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SECTION 1. FINDINGS. Congress makes the following findings: (1) The United States Army operates a military education and training facility known as the United States Army School of the Americas, which is currently located at Fort Benning, Georgia, and is used to train military personnel of Latin American armed forces. (2) The United States Army School of the Americas has a history of having had graduates who were abusive of human rights, and the continued operation of the school stands as a barrier to United States efforts to establish a new and constructive relationship with Latin American armed forces after the Cold War. (3) Closing the United States Army School of the Americas would not prevent the United States from providing appropriate training for military personnel of Latin American armed forces. (4) The United States Army School of the Americas is only part of the United States' extensive training relationship with Latin American armed forces, which includes-- (A) the Center for Hemispheric Defense Studies, the United States Air Force's Inter-American Air Forces Academy, and the United States Navy's Small Craft Instruction and Technical Training School; (B) courses taken by Latin American military personnel with members of the United States Armed Forces at numerous institutions in the United States; and (C) training with some of the more than 50,000 members of the United States Armed Forces who serve on active duty in Latin America each year. (5) Graduates of the United States Army School of the Americas include some of the worst human rights abusers in the western hemisphere, including-- (A) 19 Salvadoran soldiers linked to the 1989 murder of six Jesuit priests and their housekeeper and her daughter; (B) two of the three officers prosecuted by Guatemala for being intellectual authors of the killing of anthropologist Myrna Mack in 1992, as well as several leaders of the notorious Guatemalan military intelligence unit D-2; (C) one-half of the 247 Colombian army officers cited in the definitive work on Colombian human rights abuses, El Terrorismo de Estado en Colombia, 1992; (D) El Salvador death squad leader Roberto D'Aubuisson; (E) Panamanian dictator and drug dealer Manuel Noriega; (F) Argentinian dictator Leopoldo Galtieri, a leader of the so-called ``dirty war'', during which some 30,000 civilians were killed or disappeared; (G) Haitian Colonel Gambetta Hyppolite, who ordered his soldiers to fire on a provincial electoral bureau in 1987; (H) two of the three killers of Archbishop Oscar Romero of El Salvador; (I) 10 of the 12 officers responsible for the murder of 900 civilians in the El Salvadoran village El Mozote; and (J) three of the five officers involved in the 1980 rape and murder of four United States churchwomen in El Salvador. (6) Despite sustained congressional and public pressure, the United States Army School of the Americas has implemented only limited reforms of its curriculum. (7) The continued operation of the United States Army School of the Americas continues to associate the United States with the abuses of its graduates. SEC. 2. CLOSURE OF UNITED STATES ARMY SCHOOL OF THE AMERICAS. (a) Closure Required.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Army shall close the military education and training facility known as the United States Army School of the Americas located at Fort Benning, Georgia. (b) Repeal of Statutory Authority.--(1) Section 4415 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 407 of such title is amended by striking out the item relating to such section. SEC. 3. SENSE OF CONGRESS REGARDING ALL OTHER TRAINING OF FOREIGN MILITARY PERSONNEL BY THE UNITED STATES. (a) Sense of Congress.--It is the sense of Congress that, in each training activity undertaken by the United States with foreign security forces, the Secretary of Defense (or any other executive branch official who may be overseeing the training activity) should-- (1) substantially increase emphasis upon respect for human rights, the proper role of a military within a democratic society, and accountable and transparent management of defense and security policy; and (2) vigorously implement Department of Defense regulations regarding the screening of foreign candidates for inclusion in the training activity to ensure that the United States does not train individuals implicated in human rights abuses, illegal drug trafficking, or corruption. (b) Training Activity Defined.--In subsection (a), the term ``training activity'' means any activity in which the United States provides military education and training for foreign security forces, whether conducted in the United States or abroad, including international military education and training under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.), international narcotics control under chapter 8 of part I of such Act (22 U.S.C. 2291 et seq.), activities under section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note), and activities under the major force program for special operations forces of the United States.
Directs the Secretary of the Army to close the military education and training facility known as the United States Army School of the Americas at Fort Benning, Georgia. Repeals current statutory authority for the School. Expresses the sense of the Congress that, in each training activity undertaken by the United States with foreign security forces, the Secretary of Defense should: (1) substantially increase emphasis upon respect for human rights, the proper role of a military within a democratic society, and appropriate management of defense and security policy; and (2) implement Department of Defense regulations regarding the screening of foreign candidates for inclusion in the training activity to ensure that the United States does not train individuals implicated in human rights abuses, illegal drug trafficking, or corruption.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Board Retirement Portability Act''. SEC. 2. PORTABILITY OF SERVICE CREDIT. (a) Creditable Service.-- (1) In general.--Section 8411(b) of title 5, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) in paragraph (4)-- (i) by striking ``of the preceding provisions'' and inserting ``other paragraph''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(5) a period of service (other than any service under any other paragraph of this subsection, any military service, and any service performed in the employ of a Federal Reserve Bank) that was creditable under the Bank Plan (as defined in subsection (i)), if the employee waives credit for such service under the Bank Plan and makes a payment to the Fund equal to the amount that would have been deducted from pay under section 8422(a) had the employee been subject to this chapter during such period of service (together with interest on such amount computed under paragraphs (2) and (3) of section 8334(e)). Paragraph (5) shall not apply in the case of any employee as to whom subsection (g) (or, to the extent subchapter III of chapter 83 is involved, section 8332(n)) otherwise applies.''. (2) Bank plan defined.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(i) For purposes of subsection (b)(5), the term `Bank Plan' means the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter).''. (b) Exclusion From Chapter 84.-- (1) In general.--Paragraph (2) of section 8402(b) of title 5, United States Code, is amended by striking the matter before subparagraph (B) and inserting the following: ``(2)(A) any employee or Member who has separated from the service after-- ``(i) having been subject to-- ``(I) subchapter III of chapter 83 of this title; ``(II) subchapter I of chapter 8 of title I of the Foreign Service Act of 1980; or ``(III) the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act; and ``(ii) having completed-- ``(I) at least 5 years of civilian service creditable under subchapter III of chapter 83 of this title; ``(II) at least 5 years of civilian service creditable under subchapter I of chapter 8 of title I of the Foreign Service Act of 1980; or ``(III) at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act, determined without regard to any deposit or redeposit requirement under either such subchapter or under such benefit structure, or any requirement that the individual become subject to either such subchapter or to such benefit structure after performing the service involved; or''. (2) Exception.--Subsection (d) of section 8402 of title 5, United States Code, is amended to read as follows: ``(d) Paragraph (2) of subsection (b) shall not apply to an individual who-- ``(1) becomes subject to-- ``(A) subchapter II of chapter 8 of title I of the Foreign Service Act of 1980 (relating to the Foreign Service Pension System) pursuant to an election; or ``(B) the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter); and ``(2) subsequently enters a position in which, but for paragraph (2) of subsection (b), such individual would be subject to this chapter.''. (c) Provisions Relating to Certain Former Employees.--A former employee of the Board of Governors of the Federal Reserve System who-- (1) has at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act; (2) was subsequently employed subject to the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of chapter 84 of title 5, United States Code); and (3) after service described in paragraph (2), becomes subject to and thereafter entitled to benefits under chapter 84 of title 5, United States Code, shall, for purposes of section 302 of the Federal Employees' Retirement System Act of 1986 (100 Stat. 601; 5 U.S.C. 8331 note) be considered to have become subject to chapter 84 of title 5, United States Code, pursuant to an election under section 301 of such Act. (d) Effective Date.-- (1) In general.--Subject to succeeding provisions of this subsection, this section and the amendments made by this section shall take effect on the date of enactment of this Act. (2) Provisions relating to creditability and certain former employees.--The amendments made by subsection (a) and the provisions of subsection (c) shall apply only to individuals who separate from service subject to chapter 84 of title 5, United States Code, on or after the date of enactment of this Act. (3) Provisions relating to exclusion from chapter.--The amendments made by subsection (b) shall not apply to any former employee of the Board of Governors of the Federal Reserve System who, subsequent to his or her last period of service as an employee of the Board of Governors of the Federal Reserve System and prior to the date of enactment of this Act, became subject to subchapter III of chapter 83 or chapter 84 of title 5, United States Code, under the law in effect at the time of the individual's appointment. SEC. 3. CERTAIN TRANSFERS TO BE TREATED AS A SEPARATION FROM SERVICE FOR PURPOSES OF THE THRIFT SAVINGS PLAN. (a) Amendments to Chapter 84 of Title 5, United States Code.-- (1) In general.--Subchapter III of chapter 84 of title 5, United States Code, is amended by inserting before section 8432 the following: ``Sec. 8431. Certain transfers to be treated as a separation ``(a) For purposes of this subchapter, separation from Government employment includes a transfer from a position that is subject to one of the retirement systems described in subsection (b) to a position that is not subject to any of them. ``(b) The retirement systems described in this subsection are-- ``(1) the retirement system under this chapter; ``(2) the retirement system under subchapter III of chapter 83; and ``(3) any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay.''. (2) Clerical amendment.--The table of sections for chapter 84 of title 5, United States Code, is amended by inserting before the item relating to section 8432 the following: ``8431. Certain transfers to be treated as a separation.''. (b) Conforming Amendments.--Subsection (b) of section 8351 of title 5, United States Code, is amended by redesignating paragraph (11) as paragraph (8), and by adding at the end the following: ``(9) For the purpose of this section, separation from Government employment includes a transfer described in section 8431.''. (c) Effective Date.--The amendments made by this section shall apply with respect to transfers occurring before, on, or after the date of enactment of this Act, except that, for purposes of applying such amendments with respect to any transfer occurring before such date of enactment, the date of such transfer shall be considered to be the date of enactment of this Act. The Executive Director (within the meaning of section 8401(13) of title 5, United States Code) may prescribe any regulations necessary to carry out this subsection. SEC. 4. CLARIFYING AMENDMENTS. (a) In General.--Subsection (f) of section 3304 of title 5, United States Code, as added by section 2 of Public Law 105-339, is amended-- (1) by striking paragraph (4); (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by inserting after paragraph (1) the following: ``(2) If selected, a preference eligible or veteran described in paragraph (1) shall acquire competitive status and shall receive a career or career-conditional appointment, as appropriate.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if enacted on October 31, 1998. Passed the House of Representatives March 16, 1999. Attest: JEFF TRANDAHL, Clerk.
Federal Reserve Board Retirement Portability Act - Includes as creditable service of a Federal employee or Member of Congress for purposes of Federal Employees Retirement System (FERS) provisions a period of service (other than any service already creditable under FERS, any military service, and any service performed in the employ of a Federal Reserve Bank) that was creditable under the Bank Plan (the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate), if the employee waives credit for such service under the Bank Plan and makes a payment to the Thrift Savings Fund equal to the amount that would have been deducted from pay had the employee been subject to FERS during such period of service (together with interest on such amount computed). Excludes from participation in FERS any employee or Member who has separated from civilian service after having been subject to the benefit structure for employees of the Board appointed before January 1, 1984, and having at least five years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under such benefit structure, except for such persons who subsequently enter a position subject to FERS provisions. Makes the amendments regarding creditability and certain former Board employees applicable only to individuals who separate from service subject to FERS on or after the date of enactment of this Act. (Sec. 3) Treats as a separation from Government employment, for purposes of the Thrift Savings Plan, any transfer from a position that is subject to FERS, CSRS, or any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay, to a position that is not subject to any of them. (Sec. 4) Amends competitive service examination provisions to: (1) repeal the requirement that the Office of Personnel Management establish an appointing authority to appoint preference eligibles and veterans who have been separated from the armed forces under honorable conditions after three or more years of active service; and (2) require such a preference eligible or veteran, if selected, to acquire competitive status and receive a career or career-conditional appointment.
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SECTION 1. FINDINGS. Congress makes the following findings: (1) Since 1988, three cost-sharing payment programs that provide certain low-income elderly and disabled individuals with financial assistance in covering Medicare beneficiary costs have been established by law. (2) While eligibility for Medicare cost-sharing assistance has expanded, and while the Social Security Administration, the Health Care Financing Administration, and State agencies are working cooperatively to identify and implement reforms to cure the chronic deficiencies associated with the programs described in paragraph (1), reports have shown that gaps in beneficiary knowledge and deficiencies in program administration by Federal and State agencies present persistent barriers to enrolling eligible beneficiaries in such programs. (3) The financial plight of Social Security and Medicare beneficiaries who experience critical income shifts due to the death of a spouse is of particular concern. Statistics furnished by the Social Security Administration show that 40 percent of nonmarried women (a category that includes widows) rely on Social Security benefits for 90 percent of their income in comparison to only 18 percent of married couples. Further, nearly \1/4\ of nonmarried women rely on Social Security retirement benefits as their sole source of income. (4) While current reform proposals concentrate on reaching potential eligible beneficiaries upon initial enrollment in Social Security or Medicare, the financial vulnerability of widowed spouses can arise at any time after a senior has begun to receive retirement benefits. SEC. 2. DEMONSTRATION PROJECT. (a) Establishment.-- (1) Outreach.--The Commissioner shall establish a demonstration project to conduct outreach efforts to-- (A) identify individuals entitled to benefits under the medicare program who may be eligible for medical assistance for payment of the cost of medicare cost- sharing under the medicaid program pursuant to sections 1902(a)(10)(E) and 1933 of the Social Security Act (42 U.S.C. 1396a(a)(10)(E); 1396u-3); and (B) notify such individuals of the availability of such medical assistance under such sections. (2) Content of notice.--Any notice furnished under paragraph (1) shall state that eligibility for medicare cost- sharing assistance under such sections is conditioned upon the individual providing an accurate statement as to whether or not the individual has tax-exempt income, and, if so, the amount of such income and, in the case of an individual residing in a State that imposes an asset test for such eligibility, the amount of countable assets the individual has. (b) Coordination With States and Other Federal Agencies.-- (1) Furnishing information to states.--In conducting the demonstration project established under subsection (a), the Commissioner shall furnish the appropriate agency of each State with information consisting of the identity of individuals residing in the State that the Commissioner determines are or may be eligible for medical assistance for payment of the cost of medicare cost-sharing under the medicaid program under sections 1902(a)(10)(E) and 1933 of the Social Security Act, and shall periodically update any such information as appropriate. (2) Coordination with irs and hcfa.--Except as otherwise prohibited by law, in conducting such demonstration project the Commissioner, in cooperation with the Commissioner of the Internal Revenue Service and the Administrator of the Health Care Financing Administration, shall furnish the appropriate agency of each State with available income and asset information of individuals residing in the State who are or may be eligible for the medical assistance described in paragraph (1). (c) Duration.--The Commissioner shall conduct the demonstration project during the 1-year period beginning on October 1, 1998. (d) Report.--Not later than 6 months after the completion of the demonstration project, the Commissioner, after consultation with the Commissioner of the Internal Revenue Service and the Administrator of the Health Care Financing Administration, shall submit to Congress a report on the outreach efforts and results of such efforts under the project. The report may include any recommendations for legislative or administrative actions to further carry out the purpose of the project. (e) Definitions.--In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of Social Security. (2) Medicaid program.--The term ``medicaid program'' means the program of medical assistance established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) Medicare program.--The term ``medicare program'' means the health insurance program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (f) Authorization of Appropriations.--From sums made available to the Social Security Administration for fiscal year 1999 to carry out research and demonstrations activities, not more than $5,000,000 may be obligated to carry out the demonstration project under this Act.
Directs the Commissioner of the Social Security Administration to establish a demonstration project to conduct outreach efforts to increase awareness of the availability of assistance under title XIX (Medicaid) of the Social Security Act to eligible low-income Medicare beneficiaries for Medicare cost-sharing. Authorizes appropriations.
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SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Infrastructure Investment Act of 2010''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; amendment of 1986 Code; table of contents. Sec. 2. Extension of Build America Bonds. Sec. 3. Exempt-facility bonds for sewage and water supply facilities. Sec. 4. Extension of exemption from alternative minimum tax treatment for certain tax-exempt bonds. Sec. 5. Extension and additional allocations of recovery zone bond authority. Sec. 6. Allowance of new markets tax credit against alternative minimum tax. Sec. 7. Extension of tax-exempt eligibility for loans guaranteed by Federal home loan banks. Sec. 8. Extension of temporary small issuer rules for allocation of tax-exempt interest expense by financial institutions. SEC. 2. EXTENSION OF BUILD AMERICA BONDS. (a) In General.--Subparagraph (B) of section 54AA(d)(1) is amended by striking ``January 1, 2011'' and inserting ``January 1, 2013''. (b) Extension of Payments to Issuers.-- (1) In general.--Section 6431 is amended-- (A) by striking ``January 1, 2011'' in subsection (a) and inserting ``January 1, 2013''; and (B) by striking ``January 1, 2011'' in subsection (f)(1)(B) and inserting ``a particular date''. (2) Conforming amendments.--Subsection (g) of section 54AA is amended-- (A) by striking ``January 1, 2011'' and inserting ``January 1, 2013''; and (B) by striking ``Qualified Bonds Issued Before 2011'' in the heading and inserting ``Certain Qualified Bonds''. (c) Reduction in Percentage of Payments to Issuers.--Subsection (b) of section 6431 is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; (2) by striking ``35 percent'' and inserting ``the applicable percentage''; and (3) by adding at the end the following new paragraph: ``(2) Applicable percentage.--For purposes of this subsection, the term `applicable percentage' means the percentage determined in accordance with the following table: ---------------------------------------------------------------------------------------------------------------- ``In the case of a qualified bond issued during calendar year: The applicable percentage is: ---------------------------------------------------------------------------------------------------------------- 2009 or 2010............................................... 35 percent 2011....................................................... 32 percent 2012....................................................... 30 percent.''. ---------------------------------------------------------------------------------------------------------------- (d) Current Refundings Permitted.--Subsection (g) of section 54AA is amended by adding at the end the following new paragraph: ``(3) Treatment of current refunding bonds.-- ``(A) In general.--For purposes of this subsection, the term `qualified bond' includes any bond (or series of bonds) issued to refund a qualified bond if-- ``(i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. ``(B) Applicable percentage.--In the case of a refunding bond referred to in subparagraph (A), the applicable percentage with respect to such bond under section 6431(b) shall be the lowest percentage specified in paragraph (2) of such section. ``(C) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A).''. (e) Clarification Related to Levees and Flood Control Projects.-- Subparagraph (A) of section 54AA(g)(2) is amended by inserting ``(including capital expenditures for levees and other flood control projects)'' after ``capital expenditures''. SEC. 3. EXEMPT-FACILITY BONDS FOR SEWAGE AND WATER SUPPLY FACILITIES. (a) Bonds for Water and Sewage Facilities Exempt From Volume Cap on Private Activity Bonds.-- (1) In general.--Paragraph (3) of section 146(g) is amended by inserting ``(4), (5),'' after ``(2),''. (2) Conforming amendment.--Paragraphs (2) and (3)(B) of section 146(k) are both amended by striking ``(4), (5), (6),'' and inserting ``(6)''. (b) Tax-Exempt Issuance by Indian Tribal Governments.-- (1) In general.--Subsection (c) of section 7871 is amended by adding at the end the following new paragraph: ``(4) Exception for bonds for water and sewage facilities.--Paragraph (2) shall not apply to an exempt facility bond 95 percent or more of the net proceeds (as defined in section 150(a)(3)) of which are to be used to provide facilities described in paragraph (4) or (5) of section 142(a).''. (2) Conforming amendment.--Paragraph (2) of section 7871(c) is amended by striking ``paragraph (3)'' and inserting ``paragraphs (3) and (4)''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 4. EXTENSION OF EXEMPTION FROM ALTERNATIVE MINIMUM TAX TREATMENT FOR CERTAIN TAX-EXEMPT BONDS. (a) In General.--Clause (vi) of section 57(a)(5)(C) is amended-- (1) by striking ``January 1, 2011'' in subclause (I) and inserting ``January 1, 2012''; and (2) by striking ``and 2010'' in the heading and inserting ``, 2010, and 2011''. (b) Adjusted Current Earnings.--Clause (iv) of section 56(g)(4)(B) is amended-- (1) by striking ``January 1, 2011'' in subclause (I) and inserting ``January 1, 2012''; and (2) by striking ``and 2010'' in the heading and inserting ``, 2010, and 2011''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2010. SEC. 5. EXTENSION AND ADDITIONAL ALLOCATIONS OF RECOVERY ZONE BOND AUTHORITY. (a) Extension of Recovery Zone Bond Authority.--Section 1400U- 2(b)(1) and section 1400U-3(b)(1)(B) are each amended by striking ``January 1, 2011'' and inserting ``January 1, 2012''. (b) Additional Allocations of Recovery Zone Bond Authority Based on Unemployment.--Section 1400U-1 is amended by adding at the end the following new subsection: ``(c) Allocation of 2010 Recovery Zone Bond Limitations Based on Unemployment.-- ``(1) In general.--The Secretary shall allocate the 2010 national recovery zone economic development bond limitation and the 2010 national recovery zone facility bond limitation among the States in the proportion that each such State's 2009 unemployment number bears to the aggregate of the 2009 unemployment numbers for all of the States. ``(2) Minimum allocation.--The Secretary shall adjust the allocations under paragraph (1) for each State to the extent necessary to ensure that no State (prior to any reduction under paragraph (3)) receives less than 0.9 percent of the 2010 national recovery zone economic development bond limitation and 0.9 percent of the 2010 national recovery zone facility bond limitation. ``(3) Allocations by states.-- ``(A) In general.--Each State with respect to which an allocation is made under paragraph (1) shall reallocate such allocation among the counties and large municipalities (as defined in subsection (a)(3)(B)) in such State in the proportion that each such county's or municipality's 2009 unemployment number bears to the aggregate of the 2009 unemployment numbers for all the counties and large municipalities (as so defined) in such State. ``(B) 2010 allocation reduced by amount of previous allocation.--Each State shall reduce (but not below zero)-- ``(i) the amount of the 2010 national recovery zone economic development bond limitation allocated to each county or large municipality (as so defined) in such State by the amount of the national recovery zone economic development bond limitation allocated to such county or large municipality under subsection (a)(3)(A) (determined without regard to any waiver thereof), and ``(ii) the amount of the 2010 national recovery zone facility bond limitation allocated to each county or large municipality (as so defined) in such State by the amount of the national recovery zone facility bond limitation allocated to such county or large municipality under subsection (a)(3)(A) (determined without regard to any waiver thereof). ``(C) Waiver of suballocations.--A county or municipality may waive any portion of an allocation made under this paragraph. A county or municipality shall be treated as having waived any portion of an allocation made under this paragraph which has not been allocated to a bond issued before May 1, 2011. Any allocation waived (or treated as waived) under this subparagraph may be used or reallocated by the State. ``(D) Special rule for a municipality in a county.--In the case of any large municipality any portion of which is in a county, such portion shall be treated as part of such municipality and not part of such county. ``(4) 2009 unemployment number.--For purposes of this subsection, the term `2009 unemployment number' means, with respect to any State, county or municipality, the number of individuals in such State, county, or municipality who were determined to be unemployed by the Bureau of Labor Statistics for December 2009. ``(5) 2010 national limitations.-- ``(A) Recovery zone economic development bonds.-- The 2010 national recovery zone economic development bond limitation is $10,000,000,000. Any allocation of such limitation under this subsection shall be treated for purposes of section 1400U-2 in the same manner as an allocation of national recovery zone economic development bond limitation. ``(B) Recovery zone facility bonds.--The 2010 national recovery zone facility bond limitation is $15,000,000,000. Any allocation of such limitation under this subsection shall be treated for purposes of section 1400U-3 in the same manner as an allocation of national recovery zone facility bond limitation.''. (c) Authority of State To Waive Certain 2009 Allocations.-- Subparagraph (A) of section 1400U-1(a)(3) is amended by adding at the end the following: ``A county or municipality shall be treated as having waived any portion of an allocation made under this subparagraph which has not been allocated to a bond issued before May 1, 2011. Any allocation waived (or treated as waived) under this subparagraph may be used or reallocated by the State.''. SEC. 6. ALLOWANCE OF NEW MARKETS TAX CREDIT AGAINST ALTERNATIVE MINIMUM TAX. (a) In General.--Subparagraph (B) of section 38(c)(4) is amended by redesignating clauses (v) through (ix) as clauses (vi) through (x), respectively, and by inserting after clause (iv) the following new clause: ``(v) the credit determined under section 45D, but only with respect to credits determined with respect to qualified equity investments (as defined in section 45D(b)) initially made before January 1, 2012,''. (b) Effective Date.--The amendments made by this section shall apply to credits determined with respect to qualified equity investments (as defined in section 45D(b) of the Internal Revenue Code of 1986) initially made after March 15, 2010. SEC. 7. EXTENSION OF TAX-EXEMPT ELIGIBILITY FOR LOANS GUARANTEED BY FEDERAL HOME LOAN BANKS. Clause (iv) of section 149(b)(3)(A) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2011''. SEC. 8. EXTENSION OF TEMPORARY SMALL ISSUER RULES FOR ALLOCATION OF TAX-EXEMPT INTEREST EXPENSE BY FINANCIAL INSTITUTIONS. (a) In General.--Clauses (i), (ii), and (iii) of section 265(b)(3)(G) are each amended by striking ``or 2010'' and inserting ``, 2010, or 2011''. (b) Conforming Amendment.--Subparagraph (G) of section 265(b)(3) is amended by striking ``and 2010'' in the heading and inserting ``, 2010, and 2011''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2010.
American Infrastructure Investment Act of 2010 - Amends the Internal Revenue Code to extend until January 1, 2013, the period for issuing Build America Bonds and for credits allowable to issuers of such bonds. Allows funding through such bonds for capital expenditures for levees and flood control projects. Exempts private activity bonds for sewage and water supply facilities from the state volume caps applicable to such bonds. Allows Indian tribal governments to issue tax-exempt private activity bonds to provide water or sewage facilities. Extends through 2011 the exemption from alternative minimum tax (AMT) treatment of interest on certain tax-exempt bonds. Extends through 2011 the period for issuing recovery zone economic development bonds and recovery zone facility bonds. Requires the Secretary of the Treasury to allocate 2010 national limitations on recovery bonds based upon state unemployment statistics. Allows a full offset against the AMT for new market tax credit amounts. Extends through 2011: (1) the tax exemption allowed for interest on bonds guaranteed by a federal home loan bank; and (2) small issuer rules for the allocation of tax-exempt interest expense by financial institutions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Employment Discrimination Resolution and Adjudication Act''. SEC. 2. EQUAL EMPLOYMENT RESPONSIBILITIES IN THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--(1) Chapter 5 of title 38, United States Code, is amended by inserting at the end of subchapter I the following new section: ``Sec. 516. Equal employment responsibilities ``(a) The Secretary shall provide that the employment discrimination complaint resolution system within the Department be established and administered so as to encourage timely and fair resolution of concerns and complaints. The Secretary shall take steps to ensure that the system is administered in an objective, fair, and effective manner and in a manner that is perceived by employees and other interested parties as being objective, fair, and effective. ``(b) The Secretary shall provide-- ``(1) that employees responsible for counseling functions associated with employment discrimination and for receiving, investigating, and processing complaints of employment discrimination shall be supervised in those functions by, and report to, an Assistant Secretary or a Deputy Assistant Secretary for complaint resolution management; and ``(2) that employees performing employment discrimination complaint resolution functions at a facility of the Department shall not be subject to the authority, direction, and control of the Director of the facility with respect to those functions. ``(c) The Secretary shall ensure that all employees of the Department receive adequate education and training for the purposes of this section and section 319 of this title. ``(d) The Secretary shall impose appropriate disciplinary measures, as authorized by law, in the case of employees of the Department who engage in unlawful employment discrimination, including retaliation against an employee asserting rights under an equal employment opportunity law. ``(e) The number of employees of the Department whose duties include equal employment opportunity counseling functions as well as other, unrelated functions may not exceed 40 full-time equivalent employees. Any such employee may be assigned equal employment opportunity counseling functions only at Department facilities in remote geographic locations (as determined by the Secretary). The Secretary may waive the limitation in the preceding sentence in specific cases. ``(f) The provisions of this section shall be implemented in a manner consistent with procedures applicable under regulations prescribed by the Equal Employment Opportunity Commission.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 515 the following new item: ``516. Equal employment responsibilities.''. (b) Reports on Implementation.--The Secretary of Veterans Affairs shall submit to Congress reports on the implementation and operation of the equal employment opportunity system within the Department of Veterans Affairs. The first such report shall be submitted not later than April 1, 1998, and subsequent reports shall be submitted not later than January 1, 1999, and January 1, 2000. Each such report shall set forth the actions taken by the Secretary to implement section 516 of title 38, United States Code, as added by subsection (a), and other actions taken by the Secretary in relation to the equal employment opportunity system within the Department of Veterans Affairs. SEC. 3. DISCRIMINATION COMPLAINT ADJUDICATION AUTHORITY IN THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--(1) Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 319. Office of Employment Discrimination Complaint Adjudication ``(a)(1) There is in the Department an Office of Employment Discrimination Complaint Adjudication. There is at the head of the Office a Director. ``(2) The Director shall be a career appointee in the Senior Executive Service. ``(3) The Director reports directly to the Secretary or the Deputy Secretary concerning matters within the responsibility of the Office. ``(b)(1) The Director is responsible for making the final agency decision within the Department on the merits of any employment discrimination complaint filed by an employee, or an applicant for employment, with the Department. The Director shall make such decisions in an impartial and objective manner. ``(2) No person may make any ex parte communication to the Director or to any employee of the Office with respect to a matter on which the Director has responsibility for making a final agency decision. ``(c) Whenever the Director has reason to believe that there has been retaliation against an employee by reason of the employee asserting rights under an equal employment opportunity law, the Director shall report the suspected retaliatory action directly to the Secretary or Deputy Secretary, who shall take appropriate action thereon. ``(d)(1) The Office shall employ a sufficient number of attorneys and other personnel as are necessary to carry out the functions of the Office. Attorneys shall be compensated at a level commensurate with attorneys employed by the Office of General Counsel. ``(2) The Secretary shall ensure that the Director is furnished sufficient resources in addition to personnel under paragraph (1) to enable the Director to carry out the functions of the Office in a timely manner. ``(3) The Secretary shall ensure that any performance appraisal of the Director of the Office of Employment Discrimination Complaint Adjudication or of any employee of the Office does not take into consideration the record of the Director or employee in deciding cases for or against the Department.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``319. Office of Employment Discrimination Complaint Adjudication.''. (b) Reports on Implementation.--The Director of the Office of Employment Discrimination Complaint Adjudication of the Department of Veterans Affairs (established by section 319 of title 38, United States Code, as added by subsection (a)) shall submit to the Secretary and to Congress reports on the implementation and the operation of that office. The first such report shall be submitted not later than April 1, 1998, and subsequent reports shall be submitted not later than January 1, 1999, and January 1, 2000. SEC. 4. EFFECTIVE DATE. Sections 516 and 319 of title 38, United States Code, as added by sections 2 and 3 of this Act, shall take effect 90 days after the date of the enactment of this Act. SEC. 5. INDEPENDENT PANEL TO REVIEW EQUAL EMPLOYMENT OPPORTUNITY AND SEXUAL HARASSMENT PROCEDURES WITHIN THE DEPARTMENT OF VETERANS AFFAIRS. (a) Establishment.--There is hereby established a panel to review the equal employment opportunity and sexual harassment practices and procedures within the Department of Veterans Affairs and to make recommendations on improvements to those practices and procedures. (b) Panel Functions Relating to Equal Employment Opportunity and Sexual Harassment.--The panel shall assess the culture of the Department of Veterans Affairs in relationship to the issues of equal employment opportunity and sexual harassment, determine the effect of that culture on the operation of the Department overall, and provide recommendations as necessary to change that culture. As part of the review, the panel shall do the following: (1) Determine whether laws relating to equal employment opportunity and sexual harassment, as those laws apply to the Department of Veterans Affairs, and regulations and policy directives of the Department relating to equal employment opportunity and sexual harassment have been consistently and fairly applied throughout the Department and make recommendations to correct any disparities. (2) Review practices of the Department of Veterans Affairs, relevant studies, and private sector training and reporting concepts as those practices, studies, and concepts pertain to equal employment opportunity, sexual misconduct, and sexual harassment policies and enforcement. (3) Provide an independent assessment of the Report on the Equal Employment Opportunity Complaint Process Review Task Force of the Department. (c) Composition.--(1) The panel shall be composed of six members, appointed as follows: (A) Three members shall be appointed jointly by the chairman and ranking minority party member of the Committee on Veterans' Affairs of the House of Representatives. (B) Three members shall be appointed jointly by the chairman and ranking minority party member of the Committee on Veterans' Affairs of the Senate. (2) The members of the panel shall choose one of the members to chair the panel. (d) Qualifications.--Members of the panel shall be appointed from among private United States citizens with knowledge and expertise in one or more of the following: (1) Extensive prior military experience, particularly in the area of personnel policy management. (2) Extensive experience with equal employment opportunity complaint procedures, either within Federal or State government or in the private sector. (3) Extensive knowledge of the Department of Veterans Affairs, and particularly knowledge of personnel practices within the Department. (e) Reports.--(1) Not later than six months after the members of the panel are appointed, the panel shall submit an interim report on its findings and conclusions to the Committees on Veterans' Affairs of the Senate and House of Representatives. (2) Not later than one year after establishment of the panel, the panel shall submit a final report to the Committees on Veterans' Affairs of the Senate and House of Representatives. The final report shall include an assessment of the equal employment opportunity system and the culture within the Department of Veterans Affairs, with particular emphasis on sexual harassment. The panel shall include in the report recommendations to improve the culture within the Department. (f) Pay and Expenses of Members.--(1) Each member of the panel shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the panel. (2) The members of the panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the panel. (g) Administrative Support.--The Chairman may hire such staff as necessary to accomplish the duties outlined under this title. (h) Funding.--The Secretary of Veterans Affairs shall, upon the request of the panel, make available to the panel such amounts as the panel may require, not to exceed $400,000, to carry out its duties under this title. (i) Termination of Panel.--The panel shall terminate 60 days after the date on which it submits its final report under subsection (e)(2). Passed the House of Representatives October 6, 1997. Attest: ROBIN H. CARLE, Clerk.
Department of Veterans Affairs Employment Discrimination Resolution and Adjudication Act - Directs the Secretary of Veterans Affairs to provide that the employment discrimination complaint resolution system within the Department of Veterans Affairs be established and administered so as to encourage timely and fair resolution of concerns and complaints and that the system is administered in an objective, fair, and effective manner as perceived by Department employees. Directs the Secretary to impose appropriate disciplinary measures for Department employees who engage in unlawful employment discrimination, including retaliation against employees asserting equal employment opportunity (EEO) rights. Limits to 40 the number of Department employees whose duties include EEO counseling functions as well as other unrelated functions. Allows such splitting of functions only at Department facilities located in remote geographic locations. Directs the Secretary to submit to the Congress reports on the implementation and operation of the EEO system within the Department. Establishes in the Department an Office of Employment Discrimination Complaint Adjudication headed by a Director who shall be responsible for making final agency decisions on the merits of any unlawful employment discrimination complaints filed by a Department employee. Requires the Director to report to the Secretary or Deputy Secretary of Veterans Affairs when the Director has reason to believe that there has been retaliation against an employee asserting EEO rights. Requires the Director to submit to the Secretary and the Congress reports on the implementation and operation of the Office. Establishes an independent panel to review and report to the veterans' committees on the EEO and sexual harassment practices and procedures within the Department and to make recommendations on improvements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Water Research Integration Act of 2014''. SEC. 2. INTEGRATING ENERGY AND WATER RESEARCH. (a) In General.--The Secretary of Energy shall integrate water considerations into energy research, development, and demonstration programs and projects of the Department of Energy by-- (1) advancing energy and energy efficiency technologies and practices that meet the objectives of-- (A) minimizing freshwater withdrawal and consumption; (B) increasing water use efficiency; and (C) utilizing nontraditional water sources with efforts to improve the quality of the water from those sources; (2) considering the effects climate variability may have on water supplies and quality for energy generation and fuel production; and (3) improving understanding of the energy-water nexus. (b) Strategic Plan.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary shall develop a strategic plan identifying the research, development, and demonstration needs for Department programs and projects to carry out subsection (a). The strategic plan shall include technical milestones for achieving and assessing progress toward the objectives of subsection (a)(1). (2) Specific considerations.--In developing the strategic plan, the Secretary shall consider-- (A) new advanced cooling technologies for energy generation and fuel production technologies; (B) performance improvement of existing cooling technologies and cost reductions associated with using those technologies; (C) innovative water reuse, recovery, and treatment technologies in energy generation and fuel production; (D) technology development for carbon capture and storage systems that utilize efficient water use design strategies; (E) technologies that are life-cycle cost effective; (F) systems analysis and modeling of issues relating to the energy-water nexus; (G) technologies to treat and utilize wastewater and produced waters discharged from oil, natural gas, coalbed methane, and any other substance to be used as an energy source; (H) advanced materials for the use of nontraditional water sources for energy generation and fuel production; (I) biomass production and utilization and the impact on hydrologic systems; (J) technologies that reduce impacts on water from energy resource development; (K) energy efficient technologies for water distribution, treatment, and collection systems; (L) technologies for energy generation from water distribution, treatment, and collection systems; and (M) any other area of the energy-water nexus that the Secretary considers appropriate. (3) Collaboration and nonduplication.--In developing the strategic plan, the Secretary shall coordinate and avoid duplication-- (A) with other Federal agencies operating related programs, if appropriate; and (B) across programs and projects of the Department, including with those of the National Laboratories. (4) Relevant information and recommendations.--In developing the strategic plan, the Secretary shall consider and incorporate, as appropriate, relevant information and recommendations, including those of the National Water Availability and Use Assessment Program under section 9508(d) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10368(d)). (5) Additional participation.--In developing the strategic plan, the Secretary shall consult and coordinate with a diverse group of representatives from research and academic institutions, industry, and State and local governments who have expertise in technologies and practices relating to the energy-water nexus. (6) Submission to congress.--Not later than 15 months after the date of enactment of this Act, the Secretary shall submit to Congress the strategic plan. (7) Updating the strategic plan.--Not later than 3 years after the date of enactment of this Act, and at least once every 5 years thereafter, the Secretary shall-- (A) utilize relevant information produced by Federal Government agencies, academia, States, and industry to update the strategic plan; (B) include in the updated strategic plan a description of the changes from the previous strategic plan and the rationale for such changes; and (C) submit the updated strategic plan to Congress. (c) Progress Reports.--Not less frequently than once every 2 years, the Secretary shall transmit to Congress a report on the progress the Department has made toward the milestones outlined in the strategic plan. (d) Additional Activities.--The Secretary may provide for such additional research, development, and demonstration activities as appropriate to integrate water considerations into the research, development, and demonstration activities of the Department as described in subsection (a). SEC. 3. ENERGY-WATER OVERSIGHT AND COORDINATION. (a) In General.--The Secretary, in coordination with other relevant Federal agencies, shall establish an Energy-Water Subcommittee of the Energy Advisory Board to promote and enable improved energy and water resource data collection, reporting, and technological innovation. The Subcommittee shall consist of-- (1) representation from each program within the Department and each Federal agency that conducts research related to the energy-water nexus; and (2) non-Federal members, including representatives of research and academic institutions, States, and industry, who have expertise in technologies and practices relating to the energy-water nexus. (b) Functions.--The Subcommittee shall-- (1) make recommendations on the development and integration of data collection and data communication standards and protocols to agencies and entities currently engaged in collecting the data for the energy-water nexus; (2) recommend ways to make improvements to Federal water use data to increase understanding of trends in energy generation and fuel production; (3) recommend best practices for utilizing information from existing monitoring networks to provide nationally uniform water and energy use and infrastructure data; and (4) conduct annual technical workshops, including at least 1 regional workshop annually, to facilitate information exchange among Federal, regional, State, local, and tribal governments and private sector experts on technologies that encourage the conservation and efficient use of water and energy. (c) Reports.--Not later than 1 year after the date of enactment of this Act, and at least once every 2 years thereafter, the Subcommittee, through the Secretary, shall transmit to Congress a report on its findings and activities under this section. SEC. 4. MANDATES. Nothing in this Act shall be construed to require State, tribal, or local governments to take any action that may result in an increased financial burden to such governments by restricting the use of water by such governments. SEC. 5. COORDINATION AND NONDUPLICATION. To the maximum extent practicable, the Secretary shall coordinate activities under this Act with other programs of the Department and other Federal research programs. SEC. 6. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) Energy-water nexus.--The term ``energy-water nexus'' means the energy required to provide reliable water supplies and the water required to provide reliable energy supplies throughout the United States. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) Subcommittee.--The term ``Subcommittee'' means the Energy-Water Subcommittee of the Energy Advisory Board established under section 3(a).
Energy and Water Research Integration Act of 2014 - Requires the Department of Energy (DOE) to integrate water considerations into its energy research, development, and demonstration programs and projects by: (1) advancing energy and energy efficiency technologies and practices that meet the objectives of minimizing freshwater withdrawal and consumption, increasing water use efficiency, and utilizing nontraditional water sources with efforts to improve the quality of the water from those sources; (2) considering the effects climate variability may have on water supplies and quality for energy generation and fuel production; and (3) improving the understanding of the energy required to provide reliable water supplies and the water required to provide reliable energy supplies. Directs DOE to develop and update every five years a strategic plan to carry out the integration. Requires DOE to establish an Energy-Water Subcommittee of the Energy Advisory Board to promote and enable improved energy and water resource data collection, reporting, and technological innovation. Prohibits this Act from being construed to require state, tribal, or local governments to take any action that may result in an increased financial burden by restricting their water use.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Traumatic Brain Injury and Spinal Cord Injury Registry Act''. SEC. 2. FINDINGS. Congress finds that-- (1) traumatic brain and spinal cord injury are severe and disabling, have enormous personal and societal costs; (2) 51,000 people die each year from traumatic brain injury and 4,500,000 people live with lifelong and severe disability as a result of a traumatic brain injury; (3) approximately 10,000 people sustain spinal cord injuries each year, and 200,000 live with life-long and severe disability; and (4) a nationwide system of registries will help better define-- (A) who sustains such injuries and the impact of such injuries; (B) the range of impairments and disability associated with such injuries; and (C) better mechanisms to refer persons with traumatic brain injuries or spinal cord injuries to available services. SEC. 3. TRAUMATIC BRAIN INJURY AND SPINAL CORD INJURY REGISTRIES PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``Part O--National Program for Traumatic Brain Injury and Spinal Cord Injury Registries ``SEC. 399N. NATIONAL PROGRAM FOR TRAUMATIC BRAIN INJURY AND SPINAL CORD INJURY REGISTRIES. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States or their designees to operate the State's traumatic brain injury and spinal cord injury registry, and to academic institutions to conduct applied research that will support the development of such registries, to collect data concerning-- ``(1) demographic information about each traumatic brain injury or spinal cord injury; ``(2) information about the circumstances surrounding the injury event associated with each traumatic brain injury and spinal cord injury; ``(3) administrative information about the source of the collected information, dates of hospitalization and treatment, and the date of injury; ``(4) information characterizing the clinical aspects of the traumatic brain injury or spinal cord injury, including the severity of the injury, the types of treatments received, and the types of services utilized; ``(5) information on the outcomes associated with traumatic brain injuries and spinal cord injuries, such as impairments, functional limitations, and disability; ``(6) information on the outcomes associated with traumatic brain injuries and spinal cord injuries which do not result in hospitalization; and ``(7) other elements determined appropriate by the Secretary. ``(b) Eligibility for Grants.-- ``(1) In general.--No grant shall be made by the Secretary under subsection (a) unless an application has been submitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such a manner, and be accompanied by such information, as the Secretary may specify. No such application may be approved unless it contains assurances that the applicant will use the funds provided only for the purposes specified in the approved application and in accordance with the requirements of subsection (a), that the application will establish such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting of Federal funds paid to the applicant under subsection (a) of this section, and that the applicant will comply with review requirements under sections 491 and 492. ``(2) Establishment of registries.--Each applicant, prior to receiving Federal funds under subsection (a), shall provide for the establishment of a registry that will-- ``(A) comply with appropriate standards of completeness, timeliness, and quality of data collection; ``(B) provide for periodic reports of traumatic brain injury and spinal cord injury registry data; and ``(C) provide for the authorization under State law of the statewide traumatic brain injury and spinal cord injury registry, including promulgation of regulations providing-- ``(i) a means to assure timely and complete reporting of brain injuries and spinal cord injuries (as described in subsection (a)) to the statewide traumatic brain injury and spinal cord injury registry by hospitals or other facilities providing diagnostic or acute care or rehabilitative social services to patients with respect to traumatic brain injury and spinal cord injury; ``(ii) a means to assure the complete reporting of brain injuries and spinal cord injuries (as defined in subsection (a)) to the statewide traumatic brain injury and spinal cord injury registry by physicians, surgeons, and all other health care practitioners diagnosing or providing treatment for traumatic brain injury and spinal cord injury patients, except for cases directly referred to or previously admitted to a hospital or other facility providing diagnostic or acute care or rehabilitative services to patients in that State and reported by those facilities; ``(iii) a means for the statewide traumatic brain injury and spinal cord injury registry to access all records of physicians and surgeons, hospitals, outpatient clinics, nursing homes, and all other facilities, individuals, or agencies providing such services to patients which would identify cases of traumatic brain injury or spinal cord injury or would establish characteristics of the injury, treatment of the injury, or medical status of any identified patient; and ``(iv) for the reporting of traumatic brain injury and spinal cord injury case data to the statewide traumatic brain injury and spinal cord injury registry in such a format, with such data elements, and in accordance with such standards of quality timeliness and completeness, as may be established by the Secretary. ``(3) Applied research.--Applicants for applied research shall conduct applied research as determined by the Secretary, acting through the Director of the Centers for Disease Control and Prevention, to be necessary to support the development of registry activities as defined in this section. ``(4) Assurances for confidentiality of registry data.-- Each applicant shall provide to the satisfaction of the Secretary for-- ``(A) a means by which confidential case data may in accordance with State law be disclosed to traumatic brain injury and spinal cord injury researchers for the purposes of the prevention, control and research of brain injuries and spinal cord injuries; ``(B) the authorization or the conduct, by the statewide traumatic brain injury and spinal cord injury registry or other persons and organizations, of studies utilizing statewide traumatic brain injury and spinal cord injury registry data, including studies of the sources and causes of traumatic brain injury and spinal cord injury, evaluations of the cost, quality, efficacy, and appropriateness of diagnostic, rehabilitative, and preventative services and programs relating to traumatic brain injury and spinal cord injury, and any other clinical, epidemiological, or other traumatic brain injury and spinal cord injury research; ``(C) the protection of individuals complying with the law, including provisions specifying that no person shall be held liable in any civil action with respect to a traumatic brain injury and spinal cord injury case report provided to the statewide traumatic brain injury and spinal cord injury registry, or with respect to access to traumatic brain injury and spinal cord injury case information provided to the statewide traumatic brain injury and spinal cord injury registry; and ``(D) the protection of individual privacy and confidentiality consistent with Federal and State laws. ``SEC. 399O. TECHNICAL ASSISTANCE IN OPERATIONS OF STATEWIDE REGISTRIES. ``The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may, directly or through grants and contracts, or both, provide technical assistance to the States in the establishment and operation of statewide registries, including assistance in the development of model legislation for statewide traumatic brain injury and spinal cord injury registries and assistance in establishing a computerized reporting and data processing system. In providing such assistance, the Secretary shall encourage States to utilize standardized procedures where appropriate. ``SEC. 399P. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this part, there are authorized to be appropriated $10,000,000 for fiscal year 1999, and such sums as may be necessary for each of the fiscal years 2000 through 2004. ``SEC. 399Q. DEFINITIONS. ``In this part: ``(1) Spinal cord injury.--The term `spinal cord injury' means an acquired injury to the spinal cord. Such term does not include spinal cord dysfunction caused by congenital or degenerative disorders, vascular disease, or tumors, or spinal column fractures without a spinal cord injury. ``(2) Traumatic brain injury.--The term `traumatic brain injury' means an acquired injury to the brain, including brain injuries caused by anoxia due to near-drowning. Such term does not include brain dysfunction caused by congenital or degenerative disorders, cerebral vascular disease, tumors, or birth trauma. The Secretary may revise the definition of such term as the Secretary determines appropriate.''.
Traumatic Brain Injury and Spinal Cord Injury Registry Act - Amends the Public Health Service Act to authorize grants to: (1) States or their designees to operate the State's traumatic brain injury and spinal cord injury registry; and (2) academic institutions to conduct applied research to support the registries. Regulates registry data confidentiality. Authorizes technical assistance, directly or through grants and contracts, regarding the registries and regarding development of model legislation. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cuba Reconciliation Act''. SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act.--The authorities conferred upon the President by section 5(b) of the Trading with the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities, shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) shall cease to be effective on such effective date. (2) Authority for new restrictions.--The President may, on and after the effective date of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); and (B) exercise the authorities he has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act of 1992.--The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.-- (1) Repeal.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments.--(A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended-- (i) in subsection (a)(11), by striking ``and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,'' and inserting ``facilities,''; (ii) in subsection (b)-- (I) in paragraph (4), by adding ``and'' after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Termination of Denial of Foreign Tax Credit With Respect to Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end thereof the following new flush sentence: ``Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date which is 60 days after the date of the enactment of this sentence.''. (g) Sugar Quota Prohibition Under Food Security Act of 1985.-- Section 902(c) of the Food Security Act of 1985 is repealed. (h) Trade Sanctions Reform and Export Enhancement Act of 2000.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 and following) is amended-- (1) in section 906(a)(1)-- (A) by striking ``Cuba,''; and (B) by inserting ``(other than Cuba)'' after ``to the government of a country''; (2) in section 908-- (A) by striking subsection (b); (B) in subsection (a)-- (i) by striking ``Prohibition'' and all that follows through ``(1) In general.--'' and inserting ``In General.--''; (ii) by striking ``for exports to Cuba or''; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking ``paragraph (1)'' and inserting ``subsection (a)''; (3) by striking section 909; and (4) by striking section 910. (i) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. SEC. 3. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. SEC. 4. TRAVEL. (a) In General.--Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel.--Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include, but are not limited to-- (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to such travel. SEC. 5. DIRECT MAIL DELIVERY TO CUBA. The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. SEC. 6. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect 60 days after the date of the enactment of this Act.
Cuba Reconciliation Act Amends the Foreign Assistance Act of 1961 to repeal the embargo placed upon all trade with Cuba. Amends the Internal Revenue Code to declare the denial of foreign tax credit inapplicable to Cuba.Permits: (1) installation and maintenance of telecommunications equipment and facilities in Cuba, including telecommunications services between the United States and Cuba; and (2) travel to and from Cuba by U.S. citizens or residents. Requires the U.S. Postal Service to provide direct mail service to and from Cuba.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Cost-of- Living Adjustment Act of 2005''. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Veterans' Disability Compensation.--Section 1114 of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``$106'' and inserting ``$112''; (2) in subsection (b), by striking ``$205'' and inserting ``$218''; (3) in subsection (c), by striking ``$316'' and inserting ``$337''; (4) in subsection (d), by striking ``$454'' and inserting ``$485''; (5) in subsection (e), by striking ``$646'' and inserting ``$690''; (6) in subsection (f), by striking ``$817'' and inserting ``$873''; (7) in subsection (g), by striking ``$1,029'' and inserting ``$1,099''; (8) in subsection (h), by striking ``$1,195'' and inserting ``$1,277''; (9) in subsection (i), by striking ``$1,344'' and inserting ``$1,436''; (10) in subsection (j), by striking ``$2,239'' and inserting ``$2,393''; (11) in subsection (k)-- (A) by striking ``$82'' both places it appears and inserting ``$87''; and (B) by striking ``$2,785'' and ``$3,907'' and inserting ``$2,977'' and ``$4,176'', respectively; (12) in subsection (l), by striking ``$2,785'' and inserting ``$2,977''; (13) in subsection (m), by striking ``$3,073'' and inserting ``$3,284''; (14) in subsection (n), by striking ``$3,496'' and inserting ``$3,737''; (15) in subsections (o) and (p), by striking ``$3,907'' each place it appears and inserting ``$4,176''; (16) in subsection (r), by striking ``$1,677'' and ``$2,497'' and inserting ``$1,792'' and ``$2,669'', respectively; and (17) in subsection (s), by striking ``$2,506'' and inserting ``$2,678''. (b) Additional Compensation for Dependents.--Section 1115(1) of such title is amended-- (1) in subparagraph (A), by striking ``$127'' and inserting ``$135''; (2) in subparagraph (B), by striking ``$219'' and ``$65'' and inserting ``$233'' and ``$68'', respectively; (3) in subparagraph (C), by striking ``$86'' and ``$65'' and inserting ``$91'' and ``$68'', respectively; (4) in subparagraph (D), by striking ``$103'' and inserting ``$109''; (5) in subparagraph (E), by striking ``$241'' and inserting ``$257''; and (6) in subparagraph (F), by striking ``$202'' and inserting ``$215''. (c) Clothing Allowance for Certain Disabled Veterans.--Section 1162 of such title is amended by striking ``$600'' and inserting ``$641''. (d) Dependency and Indemnity Compensation for Surviving Spouses.-- (1) New law dic.--Section 1311(a) of such title is amended-- (A) in paragraph (1), by striking ``$967'' and inserting ``$1,033''; and (B) in paragraph (2), by striking ``$208'' and inserting ``$221''. (2) Old law dic.--The table in paragraph (3) of such section is amended to read as follows: ``Pay grade Monthly rate Pay grade Monthly rate E-1.................................. $1,033 W-4.................... $1,236 E-2.................................. $1,033 O-1.................... $1,092 E-3.................................. $1,033 O-2.................... $1,128 E-4.................................. $1,033 O-3.................... $1,207 E-5.................................. $1,033 O-4.................... $1,277 E-6.................................. $1,033 O-5.................... $1,406 E-7.................................. $1,069 O-6.................... $1,585 E-8.................................. $1,128 O-7.................... $1,712 E-9.................................. $1,1771 O-8.................... $1,879 W-1.................................. $1,092 O-9.................... $2,010 W-2.................................. $1,135 O-10................... $2,2042 W-3.................................. $1,169 ....................... .............. 1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,271. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $2,365.''. (3) Additional dic for children or disability.--Section 1311 of such title is amended-- (A) in subsection (b), by striking ``$241'' and inserting ``$257''; (B) in subsection (c), by striking ``$241'' and inserting ``$257''; and (C) in subsection (d), by striking ``$115'' and inserting ``$122''. (e) Dependency and Indemnity Compensation for Children.-- (1) Dic when no surviving spouse.--Section 1313(a) of such title is amended-- (A) in paragraph (1), by striking ``$410'' and inserting ``$438''; (B) in paragraph (2), by striking ``$590'' and inserting ``$629''; (C) in paragraph (3), by striking ``$767'' and inserting ``$819''; and (D) in paragraph (4), by striking ``$767'' and ``$148'' and inserting ``$819'' and ``$157'', respectively. (2) Supplemental dic for certain children.--Section 1314 of such title is amended-- (A) in subsection (a), by striking ``$241'' and inserting ``$257''; (B) in subsection (b), by striking ``$410'' and inserting ``$438''; and (C) in subsection (c), by striking ``$205'' and inserting ``$218''. (f) Effective Date.--The amendments made by this section shall take effect on December 1, 2005. (g) Special Rule.--The Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Veterans' Compensation Cost-of-Living Adjustment Act of 2005 - Increases, as of December 1, 2005, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Kate Mullany National Historic Site Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings and purposes. Sec. 4. Establishment of Kate Mullany National Historic Site. Sec. 5. Acquisition of property. Sec. 6. Administration of historic site. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``historic site'' means the Kate Mullany National Historic Site established by section 4 of this Act. (2) The term ``plan'' means the general management plan developed pursuant to section 6(d). (3) The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Kate Mullany House in Troy, New York, is listed on the National Register of Historic Places and has been designated as a National Historic Landmark. (2) The National Historic Landmark Theme Study on American Labor History concluded that the Kate Mullany House appears to meet the criteria of national significance, suitability, and feasibility for inclusion in the National Park System. (3) The city of Troy, New York-- (A) played an important role in the development of the collar and cuff industry and the iron industry in the 19th century, and in the development of early men's and women's worker and cooperative organizations; and (B) was the home of the first women's labor union, led by Irish immigrant Kate Mullany. (4) The city of Troy, New York, with 6 neighboring cities, towns, and villages, entered into a cooperative arrangement to create the Hudson-Mohawk Urban Cultural Park Commission to manage their valuable historic resources and the area within these municipalities has been designated by the State of New York as a heritage area to represent industrial development and labor themes in the State's development. (5) This area, known as the Hudson-Mohawk Urban Cultural Park or RiverSpark, has been a pioneer in the development of partnership parks where intergovernmental and public and private partnerships bring about the conservation of our heritage and the attainment of goals for preservation, education, recreation, and economic development. (6) Establishment of the Kate Mullany National Historic Site and cooperative efforts between the National Park Service and the Hudson-Mohawk Urban Cultural Park Commission will provide opportunities for the illustration and interpretation of important themes of the heritage of the United States, and will provide unique opportunities for education, public use, and enjoyment. (b) Purposes.--The purposes of this Act are-- (1) to preserve and interpret the nationally significant home of Kate Mullany for the benefit, inspiration, and education of the people of the United States; and (2) to interpret the connection between immigration and the industrialization of the Nation, including the history of Irish immigration, women's history, and worker history. SEC. 4. ESTABLISHMENT OF KATE MULLANY NATIONAL HISTORIC SITE. (a) Establishment.--There is established, as a unit of the National Park System, the Kate Mullany National Historic Site in the State of New York. (b) Description.--The historic site shall consist of the home of Kate Mullany, comprising approximately 0.05739 acre, located at 350 Eighth Street in Troy, New York, as generally depicted on the map entitled __________ and dated ____________. SEC. 5. ACQUISITION OF PROPERTY. (a) Real Property.--The Secretary may acquire lands and interests therein within the boundaries of the historic site and ancillary real property for parking or interpretation, as necessary and appropriate for management of the historic site. Such acquisitions may be by donation, purchase from willing sellers with donated or appropriated funds, or exchange. (b) Personal Property.--The Secretary may acquire personal property associated with, and appropriate for, the interpretation of the historic site using the methods provided in subsection (a). SEC. 6. ADMINISTRATION OF HISTORIC SITE. (a) In General.--The Secretary shall administer the historic site in accordance with this Act and all laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.; commonly known as the National Park Service Organic Act), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings, and Antiquities Act). (b) Cooperative Agreements.--To further the purposes of this Act, the Secretary may consult with and enter into cooperative agreements with the State of New York and the Hudson-Mohawk Urban Cultural Park Commission, and other public and private entities to facilitate public understanding and enjoyment of the life and work of Kate Mullany through the development, presentation, and funding of exhibits and other appropriate activities related to the preservation, interpretation, and use of the historic site and related historic resources. (c) Exhibits.--The Secretary may display, and accept for the purposes of display, items associated with Kate Mullany, as may be necessary for the interpretation of the historic site. (d) General Management Plan.--Not later than 2 complete fiscal years after the date of the enactment of this Act, the Secretary shall develop a general management plan for the historic site. Upon its completion, the Secretary shall submit the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The plan shall include recommendations for regional wayside exhibits, to be carried out through cooperative agreements with the State of New York and other public and private entities. The plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-1 et seq.; commonly known as the National Park System General Authorities Act).
Kate Mullany National Historic Site Act - (Sec. 4) Establishes the Kate Mullany National Historic Site in Troy, New York.(Sec. 5) Authorizes the Secretary of the Interior to acquire lands within the Site's boundaries, and ancillary real property for parking or interpretation, as necessary and appropriate for management of the Site, and personal property associated with and appropriate for interpretation of the Site, by donation, purchase from wiling sellers, or exchange.(Sec. 6) Requires the Secretary to administer the Site in accordance with this Act and all laws generally applicable to units of the National Park System. Allows the Secretary to consult and enter into cooperative agreements with New York State, the Hudson-Mohawk Urban Cultural Park Commission, and other public and private entities to facilitate public understanding and enjoyment of the life and work of Kate Mullany through exhibits and other appropriate activities. Permits the Secretary to accept and display items associated with Mullany for interpretation.Requires the Secretary to develop and submit to specified congressional committees a general management plan for the Site, including recommendations for regional wayside exhibits, to be carried out through cooperative agreements with New York State and other public and private entities.
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SECTION 1. HIGHLY MIGRATORY SPECIES BYCATCH MORTALITY REDUCTION RESEARCH PROGRAM. (a) Establishment of a Program.--(1) There is established within the National Marine Fisheries Service a pelagic longline highly migratory species bycatch and mortality reduction research program. The Program shall be developed by a design team established by the Secretary of Commerce. The Program design shall be submitted to the Secretary no later than 120 days after the first meeting of the design team and shall include a statistically significant recommendation for the level of observer coverage on pelagic longline fishing vessels that is necessary to monitor the fishery effectively and participate in the research program. The design team shall be available as a resource to the Secretary throughout the research and the development of the recommendations. (2) The program shall identify and test a variety of pelagic longline fishing gear configurations and uses and determine which of those configurations and uses are the most effective in reducing highly migratory species mortality. The program shall place an emphasis on determining the gear configurations and uses that are the most effective in reducing blue and white marlin mortality in the exclusive economic zone of the United States in the Atlantic Ocean. The program shall also include a provision for observers to be placed on pelagic longline fishing vessels for the purposes of monitoring the fishery and participating in the research program. (3) The highly migratory species program shall conduct research to determine the impact of existing time and area closures designed to reduce the bycatch of longline vessels. The program shall focus on whether existing closures should be modified to decrease bycatch by longline vessels and shall determine what adjustments to the existing boundaries and temporal constraints should be made as a result of any research. Any vessel participating in the program shall be provided an observer by the National Marine Fisheries Service. The full cost of the observer and any incidental costs to the vessel as a result of being included in the research program shall be paid for by the National Marine Fisheries Service. The National Marine Fisheries Service may authorize, without notice and comment, scientific research permits authorizing a vessel to enter and fish in any closed area in the Atlantic Ocean so long as there is 100 percent observer coverage and the activities of the vessel are in furtherance of the research program. Access to any closed area may be granted only after consideration of the scientific need for access. (b) Design Team.--(1) Knowledgeable members of the pelagic longline fishing sector, the recreational billfish and tuna sector, and the conservation community, along with scientists associated with each such entity, shall be appointed by the Secretary to the program design team. Each of the sectors shall to the extent practicable be fairly represented on the design team. The design team shall not exceed nine members only one of which may be an employee of the Federal Government. The design team shall select a chairman and establish its own rules of operation. Each member of the design team who is not employed by the Federal Government shall be compensated in the manner provided for members of a Fishery Management Council under section 302(d) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(d)). (2) The design team shall not be considered to be an advisory committee for the purposes of the Federal Advisory Committee Act (5 U.S.C. App.), but shall hold its deliberations in meetings for which prior noticed is published in the Federal Register and that are open to the public. (c) Mid-Atlantic Conservation Zone for Highly Migratory Species.-- Section 304(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(g)) is amended by adding at the end the following: ``(3) Mid-atlantic conservation zone for highly migratory species.-- ``(A) No person shall engage in pelagic longline fishing-- ``(i) in the lower mid-Atlantic Conservation Zone in the period beginning August 15 and ending October 1 each year; or ``(ii) in the upper mid-Atlantic Conservation Zone in the period beginning July 15 and ending September 1 each year. ``(B) In this paragraph the term `lower mid- Atlantic Conservation Zone' means the area that is enclosed by a series of geodesics connecting in succession the points at the following coordinates: ``(i) 36 degrees 30 minutes north latitude, 75 degrees 0 minutes west longitude. ``(ii) 37 degrees 0 minutes north latitude, 75 degrees 0 minutes west longitude. ``(iii) 38 degrees 0 minutes north latitude, 74 degrees 0 minutes west longitude. ``(iv) 38 degrees 0 minutes north latitude, 73 degrees 0 minutes west longitude. ``(v) 37 degrees 0 minutes north latitude, 74 degrees 0 minutes west longitude. ``(vi) 36 degrees 30 minutes north latitude, 75 degrees 0 minutes west longitude. ``(C) In this paragraph the term `upper mid- Atlantic Conservation Zone' means the area that is enclosed by a series of geodesics connecting in succession the points at the following coordinates: ``(i) 38 degrees 0 minutes north latitude, 74 degrees 0 minutes west longitude. ``(ii) 40 degrees 0 minutes north latitude, 72 degrees 0 minutes west longitude. ``(iii) 39 degrees 0 minutes north latitude, 72 degrees 0 minutes west longitude. ``(iv) 38 degrees 0 minutes north latitude, 73 degrees 0 minutes west longitude. ``(v) 38 degrees 0 minutes north latitude, 74 degrees 0 minutes west longitude. ``(D) This paragraph shall not apply after the end of the 4-year period beginning on the date of the enactment of this paragraph.''. (d) Report to Congress.--The Secretary of Commerce shall submit to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate-- (1) an interim report of the findings of the research conducted under this section within two years after the date of enactment of this Act; and (2) a final report with the necessary regulatory documents to initiate implementation of any adjustments to time and area closures, gear configurations, or fishing techniques warranted as a result of the research. (e) Authorization of Appropriations.--For research under this section there is authorized to be appropriated to the Secretary of Commerce $5,000,000 for fiscal years 2004 through 2008.
Creates within the National Marine Fisheries Service (NMFS) a pelagic longline highly migratory species bycatch and mortality reduction research program, to be developed by a design team established by the Secretary of Commerce.Requires the program to determine the impact of existing time and area closures designed to reduce bycatch of longline vessels. Authorizes the NMFS to grant permits for vessels with NMFS-provided observers to fish in closed areas of the Atlantic Ocean in furtherance of the research program.Amends the Magnuson-Stevens Fishery Conservation and Management Act to close to pelagic longline fishing the lower mid-Atlantic Conservation Zone between August 15 and October 1 and the upper mid-Atlantic Conservation Zone between July 15 and October 1 of each year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Livestock Reinvestment Extension Act of 2002''. SEC. 2. INVOLUNTARY CONVERSION RELIEF FOR PRODUCERS FORCED TO SELL LIVESTOCK DUE TO WEATHER-RELATED CONDITIONS OR FEDERAL LAND MANAGEMENT AGENCY POLICY OR ACTION. (a) Income Inclusion Rules.--Subsection (e) of section 451 of the Internal Revenue Code of 1986 (relating to general rule for taxable year of inclusion) is amended to read as follows: ``(e) Special Rule for Proceeds From Livestock Sold on Account of Weather-Related Conditions or Federal Land Management Agency Policy or Action.-- ``(1) In general.--If-- ``(A) a taxpayer sells or exchanges livestock in excess of the number the taxpayer would sell if he followed his usual business practices, and ``(B) the taxpayer establishes that, under his usual business practices, the sale or exchange would not have occurred in the taxable year in which it occurred if it were not for-- ``(i) a drought, flood, or other weather- related condition that resulted in the area being designated as eligible for assistance by the Federal Government, or ``(ii) forced sales resulting from Federal land management agency policy or action, the taxpayer may elect to include income from such excess sales or exchanges for the second taxable year following the taxable year in which the circumstance applicable under subparagraph (B) ceased to exist. ``(2) Limitation.--Paragraph (1) shall apply only to a taxpayer whose principal trade or business is farming (within the meaning of section 6420(c)(3)). ``(3) Special rules for drought designations.--For purposes of this subsection, areas may be designated as eligible for drought condition assistance-- ``(A) by Federal Government declaration, or ``(B) through Farm Service Agency flash reports as verified and approved by the Farm Service Agency director of the State in which such condition exists.''. (b) Rules for Replacement of Involuntarily Converted Livestock.-- Subsection (e) of section 1033 of such Code (relating to involuntary conversions) is amended to read as follows: ``(e) Livestock Sold on Account of Weather-Related Conditions or Federal Land Management Agency Policy or Action.-- ``(1) In general.--For purposes of this subtitle, the sale or exchange of livestock (other than poultry) by the taxpayer in excess of the number the taxpayer would sell if he followed usual business practices, shall be treated as an involuntary conversion to which this section applies if such livestock are sold or exchanged by the taxpayer solely on account of-- ``(A) drought, flood, or other weather-related conditions, or ``(B) forced sales caused by Federal land management agency policy or action. ``(2) Extension of replacement period.-- ``(A) Droughts, etc.--In a case to which paragraph (1)(A) applies, the 2-year period in subsection (a)(2)(B) shall not expire before the later of-- ``(i) 4 years after the close of the first taxable year in which any part of the gain upon the conversion is realized, or ``(ii) 2 years after the close of the taxable year in which the drought, flood, or other weather-related condition ceased to exist. ``(B) Forced sales.--In a case to which paragraph (1)(B) applies, the 2-year period in subsection (a)(2)(B) shall not expire before 2 years after the close of the taxable year in which the forced sales resulting from Federal land management agency policy or action have ended.''. (3) Conversion by heirs.--Section 1033(a)(2) of such Code is amended by adding at the end the following new subparagraph: ``(F) Conversion of certain property by heirs.--In the case of an involuntary conversion of property described in subsection (e), if the taxpayer dies during the period specified in subparagraph (B), the requirements of subparagraph (A) shall be satisfied if the decedent's-- ``(i) personal representative, ``(ii) the beneficiary of the converted property, if no personal representative exists, or ``(iii) the trustee in the case of a trust, replaces the property within such period.''. (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges after December 31, 2000.
Livestock Reinvestment Extension Act of 2002 - Amends the Internal Revenue Code to allow farmers to delay the inclusion in income of the amount earned from the sale of excess livestock due to Federal land management policy or action or to severe weather conditions until the second year following the year in which the special circumstance ceased to exist.(present law allows for inclusion of such income in the year following a year of severe weather).Sets forth new rules for drought designations. Modifies rules for replacement of involuntarily converted livestock, including to extend the replacement period (for both weather-related sales and sales forced by Federal policy) and to prescribe that an heir to an estate may replace such property within the required time frame.Applies this Act to sales and exchanges made after December 31, 2000.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energey Access Through Leasing Act of 2010'' or the ``REAL Act of 2010''. SEC. 2. INSURANCE COVERAGE FOR LOANS FOR FINANCING OF RENEWABLE ENERGY SYSTEMS LEASED FOR RESIDENTIAL USE. (a) Purposes.--The purposes of this section are-- (1) to encourage residential use of renewable energy systems by minimizing upfront costs and providing immediate utility cost savings to consumers through leasing of such systems to homeowners; (2) to reduce carbon emissions and the use of nonrenewable resources; (3) to encourage energy efficient residential construction and rehabilitation; (4) to encourage the use of renewable resources by homeowners; (5) to minimize the impact of development on the environment; (6) to reduce consumer utility costs; and (7) to encourage private investment in the green economy. (b) Definitions.--As used in this section, the following definitions shall apply: (1) Authorized renewable energy lender.--The term ``authorized renewable energy lender'' means a lender authorized by the Secretary to make a loan under this section. (2) Renewable energy system lease.--The term ``renewable system energy lease'' means an agreement between an authorized renewable energy system owner and a homeowner for a term of not less than 5 years, pursuant to which the homeowner-- (A) grants an easement to such renewable energy system owner to install, maintain, use, and otherwise access the renewable energy system; and (B) agrees to-- (i) lease the use of such system from such renewable energy system owner; or (ii) purchase electric power from such renewable energy system owner. (3) Renewable energy manufacturer.--The term ``renewable energy manufacturer'' means a manufacturer of renewable energy systems. (4) Renewable energy system owner.--The term ``renewable energy system owner'' means a homebuilder, a manufacturer or installer of a renewable energy system, or any other person, as determined by the Secretary. (5) Renewable energy system.--The term ``renewable energy system'' means a system of energy derived from-- (A) a wind, solar (including photovoltaic and solar thermal), biomass (including biodiesel), or geothermal source; or (B) hydrogen derived from biomass or water using an energy source described in subparagraph (A). (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (c) Authority.-- (1) In general.--The Secretary may, upon application by an authorized renewable energy system owner, insure or make a commitment to insure a loan made by an authorized renewable energy lender to a renewable energy system owner to finance the acquisition of a renewable energy system for lease to a homeowner for use at the residence of such homeowner. (2) Terms and conditions.--The Secretary may prescribe such terms and conditions for insurance under paragraph (1) as are consistent with the purposes of this section. (d) Limitation on Principal Amount.-- (1) Limitation.--The principal amount of a loan insured under this section shall not exceed the residual value of the renewable energy system to be acquired with the loan. (2) Residual value.--For purposes of this subsection-- (A) the residual value of a renewable energy system is the fair market value of the future revenue stream from the sale of the expected remaining electricity production from the system, pursuant to the easement granted in accordance with subsection (e); and (B) the fair market value of the future revenue stream for each year of the remaining life of the renewable energy system shall be determined based on the net present value of the power output production warranty for such renewable energy system provided by the renewable energy manufacturer and the forecast of regional residential electricity prices made by the Energy Information Administration of the Department of Energy. (e) Easement.--The Secretary may not insure a loan under this section unless the renewable energy system owner certifies, in accordance with such requirements as the Secretary shall establish, consistent with the purposes of this section, that the systems financed will be leased only to homeowners that grant easements to install, maintain, use, and otherwise access the system that include the right to sell electricity produced during the life of the renewable energy system to a wholesale or retail electrical power grid. (f) Discount or Prepayment.--To encourage the use of renewable energy systems, the Secretary shall ensure that a discount given to a homeowner by a renewable energy system owner or other investor or prepayment of a renewable energy system lease by a renewable energy system owner does not adversely affect the mortgage requirements of such homeowner. (g) Eligibility of Lenders.--The Secretary may not insure a loan under this section unless the lender making the loan-- (1) is an institution that-- (A) qualifies as a green banking center under section 8(x) of the Federal Deposit Insurance Act (12 U.S.C. 1818(x)) or section 206(x) of the Federal Credit Union Act (12 U.S.C. 1786(x)); or (B) meets such other requirements as the Secretary shall establish for participation of renewable energy lenders in the program under this section; and (2) meets such qualifications as the Secretary shall establish for all lenders for participation in the program under this section. (h) Certificate of Insurance.-- (1) In general.--The Secretary shall issue to a lender that is insured under this section a certificate that serves as evidence of insurance coverage under this section. (2) Contents of certificate.--The certificate required under paragraph (1) shall set forth the fair market value of the future revenue stream for each year of the remaining life of the renewable energy system. (3) Full faith and credit.--The certificate required under paragraph (1) shall be backed by the full faith and credit of the United States. (i) Payment of Insurance Claim.-- (1) Filing of claim.--The Secretary shall provide for the filing of claims for insurance under this section and the payment of such claims. (2) Payment of claim.--A claim under paragraph (1) may be paid only upon a default under the loan insured under this section and the assignment, transfer, and delivery to the Secretary of-- (A) all rights and interests arising under the loan; and (B) all claims of the lender or the assigns of the lender against the borrower or others arising under the loan transaction. (3) Lien.-- (A) In general.--Upon payment of a claim for insurance of a loan under this section, the Secretary shall hold a lien on the underlying renewable energy system assets and any associated revenue stream from the use of such system, which shall be superior to all other liens on such assets. (B) Residual value.--The residual value of such renewable energy system and the revenue stream from the use of such system shall be not less than the unpaid balance of the loan amount covered by the certificate of insurance. (C) Revenue from sale.--The Secretary shall be entitled to any revenue generated by such renewable energy system from selling electricity to the grid when an insurance claim has been paid out. (j) Assignment and Transferability of Insurance.--A renewable energy system owner or an authorized renewable energy lender that is insured under this section may assign or transfer the insurance in whole or in part, to another owner or lender, subject to such requirements as the Secretary may prescribe. (k) Premiums and Charges.-- (1) Insurance premiums.-- (A) In general.--The Secretary shall fix and collect premiums for insurance of loans under this section, that shall be paid by the applicant renewable energy system owner at the time of issuance of the certificate of insurance to the lender and shall be adequate, in the determination of the Secretary, to cover the expenses and probable losses of administering the program under this section. (B) Deposit of premium.--The Secretary shall deposit any premiums collected under this subsection in the Renewable Energy Lease Insurance Fund established under subsection (l). (2) Prohibition on other charges.--Except as provided in paragraph (1), the Secretary may not assess any other fee (including a user fee), insurance premium, or charge in connection with loan insurance provided under this section. (l) Renewable Energy Lease Insurance Fund.-- (1) Fund established.--There is established in the Treasury of the United States the Renewable Energy Lease Insurance Fund (referred to in this subsection as the ``Fund''), which shall be available to the Secretary without fiscal year limitation, for the purpose of providing insurance under this section. (2) Credits.--The Fund shall be credited with any premiums collected under subsection (k)(1), any amounts collected by the Secretary under subsection (i)(3), and any associated interest or earnings. (3) Availability.--Amounts in the Fund shall be available to the Secretary for fulfilling any obligations with respect to insurance for loans provided under this section and paying administrative expenses in connection with this section. (4) Excess amounts.--The Secretary may invest in obligations of the United States any amounts in the Fund determined by the Secretary to be in excess of amounts required at the time of such determination to carry out this section. (m) Regulations.-- (1) In general.--The Secretary shall issue such regulations as may be necessary to carry out this section. (2) Timing.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue interim or final regulations. (n) Ineligibility for Purchase by Federal Financing Bank.-- Notwithstanding any other provision of law, no debt obligation that is insured or committed to be insured by the Secretary under this section shall be subject to the Federal Financing Bank Act of 1973 (12 U.S.C. 2281 et seq.). (o) Termination of Authority.--The authority of the Secretary to insure and make commitments to insure new loans under this Act shall terminate 10 years after the date of enactment of this Act.
Renewable Energy Access Through Leasing Act of 2010 or the REAL Act of 2010- Authorizes the Secretary of Housing and Urban Development (HUD) to make loan guarantees for the financing of renewable energy systems leased for residential use. Prohibits the Secretary from insuring a loan unless the renewable energy system owner certifies that the systems financed will be leased only to homeowners that grant easements to install, maintain, use and otherwise access the system that include the right to sell electricity produced during the life of the renewable energy system to a wholesale or retail electrical power grid. Requires the Secretary to: (1) ensure that a discount given under this Act does not adversely affect the homeowner's mortgage requirements; and (2) fix and collect premiums for insurance of loans under this Act that shall be paid for by the renewable energy system owner and that shall be adequate to cover the expenses and probable losses of administering the program. Prohibits the Secretary from assessing any other fee, premium, or charge in connection with such loan insurance. Establishes the Renewable Energy Lease Insurance Fund, into which the Secretary shall deposit any such premiums. Terminates the Secretary's authority to insure and make commitments to insure new loans under this Act ten years after its enactment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthier Heroes Act''. SEC. 2. CLARIFICATION OF OBJECTIVES FOR AND COORDINATION BETWEEN DOD AND VA PROGRAMS. (a) Single, Comprehensive, Standardized Medical Examination.--The Secretary of Defense and the Secretary of Veterans Affairs shall develop a single, comprehensive, standardized medical examination for members of the Armed Forces that, while administered by the Department of Defense, will be-- (1) used by medical evaluation boards and physical evaluation boards of the Department of Defense to determine the fitness of a member of the Armed Forces to perform the duties of the member's office, grade, rank, or rating; and (2) used by the Department of Veterans Affairs to establish the disability rating, compensation, and benefits programs for the member if the member is retired or separated because of physical disability. (b) DOD Role Limited to Determining Fitness To Serve.--Section 1216 of title 10, United States Code, is amended-- (1) in subsection (b)-- (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (2) by adding at the end the following new subsection: ``(e) The determination under this chapter of the percentage of disability of a member of the armed forces at the time of the member's separation from active duty shall be made by the Department of Veterans Affairs.''. (c) Sense of Congress.--It is the sense of Congress that the use of a single, comprehensive, standardized medical examination by both the Department of Defense and the Department of Veterans Affairs and the clear differentiation of the roles of the Department of Defense and Department of Veterans Affairs disability programs will eliminate duplicative processes as well as reduce inequities for members of the Armed Forces. SEC. 3. AVAILABILITY OF POST-TRAUMATIC STRESS DISORDER CARE. Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall provide appropriate medical care to any veteran of Operation Iraqi Freedom or Operation Enduring Freedom who needs medical care for post-traumatic stress disorder regardless of the length of time the veteran has been separated from active duty service in the armed forces. SEC. 4. EXTENDED BENEFITS UNDER TRICARE FOR PRIMARY CAREGIVERS OF MEMBERS OF THE UNIFORMED SERVICES WHO INCUR A SERIOUS INJURY OR ILLNESS ON ACTIVE DUTY. (a) In General.--Section 1079(d) of title 10, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph (2): ``(2)(A) Subject to such terms, conditions, and exceptions as the Secretary of Defense considers appropriate, the program of extended benefits for eligible dependents under this subsection shall include extended benefits for the primary caregivers of members of the uniformed services who incur a serious injury or illness on active duty. ``(B) The Secretary of Defense shall prescribe in regulations the individuals who shall be treated as the primary caregivers of a member of the uniformed services for purposes of this paragraph. ``(C) For purposes of this section, a serious injury or illness, with respect to a member of the uniformed services, is an injury or illness that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating and that renders a member of the uniformed services dependant upon a caregiver.''. (b) Effective Date.--The amendments made by subsection (a) shall take 60 days after the date of the enactment of this Act. SEC. 5. FAMILY MEDICAL LEAVE ACT. (a) Servicemember Family Leave Under the Family and Medical Leave Act.-- (1) Definitions.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following: ``(14) Active duty.--The term `active duty' means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code. ``(15) Covered servicemember.--The term `covered servicemember' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness. ``(16) Medical hold or medical holdover status.--The term `medical hold or medical holdover status' means-- ``(A) the status of a member of the Armed Forces, including a member of the National Guard or a Reserve, assigned or attached to a military hospital for medical care; and ``(B) the status of a member of a reserve component of the Armed Forces who is separated, whether pre- deployment or post-deployment, from the member's unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces. ``(17) Next of kin.--The term `next of kin', used with respect to an individual, means the nearest blood relative of that individual. ``(18) Serious injury or illness.--The term `serious injury or illness', in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that results in a serious physical disability, as defined in section 199.2 of title 32, Code of Federal Regulations, or that renders the member medically unfit to perform the duties of the member's office, grade, rank, or rating.''. (2) Entitlement to leave.--Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Servicemember family leave.--Subject to section 103, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period. ``(4) Combined leave total.--During the single 12-month period described in paragraph (3), an eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.''. (3) Requirements relating to leave.-- (A) Schedule.--Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended-- (i) in paragraph (1), in the second sentence-- (I) by striking ``section 103(b)(5)'' and inserting ``subsection (b)(5) or (f) (as appropriate) of section 103''; and (II) by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''; and (ii) in paragraph (2), by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (B) Substitution of paid leave.--Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended-- (i) in paragraph (1)-- (I) by inserting ``(or 26 workweeks in the case of leave provided under subsection (a)(3))'' after ``12 workweeks'' the first place it appears; and (II) by inserting ``(or 26 workweeks, as appropriate)'' after ``12 workweeks'' the second place it appears; and (ii) in paragraph (2)(B), by adding at the end the following: ``An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection.''. (C) Notice.--Section 102(e)(2) of such Act (29 U.S.C. 2612(e)(2)) is amended by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (D) Spouses employed by same employer.--Section 102(f) of such Act (29 U.S.C. 2612(f)) is amended-- (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), and aligning the margins of the subparagraphs with the margins of section 102(e)(2)(A); (ii) by striking ``In any'' and inserting the following: ``(1) In general.--In any''; and (iii) by adding at the end the following: ``(2) Servicemember family leave.-- ``(A) In general.--The aggregate number of workweeks of leave to which both that husband and wife may be entitled under subsection (a) may be limited to 26 workweeks during the single 12-month period described in subsection (a)(3) if the leave is-- ``(i) leave under subsection (a)(3); or ``(ii) a combination of leave under subsection (a)(3) and leave described in paragraph (1). ``(B) Both limitations applicable.--If the leave taken by the husband and wife includes leave described in paragraph (1), the limitation in paragraph (1) shall apply to the leave described in paragraph (1).''. (4) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Servicemember Family Leave.--An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. (5) Failure to return.--Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended-- (A) in paragraph (2)(B)(i), by inserting ``or under section 102(a)(3)'' before the semicolon; and (B) in paragraph (3)(A)-- (i) in clause (i), by striking ``or'' at the end; (ii) in clause (ii), by striking the period and inserting ``; or''; and (iii) by adding at the end the following: ``(iii) a certification issued by the health care provider of the servicemember being cared for by the employee, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).''. (6) Enforcement.--Section 107 of such Act (29 U.S.C. 2617) is amended, in subsection (a)(1)(A)(i)(II), by inserting ``(or 26 weeks, in a case involving leave under section 102(a)(3))'' after ``12 weeks''. (7) Instructional employees.--Section 108 of such Act (29 U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and (d)(3), by inserting ``or under section 102(a)(3)'' after ``section 102(a)(1)''. (b) Servicemember Family Leave for Civil Service Employees.-- (1) Definitions.--Section 6381 of title 5, United States Code, is amended-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(7) the term `active duty' means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code; ``(8) the term `covered servicemember' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness; ``(9) the term `medical hold or medical holdover status' means-- ``(A) the status of a member of the Armed Forces, including a member of the National Guard or a Reserve, assigned or attached to a military hospital for medical care; and ``(B) the status of a member of a reserve component of the Armed Forces who is separated, whether pre- deployment or post-deployment, from the member's unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces; ``(10) the term `next of kin', used with respect to an individual, means the nearest blood relative of that individual; and ``(11) the term `serious injury or illness', in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that results in a serious physical disability, as defined in section 199.2 of title 32, Code of Federal Regulations, or that renders the member medically unfit to perform the duties of the member's office, grade, rank, or rating.''. (2) Entitlement to leave.--Section 6382(a) of such title is amended by adding at the end the following: ``(3) Subject to section 6383, an employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 administrative workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period. ``(4) During the single 12-month period described in paragraph (3), an employee shall be entitled to a combined total of 26 administrative workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.''. (3) Requirements relating to leave.-- (A) Schedule.--Section 6382(b) of such title is amended-- (i) in paragraph (1), in the second sentence-- (I) by striking ``section 6383(b)(5)'' and inserting ``subsection (b)(5) or (f) (as appropriate) of section 6383''; and (II) by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''; and (ii) in paragraph (2), by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (B) Substitution of paid leave.--Section 6382(d) of such title is amended by adding at the end the following: ``An employee may elect to substitute for leave under subsection (a)(3) any of the employee's accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.''. (C) Notice.--Section 6382(e) of such title is amended by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (4) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''.
Healthier Heroes Act - Directs the Secretary of Defense and the Secretary of Veterans Affairs to develop a single medical examination for members of the Armed Forces to be used by: (1) Department of Defense (DOD) medical evaluation boards and physical evaluation boards to determine the fitness of a member of the Armed Forces to perform the duties of the member's office, grade, rank, or rating; and (2) the Department of Veterans Affairs (VA) to establish the disability rating, compensation, and benefits programs for a member who is retired or separated because of physical disability. Directs the Secretary of Veterans Affairs to provide appropriate medical care to any veteran of Operation Iraqi Freedom or Operation Enduring Freedom for post-traumatic stress disorder regardless of the length of time the veteran has been separated from active duty service. Provides extended benefits under TRICARE (a DOD managed care program) for the primary caregivers of members who incur a serious injury or illness while on active duty. Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember to a total of 26 workweeks of leave during a single 12-month period to care for the servicemember. Defines covered servicemember as a member of the U.S. Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty that may render the member medically unfit to perform his or her duties. Provides for the substitution of accrued paid vacation, personal, family leave, or medical or sick leave for any part of the 26-week period. Declares that nothing in this Act shall be construed to limit the availability of such leave during any other 12-month period. Amends federal civil service law to entitle civilian federal employees to the same leave allowance. Provides for the substitution of accrued paid annual or sick leave for any part of the 26-week period.
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TITLE I--CHOICES IN EDUCATION ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Choices in Education Act of 2016''. SEC. 102. REPEAL OF ELEMENTARY AND SECONDARY EDUCATION ACT AND LIMITATION ON SECRETARIAL AUTHORITY. (a) Repeal.--The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is repealed. (b) Limitation on Secretarial Authority.--The authority of the Secretary under this title is limited to evaluating State applications under section 104 and making payments to States under section 103. The Secretary shall not impose any further requirements on States with respect to elementary and secondary education beyond the requirements of this title. SEC. 103. BLOCK GRANTS TO STATES. (a) Grants to States.--From amounts appropriated to carry out this title for a fiscal year, the Secretary shall award grants (from allotments made under subsection (b)) to qualified States to enable such States to carry out an education voucher program under section 105. (b) Allotment.--From amounts described in subsection (a) for a fiscal year, the Secretary shall allot to each qualified State for that fiscal year an amount that bears the same ratio to those amounts as the number of eligible children in the qualified State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the number of all eligible children in all States in such school year. (c) Reallotment.--If a State does not receive funds under subsection (b) for a fiscal year, the Secretary shall allot the remainder of such funds to each qualified State in an amount that bears the same ratio to such remainder for such year as the amount received under subsection (b) by such qualified State bears to the amount received under such subsection for such year by all qualified States. (d) Deficit Reduction.--Any amounts remaining after allotments are made under subsection (c) for a fiscal year shall not be available for any purpose other than deficit reduction. SEC. 104. APPLICATION. (a) Application.--To be eligible to receive a grant under this title, a State shall submit an application to the Secretary that includes assurances that the State will-- (1) comply with the requirements of section 105; and (2) make it lawful for parents of an eligible child to elect-- (A) to enroll their child in any public or private elementary or secondary school in the State; or (B) to home-school their child. (b) Approval.--Not later than 30 days after receiving an application from a State that meets the requirements of subsection (a), the Secretary shall approve such application. SEC. 105. EDUCATION VOUCHER PROGRAM REQUIREMENTS. (a) Education Voucher Program.-- (1) In general.--The State shall distribute funds received under this title among the local educational agencies in the State based on the number of eligible children enrolled in the public schools operated by each local educational agency and the number of eligible children within each local educational agency's geographical area whose parents elect to send their child to a private school or to home-school their child. (2) Sense of congress.--It is the sense of Congress that States should distribute non-Federal funds for elementary and secondary education in a manner that promotes competition and choices in education. (b) Identification of Eligible Children; Allocation and Distribution of Funds.-- (1) Identification of eligible children.-- (A) LEA identification.--On an annual basis, on a date to be determined by the Secretary, each local educational agency shall inform the State educational agency of-- (i) the number of eligible children enrolled in public schools served by the local educational agency; and (ii) the number of eligible children within each local educational agency's geographical area whose parents elect-- (I) to send their child to a private school; or (II) to home-school their child. (B) State identification.--On an annual basis, on a date to be determined by the Secretary, each State educational agency shall inform the Secretary of the total number of children identified by all local educational agencies in the State under subparagraph (A). (2) Amount of payment.-- (A) In general.--Subject to subparagraph (B), the amount of payment for each eligible child in a State shall be equal to-- (i) the total amount allotted to the State under this title; divided by (ii) the total number of eligible children in the State identified under paragraph (1). (B) Limitations.-- (i) In the case of a payment made to the parent of an eligible child who elects to attend a private school, the amount of the payment described in subparagraph (A) for each eligible child shall not exceed the cost for tuition, fees, and transportation for the eligible child to attend the private school. (ii) In the case of a payment made to a parent of an eligible child who elects to home- school such child, the amount of the payment described in subparagraph (A) for each eligible child shall not exceed the cost of home- schooling the child. (3) Allocation to local educational agencies.--Based on the identification of eligible children in paragraph (1), the State educational agency shall provide to a local educational agency an amount equal to the product of-- (A) the amount available for each eligible child in the State, as determined in paragraph (2); multiplied by (B) the number of eligible children identified by the local educational agency under paragraph (1)(A). (4) Distribution to schools.--From amounts allocated under paragraph (3), each local educational agency that receives funds under such paragraph shall distribute a portion of such funds to the public schools served by the local educational agency, which amount shall-- (A) be based on the number of eligible children enrolled in such schools and included in the count submitted under paragraph (1)(A); and (B) be distributed in a manner that would, in the absence of such Federal funds, supplement the funds made available from non-Federal resources for the education of eligible children, and not to supplant such funds. (5) Distribution to parents.-- (A) In general.--From the amounts allocated under paragraph (3), each local educational agency that receives funds under such paragraph shall distribute a portion of such funds, in an amount equal to the amount described in paragraph (2), to the parents of each eligible child within the local educational agency's geographical area who elect to send their child to a private school or to home-school their child (as the case may be) and whose child is included in the count of such eligible children under paragraph (1)(A), which amount shall be distributed in a manner so as to ensure that such payments will be used for appropriate educational expenses. (B) Reservation.--A local educational agency described in this paragraph may reserve not more than 1 percent of the funds available for distribution under subparagraph (A) to pay administrative costs associated with carrying out the activities described in such subparagraph. (c) Rule of Construction.--Payments to parents under subsection (b)(5) shall be considered assistance to the eligible child and shall not be considered assistance to the school that enrolls the eligible child. The amount of any payment under this section shall not be treated as income of the child or his or her parents for purposes of Federal tax laws or for determining eligibility for any other Federal program. SEC. 106. DEFINITIONS. In this title: (1) Eligible child.--The term ``eligible child'' means a child aged 5 to 17, inclusive. (2) Parent.--The term ``parent'' includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' means each of the 50 States and the District of Columbia. (5) Qualified state.--The term ``qualified State'' means a State that has an application approved by the Secretary under section 104. TITLE II--NO HUNGRY KIDS ACT SEC. 201. SHORT TITLE. This title may be cited as the ``No Hungry Kids Act''. SEC. 202. REPEAL OF RULE. The rule prescribed by the Food and Nutrition Service of the Department of Agriculture relating to nutrition standards in the national school lunch and school breakfast programs published on January 26, 2012 (77 Fed. Reg. 4088 et seq.), and revising parts 210 and 220 of title 7, Code of Federal Regulations, shall have no force or effect. SEC. 203. LIMITS ON CERTAIN NUTRITIONAL REQUIREMENTS. Section 9(a)(1)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(1)(A)(i)) is amended by inserting before the semicolon the following: ``, to establish a calorie maximum for individual school lunches, or to prohibit a child from eating a lunch provided by the child's parent or legal guardian''.
Choices in Education Act of 2016 This bill repeals the Elementary and Secondary Education Act of 1965 and limits the authority of the Department of Education (ED) such that ED is authorized only to award block grants to qualified states. The bill establishes an education voucher program, through which each state shall distribute block grant funds among local educational agencies (LEAs) based on the number of eligible children within each LEA's geographical area. From these amounts, each LEA shall: (1) distribute a portion of funds to parents who elect to enroll their child in a private school or to home-school their child, and (2) do so in a manner that ensures that such payments will be used for appropriate educational expenses. To be eligible to receive a block grant, a state must: (1) comply with education voucher program requirements, and (2) make it lawful for parents of an eligible child to elect to enroll their child in any public or private elementary or secondary school in the state or to home-school their child. No Hungry Kids Act The bill repeals a specified rule that established certain nutrition standards for the national school lunch and breakfast programs. (In general, the rule requires schools to increase the availability of fruits, vegetables, whole grains, and low-fat or fat free milk in school meals; reduce the levels of sodium, saturated fat, and trans fat in school meals; and meet children's nutritional needs within their caloric requirements.)
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Technology Worker Shortage Commission Act''. SEC. 2. FINDINGS. Congress finds that-- (1) information technology is one of the fastest growing areas in the United States economy; (2) the United States is a world leader in the information technology industry; (3) the continued growth and prosperity of the information technology industry is important to the continued prosperity of the United States economy; (4) an adequate supply of information technology workers is essential for the success of information technology and other business entities that use information technology; (5) as of the date of enactment of this Act, there is a shortage of information technology workers; and (6) in the absence of a concerted effort by business entities, the Federal Government, the governments of States and political subdivisions thereof, and educational institutions, the shortage of information technology workers will continue to be a problem. SEC. 3. DEFINITIONS. In this Act: (1) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (2) Commission.--The term ``Commission'' means the Information Technology Worker Shortage Commission established under section 4. (3) Information technology.--The term ``information technology'' has the meaning given that term in section 5002 of the Information Technology Management Reform Act of 1996 (110 Stat. 679). (4) State.--The term ``State'' means each of the several States of the United States and the District of Columbia. SEC. 4. ESTABLISHMENT OF INFORMATION TECHNOLOGY COMMISSION. (a) Establishment.--There is established a commission to be known as the Information Technology Worker Shortage Commission. (b) Membership.-- (1) Composition.-- (A) In general.--The Commission shall be composed of 21 members, of which-- (i) 7 members shall be appointed by the President; (ii) 7 members shall be appointed by the Majority Leader of the Senate; and (iii) 7 members shall be appointed by the Speaker of the House of Representatives. (B) Governmental representatives.--Of the members appointed under this subsection-- (i) 1 member shall be an officer or employee of the Department of Labor, who shall be appointed by the President; (ii) 1 member shall be an officer or employee of the Department of Education, who shall be appointed by the President; and (iii) 2 members shall be representatives of the governments of States and political subdivisions thereof. (C) Educators.--Of the members appointed under this subsection, 6 shall be educators who are selected from among elementary, secondary, vocational, and postsecondary educators. (D) Business representatives.--Of the members appointed under this subsection, at least 4 shall be individuals who are employed in information technology business entities of a size that is small or average for that type of business entity (as determined by the appropriate appointing authority under this subsection). (2) Date.--The appointments of the members of the Commission shall be made by the later of-- (A) September 1, 1997; or (B) the date that is 30 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a chairperson and vice chairperson from among its members. SEC. 5. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a thorough study of all matters relating to the shortage of information technology workers in the United States. (2) Matters studied.--The matters studied by the Commission shall include an examination of-- (A) the causes of the shortage of information technology workers in the United States; (B) possible solutions to address the shortage referred to in subparagraph (A); and (C) the relative efficacy of programs in the United States and foreign countries to provide for an increase in the number of information technology workers, with special emphasis on programs that provide for secondary education or postsecondary education in a program other than a 4-year baccalaureate program (including associate degree programs and graduate degree programs). (3) Public hearings.--As part of the study conducted under this subsection, the Commission shall hold public hearings in each region of the United States concerning the issues referred to in subparagraphs (A) and (B) of paragraph (2). (4) Existing information.--To the extent practicable, in carrying out the study under this subsection, the Commission shall identify and use existing information related to the issues referred to in subparagraphs (A) and (B) of paragraph (2). (5) Consultation with chief information officers council.-- In carrying out the study under this subsection, the Commission shall consult with the Chief Information Officers Council established under Executive Order No. 13011. (b) Report.--Not later than July 1, 1998, the Commission shall submit a report to the President and the Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (c) Facilitation of Exchange of Information.--In carrying out the study under subsection (a), the Commission shall, to the extent practicable, facilitate the exchange of information concerning the issues that are the subject of the study among-- (1) officials of the Federal Government and the governments of States and political subdivisions thereof; and (2) educators from Federal, State, and local institutions of higher education and secondary schools. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Except as provided in subsection (b), each member of the Commission who is not an officer or employee of the Federal Government shall serve without compensation. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 8. TERMINATION OF THE COMMISSION. The Commission shall terminate on the date that is 90 days after the date on which the Commission submits its report under section 5(b). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $750,000 for fiscal year 1998 to the Commission to carry out the purposes of this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.
Information Technology Worker Shortage Commission Act - Establishes the Information Technology Worker Shortage Commission to conduct a thorough study of all matters relating to the shortage of information technology workers in the United States. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``California Compact Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) With the passage of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), Congress provided a statutory basis for the operation of gaming by federally recognized Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments. (2) The Indian Gaming Regulatory Act defines three classes of gaming, specifying that class III gaming may only be conducted in States that have authorized gaming and pursuant to Tribal-State compacts negotiated in good faith through the government-to-government relationship between federally recognized Indian tribes and States. (3) With the passage of Proposition 1A in 2000, the voters of California amended the State Constitution to authorize the operation of class III gaming by federally recognized Indian tribes on Indian lands in California in accordance with Federal law. Proposition 1A also authorized the Governor of California to negotiate gaming compacts with such tribes, subject to ratification by the State legislature. (4) Under California law, actions by the State legislature, including the ratification of gaming compacts, are subject to California's referendum process. Under that process, the State legislature's ratification of a gaming compact does not go into effect if California voters qualify a referendum vote on that compact. If such a referendum is qualified, the Compact only goes into effect after voter approval of the legislature's decision. (5) This referendum process serves as a form of democratic oversight of the California Governor and State legislature. (6) In passing the Indian Gaming Regulatory Act, Congress intended to respect the individual States' authority to determine their own public policy and to negotiate and conclude gaming compacts pursuant to each State's laws. (7) The Tribal-State gaming compact process in California is undermined if the Secretary of the Interior prescribes Federal procedures under which class III gaming may be conducted on the land made eligible for Indian gaming pursuant to section 20(b)(1)(A) of the Indian Gaming Regulatory Act (25 U.S.C. 2719 (b)(1)(A)), when the compact for gaming on that land was not ratified by the State Legislature or was rejected by a constitutionally called referendum. (8) Congress reaffirms the importance of section 20(b)(1)(A) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(A)), the statutory authority by which federally recognized Indian tribes can acquire certain gaming lands eligible for gaming purposes outside of their reservation boundaries. This section provides State and tribal governments with the flexibility to locate tribal government gaming facilities on newly acquired land at the most appropriate locations. However, Congress did not intend for this section to allow for tribal gaming facilities on after-acquired lands over the express objection of the voters of the State. (9) It is in the interest of the Federal Government, States, and federally recognized Indian tribes that Congress require that, in California, off-reservation gaming proposals be subject to the full ratification and referendum process established by California State law. SEC. 3. LIMITATION ON ACTION BY THE DEPARTMENT OF THE INTERIOR ABSENT A VALID COMPACT. (a) Prohibition on Certain Class III Gaming.--Section 11(d)(7)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(7)(B)) is amended by inserting after clause (vii) the following: ``(viii) Notwithstanding any other provision of this Act, for any land in California on which Indian gaming was authorized under (25 U.S.C. 2719(b)(1)(A)) and for which the Legislature of the State of California did not ratify a proposed class III Tribal-State gaming compact or for which the electorate of California rejected the approval of a class III Tribal-State gaming compact through a constitutionally valid referendum, the Secretary may not-- ``(I) prescribe class III gaming procedures; ``(II) approve a class III gaming compact; or ``(III) consider a class III gaming compact to have been approved by the Secretary, if the Secretary does not approve or disapprove the compact before the date that is 45 days after the date on which the compact is submitted.''. (b) Clarification.--Nothing in this Act or the amendment made by subsection (a) shall be interpreted to impact the implementation of authorities under the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act''), or any other section of the Indian Gaming Regulatory Act. (c) Effective Date.--The amendment made by subsection (a) shall be effective as of April 27, 2016.
California Compact Protection Act This bill amends the Indian Gaming Regulatory Act to prohibit the Department of the Interior from allowing certain gaming on California land for which a proposed gaming compact was not ratified by the state or for which the electorate rejected a gaming compact.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Wage Theft Prevention and Community Partnership Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Wage and hour violations are a serious and growing problem for working Americans. (2) According to a study by the Ford, Joyce, Hayne, and Russell Sage Foundations, low-wage workers are routinely denied proper overtime pay and are paid less then the minimum wage, often resulting up to a 15-percent loss in pay. (3) Widespread wage and hour violations place ethical businesses at a competitive disadvantage. (4) Wage and hour violations hurt local economies. State and local governments lose vital tax revenues and spending power when employers do not pay legally required wages and workers receive less than full pay. (5) Women are far more likely to suffer minimum wage violations than men, while minority women suffer such violations at a rate nearly triple the rate that white women suffer such violations. (6) Social service networks are further strained and poverty increases when low-wage workers receive lower wages than what is required by law. (7) The Department of Labor and State departments of labor could more adequately address wage and hour violations with a significant partnership with stakeholders in the community. (8) The Government Accountability Office recommended that the Department of Labor identify ways to leverage its existing tools to better address wage and hour violations by improving services provided through partnerships. SEC. 3. DEFINITIONS. In this Act the following definitions apply: (1) The term ``eligible partner'' means any of the following: (A) A not-for-profit community organization that, in whole or in part, is dedicated to combating poverty and preventing abuse of wage and hour laws. (B) A labor organization as defined in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)). (C) A Joint Labor Management Cooperative Committee established pursuant to section 205A of the Labor Management Relations Act, 1947 (29 U.S.C. 175a). (2) The term ``Secretary'' means the Secretary of Labor. (3) The term ``wage and hour violations'' refers to violations of the Fair Labor Standards Act or the Migrant and Seasonal Agricultural Worker Protection Act, or any regulations issued under either such Act, or violations of any other law enforced by the Wage and Hour Division of the Department of Labor, as the Secretary may determine. SEC. 4. AUTHORIZATION TO CREATE A WAGE THEFT PREVENTION FUND. The Secretary shall establish a Wage Theft Prevention Fund, which shall provide funding for the Wage Theft Prevention and Community Partnership Grants described in section 5. The Secretary may promulgate regulations as necessary to carry out this Act. SEC. 5. WAGE THEFT GRANT PROGRAM. (a) Establishment of Wage Theft Prevention and Community Partnership Grants.--The Secretary is authorized to award grants, on a competitive basis, to eligible partners to-- (1) prevent wage and hour violations by informing workers of their rights and the remedies available to them; and (2) expand and improve cooperative efforts between agencies charged with enforcing wage and hour requirements and employers and their employees. (b) Applications.--An eligible partner seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. An application shall include, at a minimum, the following: (1) A description of the plan for preventing wage and hour violations. (2) A description of the plan for outreach, including a plan for assisting the Department of Labor in communicating with workers. (3) A description of the eligible partner's prior experience in raising awareness about and enforcing wage and hour laws and ensuring that worker rights are respected. (4) Evidence of the community need for this type of work, including prevalence of wage and hour violations in the eligible partner's community or State. (5) A description of any larger working group of organizations, including Federal, State, or local government agencies, and faith-based, labor, community, and business organizations-- (A) of which the eligible partner is a member; or (B) which the eligible partner is proposing to work with in carrying out activities funded by such grant. (c) Duration and Renewal of Grants.-- (1) Initial grant period.--A Wage Theft Prevention and Community Partnerships Grant shall be awarded for an initial grant period of 1 to 3 years. (2) Renewals.--Such grant may be renewed for 2 additional grant periods of the same duration as the initial grant period, if-- (A) the Secretary determines that the funds made available to the recipient were used in a manner required under an approved application; and (B) the recipient can demonstrate significant progress in achieving the objectives of the initial application. (3) Additional grant.--A grant recipient may apply for an additional grant under this section once the recipient's grant renewals with respect to the initial grant have been exhausted. (d) Ineligibility for Grants.--No grant may be awarded under this section to-- (1) an entity that the Secretary determines infringes upon upon the rights guaranteed by section 7 of the National Labor Relations Act (29 U.S.C. 157); or (2) an entity prohibited by section 427 of Public Law 111- 88 from receiving funds appropriated by that Act. (e) Performance Evaluation.--Each program, project, or activity funded under this section shall be subject to monitoring by the Secretary which shall include systematic identification and collection of data about activities, accomplishments, programs, and expenditures throughout the life of the program, project, or activity. (f) Reports to Congress.--For each year in which funding is provided under this section, the Secretary shall submit an annual report to the Congress on the activities carried out by grantees under this section including, at a minimum, information on the following: (1) The activities undertaken by each grantee and any other entity that partnered with the grantee to prevent wage and hour violations by informing workers of their rights and the remedies available to them. (2) The number of workers assisted by each grantee disaggregated by State, age, income, gender, and race. (3) A summary of progress by each grantee in implementing wage theft prevention outreach plans approved by the Secretary. (g) Revocation or Suspension of Funding.--If the Secretary determines, as a result of the reviews required by subsections (e) and (f), or otherwise, that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application submitted under subsection (b), the Secretary may revoke or suspend funding of that grant, in whole or in part. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act, including administrative costs associated with carrying out this Act, such sums as may be necessary for fiscal years 2010 through 2014, to remain available until expended.
Wage Theft Prevention and Community Partnership Act - Authorizes the Secretary of Labor to award one- to three-year renewable grants, on a competitive basis, to eligible partners to prevent wage and hour violations of the Fair Labor Standards Act, the Migrant and Seasonal Agricultural Worker Protection Act, or any related regulations, or violations of any other law enforced by the Wage and Hour Division of the Department of Labor by: (1) informing workers of their rights and the remedies available to them; and (2) expanding and improving cooperative efforts between agencies charged with enforcing wage and hour requirements and employers and their employees. Makes eligible for such grants such partners as: (1) not-for-profit community organizations dedicated to combating poverty and preventing abuse of wage and hour laws; (2) labor organizations; and (3) Joint Labor Management Cooperative Committees established under the Labor Management Relations Act, 1947. Directs the Secretary to establish a Wage Theft Prevention Fund to fund such grants. Prohibits the award of such a grant to: (1) any entity that infringes upon the organizational and collective bargaining rights guaranteed by the National Labor Relations Act; or (2) the Association of Community Organizations for Reform Now (ACORN) or any of its subsidiaries.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Space Launch Amendments Act of 2004''. SEC. 2. FINDINGS. The Congress finds that-- (1) the goal of opening space to the American people and their private commercial, scientific, and cultural enterprises should guide Federal space investments, policies, and regulations; (2) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space, and greater private investment in these efforts will stimulate the Nation's commercial space transportation industry as a whole; (3) space transportation is inherently risky; (4) a critical area of responsibility for the Office of the Associate Administrator for Commercial Space Transportation is to regulate the emerging commercial human space flight industry; and (5) the public interest is served by creating a clear legal and regulatory regime for commercial human space flight. SEC. 3. AMENDMENTS. (a) Findings and Purposes.--Section 70101 of title 49, United States Code, is amended-- (1) in subsection (a)(3), by inserting ``human space flight,'' after ``microgravity research,''; and (2) in subsection (a)(4)-- (A) by striking ``satellite''; and (B) by striking ``services now available from'' and inserting ``capabilities of''. (b) Definitions.--Section 70102 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (2) through (17) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (18), (21), and (22), respectively; (2) by inserting after paragraph (1) the following new paragraph: ``(2) `crew' means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings.''; (3) in paragraph (4), as so redesignated by paragraph (1) of this subsection, by inserting ``, crew, or space flight participant'' after ``any payload''; (4) in paragraph (6)(A), as so redesignated by paragraph (1) of this subsection, by striking ``and payload'' and inserting ``, payload, crew (including crew training), or space flight participant''; (5) in paragraph (8)(A), as so redesignated by paragraph (1) of this subsection, by inserting ``or human beings'' after ``place a payload''; (6) by inserting after paragraph (10), as so redesignated by paragraph (1) of this subsection, the following new paragraph: ``(11) `permit' means an experimental permit issued under section 70105.''. (7) in paragraph (13), as so redesignated by paragraph (1) of this subsection, by inserting ``crew, or space flight participants,'' after ``and its payload,''; (8) in paragraph (14)(A), as so redesignated by paragraph (1) of this subsection, by striking ``and its payload'' inserting ``and payload, crew (including crew training), or space flight participant''; (9) by inserting after paragraph (16), as so redesignated by paragraph (1) of this subsection, the following new paragraph: ``(17) `space flight participant' means an individual, who is not crew, carried within a launch vehicle or reentry vehicle.''; (10) by inserting after paragraph (18), as so redesignated by paragraph (1) of this subsection, the following new paragraphs: ``(19) `suborbital rocket' means a rocket-propelled vehicle intended for flight on a suborbital trajectory whose thrust is greater than its lift for the majority of the powered portion of its flight. ``(20) `suborbital trajectory' means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth.''; and (11) in paragraph (21), as so redesignated by paragraph (1) of this subsection-- (A) by striking ``or'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(E) crew or space flight participants.''. (c) Commercial Human Space Flight.--(1) Section 70103(a) of title 49, United States Code, is amended by inserting ``, through the Associate Administrator for Commercial Space Transportation,'' after ``Secretary of Transportation''. (2) Section 70103(b)(1) of title 49, United States Code, is amended by inserting ``, including those involving space flight participants'' after ``private sector''. (3) Section 70104(a) of title 49, United States Code, is amended-- (A) by striking ``License Requirement.--A license issued or transferred under this chapter'' and inserting ``Requirement.-- A license issued or transferred under this chapter, or a permit,''; and (B) by inserting after paragraph (4) the following: ``Notwithstanding this subsection, a permit shall not authorize a person to operate a launch site or reentry site.''. (4) Section 70104(b) of title 49, United States Code, is amended by inserting ``or permit'' after ``holder of a license''. (5) The section heading of section 70105 of title 49, United States Code, is amended by striking ``License applications'' and inserting ``Applications'', and the item relating to that section in the table of sections for chapter 701 of title 49, United States Code, is amended accordingly. (6) Section 70105(a) of title 49, United States Code, is amended-- (A) by striking ``Applications.-- '' and inserting ``Licenses.--''; (B) in paragraph (1), by striking ``subsection (b)(2)(D)'' both places it appears and inserting ``subsection (c)(2)(D)''; and (C) in paragraph (2), by inserting ``, including crews,'' after ``or personnel''. (7) Section 70105 of title 49, United States Code, is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Experimental Permits.--(1) A person may apply to the Secretary of Transportation for an experimental permit under this subsection in the form and manner the Secretary prescribes. Consistent with the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 90 days after receiving an application pursuant to this subsection, shall issue a permit if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 60 days after receiving an application. The Secretary shall transmit to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 15 days after any occurrence when a permit is not issued within the deadline established by this subsection. ``(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel, including crews, that may be used in conducting commercial space launch or reentry activities pursuant to a permit. ``(3) In order to encourage the development of a commercial space flight industry, the Secretary, to the greatest extent practicable, shall when issuing permits use the authority granted under subsection (c)(2)(C). ``(4) The Secretary may issue a permit only for reusable suborbital rockets that will be launched or reentered solely for-- ``(A) research and development to test new design concepts, new equipment, or new operating techniques; ``(B) showing compliance with requirements as part of the process for obtaining a license under this chapter; or ``(C) crew training prior to obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued. ``(5) Permits issued under this subsection shall-- ``(A) authorize an unlimited number of launches and reentries for a particular suborbital rocket design for the uses described in paragraph (4); and ``(B) specify the modifications that may be made to the suborbital rocket without changing the design to an extent that would invalidate the permit. ``(6) Permits shall not be transferable. ``(7) A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design. ``(8) No person may operate a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire. ``(9) For the purposes of sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121 of this chapter-- ``(A) a permit shall be considered a license; ``(B) the holder of a permit shall be considered a licensee; ``(C) a vehicle operating under a permit shall be considered to be licensed; and ``(D) the issuance of a permit shall be considered licensing. This paragraph shall not be construed to allow the transfer of a permit.''. (8) Section 70105(c)(1) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by inserting ``or permit'' after ``for a license''. (9) Section 70105(c)(2)(B) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by striking ``an additional requirement'' and inserting ``any additional requirement''. (10) Section 70105(c)(2)(C) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by inserting ``or permit'' after ``for a license''. (11) Section 70105(c)(2)(D) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by inserting ``or permit'' after ``for a license''. (12) Section 70105(c)(3) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by adding at the end the following: ``Nothing in this paragraph shall be construed to allow the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.''. (13) Section 70105(c) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by adding at the end the following new paragraphs: ``(4) The holder of a license or a permit under this chapter may launch or reenter crew only if-- ``(A) the crew has received training and has satisfied medical or other standards specified in the license or permit in accordance with regulations promulgated by the Secretary; and ``(B) the holder of the license or permit and crew have complied with all requirements of the laws of the United States that apply to crew. ``(5) The holder of a license or a permit under this chapter may launch or reenter a space flight participant only if-- ``(A) in accordance with regulations promulgated by the Secretary, the holder of the license or permit has informed the space flight participant in writing about the risks of the launch or reentry, including the safety record of the launch or reentry vehicle type, and the space flight participant has provided written informed consent to participation in the launch or reentry; and ``(B) the holder of the license or permit and space flight participant have complied with all requirements of the laws of the United States related to launching or reentering a space flight participant.''. (14) Section 70105(d) of title 49, United States Code, as so redesignated by paragraph (7) of this subsection, is amended by inserting ``or permit'' after ``of a license''. (15) Section 70106(a) of title 49, United States Code, is amended-- (A) by inserting ``at a site used for crew training,'' after ``assemble a launch vehicle or reentry vehicle,''; and (B) by striking ``section 70104(c)'' and inserting ``sections 70104(c) and 70105(c)(4)''. (16) Section 70110(a)(1) of title 49, United States Code, is amended by striking ``70105(a)'' and inserting ``70105''. (17) Section 70112(b)(1) of title 49, United States Code, is amended-- (A) by inserting ``space flight participants,'' after ``its contractors, subcontractors,''; (B) by inserting ``or by space flight participants,'' after ``its own employees''; and (C) by adding at the end the following: ``The requirement for space flight participants to make a reciprocal waiver of claims with the licensee or transferee shall expire 3 years after the first licensed launch of a launch vehicle carrying a space flight participant.''. (18) Section 70112(b)(2) of title 49, United States Code, is amended-- (A) by inserting ``crew, space flight participants,'' after ``transferee, contractors, subcontractors,''; and (B) by inserting ``or by space flight participants,'' after ``its own employees''. (19) Section 70113(a)(1) of title 49, United States Code, is amended by inserting ``but not against a space flight participant,'' after ``subcontractor of a customer,''. (20) Section 70113(f) of title 49, United States Code, is amended by striking ``December 31, 2004.'' and inserting ``December 31, 2007. This section does not apply to permits.''. (21) Section 70115(b)(1)(D)(i) of title 49, United States Code, is amended by inserting ``crew training site,'' after ``site of a launch vehicle or reentry vehicle,''. (22) Section 70119 of title 49, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) $11,776,000 for fiscal year 2005; ``(2) $11,776,000 for fiscal year 2006; and ``(3) $11,776,000 for fiscal year 2007.''. (23) Section 70120 of title 49, United States Code, is amended by adding at the end the following new subsections: ``(c) Amendments.--Not later than 12 months after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary shall publish proposed regulations to carry out that Act, including regulations relating to crew, space flight participants, and permits for launch or reentry of reusable suborbital rockets. Not later than 18 months after such date of enactment, the Secretary shall issue final regulations. ``(d) Effective Date.--(1) Licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board and permits may be issued by the Secretary prior to the issuance of the regulations described in subsection (c). ``(2) As soon as practicable after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary shall issue guidelines or advisory circulars to guide the implementation of that Act until regulations are issued. ``(3) Notwithstanding paragraphs (1) and (2), no licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board or permits may be issued starting three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004 unless the final regulations described in subsection (c) have been issued.''. SEC. 4. STUDY ON THE GRADUAL ELIMINATION OF COMMERCIAL SPACE TRANSPORTATION LIABILITY RISK SHARING REGIME. Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall enter into an appropriate arrangement with the National Academy of Public Administration to conduct a study of how best to gradually eliminate the liability risk sharing regime in the United States for commercial space transportation under section 70113 of title 49, United States Code. The study shall assess methods by which the liability risk sharing regime could be eliminated by 2008 or as soon as possible thereafter and the impact those methods would be likely to have on the commercial space transportation industry. The methods examined shall include incremental approaches. SEC. 5. TECHNICAL AMENDMENT. Section 102(c) of the Commercial Space Act of 1998 is repealed. Passed the House of Representatives March 4, 2004. Attest: JEFF TRANDAHL, Clerk.
Commercial Space Launch Amendments Act of 2004 - (Sec. 2) States that Congress finds that: (1) the goal of opening space to the American people and to their private commercial enterprises should guide Federal space investments, policies, and regulations; (2) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space; (3) greater private investment in these efforts will stimulate the commercial space transportation industry; and (4) space transportation is inherently risky. (Sec. 3) Amends the Commercial Space Launch Act to define the following terms: (1) crew; (2) permit; (3) space flight participant; (4) suborbital rocket; and (5) suborbital trajectory. Amends the definitions of: (1) launch; (2) launch services; (3) reentry services; (4) launch vehicle; (5) reenter and reentry; and (6) third party. Declares that regulatory authority for such transportation shall be carried out by the Secretary of Transportation (as under current law), but through the Associate Administrator for Commercial Space Transportation. Provides for the issuance of experimental permits (including permits for reusable suborbital rockets) allowing for an unlimited number of launches. Directs the Secretary when issuing permits, in order to encourage the development of a commercial space flight industry and to the greatest extent practicable, to use the authority to waive, by regulation, any Federal law requirement as a requirement for a license if such requirement is not necessary to protect the public health and safety, safety of property, and U.S. national security and foreign policy interests. Limits the Secretary's authority to issue permits for reusable suborbital rockets to those rockets that will be launched or reentered solely for: (1) research and development to test new design concepts, new equipment, or new operating techniques; (2) showing compliance with requirements as part of the process for obtaining a license; or (3) crew training before obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued. Prohibits operating a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire. Permits the holder of a license or a permit to: (1) launch or reenter crew only if the crew has received specified training and has satisfied specified medical standards; (2) launch or reenter a space flight participant only if the holder of the license or permit has informed the space flight participant in writing about the risks of the launch or reentry, including the safety record of the vehicle type, and the space flight participant has provided written informed consent to participation; and (3) launch and reenter crews and space flight participants only in accordance with regulations and applicable laws. Provides for expedited procedures for the issuance of permits. Requires crew and space flight participants to execute reciprocal waivers of claims with licensees and permitees and the Federal government. Declares that the requirement for flight participants shall expire three years after the first licensed launch of a launch vehicle carrying the space flight participant. Makes liability indemnification program requirements inapplicable to space flight participants. Extends from December 31, 2004, through December 31, 2007, liability insurance and financial responsibility requirements. Authorizes appropriations through FY 2007. (Sec. 4) Requires the Secretary of Transportation to arrange with the National Academy of Public Administration for a study to assess: (1) methods by which the liability risk sharing regime for commercial space transportation could be eliminated by 2008 (or as soon as possible thereafter); and (2) the impact those methods would be likely to have on the commercial space transportation industry.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Highway Aid Performance- Based Improvement Act of 2017''. SEC. 2. PILOT PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 171. Consolidated funding pilot program ``(a) In General.--The Secretary shall carry out a consolidated funding pilot program (referred to in this section as the `program') in 3 States, as selected by the Secretary, that are eligible under subsection (c)-- ``(1) to transform the Federal-aid highway program to a performance- and outcome-based program that refocuses investment of resources on transportation projects that make progress toward the achievement of the national goals described in paragraphs (1) through (7) of section 150(b); and ``(2) to continue advancements made under the Moving Ahead for Progress in the 21st Century Act (Public Law 112-141; 126 Stat. 405) and the Fixing America's Surface Transportation Act (Public Law 114-94; 129 Stat. 1312) to streamline program categories by demonstrating how additional flexibility would enable States to make investment decisions that better achieve State and national goals while advancing accountability and transparency of the Federal-aid highway program. ``(b) Implementation.-- ``(1) In general.--In carrying out the program, of those funds apportioned to a participating eligible State and after suballocations, set-asides, and pass-throughs made within each State to entities other than the transportation department of the State (including a metropolitan planning organization and a regional transportation planning organization), the Secretary shall treat the apportionments remaining with the State transportation department under the individual apportionment programs described in section 104 as a single, consolidated apportionment. ``(2) Eligible activities.--Activities eligible under the program shall include all activities eligible for the individual apportionment programs described in section 104. ``(c) Eligibility.--To be eligible to participate in the program-- ``(1) a State selected by the Secretary under subsection (a) shall-- ``(A) demonstrate that well-established performance management systems are in place in the State for the national goals for-- ``(i) safety described in section 150(b)(1); and ``(ii) infrastructure condition described in section 150(b)(2); ``(B) demonstrate that the performance management systems in place in the State include a system of metrics and performance measures that guide the State in using program funds and prioritizing projects-- ``(i) to ensure an effective use of resources; and ``(ii) to further the objectives of the program; and ``(C) demonstrate progress made toward achieving measurable performance of national goals for-- ``(i) congestion reduction described in section 150(b)(3); ``(ii) system reliability described in section 150(b)(4); ``(iii) freight movement and economic vitality described in section 150(b)(5); ``(iv) environmental sustainability described in section 150(b)(6); and ``(v) reduced project delivery delays described in section 150(b)(7); and ``(2) the head of the State agency with primary jurisdiction over highways shall enter into a written agreement with the division administrator of the field office of the Federal Highway Administration located in the State and any metropolitan planning organization located in the State, which shall specify which individual apportionment programs or portions of programs referred to in subsection (b) shall be included in the program in that State. ``(d) Term.--The Secretary shall carry out the program for a term of not fewer than 6 years. ``(e) Termination.--Participation of a State in the program may be terminated-- ``(1) by the Secretary if-- ``(A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State under the program; ``(B) the Secretary provides to the State-- ``(i) notification of the determination of noncompliance under subparagraph (A); and ``(ii) a period of not less than 30 days during which the State may take such corrective action as the Secretary determines necessary to comply with the program; and ``(C) after the notification of noncompliance and the expiration of the period under subparagraph (B), the State has not taken satisfactory corrective action, as determined by the Secretary; or ``(2) by the State at any time if-- ``(A) not later than 90 days before the date of termination, the State provides to the Secretary notice of the termination; and ``(B) the State complies with such other terms or conditions as the Secretary determines to be necessary. ``(f) Reports.-- ``(1) State reporting requirements.--Participating eligible States shall submit to the Secretary an annual report-- ``(A) demonstrating how performance management systems were used to guide the decisionmaking process of the State in the development of the statewide transportation improvement program of the State under section 135; and ``(B) describing the results of the program based on performance measures that demonstrate progress toward the achievement of performance goals. ``(2) Report to congress.--The Secretary shall submit to Congress an annual report that describes the administration of the program.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 170 the following: ``171. Consolidated funding pilot program.''.
Federal Highway Aid Performance-Based Improvement Act of 2017 This bill directs the Department of Transportation (DOT) to carry out a six-year consolidated funding pilot program in three states, selected by DOT, to: (1) transform the federal-aid highway program to a performance- and outcome-based program, and (2) continue advancements made in prior enactments to streamline program categories. The bill sets forth eligibility criteria for participation by states in the pilot program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reading Readiness Act of 2001''. SEC. 2. READING READINESS REPORT AND EVALUATION OF CURRENT BEST READING READINESS PRACTICES. Section 649(d) of the Head Start Act (42 U.S.C. 9844(d)) is amended-- (1) in subsection (d)-- (A) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively, and (B) by inserting after paragraph (1) the following: ``(2) determine whether every Head Start program is providing to children who participate in such program the tools necessary to succeed in school, including reading readiness, and to review current best practices of Head Start programs with respect to reading readiness;'', and (2) in the matter following paragraph (10), as so redesignated, by striking ``paragraph (9)'' and inserting ``paragraph (10)''. SEC. 3. REQUIRING READING READINESS IN ALL HEAD START PROGRAMS. The Head Start Act (42 U.S.C 9831 et seq.) is amended-- (1) in section 636 by inserting ``(including a strong focus on reading readiness)'' after ``other services'', and (2) in section 638 by inserting ``(including a strong focus on reading readiness)'' after ``other services''. SEC. 4. INCENTIVE FOR HEAD START PROGRAMS TO ADOPT CURRENT BEST PRACTICES IN READING READINESS ACTIVITIES. (a) Financial Assistance.--Section 638 of the Head Start Act (42 U.S.C. 9833) is amended-- (1) by inserting ``(a)'' after ``Sec.'', and (2) by adding at the end the following: ``(b) From the portion specified in section 639(b)(4), the Secretary shall award grants under this subsection on a competitive basis to applicants selected by the Secretary to carry out current best practices in reading readiness activities.''. (b) Priority Use of Allotted Funds.--Section 640(a)(2)(C) of the Head Start Act (42 U.S.C. 9835(a)(2)(C)) is amended in the matter preceding clause (i) by inserting ``reading readiness and'' after ``carry out''. SEC. 5. SENSE OF THE CONGRESS ON MAKING HEAD START SEAMLESS. (a) Findings.--The Congress finds the following: (1) Recent early brain research has yielded evidence of the need to help children in the earliest years of life in order to ensure their success in school and in life. (2) The Early Head Start pilot program begun in 1994 has proven the value of intervention with younger children and their families. (3) Head Start programs have shown an increasing interest to expand the scope of their preschool programs to include infants, toddlers, and their families, and there is nothing in the Head Start Act that precludes the Secretary of Health and Human Services from approving the use of preschool Head Start funds to enroll children less than 3 years of age. (b) Sense of the Congress.--It is the sense of the Congress that the Secretary of Health and Human Services should immediately take such steps as may be necessary to allow Head Start grantees that find evidence of community need, to modify the use of their current grants so as to enroll infants and toddlers in Head Start programs without obtaining a separate Early Head Start grant. SEC. 6. NATIONAL HEAD START ENROLLMENT CAMPAIGN. The Secretary of Health and Human Services shall implement an outreach campaign to promote enrollment in Head Start programs and Early Head Start programs and shall include in such campaign-- (1) forceful messages that convey the fact that participating in such programs increases the ability of children to learn to read, and (2) outreach activities in hospitals, clinics, Federal food assistance programs, child care referral agencies, and other programs that serve the health needs of children and pregnant women. SEC. 7. INCREASED ELIGIBILITY THRESHOLD. Section 645(a)(1)(B)(i) of the Head Start Act (42 U.S.C. 9840(a)(1)(B)(i)) is amended to read as follows: ``(i) programs demonstrating by community assessment that all reasonable attempt has been made to enroll children whose families' incomes are below the poverty line may make eligible for participation in the program children whose families' incomes are no greater than 150 percent of the poverty line; and''. SEC. 8. SENSE OF THE CONGRESS REGARDING FULL FUNDING OF THE HEAD START ACT. It is the sense of the Congress that the Congress should appropriate sufficient funds to carry out the Head Start Act so that all children who are eligible to participate in programs under such Act (including children who are on waiting lists to participate in such programs) may participate in such programs. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 639 of the Head Start Act (42 U.S.C. 9834) is amended-- (1) in subsection (a) by striking ``such sums'' and all that follows through ``2003'', and inserting ``$9,200,000,000 for fiscal year 2002, and $11,200,000,000 for fiscal year 2003'', and (2) in subsection (b)-- (A) in paragraph (2) by striking ``and'' at the end, (B) in paragraph (3) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(4) not more than $1,000,000,000 for each of the fiscal years 2002 and 2003 to provide additional funds for expansion of existing Head Start programs or for new grantees who are using current best practices in reading readiness activities identified under section 649(d)(2).''.
Reading Readiness Act of 2001 - Amends the Head Start Act to require Head Start programs to include a strong focus on reading readiness. Requires research, demonstration, and evaluation activities to: (1) determine whether every Head Start program is providing participating children the tools necessary to succeed in school, including reading readiness; and (2) review current best practices of Head Start programs with respect to reading readiness.Directs the Secretary of Health and Human Services to award competitive grants to selected Head Start applicants to carry out current best practices in reading readiness activities.Allows Head Start programs that demonstrate by community assessment that all reasonable attempt has been made to enroll children whose families' incomes are below the poverty line to make eligible for program participation children whose families' incomes are no greater than 150 percent of the poverty line.Directs the Secretary to implement an outreach campaign to promote enrollment in Head Start programs and Early Head Start programs.Expresses the sense of Congress that: (1) the Secretary should allow Head Start grantees that find evidence of community need to modify the use of their current grants so as to enroll infants and toddlers without obtaining a separate Early Head Start grant; and (2) Congress should appropriate sufficient funds to carry out the Head Start Act so that all eligible children may participate.
{"src": "billsum_train", "title": "To amend the Head Start Act to ensure that every child who is eligible to participate in a program under such Act has the tools to learn to read."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Exercise and Fitness For All Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Individuals with disabilities can maintain and improve their health through appropriate physical activity. (2) In the 2008 Physical Activity Guidelines for Americans (referred to as the ``Guidelines''), the Department of Health and Human Services recommends that individuals with disabilities, who are able, participate in regular aerobic activity. (3) The Guidelines also recommend that adults with disabilities, who are able, do muscle-strengthening activities of moderate or high intensity on 2 or more days a week, as these activities provide additional health benefits. (4) The Guidelines recommend that when adults with disabilities are not able to meet the Guidelines, they should engage in regular physical activity according to their abilities and avoid inactivity. (5) Unfortunately, many individuals with disabilities are unable to engage in the recommended exercise or fitness activities due to the inaccessibility of exercise or fitness equipment. (6) Physical inactivity by adults with disabilities can lead to increased risk for functional limitations and secondary health conditions. (b) Purpose.--The purposes of this Act are-- (1) to encourage exercise and fitness service providers to provide accessible exercise and fitness equipment for individuals with disabilities; and (2) to provide guidance about the requirements necessary to ensure that such exercise and fitness equipment is accessible to, and usable by, individuals with disabilities. SEC. 3. DEFINITIONS. In this Act: (1) Access board.--The term ``Access Board'' means the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). (2) Accessible exercise or fitness equipment.--The term ``accessible exercise or fitness equipment'' means exercise or fitness equipment that is accessible to, and can be independently used and operated by, individuals with disabilities. (3) Exercise or fitness equipment.--The term ``exercise or fitness equipment'' means devices such as motorized treadmills, stair climbers or step machines, stationary bicycles, rowing machines, weight machines, circuit training equipment, cardiovascular equipment, strength equipment, or other exercise or fitness equipment. (4) Exercise or fitness service provider.--The term ``exercise or fitness service provider'' means a gymnasium, health spa, health club, college or university facility, or other similar place of exercise or fitness that-- (A) is considered a public accommodation under section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181) or is considered a public entity under section 201 of such Act (42 U.S.C. 12131); and (B) provides exercise or fitness equipment for the use of its patrons. (5) Individual with a disability.--The term ``individual with a disability'' means any person with a disability as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (6) Individuals with disabilities.--The term ``individuals with disabilities'' means more than one individual with a disability. SEC. 4. EXERCISE AND FITNESS ACCESSIBILITY GUIDELINES. (a) Establishment of Guidelines.--Not later than 18 months after the date of enactment of this Act, the Access Board shall develop and publish guidelines for exercise or fitness service providers regarding the provision of accessible exercise or fitness equipment, including relevant personnel training. (b) Contents of Guidelines.--The guidelines described in subsection (a) shall-- (1) be consistent with the Standard Specification for Universal Design of Fitness Equipment for Inclusive Use by Persons with Functional Limitations and Impairments of the American Society for Testing and Materials (ASTM F3021-13) (and any future revisions thereto); (2) ensure that-- (A) exercise or fitness equipment is accessible to, and usable by, individuals with disabilities; and (B) individuals with disabilities have independent entry to, use of, and exit from the exercise or fitness equipment, to the maximum extent possible; and (3) take into consideration the following: (A) Whether the exercise or fitness service provider is a new or existing facility. (B) Whether the exercise or fitness service provider is staffed or not. (C) Instruction and additional assistance on the use of the accessible exercise or fitness equipment (including specific accessibility features) for individuals with disabilities. (D) The size and overall financial resources of the exercise or fitness service provider. (E) The availability of closed captioning of video programming displayed on equipment and televisions provided by an exercise or fitness service provider. (c) Review and Amendment.--The Access Board shall periodically review and, as appropriate, amend the guidelines, and shall issue the resulting guidelines as revised guidelines. SEC. 5. TAX CREDIT FOR EXPENDITURES TO PROVIDE ACCESSIBLE EXERCISE OR FITNESS EQUIPMENT. (a) In General.--Paragraph (1) of section 44(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``paid or incurred by an eligible small business'' and inserting ``paid or incurred-- ``(A) by an eligible small business'', (2) by striking ``section).'' and inserting ``section), and'', and (3) by inserting at the end the following: ``(B) by an eligible small business which is an exercise or fitness service provider for the purpose of providing for use by individuals with disabilities accessible exercise or fitness equipment that meets the guidelines established by the Access Board under section 4 of the Exercise and Fitness for All Act. Any term used in subparagraph (B) which is defined in section 3 of the Exercise and Fitness for All Act shall have the meaning given such term in such section, as in effect on the date of the enactment of such subparagraph.''. (b) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after the date of the enactment of this Act.
Exercise and Fitness For All Act - Directs the Access Board to develop and publish guidelines for exercise or fitness service providers to provide accessible exercise or fitness equipment, including relevant personnel training. Requires such guidelines to ensure that exercise or fitness equipment is accessible to, and usable by, individuals with disabilities. Amends the Internal Revenue Code to allow eligible small businesses a tax credit for providing accessible exercise or fitness equipment for use by individuals with disabilities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Privacy Protection Act''. SEC. 2. PROHIBITIONS RELATING TO INFORMATION COLLECTION DEVICES. (a) Prohibition.--It is unlawful for any person to knowingly make, import, export, distribute, sell, offer for sale, install, or use an information collection device in a manner that violates any regulation issued under subsection (b). (b) Regulations.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, the Federal Trade Commission shall issue regulations that make it unlawful under subsection (a) for any person-- (A) to knowingly make, import, export, distribute, sell, or offer for sale an information collection device, unless the device has a label that discloses in a manner that is readily apparent and understood that the device may transmit from a computer information that is identifiable to that computer, to a primary user of that computer, or to an individual who operates that computer but is not a primary user thereof; (B) to knowingly install an information collection device on a computer that is not under general management and control of that person, unless that person in accordance with regulations issued under paragraph (2)-- (i) has given a primary user of that computer notice of such installation; and (ii) after providing such notice to a primary user, has obtained the consent of the primary user to such installation; or (C) to knowingly use an information collection device to transmit from a computer that is not under general management and control of that person, any information that is identifiable to that computer, to a primary user of that computer, or to an individual who operates that computer but is not a primary user thereof, unless that person in accordance with regulations issued under paragraph (2)-- (i) has given a primary user of that computer notice that the device may transmit such information; and (ii) after providing such notice to a primary user, has obtained consent by the primary user to such a transmission. (2) Notice and consent.--For purposes of notice and consent required by paragraph (1), regulations shall require that-- (A) notice be given and consent be obtained for each instance of installation or use of an information collection device; and (B) consent is effective only if the person obtaining the consent has a good faith belief that the person giving the consent-- (i) has attained 18 years of age; and (ii) has authority to give such consent. (c) Limitation on Application of Regulations.--Regulations issued under subsection (b)(1)(A) shall not prohibit the making, importation, exportation, distribution, sale, or offer for sale of any information collection device made before the date of the enactment of this Act. (d) Penalty.-- (1) In general.--Subject to paragraph (2), whoever violates this section shall be fined $500 for the first such violation and $1,500 for each subsequent violation. (2) Information about minors.--Whoever commits a violation of a regulation issued under subsection (b)(1)(C) shall be fined twice the amount of the fine that would otherwise apply under this subsection if such violation results in the transmission from a computer of information that is identifiable to-- (A) an individual who operates that computer and has not attained 18 years of age; or (B) that computer if a primary user of that computer is an individual who has not attained such age. (3) Subsequent violations.--Each violation of a regulation issued under subsection (b)(1), including each transmission of information in violation of subsection (b)(1)(C), constitutes a separate violation for purposes of this subsection. (e) Definitions.--For purposes of this section: (1) Computer.--The term ``computer'' means a programmable electronically activated device that-- (A) is capable of accepting information, applying prescribed processes to the information, and supplying the results of those processes with or without human intervention; and (B) consists of a central processing unit containing extensive storage, logic, and control capabilities. (2) Information collection device.--The term ``information collection device'' means any device that-- (A) is a computer program that is capable of collecting and transmitting from a computer to a person other than a primary user of that computer, information that is identifiable to that computer, to a primary user of that computer, or to an individual who operates that computer but is not a primary user thereof; and (B) does not consist of only a simple identifying string of computer code, commonly referred to as a ``cookie''. (3) Primary user.--The term ``primary user'' means any individual with general authority over management and use of a computer or any person on whose behalf an individual exercises such general authority.
Sets forth civil penalties for violations of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids Vision Care Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Good vision is essential for proper physical development and educational progress in growing children. (2) Many serious ocular conditions are treatable if identified in the preschool and early school-aged years. (3) Early detection of ocular conditions provides the best opportunity for effective, inexpensive treatment and can have far-reaching implications for vision. (4) Various identification methods, whether vision screening or comprehensive eye exams required by State laws, will identify children needing services. A child identified through vision screening should receive a comprehensive eye exam followed by subsequent treatment as needed. A child identified through a comprehensive eye exam should receive subsequent treatment as needed. All children identified as needing services should have access to subsequent treatment as needed. SEC. 3. GRANTS REGARDING VISION CARE FOR CHILDREN. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may award grants to States on the basis of an established review process for the purpose of complementing existing State efforts for-- (1) providing comprehensive eye examinations by a licensed optometrist or ophthalmologist for children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of 9 years; (2) providing treatment or services, subsequent to the examinations described in paragraph (1), necessary to correct vision problems; and (3) developing and disseminating, to parents, teachers, and health care practitioners, educational materials on recognizing signs of visual impairment in children. (b) Criteria and Coordination.-- (1) Criteria.--The Secretary, in consultation with appropriate professional and consumer organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- (A) governing the operation of the grant program under subsection (a); and (B) for the collection of data related to vision assessment and the utilization of follow up services. (2) Coordination.--The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 of the Public Health Service Act (relating to health centers) (42 U.S.C. 254b), the program under title XIX of the Social Security Act (relating to the Medicaid program) (42 U.S.C. 1396 et seq.), the program under title XXI of such Act (relating to the State children's health insurance program) (42 U.S.C. 1397aa et seq.), and with other Federal or State programs that provide services to children. (c) Application.--To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary an application in such form, made in such manner, and containing such information as the Secretary may require, including-- (1) information on existing Federal, Federal-State, or State-funded children's vision programs; (2) a plan for the use of grant funds, including how funds will be used to complement existing State efforts (including possible partnerships with non-profit entities); (3) a plan to determine if a grant eligible child has been identified as provided for in section 3(a); and (4) a description of how funds will be used to provide items or services only as a secondary payer to-- (A) any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by any entity that provides health services on a prepaid basis. (d) Evaluations.--To be eligible to receive a grant under subsection (a), a State shall agree that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- (1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; (2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and (3) such other information as the Secretary may require. (e) Limitations in Expenditure of Grant.--A grant may be made under subsection (a) only if the State involved agrees that the State will not expend more than 20 percent of the amount received under the grant to carry out the purpose described in paragraph (3) of such subsection. (f) Definition.--For purposes of this section, the term ``comprehensive eye examination'' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2007 through 2011.
Kids Vision Care Act of 2006 - Allows the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants to states to: (1) provide comprehensive eye examinations by a licensed optometrist or ophthalmologist for children identified by a licensed health care provider or vision screener, with priority to children under age nine; (2) provide treatment or services to correct vision problems of such children; and (3) develop and disseminate educational materials on recognizing signs of visual impairment in children.
{"src": "billsum_train", "title": "To establish a grant program to provide vision care to children."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005''. SEC. 2. BANKRUPTCY RELIEF FOR VICTIMS OF HURRICANE KATRINA. (a) In General.--Notwithstanding any other provision of law, the provisions of title 11, United States Code, as in effect on August 29, 2005, shall apply to any case described in subsection (b). (b) Eligibility.--A case described in this subsection is a case commenced during the 12-month period beginning on the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, under title 11, United States Code (other than under chapter 12 of that title 11), by or on behalf of a debtor-- (1) who resides, or who resided on August 29, 2005, in any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) in connection with Hurricane Katrina; and (2) whose financial condition is materially adversely affected by the major disaster. SEC. 3. DEFINITIONS; WHO MAY BE A DEBTOR. (a) Current Monthly Income.--Section 101(10A)(B) of title 11, United States Code, is amended-- (1) by striking ``and payments'' and inserting ``payments''; and (2) by inserting before the period at the end ``, and payments to victims of a natural disaster, on account of their status as victims of a natural disaster''. (b) Natural Disaster; Natural Disaster Zone.--Section 101 of title 11, United States Code, is amended-- (1) by redesignating paragraphs (40A) and (40B) as paragraphs (40C) and (40D), respectively; and (2) by inserting after paragraph (40) the following: ``(40A) The term `natural disaster' means-- ``(A) a major disaster, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); or ``(B) a situation similar to such a major disaster (as so defined), with respect to which a determination is made in accordance with State law that such situation exists. ``(40B) The term `natural disaster zone' means the geographical area included in the determination of a natural disaster.''. (c) Victim of Natural Disaster.--Section 101 of title 11, United States Code, is amended by adding at the end the following: ``(56) The term `victim of a natural disaster' means a person-- ``(A) whose financial condition is materially adversely affected by a natural disaster; and ``(B) whose domicile, residence, or principal place of business in the United States, or whose principal assets in the United States, were located in a natural disaster zone immediately preceding the event that caused the natural disaster.''. (d) Who May Be a Debtor.--Section 109(h)(4) of title 11, United States Code, is amended by inserting ``natural disaster,'' after ``disability,''. SEC. 4. AMENDMENTS TO CHAPTER 3. Section 362(b)(22) of title 11, United States Code, is amended by inserting ``(excluding a debtor who is a victim of a natural disaster)'' after ``debtor'' the first place that term appears. SEC. 5. AMENDMENTS TO CHAPTER 5. Section 521 of title 11, United States Code, is amended by adding at the end the following: ``(k) The Court may extend any time period specified in this section as may be necessary if-- ``(1) the debtor is a victim of a natural disaster; and ``(2) the debtor's status as a victim of a natural disaster necessitates such extension of time.''. SEC. 6. AMENDMENTS TO CHAPTER 7. (a) Debtor's Monthly Expenses.--Section 707(b)(2)(A)(ii) of title 11, United States Code, is amended by adding at the end the following: ``(IV) In addition, the debtor's monthly expenses may include the actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster.''. (b) Limitation on Conversion of Case.--Section 707(b)(2) of title 11, United States Code, is amended by adding at the end the following: ``(E) Subparagraphs (A), (B), and (C) shall not apply, and the court may not dismiss or convert a case under this subsection, if the debtor is a victim of a natural disaster.''. SEC. 7. AMENDMENTS TO CHAPTER 11. (a) Conversion of Case.--Section 1112(b) of title 11, United States Code, is amended-- (1) in paragraph (2)(B)(i), by inserting ``, including a natural disaster'' before the semicolon; and (2) in paragraph (3), by inserting ``(including a natural disaster)'' after ``circumstances''. (b) Who May File a Plan.--Section 1121(e)(3) of title 11, United States Code, is amended-- (1) in subparagraph (A), by inserting ``(i)'' after ``(A)''; (2) in subparagraph (C), by striking the period at the end and inserting ``; or''; (3) by redesignating subparagraphs (B) and (C) as clauses (ii) and (iii), respectively; and (4) by adding at the end the following: ``(B) the debtor is unable to meet the deadline because of a natural disaster.''. (c) Extension of Time for Small Businesses.--Chapter 11 of title 11, United States Code, is amended-- (1) in the table of sections, by adding at the end the following: ``1117. Extension of time for small businesses''; and (2) in subchapter I, by adding at the end the following: ``Sec. 1117. Extension of time for small businesses ``Notwithstanding any other provision of this title, in a small business case, the court may extend any deadline specified in this chapter if the court finds that such extension is-- ``(1) necessary to protect the best interests of the creditors and the estate; or ``(2) warranted by a natural disaster.''. SEC. 8. AMENDMENTS TO CHAPTER 13. (a) Conversion or Dismissal.--Section 1307(e) of title 11, United States Code, is amended by adding at the end the following: ``The Court may extend any time period specified in this subsection as may be necessary if-- ``(1) the debtor is a victim of a natural disaster; and ``(2) the debtor's status as a victim of a natural disaster necessitates such extension of time.''. (b) Filing of Prepetition Tax Returns.--Section 1308 of title 11, United States Code, is amended by adding at the end the following: ``(d) The Court may extend any time period specified in this subsection as may be necessary if-- ``(1) the debtor is a victim of a natural disaster; and ``(2) the debtor's status as a victim of a natural disaster necessitates such extension of time.''. SEC. 9. AMENDMENTS TO TITLE 28, UNITED STATES CODE. Section 1408 of title 28, United States Code, is amended-- (1) by inserting ``(a)'' before ``Except'', and (2) by adding at the end the following: ``(b) If a case under title 11 cannot be commenced in a district court described in subsection (a) because a person is the victim of a natural disaster (as defined in section 101 of title 11), then a case under title 11 may be commenced by such person in the district court for the district in which such person resides.''. SEC. 10. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--This Act and the amendments made by this Act shall take effect on October 18, 2005. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on and after October 17, 2005.
Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005 - Applies the provisions of federal bankruptcy law, as in effect on August 29, 2005, to any case commenced (except under chapter 12) during the 12-month period beginning on October 17, 2005, (the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)) by a debtor: (1) who on August 29, 2005, resided in any area declared by the President as a major disaster related to Hurricane Katrina; and (2) whose financial condition is materially adversely affected by such disaster. Authorizes the bankruptcy court to extend statutory deadlines governing debtor's submission of specified financial documentation if the debtor's status as a victim of a natural disaster necessitates such extension. Expands debtor's non-abusive monthly expenses to include actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster. States that if the debtor is a victim of a natural disaster: (1) the presumption of bankruptcy abuse is inapplicable; and (2) the court may not dismiss or convert the case for either an individual (Chapter 7) or a business debtor (Chapter 11). Authorizes the court to grant an extension of time to comply with bankruptcy deadlines if it finds that: (1) it is warranted by a natural disaster in the case of a small business debtor; and (2) the debtor's status as a victim of a natural disaster necessitates such extension in the case of a chapter 13 debtor capable of making periodic payments. Amends the federal judicial code to permit a case in bankruptcy to be commenced in the district court for the district in which a person who is the victim of a natural disaster resides.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Quality Research, Development, and Technology Demonstration Act''. SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT. 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 Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). SEC. 3. TECHNICAL ASSISTANCE. (a) Technical Assistance for Rural and Small Treatment Works.-- Section 104(b) (33 U.S.C. 1254(b)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; and''; and (3) by adding at the end the following: ``(8) make grants to nonprofit organizations to provide technical assistance to rural and small municipalities for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities to plan, develop, and gain financing for wastewater infrastructure assistance; ``(9) make grants to nonprofit organizations to provide technical assistance and training to rural and small publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this Act; and ``(10) make grants to nonprofit organizations to disseminate information to rural municipalities, small municipalities, and municipalities that meet the affordability criteria established under section 603(i)(2) by the State in which the municipality is located with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.''. (b) Authorization of Appropriations.--Section 104(u) (33 U.S.C. 1254(u)) is amended-- (1) by striking ``and (6)'' and inserting ``(6)''; and (2) by inserting before the period at the end the following: ``(7) not to exceed $80,000,000 for fiscal year 2003, $85,000,000 for fiscal year 2004, $90,000,000 for fiscal year 2005, $95,000,000 for fiscal year 2006, and $100,000,000 for fiscal year 2007 for carrying out subsections (b)(3), (b)(8), (b)(9), and (b)(10), except that not less than 20 percent of the amounts appropriated pursuant to this paragraph in a fiscal year shall be used for carrying out subsections (b)(8), (b)(9), and (b)(10)''. (c) Competitive Procedures for Awarding Grants.--Section 104 (33 U.S.C. 1254(b)) is amended by adding at the end the following: ``(v) Competitive Procedures for Awarding Grants.--The Administrator shall establish procedures that, to the maximum extent practicable, promote competition and openness in the award of grants to nonprofit private agencies, institutions, and organizations under this section.''. SEC. 4. CAPITALIZATION GRANT AGREEMENT ADDITIONAL REQUIREMENT. Section 602(b) (33 U.S.C. 1382(b)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting a semicolon; and (3) by adding at the end the following: ``(11) beginning in fiscal year 2004, the State will include as a condition of providing assistance under section 603(c)(1) that the recipient of such assistance study and evaluate the cost and effectiveness of innovative and alternative processes, materials, and techniques for carrying out projects and activities eligible for such assistance under section 603(c), and select, to the extent practicable, projects and activities that more efficiently use energy and natural and financial resources or provide greater environmental benefits.''. SEC. 5. ASSISTANCE AND SUBSIDIZATION. (a) Technical and Planning Assistance for Small Systems.--Section 603(d) (33 U.S.C. 1383(d)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; and''; and (3) by adding at the end the following: ``(8) to provide to treatment works, which serve a population of 20,000 or fewer, with technical and planning assistance to improve wastewater treatment plant management and operations; except that such amounts shall not exceed 2 percent of grant awards to such fund under this title.''. (b) Additional Subsidization.--Section 603 (33 U.S.C. 1383) is amended by adding at the end the following: ``(i) Additional Subsidization.-- ``(1) In general.--In any case in which a State provides assistance under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans, for projects and activities eligible for assistance under section 603(c)(1) to implement innovative and alternative processes, materials, and techniques (including nonstructural protection of surface waters, new or improved methods of waste treatment, and pollutant trading) that are of a type recommended under paragraph (2) and that may result in cost savings or increased environmental benefit when compared to standard processes, materials, and techniques. ``(2) Support for innovative and alternative processes, materials, and techniques.--Based on recommendations of the Water Quality Research Technical Advisory Committee under section 104(a)(3), the Administrator shall annually prepare a list and description of innovative and alternative processes, materials, and techniques that the Administrator recommends for additional State subsidization under this subsection.''. SEC. 6. PROGRAM PLAN. Section 104 (33 U.S.C. 1254) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as subparagraphs (A), (B), (C), (D), (E), and (F), respectively; and (B) by moving such subparagraphs 2 ems to the right; (2) by striking the section heading, the section designation, and ``(a) The Administrator shall'' and inserting the following: ``SEC. 104. RESEARCH, INVESTIGATION, TRAINING, AND INFORMATION. ``(a) National Programs.-- ``(1) Establishment.--The Administrator shall''; and (3) by adding at the end of subsection (a) the following: ``(2) Program plan.-- ``(A) In general.--Not later than 18 months after the date enactment of this subparagraph, the Administrator, in cooperation with other Federal, State, and local agencies and nonprofit organizations with expertise in water pollution control research, development, and technology demonstration, shall prepare and transmit to Congress a 5-year program plan to guide water pollution control research, development, and technology demonstration activities under this Act. ``(B) Comments of advisory committee.--The program plan shall be submitted to the Water Quality Research Technical Advisory Committee established under paragraph (3) for review and comment. ``(3) Water quality research technical advisory committee.-- ``(A) Establishment.--Not later than 12 months after the date of enactment of this Act, the Administrator shall establish under paragraph (1)(D) a Water Quality Research Technical Advisory Committee (in this paragraph referred to as the `Advisory Committee'). ``(B) Duties.--The Advisory Committee shall-- ``(i) advise the Administrator on the development and implementation of the program plan under paragraph (1); ``(ii) advise the Administrator annually on priority needs for water pollution control research, development, and technology demonstration under this Act and resources necessary for meeting such needs; ``(iii) make recommendations annually to the Administrator on types of innovative and alternative processes, materials, and techniques that should be recommended for additional subsidization under section 603(i); and ``(iv) review annually the results of water pollution control research, development, and technology demonstration carried out under this Act in the preceding fiscal year. ``(C) Membership.--The Advisory Committee shall be composed of 7 members appointed by the Administrator after seeking and receiving recommendations from the National Academy of Sciences. Members appointed to the Advisory Committee shall have experience or be technically qualified, by training or knowledge, in water pollution control research, development, and technology demonstration. ``(D) Compensation.--The members of the Advisory Committee shall serve without compensation, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. ``(E) Meetings.--The Advisory Committee shall meet at least 4 times each year. ``(F) Termination.--The Advisory Committee shall terminate 5 years after the date of its establishment. ``(4) Reports to congress.--Not later than 1 year after the date of enactment of the Water Quality Research, Development, and Technology Demonstration Act, and annually thereafter, the Administrator shall transmit to Congress a report on the status and results to date of the implementation of the program plan prepared under paragraph (2). Each report shall include the comments of the Water Quality Research Technical Advisory Committee under paragraphs (2) and (3).''. SEC. 7. TECHNOLOGY DEMONSTRATION PROGRAM FOR WATER QUALITY ENHANCEMENT AND MANAGEMENT. Title I of the Act (33 U.S.C. 1251 et seq.) is amended-- (1) by redesignating the second section 121 (relating to wet weather watershed pilot projects) as section 122; and (2) by adding at the end the following: ``SEC. 123. TECHNOLOGY DEMONSTRATION PROGRAM FOR WATER QUALITY ENHANCEMENT AND MANAGEMENT. ``(a) Establishment.-- ``(1) In general.--As soon as practicable after the date of enactment of this section, the Administrator shall establish a nationwide demonstration program to-- ``(A) promote innovations in technology and alternative approaches to water quality management; and ``(B) reduce costs to municipalities incurred in complying with this Act. ``(2) Scope.--The demonstration program shall consist of 10 projects per year, to be carried out in municipalities selected by the Administrator under subsection (b). ``(b) Selection of Municipalities.-- ``(1) Application.--A municipality that seeks to be selected to participate in the demonstration program shall submit to the Administrator a plan that-- ``(A) is developed in coordination with-- ``(i) the Water Quality Research Technical Advisory Committee established under section 104(a)(3); ``(ii) the agency of the State having jurisdiction over water quality; and ``(iii) interested stakeholders; ``(B) describes adverse water quality impacts specific to surrounding ecosystems; ``(C) includes a strategy under which the municipality, through participation in the demonstration program, could effectively address those impacts and achieve the same water quality goals as those goals that could be achieved using more traditional methods or are mandated under this Act; and ``(D) includes a schedule for achieving the goals of the municipality. ``(2) Types of projects.--In carrying out the demonstration program, the Administrator may select projects which have the potential to advance innovative or alternative approaches to addressing-- ``(A) excessive nutrient growth; ``(B) water reclamation and reuse; ``(C) nonpoint source water pollution; ``(D) sanitary overflows; ``(E) combined sewer overflows; ``(F) problems with naturally-occurring constituents of concern; or ``(G) problems with erosion and excess sediment. ``(3) Responsibilities of administrator.--In selecting municipalities under this subsection, the Administrator shall-- ``(A) ensure, to the maximum extent practicable-- ``(i) the inclusion in the demonstration program of projects which reflect a broad geographic distribution and nontraditional approaches (including low-impact development technologies) used for the projects; and ``(ii) that each category of project described in paragraph (2) is adequately represented; ``(B) give higher priority to projects that address multiple problems and are regionally applicable; ``(C) ensure, to the maximum extent practicable, that at least 1 small community having a population of 10,000 or less receives a grant each year; and ``(D) ensure that, for each fiscal year, no municipality receives more than 25 percent of the total amount of funds made available for the fiscal year to provide grants under this section. ``(4) Cost sharing.--The non-Federal share of the cost of a project carried out under this section shall be at least 20 percent. ``(c) Reports.-- ``(1) Reports from municipalities.--A municipality that is selected for participation in the demonstration program shall submit to the Administrator, on the date of completion of a project of the municipality and on each of the dates that is 1, 2, and 3 years after that date, a report that describes the effectiveness of the project. ``(2) Reports to congress.--Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Administrator shall compile, and submit to Congress, a report that describes the status and results of the demonstration program. ``(d) Incorporation of Results and Information.--To the maximum extent practicable, the Administrator shall incorporate the results of, and information obtained from, successful projects under this section into programs administered by the Administrator. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2003 through 2007.''.
Water Quality Research, Development, and Technology Demonstration Act - Amends the Federal Water Pollution Control Act (FWPCA) to authorize the Administrator of the Environmental Protection Agency to make grants to nonprofit organizations to provide technical and information assistance for rural and small treatment works. Requires establishment of procedures for the competitive award of grants.Extends funding for State- and interstate-managed pollution control programs.Revises State water pollution control revolving fund provisions concerning: (1) agreements for treatment works capitalization grants; (2) technical and planning assistance for small treatment works; and (3) additional subsidization.Requires the Administrator to: (1) prepare and transmit to Congress a five-year program plan to guide water pollution control research, development, and technology demonstration activities under FWPCA; and (2) submit the plan for review and comment to the Water Quality Research Technical Advisory Committee established by this Act; (3) establish a nationwide demonstration program, carried out in selected municipalities, to promote technological innovations and alternative approaches to water quality management and reduce municipalities' FWPCA compliance costs.
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SECTION 1. DEFINITIONS. As used in this Act: (1) School district.--The term ``School District'' means the Lame Deer High School District No. 6., Rosebud County, Montana. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribe.--The term ``Tribe'' means the Northern Cheyenne Tribe. SEC. 2. NORTHERN CHEYENNE LAND TRANSFER. (a) Conveyance of Lands.--Notwithstanding any other provision of law, the Secretary shall convey by patent to the School District all right, title, and interest of the United States and the Tribe in the lands described in subsection (b) for use by the School District only for the purposes of constructing and operating on the lands a public high school and related facilities. (b) Description of Lands.-- (1) General legal description.--The lands described in this paragraph are within the Northern Cheyenne Indian Reservation, as follows: The W\1/2\ of SE\1/4\ and the E\1/2\ of SW\1/4\ of section 10, township 3 south, range 41 east, M.P.M. (2) Narrative description.--Such lands may be described as follows: Beginning at the south \1/4\ corner of such section 10, thence south 89 degrees 56 minutes west 393.31 feet, on and along the south line of such section 10 to the true point of beginning, thence south 89 degrees 56 minutes west 500 feet, on and along such section line, thence north 00 degrees 00 minutes east, 575.0 feet, thence north 54 degrees 9 minutes 22 seconds east, 2,382.26 feet, thence south 23 degrees 44 minutes 21 seconds east, 622.56 feet, thence south 51 degrees 14 minutes 40 seconds west, 2,177.19 feet, to the true point of beginning, containing in all 40.0 acres, more or less. SEC. 3. PATENT. The patent issued by the Secretary under this Act shall be issued subject to the following conditions: (1) Title to all coal and other minerals, including oil, gas, and other natural deposits, within the lands described in section 2(b) shall remain with the Secretary to be held in trust for the Tribe, as provided in Public Law 90-424 (82 Stat. 424). (2) The lands described in section 2(b) conveyed to the School District may be used only by the School District and only for the purposes of constructing and operating on the lands a public high school and related facilities. (3) If, on the termination of the 8-year period beginning on the date of issuance of the patent, classes have not commenced in a permanent public high school facility established on the lands described in section 2(b) conveyed to the School District, or if such classes commence at the facility during such period, but the facility subsequently permanently ceases operating as a public high school-- (A) all right, title, and interest to the lands described in section 2(b) conveyed to the School District, free and clear of all liens and encumbrances, shall automatically revert to the Secretary to be held in trust for the Tribe; and (B) the Secretary shall void the patent and the patent shall have no further force or effect. (4)(A) At any time after the conclusion of any litigation pending as of the date of enactment of this Act (including any trial and, if any, appellate proceedings) that challenges the decision made by the Superintendent of Public Instruction for the State of Montana on November 9, 1993, granting the petition to create the School District, and with the prior approval of the Superintendent of Public Instruction-- (i) the Tribe shall have the right to request the Secretary to void the patent in accordance with subparagraph (C); and (ii) if the Tribe makes such request and meets the requirements of subparagraph (C), the Tribe may enter into a lease with the School District pursuant to the Act of August 9, 1995 (69 Stat. 539, chapter 615; (25 U.S.C. 415(a))-- (I) covering the lands described in section 2(b); (II) of a term of 25 years, with a right to renew for an additional 25-year period; and (III) under which the lands described in section 2(b) shall be leased rent free to the School District for the exclusive purpose of constructing and operating a public high school and related facilities on such lands. (B) Any lease entered into pursuant to subparagraph (A) shall, notwithstanding subparagraph (A)(II), terminate upon the termination of the period specified in paragraph (3) if, by such date, classes have not commenced in a permanent public high school facility established on the lands described in section 2(b) conveyed to the School District, or if, during such period, such classes commence at the facility, but the facility subsequently permanently ceases operating as a public high school. (C) If the Tribe seeks and obtains approval of the Superintendent of Public Instruction of the State of Montana, the Tribe may enter into a lease, if the lease is signed by the Tribe and approved by the Secretary. Such lease shall comply with the requirements of this paragraph. At such time as the Tribe enters into a lease under this paragraph, the Secretary shall void the patent, and, subject to the leasehold interest offered to the School District, title to the lands described in section 2(b), free and clear of all liens and encumbrances, shall automatically revert to the Secretary in trust for the Tribe. (D) The Tribe may at any time irrevocably relinquish the right of the Tribe to enter into a lease under this paragraph by resolution of the Northern Cheyenne Tribal Council that explicitly provides for the relinquishment of the right. SEC. 4. EFFECT OF ACCEPTANCE OF PATENT. Upon the acceptance by the School District of a patent issued by the Secretary under this Act, the School District, and any party who may subsequently acquire any right, title, or interest in the lands described in section 2(b) by or through the School District, shall be subject to the terms and conditions set forth in paragraphs (1) through (4) of section 3.
Directs the Secretary of the Interior to transfer certain lands on the Northern Cheyenne Indian Reservation, Montana, to the Lame Deer High School District No. 6, Rosebud County, Montana, for construction of a high school and related facilities. Stipulates that such lands shall revert to the Secretary (to held in trust for the Northern Cheyenne Tribe) if the high school is not operating within a specified time or ceases operations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ammunition Safety Act of 1995''. SEC. 2. DEALERS OF AMMUNITION. (a) Definition.--Section 921(a)(11)(A) of title 18, United States Code, is amended by inserting ``or ammunition'' after ``firearms''. (b) Licensing.--Section 923(a) of title 18, United States Code, is amended-- (1) in the matter preceding paragraph (1) by striking ``or importing or manufacturing ammunition'' and inserting ``or importing, manufacturing, or dealing in ammunition''; and (2) in paragraph (3)-- (A) in subparagraph (A), by striking ``or'' the last place it appears; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) by inserting the following new subparagraph: ``(C) in ammunition other than ammunition for destructive devices, $10 per year.''. (c) Unlawful Acts.--Section 922(a)(1)(A) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by inserting ``or ammunition'' after ``firearms''; and (ii) by inserting ``or ammunition'' after ``firearm''; and (B) in subparagraph (B), by striking ``or licensed manufacturer'' and inserting ``licensed manufacturer, or licensed dealer''; (2) in paragraph (2), in the matter preceding subparagraph (A), by inserting ``or ammunition'' after ``firearm''; (3) in paragraph (3), by inserting ``or ammunition'' after ``firearm'' the first place it appears; (4) in paragraph (5), by inserting ``or ammunition'' after ``firearm'' the first place it appears; and (5) in paragraph (9), by inserting ``or ammunition'' after ``firearms''. (d) Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in paragraph (5)-- (A) in subparagraph (A)(i), by striking ``1 year'' and inserting ``2 years''; and (B) in subparagraph (B)-- (i) in clause (i), by striking ``1 year'' and inserting ``2 years''; and (ii) in clause (ii), by striking ``10 years'' and inserting ``20 years''; and (2) by adding at the end the following new subsection: ``(o) Except to the extent a greater minimum sentence is otherwise provided, any person at least 18 years of age who violates section 922(g) shall be subject to-- ``(1) twice the maximum punishment authorized by this subsection; and ``(2) at least twice any term of supervised release.''. (e) Application of Brady Handgun Violence Prevention Act To Transfer of Ammunition.--Section 922(t) of title 18, United States Code, is amended by inserting ``or ammunition'' after ``firearm'' each place it appears. SEC. 3. REGULATION OF ARMOR PIERCING AND NEW TYPES OF DESTRUCTIVE AMMUNITION. (a) Testing of Ammunition.--Section 921(a)(17) of title 18, United States Code, is amended-- (1) by redesignating subparagraph (D), as added by section 2(e)(2), as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph: ``(D)(i) Notwithstanding subchapter II of chapter 5 of title 5, United States Code, not later than 1 year after the date of enactment of this subparagraph, the Secretary shall-- ``(I) establish uniform standards for testing and rating the destructive capacity of projectiles capable of being used in handguns; ``(II) utilizing the standards established pursuant to subclause (I), establish performance-based standards to define the rating of `armor piercing ammunition' based on the rating at which the projectiles pierce armor; and ``(III) at the expense of the ammunition manufacturer seeking to sell a particular type of ammunition, test and rate the destructive capacity of the ammunition utilizing the testing, rating, and performance-based standards established under subclauses (I) and (II). ``(ii) The term `armor piercing ammunition' shall include any projectile determined to have a destructive capacity rating higher than the rating threshold established under subclause (II), in addition to the composition-based determination of subparagraph (B). ``(iii) The Congress may exempt specific ammunition designed for sporting purposes from the definition of `armor piercing ammunition'.''. (b) Prohibition.--Section 922(a) of title 18, United States Code, is amended-- (1) in paragraph (7)-- (A) by striking ``or import'' and inserting ``, import, possess, or use''; (B) in subparagraph (B), by striking ``and''; (C) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(D) the manufacture, importation, or use of any projectile that has been proven, by testing performed at the expense of the manufacturer of the projectile, to have a lower rating threshold than armor piercing ammunition.''; and (2) in paragraph (8)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) the manufacture, importation, or use of any projectile that has been proven, by testing performed at the expense of the manufacturer of the projectile, to have a lower rating threshold than armor piercing ammunition.''.
Ammunition Safety Act of 1995 - Amends the Federal criminal code to include persons selling ammunition within the definition of "dealer" for purposes of Federal firearms laws. Subjects dealers in ammunition to licensing requirements applicable to firearms dealers. Sets a $10 per year license fee for dealers in ammunition other than ammunition for destructive devices. Applies to ammunition specified prohibitions currently applicable to importing, manufacturing, dealing in, transporting, or receiving firearms without a license. Increases penalties for specified violations of Federal firearms provisions. Subjects any person at least 18 years of age who violates provisions regarding shipping, transporting, possessing, or receiving a firearm or ammunition by specified categories of persons (such as fugitives and illegal aliens) to twice the maximum punishment authorized and at least twice any term of supervised release, except to the extent a greater minimum sentence is otherwise provided. Makes specified provisions of the Brady Handgun Violence Prevention Act applicable to the transfer of ammunition. Requires the Secretary of the Treasury: (1) to establish uniform standards for testing and rating the destructive capacity of projectiles capable of being used in handguns; (2) utilizing such standards, to establish performance-based standards to define the rating of "armor piercing ammunition" based on the rating at which the projectiles pierce armor; and (3) at the expense of the ammunition manufacturer seeking to sell a particular type of ammunition, to test and rate the destructive capacity of the ammunition utilizing such standards. Defines "armor piercing ammunition" to include any projectile determined to have a destructive capacity rating higher than the threshold established, in addition to the composition-based determination. Authorizes the Congress to exempt specific ammunition designed for sporting purposes from such definition. Prohibits the possession or use of armor piercing ammunition, with exceptions. Permits the manufacture, importation, or use of any projectile that has been proven, by testing performed at the expense of the manufacturer, to have a lower rating threshold than armor piercing ammunition.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Consumption Reduction and Health Improvement Act of 1993''. SEC. 2. INCREASE IN TAXES ON TOBACCO PRODUCTS. (a) In General.-- (1) Cigars.--Subsection (a) of section 5701 of the Internal Revenue Code of 1986 (relating to rate of tax on cigars) is amended-- (A) by striking ``$1.125 cents per thousand (93.75 cents per thousand on cigars removed during 1991 and 1992)'' in paragraph (1) and inserting ``$4.6875 per thousand''; and (B) by striking paragraph (2) and inserting the following new paragraph: ``(2) Large cigars.--On cigars weighing more than 3 pounds per thousand, a tax equal to 50 percent of the price for which sold but not more than $120 per thousand.'' (2) Cigarettes.--Subsection (b) of section 5701 of such Code (relating to rate of tax on cigarettes) is amended-- (A) by striking ``$12 per thousand ($10 per thousand on cigarettes removed during 1991 and 1992)'' in paragraph (1) and inserting ``$50 per thousand''; and (B) by striking ``$25.20 per thousand ($21 per thousand on cigarettes removed during 1991 and 1992)'' in paragraph (2) and inserting ``$105 per thousand''. (3) Cigarette papers.--Subsection (c) of section 5701 of such Code (relating to rate of tax on cigarette papers) is amended by striking ``0.75 cent (0.625 cent on cigarette papers removed during 1991 or 1992)'' and inserting ``3.12 cents''. (4) Cigarette tubes.--Subsection (d) of section 5701 of such Code (relating to rate of tax on cigarette tubes) is amended by striking ``1.5 cents (1.25 cents on cigarette tubes removed during 1991 or 1992)'' and inserting ``6.25 cents''. (5) Snuff.--Paragraph (1) of section 5701(e) of such Code (relating to rate of tax on smokeless tobacco) is amended by striking ``36 cents (30 cents on snuff removed during 1991 or 1992)'' and inserting ``$1.50''. (6) Chewing tobacco.--Paragraph (2) of section 5701(e) of such Code is amended by striking ``12 cents (10 cents on chewing tobacco removed during 1991 or 1992)'' and inserting ``50 cents''. (7) Pipe tobacco.--Subsection (f) of section 5701 of such Code (relating to rate of tax on pipe tobacco) is amended by striking ``67.5 cents (56.25 cents on chewing tobacco removed during 1991 or 1992)'' and inserting ``$2.8125''. (b) Floor Stocks.-- (1) Imposition of tax.--On cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco manufactured in or imported into the United States which is removed before January 1, 1994, and held on such date for sale by any person, there shall be imposed the following taxes: (A) Small cigars.--On cigars, weighing not more than 3 pounds per thousand, $3.5625 per thousand. (B) Large cigars.--On cigars, weighing more than 3 pounds per thousand, a tax equal to 37.25 percent of the price for which sold, but not more than $90 per thousand. (C) Small cigarettes.--On cigarettes, weighing not more than 3 pounds per thousand, $38 per thousand. (D) Large cigarettes.--On cigarettes, weighing more than 3 pounds per thousand, $79.80 per thousand; except that, if more than 6\1/2\ inches in length, they shall be taxable at the rate prescribed for cigarettes weighing not more than 3 pounds per thousand, counting each 2\3/4\ inches, or fraction thereof, of the length of each as one cigarette. (E) Cigarette papers.--On cigarette papers, 2.37 cents for each 50 papers or fractional part thereof; except that, if cigarette papers measure more than 6\1/ 2\ inches in length, they shall be taxable at the rate prescribed, counting each 2\3/4\ inches, or fraction thereof, of the length of each as one cigarette paper. (F) Cigarette tubes.--On cigarette tubes, 4.75 cents for each 50 tubes or fractional part thereof; except that, if cigarette tubes measure more than 6\1/ 2\ inches in length, they shall be taxable at the rate prescribed, counting each 2\3/4\ inches, or fraction thereof, of the length of each as one cigarette tube. (G) Snuff.--On snuff, $1.14 per pound and a proportionate tax at the like rate on all fractional parts of a pound. (H) Chewing tobacco.--On chewing tobacco, 38 cents per pound and a proportionate tax at the like rate on all fractional parts of a pound. (I) Pipe tobacco.--On pipe tobacco, $2.1375 per pound and a proportionate tax at the like rate on all fractional parts of a pound. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco on January 1, 1994, to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be treated as a tax imposed under section 5701 of the Internal Revenue Code of 1986 and shall be due and payable on February 15, 1994, in the same manner as the tax imposed under such section is payable with respect to cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco removed on January 1, 1994. (3) Cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco.--For purposes of this subsection, the terms ``cigar'', ``cigarette'', ``cigarette paper'', ``cigarette tubes'', ``snuff'', ``chewing tobacco'', and ``pipe tobacco'' shall have the meaning given to such terms by subsections (a), (b), (e), and (g), paragraphs (2) and (3) of subsection (n), and subsection (o) of section 5702 of the Internal Revenue Code of 1986, respectively. (4) Exception for retail stocks.--The taxes imposed by paragraph (1) shall not apply to cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco in retail stocks held on January 1, 1994, at the place where intended to be sold at retail. (5) Foreign trade zones.--Notwithstanding the Act of June 18, 1934 (19 U.S.C. 81a et seq.) or any other provision of law-- (A) cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco-- (i) on which taxes imposed by Federal law are determined, or customs duties are liquidated, by a customs officer pursuant to a request made under the first proviso of section 3(a) of the Act of June 18, 1934 (19 U.S.C. 81c(a)) before January 1, 1994, and (ii) which are entered into the customs territory of the United States on or after January 1, 1994, from a foreign trade zone, and (B) cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco which-- (i) are placed under the supervision of a customs officer pursuant to the provisions of the second proviso of section 3(a) of the Act of June 18, 1934 (19 U.S.C. 81c(a)) before January 1, 1994, and (ii) are entered into the customs territory of the United States on or after January 1, 1994, from a foreign trade zone, shall be subject to the tax imposed by paragraph (1) and such cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco shall, for purposes of paragraph (1), be treated as being held on January 1, 1994, for sale. (c) Establishment of Trust Fund.-- (1) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end thereof the following new section: ``SEC. 9512. HEALTH REFORM TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Health Reform Trust Fund' (hereafter referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--The Secretary shall transfer to the Trust Fund an amount equivalent to the net increase in revenues received in the Treasury attributable to the amendments made to section 5701 by section 2(a) and the provisions contained in section 2(b) of the Tobacco Consumption Reduction and Health Reform Act of 1993, as estimated by the Secretary. ``(c) Distribution of Amounts in Trust Fund.-- ``(1) Uninsured persons.--Eighty percent of the amounts in the Trust Fund shall be available in each fiscal year, as provided by appropriation Acts, to the Secretary for the provision of medical care and medical insurance to persons without medical insurance. ``(2) Other.--Twenty percent of the amounts in the Health Reform Trust Fund shall be available in each fiscal year, as provided by appropriation Acts, to the Secretary to-- ``(A) develop and implement health education programs; ``(B) develop and implement smoking cessation programs; and ``(C) distribute to each State that was required by State law to decrease State taxes on the sale of tobacco products (as defined in section 5702(c)) as a result of the increase in the Federal excise tax on such products provided for in section 2(a) of the Tobacco Consumption Reduction and Health Reform Act of 1993.'' (2) Clerical amendment.--The table of sections for such subchapter A is amended by adding at the end thereof the following new item: ``Sec. 9512. Health Reform Trust Fund.'' (d) Effective Date.--The amendments made by this section shall apply with respect to cigars, cigarettes, cigarette paper, cigarette tubes, snuff, chewing tobacco, and pipe tobacco removed after December 31, 1993.
Tobacco Consumption Reduction and Health Improvement Act of 1993 - Amends the Internal Revenue Code to increase the excise tax on: (1) cigars; (2) cigarettes; (3) cigarette papers and tubes; (4) snuff; and (5) chewing and pipe tobacco. Imposes a tax on the floor stocks of such tobacco products which are removed before January 1, 1994. Makes an exception to the imposition of such tax for floor stocks of such products held on such date at the place intended to be sold at retail. Imposes such tax on such products entered into the United States from foreign trade zones before such date. Establishes in the Treasury the Health Reform Trust Fund composed of the net increases in revenues received by the Treasury as the result of this Act. Directs the Secretary to use: (1) 80 percent of such funds in a fiscal year for the provision of medical care and medical insurance to persons without such insurance; and (2) 20 percent for health education programs, smoking cessation programs, and distribution to States required to reduce State taxes on tobacco products as a result of the increase in the Federal excise tax under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``10 Million Solar Roofs Act of 2014''. SEC. 2. FINDINGS. Congress finds that-- (1) there is enormous potential for increasing the quantity of electricity produced in the United States from distributed solar photovoltaic systems; (2) as the market for solar technology continues to grow, the industry will achieve economies of scale that make the cost of solar-generated electricity broadly competitive with the cost of electricity from fossil fuels; (3) producing electricity from distributed solar photovoltaic systems helps to reduce greenhouse gas emissions and does not result in emissions of harmful air pollutants such as mercury, sulfur dioxide, and nitrogen oxides; (4) increasing the quantity of electricity generated from domestic renewable energy sources enhances national energy security; (5) investments in solar energy and other renewable energy sources lead to the creation of green jobs that provide substantial economic benefits; (6) the United States solar industry employed more than 140,000 people spread across all 50 States in 2013, which is a 53 percent increase over 2010, according to the Solar Foundation; and (7) the solar industry is investing almost $15,000,000,000 in the United States economy annually, according to GTM Research and the Solar Energy Industries Association. SEC. 3. DEFINITIONS. In this Act: (1) Photovoltaic system.--The term ``photovoltaic system'' includes-- (A) solar panels; (B) roof support structures; (C) inverters; (D) an energy storage system, if the energy storage system is integrated with the photovoltaic system; and (E) any other hardware necessary for the installation of a photovoltaic system. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. REBATES FOR PURCHASE AND INSTALLATION OF PHOTOVOLTAIC SYSTEMS. (a) In General.--The Secretary shall establish a program under which the Secretary shall provide rebates to eligible individuals or entities for the purchase and installation of photovoltaic systems for residential and commercial properties in order to install, over the 10- year period beginning on the date of enactment of this Act, at least an additional 10,000,000 photovoltaic systems in the United States (as compared to the number of photovoltaic systems installed in the United States as of the date of enactment of this Act) with a cumulative capacity of at least 60,000 megawatts. (b) Eligibility.-- (1) In general.--To be eligible for a rebate under this section-- (A) the recipient of the rebate shall be a homeowner, business, nonprofit entity, or State or local government that purchased and installed a photovoltaic system for a property located in the United States; and (B) the recipient of the rebate shall meet such other eligibility criteria as are determined to be appropriate by the Secretary. (2) Other entities.--After public review and comment, the Secretary may identify other individuals or entities located in the United States that qualify for a rebate under this section. (c) Amount.--Subject to subsection (d)(2), the amount of a rebate provided to an eligible individual or entity for the purchase and installation of a photovoltaic system for a property under this section shall be equal to the lesser of-- (1) 15 percent of the initial capital costs for purchasing and installing the photovoltaic system, including costs for hardware, permitting and other ``soft costs'', and installation; or (2) $10,000. (d) Intermediate Report.--As soon as practicable after the end of the 5-year period beginning on the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and publish on the website of the Department of Energy, a report that describes-- (1) the number of photovoltaic systems for residential and commercial properties purchased and installed with rebates provided under this section; and (2) any steps the Secretary will take to ensure that the goal of the installation of an additional 10,000,000 photovoltaic systems in the United States is achieved by 2024. (e) Relationship to Other Law.--The authority provided under this section shall be in addition to any other authority under which credits or other types of financial assistance are provided for installation of a photovoltaic system for a property. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
10 Million Solar Roofs Act of 2014 - Requires the Department of Energy (DOE) to establish a program to provide rebates for the purchase and installation of photovoltaic systems with the goal to install 10 million systems with a cumulative capacity of at least 60,000 megawatts over the next ten years. Includes within the photovoltaic system solar panels, roof support structures, inverters (to convert the current output from a solar panel into a frequency that can be fed into the electrical grid), an energy storage system if it is integrated with the system, and any other hardware necessary for the installation of a system.
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SECTION 1. FULFILLING THE POTENTIAL OF WOMEN IN ACADEMIC SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS. (a) Definition of Federal STEM Agency.--In this Act, the term ``Federal STEM agency'' means any Federal agency that is responsible for not less than 2 percent of total Federal research and development funding in science, technology, engineering, and mathematics (referred to in this Act as ``STEM'') to institutions of higher education, according to the most recent data available from the National Science Foundation. (b) Workshops To Enhance Gender Equity in Academic STEM.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy, shall develop a uniform policy for all Federal STEM agencies to carry out a program of workshops that educate program officers, members of grant review panels, and institution of higher education STEM department chairs on how to implement methods that minimize the influence of gender bias in evaluation of Federal research grants and in the related academic advancement of actual and potential recipients of these grants, including hiring, tenure, promotion, and selection for any honor based in part on the recipient's research record. (2) Interagency coordination.--The Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy, shall ensure that programs of workshops across the Federal STEM agencies are coordinated and supported jointly as appropriate. As part of this process, the Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy, shall ensure that at least 1 workshop is supported every 2 years among the Federal STEM agencies. (3) Organizations eligible to carry out workshops.--Federal STEM agencies may carry out the program of workshops under this subsection by making grants to eligible organizations. In addition to any other organizations made eligible by the Federal STEM agencies, the following organizations are eligible for grants under this subsection: (A) Nonprofit scientific and professional societies and organizations that represent 1 or more STEM disciplines. (B) Nonprofit organizations that have a primary mission or program focus of advancing the participation of women in STEM. (4) Characteristics of workshops.--The workshops shall have the following characteristics: (A) Invitees to workshops shall include at least-- (i) the chairs of departments in the relevant discipline from at least the top 50 institutions of higher education, as determined by the amount of Federal STEM research and development funds obligated to each institution of higher education in the prior year based on data available from the National Science Foundation; (ii) members of any standing research grant review panel appointed by the Federal STEM agencies; and (iii) Federal STEM agency program officers in the relevant discipline, other than program officers that participate in comparable workshops organized and run specifically for that agency's program officers. (B) Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the influence of gender bias in the grant-making process and the development of the academic record necessary to qualify as a grant recipient, including recruitment, hiring, tenure review, promotion, and other forms of formal recognition of individual achievement. (C) Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by women who are members of historically underrepresented groups and recommendations for increasing the numbers of women represented in these groups. (5) Report.--Not later than 3 years after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall transmit to the Secretary of Commerce who shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report determining-- (A) the effectiveness of the program carried out under this subsection to reduce gender bias towards women engaged in STEM research funded by the Federal Government; (B) any recommendations for improving the workshop evaluation process; (C) the rates of participation by invitees in the workshops authorized under this subsection; and (D) any relevant institutional policy or practice changes implemented by workshop participants. (6) Minimizing costs.--To the extent practicable, workshops shall be held in conjunction with national or regional disciplinary meetings to minimize costs associated with participant travel. (c) Extended Research Grant Support and Interim Technical Support for Caregivers.-- (1) Policies for caregivers.--Not later than 6 months after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy, shall develop a uniform policy to extend the period of grant support for federally funded researchers who have caregiving responsibilities. (2) Report.--Upon developing the policy required under paragraph (1), the Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy, shall transmit a copy of the policy to the Committee on Science and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate. (d) Collection and Reporting of Data on Federal Research Grants.-- (1) In general.--Each Federal STEM agency shall collect standardized annual composite information on demographics for all applications and proposals for STEM research and development grants to institutions of higher education supported by that agency, including-- (A) rank, gender, race, and age; (B) field; (C) award type and budget request; (D) review score; and (E) funding outcome. (2) Reporting of data.-- (A) In general.--The Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy, shall establish a policy to ensure uniformity and standardization of collection, transmittal, and reporting of the data required under paragraph (1). (B) Submission.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, each Federal STEM agency shall submit data collected under paragraph (1) to the Director of the National Science Foundation. (C) Responsibilities of the national science foundation.--The Director of the National Science Foundation shall-- (i) be responsible for storing and publishing all of the grant data submitted under subparagraph (B), in conjunction with the biennial report required under section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d); and (ii) share such data with the Secretary of Commerce. (e) Collection of Data on Demographics of Faculty.-- (1) Collection of data.--The Director of the National Science Foundation (referred to in this subsection as the ``Director'') shall report, in conjunction with the biennial report required under section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d), statistical summary data on the demographics of STEM discipline faculty at institutions of higher education in the United States. At a minimum, the Director shall consider-- (A) the number and percentage of faculty by gender, race, and age; (B) the number and percentage of faculty at each rank, by gender, race, and age; (C) the number and percentage of faculty who are in nontenure-track positions, including teaching and research, by gender, race, and age; (D) the number of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, by gender, race, and age; (E) faculty years in rank by gender, race, and age; (F) faculty attrition by gender, race, and age; (G) the number and percentage of faculty hired by rank, gender, race, and age; and (H) the number and percentage of faculty in leadership positions, including endowed or named chairs, serving on promotion and tenure committees, by gender, race, and age. (2) Recommendations.--The Director shall solicit input and recommendations from relevant stakeholders, including representatives from institutions of higher education and nonprofit organizations, on the collection of data required under paragraph (1), including the development of standard definitions on the terms and categories to be used in the collection of such data. (3) Report to congress.--Not later than 2 years after the date of enactment of this Act, the Director shall submit a report to Congress on how the National Science Foundation will gather the demographic data on STEM faculty, including-- (A) a description of the data to be reported and the sources of those data; (B) justification for the exclusion of any data described in subparagraph (A); and (C) a list of the definitions for the terms and categories, such as ``faculty'' and ``leadership positions'', to be applied in the reporting of all data described in subparagraph (A).
Defines a "federal STEM agency" as any federal agency responsible for not less than 2% of total federal research and development funding in science, technology, engineering, and mathematics (STEM) to institutions of higher education, according to National Science Foundation (NSF) data. Requires the Director of Office of Science and Technology Policy (OSTP) to develop a policy for federal STEM agencies to carry out a program of workshops that educate program officers, members of grant review panels, and institution of higher education (IHE) STEM department chairs on how to implement methods that minimize the influence of gender bias in the evaluation of federal research grants and in the related academic advancement of the recipients of these grants. Authorizes federal STEM agencies to make grants to eligible organizations to carry out workshops. Requires the Secretary of Commerce to support at least one workshop every two years among the federal STEM agencies. Requires the Director to transmit a report to Congress determining such program's effectiveness. Requires the Secretary to develop a policy to extend research grant support for federally funded researchers who are caregivers. Requires federal STEM agencies to collect specified standardized annual demographic data for all applications and proposals for STEM research and development grants to IHEs. Provides for the publication of such data. Requires NSF to report statistical summary data on the demographics of STEM faculty at IHEs in the United States and report to Congress on how NSF will gather such data.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategic and Critical Minerals Policy Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) the availability of minerals and metals is essential for economic growth, national security, technological innovation, and the manufacturing and agricultural supply chain; (2) the exploration, production, processing, use, and recycling of minerals contribute significantly to the economic well-being, security, and general welfare of the Nation; (3) the industrialization of China and India has driven demand for nonfuel mineral commodities, sparking a period of resource nationalism exemplified by China's reduction and stoppage of exports of rare-earth mineral elements necessary for telecommunications, military technologies, medical devices, agricultural production, and renewable energy technologies; (4) the United States has vast mineral resources but is becoming increasingly dependent upon foreign sources; (5) 25 years ago the United States was dependent on foreign sources for 30 nonfuel mineral materials, 6 of which were entirely imported to meet the Nation's requirements and another 16 of which were imported to meet more than 60 percent of the Nation's needs; (6) by 2010, United States import dependence for nonfuel mineral materials more than doubled from 30 to 67 commodities, 18 commodities were imported entirely to meet the Nation's requirements, and another 25 commodities required imports of more than 50 percent; (7) the United States lacks a coherent national policy to assure the availability of minerals essential to manufacturing, national economic well-being and security, agricultural production, and global economic competitiveness; and (8) the Nation's ability to compete and innovate requires proper planning and preparation today to meet tomorrow's mineral needs. SEC. 3. CONGRESSIONAL DECLARATION OF POLICY. (a) In General.--It is the continuing policy of the United States to promote an adequate and stable supply of minerals to maintain our Nation's economic well-being, security, and manufacturing, industrial, energy, agricultural, and technological capabilities. (b) Policy Goals.--Implementation of the policy set forth in subsection (a) requires that the Federal Government coordinate the Federal departments and agencies responsible for ensuring that supply, to-- (1) facilitate the availability, development, and production of domestic mineral resources to meet national needs, including the demands of the Nation's manufacturing and agricultural industries; (2) promote and encourage the development of economically and environmentally sound, safe, and stable domestic mining, minerals, metals, processing, and minerals recycling industries; (3) establish an assessment capability for identifying the mineral demands, supply, and needs of our Nation; and (4) minimize duplication, needless paperwork, and delays in the administration of Federal and State laws and regulations, and issuance of permits and authorizations necessary to explore, develop, and produce minerals and construct and operate mineral-related facilities. SEC. 4. SECRETARY OF THE INTERIOR REPORT ON ACCESS AND AUTHORIZATIONS FOR MINERAL DEVELOPMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, through the Bureau of Land Management and the United States Geological Survey, and in consultation with the Secretary of Agriculture (through the Forest Service Mineral and Geology Management Division), the Secretary of Defense, the Secretary of Commerce, and the heads of other appropriate Federal agencies, shall prepare, submit to Congress, and make available to the public a report that includes-- (1) an inventory of the nonfossil-fuel mineral potential of lands under the jurisdiction of the Bureau of Land Management and the Forest Service and an identification of all such lands that have been withdrawn, segregated, or otherwise restricted from mineral exploration and development; (2) an assessment of-- (A) the mineral requirements to meet current and emerging national security, economic, industrial manufacturing, technological, agricultural, and social needs; (B) the Nation's reliance on foreign sources to meet those needs; and (C) the implications of mineral supply shortages or disruptions; (3) a detailed description of the time required to process mineral applications, operating plans, leases, licenses, permits, and other use authorizations for mineral-related activities on lands under the jurisdiction of the Bureau of Land Management and the Forest Service, and identification of measures that would streamline the processing of such applications, such as elimination of overlapping requirements or set deadlines; (4) an itemized list of all use authorizations referred to in paragraph (3) for which applications are pending before the Bureau of Land Management and the Forest Service, and the length of time each of those applications has been pending; (5) an assessment of the impact of litigation on processing or issuing mineral exploration and mine permits, identification of the statutes the litigation was brought under, and the cost to the agency or the Federal Government, including for payments of attorney fees; (6) an update of the 2009 Economic Impact of the Department of the Interior's Programs and Activities report to include locatable minerals; (7) an assessment of the Federal workforce with educational degrees and expertise in economic geology, geochemistry, mining, industrial minerals, metallurgy, metallurgical engineering, and mining engineering, including-- (A) retirement eligibility and agency plans for retention, recruitment, and succession planning; (B) comparison of the existing Federal salaries and recruitment and retention bonuses with the salaries, recruitment incentives, and retention packages normally offered in the mineral industry; and (C) examination of the differences between Federal and private financial packages for early-, mid-, and late-career workers; and (8) an inventory of rare earth element potential on the Federal lands, and impediments or restrictions on the exploration or development of those rare earth elements, and recommendations to lift the impediments or restrictions while maintaining environmental safeguards. (b) Progress Reports.--Not later than one year after the date of enactment of this Act, and each year thereafter for the following two years, the Secretary of the Interior shall submit to Congress and make available to the public a report that describes the progress made in reaching the policy goals described in section 3(b), including-- (1) efforts to increase access to domestic supplies of minerals, and facilitation of their production; and (2) implementation of recommendations contained in-- (A) the National Research Council reports-- (i) Minerals, Critical Minerals, and the U.S. Economy; (ii) Managing Minerals for a Twenty-First Century Military; and (iii) the current workforce study authorized in sections 385 and 1830 of the Energy Policy Act of 2005 (119 Stat. 744, 1137); (B) the Department of Energy Critical Minerals Strategy I and II; and (C) the Department of Defense assessment and plan for critical rare earth elements in defense applications required under section 843 of the National Defense Appropriations Act for Fiscal Year 2011. SEC. 5. NATIONAL MINERAL ASSESSMENT. For the first National Mineral Assessment conducted after the date of enactment of this Act, the United States Geological Survey shall include mineral assessments for those mineral commodities important to the Nation's energy infrastructure, manufacturing and agricultural industries, and to the national defense. Priority should be given to minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction. SEC. 6. GLOBAL MINERAL ASSESSMENT. The United States Geological Survey is directed to expand the current Global Mineral Assessment to include mineral assessments for rare earth elements and other minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction. Assessments conducted under this section shall include an analysis, developed with participation by the National Minerals Information Center and in consultation with appropriate agencies, of the rare earth elements or other critical minerals supply chain and associated processes and products, including mining, processing, recycling, separation, metal production, alloy production, and manufacturing of products sold to end users. In conducting the assessment, the United States Geological Survey should coordinate with the heads of foreign geologic surveys when possible. SEC. 7. DEFINITIONS. In this Act-- (1) Inventory.--The term ``inventory'' means an accounting of known mineral occurrences and mineral deposits, including documentation of identified resources. (2) Mineral assessment.--The term ``mineral assessment'' means an assessment of undiscovered mineral resources that includes a qualitative assessment and a quantitative assessment of such resources. (3) Qualitative assessment.--The term ``qualitative assessment'' means a geologic-based delineation (mapping) of areas permissive for the occurrence of undiscovered mineral resources, based on all available geotechnical data including geology, geophysics, geochemistry, remote sensing, and mineral localities data. (4) Quantitative assessment.--The term ``quantitative assessment'' means a probabilistic estimate of the quantity and quality by tonnage and grade of undiscovered mineral resources in areas delineated as permissive for occurrence in a qualitative assessment. SEC. 8. APPLICABILITY OF OTHER STATUTORY MINING POLICIES. Nothing in this Act shall be construed as affecting any provision of or requirement under the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a). Amend the title so as to read: ``A bill to require the Secretary of the Interior to conduct an assessment of the capability of the Nation to meet our current and future demands for the minerals critical to United States manufacturing and agricultural competitiveness and economic and national security in a time of expanding resource nationalism, and for other purposes.''.
National Strategic and Critical Minerals Policy Act of 2011 - (Sec. 3) Declares that it is the continuing policy of the United States to promote an adequate and stable supply of minerals to maintain the nation's economic well-being, security, and manufacturing, industrial, energy, agricultural, and technological capabilities. (Sec. 4) Directs the Secretary of the Interior, through the Bureau of Land Management (BLM) and the U.S. Geological Survey (Survey), to report to Congress: (1) an inventory of the nonfossil-fuel mineral potential of lands under BLM and U.S. Forest Service jurisdiction; (2) an identification of all such lands that have been withdrawn, segregated, or otherwise restricted from mineral exploration and development; (3) a detailed description of the time required to process mineral applications, operating plans, leases, licenses, permits, and other use authorizations for mineral-related activities on lands; (4) an itemized list of all use authorizations for which applications are pending; (5) an assessment of the impact of litigation on the processing or issuing of permits; (6) an assessment of the federal workforce with educational degrees and expertise in economic geology, geochemistry, mining, industrial minerals, metallurgy, metallurgical engineering, and mining engineering; and (7) an inventory of rare earth element potential on federal lands, and impediments to or restrictions on the exploration or development of those rare earth elements, with recommendations to lift the impediments or restrictions while maintaining environmental safeguards. Requires progress reports to Congress on: (1) efforts to increase access to domestic supplies of minerals, and facilitation of their production; (2) implementation of recommendations in National Research Council reports on "Minerals, Critical Minerals, and the U.S. Economy" and on "Managing Minerals for a Twenty-First Century Military"; (3) the Department of Energy Critical Minerals Strategy I and II; and (4) a specified Department of Defense assessment and plan for critical rare earth elements in defense applications. (Sec. 5) Directs the Survey, for the first National Mineral Assessment conducted after enactment of this Act, to include mineral assessments for mineral commodities important to the nation's energy infrastructure, manufacturing and agricultural industries, and to the national defense. Urges priority be given to minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction. (Sec. 6) Directs the Survey to expand the current Global Mineral Assessment to include mineral assessments for rare earth elements and other minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction. Requires such assessments to include an analysis, developed with participation by the National Minerals Information Center, of the rare earth elements or other critical minerals supply chain and associated processes and products, including mining, processing, recycling, separation, metal production, alloy production, and manufacturing of products sold to end users.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rural Health Clinic Patient Access and Improvement Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Rural health clinic reimbursement. Sec. 3. Rural health clinic quality reporting initiative. Sec. 4. Rural health clinic and community health center collaborative access expansion. Sec. 5. GAO report on diabetes education and medical nutrition therapy services. Sec. 6. Rural health clinic provider retention demonstration project. Sec. 7. Definition of rural health clinic. Sec. 8. Medicare Advantage plan payments. Sec. 9. Sense of the Senate regarding adequacy of network-based health plans. SEC. 2. RURAL HEALTH CLINIC REIMBURSEMENT. Section 1833(f) of the Social Security Act (42 U.S.C. 1395l(f)) is amended-- (1) in paragraph (1), by striking ``, and'' at the end and inserting a semicolon; (2) in paragraph (2)-- (A) by striking ``in a subsequent year'' and inserting ``after 1988 and before 2010''; and (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(3) in 2010, at $92 per visit; and ``(4) in a subsequent year, at the limit established under this subsection for the previous year increased by the percentage increase in the MEI (as defined in section 1842(i)(3)) applicable to primary care services (as defined in section 1842(i)(4)) furnished as of the first day of that year.''. SEC. 3. RURAL HEALTH CLINIC QUALITY REPORTING INITIATIVE. Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(x) Incentive Payments for Rural Health Clinic Quality Reporting.-- ``(1) In general.--The Secretary shall implement a system to provide incentive payments for the satisfactory reporting of data on quality measures by eligible professionals, as defined in subsection (k)(3)(B) of section 1848, who are employed by a rural health clinic or provide services in a rural health clinic through a contractual arrangement, similar to the reporting system for covered professional services as established under subsections (k) and (m) of such section. ``(2) Amount; duration.--Incentive payments in the amount of $2 per visit shall be made to rural health clinics with respect to eligible professionals who furnish rural health clinic services during the period beginning on January 1, 2010, and ending on December 31, 2013. ``(3) Payment from trust fund.--The incentive payments provided under this subsection shall be made available from the Federal Supplementary Medical Insurance Trust Fund under section 1841. ``(4) Payment limits.--Incentive payments made under this subsection shall not be subject to the payment limits established under subsection (f). ``(5) Single form.--The Secretary shall provide rural health clinics that participate in the quality reporting system under this subsection with a single form for submission of data on quality measures and reimbursement claim information. ``(6) Reporting.--Not later than December 31, 2012, the Secretary shall prepare and submit a report to Congress on the quality reporting system established under this subsection, including-- ``(A) the number and types of services involved in the system; ``(B) the number of rural health clinics participating in the system; ``(C) the overall quality of care that was delivered by the rural health clinics during this period; ``(D) the patient outcomes under the system; ``(E) recommendations for improving the system; and ``(F) any additional related matters that the Secretary determines appropriate.''. SEC. 4. RURAL HEALTH CLINIC AND COMMUNITY HEALTH CENTER COLLABORATIVE ACCESS EXPANSION. Section 330 of the Public Health Service Act (42 U.S.C. 254b) is amended by adding at the end the following: ``(s) Rule of Construction With Respect to Rural Health Clinics.-- ``(1) In general.--Nothing in this section shall be construed to prevent a community health center from contracting with a federally certified rural health clinic (as defined by section 1861(aa)(2) of the Social Security Act) for the delivery of primary health care services that are available at the rural health clinic to individuals who would otherwise be eligible for free or reduced cost care if that individual were able to obtain that care at the community health center. Such services may be limited in scope to those primary health care services available in that rural health clinic. ``(2) Assurances.--In order for a rural health clinic to receive funds under this section through a contract with a community health center under paragraph (1), such rural health clinic shall establish policies to ensure-- ``(A) nondiscrimination based upon the ability of a patient to pay; and ``(B) the establishment of a sliding fee scale for low-income patients.''. SEC. 5. GAO REPORT ON DIABETES EDUCATION AND MEDICAL NUTRITION THERAPY SERVICES. Not later than July 1, 2012, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning the medical nutrition therapy counseling services provided by federally qualified health clinics. Such report shall specifically examine-- (1) the availability, health provider cost, reimbursement amount, and barriers to diabetes education and medical nutrition therapy services in federally qualified health clinics; (2) the availability, health provider cost, reimbursement amount, and quality outcomes of diabetes education and medical nutrition therapy services in rural and frontier areas; (3) the feasibility of implementing diabetes education and medical nutrition therapy services in rural health clinics; and (4) to the extent practical, analyze existing health outcomes and cost savings attributed to diabetes education and medical nutrition therapy services provided by federally qualified health centers and the potential health outcomes and cost savings if those services are offered in rural health clinics. SEC. 6. RURAL HEALTH CLINIC PROVIDER RETENTION DEMONSTRATION PROJECT. (a) In General.--The Secretary shall establish a demonstration project under which States are awarded grants to examine whether health care professionals can be recruited or retained to work in underserved rural areas by providing such professionals with medical malpractice subsidies. (b) Duration; Scope.--The demonstration project shall be conducted-- (1) for a 3-year period, beginning not later than January 1, 2011; and (2) in not more than 5 States. (c) State Application.--A State that desires to receive a grant under the demonstration project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including adequate assurances that the State-- (1) promotes the establishment and continued maintenance of rural health clinics within the State; and (2) is working to improve access to primary care and other health care services for rural residents of the State. (d) State Selection.--In awarding grants to States under this section, the Secretary shall-- (1) ensure the participation of States with a diverse selection of rural health clinics, including clinics with 3 or less full-time equivalent physicians, physician assistants, and nurse practitioners; (2) ensure the participation of States that maintain both provider-based and independent rural health clinics; (3) give preference to States with existing State-funded medical malpractice subsidy programs; and (4) give preference to States with 15 or more rural health clinics. (e) Distribution of Grant Funds by States to Rural Health Clinics.-- (1) In general.--A State awarded a grant under the demonstration project shall, acting through the State Office of Rural Health, select not less than 5 rural health clinics to receive grant funds for the purpose of subsidizing medical malpractice insurance costs for health care professionals employed by such clinics. (2) Rural health clinic application.--A rural health clinic that desires to receive a grant from the State under the demonstration project shall submit to the State Office of Rural Health an application at such time, in such manner, and containing such information as the Secretary may require, including assurances that the clinic shall-- (A) provide access to health care services for all individuals, regardless of ability to pay; (B) establish a sliding fee scale for low-income patients; (C) make health care services available to individuals for not less than 20 hours per week; and (D) meet any other requirements established by the Secretary to ensure proper and efficient use of grant funds. (3) Required clinic participation.--A State awarded a grant under the demonstration project shall provide grant funds to at least 1 provider-based rural health clinic and at least 1 independent rural health clinic. (4) Distribution of grant funds.-- (A) In general.--Subject to paragraph (B), a State shall provide each rural health clinic participating in the demonstration project with the lesser of-- (i) $5,000; or (ii) 50 percent of the aggregate cost of malpractice insurance purchased by each physician, physician assistant, nurse practitioner, and certified nurse midwife (or purchased by the rural health clinic on behalf of each physician, physician assistant, nurse practitioner, and certified nurse midwife) who, on a weekly basis, provides patient care services at the rural health clinic for an average of not less than-- (I) 20 hours per week; or (II) 80 percent of the operational hours of the clinic. (B) Special rule for obstetrics and gynecology.-- Subject to subparagraph (C), in the case of a rural health clinic participating in the demonstration project that provides obstetrical services, a State shall provide such clinic with the lesser of-- (i) $10,000; or (ii) 50 percent of the aggregate cost of malpractice insurance purchased by each physician, physician assistant, nurse practitioner, and certified nurse midwife (or purchased by the rural health clinic on behalf of each physician, physician assistant, nurse practitioner, and certified nurse midwife) who provides obstetrical services at the rural health clinic. (C) Amount of obstetrical care.--The Administrator of the Office of Rural Health Policy of the Health Resources and Services Administration shall develop standards for the amount of obstetrical care that a rural health clinic would have to provide in order to qualify for a grant under subparagraph (B). (f) Reporting.-- (1) Annual evaluations and reports.--The Secretary, acting through the Administrator of the Office of Rural Health Policy of the Health Resources and Services Administration, shall provide for an annual evaluation of the demonstration project and submit to Congress a report on the status of the project. (2) Final evaluation and report.--Not later than 12 months after completion of the demonstration project, the Secretary, acting through the Administrator of the Office of Rural Health Policy of the Health Resources and Services Administration, shall prepare and submit to Congress a final report and evaluation of the project. The report shall include-- (A) an assessment of the effectiveness of the project at recruiting and retaining health care professionals in underserved rural areas; (B) an assessment of the feasibility and efficacy of an expansion of the project to all States; and (C) an evaluation of the project in comparison with an expansion of coverage under chapter 171 of title 28, United States Code (commonly referred to as the ``Federal Tort Claims Act'') to include rural health clinics as a means of recruiting and retaining health care professionals in underserved rural areas. (g) Definitions.--In this section: (1) Certified nurse midwife.--The term ``certified nurse midwife'' has the same meaning given such term in section 1861(gg)(2) of the Social Security Act (42 U.S.C. 1395x(gg)(2)). (2) Demonstration project.--The term ``demonstration project'' means the demonstration project conducted under this section. (3) Nurse practitioner; physician assistant; rural health clinic.--The terms ``nurse practitioner'', ``physician assistant'', and ``rural health clinic'' have the same meaning given such terms in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)). (4) Physician.--The term ``physician'' has the same meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 7. DEFINITION OF RURAL HEALTH CLINIC. Section 1861(aa)(2) of the Social Security Act (42 U.S.C. 1395x(aa)(2)) is amended in the flush text by inserting before the last sentence the following: ``A facility that is in operation, that qualifies as a rural health clinic under this title or title XIX and that subsequently fails to satisfy the requirement in clause (i) that the clinic is not located in an urbanized area, shall, with respect to services furnished on or after the date of enactment of the Rural Health Clinic Patient Access and Improvement Act of 2009, be considered, for purposes of this title and title XIX, as still satisfying such requirement if it is determined that the clinic is located in an area defined by the State and certified by the Secretary as rural.''. SEC. 8. MEDICARE ADVANTAGE PLAN PAYMENTS. (a) In General.--Section 1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following: ``(4) Minimum payment rate for services furnished by a rural health clinic.--A contract under this section between a Medicare Advantage organization and the Secretary for the offering of a Medicare Advantage plan shall require the organization to provide for a payment rate under the plan for rural health clinic services furnished to enrollees of the plan (whether or nor the services are furnished pursuant to an agreement between the organization and a rural health clinic) that is not less than-- ``(A) the applicable payment rate established under part A or part B (which includes the payment of an interim rate and a subsequent cost reconciliation) with respect to the rural health clinic for such rural health clinic services; or ``(B) if the rural health clinic determines appropriate, 103 percent of the applicable interim payment rate established under part A or part B with respect to the rural health clinic for such rural health clinic services.''. (b) Effective Date.--The amendments made by this section shall apply to Medicare Advantage contract years beginning on or after January 1, 2010. SEC. 9. SENSE OF THE SENATE REGARDING ADEQUACY OF NETWORK-BASED HEALTH PLANS. It is the sense of the Senate that network-based health plans shall-- (1) be expected to provide a pool of health care professionals that is adequate to meet the needs of enrollees residing in rural and frontier areas; (2) ensure that enrollees residing in rural and frontier areas that have been designated by the Federal Government or a State government as lacking an adequate number of health care professionals are provided with reasonable access to an in- network provider; (3) make every effort to include as part of their provider network any State-licensed or certified health care professionals (particularly primary care and mental health professionals) that are available in many underserved rural and frontier areas; and (4) recognize that reliance on a physician-only network, or forcing enrollees to travel for more than 30 minutes to receive primary care or mental health services from a network provider, does not constitute an ``adequate'' network. The following distances should be used as guidelines in determining distances that correspond to a 30-minute travel time: (A) Under normal conditions with primary roads available: 20 miles. (B) In mountainous terrain or in areas with only secondary roads available: 15 miles. (C) In flat terrain or in areas connected by interstate highways: 25 miles.
Rural Health Clinic Patient Access and Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act with respect to rural health clinic reimbursement. Directs the Secretary of Health and Human Services (HHS) to make incentive payments to rural health clinic employees or contractors for satisfactory reporting of data on clinic quality measures. Amends the Public Health Service Act to allow a community health center to contract with a federally certified rural health clinic for the delivery of primary health care services to individuals who would otherwise be eligible for free or reduced cost care if they were able to obtain it at the community health center. Directs the Comptroller General to report to Congress on the diabetes education and medical nutrition therapy counseling services provided by federally qualified health clinics. Directs the Secretary to establish a demonstration project of grants to states to examine whether health care professionals can be recruited or retained to work in underserved rural areas by providing them with medical malpractice subsidies. States that a rural health clinic qualified under Medicare or Medicaid may be defined and certified by the Secretary as rural even if it fails to satisfy the requirement that it not be located in an urbanized area. Amends SSA title XVIII to establish the minimum Medicare Advantage plan payment rate for services furnished by a rural health clinic. Expresses the sense of the Senate concerning the adequacy of network-based health plans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Employment Benefits Act of 2012''. SEC. 2. STUDENT LOAN PAYMENT ASSISTANCE PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: ``SEC. 127A. STUDENT LOAN PAYMENT ASSISTANCE PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid or incurred by the employer for student loan payment assistance provided to such employee if the assistance is furnished pursuant to a program which is described in subsection (d). ``(b) Limitation.--The amount taken into account under paragraph (1) with respect to an individual for student loan assistance with respect to student loan payments during a taxable year shall not exceed $5,000. ``(c) Earned Income Limitation.--The amount excluded from the income of an employee under subsection (a) for any taxable year shall not exceed the earned income of such employee for such taxable year. ``(d) Student Loan Payment Assistance Program.-- ``(1) In general.--For purposes of this section a student loan payment assistance program is a separate written plan of an employer for the exclusive benefit of his employees to provide such employees with student loan payment assistance which meets the requirements of paragraphs (2) through (9) of this subsection. If any plan would qualify as a student loan payment assistance program but for a failure to meet the requirements of this subsection, then, notwithstanding such failure, such plan shall be treated as a student loan payment assistance program in the case of employees who are not highly compensated employees. ``(2) Discrimination.--The contributions or benefits provided under the plan shall not discriminate in favor of employees who are highly compensated employees (within the meaning of section 414(q)). ``(3) Eligibility.--The program shall benefit employees who qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees described in paragraph (2). ``(4) Principal shareholders or owners.--Not more than 25 percent of the amounts paid or incurred by the employer for student loan payment assistance during the year may be provided for the class of individuals who are shareholders or owners (or their spouses or dependents), each of whom (on any day of the year) owns more than 5 percent of the stock or of the capital or profits interest in the employer. ``(5) No funding required.--A program referred to in paragraph (1) is not required to be funded. ``(6) Notification of eligible employees.--Reasonable notification of the availability and terms of the program shall be provided to eligible employees. ``(7) Statement of expenses.--The plan shall furnish to an employee, on or before January 31, a written statement showing the amounts paid or expenses incurred by the employer in providing student loan payment assistance to such employee during the previous calendar year. ``(8) Benefits.-- ``(A) In general.--A plan meets the requirements of this paragraph if the average benefits provided to employees who are not highly compensated employees under all plans of the employer is at least 55 percent of the average benefits provided to highly compensated employees under all plans of the employer. ``(B) Salary reduction agreements.--For purposes of subparagraph (A), in the case of any benefits provided through a salary reduction agreement, a plan may disregard any employees whose compensation is less than $25,000. For purposes of this subparagraph, the term `compensation' has the meaning given such term by section 414(q)(4), except that, under rules prescribed by the Secretary, an employer may elect to determine compensation on any other basis which does not discriminate in favor of highly compensated employees. ``(9) Excluded employees.--For purposes of paragraphs (3) and (8), there shall be excluded from consideration-- ``(A) subject to rules similar to the rules of section 410(b)(4), employees who have not attained the age of 21 and completed 1 year of service (as defined in section 410(a)(3)), and ``(B) employees not included in a student loan payment assistance program who are included in a unit of employees covered by an agreement which the Secretary finds to be a collective bargaining agreement between employee representatives and 1 or more employees, if there is evidence that student loan payment benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Student loan payment assistance.-- ``(A) In general.--The term `student loan payment assistance' means the payment of principal or interest on-- ``(i) any indebtedness incurred by the employee solely to pay qualified higher education expenses (as defined in section 221) which-- ``(I) are paid or incurred within a reasonable period of time before or after the indebtedness was incurred, and ``(II) are attributable to education furnished during a period during which the employee was an eligible student, or ``(ii) any indebtedness used to refinance indebtedness described in clause (i). Such term shall not include any payment of principal or interest on indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer or to any person by reason of a loan under any qualified employer plan (as defined in section 72(p)(4)) or under any contract referred to in section 72(p)(5). ``(B) Eligible student.--The term `eligible student' has the meaning given such term by section 25A(b)(3). ``(C) Dependent.--The term `dependent' has the meaning given such term by section 152 (determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof). ``(2) Earned income.--The term `earned income' shall have the meaning given such term in section 32(c)(2), but such term shall not include any amounts paid or incurred by an employer for student loan payment assistance to an employee. ``(3) Employee.--The term `employee' includes, for any year, an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(4) Employer.--An individual who owns the entire interest in an unincorporated trade or business shall be treated as his own employer. A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (3). ``(5) Attribution rules.-- ``(A) Ownership of stock.--Ownership of stock in a corporation shall be determined in accordance with the rules provided under subsections (d) and (e) of section 1563 (without regard to section 1563(e)(3)(C)). ``(B) Interest in unincorporated trade or business.--The interest of an employee in a trade or business which is not incorporated shall be determined in accordance with regulations prescribed by the Secretary, which shall be based on principles similar to the principles which apply in the case of subparagraph (A). ``(6) Utilization test not applicable.--A student loan payment assistance program shall not be held or considered to fail to meet any requirements of subsection (d) (other than paragraphs (4) and (8) thereof) merely because of utilization rates for the different types of assistance made available under the program. ``(7) Disallowance of excluded amounts as credit or deduction.--No deduction or credit shall be allowed to the employee under any other section of this chapter for any amount excluded from the gross income of the employee by reason of this section.''. (b) Conforming Amendments.--Sections 221(d)(2)(A), 414(n)(3)(C) and (t)(2), 3121(a)(18), 3306(b)(13), 3401(a)(18), and 6039D(d)(1) of such Code are each amended by inserting ``127A,'' after ``127,''. (c) 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 127 the following new item: ``Sec. 127A. Student loan payment assistance programs.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
Student Loan Employment Benefits Act of 2012 - Amends the Internal Revenue Code to exclude from the gross income of an employee amounts paid by an employer under a student loan payment assistance program. Limits the amount of such exclusion to $5,000 in a taxable year. Requires an employer student loan payment assistance program to be a separate written plan of an employer to provide employees with student loan payment assistance. Defines "student loan payment assistance" as the payment of principal or interest on any indebtedness incurred by an employee solely to pay qualified higher education expenses which are paid or incurred within a reasonable time before or after such indebtedness was incurred and are attributable to education furnished during a period in which such employee was a student eligible for federal financial assistance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Export Facilitation Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The export sector of United States agriculture makes an important positive contribution to this country's trade balance. (2) The total value of United States exports of agricultural products shipped to Cuba since 2000 when such sales were first authorized by Congress is approximately $1,000,000,000, including transportation, port fees, and insurance costs. In December 2001, Cuba purchased approximately $4,300,000 in food and agricultural products. In 2002, Cuba purchased approximately $138,600,000 in food and agricultural products. In 2003, Cuba purchased approximately $256,900,000 in food and agricultural products. In 2004, Cuba purchased approximately $380,000,000 in food and agricultural products. Cuba ranked at the bottom of 226 agricultural export markets for United States companies in 2001; ranked 50th of 226 in 2002; ranked 35th of 219 in 2003; and ranked approximately 25th of 228 in 2004. Cuba is therefore an important source of revenue for United States agriculture and its affiliated industries, such as manufacturers and distributors of value- added food products. (3) To be competitive in sales to Cuban purchasers, United States exporters of agricultural products and their representatives, including representatives of United States air or sea carriers, ports and shippers, must have ready and reliable physical access to Cuba. Such access is currently uncertain because, under existing regulations, United States exporters and their representatives must apply for and receive special Treasury Department licenses to travel to Cuba to engage in sales-related activities. The issuance of such licenses is subject to both administrative delays and periodic denials. A blanket statutory authorization for sales and transport-related travel to Cuba by United States exporters will remove the current bureaucratic impediment to agricultural product sales endorsed by Congress when it passed the Trade Sanctions Reform and Export Enhancement Act of 2000. (4) On many occasions United States visas have been delayed and often denied to prospective Cuban purchasers of products authorized under the Trade Sanctions Reform and Export Enhancement Act of 2000. The result has been that family farmers and other small producers and distributors of agricultural products who lack the resources to fund sales delegations to Cuba have been denied access to potential purchasers in that country. A simple solution is for the Department of State to issue visas to Cuban nationals who demonstrate an itinerary of meetings with prospective United States exporters of products authorized under the Trade Sanctions Reform and Export Enhancement Act of 2000. In addition, visas should be issued to Cuban phytosanitary inspectors who require entry into the United States to conduct on-premise inspections of production and processing facilities and the products of potential United States exporters. (5) The Trade Sanctions Reform and Export Enhancement Act of 2000 requires ``payment of cash in advance'' for United States agricultural exports to Cuba. Some Federal agencies responsible for the implementation of the Trade Sanctions Reform and Export Enhancement Act of 2000 have expressed the view that ``cash in advance'' requires that payment be received by a United States exporter in advance of shipment of goods to Cuba. Indeed, late last year payments due United States exporters from purchasers in Cuba were frozen in United States banks while the terms of those payments were reviewed unnecessarily. This action by the Department of the Treasury has created a climate of commercial uncertainty that has inhibited agricultural sales under the Trade Sanctions Reform and Export Enhancement Act of 2000 to Cuba. (6) There is nothing in either the Trade Sanctions Reform and Export Enhancement Act of 2000 itself or its legislative history to support the view that Congress intended payment to be made in advance of the shipment of goods from this country to Cuba. It was and is the intent of Congress that a seller of a product authorized under the Trade Sanctions Reform and Export Enhancement Act of 2000 receive payment only before a Cuban purchaser takes physical possession of that product. (7) At present it is the policy of the United States Government to prohibit direct payment between Cuban and United States financial institutions. As a result, Cuban purchasers of products authorized under the Trade Sanctions Reform and Export Enhancement Act of 2000 must route their payments through third country banks that charge a fee for this service. Allowing direct payments between Cuban and United States financial institutions will permit the United States exporters to receive payment directly to their financial institutions within hours instead of days and will eliminate an unnecessary transactional fee, thereby allowing Cuban purchasers to purchase more United States origin agricultural products. (8) Trademarks and trade names are vital assets of the United States companies that export branded food products, including those who today or in the future may sell such products to Cuba under the Trade Sanctions Reform and Export Enhancement Act of 2000. Hundreds of United States companies have registered their trademarks in Cuba in order to ensure the exclusive right to use those trademarks when the United States trade embargo on that country is lifted. Moreover, following the enactment of the Trade Sanctions Reform and Export Enhancement Act of 2000, many United States companies are today exporting branded food products to Cuba where they hope to establish their brands with Cuban purchasers in order to benefit from current sales under the Trade Sanctions Reform and Export Enhancement Act of 2000, as well as position themselves for the larger post-embargo market for United States goods in Cuba. (9) Sales to Cuba of branded products of United States companies contribute to the livelihoods of American workers and the balance sheets of United States businesses. Those sales depend on the security of United States trademarks and trade names protected in Cuba by reciprocal treaties and agreements for the protection of intellectual property. Among such treaties and agreements are the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Inter- American Convention for Trademark and Commercial Protection. (10) The United States District Court for the Southern District of New York ruled that section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 abrogates, with respect to Cuba, the Inter-American Convention on Trademarks and Commercial Protection. The court's ruling was affirmed by the United States Court of Appeals for the Second Circuit. (11) Cuba's international remedy under customary international law (as codified by Article 60 of the 1969 Vienna Convention on Treaties), for a breach by the United States of the Inter-American Convention, is to suspend or revoke the protections Cuba currently affords United States trademarks and trade names. (12) In order to preserve the rights of United States nationals holding trademarks in Cuba, including those engaged in authorized sales under the Trade Sanctions Reform and Export Enhancement Act of 2000 now and in the future, the United States must repeal section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 and the United States must comply with all treaty obligations owed Cuba as they relate to trademarks and trade names. (b) Purpose.--The purpose of this Act is to remove impediments to present and future sales of United States agricultural products to Cuba under the Trade Sanctions Reform and Export Enhancement Act of 2000 and to otherwise facilitate such sales. SEC. 3. TRAVEL TO CUBA IN CONNECTION WITH AUTHORIZED SALES ACTIVITIES. Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209) is amended by inserting after subsection (b) the following: ``(c) General License Authority for Travel-Related Expenditure in Cuba by Persons Engaging in TSREEA of 2000 Sales and Marketing Activities in That Country and TSREEA-Related Transportation Activities.-- ``(1) In general.--The Secretary of the Treasury shall authorize under a general license the travel-related transactions listed in subsection (c) of section 515.560 of title 31, Code of Federal Regulations, for travel to, from, or within Cuba in connection with activities undertaken in connection with sales and marketing, including the organization and participation in product exhibitions, and the transportation by sea or air of products pursuant to this Act. ``(2) Definitions.--In this subsection, the term `sales and marketing activities' means any activity with respect to travel to, from, or within Cuba that is undertaken by a United States person in order to explore the market in that country for the sale of products pursuant to this Act or to engage in sales activities with respect to such products. The term `sales activities' includes exhibiting, negotiating, marketing, surveying the market, and delivering and servicing products pursuant to this Act. Persons authorized to travel to Cuba under this section include full-time employees, executives, sales agents and consultants of producers, manufacturers, distributors, shippers, United States air and sea ports, and carriers of products authorized for sale pursuant to this Act, as well as exhibitors and representatives and members of national and State trade organizations that promote the interests of producers and distributors of such products. ``(3) Regulations.--The Secretary of the Treasury shall promulgate such rules and regulations as are necessary to carry out the provisions of this subsection.''. SEC. 4. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED. (a) Sense of Congress.--It is the sense of Congress that the Secretary of State should issue visas for temporary entry into the United States of Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing United States agricultural goods under the provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000. (b) Periodic Reports.-- (1) In general.--Not later than 45 days after the date of enactment of this Act and every 3 months thereafter, the Secretary of State shall submit to the Committees on Finance, Agriculture, Nutrition, and Forestry, and Foreign Relations of the Senate and the Committees on Agriculture, Ways and Means, and International Relations of the House of Representatives a report on the issuance of visas described in subsection (a). (2) Content of reports.--Each report shall contain a full description of each application received from a Cuban national to travel to the United States to engage in purchasing activities pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 and shall describe the disposition of each such application. SEC. 5. CLARIFICATION OF PAYMENT TERMS UNDER TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. Section 908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)) is amended by inserting after subparagraph (B) the following: ``(C) Notwithstanding any other provision of law, the term `payment of cash in advance' means the payment by the purchaser of an agricultural commodity or product and the receipt of such payment by the seller prior to-- ``(i) the transfer of title of such commodity or product to the purchaser; and ``(ii) the release of control of such commodity or product to the purchaser.''. SEC. 6. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED STATES FINANCIAL INSTITUTIONS. Notwithstanding any other provision of law, the President may not restrict direct transfers from a Cuban financial institution to a United States financial institution executed in payment for a product authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000. SEC. 7. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION OF INTELLECTUAL PROPERTY, INCLUDING REPEAL OF SECTION 211. (a) Repeal of Prohibition on Enforcement of Rights to Certain United States Intellectual Properties and Transfer of Such Properties.-- (1) Repeal.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-2688) is repealed. (2) Regulations.--The Secretary of the Treasury shall promulgate such regulations as are necessary to carry out the repeal made by paragraph (1), including removing any prohibition on transactions or payments to which subsection (a)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 applied. (3) Further regulations.--The Secretary of the Treasury shall amend the Cuban Assets Control Regulations (part 515 of title 31, Code of Federal Regulations) to authorize under general license the transfer or receipt of any trademark or trade name subject to United States law in which a designated national has an interest. The filing and prosecution of opposition and infringement proceedings related to any trademark or trade name in which a designated national has an interest and the prosecution of any defense to such proceedings shall also be authorized by general license.
Agricultural Export Facilitation Act of 2005 - Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSREEA of 2000) to require the Secretary of the Treasury to authorize, under a general license, certain travel-related transactions specified in the Code of Federal Regulations, for travel to, from, or within Cuba in connection with activities undertaken in connection with sales and marketing, including the organization and participation in product exhibitions, and the transportation by sea or air of products pursuant to this Act. Expresses the sense of Congress that the Secretary of State should issue visas for temporary entry into the United States of Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing U.S. agricultural goods under the provisions of TSREEA of 2000. Prohibits the President from restricting direct transfers from a Cuban financial institution to a U.S. financial institution executed in payment for a product authorized for sale under TSREEA of 2000. Repeals the ban in the Department of Commerce and Related Agencies Appropriations Act, 1999 on certain transactions with respect to intellectual property in which the Cuban Government or a Cuban national has an interest regarding a mark or trade or commercial name that is the same as or substantially similar to one that was used in connection with a business or assets that were confiscated, unless the original owner or successor-in-interest has expressly consented. Requires the Secretary of the Treasury to amend the Cuban Asset Control regulations to authorize under general license the transfer or receipt of any trademark or trade name subject to U.S. law in which a designated national has an interest.
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SECTION 1. FINDINGS. The Congress finds that: (1) By Interstate Compact (Chapter 170 of the Laws of 1937 of the State of New York; Chapter 148 of the Laws of 1937 of the State of New Jersey) and by Resolution of the 75th Congress (H.J. Resolution 445), the Palisades Interstate Park Commission was formed in 1937. (2) The Palisades Interstate Park Commission is the only interstate park management agency in the United States and is responsible for the management of 23 parks and historic sites in New York and New Jersey, consisting of 82,000 acres. More than 8,000,000 national and international visitors per year seek outdoor recreational opportunities in the Palisades Park System. The management of these sites is consistent with standards maintained by the National Park Service. (3) Sterling Forest is a biologically diverse 17,500 acre corporate-owned open space property on the New York/New Jersey border. The property is a highly significant watershed area for northern New Jersey, and an important outdoor recreational asset in the Northeastern United States. Clean drinking water flows from the property into a reservoir system which serves 25 percent of the population of the State of New Jersey. Twenty- seven rare and endangered wildlife species have been identified at Sterling Forest by The Nature Conservancy. The land supports a mixed hardwood forest, wetlands, lakes, glaciated valleys and ridge lines, and is strategically located on a north-south wildlife migratory route. (4) The Appalachian Trail, administered by the National Park Service, passes through Sterling Forest. Sterling Forest shares a common boundary with the 51,680 acre Harriman/Bear Mountain State Parks in which the first segment of the Appalachian Trail was constructed in 1923. If protected, Sterling Forest would greatly enhance the Appalachian Trail and would become the largest park created in the Northeastern United States since World War II. (5) Sterling Forest is located in the most densely populated metropolitan region in the United States, and is a very critical open space buffer for a large urban population. A 14 percent growth rate is projected for the region in the next 20 years. (6) Lands held and managed by the Palisades Interstate Park Commission in the State of New York traditionally remain on the tax rolls. Taxes are paid by the State. (7) Stewardship and management costs for lands in the Palisades Park System traditionally are paid by the States of New York and New Jersey. (8) The Palisades Interstate Park Commission is committed to a willing seller--willing buyer transaction with the corporate owners of Sterling Forest. Use of eminent domain authority is not anticipated, nor would it be acceptable to the Palisades Interstate Park Commission. (9) In establishing the Federal Agencies Program for the Land and Water Conservation Fund, the Congress specified the need to address the increasing demand for the creation of recreation areas of national significance easily accessible to large centers of the population, and to provide a partial basis for financing the extension of Federal recreational facilities in the East and Midwest. (10) Given the nationally significant watershed, outdoor recreational, and wildlife attributes of Sterling Forest, the demand for park open space in the Northeastern United States, the lack of open space in the densely populated New York-New Jersey-Connecticut Tri-State Region, and the presence of a willing seller and a federally chartered interstate park management agency, there is clear Federal interest in acquiring land in Sterling Forest for permanent protection of watershed, recreational, and wild flora and fauna open space. SEC. 2. AUTHORIZATION. (a) Funding.--In order to enhance protection of watershed, outdoor recreational, wildlife habitat, and Appalachian Trail values in the Sterling Forest area of the New York/New Jersey Highlands Region, there is hereby authorized to be appropriated to the Secretary of the Interior for transfer to the Palisades Interstate Park Commission (hereinafter in this Act referred to as the ``Commission'') for fiscal year 1995 not more than $35,000,000 to be used by the Commission for purposes of acquiring an undeveloped, open space tract of land presently owned by the Sterling Forest Corporation. Such sums shall remain available for expenditure through fiscal year 1999. (b) Property Taxes.--Nothing in this Act shall be construed to authorize the United States Government, or relieve the Commission and the State of New York of any obligation otherwise imposed under New York State law, to pay property taxes or provide for the costs of stewardship and management of any lands located in the State of New York which may be acquired through this authorization. (c) Management.--The Commission shall hold and manage all property acquired with funds made available under this Act for the purposes referred to in subsection (a).
Authorizes appropriations to the Secretary of the Interior to be transferred to the Palisades Interstate Park Commission to be used to acquire an undeveloped, open space tract of land presently owned by the Sterling Forest Corporation to protect the watershed, outdoor recreational, wildlife habitat, and Appalachian Trail values in the Sterling Forest area of the New York/New Jersey Highlands Region. States that nothing in this Act shall be construed to authorize the Government, or relieve the Commission and New York of any obligation otherwise imposed under New York State law, to pay property taxes or provide for the costs of stewardship and management of any lands located in New York that may be acquired through this authorization. Requires the Commission to hold and manage all property acquired with funds made available in this Act for the purposes specified in it.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Non-Homeland Security Mission Performance Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Federal agencies included in the Department of Homeland Security perform important non-homeland security functions on which all United States citizens rely, such as the protection of fisheries and agriculture, communication and transportation infrastructures, and medical supplies. (2) Federal agencies included in the Department shall ensure the continuation of non-homeland security functions as new homeland security responsibilities are adopted. (3) A strategy to address non-homeland security functions is needed to meet the daily needs of Americans and to preserve the security of the Nation. (4) Non-homeland security functions are complementary to homeland security functions and often share personnel, resources, and assets. It is appropriate for each Under Secretary of the Department of Homeland Security to ensure that non-homeland security functions are performed. (5) Agencies in the Department of Homeland Security perform essential non-homeland security functions Americans rely on everyday, including the following: (A) The United States Coast Guard has vital non- homeland security functions, including search and rescue, fisheries enforcement, marine environmental protection, law enforcement, marine safety, and aids to navigation. (B) The Department of Homeland Security Bureau of Citizenship and Immigration Services provides important immigration and citizenship services and benefits including processing and approving requests for citizenship, adjudicating asylum for refugees, and immigration benefits, such as refugee and intercountry adoptions. (C) The Federal Emergency Management Agency (FEMA) assists local communities to prepare for and respond to floods, hurricanes, earthquakes, fires, tornadoes, and other natural disasters. The Federal Emergency Management Agency supplements State and local responses to natural disasters and the mitigation of damage, and prevention of disasters, such as earthquakes. (D) The Animal and Plant Health Inspection Service and the Animal Research Service develop strategies to prevent and control foreign or emerging animal and plant disease epidemics vital to farmers, the economy, and the protection of the environment. (E) The Secret Service is charged with safeguarding payment and financial systems by protecting against counterfeiting, identity theft, credit card fraud, cell phone fraud, computer and telecommunications fraud, money laundering, and other financial crimes. (F) The United States Customs Service protects our free trade essential for a healthy economy by working to lower the cost of trade compliance, providing guidance on the conduct of legal trade, and monitoring imports to ensure compliance with public health and safety laws. Customs protects intellectual property and combats money laundering, child pornography, and drug trafficking. (b) Purposes.--The purposes of this Act are to-- (1) ensure the continuation of non-homeland security functions of Federal agencies; and (2) ensure that Federal agencies develop sound management strategies and allocate sufficient funding to carry out non- homeland security functions. SEC. 3. NON-HOMELAND SECURITY FUNCTIONS PERFORMANCE. (a) In General.--For each entity in the Department of Homeland Security that performs non-homeland security functions, the Under Secretary with responsibility for that entity, in conjunction with the head of that entity, shall submit a report on the performance of the entity and all the functions of that entity, with a particular emphasis on examining the continuing level of performance of non-homeland security functions to-- (1) the Secretary of Homeland Security; (2) the Committee on Governmental Affairs of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Government Reform of the House of Representatives; (5) the Select Committee on Homeland Security of the House of Representatives; and (6) the Committee on Appropriations of the House of Representatives. (b) Contents.--The report referred to under subsection (a) shall-- (1) to the greatest extent possible, provide an inventory of the non-homeland security functions of the entity and identify the capabilities of the entity with respect to those functions, including-- (A) the number of employees carrying out those functions; (B) the budget for those functions; and (C) the flexibilities, personnel or otherwise, used to carry out those functions; (2) contain information relating to the roles, responsibilities, organizational structure, capabilities, personnel assets, and annual budgets, specifically with respect to the capabilities of the entity to accomplish non-homeland security functions without any diminishment; (3) contain information relating to whether any changes are required to the roles, responsibilities, functions, organizational structure, modernization programs, projects, activities, recruitment and retention programs, and annual fiscal resources to enable the entity to accomplish non- homeland security functions without diminishment; and (4) contain the strategy the Department will use for the performance of non-homeland security functions and homeland security functions. (c) Submission of Reports.--During the 5-year period following the date of the transfer of an entity that performs non-homeland security functions to the Department of Homeland Security or the date of the establishment of an entity that performs non-homeland security functions within the Department of Homeland Security, the Under Secretary with responsibility for that entity shall submit an annual report described under subsection (a). (d) Annual Evaluations.-- (1) In general.--The Comptroller General of the United States shall monitor and evaluate the implementation of this section. (2) Reports.--Not later than 60 days after the date of enactment of this Act and every year during the succeeding 5- year period, the Comptroller General of the United States shall submit a report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives containing-- (A) an evaluation of the implementation progress reports submitted under this section; (B) the findings and conclusions of the Comptroller General of the United States resulting from the monitoring and evaluation conducted under this subsection, including evaluations of how successfully the Department of Homeland Security is meeting the non- homeland security functions of the Department; and (C) any recommendations for legislation or administrative action the Comptroller General of the United States considers appropriate. (e) Performance Reports.--In performance reports submitted under section 1116 of title 31, United States Code, the Department of Homeland Security shall-- (1) clarify homeland security and non-homeland security function performance; and (2) fully describe and evaluate the performance of homeland and non-homeland security functions and goals to Congress. (f) Application of Requirements to the Coast Guard and the Secret Service.-- (1) Coast guard.-- (A) In general.--This paragraph shall apply with respect to the Coast Guard, instead of subsections (a), (b), and (c). (B) Report of inspector general.--During the 5-year period following the date of the transfer of the Coast Guard to the Department of Homeland Security, the Inspector General of the Department shall include in each report submitted under section 888(f) of the Homeland Security Act of 2002 (6 U.S.C. 468(f)) the contents required in reports under subsections (a) and (b) of this section. (2) Secret service.--With respect to the Secret Service, the Director of the Secret Service shall submit each report as provided under subsections (a), (b), and (c). (3) Annual evaluations and performance reports.-- Subsections (d) and (e) shall apply with respect to that portion included in each report under paragraph (1)(B) and each report under paragraph (2).
Non-Homeland Security Mission Performance Act of 2003 - Requires the Under Secretary of each entity within the Department of Homeland Security that performs non-homeland security functions to report to the Secretary of Homeland Security and specified congressional committees on its performance of such functions, with an emphasis on examining the continuing performance level. Requires new entities that are transferred to the Department and that perform such functions to submit such reports for a five-year period. Requires: (1) the Inspector General of the Department to provide such required information with respect to the Coast Guard during the five-year period following its transfer to the Department; and (2) the Director of the Secret Service to provide such information with respect to the Secret Service. Directs the Comptroller General to monitor, evaluate, and report to specified congressional committees on the implementation of this Act. Directs the Department, in required annual performance reports, to clarify, describe, and evaluate the performance of homeland and non-homeland security functions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sheltering All Veterans Everywhere Act'' or the ``SAVE Reauthorization Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) homelessness is a serious problem in the United States; (2) veterans, who have served and defended this Nation, are especially at risk for homelessness; (3) the Department of Veterans Affairs estimates that more than 250,000 veterans are homeless on any given night; (4) an estimated 1 out of every 3 homeless men served in the Armed Forces; (5) America's homeless veterans have served bravely in World War II, the Korean War, the Cold War, the Vietnam War, and more recent efforts such as Operation Enduring Freedom and Operation Iraqi Freedom; (6) male veterans are twice as likely to become homeless compared to their non-veteran counterparts; (7) female veterans are almost 4 times as likely to become homeless than their non-veteran counterparts; (8) it is imperative that the United States Government provide homeless or at-risk veterans with the services they need to prevent and end their homeless situations; and (9) the programs reauthorized by this Act provide important housing and services to homeless veterans and deserve to be reauthorized. SEC. 3. COMPREHENSIVE SERVICE PROGRAMS. (a) Amending the Structure by Which Grant and Per Diem Grantees Receive Payment.--Section 2012(a)(2) of title 38, United States Code, is amended to read as follows: ``(2) The rate for per diem payments under paragraph (1) shall be the rate authorized for State homes for domiciliary care under section 1741(a)(1)(A) of this title.''. (b) Authorization of Appropriations for the Homeless Providers Grant and Per Diem Program.--Section 2013 of title 38, United States Code, is amended by adding at the end the following: ``(5) $200,000,000 for each of fiscal years 2006 through 2011.''. SEC. 4. HOMELESS VETERANS REINTEGRATION PROGRAMS. (a) Expansion to Include Veterans at Imminent Risk for Homelessness.--Section 2021(a) of title 38, United States Code, is amended by inserting ``and veterans who are at imminent risk of homelessness'' after ``to expedite the reintegration of homeless veterans''. (b) Authorization of Appropriations.--Section 2021(e)(1) of title 38, United States Code, is amended by adding at the end the following: ``(F) $50,000,000 for each of fiscal years 2007 through 2011.''. SEC. 5. DEPARTMENT OF VETERANS AFFAIRS OUTREACH SERVICES. Section 2022 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``including particular veterans'' and inserting the following: ``including-- ``(1) particular veterans''; and (B) by striking the period at the end and inserting the following: ``; and ``(2) members of the armed forces separating from active duty.''; (2) in subsection (b), by adding at the end the following: ``(7) Plans to provide information concerning homelessness, including risk factors, awareness assessment, and contact information for preventative assistance associated with homelessness.''; and (3) in subsection (e)(1)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) provision of information concerning homelessness, including risk factors, awareness assessment, and contact information for preventative assistance associated with homelessness.''. SEC. 6. TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS. (a) Extension of General Treatment Authorization.--Section 2031(b) of title 38, United States Code, is amended by striking ``2006'' and inserting ``2011''. (b) Extension of Additional Services Authorization.--Section 2033(d) of title 38, United States Code, is amended by striking ``2006'' and inserting ``2011''. SEC. 7. PERMANENT EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO TRANSFER PROPERTIES OBTAINED THROUGH FORECLOSURE OF VA HOME MORTGAGES. Section 2041 of title 38, United States Code, is amended by striking subsection (c). SEC. 8. GRANT PROGRAM FOR HOMELESS VETERANS WITH SPECIAL NEEDS. Section 2061(c) of title 38, United States Code, is amended by striking ``fiscal years 2003, 2004, and 2005'' and inserting ``fiscal years 2005 through 2011''. SEC. 9. EXPANDING ELIGIBILITY FOR DENTAL CARE. Section 2062(b) of title 38, United States Code, is amended-- (1) in paragraph (2), by striking ``, for a period of 60 consecutive days,''; and (2) by striking paragraph (3). SEC. 10. AUTHORIZATION OF APPROPRIATIONS FOR THE HOMELESS VETERAN SERVICE PROVIDER TECHNICAL ASSISTANCE PROGRAM. Section 2064(b) of title 38, United States Code, is amended to read as follows: ``(b) Authorization of Appropriations.--There are authorized to be appropriated $1,000,000 for each of fiscal years 2006 through 2011 to carry out the programs under this section.''. SEC. 11. ANNUAL REPORT ON ASSISTANCE TO HOMELESS VETERANS. Section 2065(b) of title 38, United States Code, is amended by adding at the end the following: ``(6) Information on the efforts of the Secretary to coordinate the delivery of housing and services to homeless veterans with other Federal departments and agencies, including-- ``(A) the Department of Defense; ``(B) the Department of Health and Human Services; ``(C) the Department of Housing and Urban Development; ``(D) the Department of Justice; ``(E) the Department of Labor; ``(F) the Interagency Council on Homelessness; and ``(G) the Social Security Administration.''. SEC. 12. ADVISORY COMMITTEE ON HOMELESS VETERANS. Section 2066 of title 38, United States Code, is amended-- (1) in subsection (a)(3), by adding at the end the following: ``(E) The Executive Director of the Interagency Council on Homelessness (or a representative of the Executive Director).''; and (2) in subsection (d), by striking ``December 31, 2006'' and inserting ``September 30, 2011.'' SEC. 13. STUDY ON MILITARY SEXUAL TRAUMA AND HOMELESSNESS. (a) In General.--Not later than September 30, 2007, the Secretary of Veterans Affairs shall submit a report containing the results of a study on the intersection of military sexual trauma and homelessness and effective service models for addressing trauma among homeless veterans to-- (1) the Committee on Armed Services of the Senate; (2) the Committee on Veterans' Affairs of the Senate; (3) the Committee on Armed Services of the House of Representatives; and (4) the Committee on Veterans' Affairs of the House of Representatives. (b) Contents.--The study required under subsection (a) shall include-- (1) an examination of a possible correlation between military sexual trauma and homelessness among veterans; (2) a summary description of effective service models for assembling various treatment modalities and environments for treating homeless veterans who have experienced military sexual trauma; and (3) an outcome evaluation of the ``Seeking Safety'' treatment regime made available by the Secretary to homeless female veterans. (c) Funding.--From amounts appropriated for fiscal years 2006 and 2007 to the Department of Veterans Affairs for medical services to veterans, the Secretary shall make available such sums as may be necessary to conduct the study under subsection (a).
Sheltering All Veterans Everywhere Act or SAVE Reauthorization Act of 2005 - Extends through FY2011: (1) the authorization of appropriations for Department of Veterans Affairs comprehensive services for homeless veterans; (2) the homeless veterans reintegration program; (3) a Department program to provide additional services to homeless veterans at certain locations; (4) a Department grant program for homeless veterans with special needs; (5) the authorization of appropriations for the homeless veteran service provider technical assistance program; and (6) the Advisory Committee on Homeless Veterans. Makes the rate for per diem payments under the Department's comprehensive services for homeless veterans programs the same as that authorized for State homes for veterans' domiciliary care. Includes veterans at imminent risk of homelessness under the veterans reintegration program. Makes permanent (currently terminates at the end of 2008) the authority of the Secretary of Veterans Affairs to transfer properties obtained through foreclosures of Department home mortgages to certain organizations to assist homeless veterans and their families in acquiring shelter. Requires: (1) additional information in an annual report from the Secretary to the congressional veterans' committees on assistance provided to homeless veterans; and (2) a new report from the Secretary to the defense and veterans' committees on the intersection of military sexual trauma and homelessness in veterans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Crime Fighters Housing Assistance Act''. SEC. 2. SECTION 8 ASSISTANCE FOR PROTECTION OF NEIGHBORHOOD CRIME FIGHTERS. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following new subsection: ``(z) Neighborhood Crime Fighters Assistance.-- ``(1) Assistance.--To the extent amounts for assistance under this section are reserved under section 213(d)(4)(A) of the Housing and Community Development Act of 1974 for use under this subsection, the Secretary may provide such amounts to any public housing agency approved under paragraph (3) to make assistance payments under this subsection on behalf of any family described under paragraph (2) for the rental of a dwelling unit for the family that, in the determination of the public housing agency (after consultation with law enforcement agency concerned) provides for the protection of the family. ``(2) Eligible families.--A family referred to in paragraph (1) shall be any family that-- ``(A) contains a member that has provided information to any Federal, State, or local law enforcement agency that such law enforcement agency determines substantially contributes to the arrest, criminal prosecution, or conviction of any person for any criminal activity in or near the area or neighborhood in which the person providing the information resides; ``(B) is likely, in the determination of such law enforcement agency, to be subject to a crime of violence directed at the family on account of providing the information referred to in subparagraph (A); ``(C) is legally residing, at the time such information is provided to the law enforcement agency, in a dwelling unit in a public housing project administered by a public housing agency meeting the requirements of paragraph (3) or in a dwelling unit assisted under this section by such a public housing agency; and ``(D) is not protected or assisted, or to be protected or assisted, under chapter 224 of title 18, United States Code. ``(3) Eligible pha's.--The Secretary may provide amounts reserved for use under this subsection only to public housing agencies approved by the Secretary under this paragraph. The Secretary may approve only agencies that the Secretary determines have-- ``(A) established sufficient cooperation with local law enforcement agencies to make determinations to provide assistance under this subsection; and ``(B) coordinated with local law enforcement agencies to promptly inform the public housing agency and the Secretary of any determination that assistance under this subsection is appropriate for a family, except that such coordination shall be subject to the procedures established under paragraph (6)(C) to ensure confidentiality. ``(4) Guidelines.-- ``(A) Determination of need and coordination.--The Secretary shall establish guidelines jointly with the Attorney General that-- ``(i) describe the types of situations under subparagraphs (A) and (B) of paragraph (2) in which assistance may be provided under this subsection, which shall include situations in which the information referred to in paragraph (2)(A) is information regarding any crime that is detrimental to the health, safety, peace, or security of the area or neighborhood in which the family providing the information resides; and ``(ii) describe elements of sufficient cooperation between public housing agencies and law enforcement agencies for purposes of paragraph (3)(A). ``(B) Procedures.--The Secretary shall establish procedures for public housing agencies approved under paragraph (3)-- ``(i) to apply for, obtain, and administer amounts reserved for providing assistance under this subsection on behalf of families eligible under paragraph (2); and ``(ii) to provide for the termination of the tenancy of any family assisted under this subsection from the dwelling unit in which the family is residing so that such assistance may be utilized. ``(5) Pha actions.--Each public housing agency approved by the Secretary under paragraph (3) shall-- ``(A) periodically notify Federal, State, and local law enforcement agencies in the area of jurisdiction of the public housing agency of the availability of assistance under this subsection; ``(B) take such actions as may be appropriate to inform residents of public housing projects administered by the agency and dwelling units assisted under this section by the agency of the availability of such assistance; and ``(C) coordinate with such law enforcement agencies to promptly inform the public housing agency and the Secretary of any determination that assistance under this subsection is appropriate for a family, except that such coordination shall be subject to the procedures established under paragraph (6)(C) to ensure confidentiality. ``(6) Notice and confidentiality.--The Secretary shall-- ``(A) periodically notify public housing agencies of the availability of assistance under this subsection; ``(B) encourage public housing agencies to cooperate and coordinate with law enforcement agencies to encourage residents of public housing projects and dwelling units assisted under this section to provide information to law enforcement agencies regarding criminal activity; and ``(C) develop and implement procedures to ensure the confidentiality of the identity and new location of any family assisted under this subsection. ``(7) Other assistance.--A public housing agency that provides assistance under paragraph (1) for a family and the law enforcement agency involved shall ensure that the family is provided access to other assistance and services appropriate to ensure that the relocation of the family to the dwelling unit assisted under paragraph (1) and the neighborhood of such dwelling unit occurs with the minimum possible amount of disruption to the life of the family. ``(8) Liability.--The United States, and its officers and employees, shall not be subject to any civil liability on account of any decision to provide or not to provide protection under this subsection.''. SEC. 3. SET ASIDE OF SECTION 8 ASSISTANCE AMOUNTS FOR NEIGHBORHOOD CRIME FIGHTERS ASSISTANCE. Section 213(d)(4)(A) of the Housing and Community Development Act of 1974 (42 U.S.C. 1439(d)(4)(A)) is amended-- (1) by inserting after the period at the end of the first sentence the following new sentence: ``In addition to any financial assistance for the rental housing assistance program under section 8 of the United States Housing Act of 1937 that is reserved pursuant to the preceding sentence, the Secretary shall reserve an additional $15,000,000 of any financial assistance that becomes available under such program during each of fiscal years 1995 and 1996 and such additional amounts may be used only for the purpose under clause (v) of this subparagraph.''; (2) in clause (iii), by striking ``and'' at the end; (3) in clause (iv), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following new clause: ``(v) in the case of financial assistance under the rental housing assistance program under section 8 of the United States Housing Act of 1937, providing assistance pursuant to section 8(z)(1) of such Act.''.
Neighborhood Crime Fighters Housing Assistance Act - Amends the United States Housing Act of 1937 to provide public housing rental assistance on behalf of a family that has provided law enforcement assistance and is likely to be subject to retaliatory violence. Amends the Housing and Community Development Act of 1974 to set aside funds for such program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen And Fortify Existing Bridges Act of 2017'' or the ``SAFE Bridges Act of 2017''. SEC. 2. STRENGTHEN AND FORTIFY EXISTING BRIDGES. (a) Definitions.--In this section: (1) Bridge.--The term ``bridge'' means a bridge on a public road, without regard to whether the bridge is on a Federal-aid highway. (2) Eligible bridge.--The term ``eligible bridge'' means a bridge that is structurally deficient. (3) Federal-aid highway.--The term ``Federal-aid highway'' has the meaning given the term in section 101(a) of title 23, United States Code. (4) Public road.--The term ``public road'' has the meaning given the term in section 101(a) of title 23, United States Code. (5) Rehabilitation.--The term ``rehabilitation'' means, with respect to a bridge, the carrying out of major work necessary, as determined by the Secretary-- (A) to restore the structural integrity of the bridge; or (B) to correct a major safety defect of the bridge. (6) Replacement.--The term ``replacement'' means, with respect to a bridge, the construction of a new facility that, as determined by the Secretary, is in the same general traffic corridor as the replaced bridge. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; and (C) the Commonwealth of Puerto Rico. (9) Structurally deficient.--The term ``structurally deficient'', with respect to a bridge, means a bridge that, as determined by the Secretary-- (A) has significant load-carrying elements that are in poor or worse condition due to deterioration, damage, or both; (B) has a load capacity that is significantly below truckloads using the bridge and that requires replacement; or (C) has a waterway opening causing frequent flooding of the bridge deck and approaches resulting in significant traffic interruptions. (b) Establishment.--Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a program to assist States to rehabilitate or replace eligible bridges. (c) Apportionment of Funds.-- (1) In general.--Amounts made available to carry out the program established under subsection (b) for a fiscal year shall be apportioned to each State according to the ratio that-- (A) the total cost to rehabilitate or replace eligible bridges in that State; bears to (B) the total cost to rehabilitate or replace eligible bridges in all States. (2) Calculation of total cost.-- (A) In general.--For purposes of the calculation under paragraph (1), the Secretary shall multiply the deck area of eligible bridges by the unit price on a State-by-State basis, as determined by the Secretary, to determine the total cost to rehabilitate or replace eligible bridges in each State. (B) Data used in making determinations.--The Secretary shall make determinations under this subsection based on the latest available data, which shall be updated not less than annually. (C) Use of existing inventories.--To the extent practicable, the Secretary shall make determinations under this subsection using inventories prepared under section 144 of title 23, United States Code. (d) Use of Funds.--Funds apportioned to a State under the program established under subsection (b) shall-- (1) be used by that State for the rehabilitation and replacement of eligible bridges; (2) except as otherwise specified in this section, be administered as if apportioned under chapter 1 of title 23, United States Code, except that the funds shall not be transferable; (3) be subject to the requirements described in section 1101(b) of the FAST Act (23 U.S.C. 101 note; 129 Stat. 1323) in the same manner as amounts made available for programs under titles I, II, and III of that Act; and (4) not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act. (e) Condition at Project Completion.--On completion of the rehabilitation or replacement, a bridge that is rehabilitated or replaced under the program established under subsection (b) may not be structurally deficient. (f) Federal Share.--The Federal share of the cost of a project carried out with funds apportioned to a State under the program established under subsection (b) shall be 100 percent. (g) Reapportionment of Unobligated Funds.--Any funds apportioned to a State under the program established under subsection (b) and not obligated by that State at the end of the third fiscal year beginning after the fiscal year during which the funds were apportioned shall be withdrawn from that State and reapportioned by the Secretary to States that have not had funds withdrawn under this subsection in accordance with the formula under subsection (c). (h) Nonsubstitution.--In carrying out the program established under subsection (b), the Secretary shall ensure that funding made available to a State under the program supplements, and does not supplant-- (1) other Federal funding made available for the rehabilitation or replacement of eligible bridges; and (2) the planned obligations of that State with respect to eligible bridges. (i) Prevailing Rate of Wage.--Section 113 of title 23, United States Code, shall apply to this section. (j) Report.--Not later than 1 year after the date of enactment of this Act, and each year thereafter if States obligated funds apportioned under the program established under subsection (b) during that year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the amounts obligated by each State for projects under the program. (k) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $2,750,000,000 for each of fiscal years 2017 through 2020, to remain available until expended.
Strengthen And Fortify Existing Bridges Act of 2017 or the SAFE Bridges Act of 2017 This bill directs the Department of Transportation to establish a program to assist states to rehabilitate or replace bridges found to be structurally deficient. States shall use apportioned program funds for projects to rehabilitate and replace such bridges. The federal share of project costs is 100%. Prevailing rate of wage requirements for construction of federal-aid highways projects shall apply to such projects.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing the Homeland Security Supply Chain Act of 2018''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY REQUIREMENTS FOR INFORMATION RELATING TO SUPPLY CHAIN RISK. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section: ``SEC. 836. REQUIREMENTS FOR INFORMATION RELATING TO SUPPLY CHAIN RISK. ``(a) Authority.--Subject to subsection (b), the Secretary may-- ``(1) carry out a covered procurement action; ``(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information, including classified information, relating to the basis for carrying out such an action; and ``(3) exclude, in whole or in part, a source carried out in the course of such an action applicable to a covered procurement of the Department. ``(b) Determination and Notification.--Except as authorized by subsection (c) to address an urgent national security interest, the Secretary may exercise the authority provided in subsection (a) only after-- ``(1) obtaining a joint recommendation, in unclassified or classified form, from the Chief Acquisition Officer and the Chief Information Officer of Department, including a review of any risk assessment made available by an appropriate person or entity, that there is a significant supply chain risk in a covered procurement; ``(2) notifying any source named in the joint recommendation described in paragraph (1) advising-- ``(A) that a recommendation has been obtained; ``(B) to the extent consistent with the national security and law enforcement interests, the basis for such recommendation; ``(C) that, within 30 days after receipt of notice, such source may submit information and argument in opposition to such recommendation; and ``(D) of the procedures governing the consideration of such submission and the possible exercise of the authority provided in subsection (a); ``(3) notifying the relevant components of the Department that such risk assessment has demonstrated significant supply chain risk to a covered procurement; and ``(4) making a determination in writing, in unclassified or classified form, that after considering any information submitted by a source under paragraph (2), and in consultation with the Chief Information Officer of the Department, that-- ``(A) use of authority under subsection (a)(1) is necessary to protect national security by reducing supply chain risk; ``(B) less intrusive measures are not reasonably available to reduce such risk; ``(C) a decision to limit disclosure of information under subsection (a)(2) is necessary to protect national security interest; and ``(D) the use of such authorities will apply to a single covered procurement or a class of covered procurements, and otherwise specifies the scope of such determination; ``(5) providing to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a classified or unclassified notice of the determination made under paragraph (4) that includes-- ``(A) the joint recommendation described in paragraph (1); ``(B) a summary of any risk assessment reviewed in support of such joint recommendation; and ``(C) a summary of the basis for such determination, including a discussion of less intrusive measures that were considered and why such measures were not reasonably available to reduce supply chain risk; ``(6) notifying the Director of the Office of Management and Budget, and the heads of other Federal agencies as appropriate, in a manner and to the extent consistent with the requirements of national security; and ``(7) taking steps to maintain the confidentiality of any notifications under this subsection. ``(c) Procedures To Address Urgent National Security Interests.--In any case in which the Secretary determines that national security interests require the immediate exercise of the authorities under subsection (a), the Secretary-- ``(1) may, to the extent necessary to address any such national security interest, and subject to the conditions specified in paragraph (2)-- ``(A) temporarily delay the notice required by subsection (b)(2); ``(B) make the determination required by subsection (b)(4), regardless of whether the notice required by subsection (b)(2) has been provided or whether the notified source at issue has submitted any information in response to such notice; ``(C) temporarily delay the notice required by subsections (b)(4) and (b)(5); and ``(D) exercise the authority provided in subsection (a) in accordance with such determination; and ``(2) shall take actions necessary to comply with all requirements of subsection (b) as soon as practicable after addressing the urgent national security interest that is the subject of paragraph (1), including-- ``(A) providing the notice required by subsection (b)(2); ``(B) promptly considering any information submitted by the source at issue in response to such notice, and making any appropriate modifications to the determination required by subsection (b)(4) based on such information; and ``(C) providing the notice required by subsections (b)(5) and (b)(6), including a description of such urgent national security, and any modifications to such determination made in accordance with subparagraph (B). ``(d) Annual Review of Determinations.--The Secretary shall annually review all determinations made under subsection (b). ``(e) Delegation.--The Secretary may not delegate the authority provided in subsection (a) or the responsibility identified in subsection (d) to an official below the Deputy Secretary. ``(f) Limitation of Review.--Notwithstanding any other provision of law, no action taken by the Secretary under subsection (a) may be subject to review in a bid protest before the Government Accountability Office or in any Federal court. ``(g) Consultation.--In developing procedures and guidelines for the implementation of the authorities described in this section, the Secretary shall review the procedures and guidelines utilized by the Department of Defense to carry out similar authorities. ``(h) Definitions.--In this section: ``(1) Covered article.--The term `covered article' means: ``(A) Information technology, including cloud computing services of all types. ``(B) Telecommunications equipment. ``(C) Telecommunications services. ``(D) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program of the Department. ``(E) Hardware, systems, devices, software, or services that include embedded or incidental information technology. ``(2) Covered procurement.--The term `covered procurement' means-- ``(A) a source selection for a covered article involving either a performance specification, as provided in subsection (a)(3)(B) of section 3306 of title 41, United States Code, or an evaluation factor, as provided in subsection (c)(1)(A) of such section, relating to supply chain risk, or with respect to which supply chain risk considerations are included in the Department's determination of whether a source is a responsible source as defined in section 113 of such title; ``(B) the consideration of proposals for and issuance of a task or delivery order for a covered article, as provided in section 4106(d)(3) of title 41, United States Code, with respect to which the task or delivery order contract includes a contract clause establishing a requirement relating to supply chain risk; ``(C) any contract action involving a contract for a covered article with respect to which such contract includes a clause establishing requirements relating to supply chain risk; or ``(D) any procurement made via Government Purchase Care for a covered article when supply chain risk has been identified as a concern. ``(3) Covered procurement action.--The term `covered procurement action' means any of the following actions, if such action takes place in the course of conducting a covered procurement: ``(A) The exclusion of a source that fails to meet qualification requirements established pursuant to section 3311 of title 41, United States Code, for the purpose of reducing supply chain risk in the acquisition or use of a covered article. ``(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order. ``(C) The determination that a source is not a responsible source based on considerations of supply chain risk. ``(D) The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor to exclude a particular source from consideration for a subcontract. ``(4) Information system.--The term `information system' has the meaning given such term in section 3502 of title 44, United States Code. ``(5) Information technology.--The term `information technology' has the meaning given such term in section 11101 of title 40, United States Code. ``(6) Responsible source.--The term `responsible source' has the meaning given such term in section 113 of title 41, United States Code. ``(7) Supply chain risk.--The term `supply chain risk' means the risk that a malicious actor may sabotage, maliciously introduce an unwanted function, extract or modify data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered article so as to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the information technology or information stored or transmitted on the covered articles. ``(8) Telecommunications equipment.--The term `telecommunications equipment' has the meaning given such term in section 153(52) of title 47, United States Code. ``(9) Telecommunications service.--The term `telecommunications service' has the meaning given such term in section 153(53) of title 47, United States Code. ``(i) Effective Date.--The requirements of this section shall take effect on the date that is 90 days after the date of the enactment of this Act and shall apply to-- ``(1) contracts awarded on or after such date; and ``(2) task and delivery orders issued on or after such date pursuant to contracts awarded before, on, or after such date.''. (b) Rulemaking.--Section 553 of title 5, United States Code, and section 1707 of title 41, United States Code, shall not apply to the Secretary of Homeland Security when carrying out the authorities and responsibilities under section 836 of the Homeland Security Act of 2002, as added by subsection (a). (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 835 the following new item: ``Sec. 836. Requirements for information relating to supply chain risk.''. Passed the House of Representatives September 4, 2018. Attest: KAREN L. HAAS, Clerk.
Securing the Homeland Security Supply Chain Act of 2018 (Sec. 2) This bill amends the Homeland Security Act of 2002 to authorize the Department of Homeland Security (DHS) to restrict procurement of information technology, telecommunications equipment and services, and related products or services (covered articles), if it determines that a vendor of such products and services poses a risk to the DHS supply chain. After determining that such a risk exists, DHS may limit the disclosure of information relating to the basis for restricting a procurement and may exclude a vendor from the procurement process. The bill requires DHS to make certain security-related determinations and provide notifications before it can exercise the authority to restrict procurement of any covered article. The bill defines "supply chain risk" as the risk that a malicious actor may sabotage, maliciously introduce an unwanted function, extract or modify data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered article.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Surveillance State Repeal Act''. SEC. 2. REPEAL OF USA PATRIOT ACT. (a) Repeal.--The USA PATRIOT Act (Public Law 107-56) is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Destruction of Certain Information.--The Director of National Intelligence and the Attorney General shall destroy any information collected under the USA PATRIOT Act (Public Law 107-56) and the amendments made by such Act, as in effect the day before the date of the enactment of this Act, concerning a United States person that is not related to an investigation that is actively ongoing on such date. SEC. 3. REPEAL OF THE FISA AMENDMENTS ACT OF 2008. (a) Repeal.--The FISA Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2477) is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Exception.--Subsection (a) of this Act shall not apply to sections 103 and 110 of the FISA Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2477). (c) Destruction of Certain Information.--The Director of National Intelligence and the Attorney General shall destroy any information collected under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as in effect the day before the date of the enactment of this Act, concerning a United States person that is not related to an investigation that is actively ongoing on such date. SEC. 4. TERMS OF JUDGES ON FOREIGN INTELLIGENCE SURVEILLANCE COURT; REAPPOINTMENT; SPECIAL MASTERS. (a) Terms; Reappointment.--Section 103(d) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(d)) is amended-- (1) by striking ``maximum of seven'' and inserting ``maximum of ten''; and (2) by striking ``and shall not be eligible for redesignation''. (b) Special Masters.--Section 103(f) of such Act, as amended by section 3 of this Act, is further amended by adding at the end the following new paragraph: ``(4) Special Masters.-- ``(A) The courts established pursuant to subsections (a) and (b) may appoint one or more Special Masters to advise the courts on technical issues raised during proceedings before the courts. ``(B) In this paragraph, the term `Special Master' means an individual who has technological expertise in the subject matter of a proceeding before a court established pursuant to subsection (a) or (b).''. SEC. 5. ELECTRONIC SURVEILLANCE OF SPECIFIED PERSONS WITHOUT REGARD TO SPECIFIC DEVICE. Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended to read as follows: ``(B) that, upon the request of the applicant, any person or entity shall furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance;''. SEC. 6. ADDITIONAL PROVISIONS FOR COLLECTIONS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) In General.--Title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as amended by section 3 of this Act, is further amended to read as follows: ``TITLE VII--ADDITIONAL PROVISIONS ``SEC. 701. WARRANT REQUIREMENT. ``Notwithstanding any other provision of this Act, no information relating to a United States person may be acquired pursuant to this Act without a valid warrant based on probable cause.''. (b) Table of Contents Amendments.--The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as amended by section 3 of this Act, is further amended by striking the items relating to title VII and section 701 and inserting the following new items: ``TITLE VII--ADDITIONAL PROVISIONS ``701. Warrant requirement.''. SEC. 7. ENCRYPTION AND PRIVACY TECHNOLOGY OF ELECTRONIC DEVICES AND SOFTWARE. Notwithstanding any other provision of law, the Federal Government shall not mandate that the manufacturer of an electronic device or software for an electronic device build into such device or software a mechanism that allows the Federal Government to bypass the encryption or privacy technology of such device or software. SEC. 8. GAO COMPLIANCE EVALUATIONS. (a) In General.--The Comptroller General of the United States shall annually evaluate compliance by the Federal Government with the provisions of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (b) Report.--The Comptroller General shall annually submit to Congress a report containing the results of the evaluation conducted under subsection (a). SEC. 9. WHISTLEBLOWER COMPLAINTS. (a) Authorization To Report Complaints or Information.--An employee of or contractor to an element of the intelligence community that has knowledge of the programs and activities authorized by the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may submit a covered complaint-- (1) to the Comptroller General of the United States; (2) to the Permanent Select Committee on Intelligence of the House of Representatives; (3) to the Select Committee on Intelligence of the Senate; or (4) in accordance with the process established under section 103H(k)(5) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)). (b) Investigations and Reports to Congress.--The Comptroller General shall investigate a covered complaint submitted pursuant to subsection (b)(1) and shall submit to Congress a report containing the results of the investigation. (c) Covered Complaint Defined.--In this section, the term ``covered complaint'' means a complaint or information concerning programs and activities authorized by the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that an employee or contractor reasonably believes is evidence of-- (1) a violation of any law, rule, or regulation; or (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. SEC. 10. PROHIBITION ON INTERFERENCE WITH REPORTING OF WASTE, FRAUD, ABUSE, OR CRIMINAL BEHAVIOR. (a) In General.--Notwithstanding any other provision of law, no officer or employee of an element of the intelligence community shall take any retaliatory action against an employee of or contractor to an element of the intelligence community who seeks to disclose or discloses covered information to-- (1) the Comptroller General; (2) the Permanent Select Committee on Intelligence of the House of Representatives; (3) the Select Committee on Intelligence of the Senate; or (4) the Office of the Inspector General of the Intelligence Community. (b) Administrative Sanctions.--An officer or employee of an element of the intelligence community who violates subsection (a) shall be subject to administrative sanctions, up to and including termination. (c) Definitions.--In this section: (1) Covered information.--The term ``covered information'' means any information (including classified or sensitive information) that an employee or contractor reasonably believes is evidence of-- (A) a violation of any law, rule, or regulation; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (2) Intelligence community.--The term ``intelligence community'' has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). SEC. 11. PROHIBITION OF TARGETING UNITED STATES PERSONS UNDER EXECUTIVE ORDER 12333 WITHOUT A WARRANT. (a) Prohibition on Targeting of United States Persons Without a Warrant.--Notwithstanding any other provision of law, no United States person may be the target of an acquisition under Executive Order 12333 without a valid warrant based on probable cause. (b) Audit of Compliance With Prohibition.-- (1) Audit.--The Comptroller General of the United States shall annually conduct an audit of intelligence collection under Executive Order 12333 to ensure compliance with the requirement under subsection (a). (2) Report.--The Comptroller General shall annually submit to Congress a report containing the results of each audit conducted under paragraph (1). (c) Destruction of Certain Information.--The Director of National Intelligence and the Attorney General shall destroy any information collected under Executive Order 12333 without a valid warrant based on probable cause concerning a United States person that is not related to an investigation that is actively ongoing on the date of the enactment of this Act.
Surveillance State Repeal Act Repeals the USA PATRIOT Act and the FISA Amendments Act of 2008 (thereby restoring or reviving provisions amended or repealed by such Acts as if such Acts had not been enacted), except with respect to reports to Congress regarding court orders under the Foreign Intelligence Surveillance Act of 1978 (FISA) and the acquisition of intelligence information concerning an entity not substantially composed of U.S. persons that is engaged in the international proliferation of weapons of mass destruction. Extends from 7 to 10 years the maximum term of FISA judges. Makes such judges eligible for redesignation. Permits FISA courts to appoint special masters to advise on technical issues raised during proceedings. Requires orders approving certain electronic surveillance to direct that, upon request of the applicant, any person or entity must furnish all information, facilities, or technical assistance necessary to accomplish such surveillance in a manner to protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing the target of such surveillance (thereby retaining the ability to conduct surveillance on such targets regardless of the type of communications methods or devices being used by the subject of the surveillance). Prohibits acquisitions under FISA relating to a U.S. person, or acquisitions under Executive Order 12333 targeting a U.S. person, without a warrant based on probable cause. Requires the Director of National Intelligence and the Department of Justice to destroy any information collected under the repealed Acts, or acquired under Executive Order 12333 without a warrant, if the information concerns a U.S. person that is not related to an investigation that is actively ongoing on the date of enactment of this Act. Prohibits the federal government from requiring manufacturers of electronic devices and related software to build in mechanisms allowing the federal government to bypass encryption or privacy technology. Directs the Government Accountability Office (GAO) to report annually on the federal government's compliance with FISA. Permits an employee of or contractor to an element of the intelligence community with knowledge of FISA-authorized programs and activities to submit a covered complaint to the GAO, to the House or Senate intelligence committees, or in accordance with a process under the National Security Act of 1947 with respect to reports made to the Inspector General of the Intelligence Community. Defines a "covered complaint" as a complaint or information concerning FISA-authorized programs and activities that an employee or contractor reasonably believes is evidence of: (1) a violation of any law, rule, or regulation; or (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. Prohibits an officer or employee of an element of the intelligence community from taking retaliatory action against an employee or contractor who seeks to disclose, or who discloses, such information.
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SECTION 1. STUDY AND REPORT OF PROPOSED WILLAMETTE FALLS NATIONAL HERITAGE AREA. (a) Short Title.--This section may be cited as the ``Willamette Falls National Heritage Area''. (b) Study.--The Secretary of the Interior (hereafter referred to as the ``Secretary''), in consultation with appropriate State historic preservation officers, State historical societies, and other appropriate organizations, shall conduct a study of the suitability and feasibility of designating the study area at the Willamette Falls National Heritage Area in the State of Oregon. (c) Criteria.--In conducting the study, the Secretary shall apply the following criteria to determine the suitability and feasibility of designating the study area as a National Heritage Area: (1) The area-- (A) has an assemblage of natural, historic, cultural, education, scenic, or recreational resources that together are nationally important to the heritage of the United States; (B) represents distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use; (C) is best managed as such an assemblage through partnerships among public and private entities at the local regional level; (D) reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States; (E) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features; (F) provides outstanding recreational or education opportunities; and (G) has resources and traditional uses that have national importance. (2) Residents, business interests, nonprofit or organizations, and governments (including relevant Federal land management agencies) within the proposed area are involved in the planning and have demonstrated significant support through letters and other means for National Heritage Area designation and management. (3) The local coordinating entity responsible for preparing and implementing the management plan is identified. (4) The proposed local coordinating entity and units of government supporting the designation have documented their commitment to work in partnership to protect, enhance, interpret, fund, manage, and develop resources within the National Heritage Area. (5) The proposed local coordinating entity has developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government) in the management of the National Heritage Area. (6) The proposal is consistent with continued economic activity within the area. (7) A conceptual boundary map has been developed and is supported by the public and participating Federal agencies. (d) Consultation.--In conducting the study, the Secretary shall consult with the managers of any Federal land within the proposed National Heritage Area and secure the concurrence of the managers with the findings of the study before making a determination for designation. (e) Boundaries of the Study Area.--The study areas shall consist of the following: (1) The area between the Tualatin River and the Clackamas River. (2) The cities of West Linn and Oregon City, Oregon, and the surrounding areas. (3) The McLoughlin House in Oregon City, Oregon. (f) Report.--The Secretary shall-- (1) review, comment on, and determine if the study area meets the criteria specified in this section for designation as a National Heritage Area; (2) consult with the Governor of Oregon; and (3) not later than 3 fiscal years after the date on which funds are first made available for this section, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the study, including-- (A) any comments received from the Governor of Oregon; and (B) a finding as to whether the proposed National Heritage Area meets the criteria for designation. (g) Disapproval.--If the Secretary determines that the proposed National Heritage Area does not meet the criteria for designation, the Secretary shall include within the study submitted under subsection (f)(3) a description of the reasons for the determination.
Willamette Falls National Heritage Area - Directs the Secretary of the Interior to study the feasibility and suitability of designating a specified study area in Oregon as the Willamette Falls National Heritage Area.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Museum of Industrial History Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the economic and societal transition of the United States from an agricultural age to an industrial age, and the ongoing transformation of the United States to a postindustrial society, reflect and embody the fundamental spirit and ideals of the United States; (2) it is crucial that people in the United States have the opportunity to learn-- (A) the history of the industrialization of the United States; and (B) the impact of industrialization on their way of life; (3) it is important to preserve the history of industrialization of the United States for future generations; (4) to ensure the protection, interpretation, and awareness of the history of the industrialization of the United Sates, key structures and artifacts relating to the process of industrialization must be preserved and exhibited in an educational museum; (5) the site of the former Bethlehem Steel Plant, which is the proposed site of the National Museum of Industrial History, has a particular relevance to the preservation and awareness of the history of industrialization; (6) on that site-- (A) the Bethlehem Steel Plant began operation in the 1850s; (B) in 1853, the first commercial zinc production began; (C) Frederick W. Taylor conducted time and motion studies that became the basis for his principles of modern scientific management; (D) on June 1, 1887, the modern American defense industry was born when the Navy awarded the first armor plate contract to the Bethlehem Iron Company; (E) the steel plant produced armor plate for-- (i) the battleships U.S.S. Maine and U.S.S. Texas; and (ii) other battleships, including the U.S.S. Wisconsin; (F) high-speed tool steel was perfected; and (G) in 1908, the 48 Grey Mill became the first rolling mill in the United States to produce large wide-flange steel beams; and (7) the site contains the oldest significant remains of bessemer steel production in the United States. (b) Purpose.--The purpose of this Act is to assist in the establishment of an interpretive center and museum in Bethlehem, Pennsylvania-- (1) to ensure the protection of historical resources relating to industrialization; and (2) to interpret the impact of industrialization on the history of the United States. SEC. 3. INDUSTRIAL HISTORY INTERPRETIVE CENTER AND MUSEUM. (a) Definitions.--In this section: (1) Center.--The term ``Center'' means the interpretive center and museum to be located on the western end and central core of the former Bethlehem Steel Plant Site in Bethlehem, Pennsylvania. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Assistance.--Not later than 180 days after the date on which funds are first made available to carry out this section, subject to the availability of appropriations, the Secretary shall offer to enter into an agreement with an appropriate entity under which the Secretary shall provide financial assistance to the entity for the development and operation of the Center. (c) Purposes of Center.--The purposes of the Center shall be-- (1) to preserve, display, and interpret historical resources relating to industrialization in the United States; and (2) to promote other historical and cultural resources in the region of the Center through activities conducted at the Center. (d) Terms of Assistance.-- (1) Limitations.-- (A) Covered expenses.--Financial assistance provided under this section may be used at the Center only for-- (i) facilities construction; (ii) acquisition of contemporary technology to be used primarily to enhance the presentation of historical information at the Center; and (iii) program development and implementation, including-- (I) educational program development and implementation; (II) curriculum design and development; (III) other activities directly relating to providing programs at the Center; and (IV) salaries of staff carrying out any activity described in subclause (I), (II), or (III). (B) Prohibited expenses.--Financial assistance provided under this section shall not be used for-- (i) the acquisition of any item for the museum collection of the Center; (ii) administrative expenses; (iii) the acquisition of technology primarily used for administrative purposes; or (iv) staff salaries for administrative activities, except as provided in subparagraph (A)(iii)(IV). (2) Matching requirement.--The Secretary shall require each party to an agreement under subsection (b) to provide funds from non-Federal sources for the purposes described in subsection (c) in an amount at least equal to the amount provided by the Secretary for those purposes under this section. (3) Maximum amount; payment schedule.-- (A) Maximum amount.--The total amount of assistance provided by the Secretary under this section shall not exceed $25,000,000. (B) Payment schedule.-- (i) In general.--The Secretary shall make payments of financial assistance under this section on an annual basis. (ii) Initial payment.--The initial payment under this section shall be made not later than 30 days after the date on which an agreement is entered into under subsection (b) by the Secretary and an appropriate entity. (iii) Number of payments.--The Secretary shall make not less than 5 annual payments under this section. (e) Report.-- (1) In general.--For each calendar year during the 5-year period beginning on the date on which funds are first made available to carry out this section, the Secretary shall submit to Congress an annual report describing the implementation by the Secretary of this section. (2) Contents.--Each report under paragraph (1) shall include a description of-- (A) the current status of the development of the Center; (B) each project and activity funded under this section during the preceding calendar year; and (C) the unexpended balance, if any, of amounts made available to carry out this section. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $25,000,000 to carry out this section, to remain available until expended.
National Museum of Industrial History Act - Directs the Secretary of the Interior to offer to enter into an agreement with an appropriate entity under which to provide federal assistance for the development and operation of an interpretive center and museum on the former Bethlehem Steel Plant Site in Bethlehem, Pennsylvania, to preserve, display, and interpret historical resources relating to industrialization in the United States and to promote other historical and cultural resources in the region through activities conducted at the interpretive center and museum. Sets forth covered and prohibited uses of such financial assistance, including prohibiting the use of assistance for the acquisition of any item for the museum's collection. Provides for a non-federal match from each party to an agreement. Requires the Secretary to submit annual reports to Congress that describe: (1) the current status of the development of the interpretive center and museum; (2) each project and activity funded; and (3) the unexpended balance, if any, of amounts made available to carry out this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Egyptian Counterterrorism and Political Reform Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the Middle East Media Research Institute, two weeks before the September 11, 2001, attacks, the Egyptian Government daily newspaper Al-Akhbar published a column that stated: ``The Statue of Liberty, in New York Harbor, must be destroyed because of following the idiotic American policy that goes from disgrace to disgrace in the swamp of bias and blind fanaticism.''. (2) Since forging a ``cold peace'' with Israel in 1978, the Government of Egypt has placed severe trade restrictions on Israeli goods and Egyptian Government officials have allowed anti-Semitic articles and cartoons to flood the semi-official Egyptian press. (3) In violation of the 1979 peace agreement between Egypt and Israel, Egypt continues to promote a boycott of Israeli products. (4) The Israeli Defense Forces have repeatedly found arms smuggling tunnels between Egypt and the Gaza Strip. More than 40 tunnels were discovered in 2003. Some of these tunnels originate in Egyptian army and police outposts. (5) Despite facing no major regional external threat, Egypt has used military assistance from the United States to purchase combat aircraft, advanced missile systems, tanks, and naval vessels that undermine Israel's security. (6) The Coptic Christian minority of between 6 and 10 million in Egypt is victimized regularly, and remains without protection. The Government of Egypt has never taken responsibility for the arrest and torture of more than 1,200 Copts in late 1998 in the wake of sectarian violence. (7) Egypt regularly tortures its citizens. According to the Egyptian Organization for Human Rights approximately 13,000 to 16,000 people are detained without charge on suspicion of security or political offenses in Egypt each year. Amnesty International published a report in 2003 stating that ``everyone taken into detention in Egypt is at risk of torture''. SEC. 3. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE FOR EGYPT. (a) Prohibition.--Notwithstanding any other provision of law, for fiscal year 2006 and subsequent fiscal years, United States military assistance may not be provided for Egypt. (b) Waiver.--The President may waive the application of subsection (a) for a fiscal year if the President determines and certifies to Congress that it is in the national security interests of the United States to do so. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the amount of United States military assistance that would have been provided for Egypt for a fiscal year but for the application of section 3(a) should be provided for Egypt for such fiscal year in the form of economic support fund assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 and further that such assistance should be in addition to economic support fund assistance already proposed to be provided for Egypt for such fiscal year; (2) funds for economic support fund assistance for Egypt should not be used by the armed forces of Egypt; (3) 30 days prior to the initial obligation of funds for economic support fund assistance for Egypt for a fiscal year, the President should certify to Congress that procedures have been established to ensure that the Comptroller General will have access to appropriate United States financial information in order to review the uses of such funds; and (4) the agreement among the United States, Egypt, and Israel to decrease the overall amount of United States foreign assistance for both countries should continue. SEC. 5. DEFINITION. In this Act, the term ``United States military assistance'' means-- (1) assistance for nonproliferation, anti-terrorism, demining and related programs and activities, including assistance under chapter 8 of part II of the Foreign Assistance Act of 1961 (relating to anti-terrorism assistance) and assistance under chapter 9 of part II of such Act, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act, or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities; (2) assistance under section 541 of the Foreign Assistance Act of 1961 (relating to international military education and training); and (3) assistance under section 23 of the Arms Export Control Act (relating to the ``Foreign Military Finance'' program).
Egyptian Counterterrorism and Political Reform Act - Prohibits military assistance to Egypt beginning in FY 2006 unless the President determines and certifies to Congress that it is in the national security interests to provide assistance for a given fiscal year. Expresses the sense of Congress that: (1) funds that would have been provided for military assistance should be given in the form of economic support fund assistance and not used by the armed forces of Egypt; (2) the President should certify the establishment of procedures to ensure access by the Comptroller General to appropriate financial information in order to review the use of these funds; and (3) the agreement among the United States, Egypt, and Israel to decrease the overall amount of U.S. foreign assistance for both countries should continue.
{"src": "billsum_train", "title": "To prohibit United States military assistance for Egypt and to express the sense of Congress that the amount of military assistance that would have been provided for Egypt for a fiscal year should be provided in the form of economic support fund assistance."}
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SECTION 1. CAPITAL GAIN TREATMENT OF GAIN FROM CONSTRUCTIVE OWNERSHIP TRANSACTIONS. (a) In General.--Part IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to special rules for determining capital gains and losses) is amended by inserting after section 1259 the following new section: ``SEC. 1260. GAINS FROM CONSTRUCTIVE OWNERSHIP TRANSACTIONS. ``(a) In General.--If the taxpayer has gain from a constructive ownership transaction with respect to any financial position and such gain would (without regard to this section) be treated as a long-term capital gain-- ``(1) such gain shall be treated as short-term capital gain to the extent that such gain exceeds the net underlying long- term capital gain, and ``(2) to the extent such gain is treated as a long-term capital gain after the application of paragraph (1), the determination of the capital gain rate (or rates) applicable to such gain under section 1(h) shall be determined on the basis of the respective rate (or rates) that would have been applicable to the net underlying long-term capital gain. ``(b) Interest Charge on Deferral of Gain Recognition.-- ``(1) In general.--If any gain is treated as short-term capital gain for any taxable year by reason of subsection (a)(1), the taxpayer's tax imposed by this chapter for such taxable year shall be increased by the amount of interest which would have been imposed under section 6601-- ``(A) for periods ending on the due date (without extensions) for the return of tax imposed by this chapter for such taxable year, and ``(B) on underpayments of tax for prior taxable years which would have resulted had such gain been included in gross income ratably during the period the constructive ownership transaction was open. Any amount payable under this paragraph shall be taken into account in computing the amount of any deduction allowable to the taxpayer for interest paid or accrued during such taxable year. ``(2) No credits against increase in tax.--Any increase in tax under paragraph (1) shall not be treated as tax imposed by this chapter for purposes of determining-- ``(A) the amount of any credit allowable under subpart A, B, D, or G of part IV of subchapter A of chapter 1, or ``(B) the amount of the tax imposed by section 55. ``(c) Financial Position.--For purposes of this section-- ``(1) In general.--The term `financial position' means any position with respect to any stock, debt instrument, partnership interest, or investment trust interest. ``(2) Position.--The term `position' means an interest, including a futures or forward contract, short sale, or option. ``(d) Constructive Ownership Transaction.-- ``(1) In general.--The taxpayer shall be treated as having entered into a constructive ownership transaction with respect to any financial position if the taxpayer (or a related person)-- ``(A) holds a long position under a notional principal contract with respect to the same or substantially identical property, ``(B) enters into a forward or futures contract to acquire the same or substantially identical property, ``(C) is the grantor of a put, and is the holder of a call, with respect to the same or substantially identical property and such options have substantially equal strike prices, or ``(D) enters into 1 or more other transactions (or acquires 1 or more positions) that have substantially the same effect as a transaction described in any of the preceding subparagraphs. ``(2) Exception for positions which are marked to market.-- This section shall not apply to any constructive ownership transaction if all of the positions which are part of such transaction are marked to market under any provision of this title or the regulations thereunder. ``(3) Long position.--A person shall be treated as holding a long position under a notional principal contract with respect to any property if such person-- ``(A) has the right to be paid (or receive credit for) all or substantially all of the investment yield (including appreciation) on such property for a specified period, and ``(B) is obligated to reimburse (or provide credit) for all or substantially all of any decline in the value of such property. ``(4) Forward contract.--The term `forward contract' has the meaning given to such term by section 1259(d)(1). ``(5) Related person.--The term `related person' has the meaning given to such term by section 1259(c)(4). ``(e) Net Underlying Long-Term Capital Gain.--For purposes of this section, in the case of any constructive ownership transaction with respect to any financial position, the term `net underlying long-term capital gain' means the aggregate net capital gain that the taxpayer would have had if-- ``(1) such position had been acquired on the date such transaction was opened and sold on the date such transaction was closed, and ``(2) only gains and losses that would have resulted from the deemed ownership under paragraph (1) were taken into account. The amount of the net underlying long-term capital gain with respect to any financial position shall be treated as zero unless the amount thereof is established by clear and convincing evidence. ``(f) Exception If Mark to Market Elected.-- ``(1) In general.--In the case of a taxpayer who elects to have this subsection apply-- ``(A) subsections (a) and (b) shall not apply, ``(B) such taxpayer shall recognize gain or loss on any constructive ownership transaction which is open as of the close of any taxable year as if the financial position to which such transaction relates were sold for its fair market value on the last business day of such taxable year, and ``(C) any gain or loss shall be taken into account for such taxable year. Proper adjustment shall be made in the amount of any gain or loss subsequently realized for gain or loss taken into account under the preceding sentence. ``(2) Character of gain or loss.-- ``(A) In general.--Any gain or loss with respect to a constructive ownership transaction under paragraph (1) shall be treated as ordinary income or loss. ``(B) Special rule for dispositions.--If-- ``(i) gain or loss is recognized with respect to a constructive ownership transaction before the close of the taxable year, and ``(ii) paragraph (1) would have applied if the transaction were open as of the close of the taxable year, such gain or loss shall be treated as ordinary income or loss. ``(3) Election.--An election under paragraph (1) may be made without the consent of the Secretary. Such an election, once made, shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for part IV of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1260. Gains from constructive ownership transactions.''. (c) Effective Date.--The amendments made by this section shall apply to gain recognized after the date of the enactment of this Act.
Amends the Internal Revenue Code to treat a gain as a short-term capital gain to the extent such gain exceeds the net underlying long-term capital gain where the taxpayer has gain from a constructive ownership transaction with respect to any financial position and such gain otherwise would be treated as a long-term capital gain. Provides that, to the extent such gain is treated as a long-term capital gain after the application of the previous sentence, the determination of the applicable capital gain rate (or rates) shall be determined on the basis of the respective rate (or rates) that would have been applicable to the net underlying long-term capital gain. Sets forth definitions and exceptions.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to prevent the conversion of ordinary income or short-term capital gain into income eligible for the long-term capital gain rates, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Stimulus Act of 2008''. SEC. 2. ECONOMIC STIMULUS FOR SMALL BUSINESS CONCERNS. (a) In General.--For fiscal year 2008, and to the extent the cost of such reduction in fees are offset by appropriations-- (1) the Administrator shall, in lieu of the fee otherwise applicable under section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)), collect an annual fee in an amount equal to .25 percent of the outstanding balance of the deferred participation share of a loan made under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) to a small business concern; and (2) with respect to each loan guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)), the Administrator shall-- (A) in lieu of the fee otherwise applicable under section 7(a)(18)(A) of the Small Business Act (15 U.S.C. 636(a)(18)(A)), collect a guarantee fee in an amount equal to-- (i) 1 percent of the deferred participation share of a total loan amount that is not more than $150,000; (ii) 2.5 percent of the deferred participation share of a total loan amount that is more than $150,000, and not more than $700,000; and (iii) 3 percent of the deferred participation share of a total loan amount that is more than $700,000; and (B) in lieu of the fee otherwise applicable under section 7(a)(18)(A)(iv) of the Small Business Act (15 U.S.C. 636(a)(18)(A)(iv)), collect no fee. (b) Appropriation.-- (1) In general.--There are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2008-- (A) $150,000,000 for the ``Business Loans Program Account'' of the Administration, for loan subsidies and for loan modifications for loans to small business concerns authorized under subsection (a), to remain available until expended; (B) $2,000,000 for the ``Business Loans Program Account'' of the Administration, for direct loans under the Microloan Program under section 7(m) of the Small Business Act (15 U.S.C. 636(m)), to remain available until expended; and (C) $10,000,000 for the ``Salaries and Expenses Account'' of the Administration, for marketing, management, and technical assistance under section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that make microloans under the Microloan Program, to remain available until expended. (2) Emergency designation.--The amounts provided under this subsection are designated as an emergency requirement pursuant to section 204 of S. Con. Res. 21 (110th Congress). (c) Budgetary Treatment of Loans and Financings.--Assistance made available under any loan made or approved by the Administration under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) during fiscal year 2008, shall be treated as separate programs of the Administration for purposes of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) only. (d) Definitions.--In this section-- (1) the terms ``Administration'' and ``Administrator'' means the Small Business Administration and the Administrator thereof, respectively; and (2) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. INCREASED EXPENSING FOR SMALL BUSINESSES. (a) In General.--Subsection (b) of section 179 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Special rules for 2008.--In the case of any taxable year beginning in 2008, this subsection shall be applied-- ``(A) by substituting `$200,000' for `$25,000 ($125,000 in the case of taxable years beginning after 2006 and before 2011)' in paragraph (1), and ``(B) by substituting `$800,000' for `$200,000 ($500,000 in the case of taxable years beginning after 2006 and before 2011)'.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. CARRYBACK OF CERTAIN NET OPERATING LOSSES ALLOWED FOR 5 YEARS; TEMPORARY SUSPENSION OF 90 PERCENT AMT LIMIT. (a) In General.--Subparagraph (H) of section 172(b)(1) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``5-year carryback of certain losses.--'' after ``(H)'', and (2) by striking ``or 2002'' and inserting ``, 2002, 2007, or 2008''. (b) Temporary Suspension of 90 Percent Limit on Certain NOL Carrybacks.--Subclause (I) of section 56(d)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or 2002'' and inserting ``, 2002, 2007, or 2008'', and (2) by striking ``and 2002'' and inserting ``, 2002, 2007, or 2008''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to net operating losses for taxable years ending after December 31, 2006. (2) Election.--In the case of a net operating loss for a taxable year ending during 2007 or 2008-- (A) any election made under section 172(b)(3) of the Internal Revenue Code of 1986 may (notwithstanding such section) be revoked before November 1, 2008, and (B) any election made under section 172(j) of such Code shall (notwithstanding such section) be treated as timely made if made before November 1, 2008.
Small Business Stimulus Act of 2008 - Directs the Administrator of the Small Business Administration (SBA) to reduce in 2008 the rate of certain loan fees imposed under the Small Business Act. Appropriates, as an emergency requirement, additional funds in FY2008 for: (1) loan subsidies under the SBA Business Loans Program Account; and (2) direct loans and assistance under the SBA Microloan Program. Amends the Internal Revenue Code to: (1) increase to $200,000 in 2008 the expensing allowance for depreciable business assets; and (2) extend through 2008 the five-year carryback of certain unused net operating losses.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Manufacturers Legal Accountability Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year, many people in the United States are injured by defective products manufactured or produced by foreign entities and imported into the United States. (2) Both consumers and businesses in the United States have been harmed by injuries to people in the United States caused by defective products manufactured or produced by foreign entities. (3) People in the United States injured by defective products manufactured or produced by foreign entities often have difficulty recovering damages from the foreign manufacturers and producers responsible for such injuries. (4) The difficulty described in paragraph (3) is caused by the obstacles in bringing a foreign manufacturer or producer into a United States court and subsequently enforcing a judgment against that manufacturer or producer. (5) Obstacles to holding a responsible foreign manufacturer or producer liable for an injury to a person in the United States undermine the purpose of the tort laws of the United States. (6) The difficulty of applying the tort laws of the United States to foreign manufacturers and producers puts United States manufacturers and producers at a competitive disadvantage because United States manufacturers and producers must-- (A) abide by common law and statutory safety standards; and (B) invest substantial resources to ensure that they do so. (7) Foreign manufacturers and producers can avoid the expenses necessary to make their products safe if they know that they will not be held liable for violations of United States product safety laws. (8) Businesses in the United States undertake numerous commercial relationships with foreign manufacturers, exposing the businesses to additional tort liability when foreign manufactures or producers evade United States courts. (9) Businesses in the United States engaged in commercial relationships with foreign manufacturers or producers often cannot vindicate their contractual rights if such manufacturers or producers seek to avoid responsibility in United States courts. (10) One of the major obstacles facing businesses and individuals in the United States who are injured and who seek compensation for economic or personal injuries caused by foreign manufacturers and producers is the challenge of serving process on such manufacturers and producers. (11) An individual or business injured in the United States by a foreign company must rely on a foreign government to serve process when that company is located in a country that is a signatory to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at The Hague November 15, 1965 (20 UST 361; TIAS 6638). (12) An injured person in the United States must rely on the cumbersome system of letters rogatory to effect service in a country that did not sign the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. These countries do not have an enforceable obligation to serve process as requested. (13) The procedures described in paragraphs (11) and (12) add time and expense to litigation in the United States, thereby discouraging or frustrating meritorious lawsuits brought by persons injured in the United States against foreign manufacturers and producers. (14) Foreign manufacturers and producers often seek to avoid judicial consideration of their actions by asserting that United States courts lack personal jurisdiction over them. (15) The due process clauses of the fifth amendment to and section 1 of the 14th amendment to the Constitution govern United States court assertions of personal jurisdiction over defendants. (16) The due process clauses described in paragraph (15) are satisfied when a defendant consents to the jurisdiction of a court. (17) United States markets present many opportunities for foreign manufacturers. (18) Creating a competitive advantage for either foreign or domestic manufacturers violates the principles of United States trade agreements with other countries. (19) In choosing to import products into the United States, a foreign manufacturer or producer subjects itself to the laws of the United States. Such a foreign manufacturer or producer thereby acknowledges that it is subject to the personal jurisdiction of the State and Federal courts in at least one State. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) foreign manufacturers and producers whose products are sold in the United States should not be able to avoid liability simply because of difficulties relating to serving process upon them; (2) to avoid such lack of accountability, foreign manufacturers and producers of foreign products distributed in the United States should be required, by regulation, to register an agent in the United States who is authorized to accept service of process for such manufacturer or producer; (3) it is unfair to United States consumers and businesses that foreign manufacturers and producers often seek to avoid judicial consideration of their actions by asserting that United States courts lack personal jurisdiction over them; (4) those who benefit from importing products into United States markets should expect to be subject to the jurisdiction of at least one court within the United States; (5) importing products into the United States should be understood as consent to the accountability that the legal system of the United States ensures for all manufacturers and producers, foreign, and domestic; (6) importers recognize the scope of opportunities presented to them by United States markets but also should recognize that products imported into the United States must satisfy Federal and State safety standards established by statute, regulation, and common law; (7) foreign manufacturers should recognize that they are responsible for the contracts they enter into with United States companies; (8) foreign manufacturers should act responsibly and recognize that they operate within the constraints of the United States legal system when they import products into the United States; (9) foreign manufacturers who are unwilling to act and recognize as described in paragraphs (6), (7), and (8) should not have access to United States markets; (10) United States laws and the laws of United States trading partners should not put burdens on foreign manufacturers and importers that do not apply to domestic companies; (11) it is fair to ensure that foreign manufacturers, whose products are distributed in commerce in the United States, are subject to the jurisdiction of State and Federal courts in at least one State because all United States manufacturers are subject to the jurisdiction of the State and Federal courts in at least one State; and (12) it should be understood that, by registering an agent for service of process in the United States, the foreign manufacturer or producer acknowledges consent to the jurisdiction of the State in which the registered agent is located. SEC. 4. DEFINITIONS. In this Act: (1) Applicable agency.--The term ``applicable agency'' means, with respect to covered products-- (A) described in subparagraphs (A) and (B) of paragraph (3), the Food and Drug Administration; (B) described in paragraph (3)(C), the Consumer Product Safety Commission; (C) described in subparagraphs (D) and (E) of paragraph (3), the Environmental Protection Agency. (2) Commerce.--The term ``commerce'' means trade, traffic, commerce, or transportation-- (A) between a place in a State and any place outside thereof; or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (3) Covered product.--The term ``covered product'' means any of the following: (A) Drugs, devices, and cosmetics, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (B) A biological product, as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (C) A consumer product, as such term is used in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052). (D) A chemical substance or new chemical substance, as such terms are defined in section 3 of the Toxic Substances Control Act (15 U.S.C. 2602). (E) A pesticide, as such term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (4) Distribute in commerce.--The term ``distribute in commerce'' means to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce. SEC. 5. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED STATES. (a) Registration.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act and except as provided in paragraph (3), the head of each applicable agency shall require foreign manufacturers and producers of covered products distributed in commerce (or component parts that will be used in the United States to manufacture such products) to establish a registered agent in the United States who is authorized to accept service of process on behalf of such manufacturer or producer for the purpose of all civil and regulatory actions in State and Federal courts, if such service is made in accord with the State or Federal rules for service of process in the State in which the case or regulatory action is brought. (2) Location.--The head of each applicable agency shall require that an agent of a foreign manufacturer or producer registered under paragraph (1) be located in a State with a substantial connection to the importation, distribution, or sale of the products of such foreign manufacturer or producer. (3) Minimum size.--Paragraph (1) shall only apply to foreign manufacturers and producers that manufacture or produce covered products (or component parts that will be used in the United States to manufacture such products) in excess of a minimum value or quantity established by the head of the applicable agency under this section. (b) Registry of Agents of Foreign Manufacturers.-- (1) In general.--The Secretary of Commerce shall, in cooperation with each head of an applicable agency, establish and keep up to date a registry of agents registered under subsection (a). (2) Availability.--The Secretary of Commerce shall make the registry established under paragraph (1) available to the public through the Internet website of the Department of Commerce. (c) Consent to Jurisdiction.--A foreign manufacturer or producer of covered products that registers an agent under this section thereby consents to the personal jurisdiction of the State or Federal courts of the State in which the registered agent is located for the purpose of any civil or regulatory proceeding. (d) Regulations.--Not later than the date described in subsection (a)(1), the Secretary of Commerce and each head of an applicable agency shall prescribe regulations to carry out this section. SEC. 6. PROHIBITION OF IMPORTATION OF PRODUCTS OF MANUFACTURERS WITHOUT REGISTERED AGENTS IN UNITED STATES. (a) In General.--Beginning on the date that is 180 days after the date the regulations required under section 5(d) are prescribed, a person may not import into the United States a covered product (or component part that will be used in the United States to manufacture a covered product) if such product (or component part) or any part of such product (or component part) was manufactured or produced outside the United States by a manufacturer or producer who does not have a registered agent described in section 5(a) whose authority is in effect on the date of the importation. (b) Enforcement.--The Secretary of Homeland Security shall prescribe regulations to enforce the prohibition in subsection (a). SEC. 7. STUDY ON REGISTRATION OF AGENTS OF FOREIGN FOOD PRODUCERS AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED STATES. Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture and the Commissioner of Food and Drugs shall jointly-- (1) complete a study on the feasibility and advisability of requiring foreign producers of food distributed in commerce to establish a registered agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of all civil and regulatory actions in State and Federal courts; and (2) submit to Congress a report on the findings of the Secretary with respect to such study. SEC. 8. RELATIONSHIP WITH OTHER LAWS. Nothing in this Act shall affect the authority of any State to establish or continue in effect a provision of State law relating to service of process or personal jurisdiction, except to the extent that such provision of law is inconsistent with the provisions of this Act, and then only to the extent of such inconsistency.
Foreign Manufacturers Legal Accountability Act of 2009 - Expresses the sense of Congress with respect to jurisdiction of courts in the United States over foreign manufacturers that import products into the United States. Directs the Food and Drug Administration (FDA) (with respect to drugs, devices, cosmetics, and biological products), the Consumer Product Safety Commission (CPSC) (with respect to consumer products), and the Environmental Protection Agency (EPA) (with respect to chemical substances, new chemical substances, and pesticides) to require foreign manufacturers and producers of such products (or components used to manufacture them), in excess of a minimum value or quantity, to establish a registered agent in the United States who is authorized to accept service of process on their behalf for the purpose of all civil and regulatory actions in state and federal courts. Requires the registered agent to be located in a state with a substantial connection to the importation, distribution, or sale of the products. Directs the Secretary of Commerce to establish, maintain, and make available to the public a registry of such agents. Deems a foreign manufacturer or producer of products covered under this Act that registers an agent to consent to the personal jurisdiction of the state or federal courts of the state in which the agent is located for the purpose of any civil or regulatory proceeding. Prohibits importation into the United States of a covered product (or component part that will be used in the United States to manufacture a covered product) if the product (or component part) or any part of the product (or component part) was manufactured or produced outside the United States by a manufacturer or producer who does not have a registered agent whose authority is in effect on the date of the importation. Requires the Secretary of Agriculture and the Commissioner of Food and Drugs to jointly study the feasibility and advisability of requiring foreign producers of food distributed in commerce to establish a registered agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of all civil and regulatory actions in state and federal courts.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Economic Recovery Coordination Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act is to assist eligible regions affected by sudden and severe economic dislocation by-- (1) identifying and coordinating Federal, State, and local economic development resources; (2) providing technical assistance in support of regional economic development strategies; and (3) integrating public and private economic development strategies for such regions. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Regional Economic Adjustment appointed under section 4(b). (2) Eligible region.--The term ``eligible region'' means a region that-- (A) has been certified by the Director under section 5(a); and (B) has established a Regional Economic and Workforce Development Coordinating Committee under section 6(a). (3) Mass layoff.--The term ``mass layoff'' has the meaning given the term in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101). (4) Office.--The term ``Office'' means the Office of Regional Economic Adjustment established under section 4(a). (5) Plant closing.--The term ``plant closing'' has the meaning given the term in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101). (6) Rural community.--The term ``rural community'' means a community that has a rural-urban continuum code of 4, 5, 6, 7, 8, or 9, as defined by the Economic Research Service of the Department of Agriculture. (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (8) Sudden and severe economic dislocation.--The term ``sudden and severe economic dislocation'' has the same meaning as such term when used in section 209(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149). (9) Urban community.--The term ``urban community'' means a community that has a rural-urban continuum code of 1, 2, or 3, as defined by the Economic Research Service of the Department of Agriculture. SEC. 4. OFFICE OF REGIONAL ECONOMIC ADJUSTMENT. (a) Establishment.--There is established in the Department of Commerce an office to be known as the ``Office of Regional Economic Adjustment''. (b) Director.--The Director of the Office of Regional Economic Adjustment shall be the head of the Office. The Director shall be appointed by the Secretary from among individuals qualified to perform the duties of the position. (c) Personnel.--The Office shall have such staff as may be necessary to carry out the functions described in subsection (d). (d) Functions.--The functions of the Office are as follows: (1) To provide leadership, support, and coordination for a comprehensive management program to address economic dislocation in eligible regions. (2) To assist the Assistant Secretary of Commerce for Economic Development in making the central information clearinghouse maintained under section 502(1) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3192(1)) readily accessible to States and eligible regions so that such States and regions can easily obtain information regarding economic adjustment assistance available to them under Federal law. (3) To coordinate the Federal response to eligible regions undergoing sudden and severe economic dislocation by-- (A) identifying all Federal, State, and local resources that are available to assist such regions in recovering from sudden and severe economic dislocation; (B) ensuring that all Federal agencies offering economic adjustment assistance to such regions do so in a targeted, integrated manner that ensures that officials of such regions are aware of all available Federal assistance for the economic adjustment of such regions; (C) ensuring timely consultation and cooperation between Federal, State, and regional officials concerning economic adjustment for such regions; (D) identifying and strengthening existing agency mechanisms designed to assist such regions in economic adjustment and workforce redeployment; (E) applying, to the extent practicable, consistent policies, practices, and procedures in the administration of Federal programs that are used to assist with the economic adjustment of such regions; (F) creating, maintaining, and using a uniform economic database to analyze regional economic adjustment activities; and (G) upon request by an eligible region, assigning a Federal economic recovery coordinator to work with the region in accordance with section 7. (4) To provide comprehensive technical assistance to any eligible region seeking to-- (A) identify serious economic problems in such region that result from a sudden and severe economic dislocation; (B) integrate the major groups and organizations significantly affected by the economic adjustment of such region; (C) access Federal, State, and local resources designed to assist in the economic adjustment and workforce development of such region; (D) explore layoff aversion strategies, including employee ownership and alternate financing; and (E) diversify and strengthen the economy of the region. (5) To establish an interagency regional economic adjustment working group, consisting of the representatives of any Federal department or agency with responsibility for economic adjustment or workforce development, including representatives of the following: (A) The Department of Agriculture. (B) The Department of Defense. (C) The Department of Education. (D) The Department of Labor. (E) The Department of Housing and Urban Development. (F) The Department of Health and Human Services. (G) The Small Business Administration. (H) The Department of the Treasury. (I) The Department of Commerce. (J) The National Economic Council. SEC. 5. NOTIFICATION AND CERTIFICATION. (a) Certification.--Not later than 15 days after the Secretary receives a notice under section 3(e) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(e)) with respect to a plant closing or mass layoff, the Director shall certify for purposes of this Act the region in which the plant closing or mass layoff is located if 1 or more of the following conditions apply: (1) Number of job losses.-- (A) Urban community.--In the case that the region is comprised of an urban community, not fewer than 500 individuals employed in such community have received written notices under section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) in the most recent 6-month period for which data are available. (B) Rural community.--In the case that the region is comprised of a rural community, not fewer than 300 individuals employed in such community have received such written notices in the most recent 6-month period for which data are available. (2) Percent of workforce unemployed.--The unemployment rate for the region is not less than 1 percent greater than the national unemployment rate for the most recent 12-month period for which data are available through the Bureau of Labor Statistics. (b) Notification to Certified Regions.--Not later than 15 days after the Director certifies a region under subsection (a), the Director shall notify the Governor of the State of such region and the officials of the region-- (1) of such certification; (2) of the provisions of this Act; (3) how to access the central information clearinghouse maintained under section 502(1) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3192(1)); and (4) how to obtain the technical assistance described in section 4(d)(4). SEC. 6. REGIONAL ECONOMIC AND WORKFORCE DEVELOPMENT COORDINATING COMMITTEE. (a) Establishment.--A region may establish a committee in accordance with the provisions of this section to be known as a ``Regional Economic and Workforce Development Coordinating Committee'' (in this section referred to as a ``Committee''). (b) Composition of a Committee.-- (1) Local participation.--A Committee established by a region under subsection (a) shall be composed of representatives of the groups significantly affected by sudden and severe economic dislocation in such region, such as-- (A) State, tribal, municipal, county, and regional governments; (B) planning boards; (C) local businesses; (D) labor and health organizations; (E) 2-year institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); (F) vocational institutions; and (G) religious and other community-based groups that provide assistance to the workers of the region and the families of such workers. (2) Federal participation.--A Committee of a region shall have as ex officio members the following: (A) A Federal economic recovery coordinator assigned by the Director under section 7(a) to such region. (B) Such representatives of Federal agencies as the coordinator described in subparagraph (A) considers necessary. (3) Existing organization.--A region may designate an existing organization in the region as a Committee for purposes of this Act if the organization meets the requirements under paragraphs (1) and (2). (c) Duties.--The duties of a Committee of a region are as follows: (1) To ascertain the severity of the economic dislocation of the region, including consideration of measures of unemployment rates and employment opportunities. (2) To assess the capacity of the region to respond to such economic dislocation and the needs of such region as such region undertakes economic adjustment, taking into consideration such factors as the following: (A) The number of jobs lost as a result of the economic dislocation. (B) The size of the region. (C) The diversity of industries in the region. (D) The skills of the labor force in the region. (E) The condition of the labor market of the region. (F) The availability of financial resources in the region. (G) The quality and availability of educational facilities, including 2-year institutions of higher education and vocational institutions, that serve the region. (3) To facilitate a dialogue between concerned interests in the region, represent the impacted region, and ensure all interests in the region work collaboratively toward collective goals without duplication of effort or resources. (4) To create an executive council with an equitable representation of regional interests to ensure coordination and cooperation among all stakeholders of the region. SEC. 7. FEDERAL ECONOMIC RECOVERY COORDINATORS. (a) Assignment.--Upon the request of an eligible region, the Director shall assign a Federal economic recovery coordinator to such region to carry out the duties described in subsection (b). (b) Duties.--The duties of a Federal economic recovery coordinator assigned under subsection (a) to an eligible region are as follows: (1) To provide technical assistance to the eligible region and assist in the development of a comprehensive economic development strategy (as used in sections 203 and 302 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3143 and 3162)) for such region, including applying for applicable grants to develop or implement such plan. (2) At the local or regional level, to coordinate the response of all Federal agencies offering economic adjustment assistance to the eligible region. (3) Serve as an ex officio member of the Regional Economic and Workforce Development Coordinating Committee of such region established under section 6(a). (4) To act as a liaison between the Regional Economic and Workforce Development Coordinating Committee established by the eligible region and all Federal agencies that offer economic adjustment assistance to eligible regions, including the following: (A) The Department of Agriculture. (B) The Department of Defense. (C) The Department of Education. (D) The Department of Labor. (E) The Department of Housing and Urban Development. (F) The Department of Health and Human Services. (G) The Small Business Administration. (H) The Department of the Treasury. (I) The National Economic Council. (J) The Department of Commerce. (5) To report regularly to the Director regarding the progress of economic adjustment in the eligible region. (6) To perform such other duties as the Secretary or the Director consider appropriate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2009 through 2011. SEC. 9. NOTICE TO THE SECRETARY. Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended by adding at the end the following: ``(e) Notice to the Secretary.--Not later than 60 days after a plant closing or mass layoff, the employer involved shall submit to the Secretary of Labor and the Secretary of Commerce separate notifications of the closing or layoff and the number of employees affected by such closing or layoff.''.
Regional Economic Recovery Coordination Act of 2009 - Establishes in the Department of Commerce the Office of Regional Economic Adjustment, headed by a Director, to: (1) lead, support, and coordinate a program to address economic dislocation in eligible regions (regions undergoing sudden and severe economic dislocation); (2) assist in making a specified central information clearinghouse available to states and eligible regions; (3) coordinate the federal response and provide comprehensive technical assistance to eligible regions; and (4) establish an interagency regional economic adjustment working group. Requires the Director, after notification of certain plant closings or mass employee layoffs, to certify that region as an eligible region for purposes of benefits under this Act. Authorizes a region to establish a Regional Economic and Workforce Development Coordinating Committee to, among other things: (1) ascertain the severity of the region's economic dislocation; and (2) assess the region's capacity to respond to the economic dislocation and its needs as it undertakes economic adjustment. Requires the Director to assign a federal economic recovery coordinator to each eligible region. Amends the Worker Adjustment and Retraining Notification Act to require the employer involved to notify the Secretaries of Labor and Commerce of a plant closing or layoff and the number of employees affected.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Law Enforcement Officers Pay Equity and Reform Act''. SEC. 2. LIMITATION ON PREMIUM PAY. (a) In General.--Section 5547 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``5545a,''; (2) in subsection (c), by striking ``or 5545a''; and (3) in subsection (d), by striking the period and inserting ``or a criminal investigator who is paid availability pay under section 5545a.''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 1114 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1239). SEC. 3. SPECIAL PAY ADJUSTMENTS FOR FEDERAL LAW ENFORCEMENT OFFICERS IN CERTAIN AREAS. (a) In General.--Section 404(b)(1) of the Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note) is amended by striking the matter after the semicolon and inserting the following: ``Area Differential Boston-Lawrence-Salem, MA-NH Consolidated 24.4% Metropolitan Statistical Area. Chicago-Gary-Lake County, IL-IN-WI Consolidated 24.5% Metropolitan Statistical Area. Detroit-Ann Arbor-Flint, MI........................ 18.5% Hartford, CT....................................... 20.3% Los Angeles-Anaheim-Riverside, CA Consolidated 27.1% Metropolitan Statistical Area. New York-Northern New Jersey-Long Island, NY-NJ-CT 26.1% Consolidated Metropolitan Statistical Area. Philadelphia-Wilmington-Trenton PA-NJ-DE-MD 20.3% Consolidated Metropolitan Statistical Area. Portland-Salem, OR-WA.............................. 18.5% Sacramento-Yolo, CA................................ 21% San Diego, CA Metropolitan Statistical Area........ 27.1% San Francisco-Oakland-San Jose, CA Consolidated 32.03% Metropolitan Statistical Area. Seattle-Tacoma-Bremerton, WA....................... 27.5% Washington-Baltimore, DC-MD-VA-WV Consolidated 24.3%''. Metropolitan Statistical Area. (b) Effective Date.--The amendment made by this section shall apply with respect to pay for service performed in pay periods beginning on or after the date of the enactment of this Act. SEC. 4. SEPARATE PAY, EVALUATION, AND PROMOTION SYSTEM FOR FEDERAL LAW ENFORCEMENT OFFICERS. (a) Study.--Not later than 6 months after the date of the enactment of this Act, the Office of Personnel Management shall study and submit to Congress a report which shall contain its findings and recommendations regarding the need for, and the potential benefits to be derived from, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers. In carrying out this subsection, the Office of Personnel Management shall take into account the findings and recommendations contained in the September 1993 report of the Office entitled ``A Plan to Establish a New Pay and Job Evaluation System for Federal Law Enforcement Officers''. (b) Demonstration Project.-- (1) In general.--If, after completing its report under subsection (a), the Office of Personnel Management considers it to be appropriate, the Office shall implement, within 12 months after the date of the enactment of this Act, a demonstration project to determine whether a separate system for Federal law enforcement officers (as described in subsection (a)) would result in improved Federal personnel management. (2) Applicable provisions.--Any demonstration project under this subsection shall be conducted in accordance with the provisions of chapter 47 of title 5, United States Code, except that a project under this subsection shall not be taken into account for purposes of the numerical limitation under section 4703(d)(2) of such title. (3) Permanent changes.--Not later than 6 months before the demonstration project's scheduled termination date, the Office of Personnel Management shall submit to Congress-- (A) its evaluation of the system tested under the demonstration project; and (B) recommendations as to whether or not that system (or any aspects of that system) should be continued or extended to other Federal law enforcement officers. (c) Federal Law Enforcement Officer Defined.--For purposes of this section, the term ``Federal law enforcement officer'' means a law enforcement officer as defined by section 8331 or 8401 of title 5, United States Code, and, subsection (b)(2) notwithstanding, includes any such officer serving in or under the Federal Bureau of Investigation.
Federal Law Enforcement Officers Pay Equity and Reform Act - Excludes availability pay for Federal criminal investigators from premium pay limitations.Amends the Federal Law Enforcement Pay Reform Act of 1990 to increase the Federal special pay differential for Federal law enforcement officers employed in specified metropolitan statistical areas.Requires a study by the Office of Personnel Management (OPM) regarding the need for, and potential benefits of, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers (including officers serving in or under the Federal Bureau of Investigation). Authorizes OPM to implement a demonstration project for such a system.
{"src": "billsum_train", "title": "To amend chapter 55 of title 5, United States Code, to exclude availability pay for Federal criminal investigators from the limitation on premium pay; to modify levels of special pay adjustments for Federal law enforcement officers in certain areas, and for other purposes."}
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SECTION 1. AUTHORITY TO CARRY OUT BASE CLOSURE ROUNDS IN 2003 AND 2005. (a) Commission Matters.-- (1) Appointment.--Subsection (c)(1) of section 2902 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended-- (A) in subparagraph (B)-- (i) by striking ``and'' at the end of clause (ii); (ii) by striking the period at the end of clause (iii) and inserting a semicolon; and (iii) by adding at the end the following new clauses (iv) and (v): ``(iv) by no later than January 24, 2003, in the case of members of the Commission whose terms will expire at the end of the first session of the 108th Congress; and ``(v) by no later than March 15, 2005, in the case of members of the Commission whose terms will expire at the end of the first session of the 109th Congress.''; and (B) in subparagraph (C), by striking ``or for 1995 in clause (iii) of such subparagraph'' and inserting ``, for 1995 in clause (iii) of that subparagraph, for 2003 in clause (iv) of that subparagraph, or for 2005 in clause (v) of that subparagraph''. (2) Meetings.--Subsection (e) of that section is amended by striking ``and 1995'' and inserting ``1995, 2003, and 2005''. (3) Staff.--Subsection (i)(6) of that section is amended in the matter preceding subparagraph (A) by striking ``and 1994'' and inserting ``, 1994, and 2004''. (4) Funding.--Subsection (k) of that section is amended by adding at the end the following new paragraph (4): ``(4) If no funds are appropriated to the Commission by the end of the second session of the 107th Congress for the activities of the Commission in 2003 or 2005, the Secretary may transfer to the Commission for purposes of its activities under this part in either of those years such funds as the Commission may require to carry out such activities. The Secretary may transfer funds under the preceding sentence from any funds available to the Secretary. Funds so transferred shall remain available to the Commission for such purposes until expended.''. (5) Termination.--Subsection (l) of that section is amended by striking ``December 31, 1995'' and inserting ``December 31, 2005''. (b) Procedures.-- (1) Force-structure plan.--Subsection (a)(1) of section 2903 of that Act is amended by striking ``and 1996,'' and inserting ``1996, 2004, and 2006,''. (2) Selection criteria.--Subsection (b) of such section 2903 is amended-- (A) in paragraph (1), by inserting ``and by no later than December 31, 2001, for purposes of activities of the Commission under this part in 2003 and 2005,'' after ``December 31, 1990,''; and (B) in paragraph (2)(A)-- (i) in the first sentence, by inserting ``and by no later than February 15, 2002, for purposes of activities of the Commission under this part in 2003 and 2005,'' after ``February 15, 1991,''; and (ii) in the second sentence, by inserting ``, or enacted on or before March 31, 2002, in the case of criteria published and transmitted under the preceding sentence in 2001'' after ``March 15, 1991''. (3) Department of defense recommendations.--Subsection (c)(1) of such section 2903 is amended by striking ``and March 1, 1995,'' and inserting ``March 1, 1995, March 14, 2003, and May 16, 2005,''. (4) Commission review and recommendations.--Subsection (d) of such section 2903 is amended-- (A) in paragraph (2)(A), by inserting ``or by no later than July 7 in the case of recommendations in 2003, or no later than September 8 in the case of recommendations in 2005,'' after ``pursuant to subsection (c),''; (B) in paragraph (4), by inserting ``or after July 7 in the case of recommendations in 2003, or after September 8 in the case of recommendations in 2005,'' after ``under this subsection,''; and (C) in paragraph (5)(B), by inserting ``or by no later than May 1 in the case of such recommendations in 2003, or no later than July 1 in the case of such recommendations in 2005,'' after ``such recommendations,''. (5) Review by president.--Subsection (e) of such section 2903 is amended-- (A) in paragraph (1), by inserting ``or by no later than July 22 in the case of recommendations in 2003, or no later than September 23 in the case of recommendations in 2005,'' after ``under subsection (d),''; (B) in the second sentence of paragraph (3), by inserting ``or by no later than August 18 in the case of 2003, or no later than October 20 in the case of 2005,'' after ``the year concerned,''; and (C) in paragraph (5), by inserting ``or by September 3 in the case of recommendations in 2003, or November 7 in the case of recommendations in 2005,'' after ``under this part,''. (c) Relationship to Other Base Closure Authority.--Section 2909(a) of that Act is amended by striking ``December 31, 1995,'' and inserting ``December 31, 2005,''. SEC. 2. MODIFICATION OF BASE CLOSURE AUTHORITIES UNDER 1990 BASE CLOSURE LAW. (a) Cost Savings and Return on Investment Under Secretary of Defense Selection Criteria.--Subsection (b) of section 2903 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2867 note) is amended by adding at the end the following: ``(3) Any selection criteria proposed by the Secretary relating to the cost savings or return on investment from the proposed closure or realignment of a military installation shall be based on the total cost and savings to the Federal Government that would result from the proposed closure or realignment of such military installation.''. (b) Department of Defense Recommendations to Commission.-- Subsection (c) of such section 2903 is amended-- (1) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; (2) by inserting after paragraph (3) the following new paragraph (4): ``(4)(A) In making recommendations to the Commission under this subsection in any year after 2000, the Secretary shall consider any notice received from a local government in the vicinity of a military installation that the government would approve of the closure or realignment of the installation. ``(B) Notwithstanding the requirement in subparagraph (A), the Secretary shall make the recommendations referred to in that subparagraph based on the force-structure plan and final criteria otherwise applicable to such recommendations under this section. ``(C) The recommendations made by the Secretary under this subsection in any year after 2000 shall include a statement of the result of the consideration of any notice described in subparagraph (A) that is received with respect to an installation covered by such recommendations. The statement shall set forth the reasons for the result.''; and (3) in paragraph (7), as so redesignated-- (A) in the first sentence, by striking ``paragraph (5)(B)'' and inserting ``paragraph (6)(B)''; and (B) in the second sentence, by striking ``24 hours'' and inserting ``48 hours''. (c) Privatization in Place.--Section 2904(a) of that Act is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following new paragraph (3): ``(3) carry out the privatization in place of a military installation recommended for closure or realignment by the Commission in each such report after 2000 only if privatization in place is a method of closure or realignment of the installation specified in the recommendation of the Commission in such report and is determined to be the most-cost effective method of implementation of the recommendation;''. SEC. 3. TECHNICAL AND CLARIFYING AMENDMENTS. (a) Commencement of Period for Notice of Interest in Property for Homeless.--Section 2905(b)(7)(D)(ii)(I) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2867 note) is amended by striking ``that date'' and inserting ``the date of publication of such determination in a newspaper of general circulation in the communities in the vicinity of the installation under subparagraph (B)(i)(IV)''. (b) Other Clarifying Amendments.-- (1) That Act is further amended by inserting ``or realignment'' after ``closure'' each place it appears in the following provisions: (A) Section 2905(b)(3). (B) Section 2905(b)(5). (C) Section 2905(b)(7)(B)(iv). (D) Section 2905(b)(7)(N). (E) Section 2910(10)(B). (2) That Act is further amended by inserting ``or realigned'' after ``closed'' each place it appears in the following provisions: (A) Section 2905(b)(3)(C)(ii). (B) Section 2905(b)(3)(D). (C) Section 2905(b)(3)(E). (D) Section 2905(b)(4)(A). (E) Section 2905(b)(5)(A). (F) Section 2910(9). (G) Section 2910(10). (3) Section 2905(e)(1)(B) of that Act is amended by inserting ``, or realigned or to be realigned,'' after ``closed or to be closed''.
Amends the Defense Base Closure and Realignment Act of 1990 to: (1) provide for continued appointments to the Defense Base Closure and Realignment Commission, authorize the Secretary of Defense to transfer funds for future Commission expenses, and extend Commission authority through December 31, 2005; (2) require the Secretary to include within budget justification documents a force structure plan for the armed forces through FY 2006 (currently, FY 1996); and (3) extend similarly the dates for submission of final selection criteria used for the closure or realignment of military installations, Department of Defense recommendations for such closures or realignments, Commission review and recommendations, and presidential review. Terminates on December 31, 2005 (currently, 1995), the authority to close or realign such installations.Requires base closure or realignment cost saving or return on investment selection criteria to be based on the total cost and savings to the Federal Government.Requires the Secretary, in making closure or realignment recommendations, to consider any notice received from a local government approving such closure or realignment.Allows privatization in place of a military installation recommended for closure or realignment only if privatization is a method specified in the Commission's recommendation and it is determined to be the most cost-effective method of implementation of the recommendation.
{"src": "billsum_train", "title": "A bill to amend the Defense Base Closure and Realignment Act of 1990 to authorize additional rounds of base closures and realignments under the Act in 2003 and 2005, to modify certain authorities relating to closures and realignments under that Act."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Return on Investment Accountability Act''. SEC. 2. PAYOR STATE CREDIT AMOUNT FOR INDIVIDUALS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after section 6427 the following new section: ``SEC. 6428. PAYOR STATE CREDIT AMOUNT FOR INDIVIDUALS. ``(a) In General.--There shall be allowed to the taxpayer with respect to each eligible individual as a credit against the tax imposed by subtitle A for a taxable year an amount equal to the individual payor State amount. ``(b) Individual Payor State Amount.--For purposes of this section-- ``(1) In general.--The term `individual payor State amount' means the amount that is the same proportion of the payor State amount as the ratio that one bears to all eligible individuals of the State for the calendar year preceding the calendar year in which the taxable year begins. ``(2) Payor state amount.--The term `payor State amount' means the amount equal to the excess (if any) of-- ``(A) the Federal tax burden of the State for the calendar year preceding the calendar year in which the taxable year begins, over ``(B) the Federal outlays received by the State for such preceding calendar year for the calendar year preceding the calendar year in which the taxable year begins. ``(3) Federal tax burden and federal outlays.-- ``(A) In general.--The Secretary shall calculate the Federal tax burden of each State for each calendar year and the Federal outlays received by the State for the calendar year. ``(B) Federal tax burden.--For purposes of subparagraph (A), the Secretary shall-- ``(i) treat all Federal taxes paid by eligible individuals as a burden on the State in which such individual resides; and ``(ii) treat all Federal taxes paid by a legal business entity as a burden on the State in which economic activity of such entity is performed in the same proportion that the economic activity of such entity in such State bears to the economic activity of such entity in all the States. ``(C) Federal outlays.--For purposes of subparagraph (A), a Federal contract award shall be treated as a Federal outlay received by each State in which performance under the award takes place in the same proportion that such performance in such State bears to such performance in all the States. ``(4) Eligible individual.-- ``(A) In general.--The term `eligible individual' means any individual who is-- ``(i) the taxpayer, the spouse of the taxpayer, or a dependent of the taxpayer, ``(ii) a citizen of the United States or lawfully present in the United States, and ``(iii) a resident of the payor State for more than half of the taxable year. ``(B) Exception.--The term `eligible individual' does not include-- ``(i) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, or ``(ii) an estate or trust. ``(c) Treatment of Credit.--The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. ``(d) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (e). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (e) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(e) Advance Refunds and Credits.-- ``(1) In general.--Each individual who was an eligible individual for a calendar year shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the advance refund amount for such taxable year. ``(2) Advance refund amount.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for the taxable year in which the calendar year begins (other than subsection (d) and this subsection) had applied to such taxable year. ``(3) No interest.--No interest shall be allowed on any overpayment attributable to this section. ``(f) Identification Number Requirement.-- ``(1) In general.--No credit shall be allowed under subsection (a) to an eligible individual who does not include on the return of tax for the taxable year-- ``(A) such individual's valid identification number, and ``(B) in the case of a joint return, the valid identification number of such individual's spouse. ``(2) Valid identification number.--For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.''. (b) Administrative Amendments.-- (1) Definition of deficiency.--Section 6211(b)(4)(A) of such Code is amended by inserting ``6428,'' after ``168(k)(4),''. (2) Mathematical or clerical error authority.--Section 6213(g)(2) of such Code is amended by striking ``and'' at the end of subparagraph (P), by striking the period at the end of subparagraph (R) and inserting ``, and'', and by inserting after subparagraph (R) the following: ``(S) an omission of information required under section 6428(f) to be included on a return.''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``6428,'' before ``or 6431''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by inserting after the item relating to section 6427 the following new item: ``Sec. 6428. Payor State credit amount for individuals.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after one year after the date of the enactment of this Act.
Return on Investment Accountability Act This bill amends the Internal Revenue Code to allow a refundable tax credit for eligible individuals who reside in states in which the federal tax burden of the state exceeds the federal outlays received by the state. An "eligible individual" is an individual who is: (1) the taxpayer, the spouse of the taxpayer, or a dependent of the taxpayer; (2) a citizen of the United States or lawfully present in the United States; and (3) a resident of the state for more than half of the year. The term does not include an estate, trust, or an individual for whom another taxpayer is allowed a deduction for a personal exemption.
{"src": "billsum_train", "title": "Return on Investment Accountability Act"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Jobs Act of 1994''. SEC. 2. TAX RELIEF IN THE EVENT OF LOW GROWTH. (a) Low-Growth Report.-- (1) In general.--At any time, the Director of the Office of Management and Budget (hereafter in this section referred to as the ``Director'') shall notify the President and the Congress if the Director has determined that for any of the periods described in paragraph (2)-- (A) economic growth as measured by the change in real Gross Domestic Product (GDP) at an annual rate is estimated to be less than 3 percent, and (B) the rate of national unemployment (seasonally adjusted) is estimated to be greater than 6.0 percent. (2) Testing periods.--For purposes of paragraph (1), the periods described in this paragraph are-- (A) the period consisting of the quarter during which the notification is given and the quarter preceding such notification, (B) the period consisting of the preceding 4 quarters, and (C) the period consisting of the 4 quarters following such notification. (b) Presidential Authorization of Temporary Tax Reductions.-- (1) Presidential declaration.--After notification under subsection (a), the President may issue a declaration that temporary income tax reductions are required for a specified calendar year to provide a quick and necessary fiscal stimulus to the economy. Any such declaration shall be transmitted to the Congress. (2) Temporary tax modifications.--If the President transmits a declaration under paragraph (1) to the Congress-- (A) Temporary tax reductions.-- (i) In general.--Effective for taxable years beginning in the calendar year specified in such declaration-- (I) the rates applicable to the first income bracket in the tax tables contained in section 1 of the Internal Revenue Code of 1986 shall be reduced by a percentage (not to exceed 13\1/3\ percent) specified in such declaration, and (II) the amounts set forth as tax in such tables shall be adjusted to reflect such rate reduction. (ii) Withholding adjustments.--The withholding tables or procedures prescribed by the Secretary of the Treasury or his delegate under section 3402(a) of such Code shall be modified so that, to the maximum extent possible, the full calendar year effect of such reduction is reflected through withholding reductions during the portion of the calendar year after such declaration. (B) Temporary surtax where economic growth requirements subsequently satisfied.-- (i) In general.--Effective for taxable years beginning in the first subsequent calendar year for which the economic growth requirements of paragraph (3) are satisfied-- (I) each rate of tax in the tax tables contained in section 1 of the Internal Revenue Code of 1986 shall be increased by the percentage determined under paragraph (4) for such year, and (II) the amounts set forth as tax in such tables shall be adjusted to reflect such rate increases. (ii) Withholding adjustments.--Effective for such subsequent calendar year, the withholding tables or procedures prescribed by the Secretary of the Treasury or his delegate under section 3402(a) of such Code shall be modified to reflect the increase in tax rates under clause (i). (3) Economic growth requirements.--The economic growth requirements of this paragraph are satisfied for any calendar year if, before the beginning of such calendar year, the President determines (and publishes such determination in the Federal Register) that for such calendar year and the immediately preceding calendar year-- (A) economic growth as measured by the change in the real Gross Domestic Product (GDP) is estimated to be greater than 4 percent, and (B) the rate of national unemployment (seasonally adjusted) is estimated to be less than 6.0 percent. (4) Rate increase percentage.--The percentage determined under this paragraph is the percentage increase in the tax rates contained in section 1 of the Internal Revenue Code of 1986 which the President estimates will result in an aggregate increase in receipts under chapter 1 of such Code equal to the aggregate decrease in receipts under such Code by reason of subparagraph (A) of paragraph (2). Such percentage shall be published in the Federal Register before the beginning of the calendar year for which the economic growth requirements of paragraph (2) are satisfied. (5) Special rules where more than 1 rate reduction.--If there has been more than 1 reduction under paragraph (2)(A) before any increase under paragraph (2)(B)-- (A) paragraph (2)(B) shall not be limited to the first subsequent calendar year for which the economic growth requirements of paragraph (3) are satisfied, but (B) the percentage determined under paragraph (4) for each such subsequent calendar year shall be determined by taking into account only the decrease in receipts under such Code with respect to taxable years beginning in a single calendar year, beginning with the earliest calendar year with respect to which a percentage increase has not been determined under paragraph (4). SEC. 3. TREATMENT UNDER PAY-AS-YOU-GO PROCEDURES. Any reduction or increase in receipts resulting from section 2 of this Act shall not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985.
Economic Growth and Jobs Act of 1994 - Grants the President authority to declare temporary tax reductions based on economic growth and the rate of national unemployment. Provides for a temporary surtax when the economic growth requirements are subsequently satisfied.
{"src": "billsum_train", "title": "Economic Growth and Jobs Act of 1994"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Show Accountability Act''. SEC. 2. FINDINGS. Congress finds that-- (1) more than 4,400 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and nonlicensed firearms sellers; (2) traditional gun shows, as well as flea markets and other organized events, at which a large number of firearms are offered for sale by Federal firearms licensees and nonlicensed firearms sellers, form a significant part of the national firearms market; (3) firearms and ammunition that are exhibited or offered for sale or exchange at gun shows, flea markets, and other organized events move easily in and substantially affect interstate commerce; (4) in fact, even before a firearm is exhibited or offered for sale or exchange at a gun show, flea market, or other organized event, the gun, its component parts, ammunition, and the raw materials from which it is manufactured have moved in interstate commerce; (5) gun shows, flea markets, and other organized events at which firearms are exhibited or offered for sale or exchange, provide a convenient and centralized commercial location at which firearms may be bought and sold anonymously, often without background checks and without records that enable gun tracing; (6) at gun shows, flea markets, and other organized events at which guns are exhibited or offered for sale or exchange, criminals and other prohibited persons obtain guns without background checks and frequently use guns that cannot be traced to later commit crimes; (7) many persons who buy and sell firearms at gun shows, flea markets, and other organized events cross State lines to attend these events and engage in the interstate transportation of firearms obtained at these events; (8) gun violence is a pervasive, national problem that is exacerbated by the availability of guns at gun shows, flea markets, and other organized events; (9) firearms associated with gun shows have been transferred illegally to residents of another State by Federal firearms licensees and nonlicensed firearms sellers, and have been involved in subsequent crimes including drug offenses, crimes of violence, property crimes, and illegal possession of firearms by felons and other prohibited persons; and (10) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to ensure, by enactment of this Act, that criminals and other prohibited persons do not obtain firearms at gun shows, flea markets, and other organized events. SEC. 3. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) Gun Show.--The term `gun show' means any event-- ``(A) at which 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and ``(B) at which 2 or more persons are offering or exhibiting 1 or more firearms for sale, transfer, or exchange. ``(36) Gun Show Promoter.--The term `gun show promoter' means any person who organizes, plans, promotes, or operates a gun show. ``(37) Gun Show Vendor.--The term `gun show vendor' means any person who exhibits, sells, offers for sale, transfers, or exchanges 1 or more firearms at a gun show, regardless of whether or not the person arranges with the gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange 1 or more firearms.'' (b) Regulation of Firearms Transfers at Gun Shows.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Promoters.--It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person-- ``(1) registers with the Secretary in accordance with regulations promulgated by the Secretary; and ``(2) pays a registration fee, in an amount determined by the Secretary. ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person-- ``(1) not later that 30 days before commencement of the gun show, notifies the Secretary of the date, time, duration, and location of the gun show and any other information concerning the gun show as the Secretary may require by regulation; ``(2) not later than 72 hours before commencement of the gun show, submits to the Secretary an updated list of all gun show vendors planning to participate in the gun show and any other information concerning such vendors as the Secretary may require by regulation; ``(3) before commencement of the gun show, verifies the identity of each gun show vendor participating in the gun show by examining a valid identification document (as defined in section 1028(d)(1)) of the vendor containing a photograph of the vendor; ``(4) before commencement of the gun show, requires each gun show vendor to sign-- ``(A) a ledger with identifying information concerning the vendor; and ``(B) a notice advising the vendor of the obligations of the vendor under this chapter; and ``(5) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Secretary shall prescribe; ``(6) not later than 5 days after the last day of the gun show, submits to the Secretary a copy of the ledger and notice described in paragraph (4); and ``(7) maintains a copy of the records described in paragraphs (2) through (4) at the permanent place of business of the gun show promoter for such period of time and in such form as the Secretary shall require by regulation. ``(c) Responsibilities of Transferors Other Than Licensees.-- ``(1) In general.--If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e). ``(2) Criminal background checks.--A person who is subject to the requirement of paragraph (1)-- ``(A) shall not transfer the firearm to the transferee until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and ``(B) notwithstanding subparagraph (A), shall not transfer the firearm to the transferee if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B). ``(d) Responsibilities of Transferees Other Than Licensees.-- ``(1) In general.--If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to receive a firearm from another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e). ``(2) Criminal background checks.--A person who is subject to the requirement of paragraph (1)-- ``(A) shall not receive the firearm from the transferor until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and ``(B) notwithstanding subparagraph (A), shall not receive the firearm from the transferor if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B). ``(e) Responsibilities of Licensees.--A licensed importer, licensed manufacturer, or licensed dealer who agrees to assist a person who is not licensed under this chapter in carrying out the responsibilities of that person under subsection (c) or (d) with respect to the transfer of a firearm shall-- ``(1) enter such information about the firearm as the Secretary may require by regulation into a separate bound record; ``(2) record the transfer on a form specified by the Secretary; ``(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed importer, licensed manufacturer, or licensed dealer to the designated transferee (although a licensed importer, licensed manufacturer, or licensed dealer complying with this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the nonlicensed transferor), and notify the nonlicensed transferor and the nonlicensed transferee-- ``(A) of such compliance; and ``(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed importer, licensed manufacturer, or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or would violate State law; ``(4) not later than 10 days after the date on which the transfer occurs, submit to the Secretary a report of the transfer, which report-- ``(A) shall be on a form specified by the Secretary by regulation; and ``(B) shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; ``(5) if the licensed importer, licensed manufacturer, or licensed dealer assists a person other than a licensee in transferring, at 1 time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same nonlicensed person, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which report shall be-- ``(A) prepared on a form specified by the Secretary; and ``(B) not later than the close of business on the date on which the transfer occurs, forwarded to-- ``(i) the office specified on the form described in subparagraph (A); and ``(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and ``(6) retain a record of the transfer as part of the permanent business records of the licensed importer, licensed manufacturer, or licensed dealer. ``(f) Records of Licensee Transfers.--If any part of a firearm transaction takes place at a gun show, each licensed importer, licensed manufacturer, and licensed dealer who transfers 1 or more firearms to a person who is not licensed under this chapter shall, not later than 10 days after the date on which the transfer occurs, submit to the Secretary a report of the transfer, which report-- ``(1) shall be in a form specified by the Secretary by regulation; ``(2) shall not include the name of or other identifying information relating to the transferee; and ``(3) shall not duplicate information provided in any report required under subsection (e)(4). ``(g) Firearm Transaction Defined.--In this section, the term `firearm transaction' includes the exhibition, sale, offer for sale, transfer, or exchange of a firearm.''. (2) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(7)(A) Whoever knowingly violates section 931(a) shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subsection (b) or (c) of section 931, shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both. ``(C) Whoever willfully violates section 931(d), shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both. ``(D) Whoever knowingly violates subsection (e) or (f) of section 931 shall be fined under this title, imprisoned not more than 5 years, or both. ``(E) In addition to any other penalties imposed under this paragraph, the Secretary may, with respect to any person who knowingly violates any provision of section 931-- ``(i) if the person is registered pursuant to section 931(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 931(a); and ``(ii) impose a civil fine in an amount equal to not more than $10,000.''. (3) Technical and conforming amendments.--Chapter 44 of title 18, United States Code, is amended-- (A) in the chapter analysis, by adding at the end the following: ``931. Regulation of firearms transfers at gun shows.''; and (B) in the first sentence of section 923(j), by striking ``a gun show or event'' and inserting ``an event''; and (c) Inspection Authority.--Section 923(g)(1) is amended by adding at the end the following: ``(E) Notwithstanding subparagraph (B), the Secretary may enter during business hours the place of business of any gun show promoter and any place where a gun show is held for the purposes of examining the records required by sections 923 and 931 and the inventory of licensees conducting business at the gun show. Such entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show promoters and licensees conducting business at the gun show and shall not require a showing of reasonable cause or a warrant.''. (d) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of title 18, United States Code, is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (e) Increased Penalties for Violations of Criminal Background Check Requirements.-- (1) Penalties.--Section 924 of title 18, United States Code, is amended-- (A) in paragraph (5), by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(s)''; and (B) by adding at the end the following: ``(8) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned not more than 5 years, or both.''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of title 18, United States Code, is amended by striking ``and, at the time'' and all that follows through ``State law''. (f) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.
Gun Show Accountability Act - Amends the Brady Handgun Violence Prevention Act to prohibit any person from organizing, planning, promoting, or operating a gun show without: (1) registering with the Secretary of the Treasury and paying a registration fee; (2) notifying the Secretary, at least 30 days in advance, of the date, time, duration, and location of the show; (3) submitting to the Secretary, at least 72 hours in advance, an updated list of all show vendors planning to participate; (4) first verifying the identity of each show vendor participating by examining a valid identification document containing a photograph of the vendor; (5) first requiring each vendor to sign a ledger with identifying information and a notice advising the vendor of his or her obligations; (6) notifying each attendee of requirements under the Act; (7) submitting to the Secretary, at least five days after the end of the show, a copy of the ledger and notice; and (8) maintaining a copy of the records described above at the permanent place of business of the show promoter for such period of time and in such form as the Secretary shall require. Sets forth provisions regarding: (1) responsibilities of transferors and transferees other than licensees, including criminal background check requirements; and (2) records of licensee transfers. Sets penalties for violations of this Act. Authorizes the Secretary to enter during business hours the place of business of any show promoter and any place where a show is held for purposes of examining required records and the inventory of licensees conducting business at the show, without a showing of reasonable cause or a warrant. Increases penalties for: (1) serious recordkeeping violations by licensees; and (2) violations of criminal background check requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Independent Film and Television Production Incentive Act of 2001''. SEC. 2. TAX INCENTIVES FOR QUALIFIED UNITED STATES INDEPENDENT FILM AND TELEVISION PRODUCTION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. UNITED STATES INDEPENDENT FILM AND TELEVISION PRODUCTION WAGE CREDIT. ``(a) Amount of Credit.-- ``(1) In general.--For purposes of section 38, the United States independent film and television production wage credit determined under this section with respect to any employer for any taxable year is an amount equal to 25 percent of the qualified wages paid or incurred during such taxable year. ``(2) Higher percentage for production employment in certain areas.--In the case of qualified employees in any qualified United States independent film and television production located in an area eligible for designation as a low-income community under section 45D or eligible for designation by the Delta Regional Authority as a distressed county or isolated area of distress, paragraph (1) shall be applied by substituting `35 percent' for `25 percent'. ``(b) Only First $25,000 of Wages per Year Taken Into Account.-- With respect to each qualified United States independent film and television production, the amount of qualified wages paid or incurred to each qualified employee which may be taken into account for a taxable year shall not exceed $25,000. ``(c) Qualified Wages.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means-- ``(A) any wages paid or incurred by an employer for services performed in the United States by an employee while such employee is a qualified employee, and ``(B) the employee fringe benefit expenses of the employer allocable to such services performed by such employee. ``(2) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, any employee of an employer if substantially all of the services performed during such period by such employee for such employer are performed in an activity related to any qualified United States independent film and television production in a trade or business of the employer. ``(B) Certain individuals not eligible.--Such term shall not include-- ``(i) any individual described in subparagraph (A), (B), or (C) of section 51(i)(1), and ``(ii) any 5-percent owner (as defined in section 416(i)(1)(B). ``(3) Coordination with other wage credits.--No credit shall be allowed under any other provision of this chapter for wages paid to any employee during any taxable year if the employer is allowed a credit under this section for any of such wages. ``(4) Wages.--The term `wages' has the same meaning as when used in section 51. ``(5) Employee fringe benefit expenses.--The term `employee fringe benefit expenses' means the amount allowable as a deduction under this chapter to the employer for any taxable year with respect to-- ``(A) employer contributions under stock bonus, pension, profit-sharing, or annuity plan, ``(B) employer-provided coverage under any accident or health plan for employees, and ``(C) the cost of life or disability insurance provided to employees. Any amount treated as wages under paragraph (1)(A) shall not be taken into account under this subparagraph. ``(d) Qualified United States Independent Film and Television Production.--For purposes of this section-- ``(1) In general.--The term `qualified United States independent film and television production' means any production of any motion picture (whether released theatrically or directly to video cassette or any other format), television or cable programming, mini series, episodic television, movie of the week, or pilot production for any of the preceding productions if-- ``(A) the majority of the days of principal photography of the production are within the United States (or in the case of the credit under subsection (a)(2), the area described in such subsection), ``(B) the production is created primarily for use as public entertainment or for educational purposes, and ``(C) the total cost of qualified wages of the production is more than $200,000 but less than $10,000,000. Such term shall not include any production if records are required under section 2257 of title 18, United States Code, to be maintained with respect to any performer in such production (reporting of books, films, etc. with sexually explicit conduct). For purposes of subparagraph (A), no day of photography shall be considered a day of principal photography unless the cost of wages for the production for that day exceeds the average daily cost of wages for such production. ``(2) Public entertainment.--The term `public entertainment' includes a motion picture film, video tape, or television program intended for initial broadcast via the public broadcast spectrum or delivered via cable distribution, or productions that are submitted to a national organization in existence on July 27, 2001, that rates films for violent or adult content. Such term does not include any film or tape the market for which is primarily topical, is otherwise essentially transitory in nature, or is produced for private noncommercial use. ``(3) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2001, the $10,000,000 amount contained in paragraph (1)(C) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $500,000, such amount shall be rounded to the nearest multiple of $500,000. ``(e) Controlled Groups.--For purposes of this section-- ``(1) all employers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single employer for purposes of this subpart, and ``(2) the credit (if any) determined under this section with respect to each such employer shall be its proportionate share of the wages giving rise to such credit. ``(f) Application of Certain Other Rules.--For purposes of this section, rules similar to the rules of section 51(k) and subsections (c) and (d) of section 52 shall apply.''. (b) Credit Treated as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the United States independent film and television production wage credit determined under section 45G(a).''. (c) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the United States independent film and television production wage credit determined under section 45G may be carried back to a taxable year ending before the date of the enactment of section 45G.''. (d) Denial of Double Benefit.--Subsection (a) of section 280C of the Internal Revenue Code of 1986 is amended by inserting ``45G(a),'' after ``45A(a),''. (e) Conforming Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45G. United States independent film and television production wage credit.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act in taxable years ending after such date.
United States Independent Film and Television Production Incentive Act of 2001 - Amends the Internal Revenue Code to establish a tax credit for 25 percent of up to the first $25,000 of qualified wages paid or incurred by an employer with respect to employees in any qualified U.S. independent film and television production during a taxable year. Increases the credit to 35 percent if the production is located in an area eligible for designation as a low-income community or eligible for designation by the Delta Regional Authority as a distressed county or isolated area of distress.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``College Savings Protection Act''. SEC. 2. MODIFICATIONS TO QUALIFIED TUITION PROGRAMS. (a) Eligible Educational Institutions Permitted To Maintain Qualified Tuition Programs.-- (1) In general.--Section 529(b)(1) of the Internal Revenue Code of 1986 (defining qualified State tuition program) is amended by inserting ``or by one or more eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (2) Private qualified tuition programs limited to benefit plans.--Clause (ii) of section 529(b)(1)(A) of such Code is amended by inserting ``in the case of a program established and maintained by a State or agency or instrumentality thereof,'' before ``may make''. (3) Conforming amendments.-- (A) Sections 72(e)(9), 135(c)(2)(C), 135(d)(1)(D), 529, 530(b)(2)(B), 4973(e), and 6693(a)(2)(C) of such Code are each amended by striking ``qualified State tuition'' each place it appears and inserting ``qualified tuition''. (B) The headings for sections 72(e)(9) and 135(c)(2)(C) of such Code are each amended by striking ``qualified state tuition'' and inserting ``qualified tuition''. (C) The headings for sections 529(b) and 530(b)(2)(B) of such Code are each amended by striking ``Qualified state tuition'' and inserting ``Qualified tuition''. (D) The heading for section 529 of such Code is amended by striking ``state''. (E) The item relating to section 529 in the table of sections for part VIII of subchapter F of chapter 1 of such Code is amended by striking ``State''. (b) Exclusion From Gross Income of Education Distributions From Qualified Tuition Programs.-- (1) In general.--Section 529(c)(3)(B) of such Code (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--For purposes of this paragraph-- ``(i) In-kind distributions.--No amount shall be includible in gross income under subparagraph (A) by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense. ``(ii) Cash distributions.--In the case of distributions not described in clause (i), if-- ``(I) such distributions do not exceed the qualified higher education expenses (reduced by expenses described in clause (i)), no amount shall be includible in gross income, and ``(II) in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions. ``(iii) Treatment as distributions.--Any benefit furnished to a designated beneficiary under a qualified tuition program shall be treated as a distribution to the beneficiary for purposes of this paragraph. ``(iv) Coordination with hope and lifetime learning credits.--The total amount of qualified higher education expenses with respect to an individual for the taxable year shall be reduced-- ``(I) as provided in section 25A(g)(2), and ``(II) by the amount of such expenses which were taken into account in determining the credit allowed to the taxpayer or any other person under section 25A. ``(v) Coordination with education individual retirement accounts.--If, with respect to an individual for any taxable year-- ``(I) the aggregate distributions to which clauses (i) and (ii) and section 530(d)(2)(A) apply, exceed ``(II) the total amount of qualified higher education expenses otherwise taken into account under clauses (i) and (ii) (after the application of clause (iv)) for such year, the taxpayer shall allocate such expenses among such distributions for purposes of determining the amount of the exclusion under clauses (i) and (ii) and section 530(d)(2)(A).''. (2) Conforming amendments.-- (A) Section 135(d)(2)(B) of such Code is amended by striking ``the exclusion under section 530(d)(2)'' and inserting ``the exclusions under sections 529(c)(3)(B)(i) and 530(d)(2)''. (B) Section 221(e)(2)(A) of such Code is amended by inserting ``529,'' after ``135,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.
College Savings Protection Act- Amends the Internal Revenue Code to: (1) permit private educational institutions to maintain qualified tuition programs; and (2) exclude distributions from such programs which are used to pay educational expenses from gross income.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Jena Band of Choctaw Indians of Louisiana Confirmation Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) In 1903 and 1904, after presenting testimony before the Dawes Commission, ancestors of the Jena Band of Choctaw were identified as ``Fullblood Mississippi Choctaw Indians''. (2) More than 60 percent of the membership on the Jena Band of Choctaw roll dated December 1, 1984, and later submitted to the Assistant Secretary, Indian Affairs, on May 2, 1985, can document possessing one-half or more Choctaw Indian blood quantum based on descent from individuals listed as ``Mississippi Choctaw'' by the Dawes Commission or as ``Choctaw'' on the Indian Schedules of the 1900 Federal Population Census. (3) High blood degree such as that demonstrated and documented by the Jena Band of Choctaw, although not a requirement for maintaining a Federal tribal relationship provides exceptional evidence which supports confirmation of that relationship outside the normal administrative process, because a group cannot maintain a high blood degree without a continuity of close and significant social relationships which in themselves demonstrate distinct social community. (4) The Jena Band of Choctaw has retained a distinct dialect of the Choctaw language on a continuous basis since historic times, thus, providing supporting evidence that the Jena Band has maintained itself as a separate and distinct historic band of Choctaw. (5) The Jena Band's Choctaw ancestors resided in close proximity in historic Catahoula Parish, the predecessor to modern Catahoula and La Salle Parishes, according to the 1880, 1900 and 1910 Federal population censuses; Federal documents place the members of the Tribe in this same area in the 1930's and 1950's; 72 percent of the Tribe's current membership still resides in La Salle, and neighboring Grant and Rapides Parishes, thus providing supporting evidence for continuity of membership and location. (6) The Jena Band of Choctaw can document and identify traditional leaders by name from 1850 to 1968 and elected leaders from 1974 to the present, which in the historical context of their community provides supporting evidence for continuity of political influence. (7) Confirmation of the Federal relationship with the Tribe is supported by all the federally recognized tribes in Louisiana and by the Mississippi Band of Choctaw Indians. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Tribe'' means the Jena Band of Choctaw Indians of Louisiana. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Interim Council'' means the Board of Directors of the Jena Band of Choctaw Indians of Louisiana. (4) The term ``member'' means an individual who is enrolled on the membership roll of the Tribe. (5) The term ``State'' means the State of Louisiana. SEC. 4. CONFIRMATION OF FEDERAL RELATIONSHIP. Federal Recognition as a Tribe is hereby confirmed with regard to the Jena Band of Choctaw Indians of Louisiana. All Federal laws of general application to Indians and Indian tribes, including the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461 et seq.), popularly known as the ``Indian Reorganization Act'', shall apply with respect to the Tribe and to the members. SEC. 5. RECOGNITION OF RIGHTS. (a) Existing Rights of Tribe.--Nothing in this Act may be construed to diminish any rights or privileges of the Tribe, or of its members, that existed prior to the date of the enactment of this Act. (b) Existing Rights and Obligations.--Except as otherwise specifically provided in this Act, nothing in this Act may be construed as altering or affecting-- (1) any rights or obligations with respect to property, (2) any rights or obligations under any contract, (3) any hunting, fishing, trapping, gathering, or water rights of the Tribe or its members, or (4) any obligation to pay a tax levied before the date of enactment of this Act. SEC. 6. FEDERAL SERVICES AND BENEFITS. Notwithstanding any other provision of law, and without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after the date of enactment of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes or their members. In the case of Federal services available to members of federally recognized tribes residing on a reservation, members of the Jena Band of Choctaw Indians of Louisiana residing in La Salle, Rapides, and Grant Parishes, Louisiana, shall be deemed to be residing on a reservation. Notwithstanding any other provision of law, the Tribe shall be considered an Indian tribe for the purpose of the Indian Tribal Government Tax Status Act (26 U.S.C. 7871). SEC. 7. ECONOMIC DEVELOPMENT. (a) Plan for Economic Development.--The Secretary shall-- (1) enter into negotiations with the governing body of the Tribe with respect to establishing a plan for economic development for this Tribe; (2) in accordance with this section and not later than 2 years after the adoption of a tribal constitution as provided in section 10, develop such a plan; and (3) upon the approval of such plan by the governing body of the Tribe, submit such plan to the Congress. (b) Restrictions To Be Contained in Plan.--Any proposed transfer of real property contained in the plan developed by the Secretary under subsection (a) shall be consistent with the requirements of section 11 of this Act. SEC. 8. INTERIM GOVERNMENT. Until such time as a constitution for the Tribe is adopted in accordance with section 10(a), the Tribe shall be governed by the Interim Council. SEC. 9. MEMBERSHIP. (a) Base Roll.--The Jena Band of Choctaw membership list dated December 1, 1984, and submitted to the Assistant Secretary, Indian Affairs, on May 2, 1985, shall constitute the base roll of the Tribe subject to the review and approval of the Secretary. (b) Eligibility.--(1) Until a tribal constitution is adopted, a person shall be placed on the Jena membership roll, if the individual is living, possesses at least one-fourth or more Choctaw Indian blood quantum derived directly from those Choctaw who lived in the historic Catahoula Parish, and is not an enrolled member of another federally recognized tribe, and if-- (A) that individual's name is listed on the Jena Band of Choctaw membership list dated December 1, 1984, submitted to the Assistant Secretary, Indian Affairs, on May 2, 1985; (B) that individual is not listed on but meets the requirements established by the Jena Band of Choctaw Indians of Louisiana in its Articles of Incorporation, filed and recorded in the State of Louisiana on May 22, 1974, which had to be met to be included on the Jena Band's list dated December 1, 1984; or (C) that individual is a lineal descendant of an individual, living or dead, identified by subparagraph (A) or (B). (2) After adoption of a tribal constitution, such constitution shall govern membership in the Tribe. In addition to meeting any other criteria imposed in such tribal constitution, any person added to the roll must be of Choctaw ancestry derived directly from those Choctaw who lived in the historic Catahoula Parish and cannot be a member of another federally recognized Indian tribe. SEC. 10. TRIBE CONSTITUTION. (a) In General.--Upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election to adopt a constitution for the Tribe which is consistent with this Act. Such constitution shall be submitted by the Interim Council to the Secretary no later than 1 year following the date of enactment of this Act. Absentee balloting shall be permitted regardless of voter residence. The election shall be conducted in accordance with section 16 of the Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476), as amended. (b) Election of Tribal Officials.--Not later than 120 days after the Tribe adopts a tribal constitution, the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in the constitution. Such election shall be conducted according to the procedures stated in subsection (a) except to the extent that such procedures conflict with the tribal constitution. (c) Tribal Government.--Notwithstanding any other provision of law, the governing body of the Tribe established under the constitution adopted under subsection (a), shall be treated as an Indian tribal government for purposes of the Internal Revenue Code of 1986, and all other Federal laws of general application to Indians and Indian tribes, including the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461 et seq.), as amended. SEC. 11. REAL PROPERTY. (a) Subject to Existing Rights and Obligations.--Any real property taken in trust by the Secretary shall be subject to-- (1) all legal rights and interests in such lands existing at the time of acquisition of such land by the Secretary, including any lien, mortgage, or previously levied and outstanding State or local tax; (2) foreclosure or sale in accordance with the laws of the State of Louisiana pursuant to the terms of any valid obligation in existence at the time of the acquisition of such land by the Secretary; and (3) the provisions of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). (b) Tax Exemption.--Any real property held in trust by the Secretary pursuant to this Act shall be exempt from Federal, State, and local taxation on and after the date such property is accepted by the Secretary. Passed the Senate August 5 (legislative day, June 30), 1993. Attest: WALTER J. STEWART, Secretary.
Jena Band of Choctaw Indians of Louisiana Confirmation Act - Confirms and extends Federal recognition and associated services and benefits to the Jena Band of Choctaw of Louisiana. Directs that the Tribe be governed by an Interim Council until the Secretary of the Interior, upon the written request of the Council, conducts an election to adopt a constitution for the Tribe, and for the election of tribal officials. Directs the Secretary of the Interior to negotiate an economic development plan with the Tribe.
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SECTION 1. TEMPORARY DUTY SUSPENSION. (a) In General.--Subchapter II of Chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.32.12 3-acetoxy-2- methylbenzoyl chloride (CAS No. 167678-46-8) (provided for in subheading 2918.29.65)........ Free No change On or before 3/30/ 97 9902.32.13 2S, 3R-N-Cbz-3-amino- 1-chloro-4- phenylsulfanyl- butan-2-ol (CAS No. 159878-02-1) (provided for in subheading 2922.19.60)........ Free No change On or before 3/30/ 97 9902.32.14 N-(1,1- dimethylethyl) decahydro-2-[2- hydroxy-3-[(3- hydroxy-2- methylbenzoyl) amino]-4- (phenylthio)butyl]- 3- isoquinolinecarboxa mide, [3S- [2(2S*,3S*), 3.a.,4a.b.,8a.b.]] (CAS No. 159989-64- 7) (provided for in subheading 2933.40.60)........ Free No change On or before 3/30/ 97 '' (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) applies with respect to goods entered or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (2) Retroactive application to certain entries.-- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry, or withdrawal from warehouse for consumption, of any goods described in subheading 9902.32.12, 9902.32.13, or 9902.32.14 of the Harmonized Tariff Schedule of the United States (as amended by subsection (a)) that was made-- (A) on or after August 1, 1996, and (B) before the 15th day after the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry or withdrawal occurred on the 15th day after the date of the enactment of this Act.
Amends the Harmonized Tariff Schedule of the United States to suspend, through March 30, 1997, the duty on certain chemicals used in the formulation of an HIV protease inhibitor.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korea Nonproliferation and Accountability Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On February 12, 2013, the Government of North Korea declared that it had conducted its third test of a nuclear device, following its first self-declared test on October 9, 2006, and its second test on May 25, 2009. (2) United Nations Security Council Resolution 1718, adopted on October 14, 2006, condemned the nuclear test proclaimed by North Korea on October 9, 2006, in flagrant disregard of its relevant resolutions, in particular Security Council Resolution 1695 (2006), and demanded that North Korea not conduct any further nuclear test or launch of a ballistic missile; immediately retract its announcement of withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (NPT); and return to the NPT and International Atomic Energy Agency (IAEA) safeguards. (3) United Nations Security Council Resolution 1718 further decided that North Korea shall suspend all activities related to its ballistic missile program and in this context re- establish its pre-existing commitments to a moratorium on missile launching; shall abandon all nuclear weapons and existing nuclear programs in a complete, verifiable, and irreversible manner; shall act strictly in accordance with the obligations applicable to parties under the NPT and the terms and conditions of its IAEA Safeguards Agreement; shall provide the IAEA transparency measures extending beyond these requirements, including such access to individuals, documentation, equipments and facilities as may be required and deemed necessary by the IAEA; and shall abandon all other existing weapons of mass destruction (WMD) and its ballistic missile program in a complete, verifiable, and irreversible manner. (4) United Nations Security Council Resolution 1718 also required United Nations Member States to prevent-- (A) transfers to, and procurement from, North Korea of-- (i) items, materials, equipment, goods, and technology listed in the resolution; and (ii) other items, determined by the Security Council or the 1718 Committee, which could contribute to North Korea's nuclear- related, ballistic missile-related, or other weapons of mass destruction-related programs; (B) certain military equipment or technology transfers related to the prohibited items; and (C) the transfer of luxury goods to North Korea. (5) United Nations Security Council Resolution 1718 further required United Nations Member States to prevent the entry into and transit through their territories of individuals designated by the Security Council or the 1718 Committee as being responsible for North Korea's ballistic missile-related, nuclear-related, or other weapons of mass destruction-related programs, and the immediate freezing of funds, other financial assets, and economic resources of persons or entities designated by the Security Council or the 1718 Committee as being engaged in or providing support for such programs, or by persons or entities acting on their behalf or at their direction. (6) On May 25, 2009, the Government of North Korea declared that it had conducted a second test of a nuclear device. (7) United Nations Security Council Resolution 1874, adopted on June 12, 2009-- (A) decided that North Korea shall abandon all nuclear weapons and existing nuclear programs in a complete, verifiable, and irreversible manner; (B) authorized and required United Nations Member States to seize and dispose of proscribed illicit North Korea items related to its missile, nuclear, and WMD programs identified in inspections called for by the resolution; (C) banned the export to North Korea of all arms and related material other than small arms and light weapons; and (D) decided that Member States shall-- (i) prevent the provision of financial services or the transfer to, through, or from their territory of any financial or other assets or resources that could contribute to North Korea's nuclear-related, ballistic missile-related, or other WMD-related programs or activities; and (ii) deny fuel or supplies to service the vessels carrying them except where necessary on humanitarian grounds. (8) On December 12, 2012, in flagrant defiance of past United Nations Security Council resolutions, the international community, and its Six-Party partners, the Government of North Korea launched a three-stage, long-range missile, which overflew Japanese territory near Okinawa and dropped debris into the Yellow Sea, the East China Sea, and waters adjacent to the Philippines. (9) The United Nations Security Council adopted Security Council Resolution 2087 on January 22, 2013, which condemned North Korea's December 12, 2012, missile launch as a breach of Security Council Resolutions 1718 and 1874, demanded that North Korea ``abandon all nuclear weapons and existing nuclear programs in a complete, verifiable, and irreversible manner,'' and expressed the determination of the Security Council ``to take significant action in the event of a further DPRK launch or nuclear test''. (10) the transition to the leadership of Kim Jong-Un after the death of Kim Jong-Il has introduced new uncertainties, yet the fundamental human rights and humanitarian conditions inside North Korea remain deplorable, thousands of North Koreans remain imprisoned in modern-day gulags, North Korean refugees remain acutely vulnerable, and the findings in the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7801 et seq.), the North Korean Human Rights Reauthorization Act of 2008 (Public Law 110-346), and the Ambassador James R. Lilley and Congressman Stephen J. Solarz North Korea Human Rights Reauthorization Act of 2012 (Public Law 112-172) remain substantially accurate today. (11) There has been extensive military cooperation between the Governments of North Korea and Iran that dates back to the 1980s. (12) The latest provocative and defiant action by the Government of North Korea represents a direct threat to the United States and to our regional allies and partners. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the test of a nuclear device by the Government of North Korea on February 12, 2013, and the missile launch of December 12, 2012, represent flagrant violations of the sanctions regime created by United Nations Security Council Resolutions 1695 (2006), 1718 (2006), and 1874 (2009), the test of the nuclear device on February 12, 2013, is a clear, deliberate, and provocative violation of United Nations Security Resolution 2087 (2013), and the Government of North Korea continues to defy the United Nations, its Six-Party partners, and the international community; (2) all Member States of the United Nations should immediately implement and enforce sanctions imposed by these resolutions and censure North Korea; (3) the Government of North Korea should abandon and dismantle its provocative ballistic missile and nuclear weapons programs, cease its proliferation activities, and come into immediate compliance with all United Nations Security Council resolutions and its commitments under the 2005 Joint Statement of the Six-Party Talks; (4) restrictions against the Government of North Korea, including sanctions that ban the importation into the United States of unlicensed North Korean products and goods, should remain in effect until the Government of North Korea no longer engages in activities that threaten the United States, our allies and partners, and global peace and stability; (5) the United States Government should seek a new round of United Nations Security Council sanctions, including the public identification of all North Korean and foreign banks, business, and government agencies suspected of conduct that violates United Nations Security Council resolutions, and implementing necessary measures to ensure enforcement of such sanctions; (6) all United Nations Member States should-- (A) further strengthen efforts to prevent the transfer of military and dual-use technologies to North Korea, including an expansion of the list of sanctioned materials identified by the United Nations Panel of Experts on North Korea sanctions and the items on the Nuclear Suppliers Group lists; (B) exercise enhanced vigilance including monitoring the activities of their nationals, persons in their territories, financial institutions, and other entities with or on behalf of financial institutions in North Korea, or of those that act on behalf or at the direction of financial institutions in North Korea, including their branches, representatives, agents, and subsidiaries abroad; and (C) prevent transshipments that relate to North Korean military, missile, and nuclear programs and proliferation activities; (7) the United States Government should explore appropriate measures by the United States Armed Forces in the Asia-Pacific region, including in partnership with the armed forces of others countries in the region, to safeguard the national interests, security, and livelihood of the United States and its people, as well as those of United States allies and partners in the region; and (8) the United States Government, acting through its appropriate diplomatic representatives, should secure the agreement of the United Nations Human Rights Council and General Assembly to adopt the recommendations made in the February 1, 2013, report of Marzuki Darusman, Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea, that an inquiry mechanism should be established to investigate North Korea's ``grave, widespread and systematic violations of human rights,'' as well as to analyze whether crimes against humanity are being perpetrated in North Korea. SEC. 4. REPORT. Not later than May 15, 2013, the Secretary of State shall conduct, coordinate, and submit to Congress a comprehensive report on United States policy towards North Korea based on a full and complete interagency review of current policy and possible alternatives, including North Korea's weapons of mass destruction and missile programs and human rights atrocities. The report shall include recommendations for such legislative or administrative action as the Secretary considers appropriate in light of the results of the review. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as a declaration of war or an authorization for the use of force against North Korea. Passed the Senate February 25, 2013. Attest: NANCY ERICKSON, Secretary.
(This measure has not been amended since it was reported to the Senate on February 14, 2013. North Korea Nonproliferation and Accountability Act of 2013 - Expresses the sense of Congress that: the test of a nuclear device by North Korea on February 12, 2013, and the missile launch of December 12, 2012, represent flagrant violations of the sanctions regime created by United Nations (U.N.) Security Council Resolutions 1695, 1718, and 1874; the February 12, 2013 test of the nuclear device is a clear and provocative violation of Security Resolution 2087; North Korea continues to defy the U.N., its Six-Party partners, and the international community; U.N. member states should implement and enforce sanctions imposed by these resolutions and censure North Korea; North Korea should dismantle its ballistic missile and nuclear weapons programs, cease its proliferation activities, and comply with all relevant resolutions and its commitments; restrictions against North Korea should remain in effect until it no longer threatens the United States, our allies, and global peace; the United States should seek a new round of Security Council sanctions; U.N. member states should strengthen efforts to prevent the transfer of military and dual-use technologies to North Korea, monitor the activities of their nationals, financial institutions, and other entities with or on behalf of North Korean financial institutions, and prevent transshipments that relate to North Korean military, missile, and nuclear programs and proliferation activities; the United States should explore all appropriate measures for enhanced military operations by the U.S. Armed Forces in the Asia-Pacific region in order to safeguard U.S. national interests; and the United States should secure the agreement of the United Nations Human Rights Council (UNHRC) and General Assembly to adopt the recommendations made in the February 2013 report of Marzuki Darusman, Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea, that an inquiry mechanism should be established to investigate North Korea's systematic violations of human rights, as well as to analyze whether crimes against humanity are being perpetrated in North Korea. Directs the Secretary of State to conduct and submit to Congress a comprehensive report on U.S. policy towards North Korea. States that nothing in this Act shall be construed as a declaration of war or an authorization for the use of force against North Korea.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Health Care Reform Act of 2003''. SEC. 2. REFUNDABLE CREDIT FOR HEALTH CARE COSTS. (a) In General.--Section 35 of the Internal Revenue Code of 1986 (relating to health insurance costs of eligible individuals) is amended to read as follows: ``SEC. 35. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to the amount paid by the taxpayer for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's net income tax for the taxable year, and ``(2) the taxpayer's social security taxes (as defined in section 24(d)) for such taxable year. For purposes of paragraph (1), the term `net income tax' means the sum of the regular tax liability and the tax imposed by section 55, reduced by the credits allowable under this part (other than this subpart). ``(c) Denial of Double Benefit.--Any amount allowed as a credit under this section shall not be taken into account in determining the amount of any deduction under this chapter.'' (b) Conforming Amendments.-- (1) Section 162(l) of such Code is hereby repealed. (2) Section 202 of the Trade Act of 2002, and the amendments made by such section, is hereby repealed, and the Internal Revenue Code of 1986 shall be applied as if such section had not been enacted. (3) The item relating to section 35 in the table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 35. Health insurance costs.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. DISPOSITION OF UNUSED HEALTH BENEFITS IN CAFETERIA PLANS AND FLEXIBLE SPENDING ARRANGEMENTS. (a) In General.--Section 125 of the Internal Revenue Code of 1986 (relating to cafeteria plans) is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following: ``(h) Carryforwards or Payments of Certain Unused Health Benefits.-- ``(1) In general.--For purposes of this title, a plan or other arrangement shall not fail to be treated as a cafeteria plan solely because qualified benefits under such plan include a health flexible spending arrangement under which not more than $500 of unused health benefits may be-- ``(A) carried forward to the succeeding plan year of such health flexible spending arrangement, or ``(B) paid to or on behalf of an employee as compensation as of the end of such plan year or upon the termination of, or failure to re-enroll in, such plan or arrangement. ``(2) Distribution of unused health benefits on behalf of employee.--For purposes of paragraph (1)(B), unused health benefits paid as compensation on behalf of an employee by the employer shall be-- ``(A) includible in gross income and wages of the employee, whether or not a deduction for such payment is allowable under this title to the employee, and ``(B) excludable from-- ``(i) gross income to the extent provided under section 402(e), 457(a) (with respect to contributions to an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A)), or 220, and ``(ii) wages to the extent otherwise provided for amounts so excludable. ``(3) Health flexible spending arrangement.--For purposes of this subsection, the term `health flexible spending arrangement' means a flexible spending arrangement (as defined in section 106(c)) that is a qualified benefit and only permits reimbursement for expenses for medical care (as defined in section 213(d)(1) (without regard to subparagraphs (C) and (D) thereof). ``(4) Unused health benefits.--For purposes of this subsection, the term `unused health benefits' means the excess of-- ``(A) the maximum amount of reimbursement allowable during a plan year under a health flexible spending arrangement, over ``(B) the actual amount of reimbursement during such year under such arrangement.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2003. SEC. 4. EXPANSION OF AVAILABILITY OF ARCHER MEDICAL SAVINGS ACCOUNTS. (a) Repeal of Dollar Limitations on Amount That May Be Contributed to Archer MSA.-- (1) In general.--Subsection (b) of section 220 of the Internal Revenue Code of 1986 (relating to limitations) is amended by striking paragraphs (1), (2), and (3) and by redesignating paragraphs (4) through (7) as (1) through (4), respectively. (2) Conforming amendment.--Paragraph (1) of section 106(b) of such Code is amended by striking ``to the extent'' and all that follows and inserting a period. (b) Repeal of Limitations on Number of Medical Savings Accounts.-- (1) In general.--Subsections (i) and (j) of section 220 of the Internal Revenue Code of 1986 are hereby repealed. (2) Conforming amendments.-- (A) Paragraph (1) of section 220(c) of such Code is amended by striking subparagraph (D). (B) Section 138 of such Code is amended by striking subsection (f). (c) Availability Not Limited to Accounts for Employees of Small Employers and Self-Employed Individuals.-- (1) In general.--Subparagraph (A) of section 220(c)(1) of such Code (relating to eligible individual) is amended to read as follows: ``(A) In general.--The term `eligible individual' means, with respect to any month, any individual if-- ``(i) such individual is covered under a high deductible health plan as of the 1st day of such month, and ``(ii) such individual is not, while covered under a high deductible health plan, covered under any health plan-- ``(I) which is not a high deductible health plan, and ``(II) which provides coverage for any benefit which is covered under the high deductible health plan.''. (2) Conforming amendments.-- (A) Section 220(c)(1) of such Code is amended by striking subparagraph (C). (B) Section 220(c) of such Code is amended by striking paragraph (4) (defining small employer) and by redesignating paragraph (5) as paragraph (4). (C) Section 220(b) of such Code is amended by striking paragraph (4) (relating to deduction limited by compensation) and by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (d) Both Employers and Employees May Contribute to Medical Savings Accounts.--Paragraph (4) of section 220(b) of such Code (as redesignated by subsection (b)(2)(C)) is amended to read as follows: ``(4) Coordination with exclusion for employer contributions.--The limitation which would (but for this paragraph) apply under this subsection to the taxpayer for any taxable year shall be reduced (but not below zero) by the amount which would (but for section 106(b)) be includible in the taxpayer's gross income for such taxable year.''. (e) Reduction of Permitted Deductibles Under High Deductible Health Plans.-- (1) In general.--Subparagraph (A) of section 220(c)(2) of such Code (defining high deductible health plan) is amended-- (A) by striking ``$1,500'' in clause (i) and inserting ``$1,000''; and (B) by striking ``$3,000'' in clause (ii) and inserting ``$2,000''. (2) Conforming amendment.--Subsection (g) of section 220 of such Code is amended to read as follows: ``(g) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1998, each dollar amount in subsection (c)(2) 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 such taxable year begins by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Special rules.--In the case of the $1,000 amount in subsection (c)(2)(A)(i) and the $2,000 amount in subsection (c)(2)(A)(ii), paragraph (1)(B) shall be applied by substituting `calendar year 2002' for `calendar year 1997'. ``(3) Rounding.--If any increase under paragraph (1) or (2) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.''. (f) Providing Incentives for Preferred Provider Organizations To Offer Medical Savings Accounts.--Clause (ii) of section 220(c)(2)(B) of such Code is amended by striking ``preventive care if'' and all that follows and inserting ``preventive care.'' (g) Medical Savings Accounts May Be Offered Under Cafeteria Plans.--Subsection (f) of section 125 of such Code is amended by striking ``106(b),''. (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 5. REPEAL OF 7.5 PERCENT THRESHOLD ON DEDUCTION FOR MEDICAL EXPENSES. (a) In General.--Subsection (a) of section 213 of the Internal Revenue Code of 1986 (relating to deduction for medical expenses) is amended by striking ``to the extent that such expenses exceed 7.5 percent of adjusted gross income''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003.
Comprehensive Health Care Reform Act of 2003 - Amends the Internal Revenue Code to: (1) allow a limited tax credit for medical insurance; (2) set forth that a plan or other arrangement shall not cease to count as a cafeteria plan solely because qualified benefits under such plan include a health flexible spending arrangement under which not more than $500 of unused health benefits may be carried forward to the next year of such arrangement or paid to or on behalf of an employee as compensation from employment; (3) provide for (among other things), with respect to Archer Medical Savings Accounts, repealing limitations on the amount that may be contributed, repealing limitations on the number of such accounts, and expanding the availability of such accounts beyond employees of small employers and the self-employed; and (4) repeal the 7.5 percent threshold on the medical expense deduction.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims' Assets, Restitution Policy, and Remembrance Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States should continue to lead the international effort to identify, protect, and return looted assets taken by the Nazis and their collaborators from victims of the Holocaust. (2) The citizens of the United States should understand exactly how the United States Government dealt with the assets looted from victims of the Nazis that came into its possession. (3) The United States forces in Europe made extraordinary efforts to locate and restitute assets taken by the Nazis and their collaborators from victims of the Holocaust. (4) However, the restitution policy formulated by the United States and implemented in the countries in Europe occupied by the United States had many inadequacies and fell short of realizing the goal of returning stolen property to the victims. (5) As a result of these United States policies and their implementation, there remain today many survivors or heirs of survivors who have not had restored to them that which the Nazis looted. (6) The Presidential Advisory Commission on Holocaust Assets in the United States, established in Public Law 105-186, found the following: (A) The United States authorities generally restituted those victims' assets that came under United States control to the national government of their country of origin. In these cases the recipient government bore the responsibility to locate the rightful owner and to restitute the property turned over to it by United States authorities. The Commission found little evidence of efforts by these countries to effect restitution and no evidence that the United States monitored the recipient countries' compliance with these responsibilities. (B) The policy explained in subparagraph (A) excluded those who no longer had a nation to represent their interests, or who had fallen victim to the ruthless efficiency of Nazi genocide and whose property had been rendered heirless and unidentifiable. For those cases, the United States designated ``successor organizations'' to sell heirless and unclaimed property and apply the proceeds to the care, resettlement, and rehabilitation of victims. The adoption of this policy led to many assets being too hastily labeled as heirless or unidentifiable, with the result that they were assigned to the successor organizations rather than to the individuals themselves. (C) The United States military government established strict deadlines that created narrow windows for filing petitions for restitution and prevented many rightful owners from asserting their rights. (D) Even when property was returned to individual owners or their heirs, it was often only after protracted, cumbersome, and expensive administrative proceedings that yielded settlements far less than the full value of the assets concerned. (E) Better policy implementation in Germany and Austria would have prevented identifiable victims' assets from being stored in disorganized and poorly secured military warehouses and facilities where they were occasionally subject to theft and requisitioning by United States servicemen and civilian employees. (F) In 1953, a Senate judiciary subcommittee delving into the activities of the United States Office of Alien Property (OAP) criticized the agency for lacking good business practices in the way it handled the assets under its control. The subcommittee particularly singled out the ``inefficient and dilatory'' manner in which claims were processed. Of approximately 15,000 title claims only about 6,000 had been processed. (G) Congress regarded frozen German assets as a source from which to pay United States war claims for damages suffered by American businesses and individuals. The United States War Claims Commission received more than $200,000,000 from liquidated German and Japanese assets. Thus, United States war claims were paid in part by German assets that likely included victims' assets. (7) The United States Government should redress and improve upon the results that occurred as a result of the policies it established to assist the victims or their heirs to recover property stolen from them during the Nazi regime. (8) The best way to improve upon these results is to create a single institution to serve as a centralized repository for research and information about Holocaust-era assets. (9) Enhancing these policies will also assist victims of future armed conflicts around the world. (10) The conference on Material Claims Against Germany has worked since 1951 with the Government of the United States and with other governments to accomplish material restitution of the looted assets of Holocaust victims, wherever those assets were identified, and has played a major role in allocating unclaimed restitution funds, including funds contributed by the United States, to the Nazi Persecutee Relief Fund. SEC. 3. ESTABLISHMENT AND PURPOSES. (a) Establishment.--There is established as an independent entity of the executive branch of the United States Government the National Foundation for the Study of Holocaust Assets (in this Act referred to as the ``Foundation''). (b) Purposes.--The purposes of the Foundation are-- (1) to serve as a centralized repository for research and information about Holocaust-era assets by-- (A) compiling and publishing a comprehensive report that integrates and supplements where necessary the research on Holocaust-era assets prepared by various countries' commissions on the Holocaust; (B) working with the Department of State's Special Envoy for Holocaust Issues to review the degree to which foreign governments have implemented the principles adopted at the Washington Conference on Holocaust-era Assets and the Vilnius International Forum on Holocaust-era Looted Cultural Property, and should encourage the signatories that have not yet implemented those principles to do so; and (C) collecting and disseminating information about restitution programs around the world; (2) to create tools to assist individuals and institutions to determine the ownership of Holocaust victims' assets and to enable claimants to obtain the speedy resolution of their personal property claims by-- (A) ensuring the implementation of the agreements entered into by the Presidential Advisory Commission on Holocaust Assets in the United States with the American Association of Museums and the Association of Art Museum Directors to provide for the establishment and maintenance of a searchable central registry of Holocaust-era cultural property in the United States, beginning with European paintings and Judaica; (B) funding grants to museums, libraries, universities, and other institutions that hold Holocaust-era cultural property and adhere to the agreements referred to in subparagraph (A), to conduct provenance research; (C) encouraging the creation and maintenance of mechanisms such as a computerized, searchable database of Holocaust victims' claims for the restitution of personal property; (D) funding a cross match of records developed by the 50 States of escheated property from the Holocaust era against databases of victims' names and publicizing the results of this effort; (E) assisting State governments in the preservation and automation of records of unclaimed property that may include Holocaust-era property; and (F) regularly publishing lists of Holocaust-era artwork returned to claimants by museums in the United States; (3) to work with private sector institutions to develop and promote common standards and best practices for research and information gathering on Holocaust-era assets by-- (A) promoting and monitoring banks' implementation of the suggested best practices developed by the Presidential Advisory Commission on Holocaust Assets in the United States and the New York Bankers' Association; and (B) promoting the development of common standards and best practices for research by United States corporations into their records concerning whether they conducted business with Nazi Germany in the period preceding the onset of hostilities in December 1941; and (4) other purposes the Board considers appropriate. SEC. 4. BOARD OF DIRECTORS. (a) Membership and Terms.--The Foundation shall have a Board of Directors (in this Act referred to as the ``Board''), which shall consist of 17 members, each of whom shall be a United States citizen. (b) Appointment.--Members of the Board shall be appointed as follows: (1) Nine members of the Board shall be individuals appointed by the President, by and with the advice and consent of the Senate. (2) Eight members of the Board shall be individuals appointed by the President, by and with the advice and consent of the Senate, after consideration of the recommendations of the Congressional leadership, as follows: (A) Two members each shall be appointed after consideration of the recommendations of the Majority Leader of the Senate and after consideration of the recommendations of the Minority Leader of the Senate. (B) Two members each shall be appointed after consideration of the recommendations of the Speaker of the House of Representatives and after consideration of the recommendations of the Minority Leader of the House of Representatives. (c) Chairman.--The President shall appoint a Chair from among the members of the Board. (d) Quorum and Voting.--A majority of the membership of the Board shall constitute a quorum for the transaction of business. Voting shall be by simple majority of those members voting. (e) Meetings and Consultations.--The Board shall meet at the call of the Chairman at least twice a year. Where appropriate, members of the Board shall consult with relevant agencies of the Federal Government, and with the United States Holocaust Memorial Council and Museum. (f) Reimbursements.--Members of the Board shall serve without pay, but shall be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation. SEC. 5. OFFICERS AND EMPLOYEES. (a) Executive Director.--The Foundation shall have an Executive Director appointed by the Board and such other officers as the Board may appoint. The Executive Director and the other officers of the Foundation shall be compensated at rates fixed by the Board and shall serve at the pleasure of the Board. (b) Employees.--Subject to the approval of the Board, the Foundation may employ such individuals at such rates of compensation as the Executive Director determines appropriate. (c) Volunteers.--Subject to the approval of the Board, the Foundation may accept the services of volunteers in the performance of the functions of the Foundation. SEC. 6. FUNCTION AND CORPORATE POWERS. The Foundation-- (1) may conduct business in the United States and abroad; (2) shall have its principal offices in the District of Columbia or its environs; and (3) shall have the power-- (A) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein; (B) to acquire by purchase or exchange any real or personal property or interest therein; (C) to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any real or personal property or income therefrom; (D) to enter into contracts or other arrangements with public agencies, private organizations, and other persons, and to make such payments as may be necessary to carry out its purposes; and (E) to do any and all acts necessary and proper to carry out the purposes of the Foundation. SEC. 7. REPORTING REQUIREMENTS. The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to Congress a report of its proceedings and activities during that fiscal year, including a full and complete statement of its receipts, expenditures, and investments, and a description of all acquisition and disposal of real property. SEC. 8. ADMINISTRATIVE SERVICES AND SUPPORT. The Secretary of the Treasury, the Secretary of Education, the Secretary of State, and the heads of any other Federal agencies may provide personnel, facilities, and other administrative services to the Foundation. SEC. 9. SUNSET PROVISION. The Foundation shall exist until September 30, 2011, at which time the Foundation's functions and research materials and products shall be transferred to the United States Holocaust Memorial Museum, or to other appropriate entities, as determined by the Board. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated to the Foundation such sums as may be necessary to carry out this Act. (b) Limitation.--No funds appropriated to carry out this Act may be used to pay attorneys fees in the pursuit of private claims.
Holocaust Victims' Assets, Restitution Policy, and Remembrance Act - Establishes the National Foundation for the Study of Holocaust Assets as an independent entity of the Executive branch to: (1) serve as a centralized repository for research and information about Holocaust-era assets; and (2) create tools to assist individuals and institutions to determine the ownership of Holocaust victims' assets and to enable claimants to obtain the speedy resolution of their personal property claims.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Retraining And Investment Now Act of 2004'' or the ``TRAIN Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress hereby finds: (1) The value added by workers in the United States and in other countries is increasingly a function of the aggregate knowledge acquired by workers through the aggregate educational and training investments of both governments and businesses. (2) The aggregate investment by governments of many of the United States's trading partners in the education and training of knowledge workers in those countries has exceeded the aggregate per-worker investment by Federal, State, and local governments in the United States. (3) The disparity is evidenced by the declining educational performance of students in the United States compared to their counterparts in other countries. (4) In an increasingly global and competitive marketplace it is becoming increasingly difficult for United States-based businesses to fund worker education and training that is provided at no cost for similar workers in other countries by their governments. (5) The current global workforce environment creates increasing competitive pressures on domestic companies to utilize highly educated knowledge workers in other countries. (6) It is in the interest of the United States government, national security, the preservation of a strong middle class, and the welfare of our Nation's workers to reverse this trend in a fashion that is consistent with trade obligations and the ability of domestic companies to compete globally. (b) Purpose.--It is the purpose of this Act to encourage businesses and individuals to support the educational development of knowledge workers in the United States by providing incentives for information and communications technology education and training investments, for workers requiring the use of those skills in professions such as information or communications technology, engineering, manufacturing and other fields, and for other purposes. SEC. 3. CREDIT FOR INFORMATION AND COMMUNICATIONS TECHNOLOGY EDUCATION AND TRAINING PROGRAM EXPENSES. (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: ``SEC. 30B. INFORMATION AND COMMUNICATIONS TECHNOLOGY EDUCATION AND TRAINING PROGRAM EXPENSES. ``(a) Allowance of Credit.-- ``(1) In general.--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 information and communications technology education and training program expenses paid or incurred by the taxpayer for the benefit of-- ``(A) in the case of a taxpayer engaged in a trade or business, an employee of the taxpayer, or ``(B) in the case of a taxpayer who is an individual not so engaged, such individual. ``(2) Coordination of credits.--Credit shall be allowable to the employer with respect to an employee only to the extent that the employee assigns some or all of the limitation applicable to such employee under subsection (b) to such employer. ``(b) Limitations.-- ``(1) In general.--The amount of expenses with respect to any individual which may be taken into account under subsection (a) for the taxable year shall not exceed $8,000. ``(2) Increase in credit amount for participation in certain programs and for certain individuals.--Paragraph (1) shall be applied by substituting `$10,000' for `$8,000' in the case of expenses-- ``(A) with respect to a program operated-- ``(i) in an empowerment zone or enterprise community designated under part I of subchapter U or a renewal community designated under part I of subchapter X, ``(ii) in a school district in which at least 50 percent of the students attending schools in such district are eligible for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act, ``(iii) in an area designated as a disaster area by the Secretary of Agriculture or by the President under the Disaster Relief and Emergency Assistance Act in the taxable year or the 4 preceding taxable years, ``(iv) in a rural enterprise community designated under section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, ``(v) in an area designated by the Secretary of Agriculture as a Rural Economic Area Partnership Zone, ``(vi) in an area over which an Indian tribal government (as defined in section 7701(a)(40)) has jurisdiction, or ``(vii) by an employer who has 200 or fewer employees for each business day in each of 20 or more calendar weeks in the current or preceding calendar year, or ``(B) in the case of an individual with a disability. ``(c) Information Technology Education and Training Program Expenses.--For purposes of this section-- ``(1) In general.--The term `information technology education and training program expenses' means expenses paid or incurred by reason of the participation of the taxpayer (or any employee of the taxpayer) in any information and communications technology education and training program. Such expenses shall include expenses paid in connection with-- ``(A) course work, ``(B) certification testing, ``(C) programs carried out under the Act of August 16, 1937 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq) which are registered by the Department of Labor, and ``(D) other expenses that are essential to assessing skill acquisition. ``(2) Information technology education and training program.--The term `information technology education and training program' means a training program in information and communications technology workplace disciplines or other skill sets which is provided in the United States by an accredited college, university, private career school, postsecondary educational institution, a commercial information technology provider, or an employer-owned information technology training organization. ``(3) Commercial information technology training provider.--The term `commercial information technology training provider' means a private sector organization providing an information and communications technology education and training program. ``(4) Employer-owned information technology training organization.--The term `employer-owned information technology training organization' means a private sector organization that provides information technology training to its employees using internal training development and delivery personnel. The training programs must use industry-recognized training disciplines and evaluation methods, comparable to institutional and commercial training providers. ``(d) Denial of Double Benefit.-- ``(1) Disallowance of other credits and deductions.--No deduction or credit shall be allowed under any other provision of this chapter for expenses taken into account in determining the credit under this section. ``(2) Reduction for hope and lifetime learning credits.-- The amount taken into account under subsection (a) shall be reduced by the information technology education and training program expenses taken into account in determining the credits under section 25A. ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 45A(e)(2) and subsections (c), (d), and (e) of section 52 shall apply. ``(f) Application With Other Credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- (1) the regular tax for the taxable year reduced by the sum of the credits allowable under the subpart A and the previous sections of this subpart, over (2) the tentative minimum tax for the taxable year.'' (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 30B. Information and communications technology education and training program expenses.'' (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2004. SEC. 4. ELIGIBLE EDUCATIONAL INSTITUTION. (a) In General.--Section 25A(f)(2) of the Internal Revenue Code of 1986 (relating to eligible educational institution) is amended to read as follows: ``(2) Eligible educational institution.--The term `eligible educational institution' means-- ``(A) an institution-- ``(i) which is described in section 101(b) or 102(a) of the Higher Education Act of 1965, and ``(ii) which is eligible to participate in a program under title IV of such Act, or ``(B) a commercial information and communications technology training provider (as defined in section 30B(c)(3)).'' (b) Conforming Amendment.--The second sentence of section 221(e)(2) of the Internal Revenue Code of 1986 is amended by striking ``section 25A(f)(2)'' and inserting ``section 25A(f)(2)(A)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.
Technology Retraining And Investment Now Act of 2004 (TRAIN Act of 2004) - Amends the Internal Revenue Code to allow businesses and individuals a tax credit for 50 percent of their information and communications technology education and training expenses up to $8,000 for a taxable year. Increases the allowable amount of the credit to $10,000 for expenses for a program operated: (1) in an empowerment zone, enterprise community, or renewal community; (2) in a school district in which at least 50 percent of the students are eligible for free or reduced-cost lunches under the National School Lunch Act; (3) in an area designated as a disaster area under the Disaster Relief and Emergency Assistance Act; (4) in a designated rural enterprise community; (5) in an area designated as a Rural Economic Area Partnership Zone; (6) in an area over which an Indian tribal government has jurisdiction; (7) by an employer who has 200 or fewer employees for each business day in each of 20 or more calendar weeks in the current or preceding calendar year; or (8) for an individual with a disability. Defines "information technology education and training program expenses" to include: (1) course work: (2) certification testing; (3) apprenticeship programs registered by the Department of Labor; and (4) other expenses that are essential to assessing skill acquisition. Redefines" eligible educational institution" to include a commercial information and communications technology training provider.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Enterprise Communities Enhancement Act of 2001''. SEC. 2. FUNDING ENTITLEMENT FOR ADDITIONAL ENTERPRISE COMMUNITIES. (a) Entitlement.--Section 2007(a)(1) of the Social Security Act (42 U.S.C. 1397f(a)(1)) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``; and'', and by adding at the end the following: ``(C) 7 grants under this section for each qualified enterprise community that is in the State and is designated pursuant to section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.''. (b) Amount of Grants.--Section 2007(a)(2) of such Act (42 U.S.C. 1397f(a)(2)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following: ``(C) Additional enterprise community grants.--The amount of the grant to a State under this section for each qualified enterprise community referred to in paragraph (1)(C) shall be $500,000, multiplied by the proportion of the population of the community that resides in the State.''. (c) Timing of Grants.--Section 2007(a)(3) of such Act (42 U.S.C. 1397f(a)(3)) is amended by adding at the end the following: ``(C) Additional qualified enterprise communities.--With respect to each qualified enterprise community referred to in paragraph (1)(C), the Secretary shall make 1 grant under this section to the State in which the community lies on the first day of fiscal year 2002 and of each of the 6 succeeding fiscal years.''. (d) Funding.--Section 2007(a)(4) of such Act (42 U.S.C. 1397f(a)(4)) is amended-- (1) by striking ``(4) Funding.--$1,000,000,000'' and inserting the following: ``(4) Funding.-- ``(A) Original grants.--$1,000,000,000''; (2) by inserting ``for empowerment zones and enterprise communities described in subparagraphs (A) and (B) of paragraph (1)'' before the period; and (3) by adding after and below the end the following: ``(B) Additional enterprise community grants.-- $70,000,000 shall be made available to the Secretary for grants under this section for enterprise communities referred to in paragraph (1)(C).''. (e) Definitions.-- (1) Qualified enterprise community.--Section 2007(f)(2)(A) of such Act (42 U.S.C. 1397f(f)(2)(A)) is amended by inserting ``or pursuant to section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999'' before the semicolon. (2) Strategic plan.--Section 2007(f)(3) of such Act (42 U.S.C. 1397f(f)(3)) is amended by inserting ``or under section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999'' before the period. SEC. 3. USE OF GRANT FUNDS. (a) Revolving Loan Activities.--Section 2007(b) of the Social Security Act (42 U.S.C. 1397f(b)) is amended by adding at the end the following: ``(5) Revolving loan activities.-- ``(A) In general.--In order to assist disadvantaged adults and youths in achieving and maintaining economic self-support, a State may use amounts paid under this section to fund revolving loan funds or similar arrangements for the purpose of making loans to residents, institutions, organizations, or businesses that hire disadvantaged adults and youths. ``(B) Rules for disbursement.--Amounts to be used as described in subparagraph (A) shall be disbursed by the Secretary, consistent with the provisions of the Cash Management Improvement Act and its implementing rules, regulations, and procedures issued by the Secretary of the Treasury-- ``(i) in the case of a grant to a revolving loan fund-- ``(I) pursuant to a written irrevocable grant commitment; and ``(II) at such time or times as the Secretary determines that the funds are needed to meet the purposes of such commitment; or ``(ii) in the case of a grant for purposes of capitalizing an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) or an insured credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1742)), at such time or times as the Secretary determines that funds are needed for such capitalization.''.
Enterprise Communities Enhancement Act of 2001 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to provide for: (1) additional State entitlements to grants for designated qualified enterprise communities; (2) funding for such grants; and (3) use of grant funds for revolving loan fund loans to residents, institutions, organizations, or businesses that hire disadvantaged adults and youths.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Heritage Firearms Act of 2011''. SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS. (a) Definitions.--In this section: (1) Amnesty period.--The term ``amnesty period'' means the 90-day period beginning on the date that is 90 days after the date of enactment of this Act. (2) Applicable veteran.--The term ``applicable veteran'' means, with respect to a firearm, the veteran referred to in paragraph (7)(A) with respect to the firearm. (3) Continental united states.--The term ``continental United States''-- (A) means the several States and the District of Columbia; and (B) does not include Alaska or Hawaii. (4) Family.-- (A) In general.--The term ``family'' means, with respect to a veteran-- (i) a grandparent of the veteran; (ii) the spouse of the veteran; (iii) a lineal descendant of a grandparent described in clause (i); and (iv) the spouse of a lineal descendant described in clause (iv). (B) Special rules.--For purposes of subparagraph (A)-- (i) a spouse of an individual who is legally separated from the individual under a decree of divorce or separate maintenance shall be deemed to be the spouse of the individual; and (ii) an individual shall be deemed to be a lineal descendant of a grandparent of a veteran if the individual is-- (I) the biological child of an individual who is the spouse of a lineal descendant of the grandparent; (II) adopted by a lineal descendant of the grandparent; or (III) a lineal descendant of an individual described in subclause (I) or (II). (5) Firearm.--The term ``firearm''-- (A) has the meaning given the term in section 5845 of the Internal Revenue Code of 1986; and (B) does not include-- (i) any device described in section 5845(f)(1) of the Internal Revenue Code of 1986; or (ii) any combination of parts-- (I) designed or intended for use in converting any device into a device described in clause (i); or (II) from which a device described in clause (i) may be readily assembled. (6) National firearms registration and transfer record.-- The term ``National Firearms Registration and Transfer Record'' means the National Firearms Registration and Transfer Record established under section 5841 of the Internal Revenue Code of 1986. (7) Qualifying firearm.-- (A) In general.--The term ``qualifying firearm'' means any firearm that was acquired-- (i) before October 31, 1968; and (ii) by a veteran, while the veteran was-- (I) a member of the Armed Forces; and (II) stationed outside the continental United States. (B) Presumption of validity.--In the absence of clear and convincing evidence to the contrary, the Attorney General shall accept as true and accurate any affidavit, document, or other evidence submitted by an individual to establish that a firearm meets the requirements of subparagraph (A). (8) Veteran.--The term ``veteran'' has the meaning given that term in section 101(2) of title 38, United States Code. (b) Registration.--Subject to such regulations as the Attorney General may prescribe, during the amnesty period an applicable veteran or a member of the family of the applicable veteran who owns and possesses a qualifying firearm may register the qualifying firearm in the National Firearms Registration and Transfer Record. (c) Hearings.--If the Attorney General determines that an individual may not register a firearm under subsection (b) during the amnesty period, the Attorney General, on the request of the individual, shall-- (1) provide the individual any evidence on which the decision by the Attorney General is based; and (2) promptly hold a hearing to review the determination. (d) Limited Immunity.-- (1) Criminal liability under title 18.--An individual who registers a qualifying firearm under subsection (b)-- (A) shall be treated, for purposes of subsections (a)(3) and (o) of section 922 of title 18, United States Code, as having lawfully acquired and possessed the qualifying firearm before the date of the enactment of chapter 44 of such title and of each provision of such chapter; and (B) shall not be liable for any violation of such chapter that-- (i) is based solely on the ownership, possession, transportation, importation, or alteration of the qualifying firearm by the individual; and (ii) occurred at or before the time at which the individual registered the qualifying firearm. (2) Criminal liability under internal revenue code.--Except as provided in paragraph (3), an individual who registers a qualifying firearm under subsection (b) shall not be liable for a violation of chapter 53 or 75 of the Internal Revenue Code of 1986 with respect to the qualifying firearm that occurred at or before the time at which the individual registered the qualifying firearm. (3) Transfer tax liability.--Paragraph (2) shall not affect the liability of any individual for any transfer tax imposed under section 5811 of the Internal Revenue Code of 1986. (4) Attempts to register.--In the case of an applicable veteran or a member of the family of the applicable veteran who attempts to register a qualifying firearm in the National Firearms Registration and Transfer Record at a time other than during the amnesty period, paragraphs (1), (2), and (3) shall apply with respect to the individual if the individual surrenders the qualifying firearm to a law enforcement agency not later than 30 days after notification by the Attorney General of potential criminal liability for continued possession of the qualifying firearm. (e) Forfeiture.--A qualifying firearm registered under subsection (b) shall not be subject to seizure or forfeiture under chapter 53 or 75 of the Internal Revenue Code of 1986 or chapter 44 of title 18, United States Code, for a violation of any such chapter with respect to the qualifying firearm that occurred at or before the time at which the individual registered the firearm. (f) Notice; Forms; Mailbox Rule.-- (1) Notice of amnesty period.--The Attorney General shall provide clear printed notices providing information regarding the amnesty period and registering a qualifying firearm during the period. To the extent feasible, the Attorney General shall ensure that the notices are posted in post offices, law enforcement buildings, buildings of the Department of Veterans Affairs, and businesses of licensed firearms dealers. (2) Forms.--The Attorney General shall make available any forms necessary for registering a firearm in the National Firearms Registration and Transfer Record. To the extent feasible, the Attorney General shall make such forms available in the locations referred to in paragraph (1) and through the website of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. (3) Mailbox rule.--For purposes of this section, the Attorney General shall treat any form that is postmarked during the amnesty period as being received during the amnesty period. SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS. (a) Transfer of Forfeited Curio or Relic Firearms to Museums.-- (1) Definitions.--In this subsection: (A) Curio or relic firearm.--The term ``curio or relic firearm'' means any firearm (as defined in section 2(a)(5)) that is treated as a curio or relic under chapter 44 of title 18, United States Code. (B) Qualified museum.--The term ``qualified museum'' means-- (i) any museum owned or operated by the Federal Government or a State or local government; and (ii) any museum that-- (I) is open to the public; (II) is incorporated as a nonprofit corporation under applicable State law; (III) may possess a firearm in the collection of the museum under the laws of the State in which the collection is displayed; (IV) holds a license under chapter 44 of title 18, United States Code, as a collector of curios or relics; and (V) certifies to the Attorney General that-- (aa) the museum is not engaged in the trade or business of buying or selling curio or relic firearms; (bb) with respect to the transfer of any curio or relic firearm under paragraph (2), the museum is not requesting the transfer of the curio or relic firearm for purpose of sale; and (cc) the museum shall, not later than 90 days after the museum ceases operations, file an application pursuant to chapter 53 of the Internal Revenue Code of 1986 to transfer any machinegun transferred to the museum under paragraph (2) to an entity or person who may lawfully possess the machinegun under section 922(o) of title 18, United States Code, or abandon the machinegun to Federal, State, or local law enforcement authorities. (2) Transfer.--The Attorney General shall transfer each curio or relic firearm that is forfeited to the United States to the first qualified museum that submits a request for the curio or relic firearm in such form and manner as the Attorney General may specify. (3) Destruction of forfeited curio or relic firearms prohibited.--The Attorney General shall not destroy any curio or relic firearm that is forfeited to the United States until the end of the 5-year period beginning on the date of the forfeiture. (4) Catalogue of curio or relic firearms.--With respect to each curio or relic firearm that is available to be transferred to a qualified museum under paragraph (2), the Attorney General shall, not later than 60 days after the date of the forfeiture of the curio or relic firearm, publish information which identifies the curio or relic firearm (including a picture) on the website of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The information shall be available to the public without cost and without restriction. (5) Registration of curio or relic firearms.--Any curio or relic firearm transferred under paragraph (2) to a qualified museum shall be registered to the transferee in the National Firearms Registration and Transfer Record. (b) Transfer of Machineguns to Museums.--Section 922(o)(2) of title 18, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: ``(B) a transfer to or by, or possession by, a museum that is open to the public and incorporated as a nonprofit corporation under applicable State law; or''.
Veterans' Heritage Firearms Act of 2011 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the Armed Forces stationed outside the continental United States. Grants such an individual limited immunity under the federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such qualifying firearm at or before the time at which the individual registered the qualifying firearm. Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession. Requires the Attorney General to: (1) transfer each curio or relic firearm that is forfeited to the United States to the first qualified museum that requests it, and (2) publish information identifying each such firearm which is available to be transferred to a museum. Requires that any firearm transferred to a qualified museum be registered to the transferee. Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a nonprofit corporation under applicable state law.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Workforce Restructuring Act of 1993''. SEC. 2. TRAINING. (a) In General.--Chapter 41 of title 5, United States Code, is amended-- (1) in section 4101(4) by striking ``fields'' and all that follows through the semicolon and inserting ``fields which will improve individual and organizational performance and assist in achieving the agency's mission and performance goals;''; (2) in section 4103-- (A) in subsection (a) by striking ``In'' and all that follows through ``proficiency'' and inserting ``In order to assist in achieving an agency's mission and performance goals by improving employee and organizational performance''; and (B) in subsection (b)-- (i) in paragraph (1) by striking ``determines'' and all that follows through the period and inserting ``determines that such training would be in the interests of the Government.''; (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (iii) in subparagraph (C) of paragraph (2) (as so redesignated) by striking ``retaining'' and all that follows through the period and inserting ``such training.''; (3) in section 4105-- (A) in subsection (a) by striking ``(a)''; and (B) by striking subsections (b) and (c); (4) by striking section 4106; (5) in section 4107-- (A) by amending the catchline to read as follows: ``Sec. 4107. Restriction on degree training''; (B) by striking subsections (a) and (b) and redesignating subsections (c) and (d) as subsections (a) and (b), respectively; (C) by amending subsection (a) (as so redesignated)-- (i) by striking ``subsection (d)'' and inserting ``subsection (b)''; and (ii) by striking ``by, in, or through a non-Government facility''; and (D) by amending paragraph (1) of subsection (b) (as so redesignated) by striking ``subsection (c)'' and inserting ``subsection (a)''; (6) in section 4108(a) by striking ``by, in, or through a non-Government facility under this chapter'' and inserting ``for more than a minimum period prescribed by the head of the agency''; (7) in section 4113(b) by striking the matter following the first sentence; (8) by striking section 4114; and (9) in section 4118-- (A) in subsection (a)(7) by striking ``by, in, and through non-Government facilities''; (B) by striking subsection (b); and (C) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (b) Chapter Analysis.--The analysis of chapter 41 of title 5, United States Code, is amended-- (1) by striking the items relating to sections 4106 and 4114; and (2) by amending the item relating to section 4107 to read as follows: ``4107. Restriction on degree training.''. (c) Effective Date.--The amendments made by this section shall become effective on the date of enactment of this Act. SEC. 3. VOLUNTARY SEPARATION INCENTIVES. (a) Definitions.--For the purpose of this section-- (1) the term ``agency'' means an Executive agency, as defined in section 105 of title 5, United States Code, but does not include the Department of Defense, the Central Intelligence Agency, or the General Accounting Office; and (2) the term ``employee'' means an employee, as defined in section 2105 of title 5, United States Code, of an agency, serving under an appointment without time limitation, who has been currently employed for a continuous period of at least 12 months, including an individual employed by a county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), but does not include-- (A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; or (B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A). (b) Establishment of Program.-- (1) In general.--In order to assist in the restructuring of the Federal workforce while minimizing involuntary separations, the head of an agency may pay, or authorize the payment of, a voluntary separation incentive to employees in any component of the agency, employees in any occupation or geographic location, or any combination thereof, who agree, during a continuous 90- day period designated by the agency head for the agency or a component thereof, beginning no earlier than the date of enactment of this Act and ending no later than September 30, 1994, to separate from service with the agency, whether by retirement or resignation. (2) Requirements relating to separation date.--In order to receive a voluntary separation incentive, an employee shall separate from service no later than the last day of the 90-day period designated by the agency head under paragraph (1), unless the agency head determines that, in order to ensure the performance of the agency's mission, the employee must agree to continue in service until a later date, but not later than 2 years after such last day of the 90-day period. (c) Amount and Treatment of Payments.--A voluntary separation incentive-- (1) shall be paid in a lump sum after the employee's separation; (2) shall be equal to the lesser of-- (A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under such section; or (B) $25,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; (4) shall not be taken into account in determining the amount of any severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (5) shall be paid from appropriations or funds available for the payment of the basic pay of the employee. (d) Effect of Subsequent Employment With the Government.-- (1) In general.--An employee who has received a voluntary separation incentive under this section and accepts employment with the Government of the United States within 2 years of the date of the separation on which payment of the incentive is based shall be required to repay the entire amount of the incentive to the agency that paid the incentive. (2) Waiver authority.--If the employment is with an Executive agency (as defined in section 105 of title 5, United States Code), the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the employment is in a position for which there is exceptional difficulty in recruiting a qualified employee. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the employment is in a position for which there is exceptional difficulty in recruiting a qualified employee. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the employment is in a position for which there is exceptional difficulty in recruiting a qualified employee. (e) Regulations.--The Director of the Office of Personnel Management may prescribe any regulations necessary for the administration of this Act. (f) Employees of the Judicial Branch.--The Director of the Administrative Office of the United States Courts may, by regulation, establish a program consistent with the program established by subsections (a) through (d) of this section for employees of the judicial branch. (g) Sense of Congress.--It is the sense of Congress that-- (1) employment in the executive branch should be reduced by not less than one full-time equivalent position for each 2 employees who are paid voluntary separation incentives under this Act; and (2) each agency should adjust its employment levels to achieve this result. SEC. 4. COORDINATION WITH OTHER PROVISIONS OF LAW. (a) Defense Agencies.--Section 5597 of title 5, United States Code, is amended by adding at the end the following: ``(g) An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of enactment of the Federal Workforce Restructuring Act of 1993, and accepts employment with the Government of the United States within 2 years of the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the defense agency that paid the separation pay. If the employment is with an Executive agency, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the employment is in a position for which there is exceptional difficulty in recruiting a qualified employee. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the employment is in a position for which there is exceptional difficulty in recruiting a qualified employee. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the employment is in a position for which there is exceptional difficulty in recruiting a qualified employee.''. (b) Central Intelligence Agency.--Section 2(b) of the Central Intelligence Agency Voluntary Separation Pay Act (Public Law 103-36; 107 Stat. 104) is amended by adding at the end the following: ``An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of enactment of the Federal Workforce Restructuring Act of 1993 and accepts employment with the Government of the United States within 2 years of the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the Central Intelligence Agency. If the employment is with an Executive agency (as defined in section 105 of title 5, United States Code), the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the employment is in a position for which there is exceptional difficulty in recruiting a qualified employee. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the employment is in a position for which there is exceptional difficulty in recruiting a qualified employee. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the employment is in a position for which there is exceptional difficulty in recruiting a qualified employee.''. SEC. 5. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND. (a) In General.--Section 8334 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(m) In addition to any other payments required by this subchapter, an agency shall remit to the Office for deposit in the Treasury of the United States to the credit of the Fund an amount equal to 9 percent of the final rate of basic pay of each employee of the agency who retires under section 8336(d).''. (b) Applicability.--The amendment made by this section shall apply with respect to retirements occurring on or after the date of enactment of this Act.
Federal Workforce Restructuring Act of 1993 - Amends Federal civil service law to eliminate various restrictions on employee training and authorize certain Federal agencies to establish temporary programs to offer a lump sum financial incentive (the lesser of $25,000 or the amount of an employee's severance pay) to selected groups of employees in order to encourage them to voluntarily separate from an agency, whether by retirement or resignation, in order to assist agency heads in restructuring their workforce. Provides for repayment of separation incentives if the employee rejoins the Federal Government within a certain period of time. Requires Federal agencies to pay a specified contribution to the Civil Service Retirement and Disability Fund based on the final rate of basic pay of each agency employee who retires early. Expresses the sense of the Congress that: (1) employment in the executive branch should be reduced by not less than one full-time equivalent position for each two employees who are paid voluntary separation incentives under this Act; and (2) each agency should adjust its employment levels to achieve such result.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``COLA Fairness Act of 1999''. SEC. 2. REGIONAL CONSUMER PRICE INDEX. (a) Recognition of Regions.--The Bureau of Labor Statistics of the Department of Labor shall establish and publish a mapping of the United States under which 14 regions are recognized comprising the United States. Each region shall include one of the cities listed in subsection (b). (b) Specified Cities.--The cities specified in this subsection are the following: (1) Atlanta, Georgia; (2) Boston, Massachusetts; (3) Chicago, Illinois; (4) Cleveland, Ohio; (5) Dallas, Texas; (6) Detroit, Michigan; (7) Philadelphia, Pennsylvania; (8) Houston, Texas; (9) Los Angeles, California; (10) Miami, Florida; (11) New York, New York; (12) San Francisco, California; (13) Seattle, Washington; and (14) Washington, District of Columbia. (c) Establishment of Regional Consumer Price Indices.--The Bureau shall establish and publish for each region recognized pursuant to subsection (a) a monthly index for the region, to be known as the ``Regional Consumer Price Index'' for the region, that indicates changes over time in expenditures for consumption which are typical for individuals residing in the region. (d) Effective Date.--The preceding provisions of this section shall apply with respect to calendar months beginning on or after January 1, 2001. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 3. COMPUTATION OF SOCIAL SECURITY COST-OF-LIVING INCREASES. (a) Amendments to Title II.-- (1) In general.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (A) in paragraph (1)(G), by inserting before the period the following: ``, and, with respect to an individual who, at the time he initially becomes eligible for old-age insurance benefits or disability insurance benefits (or dies before initially becoming so eligible), resides in a region of the United States recognized by the Bureau of Labor Statistics pursuant to section 2(a) of the COLA Fairness Act of 1999, the applicable Consumer Price Index shall be deemed to be the Regional Consumer Price Index for such region''; and (B) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 3(a) of the COLA Fairness Act of 1999,''. (2) Conforming amendments relating to applicable former law.--Section 215(i)(4) of such Act (42 U.S.C. 415(i)(4)) is amended by adding at the end the following new sentence: ``For purposes of computing adjustments under this subsection as so in effect, the applicable Consumer Price Index shall be deemed to be the Regional Consumer Price Index for the region in which such individual resides at the time he becomes eligible for old-age insurance benefits or disability insurance benefits (or dies before initially becoming so eligible).''. (b) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. SEC. 4. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY ACT. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended-- (1) in section 1814(i)(2)(B), by inserting ``(i) for accounting years ending before October 1 of the second calendar year following the calendar year in which the COLA Fairness Act of 1999 was enacted,'' after ``for a year is'', and by inserting after ``fifth month of the accounting year'' the following: ``, and (ii) for accounting years ending after October 1 of such calendar year, the cap amount determined under clause (i) for the last accounting year referred to in such clause, increased or decreased by the same percentage as the percentage increase or decrease, respectively, in the medical care expenditure category (or corresponding category) of the applicable consumer price index, published by the Bureau of Labor Statistics, from March of such calendar year to the fifth month of the accounting year''; (2) in section 1833(h)(2)(A)(i), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and insert ``applicable consumer price index''; (3) in section 1833(i)(2)(C), by striking ``consumer price index for all urban consumers (U.S. city average)'' and insert ``applicable consumer price index''; (4) in section 1834(a)(14)(D), by striking ``consumer price index for all urban consumers (United States city average)'' and insert ``applicable consumer price index''; (5) in section 1834(h)(4)(A)(vi), by striking ``consumer price index for all urban consumers (United States city average)'' and insert ``applicable consumer price index''; (6) in section 1834(l)(3)(A), by striking ``consumer price index for all urban consumers (U.S. city average)'' and insert ``applicable consumer price index''; (7) in section 1834(l)(3)(B), by striking ``consumer price index for all urban consumers (U.S. city average)'' and insert ``applicable consumer price index''; (8) in section 1842(s)(1), by striking ``consumer price index for all urban consumers (United States city average)'' and insert ``applicable consumer price index''; and (9) in section 1886(h)(5)(B), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and insert ``applicable consumer price index''. (b) Definition of Applicable Consumer Price Index.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Applicable Consumer Price Index ``(uu) The term `applicable consumer price index' means, in connection with any person affected by an adjustment to be made under this title based on such index, the Regional Consumer Price Index (as prescribed from time to time by the Bureau of Labor Statistics pursuant to section 2(c) of the COLA Fairness Act of 1999) for the region in which such person resides (in the case of an individual) or maintains principal offices (in any other case) at the time the adjustment takes effect. The Secretary of Health and Human Services shall prescribe by regulation, in connection with each requirement for an adjustment under this title based a Regional Consumer Price Index, the manner in which such adjustment is to be determined to affect particular persons for purposes of this subsection.''. (c) Effective Date.--The amendments made by this section shall apply with respect to determinations made for periods ending after December 31 of the second calendar year following the calendar year in which this Act was enacted.
COLA Fairness Act of 1999 - Requires the Bureau of Labor Statistics of the Department of Labor to establish monthly regional consumer price indices for computation of cost-of-living increases for social security and Medicare (title XVIII of the Social Security Act) benefits. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Public-Private Partnership Advisory Council to End Human Trafficking Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to a 2014 report by the International Labour Organization, an estimated 20,900,000 people are enslaved in human trafficking worldwide. (2) Slavery is estimated to be a $150,000,000,000 worldwide industry. (3) The Department of State defines ``trafficking in persons'' and ``human trafficking'' as umbrella terms for the act of recruiting, harboring, transporting, providing, or obtaining a person for compelled labor or commercial sex acts through the use of force, fraud, or coercion. (4) Nearly 2,000,000 of the enslaved people are children being forced into sex slavery. (5) Conservative estimates by the International Labour Office indicate that a child sex slave may be raped as many as 10 to 15 times per night. (6) Although many developed regions and countries in the world meet the standards of the Trafficking Victims Protection Act (referred to in this Act as ``TVPA''), there are many developing countries that-- (A) do not attempt to meet the minimum standards of the TVPA; or (B) lack the necessary resources or infrastructure to employ effective anti-trafficking measures. (7) Although slavery is not legal in any country of the world, it is taking place in every country and no country is immune to the consequences of modern slavery. SEC. 3. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the Public-Private Partnership Advisory Council to End Human Trafficking. (2) Group.--The term ``Group'' means the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)). (3) Task force.--The term ``Task Force'' means the President's Interagency Task Force to Monitor and Combat Trafficking established under section 105(a) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(a)). SEC. 4. PUBLIC-PRIVATE PARTNERSHIP ADVISORY COUNCIL TO END HUMAN TRAFFICKING. (a) Establishment.--There is established the Public-Private Partnership Advisory Council to End Human Trafficking, which shall provide advice and recommendations to the Group and the Task Force. (b) Membership.-- (1) Composition.--The Council shall be composed of not fewer than 8 and not more than 14 representatives of nongovernmental organizations and nonprofit groups who have significant knowledge and experience in anti-human trafficking or rehabilitation and aftercare of human trafficking victims and survivors. (2) Representation of nonprofit and nongovernmental organizations.--To the extent practicable, members of the Council shall be representatives of nonprofit groups and nongovernmental organizations who shall accurately reflect the diverse backgrounds of public-private partnerships for anti- trafficking, including-- (A) anti-trafficking efforts; and (B) rehabilitation and aftercare of human trafficking victims and survivors. (3) Appointment.--Not later than 180 days after the date of the enactment of this Act, the President shall appoint-- (A) 1 member of the Council, after consultation with the President pro tempore of the Senate; (B) 1 member of the Council, after consultation with the Minority Leader of the Senate; (C) 1 member of the Council, after consultation with the Speaker of the House of Representatives; (D) 1 member of the Council, after consultation with the Minority Leader of the House of Representatives; and (E) the remaining members of the Council. (4) Term; reappointment.--Each member of the Council-- (A) shall serve for a term of 2 years; and (B) may be reappointed by the President to serve 1 additional 2-year term. (5) Employee status.--Members of the Council-- (A) shall not be considered employees of the Federal Government for any purpose; and (B) shall not receive compensation. (c) Functions.--The Council shall-- (1) be a nongovernmental advisory body to the Group; (2) meet, at its own discretion or at the request of the Group, not less frequently than annually, to review Federal Government policy and programs intended to combat human trafficking, including programs relating to the provision of services for victims; (3) serve as a point of contact for Federal agencies reaching out to human trafficking nonprofit groups and nongovernmental organizations for input on programming and policies relating to human trafficking in the United States; (4) formulate assessments and recommendations to ensure that the policy and programming efforts of the Federal Government conform, to the extent practicable, to the best practices in the field of human trafficking prevention and rehabilitation and aftercare of human trafficking victims; and (5) meet with the Group not less frequently than annually, and not later than 45 days before a meeting with the Task Force, to formally present the findings and recommendations of the Council. (d) Nonapplicability of FACA.--The Council shall not be subject to the requirements under the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 5. REPORTS. Not later than 1 year after the date of the enactment of this Act and annually thereafter until the date described in section 6, the Council shall submit a report containing the findings derived from the reviews conducted pursuant to section 3(c)(2) to-- (1) the Committee on Appropriations of the Senate; (2) the Committee on Foreign Relations of the Senate; (3) the Committee on Homeland Security and Governmental Affairs of the Senate; (4) the Committee on the Judiciary of the Senate; (5) the Committee on Appropriations of the House of Representatives; (6) the Committee on Foreign Affairs of the House of Representatives; (7) the Committee on Homeland Security of the House of Representatives; (8) the Committee on the Judiciary of the House of Representatives; (9) the chair of the Task Force; and (10) the members of the Group. SEC. 6. SUNSET. The Council shall terminate on September 30, 2020.
Public-Private Partnership Advisory Council to End Human Trafficking Act This bill establishes the Public-Private Partnership Advisory Council to End Human Trafficking. The council must provide advice and recommendations to the Senior Policy Operating Group and the President's Interagency Task Force to Monitor and Combat Trafficking.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``FFSCC Charter Act of 2011''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds the following: (1) According to the Federal Deposit Insurance Corporation, more than 60 million low- and moderate-income consumers in America remain unbanked, underbanked, or underserved. (2) The proportion of United States households that are unbanked varies considerably across racial and ethnic groups with certain racial and ethnic groups being more likely to be unbanked than the population as a whole. Minorities more likely to be unbanked include Blacks (21.7 percent of Black households), Hispanics (19.3 percent), and American Indian/ Alaskans (15.6 percent). Racial groups less likely to be unbanked are Asians (3.5 percent) and Whites (3.3 percent). (3) Certain racial and ethnic minorities are more likely to be underbanked than the population as a whole. Minorities more likely to be underbanked include Blacks (an estimated 31.6 percent), American Indian/Alaskans (28.9 percent), and Hispanics (24.0 percent). Asians and Whites are less likely to be underbanked (7.2 percent and 14.9 percent, respectively). (4) Households with income under $30,000 account for at least 71 percent of unbanked households. As income increases, the share of households that are unbanked declines considerably. Nationally, nearly 20 percent of lower-income United States households--almost 7 million households earning below $30,000 per year--do not currently have a bank account. In contrast, only 4.2 percent of households with annual income between $30,000 and $50,000 and less than 1 percent of households with yearly income of $75,000 or higher are unbanked. (5) Lack of access to affordable banking products and services deters the economic advancement of low- and moderate- income consumers and stunts the economic growth of communities in which they live. (b) Purpose.--The purpose of this Act is to establish a vibrant, safe, and commercially viable market for underbanked and unbanked individuals to gain access to financial services and products. SEC. 3. FEDERAL FINANCIAL SERVICES AND CREDIT COMPANY. (a) In General.--The Comptroller of the Currency shall-- (1) under such regulations as the Comptroller of the Currency may prescribe, provide for the organization, incorporation, examination, operation, regulation, and chartering of companies to be known as Federal Financial Services and Credit Companies (hereinafter in this Act referred to as ``FFSCCs''); and (2) have the responsibility to ensure that credit alternatives are available to the underbanked. (b) Eligibility.--The Comptroller of the Currency may not issue an FFSCC charter to a company unless the company satisfies the following requirements, as reasonably determined by the Comptroller of the Currency: (1) The company has a demonstrated history of experience in providing underbanked persons with a financial product from within the following services: (A) Credit extended to consumers or, in an amount less than $10,000, to small businesses. (B) The issuing of reloadable stored value cards to consumers or small businesses. (C) Ancillary financial services extended to consumers or small businesses, including issuing money orders, sending and receiving wire transfers, check cashing services, bill payment services, and tax preparation services. (D) Such other short-term consumer credit services as the Comptroller of the Currency determines appropriate. (2)(A) No person who is a director, officer, partner, agent, sole proprietor, owner, or controlling person of the company-- (i) has been convicted of a felony within ten years of the charter application date; or (ii) is associated with any person who has been convicted of a felony within ten years of the charter application date. (B) For purposes of subparagraph (A)-- (i) the term ``controlling person'' means a person owning or controlling 10 percent or more of the total outstanding ownership of the company; and (ii) with respect to two people, the term ``associated with'' means one person-- (I) is a partner, officer, or director (or any person occupying a similar status or performing similar functions) of the other person; or (II) directly or indirectly controls, is controlled by, or is under common control with the other person. (3) The company submits a business plan or operating plan that adequately addresses the appropriate statutory and policy considerations. Such plan shall-- (A) reflect sound financial principles and demonstrate realistic assessments of risk in light of economic and competitive conditions in the market for serving underbanked and unbanked populations; (B) include information sufficient to permit the Comptroller of the Currency to evaluate the overall management ability of the company, especially the ability to provide financial services to the underbanked and unbanked population; and (C) demonstrate that the company is aware of, and understands, Federal and State consumer credit laws and sound consumer credit operations and practices in the context of serving the needs of the underbanked and unbanked populations. (4) The company has senior management officials who are familiar with applicable Federal and State consumer credit laws and regulations, and the credit needs of underbanked and unbanked consumers. (5) The company has competent management, with ability and experience relevant to the types of services to be provided, especially the ability and experience to design and provide financial services to the underbanked and unbanked consumer population. (c) Requirements Placed on FFSCCs.-- (1) Credit disclosures.-- (A) Short-term credit.--With respect to an extension of short-term credit by an FFSCC, the FFSCC shall provide the person to whom credit is being extended a clear and prominent statement in the loan agreement that states the true cost of the loan in terms of an actual finance charge per dollar of credit extended to such person instead of the annual percentage rate disclosure required under the Truth in Lending Act. (B) Long-term credit.--With respect to an extension of long-term credit by an FFSCC, the FFSCC shall provide the person to whom credit is being extended a disclosure of the finance charge to be paid by the person, expressed as an ``annual percentage rate'', using that term. (2) Account access.--Each FFSCC shall provide continuous account access to the customers of the FFSCC, either through a toll-free telephone number, the Internet, or both. (3) Financial literacy programs.--Each FFSCC shall implement a financial literacy program, which shall include-- (A) making financial literacy materials available to its customers; and (B) assisting customers in building and improving their credit scores. (4) Financial products offered.--Each FFSCC shall provide to underbanked persons at least three financial products from within the services listed under the subparagraphs of subsection (b)(1). (5) Additional requirements.--Each FFSCC shall comply with the following: (A) Have a primary mission of providing a comprehensive array of financial services to the underbanked, unbanked, and consumers with low credit scores. (B) Serve as a vehicle for providing access to credit products predominately to unbanked or underbanked consumers. (C) File articles of association, articles of incorporation, or other appropriate organizational documents with the Comptroller of the Currency. (D) Submit to the Comptroller of the Currency for approval a business plan which, among other things, provides in reasonable detail evidence of the knowledge, understanding, and experience of the institution and senior management of the unique challenges that unbanked and underbanked individuals face with respect to access to financial credit. (d) FFSCC Powers.--Subject to such regulations as the Comptroller of the Currency may issue, in addition to general corporate powers, an FFSCC shall have the authority to provide any financial products authorized by the Comptroller of the Currency under section 4(2). (e) Penalty.--Whoever knowingly violates any provision of this section, or any regulation issued pursuant to this section, shall be fined not more than $20,000 for each day such violation continues or imprisoned for not more than 3 years, or both. The Comptroller of the Currency may authorize any State attorney general to enforce violations of this Act, or regulations issued pursuant to this Act. (f) FFSCC Fee.--All FFSCCs shall pay an annual fee to the Comptroller of the Currency in an amount that the Comptroller of the Currency determines is sufficient, in the aggregate, to offset the cost to the Comptroller of the Currency of carrying out the provisions of this section. (g) Preemption of State Law.--A law of a State or political subdivision thereof shall be preempted if the application of such law would have a discriminatory effect on a company because such company is chartered as an FFSCC. (h) Model Forms.--The Comptroller of the Currency shall draft approved, model product and disclosure forms that may be utilized by FFSCCs with any approved credit products or services offered by an FFSCC. SEC. 4. RATES AND TERMS STUDY; DEVELOPMENT OF FINANCIAL PRODUCTS. The Comptroller of the Currency shall-- (1) conduct a study on rates and terms used in the extension of credit; and (2) develop a suite of financial products that FFSCCs may offer to underbanked persons, that will-- (A) contain transparent and full disclosure of all fees and terms related to such products; and (B) be economically viable for FFSCCs to offer to consumers. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Company defined.--For purposes of this subsection, the term ``company'' shall include-- (A) the entity applying for an FFSCC charter; (B) any wholly owned subsidiary of such entity applying for an FFSCC charter; and (C) any other entity that is part of an affiliated control group with such entity applying for an FFSCC charter. (2) Consumer.--The term ``consumer'' shall have the meaning given such term under section 103(h) of the Truth in Lending Act (15 U.S.C. 1602(h)). (3) Insured credit union.--The term ``insured credit union'' shall have the meaning given such term under section 101(7) of the Federal Credit Union Act. (4) Insured depository institution.--The term ``insured depository institution'' shall have the meaning given such term under section 3(c) of the Federal Deposit Insurance Act. (5) Long-term credit.--The term ``long-term credit'' means an extension of credit with an initial term of one year or more. (6) Short-term credit.--The term ``short-term credit'' means an extension of credit with an initial term of less than one year. (7) Small business.--The term ``small business'' means a company with no more than 500 employees. (8) Underbanked.--The term ``underbanked'' means a natural person or a small business that-- (A) has a deposit account with an insured depository institution or an insured credit union; and (B) has limited or no ability to access non- depository services from insured depository institutions or insured credit unions, as reasonably determined by the Comptroller of the Currency. (9) Underbanked person.--The term ``underbanked person'' means a natural person or a small business that is underbanked, unbanked, or has a low credit score. (10) Other terms.--The Comptroller of the Currency may issue regulations to define such other terms as the Comptroller of the Currency determines necessary to carry out this Act.
FFSCC Charter Act of 2011 - Directs the Comptroller of the Currency to: (1) provide for the establishment and chartering of Federal Financial Services and Credit Companies (FFSCCs); and (2) ensure that credit alternatives are available to the underbanked. Prescribes eligibility criteria for an FFSCC charter. Subjects FFSCCs to specified requirements, including: (1) credit disclosures; (2) account access; (3) financial literacy programs; (4) a comprehensive array of financial services to the underbanked, unbanked, and consumers with low credit scores; and (5) grant of access to credit products predominately to unbanked or underbanked consumers. Subjects FFSCCs to an annual fee to offset the cost of implementing this Act. Directs the Comptroller to: (1) draft approved, model product and disclosure forms that may be utilized by FFSCCs with any approved credit products or services; (2) study rates and terms used in the extension of credit; and (3) develop a suite of FSCC financial products for underbanked persons which contain transparent and full disclosure of all related fees and terms, and are economically viable for FFSCCs to offer.
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SECTION 1. PURCHASE OF SETTLEMENT COMMON STOCK OF COOK INLET REGION. (a) In General.--Section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)) is amended by adding at the end the following: ``(4) Cook Inlet Regional Corporation.--(A) In this paragraph: ``(i) The term `Cook Inlet Regional Corporation' means Cook Inlet Region, Incorporated. ``(ii) The term `nonresident distribution right' means the right of owners of nonvillage shares to share in distributions made to shareholders pursuant to subsections (j) and (m). ``(iii) The term `nonvillage shares' means shares of Settlement Common Stock owned by stockholders who are not residents of a Native village. ``(iv) The term `nonvoting security' means a security, for only the nonresident rights that attach to a share of Settlement Common Stock, that does not have attached voting rights. ``(B) Cook Inlet Regional Corporation may, by an amendment to its articles of incorporation made in accordance with the voting standards under section 36(d)(1), purchase Settlement Common Stock of Cook Inlet Regional Corporation and all rights associated with the stock from the shareholders of Cook Inlet Regional Corporation in accordance with any provisions included in the amendment that relate to the terms, procedures, number of offers to purchase, and timing of offers to purchase. ``(C) Subject to subparagraph (D), and notwithstanding paragraph (1)(B), the shareholders of Cook Inlet Regional Corporation may, in accordance with an amendment made pursuant to subparagraph (B), sell Settlement Common Stock of the Cook Inlet Regional Corporation to the Corporation. ``(D) No purchase or sale may be made pursuant to this paragraph without the prior approval of the board of directors of Cook Inlet Regional Corporation. Except as provided in subparagraph (E), each purchase and sale made under this paragraph shall be made pursuant to an offer made on the same terms to all holders of Settlement Common Stock of the Cook Inlet Regional Corporation. ``(E) To recognize the different rights that accrue to any class or series of nonvillage shares, an amendment made pursuant to subparagraph (B) shall authorize the board of directors (at the option of the board) to offer to purchase-- ``(i) nonvillage shares, including nonresident distribution rights, at a price that includes a premium, in addition to the amount that is offered for the purchase of other village shares of Settlement Common Stock of the Cook Inlet Regional Corporation, that reflects the value of the nonresident distribution rights; or ``(ii) nonvillage shares without the nonresident distribution rights associated with the shares. ``(F) Any shareholder who accepts an offer made by the board of directors pursuant to subparagraph (E)(ii) shall receive, with respect to each nonvillage share sold by the shareholder to the Cook Inlet Regional Corporation-- ``(i) the consideration for a share of Settlement Common Stock offered to shareholders of village shares; and ``(ii) a nonvoting security. ``(G) An amendment made pursuant to subparagraph (B) shall authorize the issuance of a nonvoting security that-- ``(i) shall, for purposes of subsections (j) and (m), be treated as a nonvillage share with respect to-- ``(I) computing distributions under those subsections; and ``(II) entitling the holder of the share to the proportional share of the distributions made under those subsections; ``(ii) may be sold to Cook Inlet Regional Corporation; and ``(iii) shall otherwise be subject to the restrictions under paragraph (1)(B). ``(H) A share of Settlement Common Stock purchased pursuant to this paragraph shall be canceled on the conditions that-- ``(i) a nonvillage share with the nonresident rights that attach to such a share that is purchased pursuant to this paragraph shall be considered to be-- ``(I) an outstanding share; and ``(II) for the purposes of subsection (m), a share of stock registered on the books of the Cook Inlet Regional Corporation in the name of a stockholder who is not a resident of a Native village; ``(ii) any amount of funds that would be distributable with respect to a nonvillage share or nonvoting security pursuant to subsection (j) or (m) shall be distributed by Cook Inlet Regional Corporation to the Corporation; and ``(iii) a village share that is purchased pursuant to this paragraph shall be considered to be-- ``(I) an outstanding share; and ``(II) for the purposes of subsection (k), shares of stock registered on the books of the Cook Inlet Regional Corporation in the name of a resident of a Native village. ``(I) Any offer to purchase Settlement Common Stock made pursuant to this paragraph shall exclude from the offer-- ``(i) any share of Settlement Common Stock held, at the time the offer is made, by an officer (including a member of the board of directors) of Cook Inlet Regional Corporation or a member of the immediate family of the officer; and ``(ii) any share of Settlement Common Stock held by any custodian, guardian, trustee, or attorney representing a shareholder of Cook Inlet Regional Corporation in fact or law, or any other similar person, entity, or representative. ``(J)(i) The board of directors of Cook Inlet Regional Corporation, in determining the terms of an offer to purchase made under this paragraph, including the amount of any premium paid with respect to a nonvillage share, may rely upon the good faith opinion of a recognized firm of investment bankers or valuation experts. ``(ii) Notwithstanding any other law, Cook Inlet Regional Corporation, a member of the board of directors of Cook Inlet Regional Corporation, and any firm or member of a firm of investment bankers or valuation experts who assists in a determination made under this subparagraph shall not be liable for damages resulting from terms made in an offer made in connection with any purchase of Settlement Common Stock if the offer was made-- ``(I) in good faith; ``(II) in reliance on a determination made pursuant to clause (i); and ``(III) otherwise in accordance with this paragraph. ``(K) The consideration given for the purchase of Settlement Common Stock made pursuant to an offer to purchase that provides for the consideration may be in the form of cash, securities, or a combination of cash and securities, as determined by the board of directors of Cook Inlet Regional Corporation, in a manner consistent with an amendment made pursuant to subparagraph (B). ``(L) Sale of Settlement Common Stock in accordance with this paragraph shall not diminish a shareholder's status as a Native or descendant of a Native for the purpose of qualifying for those programs, benefits and services or other rights or privileges set out for the benefit of Natives and Native Americans. Proceeds from the sale of Settlement Common Stock shall not be excluded in determining eligibility for any needs-based program that may be provided by a Federal, State, or local agency.''. (b) Conforming Amendment.--Section 8(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1607(c)) is amended by striking ``(h)'' and inserting ``(h) (other than paragraph (4))''.
Amends the Alaska Native Claims Settlement Act to authorize the Cook Inlet Regional Corporation (Cook Inlet Region, Incorporated) to purchase its shareholder-held common stock.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Pennsylvania National Forest Improvement Act of 2004''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Disposal of administrative sites, Allegheny National Forest, Pennsylvania. Sec. 3. Conveyance of Sheffield Ranger District Headquarters, Warren County, Pennsylvania. Sec. 4. Conveyance of Ridgeway Ranger District Headquarters, Elk County, Pennsylvania. Sec. 5. Conveyance of Marienville Ranger Residence, Forest County, Pennsylvania. Sec. 6. Disposition of funds. Sec. 7. Administration of land acquired by United States. Sec. 8. Relation to other conveyances authorities. SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, ALLEGHENY NATIONAL FOREST, PENNSYLVANIA. (a) Disposal Authority.--The Secretary of Agriculture may convey, by sale or exchange, any and all right, title, and interest of the United States in and to the following National Forest System lands and administrative sites in the Allegheny National Forest, in Pennsylvania: (1) US Tract 121, Sheffield ranger residence, consisting of 0.41 acres, as depicted on the map titled ``Allegheny Unit, Allen M. Gibson Tract 121, March 1942''. (2) US Tract 896, an undeveloped administrative site, consisting of 2.42 acres, as depicted on the map titled ``Allegheny Unit, Howard L. Harp Tract 896, 1947''. (3) US Tract 1047 (formerly Tracts 551, 551a,b,c), original Marienville Ranger District Headquarters, consisting of 4.90 acres, as depicted on the map titled ``Marienville Ranger Station Compound Tract 1047, August 1998''. (4) US Tract 844, Marienville ranger residence, as depicted on the map titled ``Allegheny Unit, Peter B. DeSmet Tract 844, 1936'', except that portion of the tract identified as Lot 2, on the Survey Plat prepared by D. M. Heller and dated December 12, 1999, which is subject to conveyance under section 5. (b) Property Descriptions.--The maps referred to in subsection (a) are the primary descriptions of the lands to which the maps refer. In the event of a conflict between a map description and the metes and bounds description of the lands, the map shall be deemed to be the definitive description of the lands unless the map cannot be located. The maps shall be on file and available for public inspection in the Office of the Chief of the Forest Service until the lands are disposed of pursuant to this section. (c) Consideration.-- (1) Authorized consideration.--As consideration for a conveyance of land under subsection (a), the recipient of the land, with the consent of the Secretary, may convey to the Secretary other land, existing improvements, or improvements constructed to the specifications of the Secretary. (2) Cash equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land and administrative site exchanged under subsection (a). (d) Applicable Law.--Except as otherwise provided in this section, any conveyance of land under subsection (a) shall be subject to the laws and regulations applicable to the conveyance and acquisition of land for the National Forest System. (e) Solicitation of Offers.-- (1) Conveyance priority.--In the selection of the recipient of land under this section, the Secretary may give a preference to public entities that agree to use the land for public purposes. (2) Terms and conditions.--The Secretary may solicit offers for the conveyance of land under this section on such terms and conditions as the Secretary may prescribe. (3) Rejection of offers.--The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (f) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. (g) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with any conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. SEC. 3. CONVEYANCE OF SHEFFIELD RANGER DISTRICT HEADQUARTERS, WARREN COUNTY, PENNSYLVANIA. (a) Conveyance Authorized.--The Secretary of Agriculture may convey to the Warren County Development Association of Warren County, Pennsylvania, all right, title, and interest of the United States in and to US Tract 770, Sheffield Ranger District Headquarters, consisting of 5.50 acres, as depicted on the map titled ``Allegheny Unit, Elk Tanning Company Tract 770, 1934''. (b) Consideration.--As consideration for the conveyance under subsection (a), the Warren County Development Association shall make to the Secretary a lump sum payment of $100,000. (c) Property Description.--The map referred to in subsection (a) is the primary description of the lands to which the map refers. In the event of a conflict between the map description and the metes and bounds description of the lands, the map shall be deemed to be the definitive description of the lands unless the map cannot be located. The map shall be on file and available for public inspection in the Office of the Chief of the Forest Service until the lands are disposed of pursuant to this section. (d) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. SEC. 4. CONVEYANCE OF RIDGEWAY RANGER DISTRICT HEADQUARTERS, ELK COUNTY, PENNSYLVANIA. (a) Conveyance Authorized.--The Secretary of Agriculture may convey to Ridgeway Township, Pennsylvania, all right, title, and interest of the United States in and to US Tract 904, consisting of 8.812 acres, and US Tract 905, consisting of 0.869 acres, Ridgeway Ranger District Headquarters, as depicted on the maps titled ``Allegheny Unit, Harry R. Eliza E. Larson Tract 904, 1959'' and ``Allegheny Unit, Leo S. Laura A. Guth Tract 905, July 1948''. (b) Consideration.--As consideration for the conveyance under subsection (a), Ridgeway Township shall pay to the Secretary an amount equal to the fair market value of the conveyed lands, as determined by an appraisal acceptable to the Secretary and Ridgeway Township. (c) Property Description.--The maps referred to in subsection (a) is the primary description of the lands to which the maps refer. In the event of a conflict between a map description and the metes and bounds description of the lands, the map shall be deemed to be the definitive description of the lands unless the map cannot be located. The maps shall be on file and available for public inspection in the Office of the Chief of the Forest Service until the lands are disposed of pursuant to this section. (d) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. SEC. 5. CONVEYANCE OF MARIENVILLE RANGER RESIDENCE, FOREST COUNTY, PENNSYLVANIA. (a) Conveyance Authorized.--The Secretary of Agriculture may convey, without consideration, to the Marienville Volunteer Fire Department of Forest County, Pennsylvania, all right, title, and interest of the United States in and to that portion of US Tract 844, Marienville ranger residence, as depicted on the map titled ``Allegheny Unit, Peter B. DeSmet Tract 844, 1936'', which is identified as Lot 2 on the Survey Plat prepared by D. M. Heller and dated December 12, 1999. (b) Property Description.--The map referred to in subsection (a) is the primary description of the lands to which the map refers. In the event of a conflict between the map description and the metes and bounds description of the lands, the map shall be deemed to be the definitive description of the lands unless the map cannot be located. The map shall be on file and available for public inspection in the Office of the Chief of the Forest Service until the lands are disposed of pursuant to this section. (c) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. SEC. 6. DISPOSITION OF FUNDS. (a) Deposit in Sisk Act Fund.--The Secretary of Agriculture shall deposit in the fund established under Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act)-- (1) the proceeds of a sale or exchange under section 2; and (2) the consideration received pursuant to sections 3(b) and 4(b). (b) Use of Proceeds.--Subject to subsection (c), funds deposited under subsection (a) shall be available to the Secretary, without further appropriation, for-- (1) the acquisition, construction, or improvement of administrative facilities and sites for the Allegheny National Forest; or (2) the acquisition of land and interests in land in the Allegheny National Forest. (c) Condition on Land Acquisition.--The acquisition of lands in the Allegheny National Forest using funds deposited under subsection (a) is subject to the condition that the market value of the acquired lands may not exceed 125 percent of the market value of the lands disposed of under this Act. SEC. 7. ADMINISTRATION OF LAND ACQUIRED BY UNITED STATES. Lands acquired by the Secretary of Agriculture under section 6(b) or by exchange under section 2 shall be managed by the Secretary in accordance with the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) and other laws and regulations pertaining to National Forest System lands. For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Allegheny National Forest, as adjusted on account of the disposal and acquisition of lands under this Act, shall be considered to be the boundaries of that national forest as of January 1, 1965. SEC. 8. RELATION TO OTHER CONVEYANCES AUTHORITIES. Except as expressly provided in this Act, nothing in this Act affects any other authority of the Secretary of Agriculture to sell, exchange, or acquire land. Lands authorized for disposal under this Act shall not be subject to subchapters II and III of chapter 5 of title 40, United States Code. Passed the House of Representatives October 5, 2004. Attest: JEFF TRANDAHL, Clerk.
Pennsylvania National Forest Improvement Act of 2004 - (Sec. 2) Authorizes the Secretary of Agriculture to sell or exchange certain National Forest System lands and administrative sites in the Allegheny National Forest, Pennsylvania, and to accept a cash equalization payment in excess of 25 percent of the value of the land exchanged. (Sec. 3) Authorizes the Secretary to convey to the Warren County, Pennsylvania Development Association, U.S. Tract 770, Sheffield Ranger District Headquarters for a lump sum payment of $100,000. (Sec. 4) Authorizes the Secretary to convey to Ridgeway Township, Pennsylvania, U.S. Tract 904, Ridgeway Ranger District Headquarters, as depicted on specified Allegheny Unit maps. (Sec. 5) Authorizes the Secretary to convey, without consideration, to the Marienville Volunteer Fire Department of Forest County, Pennsylvania, U.S. Tract 844, Marienville Ranger Residence. (Sec. 6) Requires the Secretary to deposit in a Sisk Fund amounts received from the sale or exchange of land under this Act and to use such funds for administrative facilities and sites for the Allegheny National Forest or the acquisition of land in the Allegheny National Forest.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Kids Outdoors Act of 2015''. SEC. 2. FINDINGS. Congress finds as follows: (1) Children today are spending less time outdoors than any generation in human history, as evidenced by studies that show children enjoy half as much time outdoors today as they did just 20 years ago, while spending more than 7\1/2\ hours every day in front of electronic media. (2) The health of our children is at risk as evidenced by the growing obesity crisis where, in the past 30 years, childhood obesity has more than doubled in children and quadrupled in adolescents, costing the economy of the United States billions of dollars each year. (3) Our military readiness is declining as nearly 1 in 4 applicants to the military is rejected for being overweight or obese, which is the most common reason for medical disqualification. (4) Research has shown that military children and families are facing increased stress and mental strain and challenges due to multiple, extended deployments. Military family service organizations have developed programs that connect military children and families with positive, meaningful outdoor experiences that benefit mental and physical health, but they lack sufficient resources to meet increasing demand. (5) In addition to the negative economic impact of childhood obesity, the outdoor retail industry, many local tourist destinations or ``gateway communities'', and State fish and wildlife agencies rely on revenue generated when individuals spend time outdoors to create jobs in local communities. (6) Over the past several years, urbanization, changing land use patterns, increasing road traffic, and inadequate solutions to addressing these challenges in the built environment have combined to make it more difficult for many Americans to walk or bike to schools, parks, and play areas or experience the natural environment in general. (7) Spending time in green spaces outside the home, including public lands, parks, play areas, and gardens, can increase concentration, inhibition of initial impulses, and self-discipline, and has been shown to reduce stress and mental fatigue. In one study, children who were exposed to greener environments in a public housing area demonstrated less aggression, violence, and stress. (8) Visitation to our Nation's public lands has declined or remained flat in recent years, and yet, connecting with nature and the great outdoors in our communities is critical to fostering the next generation of outdoor enthusiasts who will visit, appreciate, and become stewards of our Nation's public lands. (9) Spending time outdoors in nature is beneficial to our children's physical, mental, and emotional health and has been proven to decrease symptoms of attention deficit and hyperactivity disorder, stimulate brain development, improve motor skills, result in better sleep, reduce stress, increase creativity, improve mood, and reduce children's risk of developing myopia. (10) Children who spend time playing outside are more likely to take risks, seek out adventure, develop self- confidence, and respect the value of nature. A direct childhood experience with nature before the age of 11 promotes a long- term connection to nature. (11) Conservation education and outdoor recreation experiences such as camping, hiking, boating, hunting, fishing, archery, recreational shooting, wildlife watching, and others are critical to engaging young people in the outdoors. (12) As children become more disconnected from the natural world, the hunting and angling conservation legacy of America is at risk. (13) Hunters and anglers play a critical role in reconnecting young people with nature, protecting our natural resources, and fostering a lifelong understanding of the value of conserving the natural world. (14) Research demonstrates that hunters who become engaged in hunting as children are among the most active and interested hunters as adults. The vast majority of hunters report they were introduced to hunting between the ages of 10 and 12, and the overwhelming majority of children are introduced to hunting by an adult. (15) Parks and recreation, youth-serving, service-learning, conservation, health, education, and built-environment organizations, facilities, and personnel provide critical resources and infrastructure for connecting children and families with nature. (16) It takes many dedicated men and women to work to preserve, protect, enhance, and restore America's natural resources, and with an aging workforce in the natural resource professions, it is critical for the next generation to have an appreciation for nature and be ready to take over these responsibilities. (17) Place-based service-learning opportunities use our lands and waters as the context for learning by engaging students in the process of exploration, action, and reflection. Physical activity outdoors connected with meaningful community service to solve real-world problems, such as removing invasive plants or removing trash from a streambed, strengthens communities by engaging youth as citizen stewards. (18) States nationwide and their community based partners have some notable programs that connect children and families with nature; however, most States lack sufficient resources and a comprehensive strategy to effectively engage State agencies across multiple fields. (19) States need to engage in cross-sector agency and nonprofit collaboration that involves public health and wellness, parks and recreation, transportation and city planning, and other sectors focused on connecting children and families with the outdoors to increase coordination and effective implementation of the policy tools and programs that a State can bring to bear to provide outdoor opportunities for children and families. SEC. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State; or (B) a consortium from one State that may include such State and municipalities, entities of local or tribal governments, parks and recreation departments or districts, school districts, institutions of higher education, or nonprofit organizations. (2) Local partners.--The term ``local partners'' means a municipality, entity of local or tribal government, parks and recreation departments or districts, Indian tribe, school district, institution of higher education, nonprofit organization, or a consortium of local partners. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any Indian tribe. SEC. 4. COOPERATIVE AGREEMENTS FOR DEVELOPMENT OR IMPLEMENTATION OF HEALTHY KIDS OUTDOORS STATE STRATEGIES. (a) In General.--The Secretary is authorized to issue one cooperative agreement per State to eligible entities to develop, implement, and update a 5-year State strategy, to be known as a ``Healthy Kids Outdoors State Strategy'', designed to encourage Americans, especially children, youth, and families, to be physically active outdoors. (b) Submission and Approval of Strategies.-- (1) Applications.--An application for a cooperative agreement under subsection (a) shall-- (A) be submitted not later than 120 days after the Secretary publishes guidelines under subsection (f)(1); and (B) include a Healthy Kids Outdoors State Strategy meeting the requirements of subsection (c) or a proposal for development and submission of such a strategy. (2) Approval of strategy; peer review.--Not later than 90 days after submission of a Healthy Kids Outdoors State Strategy, the Secretary shall, through a peer review process, approve or recommend changes to the strategy. (3) Strategy update.--An eligible entity receiving funds under this section shall update its Healthy Kids Outdoors State Strategy at least once every 5 years. Continued funding under this section shall be contingent upon submission of such updated strategies and reports that document impact evaluation methods consistent with the guidelines in subsection (f)(1) and lessons learned from implementing the strategy. (c) Comprehensive Strategy Requirements.--The Healthy Kids Outdoors State Strategy under subsection (a) shall include-- (1) a description of how the eligible entity will encourage Americans, especially children, youth, and families, to be physically active in the outdoors through State, local, and tribal-- (A) public health systems; (B) public parks and recreation systems; (C) public transportation and city planning systems; and (D) other public systems that connect Americans, especially children, youth, and families, to the outdoors; (2) a description of how the eligible entity will partner with nongovernmental organizations, especially those that serve children, youth, and families, including those serving military families and tribal agencies; (3) a description of how State agencies will collaborate with each other to implement the strategy; (4) a description of how funding will be spent through local planning and implementation subgrants under subsection (d); (5) a description of how the eligible entity will evaluate the effectiveness of, and measure the impact of, the strategy, including an estimate of the costs associated with such evaluation; (6) a description of how the eligible entity will provide opportunities for public involvement in developing and implementing the strategy; (7) a description of how the strategy will increase visitation to Federal public lands within the State; and (8) a description of how the eligible entity will leverage private funds to expand opportunities and further implement the strategy. (d) Local Planning and Implementation.-- (1) In general.--A Healthy Kids Outdoors State Strategy shall provide for subgrants by the cooperative agreement recipient under subsection (a) to local partners to implement the strategy through one or more of the program activities described in paragraph (2). (2) Program activities.--Program activities may include-- (A) implementing outdoor recreation and youth mentoring programs that provide opportunities to experience the outdoors, be physically active, and teach skills for lifelong participation in outdoor activities, including fishing, hunting, recreational shooting, archery, hiking, camping, outdoor play in natural environments, and wildlife watching; (B) implementing programs that connect communities with safe parks, green spaces, and outdoor recreation areas through affordable public transportation and trail systems that encourage walking, biking, and increased physical activity outdoors; (C) implementing school-based programs that use outdoor learning environments, such as wildlife habitats or gardens, and programs that use service learning to restore natural areas and maintain recreational assets; and (D) implementing education programs for parents and caregivers about the health benefits of active time outdoors to fight obesity and increase the quality of life for Americans, especially children, youth, and families. (e) Priority.--In making cooperative agreements under subsection (a) and subgrants under subsection (d)(1), the Secretary and the recipient under subsection (a), respectively, shall give preference to entities that serve individuals who have limited opportunities to experience nature, including those who are socioeconomically disadvantaged or have a disability or suffer disproportionately from physical and mental health stressors. (f) Guidelines.--Not later than 180 days after the date of the enactment of this Act, and after notice and opportunity for public comment, the Secretary shall publish in the Federal Register guidelines on the implementation of this Act, including guidelines for-- (1) developing and submitting strategies and evaluation methods under subsection (b); and (2) technical assistance and dissemination of best practices under section 7. (g) Reporting.--Not later than 2 years after the Secretary approves the Healthy Kids Outdoors State Strategy of an eligible entity receiving funds under this section, and every year thereafter, the eligible entity shall submit to the Secretary a report on the implementation of the strategy based on the entity's evaluation and assessment of meeting the goals specified in the strategy. (h) Allocation of Funds.--An eligible entity receiving funding under subsection (a) for a fiscal year-- (1) may use not more than 5 percent of the funding for administrative expenses; and (2) shall use at least 95 percent of the funding for subgrants to local partners under subsection (d). (i) Match.--An eligible entity receiving funding under subsection (a) for a fiscal year shall provide a 25-percent match through in-kind contributions or cash. SEC. 5. NATIONAL STRATEGY FOR ENCOURAGING AMERICANS TO BE ACTIVE OUTDOORS. (a) In General.--Not later than September 30, 2016, the President, in cooperation with appropriate Federal departments and agencies, shall develop and issue a national strategy for encouraging Americans, especially children, youth, and families, to be physically active outdoors. Such a strategy shall include-- (1) identification of barriers to Americans, especially children, youth, and families, spending healthy time outdoors and specific policy solutions to address those barriers; (2) identification of opportunities for partnerships with Federal, State, tribal, and local partners; (3) coordination of efforts among Federal departments and agencies to address the impacts of Americans, especially children, youth, and families, spending less active time outdoors on-- (A) public health, including childhood obesity, attention deficit disorders and stress; (B) the future of conservation in the United States; and (C) the economy; (4) identification of ongoing research needs to document the health, conservation, economic, and other outcomes of implementing the national strategy and State strategies; (5) coordination and alignment with Healthy Kids Outdoors State Strategies; and (6) an action plan for implementing the strategy at the Federal level. (b) Strategy Development.-- (1) Public participation.--Throughout the process of developing the national strategy under subsection (a), the President may use, incorporate, or otherwise consider existing Federal plans and strategies that, in whole or in part, contribute to connecting Americans, especially children, youth, and families, with the outdoors and shall provide for public participation, including a national summit of participants with demonstrated expertise in encouraging individuals to be physically active outdoors in nature. (2) Updating the national strategy.--The President shall update the national strategy not less than 5 years after the date the first national strategy is issued under subsection (a), and every 5 years thereafter. In updating the strategy, the President shall incorporate results of the evaluation under section 6. SEC. 6. NATIONAL EVALUATION OF HEALTH IMPACTS. The Secretary, in coordination with the Secretary of Health and Human Services, shall-- (1) develop recommendations for appropriate evaluation measures and criteria for a study of national significance on the health impacts of the strategies under this Act; and (2) carry out such a study. SEC. 7. TECHNICAL ASSISTANCE AND BEST PRACTICES. The Secretary shall-- (1) provide technical assistance to grantees under section 4 through cooperative agreements with national organizations with a proven track record of encouraging Americans, especially children, youth, and families, to be physically active outdoors; and (2) disseminate best practices that emerge from strategies funded under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary to carry out this Act-- (1) $1,000,000 for fiscal year 2016; (2) $2,000,000 for fiscal year 2017; and (3) $3,000,000 for fiscal year 2018. (b) Limitation.--Of the amounts made available to carry out this Act for a fiscal year, not more than 5 percent may be made available for carrying out section 7. (c) Supplement, Not Supplant.--Funds made available under this Act shall be used to supplement, and not supplant, any other Federal, State, or local funds available for activities that encourage Americans, especially children, youth, and families to be physically active outdoors.
Healthy Kids Outdoors Act of 2015 Authorizes the Department of the Interior to issue one cooperative agreement per state to eligible entities to implement and update a five-year Healthy Kids Outdoors State Strategy for encouraging Americans, especially children, youth, and families, to be physically active outdoors. Requires eligible entities to provide a 25% match of the funding that they receive under this Act through in-kind contributions or cash. Directs the President to issue a national strategy for encouraging Americans to be physically active outdoors. Directs Interior and the Department of Health and Human Services to carry out a study of national significance on the health impacts of the strategies under this Act. Requires Interior to provide technical assistance to grantees and to disseminate best practices that emerge from the state strategies funded by this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Coal Heritage Area Act of 1994''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the rise of American industry in the late 19th and early 20th century led to tremendous growth in the Appalachian coal fields, creating an area of national historic significance in terms of its contributions to American industry, architecture, culture, and diversity; (2) within the Appalachian coal belt, the area surrounding and including Pocahontas, Virginia, has a particularly rich history because the Pocahontas mine produced some of the Nation's purest and most sought-after coal and now serves as an invaluable historical and educational resource; (3) to accommodate the growing population in the area, the coal mining companies built the town of Pocahontas, one of the oldest and most important company towns in America's coal region; (4) the town of Pocahontas is blessed with a rich architectural heritage that testifies to American cultural ability; (5) this heritage is unique and must be preserved; (6) the influx of labor needed to support the Pocahontas mine created a unique cultural convergence, bringing together Americans from northern mining areas, African-Americans from the South, recent immigrants from Southern and Southeastern Europe, and native Appalachians into a diverse yet integrated community that represents the distinctive American heritage; (7) it is in the national interest to preserve and protect physical remnants of the late 19th and early 20th century rise of American industry for the education and benefit of present and future generations; and (8) there is a need to provide assistance for the preservation and promotion of the vestiges of the coal heritage of Appalachia that have outstanding cultural, historic, and architectural value. SEC. 3. STATEMENT OF PURPOSE. It is the purpose of this Act to provide a management framework to assist the Commonwealth of Virginia, its units of local and regional government, and its citizens in the development and implementation of integrated cultural, historical, and recreational land resource management programs in order to retain, enhance, and interpret the significant features of the lands, water, and structures of the Appalachian Coal Heritage Area in the Commonwealth of Virginia. SEC. 4. ESTABLISHMENT OF APPALACHIAN COAL HERITAGE AREA. There is hereby established in the Commonwealth of Virginia the Appalachian Coal Heritage Area (hereinafter in this Act referred to as the ``Area''). The Area shall consist of the area generally depicted on the map entitled ``Appalachian Coal Heritage Area Master Plan'', numbered ____________, and dated ____________, which shall be on file and available for public inspection in the Office of the Director of the National Park Service. SEC. 5. MANAGEMENT PLAN. (a) Preparation of Plan.--The town of Pocahontas may submit a management plan (hereinafter in this Act referred to as the ``Plan'') for the Area to the Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary'') for the review and concurrence of the Secretary. The Plan shall be based on existing Federal, State, and local plans, and shall coordinate such plans and present an integrated plan for the protection, enhancement, and interpretation of the cultural, natural, scenic, and recreational resources of the Area. The Plan shall specify a management entity with respect to the Appalachian Coal Heritage Area. The Secretary is authorized to provide technical assistance in the preparation of the Plan. (b) Implementation.--If a Plan referred to in subsection (a) is submitted to the Secretary within 1 year after the date of the enactment of this Act, and the Secretary concurs with the Plan, the Secretary is authorized to enter into a cooperative agreement with the management entity specified in the Plan to provide technical assistance for the protection, enhancement, and interpretation of the resources identified in the Plan. SEC. 6. CONTINGENCY IF HERITAGE COMPACT NOT SUBMITTED. (a) In General.--The establishment of the Area under section 4 and the authorization of the Secretary under section 5(b) shall cease to be effective if, within 180 days after the date of the enactment of this Act, a Heritage Compact for the Area is not-- (1) submitted to the Secretary; (2) approved by the Secretary, after consultation with the Advisory Council on Historic Preservation in accordance with section 106 of the National Historic Preservation Act; and (3) submitted to the Congress, together with any comments that the Secretary deems appropriate. (b) Technical Assistance.--The Secretary may provide technical assistance to a unit of government or private nonprofit organization in the preparation of a Heritage Compact. (c) Definition of Heritage Compact.--For purposes of this section, the term ``Heritage Compact'' means a compact that-- (1) is prepared with public participation; (2) contains information relating to the objectives and management of the Area, including-- (A) a delineation of the boundaries of the Area; (B) a discussion of the goals and objectives of the Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the partners; (C) an identification and description of the management entity that will administer the Area; (D) a list of the initial partners to be involved in developing and implementing the management plan for the Area, as well as a statement of the financial commitment of such partners; and (E) a description of the role of the Commonwealth of Virginia regarding the Area; (3) outlines an implementation program that is likely to be initiated within a reasonable time after the date of the enactment of this Act and that ensures effective implementation of the State and local aspects of the Plan; and (4) is accompanied by the comments of the Governor of the Commonwealth of Virginia. SEC. 7. DUTIES OF FEDERAL ENTITIES. Any Federal entity conducting or supporting activities directly affecting the Area shall-- (1) consult with the Secretary and the town of Pocahontas with respect to the activities; (2) cooperate with the Secretary and the town of Pocahontas with respect to the activities and, to the maximum extent practicable, coordinate the activities with the Secretary and the town of Pocahontas; and (3) to the maximum extent practicable, conduct or support the activities in a manner that will not have an adverse effect on the Area, as determined by the Secretary and the town of Pocahontas.
Appalachian Coal Heritage Area Act of 1994 - Establishes the Appalachian Coal Heritage Area in Virginia. Requires the town of Pocahontas to submit an integrated management plan to the Secretary of the Interior for review and concurrence for the protection, enhancement, and interpretation of the cultural, natural, scenic, and recreational resources of the Area. Requires the Plan to specify a management entity for the Area. Authorizes the Secretary to enter into a cooperative agreement with the entity to provide technical assistance for such protection, enhancement, and interpretation of the resources identified in the Plan. Ceases the establishment of the Area and the authorization of the Secretary under this Act if, within 180 days after the enactment of this Act, a Heritage Compact for the Area is not: (1) submitted to, and approved by, the Secretary; and (2) submitted to the Congress.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Small Business Enhancement Act of 2008''. SEC. 2. DEFINITIONS. In this Act, the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively. SEC. 3. RURAL AREAS. Section 34(e)(2) of the Small Business Act (15 U.S.C. 6657d(e)(2)) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) Rural areas.-- ``(i) In general.--Except as provided in clause (ii), the non-Federal share of the cost of the activity carried out using an award or under a cooperative agreement under this section shall be 50 cents for each Federal dollar that will be directly allocated by a recipient described in paragraph (A) to serve small business concerns located in a rural area. ``(ii) SBIR awards.--For a recipient located in a rural area that is located in a States as described in subparagraph (A)(i), the non-Federal share of the cost of the activity carried out using an award or under a cooperative agreement under this section shall be 35 cents for each Federal dollar that will be directly allocated by a recipient described in paragraph (A) to serve small business concerns located in the rural area. ``(iii) Definition of rural area.--In this subparagraph, the term `rural area' has the meaning given that term in section 1393(a)(2)) of the Internal Revenue Code of 1986.''. SEC. 4. RURAL OUTREACH PROGRAM. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by inserting after subsection (r) the following: ``(s) Outreach.-- ``(1) Definition of eligible state.--In this subsection, the term `eligible State' means a State-- ``(A) if the total value of contracts awarded to the State during fiscal year 2004 under this section was less than $10,000,000; and ``(B) that certifies to the Administration described in paragraph (2) that the State will, upon receipt of assistance under this subsection, provide matching funds from non-Federal sources in an amount that is not less than 50 percent of the amount provided under this subsection. ``(2) Program authority.--Of amounts made available to carry out this section for each of the fiscal years 2009 through 2020, the Administrator may expend with eligible States not more than $2,000,000 in each such fiscal year in order to increase the participation of small business concerns located in those States in the programs under this section. ``(3) Amount of assistance.--The amount of assistance provided to an eligible State under this subsection in any fiscal year-- ``(A) shall be equal to twice the total amount of matching funds from non-Federal sources provided by the State; and ``(B) shall not exceed $100,000. ``(4) Use of assistance.--Assistance provided to an eligible State under this subsection shall be used by the State, in consultation with State and local departments and agencies, for programs and activities to increase the participation of small business concerns located in the State in the programs under this section, including-- ``(A) the establishment of quantifiable performance goals, including goals relating to-- ``(i) the number of program awards under this section made to small business concerns in the State; and ``(ii) the total amount of Federal research and development contracts awarded to small business concerns in the State; ``(B) the provision of competition outreach support to small business concerns in the State that are involved in research and development; and ``(C) the development and dissemination of educational and promotional information relating to the programs under this section to small business concerns in the State.''. SEC. 5. RURAL SMALL BUSINESS TECHNOLOGY PILOT PROGRAM. (a) Definitions.--In this section-- (1) the term ``qualified small business concern'' means a small business concern located in a rural area; (2) the term ``rural area'' has the meaning given that term in section 1393(a)(2) of the Internal Revenue Code of 1986; and (3) the term ``small business concern'' has the same meaning as under section 3 of the Small Business Act (15 U.S.C. 632). (b) Report.--Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination with the Administrator of General Services, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report describing-- (1) the number of Government-owned computers in the possession of the Administration, including the number of working computers, nonworking computers, desktop computers, and laptop computers; (2) the number of Government-owned computers disposed of by the Administration during the 5-year period ending on the date of enactment of this Act, including the number of such computers that were working computers, nonworking computers, desktop computers, or laptop computers; (3) the procedures of the Administration for the disposal of Government-owned computers; and (4) the plans of the Administrator for carrying out the pilot program under subsection (c). (c) Pilot Program.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to provide not more than 1,000 excess Government- owned computers each year to qualified small business concerns at no cost or a reduced cost. (2) Purposes of program.--The pilot program established under paragraph (1) shall be designed to-- (A) encourage entrepreneurship in rural areas; (B) assist small business concerns in accessing technology; and (C) accelerate the growth of qualified small business concerns. (3) Termination.--The authority to conduct the pilot program under this subsection shall terminate 3 years after the date of enactment of this Act. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section. SEC. 6. OFFICE OF TECHNOLOGY. (a) In General.--The Administrator shall hire not less than 5 additional full-time equivalent employees for the Office of Technology of the Administration. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section. SEC. 7. RURAL LENDING OUTREACH PROGRAM. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) by striking paragraph (25)(C); (2) by redesignating paragraph (32) relating to increased veteran participation, as added by section 208 of the Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 (Public Law 110-186; 122 Stat. 631), as paragraph (33); and (3) by adding at the end the following: ``(34) Rural lending outreach program.-- ``(A) In general.--The Administrator shall carry out a rural lending outreach program to provide not more than an 85 percent guaranty for loans of not more than $250,000. The program shall be carried out only through lenders located in rural areas (as the term `rural' is defined in section 501(f) of the Small Business Investment Act of 1958 (15 U.S.C. 695(f))). ``(B) Loan terms.--For a loan made through the program under this paragraph-- ``(i) the Administrator shall approve or disapprove the loan within 36 hours of the time the Administrator receives the application; ``(ii) the program shall use abbreviated application and documentation requirements; and ``(iii) minimum credit standards, as the Administrator considers necessary to limit the rate of default on loans made under the program, shall apply.''.
Rural Small Business Enhancement Act of 2008 - Amends the Small Business Act to reduce state matching funds requirements for participation in the Federal and State Technology Partnership (FAST) and Small Business Innovation Research (SBIR) programs of the Small Business Administration (SBA). Revises the SBA's Rural Outreach program (a program to increase states' participation in the SBIR and Small Business Technology Transfer [STTR] programs) to: (1) make eligible for program awards states whose total value of SBIR and STTR contracts awarded during FY2004 was less than $10 million and will match federal funding on a 50% basis; (2) reauthorize the program for FY2009-FY2020; and (3) require award funds to be used to increase state participation in the SBIR and STTR programs. Requires a report from the SBA Administrator to the congressional small business committees on the number of government-owned computers in possession of, and recently disposed by, the SBA. Directs the Administrator to establish a pilot program to annually provide up to 1,000 excess government-owned computers to small businesses at no cost or a reduced cost. Requires the Administrator to hire at least five additional full-time employees for the SBA's Office of Technology. Directs the Administrator to carry out a rural lending outreach program to provide up to an 85% guaranty of loans of not more than $250,000.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Health Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Approximately \1/2\ of all childhood deaths each year in developing nations, or 4,900,000 childhood deaths, are caused by pneumonia, diarrheal diseases, malaria, or measles. Every day approximately 13,500 children in developing nations die from such conditions. (2) Despite progress in making family planning services available, more than 150,000,000 married women in developing nations still want to space or limit child bearing, but do not have access to modern contraceptives. (3) According to the World Health Organization, approximately 500,000 women die each year from complications of pregnancy and childbirth, and more than 50,000,000 women suffer from acute pregnancy-related health conditions that can be permanently disabling. (4) According to the World Health Organization, 13,000,000 people die annually from infectious diseases, most of which are preventable or curable, and 6 diseases account for 90 percent of these deaths: pneumonia, diarrheal diseases, measles, tuberculosis, malaria, and HIV/AIDS. (5) HIV/AIDS has become the world's leading infectious disease threat, with 36,100,000 people infected worldwide, and more than 15,000 new infections daily, of which more than 6,000 cases occur in people between the ages of 15 and 24. SEC. 3. ASSISTANCE TO IMPROVE GLOBAL HEALTH. (a) Emphasis on Disease Surveillance and Prevention and Response to Disease Outbreaks.--Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is amended by adding at the end the following: ``(8) Congress recognizes the growing threat that infectious diseases and other global health problems pose to Americans and people everywhere. Accordingly, activities supported under this subsection shall include activities to improve the capacity of developing nations to conduct disease surveillance and prevention programs and to respond promptly and effectively to disease outbreaks.''. (b) Increase in USAID Assistance for FY 2002 and Subsequent Fiscal Years.-- (1) Authorization of appropriations.--To carry out the purposes of section 104 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b) for fiscal year 2002 and for each subsequent fiscal year, there are authorized to be appropriated, in addition to funds otherwise available for such purposes, the following amounts for the following purposes: (A) The amount equal to the aggregate of amounts made available for the immediately preceding fiscal year to carry out that section with respect to the health and survival of children, the health and nutrition of pregnant women and mothers, voluntary family planning, combating HIV/AIDS, and the prevention and control of infectious diseases other than HIV/AIDS, to be used for such purposes. (B) $1,000,000,000, to be available in accordance with paragraph (2). (2) Allocation of funds.--Of the amount authorized to be appropriated in paragraph (1)(B)-- (A) $275,000,000 should be available for combating HIV/AIDS; (B) $225,000,000 should be available for the health and survival of children; (C) $200,000,000 should be available for the prevention and control of infectious diseases other than HIV/AIDS; (D) $200,000,000 should be available for voluntary family planning; and (E) $100,000,000 should be available for the health and nutrition of pregnant women and mothers. (3) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. (c) Coordination Among Federal Departments and Agencies.--It is the sense of Congress that the President, acting through the Administrator of the United States Agency for International Development, should coordinate with the Centers for Disease Control and Prevention, the National Institutes of Health, the Department of State, the Department of Health and Human Services, the Department of Defense, and other appropriate Federal departments and agencies to ensure that United States funds made available to carry out section 104 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b) are utilized effectively. SEC. 4. DEFINITION. In this Act, the term ``HIV/AIDS'' means infection with the human immunodeficiency virus. Such term includes the acquired immune deficiency syndrome.
Global Health Act of 2001 - Amends the Foreign Assistance Act of 1961 to mandate that activities supported in connection with health programs include activities to improve the capacity of developing nations to conduct disease surveillance and prevention programs, and to respond promptly and effectively to disease outbreaks. Authorizes additional appropriations for FY 2002 and for each subsequent fiscal year for specified allocations, including the health and nutrition of children and pregnant women and mothers, voluntary family planning, and the prevention and control of HIV/AIDS and other infectious diseases.Expresses the sense of Congress that the President, acting through the Administrator of the United States Agency for International Development, should coordinate with specified Federal departments and agencies to ensure that U.S. funds available for population planning and health programs in developing nations are used effectively.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Computer Owners' Bill of Rights''. SEC. 2. COMPTROLLER GENERAL STUDY OF TECHNICAL SUPPORT FOR COMPUTER OWNERS. (a) In General.--The Comptroller General of the United States shall carry out a study of the technical support (also known as customer service) provided computer owners by the computer industry. (b) Owner Survey.--In carrying out the study under subsection (a), the Comptroller General shall utilize the results of a survey of computer owners conducted by the Comptroller General for purposes of the study. (c) Elements of Study.--The study under subsection (a) shall-- (1) identify the types and ranges of technical support provided computer owners by the computer industry, including the types and ranges of support provided by various segments of the computer industry and the types and ranges of support provided at various times in the life of a computer (such as upon purchase and as part of on-going maintenance); (2) determine whether the technical support provided computer owners by the computer industry is adequate to address the needs of computer owners for such support, including whether or not computer owners receive the support promised by various segments of the computer industry; and (3) identify an appropriate role, if any, for the Federal Government in the regulation of the provision of technical support to computer owners by the computer industry in order to ensure the protection of computer owners in the receipt of such support. (d) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study under subsection (a). The report shall-- (1) set forth the findings and conclusions of the Comptroller General as a result of the study; and (2) include the recommendations of the Comptroller General on the appropriate role, if any, for the Federal Government in the regulation of the provision of technical support to computer owners by the computer industry as identified under subsection (c)(3). SEC. 3. INDUSTRY-WIDE STANDARDS FOR TECHNICAL SUPPORT FOR COMPUTER OWNERS. (a) Standards.--Not later than 90 days after the date of the enactment of this Act, the Federal Trade Commission shall establish standards for the provision of technical support (also known as customer service) for computers and computer-related products by the entities referred to in subsection (c). (b) Technical Support.--For purposes of the standards required by subsection (a), technical support shall include the following: (1) Telephone support. (2) On-line support through the Internet. (3) Support manuals and related documents. (4) On-site support, including in-store support. (5) Such other support as the Commission considers appropriate for coverage under the standards. (c) Covered Entities.--The entities covered by the standards required by subsection (a) in the provision of technical support shall include the following: (1) Manufacturers of computer hardware (including peripherals). (2) Manufacturers of computer software. (3) Consultants and other entities that provide technical support. (4) Computer resellers, if such resellers provide technical support. (5) Such other entities as the Commission considers appropriate for coverage under the standards. (d) Additional Requirements.-- (1) Consultation.--In establishing the standards required by subsection (a), the Commission shall consult with entities to be covered by the standards and with such consumer organizations as the Commission considers appropriate. (2) Separate standards based on imposition of fees.--In establishing the standards, the Commission shall establish separate standards for technical support provided without charge and for technical support provided for a fee or on another remunerative basis. SEC. 4. COMPLIANCE WITH STANDARDS FOR TECHNICAL SUPPORT FOR COMPUTER OWNERS. (a) Guidelines on Collection and Submission of Data on Compliance.--Not later than 90 days after the date of the enactment of this Act, the Federal Trade Commission shall issue guidelines to encourage each entity covered by the standards for the provision of technical support for computers and computer-related products established under section 3 to collect and submit to the Commission the information specified in subsection (c). (b) Consultation.--The Commission shall consult with appropriate consumer organizations in issuing the guidelines under subsection (a). (c) Information.--The information on technical support that is to be collected and submitted by an entity pursuant to the guidelines under subsection (a) shall include such information as the Commission considers appropriate to provide owners and operators of computers and computer-related products for which such technical support is provided with the nature and quality of such technical support, including customer satisfaction with such technical support. (d) Presentation of Information.-- (1) In general.--The guidelines under subsection (a) shall specify the manner of the presentation of information submitted pursuant to the guidelines under subsection (a), including the aggregation, disaggregation, or averaging of information, and any other manner of presentation of information that the Commission considers appropriate. (2) Separate information on each basis of support.--The guidelines shall provide that separate information be collected and submitted under subsection (c) on each basis of technical support provided by each entity submitting information pursuant to the guidelines. (e) Frequency of Submittal.--The guidelines under subsection (a) shall provide for the submittal of information pursuant to the guidelines on a quarterly basis. (f) Publication.--The Commission shall make available to the public, in a form considered appropriate by the Commission, the information submitted to the Commission pursuant to the guidelines under subsection (a). The Commission shall make such information public in both printed and Internet form. SEC. 5. PROTECTION FROM UNSOLICITED MARKETING E-MAIL. (a) In General.--The Federal Trade Commission shall establish a registry in which any person or entity that does not seek to receive unsolicited marketing e-mail (commonly referred to as ``spam'') to a computer may register the e-mail address or addresses of such computer for that purpose. (b) Registration.--The Commission shall permit the registration, including registration by e-mail, of any computer on the registry established under subsection (a). (c) Availability of Registry to Public.--The Commission shall make available to the public the information on the registry established under subsection (a). (d) Prohibition on Unsolicited Marketing E-Mail to Registered Computers.--Except as otherwise authorized by the Commission in regulations prescribed under this section, no person or entity may send or otherwise submit to any computer whose e-mail address is registered on the registry established under subsection (a) unsolicited marketing e-mail. (e) Civil Penalty.--The Commission may impose a civil penalty not to exceed $10,000 for each violation of subsection (d). For purposes of this subsection, each day of violation shall constitute a separate offense. (f) Enforcement Powers.-- (1) In general.--The Commission shall enforce subsection (d) utilizing the powers and authorities available to the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (2) Reporting of violations.--For purposes of the enforcement of the subsection (d), the Commission shall establish mechanisms to permit the reporting of violations of such sections to the Commission, including appropriate links on the Internet web site of the Commission and the use of a toll- free telephone number (commonly referred to as an ``800 number'') for such purposes.
Computer Owners' Bill of Rights - Directs the Comptroller General of the United States to carry out a study of the technical support provided computer owners by the computer industry.Requires the Federal Trade Commission (FTC) to: (1) establish standards for the provision of technical support for computers and computer-related products by computer hardware and software manufacturers, as well as consultants and resellers that provide technical support (entities); (2) issue guidelines to encourage each such entity to collect and submit to the FTC information on the nature and quality of such technical support; and (3) establish a public registry in which any person or entity that does not seek to receive unsolicited marketing e-mail to a computer may register the e-mail address(es) of such computer for that purpose. Prohibits unsolicited marketing e-mail to registered computers.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Responsible Online Voter Empowerment Registration Act of 2010''. (b) Findings.--Congress finds as follows: (1) Most States continue to rely upon paper forms for voter registration. (2) Paper voter registration forms are subject to delays in postal delivery or in submission to election officials for processing, and may be subject to errors when data is entered into registration systems. (3) Online voter registration systems can solve the problems identified with paper forms, and with proper security measures can do so without increasing fraud. (4) Online voter registration can increase the accuracy of registration records and reduce costs by eliminating the need for data entry of paper forms. (5) States that offer online voter registration have experienced rapid and widespread adoption by individuals registering to vote. (6) To ensure that online voter registrations are secure it is vital to validate them against an existing database with suitable information for voter registration. (7) Voter registration records must include the voter's signature in order to validate absentee ballots and signatures on petitions, initiatives, and referenda. SEC. 2. PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN ESTABLISHING ONLINE VOTER REGISTRATION PROGRAMS. (a) Payments for Costs of Establishing Program.-- (1) In general.--The Election Assistance Commission shall make a payment to each eligible State to reimburse the State for the costs incurred in establishing, if the State so chooses to establish, an online voter registration program which meets the requirements of subsection (b) (including costs incurred prior to the date of the enactment of this Act). (2) Limit on number of payments received.--A State may not receive more than one payment under this Act. (b) Requirements for Online Voter Registration Program.-- (1) Requirements.--An online voter registration program established by a State meets the requirements of this subsection if each of the following are met: (A) The program is operated through the official public website of the chief State election official, or through the official public websites of such other officials of the State or of units of local government in the State as the chief State election official may designate. (B) If an applicant for voter registration uses the program, the entire process by which the applicant obtains, completes, and submits the voter registration application form for elections for Federal office in the State shall be carried out online. (C) An applicant for voter registration may use the program only if the applicant-- (i) has a current and valid motor vehicle operator's license issued by the State, or another current and valid identification issued by the State, which includes the applicant's signature; (ii) agrees that such license or identification, and the signature contained on the license or identification, may be used by the appropriate election officials in the State for voter registration purposes; and (iii) includes in the information submitted in the application the number of the license or identification which will be used as described in subparagraph (B). (D) In processing an application submitted under the program, the election official obtains a digital copy of the signature which is contained on the license or identification for which the applicant provided the number pursuant to subparagraph (C) from the State office which issued the license or identification to the applicant. (E) An applicant for voter registration who uses the program is subject to the same requirements regarding eligibility and attestations (including attestations of age and citizenship), and subject to the same penalties for providing false information, as an applicant for voter registration in the State who does not use the program. (F) The chief State election official establishes measures sufficient to ensure the accuracy, integrity, and security of the information provided by an applicant using the program, including security measures to prevent registration attempts when such attempts can be identified as originating with an automated source or being multiple or repeated attempts from the same individual. (2) Treatment as registration by mail for purposes of meeting certain identification requirements.--For purposes of section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), an individual who registers to vote using an online voter registration program which meets the requirements of this subsection shall be considered to have registered to vote by mail. SEC. 3. CERTIFICATION OF COMPLIANCE AND COSTS. (a) Certification Required.-- (1) In general.--In order to receive a payment under this Act, the State shall submit to the Commission, at such time and in such form as the Commission may require, a statement containing the following information and assurances: (A) A certification that the State has established an online voter registration program which meets the requirements of section 2(b). (B) A statement of the reasonable costs incurred by the State and by units of local government in the State in establishing the program, together with documentation of such costs. (2) Deadline.--A State may not receive a payment under this Act if the State does not submit the statement required under paragraph (1) prior to December 31, 2012. (b) Amount of Payment.-- (1) In general.--The amount of the payment made to an eligible State under this section shall be equal to the reasonable costs incurred by the State and by units of local government in the State in establishing the online voter registration program, as set forth in the statement submitted by the State under subsection (a)(1)(B), except that the total amount of the payment may not exceed $1,000,000. (2) Exclusion of amounts already reimbursed.--The amount determined with respect to a State under paragraph (1) shall be reduced to the extent that the State has already been reimbursed by a requirements payment under part 1 of subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) for the costs incurred in establishing the online voter registration program. SEC. 4. DEFINITIONS. In this Act-- (1) the term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for coordination of the State's responsibilities under such Act; (2) the term ``Commission'' means the Election Assistance Commission; and (3) the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act. (b) Corresponding Reduction in Unobligated Requirements Payments.-- The aggregate amount of the requirements payments under part 1 of subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) which were appropriated prior to a fiscal year which remain unobligated as of the beginning of that fiscal year shall be reduced by the amount appropriated pursuant to the authorization under this section for that fiscal year. (c) Continuing Availability of Funds.--Any amounts appropriated pursuant to the authorization under this section shall remain available until expended.
Responsible Online Voter Empowerment Act of 2010 - Directs the Election Assistance Commission to reimburse each eligible state for the costs incurred in establishing, if it so chooses, an online voter registration program meeting specified requirements.
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SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Investment Competitiveness Act of 1993''. (b) Amendment of 1986 Code.--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. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED INVESTMENT COMPANIES. (a) General Rule.-- (1) Nonresident alien individuals.--Section 871 (relating to tax on nonresident alien individuals) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Exemption for Certain Dividends of Regulated Investment Companies.-- ``(1) Interest-related dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any interest- related dividend received from a regulated investment company. ``(B) Exceptions.--Subparagraph (A) shall not apply-- ``(i) to any interest-related dividend received from a regulated investment company by a person to the extent such dividend is attributable to interest (other than interest described in subparagraph (E) (i) or (iii)) received by such company on indebtedness issued by such person or by any corporation or partnership with respect to which such person is a 10-percent shareholder, ``(ii) to any interest-related dividend with respect to stock of a regulated investment company unless the person who would otherwise be required to deduct and withhold tax from such dividend under chapter 3 receives a statement (which meets requirements similar to the requirements of subsection (h)(4)) that the beneficial owner of such stock is not a United States person, and ``(iii) to any interest-related dividend paid to any person within a foreign country (or any interest-related dividend payment addressed to, or for the account of, persons within such foreign country) during any period described in subsection (h)(5) with respect to such country. Clause (iii) shall not apply to any dividend with respect to any stock which was acquired on or before the date of the publication of the Secretary's determination under subsection (h)(5). ``(C) Interest-related dividend.--For purposes of this paragraph, an interest-related dividend is any dividend (or part thereof) which is designated by the regulated investment company as an interest-related dividend in a written notice mailed to its shareholders not later than 60 days after the close of its taxable year. If the aggregate amount so designated with respect to a taxable year of the company (including amounts so designated with respect to dividends paid after the close of the taxable year described in section 855) is greater than the qualified net interest income of the company for such taxable year, the portion of each distribution which shall be an interest-related dividend shall be only that portion of the amounts so designated which such qualified net interest income bears to the aggregate amount so designated. ``(D) Qualified net interest income.--For purposes of subparagraph (C), the term `qualified net interest income' means the qualified interest income of the regulated investment company reduced by the deductions properly allocable to such income. ``(E) Qualified interest income.--For purposes of subparagraph (D), the term `qualified interest income' means the sum of the following amounts derived by the regulated investment company from sources within the United States: ``(i) Any amount includible in gross income as original issue discount (within the meaning of section 1273) on an obligation payable 183 days or less from the date of original issue (without regard to the period held by the company). ``(ii) Any interest includable in gross income (including amounts recognized as ordinary income in respect of original issue discount or market discount or acquisition discount under part V of subchapter P and such other amounts as regulations may provide) on an obligation which is in registered form; except that this clause shall not apply to any interest on an obligation issued by a corporation or partnership if the regulated investment company is a 10-percent shareholder in such corporation or partnership. ``(iii) Any interest referred to in subsection (i)(2)(A) (without regard to the trade or business of the regulated investment company). ``(F) 10-percent shareholder.--For purposes of this paragraph, the term `10-percent shareholder' has the meaning given to such term by subsection (h)(3). ``(2) Short-term capital gain dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any short-term capital gain dividend received from a regulated investment company. ``(B) Exception for aliens taxable under subsection (a)(2).--Subparagraph (A) shall not apply in the case of any nonresident alien individual subject to tax under subsection (a)(2). ``(C) Short-term capital gain dividend.--For purposes of this paragraph, a short-term capital gain dividend is any dividend (or part thereof) which is designated by the regulated investment company as a short-term capital gain dividend in a written notice mailed to its shareholders not later than 60 days after the close of its taxable year. If the aggregate amount so designated with respect to a taxable year of the company (including amounts so designated with respect to dividends paid after the close of the taxable year described in section 855) is greater than the qualified short-term gain of the company for such taxable year, the portion of each distribution which shall be a short-term capital gain dividend shall be only that portion of the amounts so designated which such qualified short-term gain bears to the aggregate amount so designated. ``(D) Qualified short-term gain.--For purposes of subparagraph (C), the term `qualified short-term gain' means the excess of the net short-term capital gain of the regulated investment company for the taxable year over the net long-term capital loss (if any) of such company for such taxable year. For purposes of this paragraph, the excess of the net short-term capital gain for a taxable year over the net long-term capital loss for a taxable year (to which an election under section 4982(e)(4) does not apply) shall be determined without regard to any net capital loss or net short- term capital loss attributable to transactions after October 31 of such year, and any such net capital loss or net short-term capital loss shall be treated as arising on the 1st day of the next taxable year. To the extent provided in regulations, the preceding sentence shall apply also for purposes of computing the taxable income of the regulated investment company.''. (2) Foreign corporations.--Section 881 is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Tax Not To Apply to Certain Dividends of Regulated Investment Companies.-- ``(1) Interest-related dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1) of subsection (a) on any interest-related dividend (as defined in section 871(k)(1)) received from a regulated investment company. ``(B) Exception.--Subparagraph (A) shall not apply-- ``(i) to any dividend referred to in section 871(k)(1)(B), and ``(ii) to any interest-related dividend received by a controlled foreign corporation (within the meaning of section 957(a)) to the extent such dividend is attributable to interest received by the regulated investment company from a person who is a related person (within the meaning of section 864(d)(4)) with respect to such controlled foreign corporation. ``(C) Treatment of dividends received by controlled foreign corporations.--The rules of subsection (c)(4)(A) shall apply to any interest-related dividend received by a controlled foreign corporation (within the meaning of section 957(a)) to the extent such dividend is attributable to interest received by the regulated investment company which is described in clause (ii) of section 871(k)(1)(E) (and not described in clause (i) or (iii) of such section). ``(2) Short-term capital gain dividends.--No tax shall be imposed under paragraph (1) of subsection (a) on any short-term capital gain dividend (as defined in section 871(k)(2)) received from a regulated investment company.''. (3) Withholding taxes.-- (A) Subsection (c) of section 1441 is amended by adding at the end thereof the following new paragraph: ``(12) Certain dividends received from regulated investment companies.-- ``(A) In general.--No tax shall be required to be deducted and withheld under subsection (a) from any amount exempt from the tax imposed by section 871(a)(1)(A) by reason of section 871(k). ``(B) Special rule.--For purposes of subparagraph (A), clause (i) of section 871(k)(1)(B) shall not apply to any dividend unless the regulated investment company knows that such dividend is a dividend referred to in such clause. A similar rule shall apply with respect to the exception contained in section 871(k)(2)(B).''. (B) Subsection (a) of section 1442 is amended-- (i) by striking ``and the references in section 1441(c)(10)'' and inserting ``the reference in section 1441(c)(10)'', and (ii) by inserting before the period at the end thereof the following: ``, and the references in section 1441(c)(12) to sections 871(a) and 871(k) shall be treated as referring to sections 881(a) and 881(e) (except that for purposes of applying subparagraph (A) of section 1441(c)(12), as so modified, clause (ii) of section 881(e)(1)(B) shall not apply to any dividend unless the regulated investment company knows that such dividend is a dividend referred to in such clause)''. (b) Estate Tax Treatment of Interest in Certain Regulated Investment Companies.--Section 2105 (relating to property without the United States for estate tax purposes) is amended by adding at the end thereof the following new subsection: ``(d) Stock in a RIC.-- ``(1) In general.--For purposes of this subchapter, stock in a regulated investment company (as defined in section 851) owned by a nonresident not a citizen of the United States shall not be deemed property within the United States in the proportion that, at the end of the quarter of such investment company's taxable year immediately preceding a decedent's date of death (or at such other time as the Secretary may designate in regulations), the assets of the investment company that were qualifying assets with respect to the decedent bore to the total assets of the investment company. ``(2) Qualifying assets.--For purposes of this subsection, qualifying assets with respect to a decedent are assets that, if owned directly by the decedent, would have been-- ``(A) amounts, deposits, or debt obligations described in subsection (b) of this section, ``(B) debt obligations described in the last sentence of section 2104(c), or ``(C) other property not within the United States.''. (c) Treatment of Regulated Investment Companies Under Section 897.-- (1) Paragraph (1) of section 897(h) is amended by striking ``REIT'' each place it appears and inserting ``qualified investment entity''. (2) Paragraphs (2) and (3) of section 897(h) are amended to read as follows: ``(2) Sale of stock in domestically controlled entity not taxed.--The term `United States real property interest' does not include any interest in a domestically controlled qualified investment entity. ``(3) Distributions by domestically controlled qualified investment entities.--In the case of a domestically controlled qualified investment entity, rules similar to the rules of subsection (d) shall apply to the foreign ownership percentage of any gain.''. (3) Subparagraphs (A) and (B) of section 897(h)(4) are amended to read as follows: ``(A) Qualified investment entity.--The term `qualified investment entity' means any real estate investment trust and any regulated investment company. ``(B) Domestically controlled.--The term `domestically controlled qualified investment entity' means any qualified investment entity in which at all times during the testing period less than 50 percent in value of the stock was held directly or indirectly by foreign persons.''. (4) Subparagraphs (C) and (D) of section 897(h)(4) are each amended by striking ``REIT'' and inserting ``qualified investment entity''. (5) The subsection heading for subsection (h) of section 897 is amended by striking ``REITS'' and inserting ``Certain Investment Entities''. (d) Effective Date.--The amendments made by this section shall apply to dividends with respect to taxable years of regulated investment companies beginning after the date of the enactment of this Act.
Investment Competitiveness Act of 1993 - Amends the Internal Revenue Code to exempt interest-related dividends received from a regulated investment company from the 30 percent tax on the income of nonresident aliens and foreign corporations not connected with U.S. business. Provides exceptions. Provides for determining taxable estate stock of nonresident non-citizens in regulated investment companies. Applies the special rules for real estate investment trusts on the disposition of investment in U.S. real property to regulated investment companies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Work for Warriors Act of 2014''. SEC. 2. DIRECT EMPLOYMENT PILOT PROGRAM FOR MEMBERS OF THE NATIONAL GUARD AND RESERVE. (a) Establishment.--Chapter 1601 of title 10, United States Code, is amended to read as follows: ``CHAPTER 1601--TRAINING GENERALLY ``Sec. ``16101. Work for Warriors Program. ``Sec. 16101. Work for Warriors Program ``(a) Program Authority.--The Chief of the National Guard Bureau shall carry out a pilot program (to be known as the `Work for Warriors Program') to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to members of the reserve components of the armed forces. ``(b) Administration.--The Work for Warriors Program shall be offered to, and administered by, the adjutants general appointed under section 314 of title 32. ``(c) Cost-Sharing Requirement.--As a condition on the provision of funds under this section to a State to support the operation of a Work for Warriors Program in the State, the State must agree to contribute an amount, derived from non-Federal sources, equal to at least 30 percent of the funds provided by the Chief of the National Guard Bureau. ``(d) Direct Employment Program Model.--The Work for Warriors Program should follow a job placement program model that focuses on working one-on-one with a member of a reserve component to cost- effectively provide job placement services, including services such as identifying unemployed and underemployed members, job matching services, resume editing, interview preparation, and post-employment follow up. Development of the Work for Warriors Program should be informed by State direct employment programs for members of the reserve components of the armed forces, such as the programs conducted in California and South Carolina. ``(e) Assistance From Other Federal Agencies.--The Secretary of Labor may provide technical assistance to the Chief of the National Guard Bureau and State adjutants general in the development and implementation of the Work for Warriors Program. ``(f) Evaluation.--The Chief of the National Guard Bureau shall develop outcome measurements to evaluate the success of the Work for Warriors Program in a State. ``(g) Reporting Requirements.-- ``(1) Report required.--Not later than 180 days after the completion of a Work for Warriors Program conducted under subsection (a), the Chief of the National Guard Bureau shall submit to the congressional defense committees a report describing the results of the program. The Chief shall prepare the report in coordination with the Under Secretary of Defense for Personnel and Readiness. ``(2) Elements of report.--A report under paragraph (1) shall include the following: ``(A) A description and assessment of the effectiveness and achievements of the Work for Warriors Program, including the number of members of the reserve components hired and the cost-per-placement of participating members. ``(B) An assessment of the impact of the Work for Warriors Program and increased reserve component employment levels on the readiness of members of the reserve components. ``(C) A comparison of the Work for Warriors Program to other programs conducted by the Department of Defense and Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components. ``(D) Any other matters considered appropriate by the Chief of the National Guard Bureau or the Under Secretary of Defense for Personnel and Readiness. ``(h) Limitation on Total Fiscal-Year Obligations.--The total amount obligated by the Chief of the National Guard Bureau to carry out the Work for Warriors Program for any fiscal year may not exceed $20,000,000. ``(i) Duration of Authority.-- ``(1) In general.--The authority of the Chief of the National Guard Bureau to carry out the Work for Warriors Program applies during fiscal years 2015 through 2018. ``(2) Extension.--Upon the expiration of the authority under paragraph (1), the Chief of the National Guard Bureau may extend the Work for Warriors Program for not more than two additional fiscal years.''. (b) Table of Chapters.--The table of chapters at the beginning of subtitle E of title 10, United States Code, and at the beginning of part IV of such subtitle, are each amended by striking the item relating to chapter 1601 and inserting the following new item: ``1601. Work for Warriors Program.......................... 16101''.
Work for Warriors Act of 2014 - Directs the Chief of the National Guard to carry out a pilot program, to be known as the Work for Warriors Program, to enhance Department of Defense (DOD) efforts to provide job placement assistance and related employment services to members of the reserve components. Requires each participating state to provide at least 30% in matching funds. Requires the Program to follow a direct employment program model, with one-on-one job placement and follow-up services to such individuals. Requires the Chief to: (1) develop outcome measures to evaluate the success of the Program in each state, and (2) report to the congressional defense committees on Program results. Grants the Chief authority to carry out the Program during FY2015-FY2018, with an authorized extension for up to two additional years.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Occupation of Guam Remembrance Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) In August 1978, Public Law 95-348 (section 6; 16 U.S.C. 410dd) established the War in the Pacific National Historical Park on Guam. (2) In December 1993, section 3(b)(1) of Public Law 103-197 (16 U.S.C. 410dd(l)) authorized the construction of a memorial wall at the Asan Bay Overlook in the War in the Pacific National Historical Park, commemorating the loyalty of the people of Guam during World War II and the heroism of the American forces that liberated Guam from occupation by Imperial Japan. (3) In December 2002, the Guam War Claims Review Commission Act (Public Law 107-333) established the Guam War Claims Review Commission to-- (A) review the facts and circumstances surrounding the implementation and administration of the Guam Meritorious Claims Act of 1945 (Public Law 79-224); and (B) advise on additional compensation to the people of Guam for death, personal injury, forced labor, forced march, and internment by occupying Imperial Japanese military forces between December 8, 1941, and July 21, 1944. (4) In December 2016, the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328), provided for war claim payments to victims and survivors of the occupation of Guam by Imperial Japan. (5) In June 2018, the Foreign Claims Settlement Commission began reviewing war claims submitted on behalf of victims and survivors of the occupation of Guam and their families, pursuant to the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328). SEC. 3. AUTHORITY TO UPDATE AND MAINTAIN MEMORIAL WALL. (a) Authorities and Duties of the Secretary.--The Secretary-- (1) shall maintain the memorial wall, including correcting and updating the names of those eligible to be listed on the memorial wall; and (2) shall notify the delegate to the United States House of Representatives from Guam and the Governor of Guam of any proposed revisions or additions to the memorial wall not less than 1 month before any revisions or additions are made. (b) Addition of War Claimant Names.--In carrying out subsection (a), the Secretary shall-- (1) add the names of all ``compensable Guam decedents'' and ``compensable Guam victims'' submitted to the Foreign Claims Settlement Commission pursuant to section 1705(b)(8) of the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328; 22 U.S.C. 1621 note), if such names do not appear on the wall on the date of the enactment of this Act; and (2) inform individuals who submitted claims to the Foreign Claims Settlement Commission under the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328; 22 U.S.C. 1621 note) that the name of each ``compensable Guam decedent'' or ``compensable Guam victim'' submitted by the respective individual to the Commission-- (A) appears on the memorial wall already, and provide additional relevant information as appropriate; or (B) will be added to the memorial wall pursuant to paragraph (1). (c) War Claimant Information.--The Foreign Claims Settlement Commission shall provide such information as is necessary for the Secretary to carry out this section. (d) Revisions to Names Listed.--In carrying out subsection (a), the Secretary shall-- (1) publish the names listed on the memorial wall on a publicly accessible website of the National Park Service; (2) publish the names to be added to or revised on the memorial wall, at a future date to be determined by the Secretary, on such website; and (3) provide a mechanism on such website for individuals to request that names listed on the memorial wall be revised to ensure accuracy or added to the memorial wall if such individuals-- (A) demonstrate a legitimate reason, as determined by the Secretary, for such listed names to be revised or added; and (B) submit appropriate documentation including affidavits, as determined by the Secretary, to substantiate the revision or addition requested. (e) Definitions.--In this section: (1) Compensable guam decedents.--The term ``compensable Guam decedents'' has the meaning given that term by the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328; 22 U.S.C. 1621 note). (2) Compensable guam victims.--The term ``compensable Guam victims'' has the meaning given that term by the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328; 22 U.S.C. 1621 note). (3) Government of guam.--The term ``Government of Guam'' has the meaning given that term by the Organic Act of Guam (48 U.S.C. 1421 et seq.). (4) Memorial wall.--The term ``memorial wall'' means the Asan Bay Overlook Memorial Wall authorized to be constructed under section 3(b)(1) of Public Law 103-197 (16 U.S.C. 410dd(l)), and located in the War in the Pacific National Historical Park on Guam established under section 6 of Public Law 95-348 (16 U.S.C. 410dd). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 4. FUNDING. Section 1707 of the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328; 22 U.S.C. 1621 note) is amended by adding at the end the following: ``(c) Memorial Wall.--The Secretary may award grants under subsection (a) (and, when grant recipients acceptable to the Secretary are not available for this purpose, may directly use funds made available for such grants) to correct and update the names of those eligible to be listed on, and other activities related to updating and maintaining, the Asan Bay Overlook Memorial Wall authorized to be constructed under section 3(b)(1) of Public Law 103-197.''. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that-- (1) section 6 of Public Law 95-348 (16 U.S.C. 410dd(i)) directs the Secretary, acting through the Director of the National Park Service, to employ and train residents of Guam or the Northern Mariana Islands to develop, maintain, and administer the War in the Pacific National Historical Park; and (2) the Secretary, acting through the Director of the National Park Service, should increase efforts to recruit, hire, and train Guam residents as employees at the War in the Pacific National Historical Park pursuant to the directive in such section. SEC. 6. DIRECT HIRE AUTHORITY. The Secretary of the Interior, acting through the Director of the National Park Service, may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title, a qualified candidate directly to for any future vacant position at the War in the Pacific National Historical Park for which the candidate meets Office of Personnel Management qualification standards. SEC. 7. LAND CONVEYANCE TO GOVERNMENT OF GUAM. (a) Conveyance Required.--Not later than 6 months after the date on which the Guam Waterworks Authority submits a written request to the Secretary, the Secretary shall convey to the Government of Guam for public benefit use, by quitclaim deed and without reimbursement, all right, title, and interest of the United States in and to the approximately 1 acre of Federal land generally described as ``GWA parcel of Lot 499'' on the map entitled ``War in the Pacific National Historical Park, Guam, Proposed Conveyance and Boundary Adjustment'' and dated July 2018. (b) Availability of Map.--The map referred to in subsection (a) shall be kept on file and available for public inspection at the appropriate office of the National Park Service and available for public inspection on a website of the National Park Service. The Secretary may correct minor errors in the map. (c) Survey.--The exact acreage and legal description of the Federal land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (d) Additional Terms and Conditions.--The conveyance under subsection (a) shall be subject to any other terms and conditions that the Secretary considers appropriate to protect the interests of the United States. (e) Required Use; Reversion.-- (1) Required use.--The Federal land conveyed under subsection (a) may be used by the Government of Guam only for the Guam Waterworks Authority to operate the public drinking water system of the territory of Guam. (2) Reversion.--If the Secretary determines that the Federal land conveyed to the Government of Guam pursuant to subsection (a) is not used in accordance with paragraph (1), all right, title, and interest in and to such parcel shall, at the option of the Secretary, revert to the United States. SEC. 8. TECHNICAL AMENDMENTS. Section 6 of the Act entitled ``An Act to authorize appropriations for certain insular areas of the United States, and for other purposes'', approved August 18, 1978 (16 U.S.C. 410dd), is amended-- (1) in subsection (l), by striking ``herosim'' and inserting ``heroism''; and (2) in subsection (n), by striking ``section (l)'' before the final period and inserting ``subsection (l)''.
Occupation of Guam Remembrance Act This bill directs the National Park Service (NPS) of the Department of the Interior to maintain the memorial wall of the War in the Pacific National Historical Park in Guam. The bill requires the NPS to: notify Guam's Delegate to the U.S. House of Representatives and the Governor of Guam of any proposed revisions or additions to the wall at least one month in advance, add specified names to the wall, respond to specified claims submitted to the Foreign Claims Settlement Commission under the Guam World War II Loyalty Recognition Act, and publish the names listed on the memorial wall on a public website. The NPS shall convey to Guam approximately one acre of identified federal land for public use.
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SECTION 1. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND RESERVE COMPONENT FACILITIES AS POLLING PLACES. (a) Use of Military Installations Authorized.--Section 2670 of title 10, United States Code, is amended-- (1) by striking ``Under'' and inserting ``(a) Use by Red Cross.--Under''; (2) by striking ``this section'' and inserting ``this subsection''; and (3) by adding at the end the following new subsection: ``(b) Use as Polling Places.--(1) Notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title), the Secretary of a military department may make a building located on a military installation under the jurisdiction of the Secretary available for use as a polling place in any Federal, State, or local election for public office. ``(2) Once a military installation is made available as the site of a polling place with respect to a Federal, State, or local election for public office, the Secretary shall continue to make the site available for subsequent elections for public office unless the Secretary provides to Congress advance notice in a reasonable and timely manner of the reasons why the site will no longer be made available as a polling place. ``(3) In this section, the term `military installation' has the meaning given the term in section 2687(e) of this title.''. (b) Use of Reserve Component Facilities.--(1) Section 18235 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(c) Pursuant to a lease or other agreement under subsection (a)(2), the Secretary may make a facility covered by subsection (a) available for use as a polling place in any Federal, State, or local election for public office notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title). Once a facility is made available as the site of a polling place with respect to an election for public office, the Secretary shall continue to make the facility available for subsequent elections for public office unless the Secretary provides to Congress advance notice in a reasonable and timely manner of the reasons why the facility will no longer be made available as a polling place.''. (2) Section 18236 of such title is amended by adding at the end the following new subsection: ``(e) Pursuant to a lease or other agreement under subsection (c)(1), a State may make a facility covered by subsection (c) available for use as a polling place in any Federal, State, or local election for public office notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title).''. (c) Conforming Amendments to Title 18.--(1) Section 592 of title 18, United States Code, is amended by adding at the end the following: ``This section shall not prohibit the use of buildings located on military installations, or the use of reserve component facilities, as polling places in Federal, State, and local elections for public office in accordance with section 2670(b), 18235, or 18236 of title 10.''. (2) Section 593 of such title is amended by adding at the end the following: ``This section shall not prohibit the use of buildings located on military installations, or the use of reserve component facilities, as polling places in Federal, State, and local elections for public office in accordance with section 2670(b), 18235, or 18236 of title 10.''. (d) Conforming Amendment to Voting Rights Law.--Section 2003 of the Revised Statutes (42 U.S.C. 1972) is amended by adding at the end the following: ``Making a military installation or reserve component facility available as a polling place in a Federal, State, or local election for public office in accordance with section 2670(b), 18235, or 18236 of title 10, United States Code, shall be deemed to be consistent with this section.''. (e) Availability of Polling Places for 2000 Federal Elections.--If a military installation or reserve component facility was made available as the site of a polling place with respect to an election for Federal office held during 1998, the same or a comparable site shall be made available for use as a polling place with respect to the general election for Federal office to be held in November 2000. (f) Clerical Amendments.--(1) The heading of section 2670 of title 10, United States Code, is amended to read as follows: ``Sec. 2670. Buildings on military installations: use by American National Red Cross and as polling places in Federal, State, and local elections''. (2) The item relating to such section in the table of sections at the beginning of chapter 159 of such title is amended to read as follows: ``2670. Buildings on military installations: use by American National Red Cross and as polling places in Federal, State, and local elections.''. Passed the House of Representatives October 12, 2000. Attest: Clerk.
Amends the Revised Statutes to authorize the use of military installations or reserve facilities for such purposes. Requires an installation or facility that was made available for a Federal election during 1998 to be made available for the general election for Federal office in November 2000.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Governments Regulatory Improvement and Innovation Act of 1993''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) better determine the cost and other impacts of regulation on small governments; (2) encourage the use of more flexible regulatory approaches that lessen compliance burdens on small governments; and (3) test innovative methods of regulation. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``small government'' means a small governmental jurisdiction as defined under section 601(5) of title 5, United States Code; (2) the term ``agency'' means any agency as defined under section 551(1) of title 5, United States Code; (3) the term ``Director'' means the Director of the Office of Management and Budget; (4) the term ``Council'' means the Council on Small Governments established under section 8; (5) the term ``small entity'' means a small entity as defined under section 601(6) of title 5, United States Code; and (6) the term ``Administrator'' means the Administrator of the Small Business Administration. SEC. 4. AGENCY RESPONSIBILITIES. (a) Guidelines.--The head of each agency shall, after opportunity for public comment, issue guidelines consistent with section 6(b) of this Act to ensure implementation of chapter 6 of title 5, United States Code, by the agency. (b) Plans.--The head of each agency shall develop a plan to inform, educate, and advise small entities on compliance with any rule that has a significant impact on small entities. Such plan shall be published in the Federal Register in the notice of proposed rulemaking and the final rulemaking notice for any such rule, and shall include a listing of-- (1) local and regional workshops for the purpose of providing and receiving information about the impact of the rule; (2) written guidance and other applicable publications and their availability; and (3) relevant Federal, State, and local technical assistance programs. (c) Reports.--The head of each agency shall report annually to the Administrator and to the Director on the agency's implementation of this Act and compliance with the provisions of chapter 6 of title 5, United States Code. SEC. 5. SMALL GOVERNMENT COORDINATORS. (a) Establishment.--There is established in each agency the position of Small Government Coordinator who shall report directly to the head of the agency. The Small Government Coordinator shall-- (1) communicate the small government perspective on agency rules and policies during the development of such rules and policies; (2) oversee and report to the agency head on agency efforts to comply with chapter 6 of title 5, United States Code, as such chapter applies to small governmental jurisdictions, including-- (A) participation in the development of agency guidelines for the full implementation of chapter 6 of title 5, United States Code, as such chapter applies to small governmental jurisdictions; and (B) the development of alternative regulatory proposals that accomplish the stated objectives of applicable statutes and which minimize the impact of regulations on small governments by working with-- (i) agency regulatory policy personnel; (ii) national organizations representing small governments; (iii) local elected officials; (iv) public policy experts; (v) the Administrator; (vi) the Director; and (vii) the Council; (3) advising the agency head on establishing electronic or other means of information collection to gather data on small governments; (4) advising the agency head and the Director on the development and implementation of the pilot program established under section 6; and (5) providing technical assistance to small governments on compliance with agency regulations. (b) Personnel.--To the greatest extent practicable, the head of each agency shall designate existing personnel to perform the duties described under this section. (c) Waiver.--(1) The head of an agency may waive the requirements of this section if such agency head-- (A) in consultation with the Council and in concurrence with the Director, certifies that the agency does not issue a significant number of rules affecting small governments; and (B) publishes such certification in the Federal Register. (2) Such waiver shall be reviewed annually and such certification shall be made annually, if appropriate. SEC. 6. REGULATORY COORDINATION. (a) Office of Information and Regulatory Affairs.--The Director shall delegate responsibility for the implementation of all duties of the Director under this Act to the Administrator of the Office of Information and Regulatory Affairs. (b) Guidelines.--The Director, in consultation with the Administrator of Small Business, shall issue guidelines to agencies on the identification of rules having a significant impact on small entities. In issuing the guidelines, the Director shall consider-- (1) the number of small entities that may be impacted by a rule; (2) the economic cost or benefit to small entities from compliance with a rule; (3) the effect a rule may have on regional economies; and (4) the reporting and paperwork requirements imposed on small entities by a rule. (c) Compliance.--The Director, to the extent permitted by law and in consultation with the Administrator, shall be responsible for monitoring and coordinating agency compliance with the requirements of this Act. SEC. 7. REGULATORY FLEXIBILITY PILOT PROGRAM. (a) Establishment.--The Director, in consultation with agencies and the Council, shall establish pilot programs in at least 2 agencies to test innovative, and more flexible regulatory approaches that-- (1) reduce reporting and compliance burdens on small entities; and (2) meet overall statutory goals and objectives. (b) Program Contents.--The pilot programs shall focus on rules in effect or proposed rules, or a combination thereof, that have a significant impact on small entities, with equal emphasis given to rules that impact small governments, small business, and small organizations. SEC. 8. THE SMALL GOVERNMENTS ADVISORY COUNCIL. (a) Establishment.--(1) There is established a Small Governments Advisory Council composed of 9 representatives from small governments appointed by the President, of whom no more than 5 shall be from any one political party. (2) No later than 6 months after the date of enactment of this Act, the President shall make the original appointments to the Council. (b) Membership.--No less than 6 members of the Council shall be acting small governmental officials. Members of the Council shall-- (1) have an extensive understanding of and experience with the operations of small governments; and (2) represent a balance with respect to the regions, the sizes of small governments, and the occupations represented on the Council. (c) Duties.--The duties of the Small Governments Advisory Council shall be to-- (1) serve as a focal point for the receipt of comments concerning the regulatory policies and activities of agencies that affect small governments; (2) advise the Small Government Coordinators as to the performance of their duties under section 5; (3)(A) develop proposals for changes in the regulatory policies and activities of any agency which shall carry out the purposes of this Act; and (B) communicate such proposals to the Director and appropriate agencies; (4)(A) monitor the costs and other burdens of Federal regulation on small governments, including the cumulative effect of such regulation; and (B) make legislative and nonlegislative proposals for eliminating excessive or unnecessary regulatory burdens placed on small governments; (5) advise the Director on the implementation of section 6 as such section relates to small governments; and (6) report annually to the Administrator and the Director on the actions of the Council under this Act, including-- (A) a summary of all proposals offered under subsection (c)(3); (B) a detailed assessment, prepared in consultation with the Small Government Coordinators established under section 5, of the costs and other burdens of government regulation on small governments, including the cumulative effects of such regulation; and (C) an assessment of the effectiveness of the pilot programs established under section 7. (d) Chairman.--The Council shall elect a chairman and meet at the call of the chairman but no less often than every 6 months. (e) Meetings.--The Director shall meet with the Council on a regular basis, but no less often than every 6 months. (f) Federal Advisory Committee Act.--The Council shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as necessary to carry out the provisions of this section. SEC. 9. ASSISTANCE OF GOVERNMENT AGENCIES. Consistent with applicable law, each department, agency, and instrumentality of the Federal Government shall furnish to the Council such reports and other information as the Council determines necessary to carry out its duties under this Act. SEC. 10. TECHNICAL AMENDMENTS. Chapter 6 of title 5, United States Code, is amended-- (1) in section 601(5) by inserting ``Indian tribes,'' after ``school districts,''; (2) in section 602(b) by inserting ``the Director of the Office of Management and Budget and'' after ``transmitted to''; and (3) in section 605(b)-- (A) in the first sentence by striking out ``sections 603 and 604 of this title'' and inserting in lieu thereof ``sections 603(c) and 604 of this title''; and (B) in the second sentence-- (i) by striking out ``or at the time of publication of the final rule''; and (ii) by inserting ``the Director of the Office of Management and Budget and'' after ``such certification and statement to''.
Small Governments Regulatory Improvement and Innovation Act of 1993 - Requires agency heads to: (1) issue guidelines to ensure agency implementation of regulatory function analysis requirements under current Federal law; and (2) develop a plan to inform, educate, and advise small entities on compliance with any rule with a significant impact on them. Establishes in each agency the position of Small Government Coordinator to: (1) communicate the small government perspective on agency rules and policies during their development; (2) oversee and report to the agency head on agency efforts to comply with regulatory function analysis requirements as they apply to small governmental jurisdictions; (3) advise the agency head on establishing electronic or other means of information collection to gather data on small governments; (4) advise the agency head and the OMB Director on the development and implementation of the pilot program established pursuant to such requirements; and (5) provide technical assistance to small governments on compliance with agency regulations. Requires the OMB Director to: (1) delegate responsibility for the implementation of all his or her duties under this Act to the Administrator of the Office of Information and Regulatory Affairs; (2) issue agency guidelines on the identification of rules having a significant impact on small entities; (3) monitor agency compliance with this Act; and (4) establish pilot programs to test innovative, more flexible approaches to reduce burdens on small entities while meeting overall statutory goals and objectives. Establishes a Small Governments Advisory Council to perform various specified duties, including developing proposals for : (1) changes in the regulatory policies and activities of any agency which carries out the purposes of this Act; and (2) eliminating excessive or unnecessary regulatory burdens placed on small governments. Authorizes appropriations. Amends Federal law to include Indian tribes within the purview of regulatory function analysis requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Mammal Cooperative Agreements in Alaska Amendments Act of 2008''. SEC. 2. COOPERATIVE AGREEMENTS IN ALASKA. (a) Definition of Depletion and Depleted.--Section 3(1)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(1)(A)) is amended by striking ``of this Act,'' and inserting ``and, for any stock subject to a cooperative agreement with a harvest management plan entered into under section 119, those Alaska Native organizations that are signatories to such an agreement,''. (b) Exemption of Takings for Subsistence or Authentic Native Articles.--Section 101(b) (16 U.S.C. 1371) is amended by striking ``section 109'' and inserting ``sections 109 and 119(c)''. (c) Use of Alaska Native Organizations for Enforcement.--Section 107(a) (16 U.S.C. 1377(a)) is amended by inserting ``, or of an Alaska Native organization for purposes of enforcing this title pursuant to a harvest management plan with the organization under section 119'' before the period at the end. (d) Marine Mammal Cooperative Agreements in Alaska.--Section 119 (16 U.S.C. 1388) is amended to read as follows: ``SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA. ``(a) Marine Mammal Cooperative Agreements in Alaska.-- ``(1) In general.--The Secretary may enter into cooperative agreements with Alaska Native organizations to conserve and manage any stock of marine mammals and provide comanagement of subsistence use by Alaska Natives. Such agreements may include, among other purposes-- ``(A) the collection and analysis of population data; ``(B) harvest monitoring; ``(C) participation in marine mammal research; ``(D) development of marine mammal comanagement structures; ``(E) collection of biological specimens; ``(F) educational and scientific displays; ``(G) a harvest management plan governing Alaska Native subsistence use for those stocks or species covered by the cooperative agreement; and ``(H) reporting requirements. ``(2) Consultation.--The Secretaries shall consult with each other in the development of cooperative agreements to ensure consistency in the implementation of this section. ``(3) Reporting requirements.-- ``(A) Reports by permittees.--All transfers of marine mammal specimens collected under subsection (a)(1)(E) shall be included in reports under section 104(c)(1) from scientific researchers who receive the specimens under authority granted under that section. ``(B) Reports by alaska native organizations.--An Alaska Native organization shall-- ``(i) maintain an inventory of all marine mammal parts used in a display under subsection (a)(1)(F); and ``(ii) provide periodic reports to the Secretary on such use. ``(b) Management Plan Requirements.-- ``(1) In general.--A harvest management plan established under a cooperative agreement under this section with an Alaska Native organization shall-- ``(A) apply only to Alaska Natives, included in the exemption under section 101(b); ``(B) identify the signatories to the plan, and the stock or species and geographic area covered by the plan; ``(C) be based on biological information and traditional ecological knowledge; ``(D) provide for a sustainable harvest of each stock or species covered by the plan, and be designed to prevent populations of such stocks and species from becoming depleted; ``(E) have a clearly defined process and authority for enforcement and implementation of any management prescriptions under the plan; and ``(F) specify the duration of the plan and set forth procedures for periodic review and termination of the plan. ``(2) Responsibilities of alaska native organization.--A harvest management plan established under a cooperative agreement under this section must require the Alaska Native organization to-- ``(A) monitor compliance by Alaska Natives with the terms of harvest management plan; ``(B) administer its management of marine mammals in accordance with the terms of the harvest management plan; and ``(C) report to the Secretary on actions taken to implement the agreement and the harvest management plan. ``(c) Implementing Regulations and Ordinances.-- ``(1) Regulations by secretary.-- ``(A) In general.--Subject to subparagraph (B), the Secretary-- ``(i) shall promulgate such regulations as are necessary to carry out this section; and ``(ii) may promulgate regulations that implement any ordinance, regulation, or other provision that-- ``(I) is included in an Alaskan Native organization harvest management plan established under a cooperative agreement; and ``(II) restricts the taking or use of marine mammals for subsistence purposes consistent with such plan. ``(B) Limitation.--The Secretary may not promulgate any regulation under subparagraph (A) unless the regulation-- ``(i) is necessary to carry out this section; ``(ii) is no more restrictive than any taking limit or other restriction contained in the harvest management plan adopted by the Alaska Native organization and implemented by the Secretary in accordance with this section; and ``(iii) is necessary to improve compliance with any taking limit or other restriction in a harvest management plan that is adopted by the Alaskan Native organization and implemented by the Secretary in accordance with this section. ``(2) Depleted stocks.--A regulation or ordinance adopted by an Alaska Native organization in a harvest management plan for a depleted stock shall apply only to the extent the regulation or ordinance is consistent with regulations issued by the Secretary under sections 101(b) and 103 that apply to such stock. ``(d) Prohibition.--It is unlawful for any Alaska Native within the geographic area to which a harvest management plan under this section applies, to take, transport, sell, or possess a marine mammal in violation of the provisions of a harvest management plan or regulations promulgated under this section. ``(e) Grants.--An agreement entered into under this section may, subject to the availability of appropriations, include a grant by the Secretary to an Alaska Native organization for, among other purposes-- ``(1) collecting and analyzing data on marine mammal populations; ``(2) monitoring the harvest of marine mammals for subsistence and handicraft uses; ``(3) participating in marine mammal research conducted by the Federal Government, the State of Alaska, academic institutions, or private organizations; and ``(4) developing marine mammal comanagement structures with Federal and State agencies, and implementing and enforcing any harvest management plan included in the agreement. ``(f) Advance Notice and Opportunity for Comment Regarding Proposed Regulations.--Before proposing any regulation under section 101(b) relating to the taking of a stock of marine mammals that is the subject of a harvest management plan under this section, the Secretary shall-- ``(1) solicit recommendations for such proposed regulation from each Alaska Native organization engaged in harvest management of the species or stock pursuant to this section; and ``(2) provide to each such organization with a cooperative agreement-- ``(A) a copy of the proposed regulation; ``(B) an analysis of how the proposed regulation would achieve the goal of being the least restrictive measure upon subsistence use of the stock and the conservation of marine mammals; and ``(C) an opportunity to comment on the proposed regulation prior to publication of any proposed regulations in the Federal Register. ``(g) Public Notice.--The Secretary shall publish each harvest management plan entered into under this section. ``(h) FACA Exemption.--The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply with respect to the provision of any advice or recommendations to the Secretary by any Alaska Native organization (including any scientific review group associated with such an organization), or the obtaining of any advice or recommendations by the Secretary from such an organization, for the purpose of formulation or implementation of a cooperative agreement under this section. ``(i) Relationship to Title V.--Nothing in this section affects title V or any authority under title V of this Act. ``(j) Effect of Jurisdiction.--Nothing in this section is intended or shall be construed-- ``(1) as authorizing any expansion or change in the respective jurisdiction of Federal, State, or Tribal governments over fish and wildlife resources; or ``(2) as altering in any respect the existing political or legal status of Alaska Natives, or the governmental or jurisdictional status of Alaska Native communities or Alaska Native entities. ``(k) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated for the purposes of carrying out this section-- ``(A) to the Secretary of the Interior, $3,000,000 for each of fiscal years 2007 through 2010; and ``(B) to the Secretary of Commerce $3,700,000, for each of fiscal years 2007 through 2010 of which not less than $300,000 shall be for payment to the Indigenous People's Council for Marine Mammals, or its successor organization, for administrative expenses and statewide coordination between its member Alaska Native Organizations. ``(2) Administrative costs.--Of the amounts authorized under this section for each of the Secretary of Commerce and the Secretary of the Interior, not more than 5 percent may be used for agency administrative costs. ``(l) Report to Congress.--The Secretaries shall each issue a report to Congress on-- ``(1) actions taken to implement this section; and ``(2) the use of funds authorized by this section by the Secretaries and Alaska Native organizations, including the Indigenous People's Council for Marine Mammals. ``(m) Indigenous People's Council for Marine Mammals Defined.--For the purpose of this section the term `Indigenous People's Council for Marine Mammals' means a consortium of Alaska Native organizations that are engaged in the conservation and comanagement of subsistence use of marine mammals by Alaska Natives.''.
Marine Mammal Cooperative Agreements in Alaska Amendments Act of 2008 - Amends the Marine Mammal Protection Act of 1972 to authorize the Secretary of the department in which the National Oceanic and Atmospheric Administration (NOAA) is operating to enter into cooperative agreements with Alaska Native organizations to conserve and manage (currently, to conserve) any stock of marine mammals. Sets forth allowed contents of agreements and required aspects of harvest management plans. Makes it unlawful for any Alaska Native within the geographic area to which a harvest management plan applies to take, transport, sell, or possess a marine mammal in violation of the provisions of that plan. Modifies the uses of related grants to Alaska Native organizations, including allowing: (1) monitoring marine mammal harvesting for subsistence and handicraft (currently, for subsistence) uses; and (2) participating in marine mammal research conducted by the state of Alaska (currently, by states).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Project Apollo Commemorative Coin Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Project Apollo in general, and the flight of Apollo 11 in particular, were milestones in the history of our Nation. (2) When referring to Project Apollo, historian Arthur Schlesinger, Jr., observed, ``The one thing for which this century will be remembered 500 years from now was: This was the century when we began the exploration of space.'' (3) Project Apollo helped demonstrate the technological and economic strength of the United States at the height of the cold war. (4) Project Apollo was an engineering triumph that successfully achieved the policy goals set by President Kennedy. (5) In only 9 years, Project Apollo advanced rocket technology from the 28-foot Redstone rocket which produced 78,000 pounds of thrust to the 363-foot Saturn V which produced 7.7 million pounds of thrust, which is comparable to building a modern commercial aircraft 9 years after the Wright brothers built their first airplane. (6) The Apollo flights are among the high points of our human achievement and allowed the entire world to view the planet Earth in a new way. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 35th anniversary of the Apollo 11 landing, and notwithstanding section 5112(m)(1) of title 31, United States Code, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following: (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 0.850 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 copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sources of Bullion.--The Secretary may obtain silver for minting coins under this Act from any available source, including stockpiles established under the Strategic and Critical Materials Stock Piling Act (Public Law 76-117; 50 U.S.C. 98, et seq.). SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the 35th anniversary of the Apollo 11 lunar landing. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2004''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be selected by the Secretary after-- (1) consultation with the Commission of Fine Arts; and (2) receiving the advice of the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning on January 1, 2004. (d) Termination of Minting.--No coins may be minted under this Act after December 31, 2004. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharges required by section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, discounts, 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.--The Secretary shall accept prepaid orders received before January 1, 2004 for the coins minted under this Act. The sale prices with respect to such prepaid orders shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Assessment.--Any sale by the Secretary of a coin minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution.-- (1) In general.--Subject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the National Air and Space Museum of the Smithsonian Institution for the purposes of-- (A) collecting, exhibiting, and caring for objects related to Project Apollo; and (B) documenting and researching the mission of Project Apollo (including a collective outreach to the workers associated with Project Apollo for the contribution of their memories regarding Project Apollo). (2) Audits.--The National Air and Space Museum of the Smithsonian Institution shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the museum under paragraph (1). SEC. 8. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act does not result in any net cost to the United States Government. (b) Payment for Coins.--The Secretary shall not issue a coin minted under this Act unless the Secretary has first received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.
Project Apollo Commemorative Coin Act of 2001 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the 35th anniversary of the Apollo 11 lunar landing.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Access Control Security Improvement Act of 2015''. SEC. 2. AVIATION SECURITY. (a) In General.--Subtitle A of title XVI of the Homeland Security Act of 2002 is amended by adding at the end the following new section: ``SEC. 1602. RISK-BASED SCREENING OF EMPLOYEES AT AIRPORTS. ``(a) Screening Model.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Administrator shall establish a risk-based, intelligence-driven model for the screening of employees at airports based on level of access and employment positions at domestic airports. Such screening model shall-- ``(A) ensure that only those individuals authorized to have access to the secure areas of a domestic airport are permitted such access; ``(B) ensure that an individual is immediately denied entry to a secure area when such individual's access authorization for such secure area is withdrawn; and ``(C) provide a means to differentiate between individuals authorized to have access to an entire secure area and individuals authorized access to only a particular portion of a secure area. ``(2) Factors.--The Administrator shall consider the following factors when establishing the screening model described in paragraph (1): ``(A) Whether and how often employees at airports require employment-related access to Secure Identification Display Areas, Airport Operations Areas, or secure areas. ``(B) The ability of each airport operator to reduce employee entry and exit points to a mutually agreed-upon minimum number of such entry and exit points necessary to maintain airport operations. ``(C) In consultation with airport operators, the ability of the Administration to create a randomization plan for screening at the defined operational minimum entry and exit points at airports which maximizes the deterrent effect of screening efforts. ``(b) Disqualifying Offenses.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Administrator, in consultation with the Director of the Federal Bureau of Investigation, labor organizations representing aviation, ground, and cabin crew workers, and the Aviation Security Advisory Committee, shall conduct an aviation security risk- based review of the disqualifying criminal offenses codified in sections 1542.209 and 1544.229 of title 49, Code of Federal Regulations, to determine the appropriateness of such offenses as a basis for denying to an employee a credential that allows unescorted access to Secure Identification Display Areas of airports. Such review shall consider the following: ``(A) The adequacy of codified disqualifying offenses to address the current aviation security threat environment, particularly the terrorism insider threat. ``(B) If such codified disqualifying offenses should be tailored to address the current aviation security threat environment, particularly the terrorism insider threat, by excluding or including other offenses. ``(C) The potential security benefits, drawbacks, and challenges associated with identifying patterns of misdemeanors or of other non-disqualifying offenses that could jeopardize aviation security. ``(D) The feasibility of integrating similar departmental eligibility requirements for access to Secure Identification Display Areas of airports. ``(E) If the 10-year look-back period for disqualifying offenses is appropriate, in light of the current aviation security threat environment, particularly the terrorism insider threat. ``(2) Waiver.--Not later than 180 days after the date of the enactment of this section, the Administrator shall provide an adequate redress process for an employee who is subject to an adverse employment decision, including removal or suspension of such employee, due to a disqualifying offense referred to in paragraph (1), that is consistent with the appeals and waiver process established for applicants for commercial motor vehicle hazardous materials endorsements and transportation workers at ports under section 70105(c) of title 46, United States Code. ``(3) Notice.--Any changes to the Secure Identification Display area badge program, such as changes considered pursuant to subparagraphs (B), (C), (D), and (E) of paragraph (1) shall be subject to notice of proposed rulemaking. ``(4) Briefing to congress.--Upon completion of the aviation security risk-based review required under paragraph (1), the Administrator shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate on the results of such review. ``(c) Credentialing.--Not later than 120 days after the date of the enactment of this section, the Administrator, in consultation with the Aviation Security Advisory Committee, shall review the auditing procedures for all airport-issued identification media. Such review shall determine the following: ``(1) The efficacy of the auditing program requirements at domestic airports to ensure the integrity, accountability, and control of airport-issued identification media. ``(2) The feasibility of including biometrics standards for all airport-issued identification media used for identity verification and badge verification. ``(3) The feasibility of integrating other departmental programs' eligibility requirements for access to secure areas of airports. ``(d) Vetting.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Administrator shall-- ``(A) establish a program to allow airport badging offices to utilize the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as `E-Verify') to determine the eligibility to work in the United States of all applicants seeking access to secure areas of airports; ``(B) establish a process to transmit applicants' biometric fingerprint data to the Office of Biometric Identity Management's (OBIM's) Automated Biometrics Identification System (IDENT) for vetting; and ``(C) conduct a data quality assessment to ensure that credential application data elements received by the Administration are complete and match the data submitted by the airport operators. ``(2) Briefing to congress.--Upon completion of the responsibilities specified in paragraph (1), the Administrator shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate on the results of such completion. ``(e) Reporting of Violations.--Not later than 180 days after the date of the enactment of this section, the Administrator shall establish a nationwide program for the anonymous reporting of violations of airport security. ``(f) Centralized Database.--Not later than 180 days after the date of the enactment of this section, the Administrator, in consultation with the Aviation Security Advisory Committee, shall-- ``(1) establish a national database of employees who have had either their airport or aircraft operator-issued badge revoked for failure to comply with aviation security requirements; ``(2) determine the appropriate reporting mechanisms for airports and airlines to submit data regarding employees described in paragraph (1) and to access the database established pursuant to such paragraph; and ``(3) establish a process that allows individuals whose names were mistakenly entered into such database to have their names removed and have their credentialing restored. ``(g) Updated Review.--Not later than April 8, 2016, the Administrator, in consultation with the Aviation Security Advisory Committee, shall conduct an updated and thorough review of airport access controls. ``(h) Employee Screening Study.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Administrator, in consultation with the Aviation Security Advisory Committee, shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate, and the Comptroller General of the United States a cost and feasibility study of a statistically significant number of Category I, II, and X airports, that ensures that all employee entry and exit points that lead to secure areas of such airports are comprised of the following: ``(A) A secure door utilizing card and pin entry or biometric technology. ``(B) Surveillance video recording, capable of storing video data for at least 30 days. ``(C) Advanced screening technologies, including at least one of the following: ``(i) Magnetometer (walk-through or hand- held). ``(ii) Explosives detection canines. ``(iii) Explosives trace detection swabbing. ``(iv) Advanced imaging technology. ``(v) X-ray bag screening technology. ``(2) Contents.--The study required under paragraph (1) shall include information related to the employee screening costs of those airports which have already implemented practices of screening 100 percent of employees entering secure areas of airports, including the following: ``(A) Costs associated with establishing an operational minimum number of employee entry and exit points. ``(B) A comparison of costs associated with implementing the requirements specified in paragraph (1), based on whether such implementation was carried out by the Administration or airports. ``(3) Comptroller general assessment.-- ``(A) In general.--Upon completion of the study required under paragraph (1), the Comptroller General of the United States shall review such study to assess the quality and reliability of such study. ``(B) Assessment.--Not later than 60 days after the receipt of the study required under paragraph (1), the Comptroller General of the United States shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate on the results of the review required under subparagraph (A).''. (b) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 1601 the following new item: ``Sec. 1602. Risk-based screening of employees at airports.''. Passed the House of Representatives October 6, 2015. Attest: KAREN L. HAAS, Clerk.
(This measure has not been amended since it was reported to the House on October 6, 2015. Airport Access Control Security Improvement Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Transportation Security Administration (TSA) to establish a risk-based, intelligence-driven model for the screening of airport employees based on level of employment-related access to Secure Identification Display Areas, Airport Operations Areas, or secure areas at U.S. airports. TSA shall conduct an aviation security risk-based review of certain federal disqualifying criminal offenses to determine their appropriateness as a basis for denying an employee a credential that allows unescorted access to Secure Identification Display Areas of airports. TSA shall provide a redress process for employees subject to an adverse employment decision (including removal or suspension) due to a disqualifying offense that is consistent with the appeals and waiver process for applicants for commercial motor vehicle hazardous materials endorsements and transportation workers at ports. TSA shall review the auditing procedures for all airport-issued identification media. TSA shall: establish a program to allow airport badging offices to use "E-Verify" to determine eligibility to work in the United States of all applicants seeking access to secure areas of airports, establish a process to transmit applicants' biometric fingerprint data to the Office of Biometric Identity Management's Automated Biometrics Identification System for vetting, assess credential application data received by DHS to ensure it is complete and matches data submitted by airport operators. TSA shall establish a nationwide program for the anonymous reporting of violations of airport security. TSA shall: establish a national database of employees who have had either their airport or aircraft operator-issued badge revoked for failure to comply with aviation requirements, determine the appropriate mechanisms for airports and airlines to submit such data and access the database, and establish a process to allow individuals whose names were mistakenly entered into the database to have them removed and their credentialing restored. The Aviation Security Advisory Committee shall update and review airport access controls. TSA shall conduct a cost and feasibility study of a significant number of Category I, II, and X airports that ensures that all employee entry and exit points that lead to airport secured areas comprise the following: a secure door that uses card and pin entry or biometric technology, surveillance video recording capable of storing video data for at least 30 days, and certain advanced screening technologies (including at least one of the following: magnetometer [walk through or hand-held], explosives detection canines or explosives trace detection swabbing, advanced imaging technology, or X-ray bag screening technology). The Government Accountability Office shall assess the quality and reliability of the study.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``AMT and Tax Deduction Fairness Act of 2001''. SEC. 2. ALLOWANCE OF STATE AND LOCAL INCOME TAXES AGAINST ALTERNATIVE MINIMUM TAX. (a) In General.--Section 56(b)(1)(A)(ii) of the Internal Revenue Code of 1986 (relating to limitation on deductions) is amended by inserting ``(other than State and local income taxes or general sales taxes)'' before the period. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES IN LIEU OF STATE AND LOCAL INCOME TAXES. (a) In General.--Subsection (b) of section 164 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following: ``(5) General sales taxes.--For purposes of subsection (a)-- ``(A) Election to deduct state and local sales taxes in lieu of state and local income taxes.-- ``(i) In general.--At the election of the taxpayer for the taxable year, subsection (a) shall be applied-- ``(I) without regard to the reference to State and local income taxes, ``(II) as if State and local general sales taxes were referred to in a paragraph thereof, and ``(III) without regard to the last sentence. ``(B) Definition of general sales tax.--The term `general sales tax' means a tax imposed at one rate with respect to the sale at retail of a broad range of classes of items. ``(C) Special rules for food, etc.--In the case of items of food, clothing, medical supplies, and motor vehicles-- ``(i) the fact that the tax does not apply with respect to some or all of such items shall not be taken into account in determining whether the tax applies with respect to a broad range of classes of items, and ``(ii) the fact that the rate of tax applicable with respect to some or all of such items is lower than the general rate of tax shall not be taken into account in determining whether the tax is imposed at one rate. ``(D) Items taxed at different rates.--Except in the case of a lower rate of tax applicable with respect to an item described in subparagraph (C), no deduction shall be allowed under this paragraph for any general sales tax imposed with respect to an item at a rate other than the general rate of tax. ``(E) Compensating use taxes.--A compensating use tax with respect to an item shall be treated as a general sales tax. For purposes of the preceding sentence, the term `compensating use tax' means, with respect to any item, a tax which-- ``(i) is imposed on the use, storage, or consumption of such item, and ``(ii) is complementary to a general sales tax, but only if a deduction is allowable under this paragraph with respect to items sold at retail in the taxing jurisdiction which are similar to such item. ``(F) Special rule for motor vehicles.--In the case of motor vehicles, if the rate of tax exceeds the general rate, such excess shall be disregarded and the general rate shall be treated as the rate of tax. ``(G) Separately stated general sales taxes.--If the amount of any general sales tax is separately stated, then, to the extent that the amount so stated is paid by the consumer (other than in connection with the consumer's trade or business) to the seller, such amount shall be treated as a tax imposed on, and paid by, such consumer. ``(H) Amount of deduction to be determined under tables.-- ``(i) In general.--The amount of the deduction allowed under this paragraph shall be determined under tables prescribed by the Secretary. ``(ii) Requirements for tables.--The tables prescribed under clause (i) shall reflect the provisions of this paragraph and shall be based on the average consumption by taxpayers on a State-by-State basis, as determined by the Secretary, taking into account filing status, number of dependents, adjusted gross income, and rates of State and local general sales taxation.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
AMT and Tax Deduction Fairness Act of 2001 - Amends the Internal Revenue Code to allow: (1) the State and local income tax deduction against the alternative minimum tax; and (2) the deduction of State and local general sales taxes in lieu of State and local income taxes.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Organ Mountains National Monument Establishment Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) City.--The term ``City'' means the city of Las Cruces, New Mexico. (2) County.--The term ``County'' means Dona Ana County, New Mexico. (3) Management plan.--The term ``management plan'' means the management plan developed pursuant to this Act. (4) Map.--The term ``map'' means the map titled ``Organ Mountains National Monument'' and dated February 6, 2013. (5) Monument.--The term ``monument'' means the national monument established by this Act. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (7) State director.--The term ``State Director'' means the New Mexico State Director of the Bureau of Land Management. (8) State.--The term ``State'' means the State of New Mexico. SEC. 3. WATER RIGHTS. Nothing in this Act shall-- (1) constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the lands within the monument; or (2) affect any water rights existing on the date of the enactment of this Act, including any water right held by the United States. SEC. 4. ESTABLISHMENT OF MONUMENT. (a) In General.--There is established the Organ Mountains monument in the State. (b) Area Included.--The monument shall consist of approximately 54,800 acres of public land in Dona Ana County in the State, as generally depicted on the map. SEC. 5. PURPOSES. The purposes of the monument are to conserve, protect, and enhance the cultural, traditional, archaeological, natural, ecological, geological, historical, wildlife, livestock, watershed, educational, recreational, and scenic resources of the monument for the benefit and enjoyment of present and future generations. SEC. 6. MANAGEMENT OF MONUMENT. (a) In General.--The Secretary shall manage the monument-- (1) in a manner that conserves, protects, and enhances the resources of the monument; and (2) in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable laws. (b) Uses.-- (1) In general.--The Secretary shall allow only such uses of the monument that the Secretary determines would further the purposes described in section 5. (2) Use of motorized vehicles.--Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the monument shall be permitted only on roads designated for use by motorized vehicles in the management plan. Nothing in this Act precludes the use of motorized vehicles or mechanical equipment for the construction or maintenance of range improvements or the performance of standard ranching operations or for the construction, maintenance, operation, or management of flood control or water conservation systems. (3) New roads.--No additional road shall be built within the monument after the date of the enactment of this Act unless the Secretary determines that the road is necessary for public safety or natural resource protection. (c) Grazing.--The Secretary shall issue any grazing leases or permits in the monument in accordance with the same laws and executive orders that apply to issuance by the Secretary of grazing leases and permits on other land under the jurisdiction of the Bureau of Land Management. (d) Utility Right-of-Ways.--Nothing in this section precludes the Secretary from authorizing, renewing or upgrading (including widening) a utility right-of-way through the monument in a manner that minimizes harm to the purposes of the monument in accordance with-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) any other applicable law; and (3) such terms and conditions as the Secretary determines to be appropriate. SEC. 7. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop a management plan for the monument. (b) Consultation.--The management plan shall be developed in consultation with-- (1) State, tribal, and local governments; (2) the public; and (3) interested Federal agencies. SEC. 8. GENERAL PROVISIONS. (a) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file the map and legal description of the monument. (2) Force and effect.--The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description. (3) Public availability.--The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of-- (A) the Bureau of Land Management; and (B) the Office of the County Clerk of Dona Ana County, New Mexico. (4) Fish and wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State. (5) No buffer zones.-- (A) In general.--There shall be no buffer zone around a monument. (B) Activities outside the monument.--The fact that an activity or use of land is not permitted on land within a monument shall not preclude the activity or use outside the boundary of the monument or on private or State land within the monument, consistent with other applicable laws. (6) Withdrawals.--Subject to valid existing rights (including lease rights), all Federal land within the monument and any land and interests in land acquired for the monument by the United States after the date of the enactment of this Act are withdrawn from-- (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 9. HUNTING AND TRAPPING. (a) In General.--The Secretary shall allow hunting and trapping in the monument. (b) Limitations.-- (1) Regulations.--The Secretary may designate by regulation areas in the monument in which, and establish periods during which no hunting or trapping will be allowed for reasons of public safety, administration, or compliance with applicable laws. (2) Consultation.--The Secretary shall obtain the concurrence of the appropriate State agency before promulgating regulations under paragraph (1) that close a portion of the monument to hunting or trapping. SEC. 10. RELEASE OF WILDERNESS STUDY AREA. For purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the Federal land in the following has been adequately studied for wilderness designation and shall no longer be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)): (1) The Organ Mountains Wilderness Study Area. (2) The Organ Needles Wilderness Study Area. (3) The Pena Blanca Wilderness Study Area. SEC. 11. LAW ENFORCEMENT. Nothing in this Act, or regulations issued in furtherance of this Act, shall prevent Federal, State, or local law enforcement personnel from having unfettered access to the entire monument, including the use of motorized vehicles and specialized equipment. SEC. 12. NATIONAL LANDSCAPE CONSERVATION SYSTEM. The monument designated by this Act shall be administered as a component of the National Landscape Conservation System.
Organ Mountains National Monument Establishment Act - Establishes the Organ Mountains monument in Dona Ana County, New Mexico, to comprise approximately 54,800 acres of public land in the county. States that, the purposes of the monument are the conservation, protection, and enhancement of its cultural, traditional, archaeological, natural, ecological, geological, historical, wildlife, livestock, watershed, educational, recreational, and scenic resources for the benefit and enjoyment of present and future generations. Directs the Secretary of the Interior, through the Bureau of Land Management (BLM), to manage the monument in a manner to conserve, protect, and enhance those resources. Requires the Secretary to develop a management plan for the Organ Mountains monument. Allows hunting and trapping in the monument. Releases the Organ Mountains, Organ Needles, and Pena Blanca Wilderness Study Areas from further study for designation as wilderness and prohibits such Areas from any longer being subject to requirements under the Federal Land Policy and Management Act of 1976 regarding the status of their lands during the period of review and determination of such areas for preservation as wilderness. Requires such monument to be administered as a component of the National Landscape Conservation System.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia and United States Territories Circulating Quarter Dollar Program Act''. SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS HONORING THE DISTRICT OF COLUMBIA AND EACH OF THE TERRITORIES. Section 5112 of title 31, United States Code, is amended by inserting after subsection (m) the following new subsection: ``(n) Redesign and Issuance of Circulating Quarter Dollar Honoring the District of Columbia and Each of the Territories.-- ``(1) Redesign in 2009.-- ``(A) In general.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2) and subject to paragraph (6)(B), quarter dollar coins issued during 2009 shall have designs on the reverse side selected in accordance with this subsection which are emblematic of the District of Columbia and the territories. ``(B) Flexibility with regard to placement of inscriptions.--Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars issued during 2009 in which-- ``(i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; and ``(ii) any inscription described in the third sentence of subsection (d)(1) or the designation of the value of the coin appears on the obverse side of any such quarter dollars. ``(2) Single district or territory design.--The design on the reverse side of each quarter dollar issued during 2009 shall be emblematic of one of the following: The District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(3) Selection of design.-- ``(A) In general.--Each of the 6 designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the chief executive of the District of Columbia or the territory being honored, or such other officials or group as the chief executive officer of the District of Columbia or the territory may designate for such purpose; and ``(II) the Commission of Fine Arts; and ``(ii) reviewed by the Citizens Coinage Advisory Committee. ``(B) Selection and approval process.--Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(C) Participation.--The Secretary may include participation by District of Columbia or territorial officials, artists from the District of Columbia or the territory, engravers of the United States Mint, and members of the general public. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any quarter dollar under this subsection. ``(4) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper. ``(C) Timing and order of issuance.--Coins minted under this subsection honoring the District of Columbia and each of the territories shall be issued in equal sequential intervals during 2009 in the following order: the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(6) Other provisions.-- ``(A) Application in event of admission as a state.--If the District of Columbia or any territory becomes a State before the end of the 10-year period referred to in subsection (l)(1), subsection (l)(7) shall apply, and this subsection shall not apply, with respect to such State. ``(B) Application in event of independence.--If any territory becomes independent or otherwise ceases to be a territory or possession of the United States before quarter dollars bearing designs which are emblematic of such territory are minted pursuant to this subsection, this subsection shall cease to apply with respect to such territory. ``(7) Territory defined.--For purposes of this subsection, the term `territory' means the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.''.
District of Columbia and United States Territories Circulating Quarter Dollar Program Act - Authorizes the Secretary of the Treasury to issue during 2009 redesigned quarter dollars commemorating the District of Columbia and the U.S. Territories.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pinnacles National Park Act''. SEC. 2. DEFINITIONS. In this Act: (1) Map.--The term ``Map'' means the map entitled ``Proposed Wilderness Additions to the Proposed Pinnacles National Park'', numbered 114/106,106, and dated November 2010. (2) Park.--The term ``Park'' means the Pinnacles National Park established by section 3(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of California. SEC. 3. ESTABLISHMENT OF PINNACLES NATIONAL PARK. (a) Establishment.--There is established in the State the Pinnacles National Park. (b) Purposes.--The purposes of the Park are-- (1) to preserve and interpret for the benefit of future generations-- (A) the chaparral, grasslands, blue oak woodlands, and majestic valley oak savanna ecosystems of the area; (B) the geomorphology, riparian watersheds, and unique flora and fauna of the area; and (C) the ancestral and cultural history of Native Americans, settlers, and explorers; and (2) to interpret the recovery program for the California Condor, including the international significance of the program. (c) Boundaries.--The boundaries of the Park shall consist of the areas generally depicted on the Map. (d) Availability of Map.--The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (e) Abolishment of Current Pinnacles National Monument.-- (1) In general.--The Pinnacles National Monument is abolished. (2) Incorporation of land.--The land and any interests in the land that comprise the Pinnacles National Monument are incorporated in, and shall be considered to be part of, the Park. (3) Availability of funds.--Any funds available for the Pinnacles National Monument shall be available for the Park. (4) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to ``Pinnacles National Monument'' shall be considered to be a reference to ``Pinnacles National Park''. (f) Administration.--The Secretary shall administer the Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (g) Land Acquisition.-- (1) In general.--The Secretary may acquire land or interests in land within the boundaries of the Park by purchase from a willing seller with donated or appropriated funds, donation, or exchange. (2) Acquisition of rock springs ranch.-- (A) Acquisition authorized.--The Secretary may acquire, by purchase from a willing seller, donation, or exchange, the approximately 18,200 acres of land in San Benito County, California, known as the ``Rock Springs Ranch Tract''. (B) Inclusion within national park.--On acquisition of the land described in subparagraph (A), the Secretary shall modify the boundaries of the Park to include the acquired land. (C) Map.--Not later than 120 days after the date of enactment of this Act, the Secretary shall file a map depicting the land described in subparagraph (A) with-- (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. SEC. 4. REDESIGNATION OF PINNACLES WILDERNESS AS HAIN WILDERNESS AND EXPANSION OF WILDERNESS. (a) Redesignation.-- (1) In general.--Subsection (i) of the first section of Public Law 94-567 (16 U.S.C. 1132 note) is amended by striking ``Pinnacles Wilderness'' and inserting ``Hain Wilderness.'' (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the ``Pinnacles Wilderness'' shall be considered to be a reference to the ``Hain Wilderness''. (b) Expansion.--Certain land comprising approximately 2,715 acres, as generally depicted on the map entitled ``Proposed Wilderness Additions to the Proposed Pinnacles National Park'', numbered 114/ 106,106, and dated November 2010, is-- (1) designated as wilderness and a component of the National Wilderness Preservation System; and (2) incorporated in, and considered to be a part of, the Hain Wilderness. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
Pinnacles National Park Act - Establishes Pinnacles National Park in California to: (1) preserve and interpret the Park's ecosystems and the history of Native Americans, settlers, and explorers, and (2) interpret the recovery program for the California Condor. Abolishes Pinnacles National Monument and includes the land and any interests comprising the Monument in the Park. Authorizes the Secretary of the Interior to acquire lands or interests within the Park's boundaries and approximately 18,200 acres of land in San Benito County, California, known as the Rock Springs Ranch Tract. Redesignates the Pinnacles Wilderness as the Hain Wilderness. Designates specified lands comprising approximately 2,715 acres as wilderness and as a component of the National Wilderness Preservation System and includes such lands in the Hain Wilderness.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyberterrorism Preparedness Act of 2002''. SEC. 2. GRANT FOR PROGRAM FOR PROTECTION OF INFORMATION INFRASTRUCTURE AGAINST DISRUPTION. (a) In General.--The National Institute of Standards and Technology shall, using amounts authorized to be appropriated by section 5, award a grant to a qualifying nongovernmental entity for purposes of a program to support the development of appropriate cybersecurity best practices, support long-term cybersecurity research and development, and perform functions relating to such activities. The purpose of the program shall be to provide protection for the information infrastructure of the United States against terrorist or other disruption or attack or other unwarranted intrusion. (b) Qualifying Nongovernmental Entity.--For purposes of this section, a qualifying nongovernmental entity is any entity that-- (1) is a nonprofit, nongovernmental consortium composed of at least three academic centers of expertise in cybersecurity and at least three private sector centers of expertise in cybersecurity; (2) has a board of directors of at least 12 members who include senior administrators of academic centers of expertise in cybersecurity and senior managers of private sector centers of expertise in cybersecurity and of whom not more than one third are affiliated with the centers comprising the consortium; (3) is operated by individuals from academia, the private sector, or both who have-- (A) a demonstrated expertise in cybersecurity; and (B) the capacity to carry out the program required under subsection (g); (4) has in place a set of rules to ensure that conflicts of interest involving officers, employees, and members of the board of directors of the entity do not undermine the activities of the entity; (5) has developed a detailed plan for the program required under subsection (g); and (6) meets any other requirements established by the National Institute of Standards and Technology for purposes of this Act. (c) Application.--Any entity seeking a grant under this section shall submit to the National Institute of Standards and Technology an application therefor, in such form and containing such information as the National Institute for Standards and Technology shall require. (d) Selection of Grantee.--The entity awarded a grant under this section shall be selected after full and open competition among qualifying nongovernmental entities. (e) Dispersal of Grant Amount.--Amounts available for the grant under this section pursuant to the authorization of appropriations in section 5 shall be dispersed on a fiscal year basis over the five fiscal years beginning with fiscal year 2003. (f) Consultation.--In carrying out activities under this section, including selecting an entity for the award of a grant, dispersing grant amounts, and overseeing activities of the entity receiving the grant, the National Institute of Standards and Technology-- (1) shall consult with an existing interagency entity, or new interagency entity, consisting of the elements of the Federal Government having a substantial interest and expertise in cybersecurity and designated by the President for purposes of this Act; and (2) may consult separately with any such element of the Federal Government. (g) Program Using Grant Amount.-- (1) In general.--The entity awarded a grant under this section shall carry out a national program for the purpose of protecting the information infrastructure of the United States against disruption. The program shall consist of-- (A) multi-disciplinary research and development to identify appropriate cybersecurity best practices, to measure the effectiveness of cybersecurity best practices that are put into use, and to identify sound means to achieve widespread use of appropriate cybersecurity best practices that have proven effective; (B) multi-disciplinary, long-term, or high-risk research and development (including associated human resource development) to improve cybersecurity; and (C) the activities required under paragraphs (3) and (4). (2) Conduct of research and development.-- (A) In general.--Except as provided in subparagraph (B), research and development under subparagraphs (A) and (B) of paragraph (1) shall be carried out using funds and other support provided by the grantee to entities selected by the grantee after full and open competition among entities determined by the grantee to be qualified to carry out such research and development. (B) Conduct by grantee.--The grantee may carry out research and development referred to in subparagraph (A) in any fiscal year using not more than 15 percent of the amount dispersed to the grantee under this Act in such fiscal year by the National Institute of Standards and Technology. (3) Recommendations on cybersecurity best practices.-- (A) Recommendations.--Not later than 18 months after the selection of the grantee under this section, the grantee shall prepare a report containing recommendations for appropriate cybersecurity best practices. (B) Updates.--The grantee shall update the recommendations made under subparagraph (A) not less often than once every six months, and may update any portion of such recommendations more frequently if the grantee determines that circumstances so require. (C) Considerations.--In making recommendations under subparagraph (A), and any update of such recommendations under subparagraph (B), the grantee shall-- (i) review the most current cybersecurity best practices identified by the National Institute of Standards and Technology under section 3(a); and (ii) consult with-- (I) the entities carrying out research and development under paragraph (1)(A); (II) entities employing cybersecurity best practices; and (III) a wide range of academic, private sector, and public entities. (D) Dissemination.--The grantee shall submit the report under subparagraph (A), and any update of the report under paragraph (B), to the bodies and officials specified in paragraph (5), and shall widely disseminate the report, and any such update, among government (including State and local government), private, and academic entities. (4) Activities relating to widespread use of cybersecurity best practices.-- (A) In general.--Not later than two years after the selection of the grantee under this section, the grantee shall submit to the bodies and officials specified in paragraph (5) a report containing-- (i) an assessment of the advisability of requiring the contractors and grantees of the Federal Government to use appropriate cybersecurity best practices; and (ii) recommendations for sound means to achieve widespread use of appropriate cybersecurity best practices that have proven effective. (B) Report elements.--The report under subparagraph (A) shall set forth-- (i) whether or not the requirement described in subparagraph (A)(i) is advisable, including whether the requirement would impose undue or inappropriate burdens, or other inefficiencies, on contractors and grantees of the Federal Government; (ii) if the requirement is determined advisable-- (I) whether, and to what extent, the requirement should be subject to exceptions or limitations for particular contractors or grantees, including the types of contractors or grantees and the nature of the exceptions or limitations; and (II) which cybersecurity best practices should be covered by the requirement and with what, if any, exceptions or limitations; and (iii) any other matters that the grantee considers appropriate. (5) Specified bodies and officials.--The bodies and officials specified in this paragraph are as follows: (A) The appropriate committees of Congress. (B) The President. (C) The Director of the Office of Management and Budget. (D) The National Institute of Standards and Technology. (E) The interagency entity designated by the President under subsection (f)(1). (h) Grant Administration.-- (1) Use of grant competition and management systems.--The National Institute of Standards and Technology may permit the entity awarded the grant under this section to utilize the grants competition system and grants management system of the National Institute of Standards and Technology for purposes of the efficient administration of activities by the entity under subsection (g). (2) Rules.--The National Institute of Standards and Technology shall establish any rules and procedures that the National Institute of Standards and Technology considers appropriate to further the purposes of this section. Such rules may include provisions relating to the ownership of any intellectual property created by the entity awarded the grant under this section or funded by the entity under subsection (g). (i) Supplement Not Supplant.--The National Institute of Standards and Technology shall take appropriate actions to ensure that activities under this section supplement, rather than supplant, other current governmental and nongovernmental efforts to protect the information infrastructure of the United States. SEC. 3. APPROPRIATE CYBERSECURITY BEST PRACTICES FOR THE FEDERAL GOVERNMENT. (a) NIST Recommendations.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the National Institute of Standards and Technology shall submit to the bodies and officials specified in subsection (e) a report that-- (A) identifies appropriate cybersecurity best practices that could reasonably be adopted by the departments and agencies of the Federal Government over the 24-month period beginning on the date of the report; and (B) sets forth proposed demonstration projects for the adoption of such best practices by various departments and agencies of the Federal Government beginning 90 days after the date of the report. (2) Updates.--The National Institute of Standards and Technology may submit to the bodies and officials specified in subsection (e) any updates of the report under paragraph (1) that the National Institute of Standards and Technology consider appropriate due to changes in circumstances. (3) Consultation.--In preparing the report under paragraph (1), and any updates of the report under paragraph (2), the National Institute of Standards and Technology shall consult with departments and agencies of the Federal Government having an interest in the report and such updates, and with academic centers of expertise in cybersecurity and private sector centers of expertise in cybersecurity. (b) Demonstration Projects for Implementation of Recommendations.-- (1) In general.--Commencing not later than 90 days after receipt of the report under subsection (a), the President shall carry out the demonstration projects set forth in the report, including any modification of any such demonstration project that the President considers appropriate. (2) Updates.--If the National Institute of Standards and Technology updates under subsection (a)(2) any recommendation under subsection (a)(1)(A) that is relevant to a demonstration project under paragraph (1), the President shall modify the demonstration project to take into account such update. (3) Report.--Not later than nine months after commencement of the demonstration projects under this subsection, the President shall submit to the appropriate committees of Congress a report on the demonstration projects. The report shall set forth the following: (A) An assessment of the extent to which the adoption of appropriate cybersecurity best practices by departments and agencies of the Federal Government under the demonstration projects has improved cybersecurity at such departments and agencies. (B) An assessment whether or not the adoption of appropriate cybersecurity best practices by departments and agencies of the Federal Government under the demonstration projects has affected the capability of such departments and agencies to carry out their missions. (C) A description of the cost of the adoption of appropriate cybersecurity best practices by departments and agencies of the Federal Government under the demonstration projects. (D) A description of a security-enhancing, missions-compatible, cost-effective program, to the extent such program is feasible, for the adoption of appropriate cybersecurity best practices government- wide. (E) Any other matters that the President considers appropriate. (c) Adoption of Cybersecurity Best Practices Government-Wide.--The President shall implement a program for the adoption of appropriate cybersecurity best practices government-wide commencing not later than six months after the date of the report. (d) Incorporation of Recommendations.--If during the development or implementation of the program under subsection (c) the President receives any recommendations under paragraph (3) or (4) of section 3(g), the President shall modify the program in order to take into account such recommendations. (e) Specified Bodies and Officials.--The bodies and officials specified in this subsection are as follows: (1) The appropriate committees of Congress. (2) The President. (3) The Director of the Office of Management and Budget. (4) The interagency entity designated by the President under section 3(f)(1). SEC. 4. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science of the House of Representatives. (2) Cybersecurity.--The term ``cybersecurity'' means information assurance, including information security, information technology disaster recovery, and information privacy. (3) Cybersecurity best practice.--The term ``cybersecurity best practice'' means a computer hardware or software configuration, information system design, operational procedure, or measure, structure, or method that most effectively protects computer hardware, software, networks, or network elements against an attack that would cause harm through the installation of unauthorized computer software, saturation of network traffic, alteration of data, disclosure of confidential information, or other means. (4) Appropriate cybersecurity best practice.--The term ``appropriate cybersecurity best practice'' means a cybersecurity best practice that-- (A) permits, as needed, customization or expansion for the computer hardware, software, network, or network element to which the best practice applies; (B) takes into account the need for security protection that balances-- (i) the risk and magnitude of harm threatened by potential attack; and (ii) the cost of imposing security protection; and (C) takes into account the rapidly changing nature of computer technology. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated for the National Institute of Standards and Technology for purposes of activities under this Act, amounts as follows: (1) For fiscal year 2003, $70,000,000. (2) For each of the fiscal years 2004 through 2007, such sums as may be necessary.
Cyberterrorism Preparedness Act of 2002 - Directs the National Institute of Standards and Technology (NIST) to award a grant to a qualifying nongovernmental entity to conduct a program to support the development of appropriate cybersecurity best practices, long-term cybersecurity research and development, and related activities. Funds such grants for five fiscal years beginning with 2003. Requires the entity awarded a grant to: (1) carry out a national program to protect the U.S. information infrastructure against disruption; and (2) make recommendations for appropriate cybersecurity best practices and to update such recommendations every six months.Requires: (1) NIST to recommend to specified bodies and officials appropriate cybersecurity best practices for the Government; and (2) the President to carry out demonstration projects for the adoption of such practices.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Correcting Obstructions to Mediate, Prevent, and Limit Inaccessibility Act'' or the ``COMPLI Act''. SEC. 2. NOTICE AND COMPLIANCE OPPORTUNITY UNDER THE AMERICANS WITH DISABILITIES ACT. Section 308(a)(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(a)(1)) is amended-- (1) by striking ``procedures.--'' and all that follows through ``The'', and inserting the following: ``procedures.-- ``(A) In general.--Subject to subparagraph (B), the''; and (2) by adding at the end the following: ``(B) Notice and compliance opportunity.--A civil action for discrimination described in section 302(b)(2) may not be commenced by a person aggrieved by such discrimination unless-- ``(i) such person has provided to the owner or operator of such accommodation a written notice by certified mail specific enough to allow such owner or operator to identify such barrier; ``(ii) such notice shall include the date and time that such person was denied access to the public accommodation as a result of the barrier; ``(iii) such notice specifies that the owner or operator has 90 days to remove the barrier or correct the violation before a civil action will be brought; ``(iv) such owner or operator failed to remove such barrier or correct such violation within 90 days beginning on the date such notice was received; ``(v) the civil action states that the person bringing the action has notified the owner or operator against whom the action is brought of the violation as required under this subparagraph and such owner or operator has not corrected the alleged violation within the 90- day period; and ``(vi) the person filing the civil action has refrained from sending any demand letter (other than the notice described in this subparagraph), request for settlement, or other communication to the owner or operator of such accommodation during such 90-day period. ``(C) Notification of corrective action.-- ``(i) In general.--An owner or operator of a public accommodation who is provided notice described in subparagraph (B) shall provide reasonable notification to the public of the alleged violation that is the subject of the notice and of the steps being taken by such owner or operator to remedy the basis for such alleged violation. ``(ii) Penalty for noncompliance.--An owner or operator who does not provide such notification to the public within 15 days after receiving notice of the alleged violation shall not be entitled to the 90-day period to remove the barrier or correct the violation as set forth in subparagraph (B) and a civil action for discrimination described in section 302(b)(2) based on the alleged violation may be commenced immediately after such 15 days. ``(D) Good faith effort.-- ``(i) Additional 30 days.--An owner or operator of a public accommodation who is provided notice described in subparagraph (B) who demonstrates a good faith effort to remove such barrier or correct such violation but is not able to do so within the 90-day period provided shall be entitled to an additional 30 days to comply with such requirements. ``(ii) Factors.--Factors indicating such a good faith effort include that the owner or operator of a public accommodation-- ``(I) has secured the requisite construction permits to start the renovation necessary to remove the barrier or correct the violation; ``(II) has hired contractors to complete such construction and has secured an estimate from the contractor for the date of completion for such renovation; or ``(III) has begun any necessary construction and has worked to minimize delays and complete the required renovation. ``(E) Limitations.-- ``(i) Additional actions.--No civil action for discrimination under section 302(b)(2) may be commenced-- ``(I) during the 90-day period described in subparagraph (B) or, where applicable, the additional 30-day period described in subparagraph (D)(i); or ``(II) while a civil action relating to the same violation is pending. ``(ii) Damages.--In an action described in this paragraph any damages awarded shall be limited to a plaintiff who was actually denied access to or reasonable use of the public accommodation that is the subject of such action.''. SEC. 3. REPORT ON HIGH-FREQUENCY LITIGATORS. Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report to Congress that analyzes the impact of the notice and compliance opportunity afforded under section 308(a)(1)(B), as added by this Act. The report shall include-- (1) a determination of the number of persons in each State who have filed 10 or more actions alleging a violation described in section 302(b)(2) of the Americans with Disabilities Act of 1990 within any 12-month period after the date of enactment of this Act; (2) an analysis on whether the notice and compliance opportunity has had an effect on the number of actions commenced alleging such a violation; (3) an analysis on whether the notice and compliance opportunity has impacted an individual's ability to bring a legitimate good-faith accessibility claim under such section; and (4) recommendations on whether a cap on recoverable attorneys fees would reduce the number of such actions brought by individual plaintiffs.
Correcting Obstructions to Mediate, Prevent, and Limit Inaccessibility Act or the COMPLI Act This bill amends the Americans with Disabilities Act of 1990 to prohibit persons aggrieved by certain public accommodation violations from commencing a civil action for discrimination unless they: (1) provide the owner or operator of the accommodation with a written notice that is specific enough to identify the violation; (2) specify in the notice that the owner or operator has 90 days to remove or correct the violation before an action will be brought; and (3) refrain from sending demand letters, requests for settlement, or other communications to the owner or operator during such 90-day period. An owner or operator of a public accommodation who is provided such a notice must notify the public of the alleged violation and the steps being taken to remedy it. Owners or operators are entitled to an additional 30 days to comply if they make a good faith effort but are unable to correct the violation within the original 90-day period. A civil action for discrimination based on such a violation may not be commenced while a civil action relating to the same violation is pending.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Disabled Veterans Life Insurance Enhancement Act of 2005''. SEC. 2. REDUCTION IN PREMIUMS UNDER SERVICE-DISABLED VETERANS INSURANCE PROGRAM. Section 1922(a) of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by striking the fourth sentence and all that follows and inserting the following: ``(2) Insurance granted under this section shall be issued upon the same terms and conditions as are contained in the standard policies of National Service Life Insurance, except that-- ``(A) the amount of such insurance shall be $50,000, or such lesser amount, evenly divisible by $10,000, as the insured may specify; ``(B) the premium rates for such insurance-- ``(i) for premiums for months beginning before the date of the enactment of the Disabled Veterans Life Insurance Enhancement Act of 2005 shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2\1/4\ percent per year; and ``(ii) for premiums for months beginning on or after that date shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality and interest at the rate of 4\1/2\ percent per year; ``(C) all cash, loan, paid-up, and extended values-- ``(i) for a policy issued under this section before the date of the enactment of the Disabled Veterans Life Insurance Enhancement Act of 2005 shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2\1/4\ percent per year; and ``(ii) for a policy issued under this section on or after that date shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality and interest at the rate of 4\1/2\ percent per year; ``(D) all settlements on policies involving annuities shall be calculated on the basis of the Annuity Table for 1949, and interest at the rate of 2\1/4\ percent per year; ``(E) insurance granted under this section shall be on a nonparticipating basis; ``(F) all premiums and other collections for insurance under this section shall be credited directly to a revolving fund in the Treasury of the United States; and ``(G) any payments on such insurance shall be made directly from such fund. ``(3) Appropriations to the fund referred to in subparagraphs (F) and (G) of paragraph (2) are hereby authorized. ``(4) As to insurance issued under this section, waiver of premiums pursuant to section 602(n) of the National Service Life Insurance Act of 1940 and section 1912 of this title shall not be denied on the ground that the service-connected disability became total before the effective date of such insurance.''. SEC. 3. INCREASE TO $200,000 IN MAXIMUM COVERAGE UNDER VETERANS' MORTGAGE LIFE INSURANCE PROGRAM. (a) Increase.--Subsection (b) of section 2106 of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by designating the second, third, and fourth sentences as paragraphs (2), (3), and (4), respectively; (3) in paragraph (1), as designated by paragraph (1) of this subsection, by striking ``may not exceed'' and all that follows through ``on the housing unit.'' and inserting ``shall be the amount of the loan outstanding on the housing unit, except that-- ``(A) coverage may not exceed $200,000; and ``(B) a veteran may elect, in writing, to be covered for less than the maximum coverage available.''; and (4) in paragraph (2), as designated by paragraph (2) of this subsection, by striking ``of such insurance'' and inserting ``of insurance provided a veteran under this section''. (b) Conforming Amendment.--Subsection (g) of such section is amended by striking ``of this section or'' and inserting ``or an election under that subsection or by''. (c) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 120-day period beginning on the date of the enactment of this Act. SEC. 4. INCLUSION OF STILL-BORN CHILDREN IN DEPENDENT-COVERAGE UNDER SERVICEMEMBERS GROUP LIFE INSURANCE PROGRAM. (a) Coverage of Still-Born Children.--Section 1965(10) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(C) The member's natural child from the fetal gestational age of 20 weeks (or from a fetal weight of 450 grams if gestational age cannot be determined), other than a case in which there is an induced termination of pregnancy.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as of November 1, 2001.
Disabled Veterans Life Insurance Enhancement Act of 2005 - Amends Federal provisions concerning service-disabled veterans' life insurance to make the amount of such insurance $50,000, or such lesser amount evenly divisible by $10,000. States that the premium rates for such insurance for months beginning: (1) before the date of enactment of this Act shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of two and one-fourth percent per year; and (2) on or after the date of enactment of this Act shall be based upon such Table at a four and one-half percent interest rate. Makes the same changes with respect to all policy cash, loan, paid-up, and extended values. Increases from $90,000 to $200,000 the maximum amount of veterans' mortgage life insurance coverage. Includes still-born children within dependent coverage under the Servicemembers Group Life Insurance program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Responsibility for our Economy Act of 2011''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``agency'' means any authority of the United States that is-- (A) an agency as defined under section 3502(1) of title 44, United States Code; and (B) shall include an independent regulatory agency as defined under section 3502(5) of title 44, United States Code; (2) the term ``regulation''-- (A) means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency; and (B) shall not include-- (i) regulations issued in accordance with the formal rulemaking provisions of sections 556 and 557 of title 5, United States Code; (ii) regulations that pertain to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services; or (iii) regulations that are limited to agency organization, management, or personnel matters; (3) the term ``regulatory action'' means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking; and (4) the term ``significant regulatory action'' means any regulatory action that is likely to result in a regulation that may-- (A) have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (B) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligation of recipients thereof; (D) add to the national debt; or (E) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Act. SEC. 3. AGENCY REQUIREMENTS. (a) Federal Regulatory System.--The Federal regulatory system shall-- (1) protect the public health, welfare, safety, and the environment of the United States, especially those promoting economic growth, innovation, competitiveness, and job creation; (2) be based on the best available science and information; (3) allow for public participation and an open exchange of ideas; (4) promote predictability and reduce uncertainty, including adherence to a clearly articulated timeline for the release of regulatory documents at all stages of the regulatory process; (5) identify and use the best, most innovative, and least burdensome tools for achieving regulatory ends; (6) take into account benefits and costs, both quantitative and qualitative; (7) ensure that regulations are accessible, consistent, written in plain language, and easy to understand; and (8) measure, and seek to improve, the actual results of regulatory requirements. (b) Requirements.--Each agency shall-- (1) propose or adopt a regulation only upon a reasoned determination that the benefits of the regulation justify the costs of the regulation to the extent permitted by law; (2) tailor regulations of the agency to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits, including potential economic, environmental, public health and safety, and other advantages, distributive impacts, and equity; (4) specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities are required to adopt; (5) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public; and (6) use the best available techniques to quantify anticipated present and future benefits and costs. SEC. 4. PUBLIC PARTICIPATION. (a) In General.--Regulations shall be-- (1) adopted through a process that involves public participation; and (2) based, to the extent consistent with law, on the open exchange of information and perspectives among State, local, and tribal officials, experts in relevant disciplines, affected stakeholders in the private sector, and the public as a whole. (b) Opportunity To Participate.--Each agency shall-- (1) provide the public with an opportunity to participate in the regulatory process; (2) as authorized by law, afford the public a meaningful opportunity to comment through the Internet on any proposed regulation, with a comment period that shall begin on the date on which the proposed regulation is published in the Federal Register and be not less than 60 days, unless the relevant regulation is designated by the Administrator of the Office of Information and Regulatory Affairs to be an emergency rule; (3) provide, for both proposed and final rules, timely online access to the rulemaking docket on regulations.gov, including relevant scientific and technical findings, in an open format that can be easily searched and downloaded; and (4) for proposed rules, provide access to include, to the extent permitted by law, an opportunity for public comment on all pertinent parts of the rulemaking docket, including relevant scientific and technical findings. (c) Seeking Affected Parties.--Before issuing a notice of proposed rulemaking, each agency shall, where appropriate, seek the views of those who are likely to be affected, including those who are likely to benefit from and those who are potentially subject to such rulemaking. (d) Delay of Implementation.-- (1) In general.--An agency shall delay implementation of an interim final rule until final disposition of a challenge is entered by a court in the United States, if-- (A) the agency excepted the rule from notice and public procedure under section 553(b)(B) of title 5, United States Code; and (B) the agency exception of the rule described under paragraph (1) is challenged in a court in the United States. (2) Length of delay.--If implementation of an interim final rule is delayed under paragraph (1), the delay shall continue until a final disposition of the challenge is entered by the court. SEC. 5. INTEGRATION AND INNOVATION. (a) Findings.--Congress finds that-- (1) some sectors and industries face a significant number of regulatory requirements, some of which may be redundant, inconsistent, or overlapping; and (2) greater coordination across agencies should reduce these requirements, thus reducing costs and simplifying and harmonizing rules. (b) Promotion of Innovation.--In developing regulatory actions and identifying appropriate approaches, each agency shall-- (1) promote coordination, simplification, and harmonization; and (2) identify means to achieve regulatory goals that are designed to promote innovation. SEC. 6. FLEXIBLE APPROACHES. (a) In General.--Each agency shall identify and consider regulatory approaches that reduce burdens, especially economic burdens, and maintain flexibility and freedom of choice for the public. (b) Contents.--The approaches described under subsection (a) shall include warnings, appropriate default rules, disclosure requirements, and the provision of information to the public in a form that is clear and intelligible. SEC. 7. SCIENCE. Each agency shall ensure the objectivity of any scientific and technological information and processes used to support the regulatory actions of the agency. SEC. 8. RETROSPECTIVE ANALYSES OF EXISTING RULES. (a) Retrospective Analyses.-- (1) In general.--To facilitate the periodic review of existing significant regulatory actions, agencies shall consider how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal such regulations in accordance with what has been learned. (2) Agreement.--Once every 5 years, each agency may enter into an agreement with a qualified private organization to conduct the retrospective analysis described in paragraph (1) of the agency. (3) Publication online.--Any retrospective analyses conducted under this subsection, including supporting data, shall be published online. (b) Agency Plans.-- (1) Plan.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, each agency shall develop and submit to the appropriate congressional committees a preliminary plan for reviewing significant regulatory actions issued by the agency, consistent with law, under which the agency shall review its existing significant regulatory actions once every 5 years to determine whether such regulations should be modified, streamlined, expanded, or repealed so as to make the regulatory program of the agency more effective or less burdensome in achieving the regulatory objectives. (B) Repeal.--If the plan described in subparagraph (A) includes suggestions for needed repeals a timeline for such repeals shall also be included in the plan. (2) Report.--Upon completion of a review under a plan submitted under paragraph (1), each agency shall submit to the appropriate congressional committees a report that-- (A) describes the outcome of the review, including which regulations were modified, streamlined, expanded, or repealed; (B) describes the reasons for the modifications, streamlining, expansions, or repeals described in subparagraph (A); and (C) in any case where an agency did not take action, describes the reasons why the agency did not take action to modify, streamline, expand, or repeal any significant regulatory actions.
Regulatory Responsibility for our Economy Act of 2011 - Sets forth general requirements for the federal regulatory system, including the protection of public health, welfare, safety, and the environment, the promotion of predictability in the regulatory process, and the consideration of benefits and costs of regulations. Requires federal agencies to: (1) propose or adopt regulations only upon a reasoned determination that the benefits of such regulations justify their costs; (2) tailor regulations to impose the least burden on society and to maximize economic and other benefits; (3) involve the public and parties affected by regulations in the regulatory process; (4) develop regulatory actions that promote innovation, flexibility, and objectivity; and (5) consider methods to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and develop plans for reviewing on a periodic basis significant regulation actions (i.e., those having an annual effect on the economy of $100 million or more or otherwise adversely affecting the economy).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Health Care Purchasing Cooperatives Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Health care spending in the United States has reached 13 percent of the Gross Domestic Product of the United States, yet 42,500,000 people, or 15.5 percent of the population, remains uninsured. (2) After nearly a decade of manageable increases in commercial insurance premiums, many employers are now faced with consecutive years of double digit premium increases. (3) Purchasing cooperatives owned by participating businesses are a proven method of achieving the bargaining power necessary to manage the cost and quality of employer- sponsored health plans and other employee benefits. (4) The Employer Health Care Alliance Cooperative has provided its members with health care purchasing power through provider contracting, data collection, activities to enhance quality improvements in the health care community, and activities to promote employee health care consumerism. (5) According to the National Business Coalition on Health, there are more than 90 employer-led coalitions across the United States that collectively purchase health care, proactively challenge high costs and the inefficient delivery of health care, and share information on quality. These coalitions represent over 7,000 employers and approximately 34,000,000 employees. (b) Purpose.--It is the purpose of this Act to build off of successful local employer-led health insurance initiatives by improving the value of their employees health care. SEC. 3. GRANTS TO SELF INSURED BUSINESSES TO FORM HEALTH CARE COOPERATIVES. (a) Authorization.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Director of the Agency for Healthcare Research and Quality, is authorized to award grants to eligible groups who meet the criteria described in subsection (d), for the development of health care purchasing cooperatives. Such grants may be used to provide support for the professional staff of such cooperatives, and to obtain contracted services for planning, development, and implementation activities for establishing such health care purchasing cooperatives. (b) Eligible Group Defined.-- (1) In general.--For purposes of this section the term ``eligible group'' means a consortia of-- (A) two or more self-insured employers each of which are responsible for their own health insurance risk pool with respect to their employees; or (B) two or more employers each of which-- (i) have 99 employees or less; and (ii) are purchasers of health insurance (are not self-insured) for their employees. (2) No transfer of risk.--Individual employers who are members of an eligible group may not transfer insurance risk to such group. (c) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (d) Criteria.-- (1) Feasibility study grants.-- (A) In general.--An eligible group may submit an application under subsection (c) for a grant to conduct a feasibility study concerning the establishment of a health insurance purchasing cooperative. The Secretary shall approve applications submitted under the preceding sentence if the study will consider the criteria described in paragraph (2). (B) Report.--After completion of a feasibility study under a grant under this section, an eligible group shall submit to the Secretary a report describing the results of such study. (2) Grant criteria.--The criteria described in this paragraph include the following with respect to the eligible group: (A) The ability of the group to effectively pool the health care purchasing power of employers. (B) The ability of the group to provide data to employers to enable such employers to make data-based decisions regarding their health plans. (C) The ability of the group to drive quality improvement in the health care community. (D) The ability of the group to promote health care consumerism through employee education, self-care, and comparative provider performance information. (E) The ability of the group to meet any other criteria determined appropriate by the Secretary. (e) Cooperative Grants.--After the submission of a report by an eligible group under subsection (d)(1)(B), the Secretary shall determine whether to award the group a grant for the establishment of a cooperative under subsection (a). In making a determination under the preceding sentence, the Secretary shall consider the criteria described in subsection (d)(2) with respect to the group. (f) Cooperatives.-- (1) In general.--An eligible group awarded a grant under subsection (a) shall establish or expand a health insurance purchasing cooperative that shall-- (A) be a nonprofit organization; (B) be wholly owned, and democratically governed by its member-employers; (C) exist solely to serve the membership base; (D) be governed by a board of directors that is democratically elected by the cooperative membership using a 1-member, 1-vote standard; and (E) accept any new member in accordance with specific criteria, including a limitation on the number of members, determined by the Secretary. (2) Authorized cooperative activities.--A cooperative established under paragraph (1) shall-- (A) assist the members of the cooperative in pooling their health care insurance purchasing power; (B) provide data to improve the ability of the members of the cooperative to make data-based decisions regarding their health plans; (C) conduct activities to enhance quality improvement in the health care community; (D) the ability of the group to promote health care consumerism through employee education, self-care, and comparative provider performance information; and (E) conduct any other activities determined appropriate by the Secretary. (g) Review.-- (1) In general.--Not later than 1 year after the date on which grants are awarded under this section, and every 2 years thereafter, the Secretary shall study programs funded by grants under this section and provide to the appropriate committees of Congress a report on the progress of such programs in improving the access of employees to quality, affordable health insurance. (2) Sliding scale funding.--The Secretary shall use the information included in the report under paragraph (1) to establish a schedule for scaling back payments under this section with the goal of ensuring that programs funded with grants under this section are self sufficient within 10 years. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. From the administrative funds provided to the Secretary of Health and Human Services, the Secretary may use not more than a total of $60,000,000 for fiscal years 2003 through 2012 to carry out this Act.
Promoting Health Care Purchasing Cooperatives Act - Authorizes the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, to award grants for the development of health care purchasing cooperatives by two or more employers. Includes employers who self-insure as well as those with fewer than 100 employees who purchase insurance.Permits the use of funds for professional staff support and the conduct of a feasibility study.Requires the Secretary to determine a group's eligibility for a grant to establish or expand a cooperative based upon the report of the feasibility study. Requires cooperatives to: (1) be nonprofit; (2) be wholly owned and governed by its member-employees; (3) assist members in pooling their health care insurance purchasing power; and (4) provide data and activities to improve the quality of health care decision-making.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Point Reyes National Seashore Farmland Protection Act of 1997''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) protect the pastoral nature of the land adjacent to the Point Reyes National Seashore from development that would be incompatible with the character, integrity, and visitor experience of the park; (2) create a model public/private partnership among the Federal, State, and local governments, as well as organizations and citizens that will preserve and enhance the historic agricultural lands along Tomales and Bodega Bay Watersheds; (3) protect the substantial Federal investment in Point Reyes National Seashore by furnishing watershed and environmental protection and maintaining the relatively undeveloped nature of the land surrounding Tomales and Bodega Bays; and (4) preserve productive long-term agriculture and aquaculture in Marin and Sonoma Counties, primarily by maintaining the land in private ownership restricted by conservation easements. SEC. 3. ADDITION OF FARMLAND PROTECTION AREA TO POINT REYES NATIONAL SEASHORE AND ACQUISITION OF DEVELOPMENT RIGHTS. (a) Addition.--Section 2 of the Act entitled ``An Act to establish the Point Reyes National Seashore in the State of California, and for other purposes'' (16 U.S.C. 459c-1) is amended by adding at the end the following: ``(c) The Point Reyes National Seashore shall also include the Farmland Protection Area depicted on the map numbered 612/60,163 and dated July, 1995. Such map shall be on file and available for public inspection in the Offices of the National Park Service, Department of the Interior, Washington, District of Columbia. ``(d) Within the Farmland Protection Area depicted on the map referred to in section 2(c) of this Act the primary objective shall be to maintain agricultural land in private ownership protected from nonagricultural development by conservation easements.'' (b) Authority for Farmland Acquisition and Management.--Section 3 of such Act (16 U.S.C. 459c-2) is amended by adding at the end the following: ``(d)(1) Notwithstanding subsections (a) through (c) of this section, the Secretary, to encourage continued agricultural use, may acquire lands or interests in lands from the owners of such lands within the Farmland Protection Area depicted on the map referred to in section 2(c) of this Act. Except as provided in paragraph (3), lands and interests in lands may only be acquired under this subsection by donation, purchase with donated or appropriated funds, or exchange. Lands acquired under this subsection by exchange may be exchanged for lands located outside of the State of California, notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). ``(2)(A) The Secretary shall give priority to (i) acquiring interests in lands through the purchase of development rights and conservation easements, (ii) acquiring lands and interests therein from nonprofit corporations operating primarily for conservation purposes, and (iii) acquiring lands and interests therein by donation or exchange. ``(B) The Secretary shall not acquire any conservation easements on land within the Farmland Protection Area from nonprofit organizations which were acquired by such nonprofit organizations prior to January 1, 1997. ``(C) For the purpose of managing, in the most cost effective manner, interests in lands acquired under this subsection, and for the purpose of maintaining continuity with lands that have existing easements, the Secretary shall enter into cooperative agreements with public agencies or nonprofit organizations having substantial experience holding, monitoring, and managing conservation easements on agricultural land in the region, such as the Marin Agricultural Land Trust, the Sonoma County Agricultural Preservation and Open Space District, and the Sonoma Land Trust. ``(3)(A) Within the boundaries of the Farmland Protection Area depicted on the map referred to in section 2(c), absent an acquisition of privately owned lands or interests therein by the United States, nothing in this Act shall authorize any Federal agency or official to regulate the use or enjoyment of privately owned lands, including lands currently subject to easements held by the Marin Agricultural Land Trust, the Sonoma County Agricultural Preservation and Open Space District, and the Sonoma Land Trust, and such privately owned lands shall continue under the jurisdiction of the State and political subdivisions within which they are located. ``(B) The Secretary may permit, or lease, lands acquired in fee under this subsection. Any such permit or lease shall be subject to such conditions and restrictions as the Secretary deems necessary to assure the continued agricultural use of such lands in a manner compatible with the purposes of the Point Reyes National Seashore Farmland Protection Act of 1997. Notwithstanding any other provision of law, revenues derived from any such permit, or lease, may be retained by the Secretary, and such revenues shall be available, without further appropriation, for expenditure to further the goals and objectives of agricultural preservation within the boundaries of the area depicted on the map referred to in section 2(c). ``(C) Lands, and interests in lands, within the area depicted on the map referred to in section 2(c) of this Act which are owned by the State of California, or any political subdivision thereof, may be acquired only by donation or exchange. ``(4) Section 5 shall not apply with respect to lands and interests in lands acquired under this subsection.''. (c) Authorization of Appropriations.--Section 9 of such Act (16 U.S.C. 459c-7) is amended by adding at the end the following: ``In addition to the sums authorized to be appropriated by this section before the enactment of the Point Reyes National Seashore Farmland Protection Act of 1997, there is authorized to be appropriated $30,000,000 to be used on a matching basis to acquire lands and interests in lands under section 3(d). The Federal share of the costs for acquiring land and interests in lands under section 3(d) shall be one half of the total costs of such acquisition. The non-Federal share of such acquisition costs may be in the form of property, monies, services, or in-kind contributions, fairly valued. For such purposes, any lands or interests in lands that are within the boundaries of the area depicted on the map referred to in section 2(c), that are currently held under a conservation easement by the Marin Agricultural Land Trust, the Sonoma County Agricultural Preservation and Open Space District, the Sonoma Land Trust, or any other land protection agency or by the State of California or any political subdivision thereof shall be considered a matching contribution from non-Federal sources in an amount equal to the fair market value of such lands or interests in land, as determined by the Secretary.''.
Point Reyes National Seashore Farmland Protection Act of 1997 - Amends Federal law to include the Farmland Protection Area in the Point Reyes National Seashore, California, with the primary objective being to protect private agricultural land from nonagricultural development by conservation easements. Authorizes the Secretary of Agriculture to make farmland acquisitions within the Area. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be referred to as the ``Manufacturing Jobs for Veterans Act''. SEC. 2. VETERANS MANUFACTURING EMPLOYMENT PROGRAM. (a) Establishment of Pilot Program.--To encourage the employment of eligible veterans in manufacturing, the Secretary of Labor, as part of the Veteran's Workforce Investment Program, shall carry out a pilot program to be known as the ``Veterans Manufacturing Employment Program''. Under the pilot program, the Secretary shall award competitive grants to three States for the establishment and administration of a State program to make grants to manufacturing employers and labor-management organizations that provide covered training, on-job training, apprenticeships, and certification classes to eligible veterans. Such a program shall be known as a ``State Manufacturing Employment Program''. (b) Eligibility for Grants.--To be eligible to receive a grant under the pilot program, a State shall submit to the Secretary an application that includes each of the following: (1) A proposal for the expenditure of grant funds to establish and administer a public-private partnership program designed to provide covered training, on-job training, apprenticeships, and certification classes to a significant number of eligible veterans and ensure lasting and sustainable employment in well-paying jobs in manufacturing. (2) Evidence that the State has-- (A) a population of eligible veterans of an appropriate size to carry out the State program; (B) a robust and diverse manufacturing industry; and (C) the ability to carry out the State program described in the proposal under paragraph (1). (3) Such other information and assurances as the Secretary may require. (c) Use of Funds.--A State that is the recipient of a grant under this section shall use the grant for the following purposes: (1) Making grants to manufacturing employers and labor- management organizations to reimburse such employers and organizations for the cost of providing covered training, on- job training, apprenticeships, and certification classes to eligible veterans. (2) Conducting outreach to inform manufacturing employers, labor-management organizations, and veterans, including veterans in rural areas, of their eligibility or potential eligibility for participation in the State program. (d) Conditions.--Under the pilot program, each grant to a State shall be subject to the following conditions: (1) The State shall repay to the Secretary, on such date as shall be determined by the Secretary, any amount received under the pilot program that is not used for the purposes described in subsection (c). (2) The State shall submit to the Secretary, at such times and containing such information as the Secretary shall require, reports on the use of grant funds. (e) Employer Requirements.--In order to receive a grant made by a State under the pilot program, a manufacturing employer shall-- (1) submit to the administrator of the State Manufacturing Employment Program an application that includes-- (A) the rate of pay for each eligible veteran proposed to be trained using grant funds; (B) the average rate of pay for an individual employed by the manufacturing employer in a similar position who is not an eligible veteran; and (C) such other information and assurances as the administrator may require; and (2) agree to submit to the administrator, for each quarter, a report containing such information as the Secretary may specify. (f) Limitation.--None of the funds made available to a manufacturing employer through a grant under the pilot program may be used to provide training of any kind to a person who is not an eligible veteran. (g) Report to Congress.--Together with the report required to be submitted annually under section 4107(c) of title 38, United States Code, the Secretary shall submit to Congress a report on the pilot program for the year covered by such report. The report on the pilot program shall include a detailed description of activities carried out under this section and an evaluation of the program. (h) Administrative and Reporting Costs.--Of the amounts appropriated pursuant to the authorization of appropriations under subsection (j), 2 percent shall be made available to the Secretary for administrative costs associated with implementing and evaluating the pilot program under this section and for preparing and submitting the report required under subsection (f). The Secretary shall determine the appropriate maximum amount of each grant awarded under this section that may be used by the recipient for administrative and reporting costs. (i) Definitions.--For purposes of this section: (1) The term ``covered training, on-job training, apprenticeships, and certification classes'' means training, on-job training, apprenticeships, and certification classes that are-- (A) designed to provide the veteran with skills that are particular to manufacturing and not directly transferable to employment in another industry; and (B) approved as provided in paragraph (1) or (2), as appropriate, of subsection (a) of section 3687 of title 38, United States Code. (2) The term ``eligible veteran'' means a veteran, as that term is defined in section 101(3) of title 38, United States Code, who is employed by a manufacturing employer and enrolled or participating in a covered training, on-job training, apprenticeship, or certification class. (3) The term ``manufacturing employer'' means a business concern-- (A) that employs individuals in a trade or business in manufacturing; (B) the production facilities of which are located in the United States; and (C) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System. (j) Appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2015 through 2019, for the purpose of carrying out the pilot program.
Manufacturing Jobs for Veterans Act - Directs the Secretary of Labor, as part of the Veteran's Workforce Investment Program, to carry out a five-year pilot program (to be known as the Veterans Manufacturing Employment Program) to award competitive grants to three states for the establishment and administration of a State Manufacturing Employment Program to make grants to manufacturing employers and labor-management organizations that provide training, on-job training, apprenticeships, and certification classes to eligible veterans.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Intercity Passenger Rail Trust Fund Act of 1995''. SEC. 2. INTERCITY PASSENGER RAIL TRUST FUND. (a) Establishment of Trust Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9512. INTERCITY PASSENGER RAIL TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Intercity Passenger Rail Trust Fund', consisting of such amounts as may be transferred or credited to the Trust Fund as provided in section 9503(c)(7) or section 9602(b). ``(b) Expenditures From Trust Fund.-- ``(1) In general.--Except as provided in paragraph (2), amounts in the Intercity Passenger Rail Trust Fund shall be available, as provided by appropriation Acts, to finance qualified expenses of-- ``(A) the National Railroad Passenger Corporation, and ``(B) each eligible State, to the extent determined under paragraph (3). ``(2) Direct spending amounts.--The following amounts in the Intercity Passenger Rail Trust Fund are hereby appropriated to finance qualified expenses: Amount ``Fiscal year: Available: 1996.......................................... $131,000,000 1997.......................................... 663,000,000 1998.......................................... 667,000,000 1999.......................................... 670,000,000 2000.......................................... 672,000,000. ``(3) Maximum amount of funds to eligible states.--Each eligible State shall receive under this subsection an amount equal to the lesser of-- ``(A) the State's qualified expenses for the fiscal year, or ``(B) the product of-- ``(i) \1/12\ of 1 percent of the lesser of-- ``(I) the aggregate amounts transferred and credited to the Intercity Passenger Rail Trust Fund under subsection (a) for such fiscal year, or ``(II) the aggregate amounts appropriated from the Intercity Passenger Rail Trust Fund under this subsection for such fiscal year, and ``(ii) the number of months such State was an eligible State in the preceding fiscal year. If the amount determined under subparagraph (B) exceeds the amount under subparagraph (A) for any fiscal year, the amount under subparagraph (B) for the following fiscal year shall be increased by the amount of such excess. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified expenses.--The term `qualified expenses' means expenses incurred, with respect to obligations made, after December 31, 1995, and before October 1, 2000-- ``(A) in the case of-- ``(i) the National Railroad Passenger Corporation, for capital improvements in intercity passenger rail service, or ``(ii) an eligible State, for capital improvements in intercity rail service, and ``(B) certified by the Secretary of Transportation as meeting the requirements of subparagraph (A). ``(2) Eligible state.--The term `eligible State' means any State which does not receive intercity passenger rail service from the National Railroad Passenger Corporation. ``(d) Termination.--The Secretary shall determine and retain, not later than October 1, 2000, the amount in the Intercity Passenger Rail Trust Fund necessary to pay any outstanding qualified expenses, and shall transfer any amount not so retained to the Mass Transit Account under section 9503(e).'' (b) Transfers From Highway Trust Fund.--Section 9503(c) of the Internal Revenue Code of 1986 (relating to expenditures from Highway Trust Fund) is amended by adding at the end the following new paragraph: ``(7) Transfers from trust fund for intercity passenger rail.-- ``(A) In general.--The Secretary shall transfer from time to time from the Highway Trust Fund to the Intercity Passenger Rail Trust Fund under section 9512 the intercity passenger rail portion of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after December 31, 1995, and before October 1, 2000. ``(B) Intercity passenger rail portion.--For purposes of subparagraph (A), the term `intercity passenger rail portion' means the amount-- ``(i) determined at the rate of 0.5 cent for each gallon with respect to which tax was imposed under section 4041 or 4081, and ``(ii) reduced (but not below zero) by the amount by which-- ``(I) the outlays of the Mass Transit Account for the fiscal year with respect to which such tax was imposed, as estimated by the Secretary, exceed ``(II) the available funds in the Mass Transit Account for such fiscal year (as so estimated).'' (c) Conforming Amendments.-- (1) Section 9503(e)(2) of the Internal Revenue Code of 1986 (relating to transfers to mass transit account) is amended by striking ``4081.'' and inserting ``4081 (for the period beginning after December 31, 1995, and ending before October 1, 2000, an amount determined at the rate of 1.5 cents for each such gallon, increased by the amount described in subsection (c)(7)(B)(ii)).''. (2) The table of sections for subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following new item: ``Sec. 9512. Intercity Passenger Rail Trust Fund.'' (d) Effective Date.--The amendments made by this section shall apply with respect to taxes imposed after December 31, 1995.
Intercity Passenger Rail Trust Fund Act of 1995 - Amends the Internal Revenue Code to establish the Intercity Passenger Rail Trust Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) eligible States. Makes appropriations in specified amounts for FY 1996 through 2000 to such Fund. Directs the Secretary of Transportation, by October 1, 2000, to determine and retain the amount in the Intercity Passenger Rail Fund necessary to pay any outstanding qualified expenses and to transfer any amount not so retained to the Mass Transit Fund. Authorizes the Secretary to transfer from time to time from the Highway Trust Fund to the Intercity Passenger Rail Trust Fund the intercity passenger rail portion of specified funds appropriated to the Highway Trust Fund.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bilingual Education and Technological Advancement Act of 2000''. SEC. 2. GRANTS FOR COMPUTER SOFTWARE FOR BILINGUAL EDUCATION. (a) Grants Authorized.--Subject to the availability of appropriations, the Secretary of Education may award grants, on a competitive basis, to local educational agencies to provide financial assistance to elementary and secondary schools for obtaining computer software for bilingual education. (b) Preference.--In awarding grants under subsection (a), the Secretary shall give preference to local educational agencies that serve an elementary or secondary school in which-- (1) a majority of the students are from families with incomes below the poverty line, as defined by the Office of Management and Budget and in effect under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); or (2) there is a high concentration of students with low levels of English proficiency. (c) Eligible Schools.--A grant under this section may be used to provide financial assistance only to an elementary or secondary school that meets the criteria of paragraph (1) or (2) of subsection (b). (d) Study.-- (1) In general.--The Secretary shall conduct an annual study of the effectiveness of the grant program under this section. (2) Report.--By the end of each fiscal year for which appropriations to carry out this Act are available, the Secretary shall transmit to the Congress a report that includes the following: (A) Findings on the effectiveness of this grant program, including the effectiveness of the computer software. (B) Recommendations for improving this grant program. (e) Application.--To seek a grant under subsection (a), a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for grants under this section $80,000,000 for fiscal years 2001 through 2005. SEC. 3. GRANTS FOR COMPUTERS. (a) Grants Authorized.--Subject to the availability of appropriations, the Secretary of Education may award grants, on a competitive basis, to local educational agencies to provide financial assistance to elementary and secondary schools for obtaining computers. (b) Mandatory Grants.--The Secretary shall award a grant under subsection (a) to any local educational agency that-- (1) submits an application under subsection (c); and (2) serves elementary or secondary schools in which, cumulatively, a majority of the students are from families with incomes below the poverty line, as defined by the Office of Management and Budget and in effect under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). (c) Eligible Schools.--A grant under this section may be used to provide financial assistance only to an elementary or secondary school in which-- (1) a majority of students are from families with incomes below the poverty line, as defined by the Office of Management and Budget and in effect under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); or (2) there are fewer computers than the greater of-- (A) 6 computers; or (B) a number of computers for that type school established by the Secretary by a regulation under this paragraph. (d) Application.--To seek a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for grants under this section $100,000,000 for each of fiscal years 2001 through 2005. SEC. 4. INFORMATION TECHNOLOGY TRAINING AND BILINGUAL EDUCATION PROGRAM GRANTS. (a) In General.--Subject to the availability of appropriations, the Secretaries may make grants to eligible partnerships to pay the Federal share of the cost of establishing and carrying out-- (1) information technology training programs for former participants in information technology training programs who have not received information technology certification, minorities, women, older individuals, veterans, Native Americans, and dislocated workers; and (2) bilingual education programs. (b) Partnerships.--To be an eligible partnership under subsection (a), a partnership shall consist of-- (1) an institution of higher education; and (2) a private organization, such as a certified commercial information technology training provider or an information technology trade or professional association. (c) Application.--To seek a grant under subsection (a), an eligible partnership shall submit an application to the Secretaries at such time, in such manner, and containing such information as the Secretaries may require. (d) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (a) shall be 50 percent. (2) Non-federal share.--The non-Federal share of the cost shall be provided in cash or in kind, fairly evaluated by the Secretaries, and may include plant, equipment, or services. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretaries to carry out this section $100,000,000 for fiscal year 2001 and such sums as may be necessary for each subsequent fiscal year. SEC. 5. BONUS GRANTS FOR INFORMATION TECHNOLOGY CERTIFICATION. (a) In General.--Subject to the availability of appropriations, the Secretary of Education may make grants to local educational agencies to assist such agencies in awarding bonuses to teachers who achieve information technology certification. (b) Limitation on Amount.--The amount of a grant to a local educational agency under subsection (a) shall not exceed the product determined by multiplying $5,000 by the number of teachers described pursuant to subsection (c)(2) in the application for the grant. (c) Application.-- (1) In general.--To seek a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--The application shall include information describing the number of teachers employed by the local educational agency who-- (A) have achieved information technology certification, including such certification for integrating information technology into the classroom or a curriculum; and (B) have not previously received a bonus under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Education to carry out this section $120,000,000 for each of fiscal years 2001 through 2005. SEC. 6. SCHOLARSHIPS FOR TEACHER TRAINING. (a) Grants Authorized.--Subject to the availability of appropriations, the Secretary of Education may award grants, on a competitive basis, to institutions of higher education to provide scholarships to any eligible student. (b) Eligible Students.--For purposes of this section, the term ``eligible student'' means a student who-- (1) is preparing to enter the teaching workforce; and (2) meets the criteria established under subsection (c). (c) Criteria.--For purposes of subsection (b)(2), the Secretary shall establish criteria that require a student to obtain both technological and bilingual education. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $100,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 7. DEFINITIONS. In this Act: (1) Certified commercial information technology training provider.--The term ``certified commercial information technology training provider'' means a private sector provider of educational products and services utilized for training in information technology that is certified by 1 or more software publishers or hardware manufacturers (the products of which are the subject of the training) with respect to-- (A) the curriculum that is used for the training; or (B) the technical knowledge of the instructors of such provider. (2) Dislocated worker.--The term ``dislocated worker'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (3) Elementary school.--The term ``elementary school'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (4) Information technology certification.--The term ``information technology certification'' means certification in information technology, in accordance with such standards as-- (A)(i) the Computing Technology Industry Association or the Information Technology Training Association may issue, after consultation with chief education officers of States, State boards, entities that certify or license teachers, and other entities affected by the standards; or (ii) a State board or entity that certifies or licenses teachers may issue, after consultation with chief education officers of States, and other entities affected by the standards; and (B) the Secretaries may approve. (5) Information technology training program.--The term ``information technology training program'' means a program for the training of-- (A) computer programmers, systems analysts, and computer scientists or engineers (as such occupations are defined by the Bureau of Labor Statistics); and (B) persons for such other occupations as are determined to be appropriate by the Secretaries, after consultation with a working group broadly solicited by the Secretaries and open to all interested information technology entities and trade and professional associations. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (7) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (8) Native American.--The term ``Native American'' means an Indian or a Native Hawaiian, as defined in section 166(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)). (9) Secondary school.--The term ``secondary school'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (10) Secretaries.--The term ``Secretaries'' means the Secretary of Education and the Secretary of Labor, acting jointly. (11) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).
(Sec. 3) Authorizes the Secretary to make competitive grants to LEAs to provide financial assistance to elementary and secondary schools for obtaining computers. Requires such grants to be awarded to any applicant LEA that serves elementary or secondary schools in which, cumulatively, a majority of the students are from families with incomes below the poverty line. Allows grants to be used only to assist schools in which: (1) a majority of students meet such poverty criteria; or (2) there are fewer computers than the greater of six or the number established by the Secretary for that type of school. Authorizes appropriations. (Sec. 4) Authorizes the Secretary, jointly with the Secretary of Labor, to make matching grants for: (1) information technology training programs for former participants in such programs who have not received information technology certification, minorities, women, older individuals, veterans, Native Americans, and dislocated workers; and (2) bilingual education programs. Requires a partnership, to be eligible for such a grant, to consist of: (1) an institution of higher education; and (2) a private organization, such as a certified commercial information technology training provider or an information technology trade or professional association. Sets the Federal share of program cost at 50 percent. Authorizes appropriations. (Sec. 5) Authorizes the Secretary to make grants to LEAs to assist them in awarding bonuses to teachers who achieve information technology certification. Limits the amount of such a grant to not more than $5,000 times the number of teachers described in the application. Authorizes appropriations. (Sec. 6) Authorizes the Secretary to make competitive grants to institutions of higher education to provide scholarships to students who: (1) are preparing to enter the teaching profession; and (2) meet criteria established by the Secretary that requires them to obtain both technological and bilingual education. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Urban Development Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Approximately 51 percent of the world's population lives in cities of various sizes and produce the majority of the world's economic output. (2) It is estimated that by 2030-- (A) almost 4,000,000,000 people will live in cities in the developing world; (B) urban populations in Africa and Asia will double; and (C) the number of people living in slums will double. (3) Of the approximately 1,000,000,000 people worldwide who live in slums, more than 50 percent are younger than 25 years of age. (4) In most countries, the largest urban areas account for significant shares of gross domestic product and, due to the economic advantages of large integrated markets for skills, inputs and outputs are often drivers of national economic growth. (5) More than 1,100,000,000 people lack adequate access to safe water and nearly 2,500,000,000 lack access to sanitation services. These problems may become more severe with rapid urbanization. (6) The costs of diseases and productivity losses linked to water and sanitation amount to-- (A) 2 percent of gross domestic product in less developed countries; and (B) up to 5 percent of gross domestic product in sub-Saharan Africa. (7) Insecure lease and real property ownership tenure often subject slum dwellers to arbitrary, often supra-market rents, forced evictions, threats, and harassment, particularly affecting women who are often heads of households. (8) Insecurity of tenure-- (A) severely inhibits economic development by undermining investment incentives and constraining the growth of credit markets; (B) imperils the ability of families to achieve sustainable livelihoods and assured access to shelter; and (C) often contributes to conflict over property rights. (9) Although women constitute 66 percent of the world's work force, they own less than 15 percent of the world's private property. This disparity is particularly damaging in cities and towns in which women are disproportionately affected by forced evictions and insecure tenure as a result of discrimination, gender-biased laws, and customs that-- (A) define women as legal minors or otherwise prevent women from acquiring and securing property, housing leases, or ownership rights; and (B) increase the vulnerability of women to poverty, violence, and sexual abuse. (10) Cities can play an important role in economic growth only if-- (A) there is appropriate infrastructure, institutions, and policies; and (B) basic services are extended to everyone. (11) Connective infrastructure, such as roads and telecommunications-- (A) plays a critical role linking cities and their markets to rural production, to hinterlands, and to the global economy; (B) reduces economic distances; and (C) strengthens the ability of cities to take advantage of the resulting market opportunities and ensures that urban and rural development policies are integrated into a holistic approach that promotes economic growth throughout the country. (12) The 2006 National Security Strategy states, ``America's national interests and moral values drive us in the same direction: to assist the world's poor citizens and least developed nations and help integrate them into the global economy.''. (13) In his October 2009 remarks for World Habitat Day, President Obama stated, ``My administration is committed to . . . bolstering our metropolitan areas, the cities, suburban and rural areas that are the engines of our economic growth. We are investing in a clean energy sector that will generate new green jobs, building affordable, energy efficient homes and promoting more sustainable development so that we can meet the needs of the present, for securing the future for our children and grandchildren . . . That is why we are committed to working with the United Nations and our partners around the world to help more families find a safe and secure place to live.''. (14) Target 11 of Goal 7 of the Millennium Development Goals states, ``By 2020, to have achieved a significant improvement in the lives of at least 100 million slum- dwellers.''. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to recognize urban development, as an objective of United States foreign policy, and overseas development assistance, particularly programs that-- (A) foster improved urban governance, management, and planning; (B) increase land and real property tenure; (C) promote the formal provision of, and access to, essential urban services and infrastructure; (D) expand access to basic shelter, affordable urban housing; (E) economically empower women and youth; (F) promote civic participation and social cohesion; (G) respond to, and proactively prepare for, environmental and climatic challenges; (H) promote economic growth and alleviate poverty; and (I) expand the availability of financing for urban housing and infrastructure; (2) to prevent waste and duplication in the use of United States overseas development assistance with respect to the programs described in paragraph (1); (3) to foster cooperative relations with foreign governments, intergovernmental organizations, private businesses, and nonprofit and community-based organizations that support or implement programs similar to those described in paragraph (1); (4) to support innovative international mechanisms designed to increase coordination and mutual complementarity in the planning, financing, and implementation of sustainable urban development policies and programs implemented by the United States and other donors described in this section; (5) to ensure access to-- (A) basic shelter and affordable housing, particularly by residents of slums and informal settlements and similar densely populated, impoverished urban areas; and (B) safe water and sanitation; (6) to promote-- (A) the security of land and other real property use, lease, and ownership rights; (B) the legal recognition and protections of such rights by all income groups; (C) equitable and sustainable national land policies; and (D) enhanced land administration services, including services for groups that-- (i) are socioeconomically vulnerable or institutionally marginalized; or (ii) are subject to discrimination, including women, children, the poor, and people living in urban slums and informal settlements; and (7) to support efforts to enhance the technical and financial capacity of developing country governments, including regional and municipal governments, to plan and manage urban growth in transparent, participatory, and accountable manner. SEC. 4. SUSTAINABLE URBAN DEVELOPMENT STRATEGY. (a) In General.--The Administrator of the United States Agency for International Development (referred to in this section as the ``USAID'') shall develop a strategy to foster sustainable urban development in developing countries that updates the Making Cities Work Urban Strategy. (b) Consultation.--The strategy required under subsection (a)-- (1) shall be developed in consultation with other United States Government agencies with relevant technical expertise or policy mandates pertaining to urban development in foreign countries; and (2) shall draw upon best practices and successful models of urban development undertaken or developed by international intergovernmental organizations, international finance institutions, recipient countries, United States and international nongovernmental organizations, private sector actors, and other appropriate entities. (c) Content.--The strategy required under subsection (a) shall-- (1) review and assess existing or past United States programs and foreign assistance strategies for developing countries designed to improve urban development, including-- (A) increasing access to basic shelter, affordable housing, and shared communal infrastructure; (B) enhancing land tenure security; (C) promoting environmentally sound urban infrastructure and services; (D) building capacity for municipal planning, management, and governance; (E) leveraging innovative financing for urban investments; (F) promoting gender equality and women's empowerment; and (G) promoting active participation of urban dwellers in the planning and execution of urban governance and social services programs; (2) define short- and long-term objectives and performance measures by which progress in urban development in foreign countries should be measured; (3) integrate United States programs and foreign assistance strategies that address urban development and slums in developing countries; (4) integrate into the broader strategic foreign assistance plans of the Department of State and the programs and objectives of the United Stated Agency for International Development related to urban development and slums; (5) assess the feasibility of establishing, in the USAID, a senior advisor for urban sustainable development, who would-- (A) provide-- (i) leadership for coordinated programming; (ii) technical support for urban development; and (iii) dissemination of best practices with policy and technical staff with experience and expertise in urban planning and development; (B) guide urban programming; (C) help build the capacity of government officials in developing countries to more effectively manage urbanization; and (D) encourage the organization and involvement of local civil society, including collective and municipal associations; (6) evaluate options to leverage private sector partnerships on issues related to housing, slum improvement, and finance though-- (A) the Global Development Alliance of USAID and the Global Partnerships Initiative of the Department of State; (B) the Overseas Private Investment Corporation; (C) the Development Credit Authority; (D) the Millennium Challenge Corporation; and (E) other relevant initiatives; (7) support a policy of United States Government collaboration and coordination with other donors towards urban development issues, including-- (A) working to achieve Target 4 of Goal 7 of the Millennium Development Goals; (B) supporting local development plans and strategies; (C) reviewing technical assistance and financial resource needs for urban development programming; (D) fostering greater program coordination among donors; and (E) disseminating best practices in urban planning and development; (8) assess the feasibility of establishing a pilot urban strategies initiative that would-- (A) support, through technical and financial assistance, a select number of cities in developing countries by identifying, developing, and implementing long-term sustainable urban development strategies to provide a framework for future growth and development in identified countries; (B) provide support for such urban development strategies through a variety of approaches, including direct financial support, innovative financial mechanisms, and private sector investment; (C) raise critical global awareness of urban development issues, including the emergence of mega- cities and the increasing burdens placed on secondary cities in developing countries; and (D) fully integrate the needs of women, who are often heads of households, yet do not have equitable access to land, resources, or services; (9) analyze approaches to improve environmental sustainability in urban areas, while recognizing that developing cities are facing severe environmental stress as a result of the difficulties of expanding facilities fast enough to keep up with rapidly growing populations and industrial activity; and (10) develop a plan for providing long-term United States support for sustainable urban growth and development initiatives in developing countries that-- (A) includes regular coordination between United States Government agencies that have relevant technical expertise or policy responsibilities, as appropriate, including-- (i) the United States Agency for International Development; (ii) the Department of State; (iii) the Millennium Challenge Corporation; (iv) the Department of Housing and Urban Development; (v) the Department of the Treasury; and (vi) the Overseas Private Investment Corporation; and (B) draws upon the available expertise of United States-based city and regional elected officials and professionals in-- (i) community, real estate, and banking sectors; (ii) major United States private foundations, nongovernmental organizations, and policy, education, and research organizations; (iii) United Nations organizations; and (iv) multilateral development banks. (d) Report.--Not later than 12 months after the date of the enactment of this Act, the Administrator shall submit a report to Congress that includes the strategy required under this section.
Sustainable Urban Development Act of 2010 - Directs the Administrator of the United States Agency for International Development (USAID) to develop a strategy to foster sustainable urban development in developing countries that updates the Making Cities Work Urban Strategy. Requires such strategy to: (1) review U.S. foreign assistance strategy and programs; (2) assess the feasibility of establishing a USAID senior advisor for urban sustainable development; (3) evaluate options to leverage private sector partnerships; (4) support U.S. government collaboration with other donors; (5) assess the feasibility of establishing a pilot urban strategies initiative; and (6) analyze approaches to improve environmental sustainability in urban areas.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Moratorium and Equity Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The moratorium of the Internet Tax Freedom Act on new taxes on Internet access and on multiple and discriminatory taxes on electronic commerce should be extended. (2) States should be encouraged to simplify their sales and use tax systems. (3) As a matter of economic policy and basic fairness, similar sales transactions should be treated equally, without regard to the manner in which sales are transacted, whether in person, through the mails, over the telephone, on the Internet, or by other means. (4) Congress may facilitate such equal taxation consistent with the United States Supreme Court's decision in Quill Corp. v. North Dakota. (5) States that adequately simplify their tax systems should be authorized to correct the present inequities in taxation through requiring sellers to collect taxes on sales of goods or services delivered in-state, without regard to the location of the seller. (6) The States have experience, expertise, and a vital interest in the collection of sales and use taxes, and thus should take the lead in developing and implementing sales and use tax collection systems that are fair, efficient, and non- discriminatory in their application and that will simplify the process for both sellers and buyers. (7) Online consumer privacy is of paramount importance to the growth of electronic commerce and must be protected. SEC. 3. EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM. Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended to read as follows: ``(a) Moratorium.--No State or political subdivision thereof shall impose-- ``(1) any taxes on Internet access during the period beginning after September 30, 1998, unless such a tax was generally imposed and actually enforced prior to October 1, 1998; and ``(2) multiple or discriminatory taxes on electronic commerce during the period beginning on October 1, 1998, and ending on December 31, 2005.''. SEC. 4. INTERNET TAX FREEDOM ACT DEFINITIONS. (a) Internet Access Services.--Section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by adding at the end the following new paragraph: ``(11) Internet access services.--The term `Internet access services' means services that combine computer processing, information storage, protocol conversion, and routing with transmission to enable users to access Internet content and services. Such term does not include receipt of such content or services.''. (b) Internet Access.--Section 1104(5) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking ``telecommunications services.' and inserting ``telecommunications services generally, but does include wireless web access services used to enable users to access content, information, electronic mail, or other services offered over the Internet, including any comparable package of services offered to users.''. (c) Telecommunications Services.--Section 1104(9) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking ``and includes communications services (as defined in section 4251 of the Internal Revenue Code of 1986)''. (d) Wireless Web Access Services.--Section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by subsection (a), is amended by adding at the end the following new paragraph: ``(12) Wireless web access services.--The term `wireless web access services' means commercial mobile services (as defined in section 332(d)(1) of Communications Act of 1934 (47 U.S.C. 332(d)(1)), multi-channel, multi-point distribution services, or any wireless telecommunications services used to access the Internet.''. SEC. 5. STREAMLINED SALES AND USE TAX SYSTEM. (a) Development of Streamlined System.--It is the sense of Congress that States and localities should work together to develop a streamlined sales and use tax system that addresses the following in the context of remote sales: (1) A centralized, one-stop, multi-state reporting, submission, and payment system for sellers. (2) Uniform definitions for goods or services, the sale of which may, by State action, be included in the tax base. (3) Uniform rules for attributing transactions to particular taxing jurisdictions. (4) Uniform procedures for-- (A) the treatment of purchasers exempt from sales and use taxes; and (B) relief from liability for sellers that rely on such State procedures. (5) Uniform procedures for the certification of software that sellers rely on to determine sales and use tax rates and taxability. (6) A uniform format for tax returns and remittance forms. (7) Consistent electronic filing and remittance methods. (8) State administration of all State and local sales and use taxes. (9) Uniform audit procedures, including a provision giving a seller the option to be subject to no more than a single audit per year using those procedures; except that if the seller does not comply with the procedures to elect a single audit, any State can conduct an audit using those procedures. (10) Reasonable compensation for tax collection by sellers. (11) Exemption from use tax collection requirements for remote sellers falling below a de minimis threshold of $5,000,000 in gross annual sales. (12) Appropriate protections for consumer privacy. (13) Such other features that the States deem warranted to promote simplicity, uniformity, neutrality, efficiency, and fairness. (b) No Undue Burden.--Congress finds that, if adopted, the system described in subsection (a) will not place an undue burden on interstate commerce or burden the growth of electronic commerce and related technologies in any material way. (c) Study.--It is the sense of Congress that a joint, comprehensive study should be commissioned by State and local governments and the business community to determine the cost to all sellers of collecting and remitting State and local sales and use taxes on sales made by sellers under the law as in effect on the date of enactment of this Act and under the system described in subsection (a) to assist in determining what constitutes reasonable compensation. SEC. 6. INTERSTATE SALES AND USE TAX COMPACT. (a) Authorization and Consent.--In general, the States are authorized to enter into an Interstate Sales and Use Tax Compact. Subject to subsection (c), Congress consents to their entry into that Compact. The Compact shall describe a uniform, streamlined sales and use tax system consistent with section 5(a), and shall provide that States joining the Compact must adopt that system. (b) Expiration.--The authorization and consent in subsection (a) shall expire if the Compact has not been formed before January 1, 2006. (c) Congressional Consent Withdrawn if Compact Disapproved.-- (1) Adopting states to transmit.--Upon the 20th State becoming a signatory to the Compact, the adopting States shall transmit a copy of the Compact to Congress. (2) Congressional action.--The consent of Congress to the Compact is withdrawn if Congress, by law, disapproves the Compact within 120 days (computed in accordance with section 154 of the Trade Act of 1974 (19 U.S.C. 2194)) after the adopting States transmit the Compact to Congress. SEC. 7. AUTHORIZATION TO SIMPLIFY STATE USE-TAX RATES THROUGH AVERAGING. (a) In General.--Subject to the exception in subsection (c), a State that adopts the Compact authorized under section 6 and that levies a use tax shall impose a single, uniform State-wide use-tax rate on all remote sales on which it assesses a use tax for any calendar year for which the State meets the requirements of subsection (b). (b) Averaging Requirement.--A State meets the requirements of this subsection for any calendar year in which the single, uniform State- wide use-tax rate is in effect if such rate is no greater than the weighted average of the sales tax rates actually imposed by the State and its local jurisdictions during the 12-month period ending on June 30 prior to such calendar year. (c) Annual Option To Collect Actual Tax.--Notwithstanding subsection (a), a remote seller may elect annually to collect the actual applicable State and local use taxes on each sale made in the State. SEC. 8. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES. (a) Grant of Authority.-- (1) States that adopt the system may require collection.-- Any State that has adopted the system described in the Compact is authorized, notwithstanding any other provision of law, to require all sellers not qualifying for the de minimis exception to collect and remit sales and use taxes on remote sales to purchasers located in such State after the expiration of the 120 day period described by section 6(c)(2) unless the Compact is disapproved under section 6(c). (2) States that do not adopt the system may not require collection.--Paragraph (1) does not extend to any State that does not adopt the system described in the Compact. (b) No Effect on Nexus, Etc.--No obligation imposed by virtue of authority granted by subsection (a)(1) or denied by subsection (a)(2) shall be considered in determining whether a seller has a nexus with any State for any other tax purpose. Except as provided in subsection (a), nothing in this Act permits or prohibits a State-- (1) to license or regulate any person; (2) to require any person to qualify to transact intrastate business; or (3) to subject any person to State taxes not related to the sale of goods or services. SEC. 9. NEXUS FOR STATE BUSINESS ACTIVITY TAXES. It is the sense of Congress that before the conclusion of the 107th Congress, legislation should be enacted to determine the appropriate factors to be considered in establishing whether nexus exists for State business activity tax purposes. SEC. 10. LIMITATION. In general, nothing in this Act shall be construed as subjecting sellers to franchise taxes, income taxes, or licensing requirements of a State or political subdivision thereof, nor shall anything in this Act be construed as affecting the application of such taxes or requirements or enlarging or reducing the authority of any State or political subdivision to impose such taxes or requirements. SEC. 11. DEFINITIONS. In this Act: (1) State.--The term ``State'' means any State of the United States of America and includes the District of Columbia. (2) Goods or services.--The term ``goods or services'' includes tangible and intangible personal property and services. (3) Remote sale.--The term ``remote sale'' means a sale in interstate commerce of goods or services attributed, under the rules established pursuant to section 5(a)(3), to a particular taxing jurisdiction that could not, except for the authority granted by this Act, require that the seller of such goods or services collect and remit sales or use taxes on such sale. (4) Locus of remote sale.--The term ``particular taxing jurisdiction'', when used with respect to the location of a remote sale, means a remote sale of goods or services attributed, under the rules established pursuant to section 5(a)(3), to a particular taxing jurisdiction.
Internet Tax Moratorium and Equity Act - Amends the Internet Tax Freedom Act to extend: (1) permanently provisions which prohibit a State or political subdivision from imposing taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998; and (2) until December 31, 2005, the State or political subdivision prohibition on multiple or discriminatory taxes on electronic commerce.Expresses the sense of the Congress that: (1) States and localities should work together to develop a uniform streamlined sales and use tax system that addresses remote sales; and (2) a study should be commissioned to determine seller costs of collecting and remitting State and local sales and use taxes from remote sales.Authorizes States to enter into an Interstate Sales and Use Tax Compact which shall describe a uniform, streamlined sales and use tax system consistent with the above system.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Competition and Incentives Act of 2001''. TITLE I--PROTECTION OF BROADBAND SERVICES FROM CONTINUING MONOPOLIZATION SEC. 101. AMENDMENT TO THE CLAYTON ACT TO INCLUDE MARKET POWER ENTRY TEST. The Clayton Act (15 U.S.C. 15 et seq.) is amended by adding at the end the following: ``SEC. 28. BROADBAND TELECOMMUNICATIONS SERVICES. ``(a) Determination by Attorney General.--A Bell operating company or an affiliate of a Bell operating company may not provide interLATA services in any of its in-region States under the authority of any amendments to section 271 of the Communications Act of 1934 (47 U.S.C. 271) enacted after April 24, 2001, unless the Attorney General of the United States determines that such company or such affiliate does not have market power in the provision of wireline telephone exchange service in the State involved. ``(b) Market Power.--For purposes of this section, a Bell operating company or an affiliate of a Bell operating company shall be deemed to have market power in the provision of wireline telephone exchange service in the State involved if such company or such affiliate provides service to more than 85 percent of the business subscribers, or more than 85 percent of the residential subscribers, in such State at the time such company or such affiliate requests that the Attorney General make a determination under subsection (a). ``(c) Definitions.--For purposes of this section: ``(1) Affiliate.--The term `affiliate' means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term `own' means to own an equity interest (or equivalent thereof) of more than 10 percent. ``(2) Bell operating company.--The term `Bell operating company' has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).''. TITLE II--BROADBAND DEPLOYMENT INCENTIVES FOR SERVICES TO ELIGIBLE RURAL COMMUNITIES AND UNDERSERVED AREAS SEC. 201. ELIMINATION OF DISCRIMINATORY TAXES ON BROADBAND SERVICE PROVIDERS. (a) Prohibition.--No State or political subdivision of a State may impose-- (1) discriminatory taxes on broadband services; or (2) a tax or fee imposed on telecommunications carriers or affiliates thereof, other than incumbent local exchange carriers and affiliates thereof, for the use of public rights- of-way that is greater than the tax or fee imposed on incumbent local exchange carriers or affiliates thereof for their use of public rights-of-way. (b) Liabilities and Pending Cases.--Subsection (a) shall not affect liability for taxes or fees accrued and enforced before the date of the enactment of this Act or to ongoing litigation relating to such taxes or such fees. SEC. 202. LOAN PROGRAM FOR ELIGIBLE RURAL COMMUNITIES AND FOR UNDERSERVED COMMUNITIES. (a) Authority To Make Direct Loans and Loan Guarantees.--The Attorney General of the United States may make direct loans or loan guarantees to eligible broadband service providers in accordance with this section to finance the deployment of broadband services to eligible rural communities and to underserved areas. (b) Eligibility Requirements.--To be eligible to receive a loan or loan guarantee under this section, a broadband service provider shall submit to the Attorney General an application containing such information and assurances as the Attorney General may require by rule, including-- (1) information demonstrating that such provider is capable of delivering broadband service; (2) a description of the proposed project to deploy broadband service to an eligible rural community or to an underserved area where broadband service is not otherwise generally available throughout such community or such area; and (3) an assurance that such provider will meet the standards for service and area wide coverage established by the Attorney General. (c) Terms and Conditions.--Direct loans and loan guarantees made under this section-- (1) shall be made available in accordance with the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.); (2) in the case of direct loans and loans guaranteed, shall bear interest at an annual rate of not more than 2 percent per annum; and (3) shall be made for the longer of-- (A) a term of 30 years; or (B) the useful life of the assets constructed, reconstructed, or acquired with any part of the proceeds of such loan or of the loan guaranteed. (d) Limitations.-- (1) Technology neutrality.--In making direct loans and loan guarantees under this section, the Attorney General may not take into consideration the technology proposed to be employed by the applicants for such loans or such guarantees. (2) Security interest.--The Attorney General may take a security interest in assets or revenue streams, in connection with a direct loan or loan guarantee made under this section, of not more than the amount sufficient to cover the assets financed by such loan or such guarantee. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Attorney General to carry out this section $3,000,000,000 for fiscal years 2002, 2003, 2004, 2005, and 2006. SEC. 203. DEFINITIONS. (a) In General.--In this title: (1) Affiliate.--Term ``affiliate'' means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term ``own'' means to own an equity interest (or equivalent thereof) of more than 10 percent. (2) Assessment.--The term ``assessment'' means valuation for a property tax levied by a taxing State or political subdivision thereof. (3) Assessment jurisdiction.--The term ``assessment jurisdiction'' means a geographical area in a State used in determining the assessed value of property for ad valorem taxation. (4) Broadband service.--The term ``broadband service'' includes, without regard to any particular transmission medium or technology, high-speed, switched, broadband telecommunications capable of delivering not less than 1.5 megabits of data per second to the user and 128,000 bits of data per second from the user that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications. (5) Commercial business.--The term ``commercial business'' means a business, other than a broadband service provider, devoted to a commercial use. (6) Commercial property.--The term ``commercial property'' means property, other than property owned by a broadband service provider, devoted to a commercial use. (7) Discriminatory tax.--The term ``discriminatory tax'' means any tax imposed by a State or political subdivision of a State on a broadband service provider that-- (A) uses an assessment of property owned by broadband service providers at a value that has a higher ratio to the true market value of the broadband service provider's property than the ratio that the assessed value of other commercial property in the same assessment jurisdiction has to the true market value of the other commercial property value; (B) uses an assessment of property owned by broadband service providers at a value that encompasses factors other than tangible assets, such as intangible assets and a going concern component, and bases the assessed value of other commercial property on a local assessment process of only tangible assets; (C) is not generally imposed and legally collectible by such State or such political subdivision on commercial businesses; or (D) is imposed without 180 days advance notification of the imposition of such tax. (8) Eligible rural community.--The term ``eligible rural community'' means any census tract which-- (A) is not within 10 miles of any incorporated or unincorporated place containing more than 25,000 people, and (B) is not within a county or county equivalent which has an overall population density of more than 500 people per square mile of land. (9) Incumbent local exchange carrier.--The term ``incumbent local exchange carrier'' means, with respect to an area, the local exchange carrier that-- (A) on the date of enactment of this Act, is providing telephone exchange service in such area; and (B)(i) is deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of title 47 of the Code of Federal Regulations, as in effect on such date; or (ii) on or after such date, is a successor or assign of a member described in clause (i). (10) Tax.--The term ``tax'' has the meaning given such term in section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note). (11) Telecommunications carrier.--The term ``telecommunications carrier'' has the meaning given such term by section 3(44) of the Communications Act of 1934 (47 U.S.C. 153 (44)), but-- (A) includes all members of an affiliated group of which a telecommunications carrier is a member, and (B) does not include a commercial mobile service carrier. (12) Underserved area.--The term ``underserved area'' means any census tract which is located in-- (A) an empowerment zone or enterprise community designated under section 1391 of the Internal Revenue Code of 1986; (B) the District of Columbia Enterprise Zone established under section 1400 of such Code; (C) a renewal community designated under section 1400E of such Code; or (D) a low-income community designated under section 45D of such Code. (b) Designation of Census Tracts.--The Secretary of the Treasury shall, not later than 90 days after the date of the enactment of this Act, designate and publish those census tracts meeting the criteria described in paragraphs (8) and (12) of subsection (a).
Broadband Competition and Incentives Act of 2001 - Amends the Clayton Act to prohibit a Bell operating company or affiliate (BOC) from providing interLATA services in any of its in-region States under any amendments to provisions concerning BOCs under the Communications Act of 1934 enacted after April 24, 2001, unless the Attorney General determines that such BOC does not have market power in the provision of wireline telephone exchange service in the State involved. Deems a BOC to have such market power if it provides service to more than 85 percent of the business or residential subscribers in such State at the time it requests that the Attorney General make such determination.Prohibits a State or political subdivision from imposing: (1) discriminatory taxes on broadband services; or (2) a tax or fee imposed on telecommunications carriers or affiliates thereof, other than incumbent local exchange carriers and affiliates, for the use of public rights-of-way that is greater than the tax or fee imposed on incumbent local exchange carriers or affiliates for their use of public rights-of-way.Authorizes the Attorney General to make direct loans or loan guarantees to eligible broadband service providers to finance the deployment of broadband services to eligible rural communities and underserved areas. Prohibits the Attorney General from considering the technology proposed to be employed by the applicants. Allows the Attorney General to take a security interest in assets or revenue streams to cover the assets financed.
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