational, the Administrator shall provide the reimbursement to the eligible entity. ``(iv) Limitations.-- ``(I) Prohibition on receipt of dual benefits.--An eligible entity that receives a tax credit under section 30C of the Internal Revenue Code of 1986 for placing in service a qualified alternative fuel vehicle refueling property (as defined in that section) may not receive any reimbursement under this paragraph for an alternative energy refueling system on the property if the cost of the alternative energy refueling system was taken into consideration in calculating the tax credit. ``(II) Number of systems.--An eligible entity may not receive reimbursement under this paragraph for more than 2 alternative energy refueling systems for each facility owned or operated by the eligible entity. ``(III) Amount.--The amount of reimbursement provided for an alternative energy refueling system under this paragraph shall not exceed the lesser of-- ``(aa) the amount that is 30 percent of the cost of the alternative energy refueling system; or ``(bb) $30,000. ``(C) No effect on other trust fund projects, activities, or responsibilities.-- ``(i) Other trust fund projects and activities.--In carrying out this paragraph, the Administrator shall not use funds from the Trust Fund that are obligated for, or otherwise required to carry out, other projects and activities under this subsection. ``(ii) Responsibilities.--Nothing in this paragraph affects any obligation of an owner or operator to comply with other provisions of this subtitle.''. (b) Conforming Amendment.--Section 9508(c) of the Internal Revenue Code of 1986 is amended by striking ``as in effect on'' and all that follows through the end of the subsection and inserting ``as amended by the Superfund Amendments and Reauthorization Act of 1986 and the Alternative Energy Refueling System Act of 2006''.
Alternative Energy Refueling System Act of 2006 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide eligible entities (refueling vendors or owners or operators of a facility where an alternative energy refueling system is located) reimbursement from the Leaking Underground Storage Tank Trust Fund for a portion of the costs of purchasing and installing one or more alternative energy refueling systems (systems used to refuel motor vehicles with an alternative fuel such as compressed natural gas or E-85 ethanol). Prohibits an entity that receives a federal tax credit for placing in service a qualified alternative fuel vehicle refueling property from receiving reimbursement under this Act if the system cost was taken into consideration in calculating the tax credit. Limits reimbursement to: (1) two systems for each facility owned by an eligible entity; and (2) the lesser of 30% of a system's cost or $30,000.
{"src": "billsum_train", "title": "A bill to amend the Solid Waste Disposal Act to establish a program to provide reimbursement for the installation of alternative energy refueling systems."}
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