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SECTION 1. SHORT TITLE. This Act may be cited as the ``Crowdsourcing and Citizen Science Act of 2015''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the authority granted to Federal agencies under the America COMPETES Reauthorization Act of 2010 (Public Law 111- 358) to pursue the use of incentive prizes and challenges has yielded numerous benefits, including-- (A) paying only for success; (B) establishing an ambitious goal without having to predict which team or approach is most likely to succeed; (C) reaching out to individuals or a broader group of people to increase the number of minds tackling a problem; (D) bringing out-of-discipline perspectives to bear; and (E) increasing cost-effectiveness to maximize the return on taxpayer dollars; (2) granting Federal agencies the direct, explicit authority to use crowdsourcing and citizen science will-- (A) remove ambiguity about whether an agency can use these techniques; (B) encourage its appropriate use to advance agency missions; and (C) stimulate and facilitate broader public participation in the innovation process; (3) crowdsourcing projects have a number of unique benefits, including-- (A) improving the delivery of government services with significantly lower Federal or other public resource investments or at time scales or distribution scales that might not otherwise be possible; (B) connecting citizens to the missions of Federal agencies by promoting a spirit of open government and volunteerism; (C) providing the acquisition of data at a greater geographic extent and in locations with a greater density or frequency than otherwise reasonably obtainable using conventional methods; and (D) enabling citizens to address community and research-based concerns by gathering, analyzing, and sharing data and information; (4) citizen science has additional benefits, including-- (A) advancing and accelerating scientific research through group discovery, the cocreation of knowledge, and the inclusion of diverse perspectives; (B) improving science literacy and providing skills needed to excel in science, technology, engineering, and math, thereby increasing American competitiveness; (C) furthering science diplomacy through the worldwide collaboration between scientists and citizens; and (D) building trust and understanding between citizens and science and between citizens and scientists; and (5) since participants in crowdsourcing and citizen science projects participate in crowdsourcing or citizen science for a variety of reasons, Federal agencies should consider meaningful incentives to engage and retain participants depending on the range of motivations for potential participants, including-- (A) receiving attribution for their contributions to research; (B) learning new skills and knowledge or educating others; (C) connecting with new individuals or communities and building relationships; and (D) knowing that their work is helping to solve meaningful problems and contributing to broader scientific endeavors for the benefit of society. SEC. 3. CROWDSOURCING AND CITIZEN SCIENCE. (a) Definitions.--In this section: (1) Citizen science.--The term ``citizen science'' means a form of open collaboration in which individuals or organizations participate in the scientific process in various ways, including-- (A) enabling the formulation of research questions; (B) creating and refining project design; (C) conducting scientific experiments; (D) collecting and analyzing data; (E) interpreting the results of data; (F) developing technologies and applications; (G) making discoveries; and (H) solving problems. (2) Crowdsourcing.--The term ``crowdsourcing'' means a method to obtain needed services, ideas, or content by soliciting voluntary contributions from a group of individuals or organizations, especially from an online community. (3) Director.--The term ``Director'' means the Director of the Office of Science and Technology Policy. (4) Federal agency.--The term ``Federal agency''-- (A) except as provided in subparagraph (B), means-- (i) any Executive agency (as defined in section 105 of title 5, United States Code); and (ii) any military department (as set forth in section 102 of such title); and (B) does not include any legislative branch agency. (5) Participant.--The term ``participant'' means any individual or other entity that has consented as a volunteer in a crowdsourcing or citizen science project under this section. (6) Related entity.--The term ``related entity'' means-- (A) a Federal Government contractor or subcontractor, at any tier; and (B) a supplier, user, customer, cooperating party, grantee, investigator, fellow, or detailee of a Federal agency. (b) Crowdsourcing and Citizen Science Authorized.-- (1) In general.--The head of each Federal agency, or the heads of multiple Federal agencies working cooperatively, may utilize crowdsourcing and citizen science approaches to conduct activities designed to advance the mission of the respective Federal agency or the joint mission of Federal agencies, as applicable. (2) Voluntary services.--Notwithstanding section 1342 of title 31, United States Code, the head of a Federal agency may accept, subject to regulations issued by the Office of Personnel Management, voluntary services from participants under this section if such services-- (A) are performed as a part of a crowdsourcing or citizen science project authorized under paragraph (1); (B) are not financially compensated for their time; and (C) will not be used to displace any employee of the Federal Government. (c) Participation.-- (1) Advertising.--The head of each Federal agency engaged in a crowdsourcing or citizen science project under this section shall make public and promote such project to encourage broad participation of consenting participants. (2) Consent, registration, and terms of use.-- (A) In general.--Each Federal agency is authorized to determine the appropriate level of consent, registration, or acknowledgment of the terms of use that is required from participants in crowdsourcing or citizen science projects on a per-project basis. (B) Disclosures.--In seeking consent, conducting registration, or developing terms of use for a project under this subsection, a Federal agency shall disclose the privacy, intellectual property, data ownership, compensation, service, program, and other terms of use to the participant in a clear and reasonable manner. (C) Mode of consent.--A Federal agency or Federal agencies, as applicable, may obtain consent electronically or in written form from participants to the volunteer service terms of a crowdsourcing or citizen science project authorized under this section. (3) Human subjects.--Any crowdsourcing or citizen science project that involves research involving human subjects shall be subject to part 46 of title 28, Code of Federal Regulations (or any successor regulation). (4) Data.--Notwithstanding security and privacy protections, Federal agencies shall endeavor to make data collected through a crowdsourcing or citizen science project authorized under this section open and available, in machine readable formats, to the public. As part of the consent process, the Federal agency shall notify all participants-- (A) of the expected uses of the data compiled through the project; (B) if the Federal agency will retain ownership of such data; (C) if and how the data and results from the project would be made available for public or third party use; and (D) if participants are authorized to publish such data. (5) Technologies and applications.--Notwithstanding the intellectual property rights of the Federal Government, Federal agencies shall endeavor to make technologies, applications, code, and derivations of such intellectual property developed through a crowdsourcing or citizen science project under this section open and available to the public. (6) Liability.--Each participant in a crowdsourcing or citizen science project under this section shall agree-- (A) to assume any and all risks associated with such participation; and (B) to waive all claims against the Federal Government and its related entities, except for claims based on willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits (whether direct, indirect, or consequential) arising from participation in the project. (7) Scientific integrity.--Federal agencies coordinating citizen science projects shall make all practicable efforts that participants adhere to all relevant scientific integrity or other applicable ethics policies. (d) Multi-Sector Partnerships.--The head of each Federal agency engaged in crowdsourcing or citizen science under this section, or the heads of multiple Federal agencies working cooperatively, may enter into a contract or other agreement to share administrative duties for such activities with-- (1) a for-profit or nonprofit private sector entity, including a private institution of higher education; or (2) a State, tribal, local, or foreign government agency, including a public institution of higher education. (e) Funding.--In carrying out crowdsourcing and citizen science activities under this section, the head of a Federal agency, or the heads of multiple Federal agencies working cooperatively-- (1) may use funds appropriated by Congress; (2) may request and accept funds or in kind support for such activities from-- (A) other Federal agencies; (B) for-profit or nonprofit private sector entities, including private institutions of higher education; or (C) State, tribal, local, or foreign government agencies, including public institutions of higher education; and (3) may not give any special consideration to any entity described in paragraph (2) in return for such funds or in kind support. (f) Facilitation.-- (1) General services administration assistance.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the General Services Administration, in coordination with the Director, shall identify and develop relevant products and services to facilitate the use of crowdsourcing and citizen science activities under this section, including by specifying the appropriate contract vehicles and technology and organizational platforms to enhance the ability of Federal agencies to carry out the activities under this section to further the policy objectives of the Federal Government. (2) OSTP guidance.--The heads of each Federal agency engaged in crowdsourcing or citizen science under this section is encouraged to consult any guidance provided by the Director. (g) Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, and every 4 years thereafter, as a component of the report required under section 24(p) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719(p)), the Director shall report on the activities carried out under this subsection. (2) Information included.--Each report required under paragraph (1) shall include-- (A) a summary of each crowdsourcing and citizen science project conducted by any Federal agency during the most recently completed 2 fiscal years (for the first report) or since the last report was submitted (for subsequent reports), including a description of the proposed goals of each crowdsourcing and citizen science project; (B) the participation rates, submission levels, number of consents, or any other statistic that might be considered relevant in each crowdsourcing and citizen science project; (C) a description of-- (i) the resources (including personnel and funding) that were used in the execution of each crowdsourcing and citizen science project; (ii) the activities for which such resources were used; and (iii) how the obligations and expenditures relating to the project's execution was allocated among the accounts of the Federal agency; (D) a description of-- (i) the ways in which each crowdsourcing and citizen science project advanced the mission of the Federal agency; (ii) the project's results, including the publications, results, tools, products, or services that the project created; (iii) the general methods used to ensure data quality and make the data publicly available; and (iv) any savings realized or costs incurred by the Federal Government, whether financial or human resources, as a result of using crowdsourcing or citizen science projects instead of Federal agency resources, as possible; (E) a summary of the main challenges and barriers that constrained the ability of Federal agencies to conduct crowdsourcing and citizen science projects, including-- (i) any steps that were taken to address such challenges; and (ii) recommendations for future administrative or legislative action; (F) a summary of the use of crowdsourcing and citizen science methods by all Federal agencies since the submission of the last report, including interagency and multi-sector partnerships; and (G) any other information that the Director considers relevant. (h) Savings Provisions.--Nothing in this section may be construed-- (1) to affect the authority to conduct crowdsourcing and citizen science authorized by any other provision of law; or (2) to displace Federal Government resources allocated to the Federal agencies that use crowdsourcing or citizen science authorized under this section to carry out a project.
Crowdsourcing and Citizen Science Act of 2015 This bill authorizes each federal agency, or multiple federal agencies working cooperatively, to use crowdsourcing and citizen science approaches to conduct activities designed to advance the agency's mission or the joint mission of the group of agencies. "Citizen science" means a form of open collaboration in which individuals or organizations participate in the scientific process in various ways, including developing technologies and applications and making discoveries. "Crowdsourcing" means a method to obtain needed services, ideas, or content by soliciting voluntary contributions from a group of individuals or organizations, especially from an online community. Each federal agency engaged in a crowdsourcing or citizen science project shall make public and promote it to encourage broad participation of consenting participants. The General Services Administration shall identify and develop relevant products and services to facilitate the use of crowdsourcing and citizen science activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Vaccine and Countermeasure Corps Development Act of 2006''. SEC. 2. VOLUNTEER VACCINE AND COUNTERMEASURE CORPS. (a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a Volunteer Vaccine and Countermeasures Corps (referred to in this section as the ``Corps'') to facilitate the distribution and provision of vaccines, or other biological, chemical, or nuclear countermeasures, to individuals under any influenza vaccination program, or other countermeasure distribution program established by the Secretary or a State or local entity. (b) Activation and Assignment of Members.-- (1) Activation.-- (A) Manner of activation.--The members of the Corps shall be activated in one of the following manners: (i) By the Secretary upon a declaration by the Secretary of a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d)related to an influenza outbreak (including a seasonal outbreak) or other public health emergency. (ii) By the declaration of a State. (iii) By the declaration of a qualified entity, as defined in subsection (g). (B) Non-emergency functions.--Activation of the Corps is not required for the Corps to carry out non- emergency functions, including training, recruitment and retention of volunteers, participation in State and local planning, or other activities determined appropriate by the Secretary. (C) Notification.--In order to facilitate cooperation between all levels of government in response to an emergency, when activated under this section in response to a Federal or State declaration, or by the qualifying entity, the qualifying entity shall notify-- (i) the Secretary; (ii) the governor or governors of the State or States in which the Corps shall be activated or deployed; and (iii) the local governments of the county or counties in which the Corps will reside or be deployed. (2) Membership through qualified entities.-- (A) In general.--A volunteer may apply for membership in the Corps through a qualified entity. (B) Requirements.--A qualified entity shall carry out education and training activities and maintain pertinent information as required under subsection (c)(2). (C) Use.--Upon completion of any training, certification, or other qualifying processes determined appropriate by the Secretary, members of the Corps may be used by qualified entities to carry out activities under a National, State, or local influenza vaccination program, or other countermeasure distribution program as determined appropriate by the Secretary. (3) Requests.--The Secretary or governor of a State may request assignment of members of the Corps from a State or territory to participate in a vaccination program or countermeasure distribution program of another State or territory. The Secretary shall enter into agreements with such States to accept licensure and certification from such other States for the purpose of carrying out activities under an influenza vaccination program. (c) Participation.-- (1) Eligibility.--An appropriately credentialed (licensed or certified) health professional, including a retired health professional, or other individual serving in an auxiliary or support capacity, including retired military personnel, police, emergency medical service personnel, or other volunteers as determined appropriate by the Secretary, shall be eligible to participate in the Corps under procedures established by the Secretary and after successfully completing an approved training course developed by the Secretary. Nothing in this paragraph shall be construed to preclude an entity from receiving financial, legal, and other technical assistance from a volunteer that is not certified as a Corps member. (2) Database.--The Secretary, in cooperation and consultation with States and qualifying entities, shall establish guidelines for the collection and maintenance of data relating to Corps members by qualifying entities. Such database shall-- (A) with respect to each Corps member, include contact information, appropriate licensure or certification information, and other information the Secretary determines necessary to perform the activities of the Corps; (B) be accessible to qualifying entities, States, the Secretary, or other entities determined appropriate by the Secretary, for use in the performance of duties of the Corps; and (C) be interoperable with the Emergency System for the Advance Registration of Volunteer Health Professionals, the National Disaster Medical System, the Medical Reserve Corps, and other databases determined appropriate by the Secretary. (3) National identification.--The Secretary, in cooperation and consultation with the States, shall develop a National Identification Card that describes the health-related licensure and certification information of Corps members, as well as other identifying information determined by the Secretary to facilitate the use of Corps members in States other than the State in which such members reside. Such identification and certification information shall be cross-referenced with the database established under paragraph (2), and shall be updated on a regular basis to ensure that the information in the database is as current as is practicable. (d) Grants.-- (1) In general.--The Secretary shall award grants to qualified entities for the following purposes: (A) To provide training through State and local health care facilities and networks to facilitate, execute, and maintain mechanisms for the distribution of vaccines and other biological countermeasures, including mass vaccination exercises designed to increase access to seasonal influenza vaccine by priority populations and encourage late-season vaccination with seasonal influenza vaccine. (B) To provide for the recruitment and retention of volunteers, including individuals to maintain and coordinate databases. (C) To carry out capacity building activities of the Corps, including the development of partnerships among the Corps, qualifying entities, and emergency response organizations, State and local governments, police departments, fire departments, emergency responders, nonprofit organizations, and private sector entities. (D) To carry out other training activities as determined appropriate by the Secretary. (e) Liability.--A member of the Corps, when performing his or her duties under an activation and assignment by the Secretary under subsection (b) upon a declaration by the Secretary of a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d) shall be deemed a Federal employee for liability purposes. In all other cases, Members of the Corps are subject to the laws of the State in which the activities of the Corps are undertaken. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $100,000,000 for fiscal year 2006, and such sums as may be necessary for each fiscal year thereafter. (g) Definition.--The term ``qualified entity'' includes State and local public health departments, Federally Qualified Health Centers, public and private hospitals, units of the Medical Reserve Corps, and other entities determined appropriate by the Secretary.
Volunteer Vaccine and Countermeasure Corps Development Act of 2006 - Requires the Secretary of Health and Human Services to establish a Volunteer Vaccine and Countermeasures Corps to facilitate the distribution and provision of vaccines or other countermeasures to individuals under an influenza vaccination program or a countermeasure distribution program established by the Secretary or a state or local entity. Directs that the members of the Corps shall be activated by the declaration of a public health emergency. Allows members of the Corps to be used by qualified entities to carry out activities under a national, state, or local influenza vaccination program or other countermeasure distribution program. Allows the Secretary or a state governor to request assignment of Corps members from a state or territory to participate in a vaccination program or countermeasure distribution program of another state or territory. Requires the Secretary to: (1) develop a National Identification Card that describes the health-related licensure and certification information of Corps members; and (2) award grants for Corps training, recruitment and retention, and capacity building activities. Deems a member of the Corps, when performing duties under an activation and assignment by the Secretary upon a declaration of a public health emergency, to be a federal employee for liability purposes.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom and Mobility in Consumer Banking Act''. SEC. 2. FEDERAL DEPOSIT INSURANCE ACT AMENDMENTS. The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: ``SEC. 51. RIGHT TO CLOSE PERSONAL CHECKING AND SAVINGS ACCOUNTS. ``(a) In General.--An insured depository institution may not-- ``(1) prohibit any person from closing a checking or savings account, regardless of whether the balance in the account is positive, zero, or negative; or ``(2) charge any fee to close any such account. ``(b) Time Limit.--An account at any insured depository institution shall be closed by the institution not later than 48 hours after receiving a request from the customer to close the account. ``(c) Methods of Requesting Closure of an Account.-- ``(1) In general.--Any accountholder of an account at an insured depository institution may request that the account be closed in person, over the phone, or by other electronic or remote means, as may be prescribed by regulation. ``(2) Exception for large accounts.--Notwithstanding paragraph (1), any insured depository institution may require an accountholder of an account which has an outstanding balance of $25,000 or more on deposit at the depository institution to close the account in person, to the extent the depository institution has provided written notice of such requirement to the account holder at any time prior to receiving a request from the accountholder to close the account. ``(d) Repayment of Balances.-- ``(1) In general.--Any balance in an account at an insured depository institution that is closed by the institution pursuant to a request by the accountholder shall repaid to the accountholder in accordance with the following requirements: ``(A) In person.--If the request is made in person, the total amount of funds on deposit in the account shall be paid to the accountholder at the time the request is made at the consumer's option and without a fee, by certified check provided to the consumer at the time of the request, by electronic fund transfer executed on that business day to an account designated by the consumer, or by any other means offered by the financial institution if requested by the consumer. ``(B) Request made by other means.--If the request is made over the phone, or by other electronic or remote means, the total amount of funds on deposit in the account shall promptly be remitted by the institution to the accountholder at the consumer's option and without a fee, by certified check issued on the business day on which the request is received, by electronic fund transfer executed on that business day to an account designated by the consumer, or by any other means offered by the financial institution if requested by the consumer. ``(2) Time limit.--In any case, the payment by an insured depository institution of the total amount of funds on deposit in an account at the institution which the accountholder has requested be closed shall be remitted to the accountholder before the end of the 3 business day period beginning when the accountholder submits such request. ``(e) Prohibition on Any Fees or Charges After Request To Close.-- No insured depository institution may impose any fees or charges on any deposit account at such institution after receiving a request in accordance with subsection (c) to close the account. ``(f) Prohibition on Reopening Account To Make Subsequent Payment.--No insured depository institution may reopen an account that the consumer has requested be closed in accordance with subsection (c) to apply subsequent debits, whether preauthorized or otherwise, or for any other reason, unless the consumer expressly requests that such account be reopened. ``(g) Notice of Subsequent Preauthorized Recurring Debits.--During the 30-day period beginning on the date an account at an insured depository institution is closed pursuant to a request by the accountholder, the insured depository institution shall promptly notify the customer if a preauthorized recurring debit is directed to the account. ``(h) Limitation on Reporting.-- ``(1) Negative balance resulting from fees.--If, at the time any account at an insured depository institution is closed, the account has a negative balance resulting solely from any fee assessed by the depository institution, the insured depository institution may not report the fact of the outstanding balance or any other adverse information with respect to such account to any consumer reporting agency described in section 603(f) of the Fair Credit Reporting Act if such information could be used to adversely affect the consumer's ability to open a transaction account at another depository institution. ``(2) Treatment of negative balance resulting from overdrafts.--If such information could be used to adversely affect the consumer's ability to open a transaction account at another depository institution, an insured depository institution shall not report to any consumer reporting agency (as defined in section 603 of the Fair Credit Reporting Act) that an account had a negative balance at the time of the closure of the account unless all of the following conditions are met: ``(A) Only if the negative balance is the result of funds actually paid by the depository institution to a third party. ``(B) Only for the amount it actually paid to the third party and not for any fees associated with the transaction. ``(C) Only to the extent the negative balance is the result of credit extended through an overdraft line of credit program where the fee or charge incurred in connection with the overdraft is considered a finance charge under the Truth In Lending Act. ``(3) Notice and opportunity for repayment of overdraft.-- If an account of an accountholder at an insured depository institution has a negative balance at the time the account is closed, the insured depository institution-- ``(A) shall promptly notify the accountholder of the fact of the negative balance and the amount due; and ``(B) may, after the end of the 30-day period beginning on the date notice is provided to an accountholder under subparagraph (A)-- ``(i) report the fact of the outstanding balance or any other adverse information with respect to such account to any consumer reporting agency, subject to the limitations in paragraph (2); and ``(ii) take any other collection activity with respect to such outstanding balance. ``(i) Transfer of Direct Deposit Received After Notice of Closure and Payment.--If-- ``(1) during the 30-day period beginning after any balance in an account at an insured depository institution that is closed by the institution pursuant to a request by the accountholder has been repaid to the accountholder, a previously scheduled amount intended for direct deposit into such account is received by such institution, and ``(2) before the time such amount is received, the consumer provides the insured depository institution with an account number and insured depository institution routing number for a successor transaction or savings account at another insured depository institution, the insured depository institution which receives such amount shall transfer such amount, without a fee and by electronic fund transfer, to the insured depository institution identified by the former accountholder for deposit in the transaction or savings account identified by such former accountholder. ``(j) Regulations.--The Federal banking agencies shall jointly prescribe regulations to carry out the purposes of this section.''.
Freedom and Mobility in Consumer Banking Act - Amends the Federal Deposit Insurance Act (FDIA) to prohibit an insured depository institution from: (1) prohibiting any person from closing a checking or savings account, regardless of its balance; or (2) charging a fee to close such an account. Requires a depository institution to close an account within 48 hours after receiving a request from the customer to do so. Permits an account holder to request that the account be closed in person, over the phone, or by other electronic or remote means, as may be prescribed by regulation. Sets forth financial institution procedures for closing large accounts and repaying balances, as well as notice and opportunity for accountholder repayment of overdrafts. Prohibits a depository institution from: (1) imposing fees or charges after receiving a request to close an account, or (2) reopening an account without express account holder request.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Owners Bill of Rights''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Our democracy was founded on principles of ownership, use, and control of private property. These principles are embodied in the fifth amendment to the Constitution prohibiting the taking of private property without the payment of just compensation. (2) A number of Federal environmental programs, specifically the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) have been implemented by employees, agents, and representatives of the Federal Government in a manner that deprives private property owners of the use and control of their property. (3) As new Federal programs are proposed that would limit and restrict the use of private property to provide habitat for plant and animal species, the rights of private property owners must be recognized and respected. (4) Private property owners are being forced by Federal policy to resort to extensive, lengthy, and expensive litigation to protect certain basic civil rights guaranteed by the Constitution. (5) Since many private property owners do not have the financial resources or the extensive commitment of time to proceed in litigation against the Federal Government, a clear Federal policy is needed to guide and direct Federal agencies with respect to their implementation of environmental laws that directly impact private property. (6) While all private property owners should and must abide by current nuisance laws and should not use their property in a manner that harms their neighbors, these laws have traditionally been enacted, implemented, and enforced at the State and local levels where they are best able to protect the rights of all private property owners and local citizens. (7) While traditional pollution control laws are intended to protect the general public's health and physical welfare, current habitat protection programs are intended to protect the welfare of plant and animal species, while allowing the recreational and esthetic opportunities for the public. (b) Purposes.--It is the purpose of this Act to provide a consistent Federal policy to encourage, support, and promote the private ownership of property and to ensure that the constitutional and legal rights of private property owners are protected by the Federal Government, its employees, agents, and representatives. SEC. 3. PROTECTION OF PRIVATE PROPERTY RIGHTS. (a) In implementing and enforcing the Acts, each agency head shall comply with applicable State and tribal government laws, including laws relating to private property rights and privacy; and shall administer and implement the Acts in a manner that has the least impact on private property owners' constitutional and other legal rights. (b) Each agency head shall develop and implement rules and regulations for ensuring that the constitutional and other legal rights of private property owners are protected when the agency head makes, or participates with other agencies in the making of, any final decision that restricts the use of private property. SEC. 4. PROPERTY OWNER CONSENT FOR ENTRY. (a) An agency head may not enter privately-owned property to collect information regarding the property, unless the private property owner has-- (1) consented in writing to that entry; (2) after providing that consent, been provided notice of that entry; and (3) been notified that any raw data collected from the property must be made available at no cost, if requested by the private property owner. (b) Subsection (a) does not prohibit entry onto property for the purpose of obtaining consent or providing notice required under subsection (a). SEC. 5. RIGHT TO REVIEW AND DISPUTE DATA COLLECTED FROM PRIVATE PROPERTY. An agency head may not use data that is collected on privately- owned property to implement or enforce any of the Acts, unless-- (1) the agency head has provided to the private property owner-- (A) access to the information; (B) a detailed description of the manner in which the information was collected; and (C) an opportunity to dispute the accuracy of the information; and (2) the agency head has determined that the information is accurate, if the private property owner disputes the information pursuant to subparagraph (C). SEC. 6. RIGHT TO AN ADMINISTRATIVE APPEAL OF WETLANDS DECISIONS. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by adding at the end the following new subsection: ``(u) Administrative Appeals.-- ``(1) The Secretary or Administrator shall, after notice and opportunity for public comment, issue rules to establish procedures to allow private property owners or their authorized representatives an opportunity for an administrative appeal of the following actions under this section: ``(A) A determination of regulatory jurisdiction over a particular parcel of property. ``(B) The denial of a permit. ``(C) The terms and conditions of a permit. ``(D) The imposition of an administrative penalty. ``(E) The imposition of an order requiring the private property owner to restore or otherwise alter the property. ``(2) Rules issued under paragraph (1) shall provide that any administrative appeal of an action described in paragraph (1) shall be heard and decided by an official other than the official who took the action, and shall be conducted at a location which is in the vicinity of the property involved in the action.''. SEC. 7. RIGHT TO ADMINISTRATIVE APPEAL UNDER THE ENDANGERED SPECIES ACT OF 1973. Section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540) is amended by adding at the end the following new subsection: ``(i) Administrative Appeals.-- ``(1) The Secretary shall, after notice and opportunity for public comment, issue rules to establish procedures to allow private property owners or their authorized representatives an opportunity for an administrative appeal of the following actions under this Act: ``(A) A determination that a particular parcel of property is critical habitat of a listed species. ``(B) The denial of a permit for an incidental take. ``(C) The terms and conditions of an incidental take permit. ``(D) The imposition of an administrative penalty. ``(E) The imposition of an order prohibiting or substantially limiting the use of the property. ``(2) Rules issued under paragraph (1) shall provide that any administrative appeal of an action described in paragraph (1) shall be heard and decided by an official other than the official who took the action, and shall be conducted at a location which is in the vicinity of the parcel of property involved in the action.''. SEC. 8. COMPENSATION FOR TAKING OF PRIVATE PROPERTY. (a) Eligibility.--A private property owner that, as a consequence of a final qualified agency action of an agency head, is deprived of 50 percent or more of the fair market value, or the economically viable use, of the affected portion of the property, as determined by a qualified appraisal expert, is entitled to receive compensation in accordance with this section. (b) Deadline.--Within 90 days after receipt of a final decision of an agency head that deprives a private property owner of fair market value or viable use of property for which compensation is required under subsection (a), the private property owner may submit in writing a request to the agency head for compensation in accordance with subsection (c). (c) Agency Head's Offer.--The agency head, within 180 days after the receipt of a request for compensation, shall stay the decision and shall provide to the private property owner-- (1) an offer to purchase the affected property of the private property owner at a fair market value assuming no use restrictions under the Acts; and (2) an offer to compensate the private property owner for the difference between the fair market value of the property without those restrictions and the fair market value of the property with those restrictions. (d) Private Property Owners' Response.--A private property owner shall have 60 days after the date of receipt of the agency head's offers under subsection (c) (1) and (2) to accept one of the offers or to reject both offers. If the private property owner rejects both offers, the private property owner may submit the matter for arbitration to an arbitrator appointed by the agency head from a list of arbitrators submitted to the agency head by the American Arbitration Association. The arbitration shall be conducted in accordance with the real estate valuation arbitration rules of that association. For purposes of this section, an arbitration is binding on the agency head and a private property owner as to the amount, if any, of compensation owed to the private property owner and whether for purposes of this section the private property owner has been deprived of fair market value or viable use of property for which compensation is required under subsection (a). (e) Judgment.--A qualified agency action of an agency head that deprives a private property owner of property as described in subsection (a), is deemed, at the option of the private property owner to be a taking under the Constitution of the United States and a judgment against the United States if the private property owner-- (1) accepts the agency head's offer under subsection (c); or (2) submits to arbitration under subsection (d). (f) Payment.--An agency head shall pay a private property owner any compensation required under the terms of an offer of the agency head that is accepted by the private property owner in accordance with subsection (d), or under a decision of an arbiter under that subsection, by not later than 60 days after the date of the acceptance or the date of the issuance of the decision, respectively. (g) Form of Payment.--Payment under this section, as that form is agreed to by the agency head and the private property owner, may be in the form of-- (1) payment of an amount equal to the fair market value of the property on the day before the date of the final qualified agency action with respect to which the property or interest is acquired; (2) a payment of an amount equal to the reduction in value; or (3) conveyance of real property or an interest in real property having a fair market value equal to that amount. (h) Other Rights Preserved.--This section does not preempt, alter, or limit the availability of any remedy for the taking of property or an interest in property that is available under the Constitution or any other law. (i) Final Judgments.--When a private property owner unsuccessfully seeks compensation under this section and thereafter files a claim for compensation under the fifth amendment to the Constitution and is successful in obtaining a final judgment ordering compensation from the claims court for that claim, the agency head making the final agency decision resulting in the taking shall reimburse the judgment fund for the amount of the judgment against the United States from funds appropriated to the agency for the 2 fiscal years following payment. SEC. 9. DEFINITIONS. For the purpose of this Act the following definitions apply: (1) ``The Acts'' means the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344). (2) ``Agency head'' means the Secretary or Administrator with jurisdiction or authority to take a final agency action under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344). (3) ``Non-Federal person'' means a person other than an officer, employee, agent, department, or instrumentality of-- (A) the Federal Government; or (B) a foreign government. (4) ``Private property owner'' means a non-Federal person (other than an officer, employee, agent, department, or instrumentality of a State, municipality, or political subdivision of a State, or a State, municipality, or subdivision of a State) that-- (A) owns property referred to in paragraph (5) (A) or (B); or (B) holds property referred to in paragraph (5)(C). (5) ``Property'' means-- (A) land; (B) any interest in land; and (C) any proprietary water right. (6) ``Qualified agency action'' means an agency action (as that term is defined in section 551(13) of title 5, United States Code) that is-- (A) under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); or (B) under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 10. PRIVATE PROPERTY OWNER PARTICIPATION IN COOPERATIVE AGREEMENTS. Section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) is amended by adding at the end the following new subsection: ``(j) Notwithstanding any other provision of this section, when the Secretary enters into a management agreement under subsection (b) with any non-Federal person that establishes restrictions on the use of property, the Secretary shall notify all private property owners or lessees of the property that is subject to the management agreement and shall provide an opportunity for each private property owner or lessee to participate in the management agreement.''.
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian River Land Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Certain lands adjacent to the Russian River in the area of its confluence with the Kenai River contain abundant archaeological resources of significance to the Native people of the Cook Inlet Region, the Kenaitze Indian Tribe, and the citizens of the United States. (2) Those lands at the confluence of the Russian River and Kenai River contain abundant fisheries resources of great significance to the citizens of Alaska. (3) Cook Inlet Region, Inc., an Alaska Native Regional Corporation formed under the provisions of the Alaska Native Claims Settlement Act of 1971 (43 U.S.C. 1601 et seq.) (hereinafter in this Act referred to as ``ANCSA''), has selected lands in the area pursuant to section 14(h)(1) of such Act (43 U.S.C. 1613(h)(1)), for their values as historic and cemetery sites. (4) The United States Bureau of Land Management, the Federal agency responsible for the adjudication of ANCSA selection, has not finished adjudicating Cook Inlet Region, Inc.'s selections under section 14(h)(1) of that Act as of the date of the enactment of this Act. (5) The Bureau of Indian Affairs has certified a portion of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA as containing prehistoric and historic cultural artifacts, and meeting the requirements of section 14(h)(1) of that Act. (6) A portion of the selections under section 14(h)(1) of ANCSA made by Cook Inlet Region, Inc., and certified by the Bureau of Indian Affairs lies within the Chugach National Forest over which the United States Forest Service is the agency currently responsible for the administration of public activities, archaeological features, and natural resources. (7) A portion of the selections under section 14(h)(1) of ANCSA and the lands certified by the Bureau of Indian Affairs lies within the Kenai National Wildlife Refuge over which the United States Fish and Wildlife Service is the land managing agency currently responsible for the administration of public activities, archaeological features, and natural resources. (8) The area addressed by this Act lies within the Sqilantnu Archaeological District which was determined eligible for the National Register of Historic Places on December 31, 1981. (9) Both the Forest Service and the Fish and Wildlife Service dispute the validity and timeliness of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA. (10) The Forest Service, Fish and Wildlife Service, and Cook Inlet Region, Inc., determined that it was in the interest of the United States and Cook Inlet Region, Inc., to-- (A) protect and preserve the outstanding historic, cultural, and natural resources of the area; (B) resolve their disputes concerning the validity of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA without litigation; and (C) provide for the management of public use of the area and protection of the cultural resources within the Sqilantnu Archaeological District, particularly the management of the area at the confluence of the Russian and Kenai Rivers. (11) Legislation is required to enact the resolution reached by the Forest Service, the Fish and Wildlife Service, and Cook Inlet Region, Inc. (b) Purpose.--It is the purpose of this Act to ratify an agreement between the Department of Agriculture, the Department of the Interior, and Cook Inlet Region, Inc. SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE UNITED STATES FOREST SERVICE, UNITED STATES FISH AND WILDLIFE SERVICE, AND COOK INLET REGION, INC. (a) Ratification of Agreement.--The terms, conditions, covenants, and procedures set forth in the document entitled ``Russian River Section 14(h)(1) Selection Agreement'', which was executed by Cook Inlet Region, Inc., the United States Department of Agriculture, and the United States Department of the Interior on July 26, 2001 (hereinafter in this Act referred to as the ``Agreement''), are hereby incorporated in this section, and are ratified, as to the duties and obligations of the United States and the Cook Inlet Region, Inc., as a matter of Federal law. In the event any of the terms of the Agreement conflict with any other provision of law, the terms of the Agreement shall be controlling. (b) Authorization of Actions.--Notwithstanding any other provision of law, the Secretaries of Agriculture and the Interior are authorized to take all actions required under the terms of the Agreement. SEC. 4. AUTHORIZATION OF APPROPRIATION. There is authorized to be appropriated to the Department of Agriculture, Office of State and Private Forestry, $13,800,000, to remain available until expended, for Cook Inlet Region, Inc., for the following: (1) Costs for the planning and design of the Joint Visitor's Interpretive Center. (2) Planning and design of the Sqilantnu Archaeological Research Center. (3) Construction of these facilities to be established in accordance with and for the purposes set forth in the Agreement.
Russian River Land Act - Ratifies the terms, conditions, covenants, and procedures set forth in the Russian River Section 14(h)(1) Selection Agreement between Cook Inlet Region, Inc. (the Corporation), and the Departments of Agriculture and the Interior.Authorizes the Secretaries of Agriculture and the Interior to take all actions required under the terms of such Agreement.Authorizes appropriations to the Department of Agriculture, Office of State and Private Forestry, for the Corporation for: (1) costs for the planning and design of the Joint Visitor's Interpretive Center; (2) planning and design of the Sqilantnu Archeological Research Center; and (3) construction of these facilities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Prescription Drug Benefits for Veterans Act of 2003''. SEC. 2. PRESCRIPTION DRUG BENEFIT FOR VETERANS. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1722A the following new section: ``Sec. 1722B. Prescription drug benefit ``(a) Benefit.--The Secretary shall establish a prescription drug benefit program in accordance with this section. Under the program, the Secretary shall furnish to veterans described in subsection (b) drugs and medicines ordered on prescription of a duly licensed physician or other authorized health care professional who is not an employee of the Department, subject to the payment of any applicable premium and copayment under this section. ``(b) Veterans Eligible for Benefit.--A veteran is eligible to participate in the prescription drug benefit program under this section if the veteran-- ``(1) is enrolled in the Department health care system under section 1705 of this title; ``(2) seeks an initial appointment with a physician or other health-care provider of the Department to obtain a prescription for drugs or medicines; and ``(3) either-- ``(A) is informed that such an appointment may be made only for a date that is more than 30 days after the date on which the veteran makes the contact seeking the appointment; or ``(B) otherwise, through no responsibility of the veteran, does not actually have such an appointment within 30 days of the date on which the veteran makes the contact seeking the appointment. ``(c) Annual Premium and Copayments.--(1) The Secretary shall by regulation establish an annual premium amount that must be paid to the United States by a veteran for drugs and medicines furnished under this section each year before such drugs and medicines are furnished to that veteran at the expense of the United States that year. ``(2) The Secretary shall by regulation establish an amount (known as a `copayment') that must be paid to the United States by a veteran for each 30-day supply of drugs and medicines furnished under this section. If the quantity of such drugs and medicines furnished is less than a 30-day supply, the amount of the copayment charge may not be reduced. ``(3) The Secretary may establish different copayment amounts for prescriptions depending on-- ``(A) whether they are filled under a generic drug name or by brand name; ``(B) whether or not they are available by mail; and ``(C) whether or not they are on the Department's National Prescription Drug Formulary. ``(4) The amount of the copayment charged for any particular prescription-- ``(A) may not be less than the amount in effect under section 1722A of this title for the copayment for medications furnished by the Department on prescription of Department health-care professionals; and ``(B) subject to subparagraph (A), may not exceed the cost to the Secretary of furnishing the drugs or medicine. ``(d) Disposition of Receipts.--Any amount received under subsection (c) shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund. ``(e) Nonliability.--A health care professional may not be considered to be an agent or employee of the United States by reason of a prescription of that health care professional being furnished by the Secretary under this section. ``(f) Information Resources.--(1) The Secretary shall maintain records of the costs of the program under this section. ``(2) Not later than six years after the date of the enactment of this section, the Secretary shall implement a computerized patient profile system for participants in the prescription drug benefit program under this section. The patient profile system shall have the capability, for each participant in the program, of identifying-- ``(A) known drug interactions; ``(B) contraindicated drugs; ``(C) available `best value' treatment alternatives for prescribed medications; and ``(D) patient safety issues. ``(g) Annual Report to Congress.--The Secretary shall submit to Congress an annual report on the operation of this section for each of the first five years this section is in effect. Each such report shall include the following: ``(1) The number of participants in the program during the year covered by the report and, of that number, the number who were new enrollees during that year. ``(2) The cost to the Department of the program under this section during the year covered by the report. ``(3) The amount of resources added during the year covered by the report to accommodate increased workloads by reason of this section. ``(h) Regulations.--The Secretary shall prescribe regulations to carry out this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1722A the following new item: ``1722B. Prescription drug benefit.''. (b) Effective Date.--Section 1722B of title 38, United States Code, as added by subsection (a), shall take effect on the first day of the first month beginning more than six months after the date of the enactment of this Act.
Improving Access to Prescription Drug Benefits for Veterans Act of 2003 - Directs the Secretary of Veterans Affairs to establish a prescription drug benefit program under which drugs and medicines are furnished to eligible veterans on prescription of a duly licensed physician or other authorized health care professional who is not an employee of the Department of Veterans Affairs, subject to the payment of any required premium and copayment. Makes eligible for the program any veteran who: (1) is enrolled in the Department health care system; (2) seeks an initial appointment with a Department physician or other health-care provider to obtain a prescription; and (3) can not obtain such an appointment until more than 30 days later. Requires the Secretary to: (1) establish required premiums and copayments; (2) maintain records of the costs of the program; and (3) implement a computerized patient profile system for program participants.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Prevent a Government Shutdown Act of 2015''. (b) Findings.--Congress finds the following: (1) The Budget Control Act of 2011 set tight discretionary spending caps and required additional deficit reduction to be accomplished either through bipartisan, bicameral negotiations or, as a fallback, through sequestration that would further cut discretionary and mandatory spending levels. The threat of such draconian and arbitrary cuts was intended to encourage lawmakers to negotiate a thoughtfully designed substitute package of revenue increases and targeted spending cuts. (2) The negotiations that followed were unsuccessful and the initial sequester took place in fiscal year 2013. (3) While the threat of a sequester had not led to an agreement, the reality of a sequester did. Lawmakers negotiated a two-year agreement that set higher levels of both defense and non-defense discretionary (NDD) spending for fiscal years 2014 and 2015. (4) A similar agreement is necessary now to avoid deep budget cuts in the new fiscal year, beginning on October 1, 2015. (5) Senator John McCain and Representative Mac Thornberry, the Chairs of the Senate and House Armed Services Committees, have criticized the level of defense spending allowed under sequestration: ``These cuts are seriously undermining the capabilities, readiness, morale and modernization of the armed forces. The senior military leaders of the Army, Navy, Air Force and Marine Corps have all testified to our committees that, with defense spending at sequestration levels, they cannot execute the National Military Strategy.'' (6) The impact of the cuts on NDD spending is becoming increasingly clear. NDD United--an alliance of more than 2,500 organizations trying to protect NDD investments that benefit all Americans--made the case that ``these self-imposed cuts are dragging down our economic recovery, hampering business growth and development, weakening public health preparedness and response, reducing resources for our nation's schools and colleges, compromising federal oversight and fraud recovery, hindering scientific discovery, eroding our infrastructure, and threatening our ability to address emergencies around the world.'' The impact can also be seen in the bills reported by the House Committee on Appropriations for fiscal year 2016. Among other things, those bills would cut the Department of Education by $2.8 billion below the current level, take away housing vouchers from thousands of families, and provide $1.4 billion less than the President requested for the Department of Veterans Affairs. (7) The sequester--in addition to endangering our defense, reducing investments in our future, and risking harm to vulnerable Americans--will weaken the Nation's ongoing economic recovery. A recent analysis by the Congressional Budget Office found that eliminating the sequester would increase Gross Domestic Product by 0.4 percent in 2016 and 0.2 percent in 2017. It would also increase employment by 500,000 next year and 300,000 in 2017. (8) Providing relief from the sequester will also make it possible for Congress to act on appropriations legislation before the start of the fiscal year, averting a Government shutdown if funding is not in place. (9) The last Government shutdown lasted for 16 days in 2013. The Office of Management and Budget later found that the shutdown cost the economy about 120,000 private-sector jobs and shrunk GDP growth in that quarter by 0.2 percent to 0.6 percent. The country lost 6.6 million days' worth of work through furloughs of Federal employees; national parks lost $500 million in visitor spending; $4 billion in tax refunds were delayed; nearly 6,300 children lost access to Head Start; and hundreds of food safety inspections were delayed. (10) Therefore, to prevent another Government shutdown and allow appropriations bills for fiscal year 2016 to fund vital services at necessary levels, immediate negotiations on a budget agreement are needed. An essential component of those negotiations should be to raise the discretionary spending caps for defense and non-defense, eliminating the non-defense sequester and reducing the defense sequester by the same amount. (11) It is preferable that Congress agree to offset the cost of the sequester relief with deficit reduction from closing special interest tax loopholes. However, it is imperative that the sequester relief occur regardless of whether the agreement for offsetting deficit reduction is reached. SEC. 2. BIPARTISAN, BICAMERAL AGREEMENT ON SEQUESTER RELIEF. (a) In General.--A bipartisan measure shall be negotiated, by the individuals appointed under subsection (b), that-- (1) increases the discretionary spending limit for fiscal years 2016 and 2017 in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), with the increases equally applied to the revised security category and the revised nonsecurity category for each such fiscal year; and (2) includes provisions that reduce the deficit by an amount deemed appropriate. (b) Appointment of Members.--Not later than 1 day after the date of enactment of this Act-- (1) the Speaker of the House of Representatives shall determine the total number of individuals that shall negotiate the measure described under subsection (a); and (2) the Speaker, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint one quarter of the total number of individuals determined under paragraph (1). (c) Approval and Consideration of Measure.-- (1) Approval.--The measure described in subsection (a) shall require the approval of a majority of the individuals appointed under subsection (b)(2). (2) Consideration.--If approved under paragraph (1), the measure shall be considered under the procedures set forth in section 402 of the Budget Control Act of 2011 (Public Law 112- 25), other than subsection (g), and except that in applying such section, ``September 25, 2015'' shall be substituted for ``December 9, 2011'' and ``September 30, 2015'' shall be substituted for ``December 23, 2011'' in each place it appears. SEC. 3. ALTERNATIVE ADJUSTMENT TO DISCRETIONARY SPENDING LIMITS FOR FISCAL YEAR 2016 AND 2017. (a) Security and Nonsecurity Discretionary Spending Limit Adjustments.--If the measure described under section 2(a) is not enacted into law before October 1, 2015, effective upon October 1, 2015, the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) is amended as follows: (1) In section 251(c)-- (A) in paragraph (3)(A), by striking the dollar amount and inserting ``$559,600,000,000''; and (B) in paragraph (4)(A), by striking the dollar amount and inserting ``$573,393,000,000''. (2) In section 251A-- (A) in paragraph (10)(A), by striking the period at the end and inserting ``and for fiscal years 2016 and 2017 by the Prevent a Government Shutdown Act of 2015.''; and (B) in paragraph (10)(B), by striking ``and 2015'' and inserting ``2015, 2016, and 2017''. (b) Application.--Any adjustment made to the discretionary spending limits for fiscal year 2016 in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) by the Office of Management and Budget before the date of enactment of this Act shall have no force or effect. The preceding sentence shall only apply if the measure described under section 2(a) is not enacted into law before October 1, 2015.
Prevent a Government Shutdown Act of 2015 This bill requires the congressional leadership of both parties to appoint an equal number of individuals to negotiate legislation to: (1) increase the security and nonsecurity discretionary spending limits equally for both FY2016 and FY2017, and (2) reduce the deficit by the amount deemed appropriate. If a majority of the appointees approve the measure, Congress must consider the legislation using expedited legislative procedures included in the Budget Control Act of 2011. If the legislation is not enacted prior to October 1, 2015, the bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to increase the discretionary spending limits by specified amounts and eliminate the automatic spending cuts required in FY2016 and FY2017 by sequestration under current law.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Start Saving Sooner Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Studies indicate that children as young as 3 years old are able to grasp financial concepts and that basic financial habits are largely formulated by age 7. (2) Research shows that children born to low-income parents who are good financial savers are more likely to move up the economic ladder than children from low-income households that do not save. According to a 2011 study controlled for income and demographic factors, youth who own financial accounts are 7 times more likely to attend college. (3) If tax-advantaged retirement accounts such as Roth IRAs could be opened for children between the ages of zero and 18, these individuals are likely to acquire substantially more tax- free assets by retirement age than their peers. (4) Children who possess retirement accounts from a young age will benefit from longer exposure to compound interest and can be expected to attain higher levels of financial literacy, college graduation and retirement security in adulthood. (5) Greater private retirement savings for Americans of all ages will increase personal financial security and responsibility, reducing the likelihood that seniors will need to rely solely on Social Security for their retirement income. (6) Federal policy should better enable parents, guardians and families of all income levels to encourage youth saving and investment for retirement at an earlier age. (7) Federal policy should help create retirement savings incentives for low-income Americans because studies show that low-income Americans will save more for retirement if there are incentives and structures in place to help them do so. A refundable incentive like the Saver's Credit would reach 50 million low-income households--nearly 10 times the number a non-refundable credit reaches. SEC. 3. YOUNG SAVERS ACCOUNT. (a) Establishment of Accounts.-- (1) In general.--Section 408A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Young Savers Account.-- ``(1) In general.--Except as provided in this subsection, a young savers account shall be treated in the same manner as a Roth IRA. ``(2) Young savers account.--For purposes of this subsection, the term `young savers account' means, with respect to any taxable year, a Roth IRA which is maintained on behalf of an individual who has not attained age 18 before the close of the taxable year and which is designated (in such manner as the Secretary may prescribe) at the time of establishment as a young savers account. ``(3) Contribution limits.--In the case of any contributions for any taxable year to 1 or more young savers accounts maintained on behalf of an individual, each of the following contribution limits for the taxable year shall be increased as follows: ``(A) The contribution limit applicable to the individual under subsection (c)(2) shall be increased by the aggregate amount of qualified young saver contributions to such accounts for the taxable year. ``(B) The contribution limits applicable to the young savers accounts under subsection (a)(1) or (b)(2)(B) of section 408, whichever is applicable, shall be increased by the deductible amount in effect under section 219(b)(5) for such taxable year (determined without regard to subparagraph (B) thereof). ``(4) Qualified young saver contributions.--For purposes of this subsection-- ``(A) In general.--The term `qualified young saver contribution' means a contribution by an individual (with respect to whom a young savers account is not maintained during the taxable year) to a young savers account maintained on behalf of another individual. ``(B) Limitations.-- ``(i) Limit on accounts with respect to individual.--The aggregate amount of contributions which may be made for any taxable year to all young savers accounts maintained on behalf of an individual shall not exceed the deductible amount in effect for the taxable year under section 219(b)(5) (determined without regard to subparagraph (B) thereof). ``(ii) Limit on contributors.--The aggregate amount of qualified young saver contributions an individual may make for any taxable year to all young savers accounts shall not exceed the deductible amount in effect for the taxable year under section 219(b)(5) (determined without regard to subparagraph (B) thereof), reduced by any contributions made by or on behalf of the individual to any Roth IRA maintained on behalf of the individual.''. (b) Eligible for Savers Credit.--Paragraph (1) of section 25B(d) of such Code is amended by striking ``and'' at the end of subparagraph (B)(ii), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) the amount of any contribution to a young savers account.''. (c) Refund Payable to Young Savers Account.-- (1) In general.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. YOUNG SAVERS ACCOUNT REFUND PAYMENT. ``In the case of any overpayment (or portion thereof) which is attributable to a credit allowed to an individual under section 25B by reason of a contribution to a young savers account, the Secretary shall pay the amount of such overpayment (or such portion) into the young savers account to which such contribution was made. The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (2) Clerical amendment.--The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6433. Young savers account refund payment.''. (d) Young Savers Account Information Included With Application for Social Security Card.--The Commissioner of Social Security, in consultation with the Secretary of the Treasury, shall include with materials relating to the application for a social security card information describing young savers accounts (as defined in section 408A(g)(2) of the Internal Revenue Code of 1986) and related tax benefits. (e) Account Funds Disregarded for Purposes of All Means Tested Federal Programs.--Notwithstanding any other provision of Federal law, assets accumulated in young savers accounts (within the meaning of section 408A(g) of the Internal Revenue Code of 1986) shall not be taken into account in determining any individual's or household's financial eligibility for, or amount of, any benefit or service, paid for in whole or in part with Federal funds, including student financial aid. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
Start Saving Sooner Act of 2015 Amends the Internal Revenue Code to establish a tax-exempt individual retirement account for taxpayers under age 18, to be known as a young savers account. Treats such accounts as Roth individual retirement accounts for income tax purposes. Allows the tax credit for retirement savings for contributions to a young savers account. Directs the Secretary of the Treasury to pay any overpayment of tax that is attributable to the tax credit for retirement savings to the taxpayer's young savers account.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Timely Repatriation Act''. SEC. 2. TIMELY REPATRIATION. (a) Listing of Countries.--Beginning on the date that is 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary of Homeland Security shall publish a report including the following: (1) A list of the following: (A) Countries that have refused or unreasonably delayed repatriation of an alien who is a national of that country since the date of enactment of this Act and the total number of such aliens, disaggregated by nationality. (B) Countries that have an excessive repatriation failure rate. (2) A list of each country that was included under subparagraph (B) or (C) of paragraph (1) in both the report preceding the current report and the current report. (b) Sanctions.--Beginning on the date that a country is included in a list under subsection (a)(2) and ending on the date that that country is not included in such list, that country shall be subject to the following: (1) The Secretary of State may not issue visas under section 101(a)(15)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants, servants, personal employees, and members of their immediate families, of the officials and employees of that country who receive nonimmigrant status under clause (i) or (ii) of section 101(a)(15)(A) of such Act. (2) Each 6 months thereafter that the country is included in that list, the Secretary of State shall reduce the number of visas available under clause (i) or (ii) of section 101(a)(15)(A) of the Immigration and Nationality Act in a fiscal year to nationals of that country by an amount equal to 10 percent of the baseline visa number for that country. Except as provided under section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253), the Secretary may not reduce the number to a level below 20 percent of the baseline visa number. (c) Waivers.-- (1) National security waiver.--If the Secretary of State submits to Congress a written determination that significant national security interests of the United States require a waiver of the sanctions under subsection (b), the Secretary may waive any reduction below 80 percent of the baseline visa number. The Secretary of Homeland Security may not delegate the authority under this subsection. (2) Temporary exigent circumstances.--If the Secretary of State submits to Congress a written determination that temporary exigent circumstances require a waiver of the sanctions under subsection (b), the Secretary may waive any reduction below 80 percent of the baseline visa number during 6-month renewable periods. The Secretary of Homeland Security may not delegate the authority under this subsection. (d) Exemption.--The Secretary of Homeland Security, in consultation with the Secretary of State, may exempt a country from inclusion in a list under subsection (a)(2) if the total number of nonrepatriations outstanding is less than 10 for the preceding 3-year period. (e) Unauthorized Visa Issuance.--Any visa issued in violation of this section shall be void. (f) Notice.--If an alien who has been convicted of a criminal offense before a Federal or State court whose repatriation was refused or unreasonably delayed is to be released from detention by the Secretary of Homeland Security, the Secretary shall provide notice to the State and local law enforcement agency for the jurisdictions in which the alien is required to report or is to be released. When possible, and particularly in the case of violent crime, the Secretary shall make a reasonable effort to provide notice of such release to any crime victims and their immediate family members. (g) Definitions.--For purposes of this section: (1) Refused or unreasonably delayed.--A country is deemed to have refused or unreasonably delayed the acceptance of an alien who is a citizen, subject, national, or resident of that country if, not later than 90 days after receiving a request to repatriate such alien from an official of the United States who is authorized to make such a request, the country does not accept the alien or issue valid travel documents. (2) Failure rate.--The term ``failure rate'' for a period means the percentage determined by dividing the total number of repatriation requests for aliens who are citizens, subjects, nationals, or residents of a country that that country refused or unreasonably delayed during that period by the total number of such requests during that period. (3) Excessive repatriation failure rate.--The term ``excessive repatriation failure rate'' means, with respect to a report under subsection (a), a failure rate greater than 10 percent for any of the following: (A) The period of the 3 full fiscal years preceding the date of publication of the report. (B) The period of 1 year preceding the date of publication of the report. (4) Number of non-repatriations outstanding.--The term ``number of non-repatriations outstanding'' means, for a period, the number of unique aliens whose repatriation a country has refused or unreasonably delayed and whose repatriation has not occurred during that period. (5) Baseline visa number.--The term ``baseline visa number'' means, with respect to a country, the average number of visas issued each fiscal year to nationals of that country under clauses (i) and (ii) of section 101(a)(15)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) for the 3 full fiscal years immediately preceding the first report under subsection (a) in which that country is included in the list under subsection (a)(2). (h) GAO Report.--On the date that is 1 day after the date that the President submits a budget under section 1105(a) of title 31, United States Code, for fiscal year 2016, the Comptroller General of the United States shall submit a report to Congress regarding the progress of the Secretary of Homeland Security and the Secretary of State in implementation of this section and in making requests to repatriate aliens as appropriate.
Timely Repatriation Act This bill directs the Department of Homeland Security (DHS) to publish a report every six months listing: (1) countries that have refused or unreasonably delayed repatriation of an alien who is a national of that country (the report must include the total number of such aliens) and countries that have an excessive repatriation failure rate, and (2) each country that was included in both the report preceding the current report and the current report (DHS may exclude a country if the total number of nonrepatriations outstanding is less than 10 for the preceding three-year period). The Department of State, with respect to a listed country: (1) may not issue visas to attendants, servants, and personal employees of such country's officials and employees who receive nonimmigrant status; and (2) shall reduce the number of visas available for such country's diplomats and officials/employees by 10% for each six months that a country is listed.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer Patient Education Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The American Cancer Society estimates that in 2013, about 232,340 new cases of breast cancer will be diagnosed in American women. (2) Breast cancer has a disproportionate and detrimental impact on African-American women and is the most common cancer among Hispanic women. (3) African-American women under the age of 40 have a greater incidence of breast cancer than Caucasian women of the same age. (4) According to the Health Resources and Services Administration, women residing in rural areas may have lower rates of mammography screening compared to non-rural women because of barriers to health care, such as greater distances to medical facilities and lower educational, income, and health insurance levels. (5) Individuals undergoing surgery for breast cancer should have the opportunity to give due consideration to the option of breast reconstructive surgery, either at the same time as the breast cancer surgery or at a later date. (6) According to the American Cancer Society, immediate breast reconstruction offers the advantage of combining the breast cancer surgery with the reconstructive surgery and is cost effective, while delayed breast reconstruction may be advantageous in women who require post-surgical radiation or other treatments. (7) A woman who has had a breast removed may not be a candidate for surgical breast reconstruction or may choose not to undergo additional surgery and instead choose breast prostheses. (8) The Women's Health and Cancer Rights Act of 1998 (WHCRA; Public Law 105-277) requires health plans that offer medical and surgical benefits with respect to a mastectomy to also provide coverage for all stages of reconstruction of the breast on which the mastectomy has been performed, surgery and reconstruction of the other breast to produce a symmetrical appearance, prostheses, and physical complications of mastectomy, including lymphedemas. (9) A 2007 study by Amy Alderman, M.D. at the University of Michigan reported that up to 70 percent of women eligible for breast reconstruction are not informed of their reconstructive options by their general surgeon. (10) A 2003 study by Alderman and others found that race is a significant predictor of reconstruction. Compared with the odds of reconstruction for Caucasians, the odds of reconstruction for African-Americans, Hispanics, and Asians are significantly less. (11) A 2007 study by Caprice Greenberg, M.D. of the Dana Farber Cancer Institute and others found that Hispanic patients were less likely to receive reconstruction. This may be because of language barriers between the patient and provider. Although 72 percent of patients who primarily spoke English went on to receive reconstruction after discussing it with their providers, no patient in the study with a primary language other than English went on to receive reconstruction. (12) A 2009 study by Alderman and others also found that the relationship between race and reconstruction rates persisted when demographic and clinical factors were controlled for. Minority women are significantly less likely than Caucasians to see a plastic surgeon before initial surgery, were most likely to desire more information about reconstruction, and satisfaction was lowest among minority women without reconstruction. (13) The low use of reconstruction for minorities is not explained by lower demand for the procedure. Lower health literacy, financial issues, and less access to plastic surgeons emerged as barriers to reconstruction in the 2009 Alderman study. These results suggest that there is a substantial unmet need for information, especially among racial and ethnic minority groups regarding reconstruction options and coverage required by the Women's Health and Cancer Rights Act of 1998. (14) A 2010 study by Warren H. Tseng, M.D. and others at the University of California Davis found that patients from rural areas are less likely to undergo breast reconstruction following mastectomy for breast cancer than their urban counterparts. SEC. 3. BREAST RECONSTRUCTION EDUCATION. Part V of title III of the Public Health Service Act (42 U.S.C. 280m; programs relating to breast health and cancer) is amended by adding at the end the following: ``SEC. 399NN-1. BREAST RECONSTRUCTION EDUCATION. ``(a) In General.--The Secretary shall provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options, with a focus on informing patients who are members of racial and ethnic minority groups. ``(b) Information To Be Disseminated.-- ``(1) Specific information.--Such campaign shall include dissemination of the following information: ``(A) Breast reconstruction is possible at the time of breast cancer surgery, or at a later time. ``(B) Prostheses or breast forms may be available. ``(C) Federal law mandates both public and private health plans to include coverage of breast reconstruction and prostheses. ``(D) The patient has a right to choose a provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care. ``(E) The patient may opt to undergo breast reconstruction some time after the time of breast cancer surgery for personal or medical reasons, during treatment or after completion of all other breast cancer treatments. ``(2) Other information.--In addition to the information described in paragraph (1), such campaign may include dissemination of such other information (whether developed by the Secretary or by other entities) as the Secretary determines relevant. ``(3) Required publication.--The information required to be disseminated under paragraph (1) and any information disseminated in accordance with paragraph (2) shall be posted on the Internet Web sites of relevant Federal agencies, including the Office of Women's Health, the Office of Minority Health, and the Office of Rural Health Policy. ``(4) Restriction.--Such campaign shall not specify, or be designed to serve as a tool to limit, the health care providers available to patients. ``(c) Consultation.--In developing the information to be disseminated under this section, the Secretary shall consult with appropriate medical societies and patient advocates related to breast cancer, breast reconstructive surgery, breast prostheses, and breast forms and with patient advocates representing racial and ethnic minority groups with a special emphasis on African-American and Hispanic populations. ``(d) Definitions.--In this section, the terms `racial and ethnic minority group' and `Hispanic' have the meanings given such terms in section 1707. ``(e) Report.--Not later than 2 years after date of enactment of the Breast Cancer Patient Education Act of 2013 and every 2 years thereafter, the Secretary 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 describing the activities carried out under this section during the preceding 2 fiscal years, which shall include an evaluation of the extent to which such activities have been effective in improving the health and well- being of racial and ethnic minority groups.''.
Breast Cancer Patient Education Act of 2013 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options, with a focus on informing patients who are members of racial and ethnic minority groups. Requires such campaign to include dissemination of the following information: (1) breast reconstruction is possible at the time of breast cancer surgery or at a later time; (2) prostheses or breast forms may be available; (3) federal law mandates that both public and private health plans include coverage of breast reconstruction and prostheses; (4) the patient has a right to choose the provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care; and (5) the patient may opt to undergo breast reconstruction at a time after surgery for personal or medical reasons during treatment or after completion of all other breast cancer treatments. Requires the information required to be disseminated by this Act to be posted on the Internet websites of relevant federal agencies, including the Office of Women's Health, the Office of Minority Health, and the Office of Rural Health Policy. Prohibits such campaign from specifying, or being designed to serve as a tool to limit, the health care providers available to patients. Requires biennial reports to Congress describing and evaluating the activities carried out under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sportsmen's Bill of Rights Act of 1997''. SEC. 2. FINDINGS; POLICY. (a) Findings.--Congress finds that-- (1) fishing is an important and traditional recreational activity in which 36,000,000 Americans 16 years old and older participate; (2) hunting is an important and traditional recreational activity in which 14,000,000 Americans 16 years old and older participate; (3) survey data from a recent comprehensive 3-year study entitled ``Factors Related to Hunting and Fishing Participation in the United States'' suggest that 95 percent of Americans approve of fishing and 81 percent of Americans approve of hunting; (4) anglers and hunters have been and continue to be among the foremost supporters of sound wildlife management and conservation practices in the United States; (5) persons who hunt or fish and organizations related to those activities provide direct assistance and support to wildlife managers and enforcement officers of Federal, State, and local governments; (6) funds raised through license, permit, and stamp purchases as well as through excise taxes on goods used by anglers and hunters have generated more than $6,000,000,000 for wildlife research and management; (7) fishing and hunting are essential components of effective wildlife management in that they tend to reduce conflicts between people and wildlife and provide incentives for the conservation of wildlife and the habitats and ecosystems on which wildlife depends; and (8) each State-- (A) has established 1 or more agencies staffed by professionally trained fish and wildlife management personnel; (B) has legal authority to manage the fish and wildlife found within the State; and (C) carries out sound programs of fish and wildlife management. (b) Policy.--It is the policy of the United States that, in performing duties under Federal law, each Federal agency that has authority to manage a natural resource, or the land and water on which a natural resource depends, shall exercise the authority in a manner so as to support, promote, and enhance fishing and hunting and opportunities for fishing and hunting. SEC. 3. TAKING OF FISH AND WILDLIFE ON FEDERAL PUBLIC LANDS. (a) In General.--Federal public land shall be open to access and use for fishing and hunting of wildlife, unless-- (1) the responsible agency of the State in which the Federal public land is located limits access to and use of the land as part of wildlife management by the State; or (2) the Federal agency responsible for the Federal public land limits access and use-- (A) for reasons of national security; or (B) for reasons related to specific statutory requirements regarding the management and use of the Federal public land, including public safety. (b) Certain Lands Administered by the National Park Service.-- Nothing in this section compels the opening to access and use for fishing and hunting of wildlife of any national park or monument administered by the National Park Service. (c) No Priority.--This section does not require a Federal agency to give preference to fishing or hunting over other uses of Federal public land or land management priorities established by Federal law. SEC. 4. PROTECTION OF THE INTEGRITY OF SPORTSMEN'S TRUST ACCOUNTS. (a) Federal Aid in Wildlife Restoration Act.--The Act entitled ``An Act to provide that the United States shall aid the States in wildlife- restoration projects, and for other purposes'', approved September 2, 1937 (commonly known as the ``Federal Aid in Wildlife Restoration Act'') (16 U.S.C. 669 et seq.), is amended-- (1) by striking ``Secretary of Agriculture'' each place it appears and inserting ``Secretary of the Interior''; and (2) in section 4 (16 U.S.C. 669c), by adding at the end the following: ``(c) Use of Funds.--The amount of funding made available to the Secretary of the Interior for expenses under this section shall not be available to replace funding that is-- ``(1) authorized for any other expense under the jurisdiction of the Secretary of the Interior; and ``(2) decreased under any other provision of law.''. (b) Federal Aid in Fish Restoration Act.--Section 4 of the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes'', approved August 9, 1950 (commonly known as the ``Federal Aid in Fish Restoration Act'') (16 U.S.C. 777c), is amended by adding at the end the following: ``(f) Use of Funds.--The amount of funding made available to the Secretary of the Interior for expenses under this section shall not be available to replace funding that is-- ``(1) authorized for any other expense under the jurisdiction of the Secretary of the Interior; and ``(2) decreased under any other provision of law.''. SEC. 5. EVALUATION OF WILDLIFE MANAGEMENT EFFECTS. (a) Statement.--No Federal agency action that may significantly diminish opportunities for, or access to, engaging in fishing or hunting on Federal public land shall be effective until the agency prepares a detailed statement evaluating the effect of the action on fishing or hunting. (b) Notice and Hearing.--Before taking an action described in subsection (a), a Federal agency shall-- (1) provide notice of the proposed agency action to the appropriate State agency responsible for the conduct or oversight of fish and wildlife management; and (2) conduct a public hearing in the vicinity of the proposed action. (c) Judicial Review.--A person that may be adversely affected by a loss of fishing or hunting opportunities on Federal public land as a result of an agency action described in subsection (a) may bring a civil action in United States district court for review of the adequacy of the statement required by subsection (a). (d) Emergencies.--Nothing in this section precludes an agency from exercising statutory authority to close to access and use for fishing and hunting of wildlife any Federal public land in an emergency or other exigent circumstance. (e) Effect on Other Law.--Nothing in this section affects or has application to the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) or the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). SEC. 6. CIVIL ACTIONS. (a) Intervention.--A person interested in engaging in fishing or hunting shall be entitled to intervene as a matter of right in a civil action, brought under any other Federal law relating to the use of any Federal public land, in which the plaintiff seeks an order that would require the use (or nonuse) of the land in such a manner as to impair such access to or use of the land for the purpose of fishing or hunting as is required by this Act. (b) Consideration of Interests.--If an intervenor under subsection (a) shows that the application of another Federal law as sought by the plaintiff would be likely to impair such access to or use of the land for the purpose of fishing or hunting as is required by this Act, the court shall not grant the relief sought unless the plaintiff shows that the interest intended to be advanced by the other Federal law clearly outweighs the interest of protecting access to and use of Federal public land for fishing and hunting. SEC. 7. STANDING TO BRING A CIVIL ACTION. An individual who is licensed by a State to engage in fishing or hunting, or an organization representing the interests of such individuals, may bring a civil action in United States district court to seek declaratory or injunctive relief regarding the implementation of any provision of this Act, including-- (1) a declaration that a civil action brought by a person may significantly disrupt or eliminate opportunities for fishing or hunting; and (2) an injunction against the prosecution of the civil action. SEC. 8. AUTHORITY OF THE STATES. (a) In General.--Nothing in this Act impairs the primacy of State authority in regulating the taking of fish and wildlife on land within the State, including Federal public land. (b) Federal Authority.--Except as expressly provided by Act of Congress, the authority of a Federal agency regarding the taking of fish and wildlife on Federal public land managed by the Federal agency shall be no greater than the rights of a private owner of land.
Sportsmen's Bill of Rights Act of 1997- Requires Federal public land to be open to access and for use for fishing and hunting if: (1) the responsible State agency in which Federal public land is located limits access to and use of the land as part of wildlife management by the State; or (2) the Federal agency responsible for Federal public land limits access and use for national security or for reasons related to specific statutory requirements regarding the management and use of the land, including public safety. Amends the Federal Aid in Wildlife Restoration Act to authorize the Secretary of the Interior (Secretary) to cooperate with the Secretary of the Interior of Puerto Rico (currently, Secretary of Agriculture of Puerto Rico) in the conduct of wildlife-restoration projects. Prohibits the amount of funding made available to the Secretary for expenses in the administration and execution of wildlife-restoration projects and the Migratory Bird Conservation Act from being made available to replace funding that is: (1) authorized for any other expense under the Secretary's jurisdiction; and (2) decreased under any other provision of law. Amends the Federal Aid in Fish Restoration Act to prohibit the amount of funding made available to the Secretary for fish restoration and management projects from being used to replace funding that is authorized and decreased as above. Prohibits a Federal agency's action that may significantly diminish opportunities or access to engage in fishing or hunting on Federal public land from being effective until the agency prepares a detailed statement evaluating the effect of such action. Provides for judicial review of such action. Entitles a person interested in fishing or hunting to intervene as a matter of right in a civil action brought under any other Federal law relating to the use of Federal public land, under specified conditions. Bars the court from granting the relief sought unless the plaintiff shows that the interest intended to be advanced by the other Federal law clearly outweighs the interest of protecting access to, and use of, Federal public land for fishing and hunting. Allows an individual licensed by a State to fish or hunt or an organization representing such individual's interests to bring a civil action in a U.S. district court to seek declaratory or injunctive relief regarding the implementation of this Act, including a declaration that a civil action brought by a person may significantly disrupt or eliminate opportunities for fishing or hunting and an injunction against the prosecution of the civil action. Reaffirms the primacy of State authority in regulating the taking of fish and wildlife on such State's land, including Federal public land, stating that a Federal agency's taking authority in such regard shall be no greater than that of a private landowner.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Drunk Driving Repeat Offender Prevention Act of 2013''. SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED DRIVING. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 159 the following: ``Sec. 160. Use of ignition interlock devices to prevent repeat intoxicated driving ``(a) Definitions.--In this section: ``(1) Alcohol concentration.--The term `alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. ``(2) Driving while intoxicated; driving under the influence.--The terms `driving while intoxicated' and `driving under the influence' mean driving or being in actual physical control of a motor vehicle in a State while having a blood alcohol concentration of 0.08 percent or greater. ``(3) Ignition interlock device.--The term `ignition interlock device' means an in-vehicle device that requires a driver to provide a breath sample prior to the motor vehicle starting, and that prevents a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit. ``(4) Motor vehicle.-- ``(A) In general.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways. ``(B) Exclusions.--The term `motor vehicle' does not include-- ``(i) a vehicle operated solely on a rail line; or ``(ii) a commercial vehicle. ``(b) Laws Requiring Ignition Interlock Devices.-- ``(1) In general.--Subject to paragraph (2), a State meets the requirements of this subsection if the State has enacted and is enforcing a law that requires throughout the State the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual who is convicted of driving while intoxicated or driving under the influence. ``(2) Exception.--The 180-day period referred to in paragraph (1) for the installation of an ignition interlock device may be reduced to period of not fewer than 90 days, if-- ``(A) the driver's licence of the individual is suspended for a minimum of 180 days as a result of the conviction; and ``(B) the period for the installation of an ignition interlock device begins after the last day of the suspension. ``(c) Withholding of Funds for Noncompliance.-- ``(1) Fiscal year 2016.--On October 1, 2015, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(2) Fiscal year 2017.--On October 1, 2016, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(3) Fiscal year 2018 and thereafter.--On October 1, 2017, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(d) Period of Availability of Withheld Funds; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.--Any funds withheld under subsection (c) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (c) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements of subsection (b), apportion to the State the funds withheld under subsection (c) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.--Any funds apportioned pursuant to paragraph (2)-- ``(A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and ``(B) if not apportioned at the end of that period, shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (c) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (b), the funds shall lapse.''. (b) Conforming Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 159 the following: ``Sec. 160. Use of ignition interlock devices to prevent repeat intoxicated driving.''.
Drunk Driving Repeat Offender Prevention Act of 2013 - Directs the Secretary of Transportation (DOT) to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2016-FY2018 if the state has not enacted and is not enforcing a law requiring the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence (having a blood alcohol concentration of 0.08% or greater). Authorizes reduction of the 180-day period to 90 days if: (1) the driver's license is suspended for a minimum of 180 days as a result of the conviction, and (2) the period for installation of an ignition interlock device begins after the last day of the suspension.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Victim Rights and Domestic Violence Prevention Act of 1995''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--EQUAL PROTECTION FOR VICTIMS Sec. 101. Right of the victim to an impartial jury. Sec. 102. Rebuttal of attacks on the victim's character. Sec. 103. Victim's right of allocution in sentencing. Sec. 104. Right of the victim to fair treatment in legal proceedings. Sec. 105. Use of notice concerning release of offender. Sec. 106. Balance in the composition of rules committees. TITLE II--DOMESTIC VIOLENCE Sec. 201. Death penalty for fatal domestic violence offenses. Sec. 202. Evidence of defendant's disposition toward victim in domestic violence cases and other cases. Sec. 203. Battered women's syndrome evidence. Sec. 204. HIV testing of defendants in sexual assault cases. TITLE I--EQUAL PROTECTION FOR VICTIMS SEC. 101. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY. Rule 24(b) of the Federal Rules of Criminal Procedure is amended by striking ``the government is entitled to 6 peremptory challenges and the defendant or defendants jointly to 10 peremptory challenges'' and inserting ``each side is entitled to 6 peremptory challenges''. SEC. 102. REBUTTAL OF ATTACKS ON THE VICTIM'S CHARACTER. Rule 404(a)(1) of the Federal Rules of Evidence is amended by inserting before the semicolon the following: ``, or, if an accused offers evidence of a pertinent trait of character of the victim of the crime, evidence of a pertinent trait of character of the accused offered by the prosecution''. SEC. 103. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING. Rule 32 of the Federal Rules of Criminal Procedure is amended-- (1) in subdivision (c)(3)(E), by striking ``if sentence is to be imposed for a crime of violence or sexual abuse,''; and (2) by amending subdivision (f) to read as follows: ``(f) Definition.--For purposes of this rule, `victim' means any individual against whom an offense has been committed for which a sentence is to be imposed, but the right of allocution under subdivision (c)(3)(E) may be exercised instead by-- ``(1) a parent or legal guardian if the victim is below the age of 18 years or is incompetent; or ``(2) one or more family members or relatives designated by the court if the victim is deceased or incapacitated, if such person or persons are present at the sentencing hearing, regardless of whether the victim is present.''. SEC. 104. RIGHT OF THE VICTIM TO FAIR TREATMENT IN LEGAL PROCEEDINGS. The following rules, to be known as the Rules of Professional Conduct for Lawyers in Federal Practice, are enacted as an appendix to title 28, United States Code: ``RULES OF PROFESSIONAL CONDUCT FOR LAWYERS IN FEDERAL PRACTICE ``Rule 1. Scope. ``Rule 2. Abuse of Victims and Others Prohibited. ``Rule 3. Duty of Enquiry in Relation to Client. ``Rule 4. Duty To Expedite Litigation. ``Rule 5. Duty To Prevent Commission of Crime. ``Rule 1. Scope ``(a) These rules apply to the conduct of lawyers in their representation of clients in relation to proceedings and potential proceedings before Federal tribunals. ``(b) For purposes of these rules, `Federal tribunal' and `tribunal' mean a court of the United States or an agency of the Federal Government that carries out adjudicatory or quasi-adjudicatory functions. ``Rule 2. Abuse of Victims and Others Prohibited ``(a) A lawyer shall not engage in any action or course of conduct for the purpose of increasing the expense of litigation for any person, other than a liability under an order or judgment of a tribunal. ``(b) A lawyer shall not engage in any action or course of conduct that has no substantial purpose other than to distress, harass, embarrass, burden, or inconvenience another person. ``(c) A lawyer shall not offer evidence that the lawyer knows to be false or attempt to discredit evidence that the lawyer knows to be true. ``Rule 3. Duty of Enquiry in Relation to Client ``A lawyer shall attempt to elicit from the client a truthful account of the material facts concerning the matters in issue. In representing a client charged with a crime or civil wrong, the duty of enquiry under this rule includes-- ``(1) attempting to elicit from the client a materially complete account of the alleged criminal activity or civil wrong if the client acknowledges involvement in the alleged criminal activity or civil wrong; and ``(2) attempting to elicit from the client the material facts relevant to a defense of alibi if the client denies such involvement. ``Rule 4. Duty To Expedite Litigation ``(a) A lawyer shall seek to bring about the expeditious conduct and conclusion of litigation. ``(b) A lawyer shall not seek a continuance or otherwise attempt to delay or prolong proceedings in the hope or expectation that-- ``(1) evidence will become unavailable; ``(2) evidence will become more subject to impeachment or otherwise less useful to another party because of the passage of time; or ``(3) an advantage will be obtained in relation to another party because of the expense, frustration, distress, or other hardship resulting from prolonged or delayed proceedings. ``Rule 5. Duty To Prevent Commission of Crime ``(a) A lawyer may disclose information relating to the representation of a client, including information obtained from the client, to the extent necessary to prevent the commission of a crime or other unlawful act. ``(b) A lawyer shall disclose information relating to the representation of a client, including information obtained from the client, when disclosure is required by law. ``(c) A lawyer shall disclose information relating to the representation of a client, including information obtained from the client, to the extent necessary to prevent-- ``(1) the commission of a crime involving the use or threatened use of force against a person, or a substantial risk of death or serious bodily injury to a person; or ``(2) the commission of a crime of sexual assault or child molestation. ``(d) For purposes of this rule, `crime' means a crime under the law of the United States or the law of a State, and `unlawful act' means an act in violation of the law of the United States or the law of a State.''. SEC. 105. USE OF NOTICE CONCERNING RELEASE OF OFFENDER. Section 4042(b) of title 18, United States Code, is amended by striking paragraph (4). SEC. 106. BALANCE IN THE COMPOSITION OF RULES COMMITTEES. Section 2073 of title 28, United States Code, is amended-- (1) in subsection (a)(2), by adding at the end the following: ``On each such committee that makes recommendations concerning rules that affect criminal cases, including the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, the Federal Rules of Appellate Procedure, the Rules Governing Section 2254 Cases, and the Rules Governing Section 2255 Cases, the number of members who represent or supervise the representation of defendants in the trial, direct review, or collateral review of criminal cases shall not exceed the number of members who represent or supervise the representation of the Government or a State in the trial, direct review, or collateral review of criminal cases.''; and (2) in subsection (b), by adding at the end the following: ``The number of members of the standing committee who represent or supervise the representation of defendants in the trial, direct review, or collateral review of criminal cases shall not exceed the number of members who represent or supervise the representation of the Government or a State in the trial, direct review, or collateral review of criminal cases.''. TITLE II--DOMESTIC VIOLENCE SEC. 201. DEATH PENALTY FOR FATAL DOMESTIC VIOLENCE OFFENSES. Sections 2261(b)(1) and 2262(b)(1) of title 18, United States Code, are each amended by inserting ``or may be sentenced to death'' after ``years,''. SEC. 202. EVIDENCE OF DEFENDANT'S DISPOSITION TOWARD VICTIM IN DOMESTIC VIOLENCE CASES AND OTHER CASES. Rule 404(b) of the Federal Rules of Evidence is amended by striking ``or absence of mistake or accident'' and inserting ``absence of mistake or accident, or a disposition toward a particular individual''. SEC. 203. BATTERED WOMEN'S SYNDROME EVIDENCE. Rule 702 of the Federal Rules of Evidence is amended by adding at the end the following: ``Testimony that may be admitted pursuant to this rule includes testimony concerning the behavior, and mental or emotional conditions of victims to explain a victim's failure to report or delay in reporting an offense, recantation of an accusation, or failure to cooperate in the investigation or prosecution.''. SEC. 204. HIV TESTING OF DEFENDANTS IN SEXUAL ASSAULT CASES. (a) In General.--Chapter 109A of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 2249. Testing for human immunodeficiency virus; disclosure of test results to victim; effect on penalty ``(a) Testing at Time of Pretrial Release Determination.--In a case in which a person is charged with an offense under this chapter, upon request of the victim, a judicial officer issuing an order pursuant to section 3142(a) shall include in the order a requirement that a test for the human immunodeficiency virus be performed upon the person, and that followup tests for the virus be performed 6 months and 12 months following the date of the initial test, unless the judicial officer determines that the conduct of the person created no risk of transmission of the virus to the victim, and so states in the order. The order shall direct that the initial test be performed within 24 hours, or as soon thereafter as feasible. The person shall not be released from custody until the test is performed. ``(b) Testing at Later Time.--If a person charged with an offense under this chapter was not tested for the human immunodeficiency virus pursuant to subsection (a), the court may at a later time direct that such a test be performed upon the person, and that followup tests be performed 6 months and 12 months following the date of the initial test, if it appears to the court that the conduct of the person may have risked transmission of the virus to the victim. A testing requirement under this subsection may be imposed at any time while the charge is pending, or following conviction at any time prior to the person's completion of service of the sentence. ``(c) Termination of Testing Requirement.--A requirement of followup testing imposed under this section shall be canceled if any test is positive for the virus or the person obtains an acquittal on, or dismissal of, all charges under this chapter. ``(d) Disclosure of Test Results.--The results of any test for the human immunodeficiency virus performed pursuant to an order under this section shall be provided to the judicial officer or court. The judicial officer or court shall ensure that the results are disclosed to the victim (or to the victim's parent or legal guardian, as appropriate), the attorney for the Government, and the person tested. Test results disclosed pursuant to this subsection shall be subject to section 40503(b) (5) through (7) of the Violent Crime Control Act of 1994 (42 U.S.C. 14011(b)). Any test result of the defendant given to the victim or the defendant must be accompanied by appropriate counseling, unless the recipient does not wish to receive such counseling. ``(e) Effect on Penalty.--The United States Sentencing Commission shall amend existing guidelines for sentences for offenses under this chapter to enhance the sentence if the offender knew or had reason to know that the offender was infected with the human immunodeficiency virus, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim.''. (b) Technical Amendment.--The analysis for chapter 109A of title 18, United States Code, is amended by inserting at the end the following new item: ``2249. Testing for human immunodeficiency virus; disclosure of test results to victim; effect on penalty.''. (c) Amendments to Testing Provisions.--Section 40503(b) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14011(b)) is amended-- (1) by amending the heading to read as follows: ``(b) Testing of Defendants.--''; (2) in paragraph (1)-- (A) by inserting ``, or the Government in such a case,'' after ``subsection (a)''; (B) by inserting ``(or to the victim's parent or legal guardian, as appropriate)'' after ``communicated to the victim''; and (C) by inserting ``, unless the recipient does not wish to receive such counseling'' after ``counseling''; and (3) in paragraph (2)-- (A) by striking ``To obtain an order under paragraph (1), the victim must demonstrate that'' and inserting ``The victim or the Government may obtain an order under paragraph (1) by showing that''; (B) in subparagraph (A)-- (i) by striking ``the offense'' and inserting ``a sexual assault involving alleged conduct that poses a risk of transmission of the etiologic agent for acquired immune deficiency syndrome''; and (ii) by inserting ``and'' after the semicolon; (C) in subparagraph (B), by striking ``after appropriate counseling; and'' and inserting a period; and (D) by striking subparagraph (C).
TABLE OF CONTENTS: Title I: Equal Protection for Victims Title II: Domestic Violence Victim Rights and Domestic Violence Prevention Act of 1995 - Title I: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure to entitle each side to six peremptory challenges if the offense charged is punishable by imprisonment for more than one year; (2) rule 32 regarding the victim's right of allocution in sentencing; and (3) rule 404 of the Federal Rules of Evidence regarding rebuttal of attacks on the victim's character. (Sec. 104) Enacts Rules of Professional Conduct for Lawyers in Federal Practice. (Sec. 105) Amends: (1) the Federal criminal code to repeal a requirement that notice of release of prisoners be used solely for law enforcement purposes; and (2) the Federal judicial code regarding the balance in the composition of rules committees. Title II: Domestic Violence - Amends the Federal criminal code to provide for the death penalty for fatal domestic violence offenses. (Sec. 202) Amends: (1) rule 404 of the Federal Rules of Evidence regarding evidence of the defendant's disposition towards the victim in domestic violence and other cases; and (2) rule 702 of the Federal Rules of Evidence regarding battered women's syndrome evidence. (Sec. 204) Requires: (1) the testing of defendants for the human immunodeficiency virus (HIV) in sexual assault cases, with exceptions, with disclosure of the results to the court, the victim, the attorney for the Government, and the person tested; (2) that test results disclosed be subject to requirements of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA); (3) that any test result of the defendant given to the victim or the defendant be accompanied by appropriate counseling, unless the recipient does not wish to receive such counseling; and (4) the United States Sentencing Commission to amend existing guidelines for sex crime offenses to enhance the sentence if the offender knew that he was infected with HIV, with exceptions. Revises VCCLEA to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome and that the results be communicated to the victim's parent or legal guardian, as appropriate. Modifies requirements to be met by the victim to obtain an order for such test.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act''. SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY. (a) Findings and Declarations.--Congress finds and declares the following: (1) It is the policy of the United States to promote tribal self-determination and economic self-sufficiency and to support the resolution of disputes over historical claims. (2) Sam Houston, as a leader in the Texas Revolution and the President of the Republic of Texas, established friendly relations with the tribes, expressed his personal appreciation for the assistance of the tribes during the fight for Texas independence, and endeavored to protect their lands and rights. (3) The United States, pursuant to Federal law and in accordance with several Federal court decisions, has affirmed the rights of the Alabama-Coushatta Tribe of Texas (Alabama- Coushatta Tribe), to free and undisturbed use and occupancy of its aboriginal lands, including the right to compensation when those rights are violated. (4) The Alabama-Coushatta Tribe's lands in southeastern Texas have been subject to illegal trespass and use, depriving the Alabama-Coushatta Tribe of critical economic development opportunities, including valuable timber production and oil and gas leasing. (5) In June 2000, the United States Court of Federal Claims ruled that-- (A) the United States violated its fiduciary obligations to the Alabama-Coushatta Tribe by knowingly failing to protect 2.85 million acres of the aboriginal lands of the Tribe in southeastern Texas; (B) this failure would have constituted a claim eligible to be heard by the Indian Claims Commission established by the first section of the Act of August 13, 1946; and (C) as described in House Resolution 69 (98th Congress), which was passed on November 1, 1983, it was the sense of the House of Representatives that the Federal Government should pay full monetary compensation to the Alabama-Coushatta Tribe for the loss of the 2,850,000 acres of aboriginal lands illegally occupied by non-Indian settlers after 1845. (6) In October 2002, the United States Court of Federal Claims adopted $270,600,000 as the jointly stipulated amount of economic damages to be recovered by the Alabama-Coushatta Tribe from the United States. (7) While the Alabama-Coushatta Tribe is asserting outstanding claims regarding its aboriginal lands, the Tribe has elected to forego, relinquish, waive, and otherwise extinguish any such claims, on the condition that Congress amend the Tribe's 1987 Restoration Act, as hereinafter described. (8) Congress desires to empower the Alabama-Coushatta Tribe to govern its own economic future and appreciates the Tribe's willingness to forego these land claims in exchange for improved economic self-sufficiency. (9) This Act is a good faith effort on the part of Congress to compensate the Alabama-Coushatta Tribe for the loss of its aboriginal lands by providing the Tribe with the same economic development opportunity, under the same terms and conditions, that is available to other federally recognized Indian tribes, in exchange for the Tribe's agreement to relinquish its land claims as described above. (10) In the absence of Congressional action, these land claims will likely be pursued through the courts, a process that would take many years and thereby promote divisiveness and uncertainty in the State of Texas, to the ultimate detriment of the Alabama-Coushatta Tribe, its members, and all other citizens of the State of Texas. (b) Purposes.--The purposes of this Act are as follows: (1) To recognize and compensate the Alabama-Coushatta Tribe for the loss of its aboriginal lands and the resulting loss of economically productive use of those lands for decades. (2) To restore economic development opportunity to the Alabama-Coushatta Tribe on terms that are equal and fair. (3) To resolve claims by the Alabama-Coushatta Tribe regarding the loss of its aboriginal lands. (4) To insulate the Federal Government and taxpayers from the potential for greater and ongoing liability stemming from these claims. SEC. 3. RESTORATION ACT AMENDMENT. For the purpose of restoring economic development opportunity on terms that are equal and fair, section 207 of Public Law 100-89 (25 U.S.C. 737) is hereby repealed. SEC. 4. DISMISSAL OF LAND CLAIMS. Not later than 180 days after the date of the enactment of this Act, the United States and the Alabama-Coushatta Tribe shall execute and file in each applicable court a motion for dismissal of any pending claim arising out of, or relating to, the aboriginal lands, or an interest in the aboriginal lands, of the Tribe. SEC. 5. EXTINGUISHMENT OF CLAIMS. (a) Extinguishment of Claims.--Any claim (including any claim for damages for trespass or for use and occupancy) by, or on behalf of, the Alabama-Coushatta Tribe of Texas, or any predecessor in interest or any of its members, against the United States, the State of Texas, or any landowner, which is based on any interest in, or right involving, any land or natural resources, shall be regarded as extinguished. (b) Construction.--Nothing in this section-- (1) affects or limits the personal claim of an individual Indian (except for a Federal common law fraud claim) which is pursued under any law of general applicability that protects non-Indians as well as Indians; or (2) alters the status of lands held in trust by the United States on behalf of the Alabama-Coushatta Tribe.
Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act This bill amends the Alabama-Coushatta Tribes of Texas Restoration Act to repeal the prohibition against gaming activities by the Alabama-Coushatta Tribe of Texas on its lands if those gaming activities are prohibited by Texas law. The United States and the Tribe must execute and file in each applicable court a motion for dismissal of any pending claim arising out of or relating to any interest in the aboriginal lands of the Tribe. Any claim by or on behalf of the Tribe, or any predecessor in interest or any of its members, against the United States, Texas, or any landowner, which is based on any interest in or right involving any land or natural resources regarding the aboriginal lands, is hereby extinguished.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rebuilding American Homeownership Act of 2013''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Current borrower.--The term ``current borrower'' means a mortgagor that-- (A) has made each payment on an eligible mortgage, within the month in which the payment was due, during the 6-month period preceding the date of refinancing of the eligible mortgage under this Act; and (B) has not been more than 30 days delinquent on an eligible mortgage more than once during the 1-year period preceding the date of refinancing of the mortgage under this Act. (2) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (3) Eligible mortgage.--The term ``eligible mortgage''-- (A) means any mortgage that-- (i) is an existing first mortgage-- (I) that was made for purchase of, or refinancing of another first mortgage, on a 1- to 4-family owner- occupied dwelling, including a condominium or a share in a cooperative ownership housing association; and (II) with a current loan-to-value ratio in excess of 80 percent, but not greater than 140 percent; (ii) was originated on or before May 31, 2009; (iii) is not owned or guaranteed by an enterprise; and (iv) with respect to which, the mortgagor is a current borrower; and (B) does not include any mortgage that is insured or guaranteed by any program of the Federal Housing Administration, the Department of Housing and Urban Development, the Government National Mortgage Association, the Department of Agriculture, or the Department of Veterans Affairs. (4) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (5) Guarantee fee.--The term ``guarantee fee'' has the same meaning as in section 1327(a) of the Housing and Community Development Act of 1992 (12 U.S.C. 4547(a)). SEC. 3. REFINANCING AUTHORITY. (a) Enterprise Refinancing Authority.-- (1) Program.--Each enterprise shall establish and carry out a program under this section to provide for the refinancing of eligible mortgages. (2) Authority.--Notwithstanding any provision of the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.) and the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.), in carrying out the refinancing program required under paragraph (1), an enterprise may purchase, guarantee, service, sell, lend on the security of, refinance, or otherwise deal in eligible mortgages. (b) Implementation Authority.-- (1) In general.--Subject to paragraph (2), each enterprise may prescribe any requirements, terms, and conditions that such enterprise determines necessary to carry out the refinancing program required under subsection (a), including with respect to any underwriting criteria, such as-- (A) verification of a borrower's employment, income, reserves, and assets; (B) a borrower's credit history; (C) property valuation requirements; (D) representations and warranties; (E) eligible property type and occupancy requirements; and (F) continuation of the second-lien position, or release, of any junior liens on the property. (2) Existing credit enhancements to be retained.--In order to participate in the refinancing program required under subsection (a), an eligible mortgage with existing credit enhancement coverage must continue to maintain or otherwise transfer such coverage to the new mortgage that is a result of the refinancing of the eligible mortgage authorized by this section. (3) Maximum term of the new mortgage.--The term of any new mortgage that is a result of the refinancing of an eligible mortgage authorized by this section shall not exceed 30 years. (4) Maximum loan amount.--The maximum original principal obligation of any new mortgage that is a result of the refinancing of an eligible mortgage authorized by this section shall not exceed the limitation in law governing the maximum original principal obligation on conventional mortgages that may be purchased or guaranteed by an enterprise, as such law is in effect on the date of the closing of the new mortgage. (c) Regulations.--The Director may issue any regulations, guidance, or directives necessary to carry out the refinancing program required under subsection (a). SEC. 4. GUARANTEE FEES. (a) Requirement To Charge a Guarantee Fee.--Each enterprise shall charge a guarantee fee in connection with any guarantee of the timely payment of principal and interest on securities, notes, and other obligations based on or backed by eligible mortgages refinanced under this Act. (b) Amount.-- (1) In general.--The amount of the guarantee fee required to be charged by an enterprise pursuant to subsection (a) shall be actuarially determined by the Director to cover the expected risk of default on the pool of eligible mortgages refinanced under this Act backing the security, note, or other obligation to which the enterprises' guarantee applies. (2) Rule of construction.--In calculating the expected risk of default pursuant to paragraph (1), the Director shall ensure that any default probability assumptions used to model such risk-- (A) are reasonable, including with respect to the arrival rate of default and the magnitude risk of default; and (B) are not unduly weighted to cover historical stress or crisis scenarios. (3) Prohibition on additional charges.--In determining the amount of any guarantee fee required to be charged pursuant to subsection (a), neither the Director nor an enterprise may charge any additional fee, price adjustment, premium, or other amount other than that which is determined in accordance with paragraph (1). (4) Prohibition on offsets.--The Director shall prohibit an enterprise from offsetting the cost of the guarantee fee required to by charged pursuant to subsection (a) to mortgage originators, borrowers, and investors by decreasing other charges, fees, or premiums, or in any other manner. (c) Authority To Limit Offer of Guarantee.--The Director shall prohibit an enterprise from consummating any offer for a guarantee on any security, note, or other obligation based on or backed by eligible mortgages refinanced under this Act, if the guarantee is inconsistent with the requirements of this section. SEC. 5. REPORTS. The Director shall include, in the annual report submitted to the Congress pursuant to section 1319B of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4521), information on the use and impact of the program established under section 3. The information provided shall include-- (1) a review and analysis of the effectiveness of the program in-- (A) reducing the rate of mortgage default and delinquency; (B) preventing foreclosure; and (C) supporting stable homeownership; and (2) any recommendations the Director considers appropriate regarding the program. SEC. 6. SUNSET. (a) Termination.--The provisions of this Act, and any program or authorities established or granted therein or derived therefrom, shall terminate on December 31, 2014. (b) Extension.--The Director, upon transmission of a written notification to Congress, may extend the authorities provided under this Act for a 1-year period.
Rebuilding American Homeownership Act of 2013 - Requires the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (Government sponsored enterprises or GSEs) to establish a program to provide for the refinancing of eligible mortgages. Authorizes a GSE to purchase, guarantee, service, sell, lend on the security of, refinance, or otherwise deal in eligible mortgages in carrying out such program. Defines eligible mortgage as an existing first mortgage: (1) made for purchase of, or refinancing of another first mortgage, on a 1- to 4-family owner-occupied dwelling; (2) with a current loan-to-value ratio between 80% and 140%; (3) originated on or before May 31, 2009; and (4) not owned or guaranteed by a GSE. Requires the mortgagor to be a current borrower. Excludes from eligibility any mortgage insured or guaranteed by any program of the Federal Housing Administration (FHA), the Department of Housing and Urban Development (HUD), the Government National Mortgage Association (Ginnie Mae), the Department of Agriculture (USDA), or the Department of Veterans Affairs (VA). Requires that an eligible mortgage with existing credit coverage, in order to participate in the refinancing program, must continue to maintain or otherwise transfer such coverage to the new mortgage. Sets the maximum term of the new mortgage at 30 years, and the maximum original principal obligation at the legal limit for conventional mortgages a GSE may purchase or guarantee. Requires each GSE to charge a fee for any guarantee of the new mortgage.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Unemployed Worker Investment Act of 2013''. SEC. 2. CREDIT FOR EMPLOYERS WHO HIRE INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSATION. (a) In General.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 (defining members of targeted group) is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(J) in the case of a small business employer, a qualified unemployment compensation recipient.''. (b) Qualified Unemployment Compensation Recipient.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively, and by inserting after paragraph (10) the following new paragraph: ``(11) Qualified unemployment compensation recipient; small business employer.-- ``(A) In general.--The term `qualified unemployment compensation recipient' means any individual who is certified by the designated local agency as-- ``(i) not being a student for at least 6 months during the 1-year period ending on the hiring date, ``(ii) being in receipt of unemployment compensation under State or Federal law on the hiring date, and ``(iii) having a hiring date during the 2- year period which begins on the date of the enactment of this paragraph. ``(B) Small business employer.--For purposes of this paragraph, the term `small business employer' means, with respect to any hiring date, any employer which employs more than 10 but fewer than 25 full-time equivalent employees throughout the taxable year. ``(C) Student.--For purposes of this paragraph, a student is an individual enrolled at least half-time in a program that leads to a degree, certificate, or other recognized educational credential for at least 6 months (whether or not consecutive) during the 1-year period ending on the hiring date.''. (c) Maximum $4,000 Credit Per Employee.--Paragraph (3) of section 51(b) of the Internal Revenue Code of 1986 is amended by inserting ``$10,000 per year in the case of any individual who is a qualified unemployment compensation recipient by reason of subsection (d)(11),'' after ``$6,000 per year (''. (d) Denial of Credit Unless Employment Full Time for 1 Year.-- Paragraph (3) of section 51(i) of the Internal Revenue Code of 1986 (relating to individuals not meeting minimum employment periods) is amended by adding at the end the following new subparagraph: ``(C) Special rules for qualified unemployment compensation recipients.--No wages shall be taken into account under subsection (a) with respect to a qualified unemployment compensation recipient unless-- ``(i) such individual is employed by the employer for not less than 35 hours per week for not less than 1 year, and ``(ii) the number of full-time equivalent employees of the employer is increased by 1 for at least 1 year by reason of such individual's employment by the employer.''. (e) Credit Made Available to Tax-Exempt Employers in Certain Circumstances.-- (1) In general.--Subsection (e) of section 3111 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Qualified Veterans'' in the subsection heading and inserting ``Qualified Individuals'', (B) by striking ``qualified veteran'' each place it appears in the text and inserting ``qualified individual'', and (C) by striking ``qualified veterans'' in paragraph (2) and inserting ``qualified individuals''. (2) Qualified individual defined.--Subparagraph (B) of section 3111(e)(5) of such Code is amended to read as follows: ``(B) the term `qualified individual' means-- ``(i) any qualified veteran (as defined in section 51(d)(3)), and ``(ii) any qualified unemployment compensation recipient (as defined in section 51(d)(11)).''. (3) Conforming amendment.--Paragraph (2) of section 52(c) of such Code is amended-- (A) by inserting ``and qualified unemployment compensation recipients'' after ``qualified veterans'' in the heading, and (B) by inserting ``and qualified unemployment compensation recipients'' after ``qualified veterans'' in the text. (f) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.
American Unemployed Worker Investment Act of 2013 - Amends the Internal Revenue Code to allow a small business employer (i.e., an employer that employs more than 10 but fewer than 25 full-time employees throughout the taxable year) a work opportunity tax credit for hiring a qualified unemployment compensation recipient. Allows the first $10,000 of wages paid to such a recipient to be taken in account for purposes of such credit. Defines "qualified unemployment compensation recipient" as any individual who is certified as: (1) not being a student for at least six months during the one-year period ending on the hiring date, (2) being in receipt of unemployment compensation on the hiring date, and (3) having a hiring date during the two-year period which begins on the enactment of this Act. Denies such credit unless: (1) the qualified unemployment compensation recipient is employed for not less than 35 hours per week for not less than 1 year, and (2) the number of full-time employees of the employer receiving such credit is increased by 1 for at least 1 year.
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TITLE I--LEWIS AND CLARK NATIONAL HISTORICAL PARK DESIGNATION ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Lewis and Clark National Historical Park Designation Act''. SEC. 102. DEFINITIONS. As used in this title: (1) Park.--The term ``park'' means the Lewis and Clark National Historical Park designated in section 103. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 103. LEWIS AND CLARK NATIONAL HISTORICAL PARK. (a) Designation.--In order to preserve for the benefit of the people of the United States the historic, cultural, scenic, and natural resources associated with the arrival of the Lewis and Clark Expedition in the lower Columbia River area, and for the purpose of commemorating the culmination and the winter encampment of the Lewis and Clark Expedition in the winter of 1805-1806 following its successful crossing of the North American Continent, there is designated as a unit of the National Park System the Lewis and Clark National Historical Park. (b) Boundaries.--The boundaries of the park are those generally depicted on the map entitled ``Lewis and Clark National Historical Park, Boundary Map'', numbered 405/80027, and dated December 2003, and which includes-- (1) lands located in Clatsop County, Oregon, which are associated with the winter encampment of the Lewis and Clark Expedition, known as Fort Clatsop and designated as the Fort Clatsop National Memorial by Public Law 85-435, including the site of the salt cairn (specifically, lot number 18, block 1, Cartwright Park Addition of Seaside, Oregon) used by that expedition and adjacent portions of the old trail which led overland from the fort to the coast; (2) lands identified as ``Fort Clatsop 2002 Addition Lands'' on the map referred to in this subsection; and (3) lands located along the lower Columbia River in the State of Washington associated with the arrival of the Lewis and Clark Expedition at the Pacific Ocean in 1805, which are identified as ``Station Camp'', ``Clark's Dismal Nitch'', and ``Cape Disappointment'' on the map referred to in this subsection. (c) Acquisition of Land.-- (1) Authorization.--The Secretary is authorized to acquire land, interests in land, and improvements therein within the boundaries of the park, as identified on the map referred to in subsection (b), by donation, purchase with donated or appropriated funds, exchange, transfer from any Federal agency, or by such other means as the Secretary deems to be in the public interest. (2) Consent of landowner required.--The lands authorized to be acquired under paragraph (1) (other than corporately owned timberlands within the area identified as ``Fort Clatsop 2002 Addition Lands'' on the map referred to in subsection (b)) may be acquired only with the consent of the owner. (3) Acquisition of fort clatsop 2002 addition lands.--If the owner of corporately owned timberlands within the area identified as ``Fort Clatsop 2002 Addition Lands'' on the map referred to in subsection (b) agrees to enter into a sale of such lands as a result of actual condemnation proceedings or in lieu of condemnation proceedings, the Secretary shall enter into a memorandum of understanding with the owner regarding the manner in which such lands shall be managed after acquisition by the United States. (d) Cape Disappointment.-- (1) Transfer.--Subject to valid rights (including withdrawals), the Secretary shall transfer to the Director of the National Park Service management of any Federal land at Cape Disappointment, Washington, that is within the boundary of the park. (2) Withdrawn land.-- (A) Notice.--The head of any Federal agency that has administrative jurisdiction over withdrawn land at Cape Disappointment, Washington, within the boundary of the park shall notify the Secretary in writing if the head of the Federal agency does not need the withdrawn land. (B) Transfer.--On receipt of a notice under subparagraph (A), the withdrawn land shall be transferred to the administrative jurisdiction of the Secretary, to be administered as part of the park. (3) Memorial to thomas jefferson.--All withdrawals of the 20- acre parcel depicted as a ``Memorial to Thomas Jefferson'' on the map referred to in subsection (b) are revoked, and the Secretary shall establish a memorial to Thomas Jefferson on the parcel. (4) Management of cape disappointment state park land.--The Secretary may enter into an agreement with the State of Washington providing for the administration by the State of the land within the boundary of the park known as ``Cape Disappointment State Park''. (e) Map Availability.--The map referred to in subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 104. ADMINISTRATION. (a) In General.--The park shall be administered by the Secretary in accordance with this title and with laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). (b) Management Plan.--Not later than 3 years after funds are made available for this purpose, the Secretary shall prepare an amendment to the General Management Plan for Fort Clatsop National Memorial to guide the management of the park. (c) Cooperative Management.--In order to facilitate the presentation of a comprehensive picture of the Lewis and Clark Expedition's experiences in the lower Columbia River area and to promote more efficient administration of the sites associated with those experiences, the Secretary may enter into cooperative management agreements with appropriate officials in the States of Washington and Oregon in accordance with the authority provided under section 3(l) of Public Law 91-383 (112 Stat. 3522; 16 U.S.C. 1a-2). SEC. 105. REPEAL OF SUPERSEDED LAW. (a) In General.--Public Law 85-435 (72 Stat. 153; 16 U.S.C. 450mm et seq.), regarding the establishment and administration of Fort Clatsop National Memorial, is repealed. (b) References.--Any reference in any law (other than this title), regulation, document, record, map or other paper of the United States to ``Fort Clatsop National Memorial'' shall be considered a reference to the ``Lewis and Clark National Historical Park''. SEC. 106. PRIVATE PROPERTY PROTECTION. (a) Access to Private Property.--Nothing in this title shall be construed to-- (1) require any private property owner to permit public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private lands. (b) Liability.--Designation of the park shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. (c) Recognition of Authority to Control Land Use.--Nothing in this title shall be construed to modify any authority of Federal, State, or local governments to regulate the use of private land within the boundary of the park. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this title. TITLE II--LEWIS AND CLARK EASTERN LEGACY STUDY SEC. 201. DESIGNATION OF ADDITIONAL SITES FOR STUDY. (a) Study.-- (1) In general.--The Secretary of the Interior shall update, with an accompanying map, the 1958 Lewis and Clark National Historic Landmark theme study to determine the historical significance of the eastern sites of the Corps of Discovery expedition used by Meriwether Lewis and William Clark, whether independently or together, in the preparation phase starting at Monticello, Virginia, and traveling to Wood River, Illinois, and the return phase from Saint Louis, Missouri, to Washington, District of Columbia, including sites in Virginia, Washington, District of Columbia, Maryland, Delaware, Pennsylvania, West Virginia, Ohio, Kentucky, Tennessee, Indiana, and Illinois. (2) Focus of update; nomination and addition of properties.-- The focus of the study under paragraph (1) shall be on developing historic context information to assist in the evaluation and identification, including the use of plaques, of sites eligible for listing in the National Register of Historic Places or designation as a National Historic Landmark. (b) Report.--Not later than 1 year after funds are made available for the study under this section, the Secretary shall submit to the Committee on Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate a report describing any findings, conclusions, and recommendations of the study. SEC. 202. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this title. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Title I: Lewis and Clark National Historical Park Designation Act - Lewis and Clark National Historical Park Designation Act - (Sec. 103) Designates the Lewis and Clark National Historical Park as a unit of the National Park System. Defines the boundaries of the park, located in the States of Oregon and Washington, according to a map entitled "Lewis and Clark National Historical Park, Boundary Map" (December 2003), which includes the Fort Clatsop National Memorial and other specified lands. Authorizes the Secretary of the Interior to acquire land, interests in land, and improvements therein within park boundaries. Directs that such land may be acquired only with the consent of the owner except with regard to specified corporately owned timberlands. Requires the Secretary, if the owner of specified corporately owned timberlands agrees to sell as a result of actual condemnation proceedings or in lieu of condemnation proceedings, to enter into a memorandum of understanding with the owner addressing post-acquisition management of those lands. Directs the Secretary to transfer, subject to valid rights (including withdrawals), to the Director of the National Park Service management of any Federal land at Cape Disappointment, Washington, that is within the boundary of the park. Revokes all withdrawals of a specified 20-acre parcel depicted as a "Memorial to Thomas Jefferson" and directs the Secretary to establish a memorial to Thomas Jefferson on the parcel. Authorizes the Secretary to enter into an agreement with the State of Washington providing for the administration by such State of the land within the boundary of the park known as Cape Disappointment State Park. (Sec. 104) Requires the Secretary to: (1) administer the park in accordance with this title and with laws generally applicable to the NPS; and (2) prepare an amendment to the general management plan for Fort Clatsop National Memorial to guide management of the Park. Authorizes the Secretary to enter into cooperative management agreements with appropriate officials in Oregon and Washington with respect to the conduct of living exhibits and interpretive demonstrations. (Sec. 105) Repeals specified law regarding the establishment and administration of Fort Clatsop National Memorial. (Sec. 106) Prohibits anything in this title from being construed to: (1) require any private property owner to permit public access (including government access) to such private property; or (2) modify any provision of law concerning public access to or use of private lands. States that designation of the Park shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. Prohibits anything in this title from being construed to modify any authority to regulate the use of private land within the Park's boundaries. (Sec. 107) Authorizes appropriations. Title II: Lewis and Clark Eastern Legacy Study - (Sec. 201) Directs the Secretary to update the 1958 Lewis and Clark National Historic Landmark theme study of the eastern sites of the Corps of Discovery expedition used by Lewis and Clark in the preparation phase starting at Monticello, Virginia, and traveling to Wood River, Illinois, and the return phase from Saint Louis, Missouri, to Washington, District of Columbia, including sites in Virginia, Washington, District of Columbia, Maryland, Delaware, Pennsylvania, West Virginia, Ohio, Kentucky, Indiana, and Illinois. Requires the study's focus to be on developing historic context information to assist in the evaluation and identification of sites eligible for listing in the National Register of Historic Places or designation as a National Historic Landmark. Requires the Secretary to report to Congress on any findings, conclusions, and recommendations. (Sec. 202) Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Recurring Reports Elimination Act of 2002''. SEC. 2. REPEAL OF VARIOUS REPORTS REQUIRED OF THE DEPARTMENT OF DEFENSE. (a) Provisions of Title 10.--Title 10, United States Code, is amended as follows: (1) Section 117 is amended-- (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (2) Section 129 is amended by striking subsection (f). (3)(A) Section 183 is repealed. (B) The table of sections at the beginning of chapter 7 is amended by striking the item relating to section 183. (4)(A) Section 230 is repealed. (B) The table of sections at the beginning of chapter 9 is amended by striking the item relating to section 230. (5)(A) Sections 482, 483, 484, and 487 are repealed. (B) The table of sections at the beginning of chapter 23 is amended by striking the items relating to sections 482, 483, 484, and 487. (6) Section 526 is amended-- (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c). (7) Section 721(d) is amended-- (A) by striking paragraph (2); and (B) by striking ``(1)'' before ``If an officer''. (8) Section 986 is amended by striking subsection (e). (9) Section 1095(g) is amended-- (A) by striking paragraph (2); and (B) by striking ``(1)'' after ``(g)''. (10) Section 1557 is amended-- (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (11)(A) Section 1563 is repealed. (B) The table of sections at the beginning of chapter 80 is amended by striking the item relating to section 1563. (12) Section 1597 is amended-- (A) by striking subsections (c) and (e); (B) by redesignating subsection (d) as subsection (c); and (C) in subsection (c), as so redesignated, by striking ``or a master plan prepared under subsection (c)''. (13) Section 1798 is amended by striking subsection (d). (14) Section 1799 is amended by striking subsection (d). (15) Section 2010 is amended-- (A) by striking subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (16) Section 2011 is amended by striking subsection (e). (17) Section 2208(j)(2) is amended by striking ``and notifies Congress regarding the reasons for the waiver''. (18) Section 2220 is amended-- (A) by striking subsections (b) and (c); (B) by striking ``(1)'' after ``Establishment of Goals.--''; and (C) by striking ``(2) The'' and inserting ``(b) Evaluation of Cost Goals.--The''. (19) Section 2255(b) is amended-- (A) by striking paragraph (2); (B) by striking ``(1)'' after the subsection heading; (C) by redesignating subparagraph (A) as paragraph (1) and clauses (i), (ii), and (iii) thereof as subparagraphs (A), (B), and (C); and (D) by redesignating the succeeding subparagraph as paragraph (2). (20)(A) Section 2282 is repealed. (B) The table of sections at the beginning of chapter 136 is amended by striking the item relating to section 2282. (21) Section 2327(c)(1) is amended-- (A) in subparagraph (A), by striking ``after the date on which such head of an agency submits to Congress a report on the contract'' and inserting ``if in the best interests of the Government''; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). (22) Section 2350a is amended-- (A) in subsection (f)-- (i) by striking ``Reports to Congress.--(1) Not later than'' and all that follows through ``(2) The Secretary'' and inserting ``Report to Congress.--The Secretary''; and (ii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (B) in subsection (g), by striking paragraph (4). (23) Section 2350f is amended-- (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c). (24) Section 2350k is amended by striking subsection (d). (25) Section 2367(d) is amended by striking ``Effort.--(1) In the'' and all that follows through ``(2) After the close of'' and inserting ``Effort.--After the close of''. (26) Section 2391 is amended-- (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (27) Section 2399 is amended-- (A) by striking subsection (g); and (B) by redesignating subsection (h) as subsection (g). (28) Section 2401 is amended-- (A) by striking subsection (b); (B) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; and (C) in subsection (d), as so redesignated, by striking ``subsection (f)'' and inserting ``subsection (e)''. (29) Section 2410i(c) is amended by striking the last sentence. (30) Section 2457 is amended-- (A) by striking subsection (d); and (B) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (31) Section 2464(b) is amended by striking paragraph (3). (32) Section 2486(b)(12) is amended by striking ``, except that'' and all that follows and inserting a period. (33) Section 2492 is amended by striking subsection (c). (34) Section 2493 is amended by striking subsection (g). (35)(A) Section 2504 is repealed. (B) The table of sections at the beginning of chapter 148 is amended by striking the item relating to section 2504. (36) Section 2537 is amended-- (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). (37) Section 2563(c)(2) is amended by striking ``and notifies Congress regarding the reasons for the waiver''. (38) Section 2611 is amended-- (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (39) Section 2631(b)(3) is amended by striking the last sentence. (40) Section 2662 is amended-- (A) by striking subsection (e); (B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and (C) in subsection (f), as so redesignated-- (i) by striking ``, and the reporting requirement set forth in subsection (e) shall not apply with respect to a real property transaction otherwise covered by that subsection,'' in paragraph (1); and (ii) by striking ``or (e), as the case may be,'' in paragraph (3). (41) Section 2667(d) is amended-- (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (42) Section 2676(d) is amended by striking ``and a written notification'' and all that follows through ``by the committees.'' and inserting a period. (43) Section 2688 is amended-- (A) by striking subsection (e); (B) by redesignating subsections (f) through (i) as subsections (e) through (h), respectively; and (C) in subsection (f), as so redesignated, by striking the last sentence. (44) Section 2696 is amended-- (A) by striking subsections (c) and (d); and (B) by redesignating subsection (e) as subsection (c). (45) Section 2805(b) is amended-- (A) by striking paragraph (2); and (B) by striking ``(1)'' after ``(b)''. (46) Section 2806(c)(2) is amended by striking ``(A) after submitting'' and all that follows through ``receipt of the report.'' and inserting a period. (47) Section 2807 is amended-- (A) by striking subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (48) Section 2809 is amended by striking subsection (f). (49) Section 2812(c) is amended-- (A) by striking paragraph (1); and (B) by striking ``(2)'' before ``Each Secretary''. (50) Section 2813 is amended by striking subsection (c). (51) Section 2827 is amended-- (A) by striking subsection (b); and (B) by striking ``(a) Subject to subsection (b), the Secretary'' and inserting ``The Secretary''. (52) Section 2828 is amended-- (A) by striking subsection (f); and (B) by redesignating subsection (g) as subsection (f). (53) Section 2835 is amended-- (A) by striking subsection (b); (B) by redesignating subsections (c) through (h) as subsections (b) through (g), respectively; and (C) in subsection (a), by striking ``Subject to subsection (b), the Secretary'' and inserting ``The Secretary''. (54) Section 2836 is amended-- (A) by striking subsection (b); (B) by redesignating subsections (c) through (g) as subsections (b) through (f), respectively; and (C) in subsection (a), by striking ``Subject to subsection (b), the Secretary'' and inserting ``The Secretary''. (55) Section 2837 is amended-- (A) in subsection (c)-- (i) by striking paragraph (2); and (ii) by striking ``(1)'' after the subsection heading; (B) by striking subsection (f); and (C) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively. (56) Section 2867 is amended by striking subsection (c). (57) Section 4416 is amended by striking subsection (f). (58) Section 5721(f) is amended-- (A) by striking paragraph (2); and (B) by striking ``(1)'' after the subsection heading. (59) Section 7307(b) is amended-- (A) by striking ``law, but only after--'' and all that follows through ``to the committees.'' and inserting a period; (B) by striking paragraph (2); and (C) by striking ``(1)'' before ``A naval vessel''. (60) Section 9356 is amended-- (A) by striking subsection (c); (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (C) in subsection (a), by striking ``Subject to subsection (c), the Secretary'' and inserting ``The Secretary''. (61) Section 12302(b) is amended by striking the last sentence. (62) Section 12304 is amended-- (A) by striking subsection (f); and (B) by redesignating subsections (g) through (i) as subsections (f) through (h), respectively. (b) Defense Acquisition Improvement Act of 1986.--Section 908 of the Defense Acquisition Improvement Act of 1986 (10 U.S.C. 2326 note) is amended by striking subsection (b). (c) National Defense Authorization Act for Fiscal Year 1994.-- Section 542 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 113 note) is repealed. (d) National Defense Authorization Act for Fiscal Year 1995.-- Section 553(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2772; 10 U.S.C. 4331 note) is amended by striking the last sentence. (e) Ballistic Missile Defense Act of 1995.--Section 234 of the Ballistic Missile Defense Act of 1995 (subtitle C of title II of Public Law 104-106; 10 U.S.C. 2431 note) is amended by striking subsection (f). (f) Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001.--Section 1006 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-247; 10 U.S.C. 2226 note) is amended by striking subsection (c). (g) Department of Defense Appropriations Act, 2001.--Section 8019 of the Department of Defense Appropriations Act, 2001 (Public Law 106- 259; 114 Stat. 678; 10 U.S.C. 2687 note), is amended by striking the last proviso. (h) Military Construction Appropriations Act, 2001.--Section 125 of the Military Construction Appropriations Act, 2001 (division A of Public Law 106-246; 114 Stat. 517), is repealed.
Defense Recurring Reports Elimination Act of 2002 - Amends Federal armed forces provisions, certain prior defense authorization and appropriations Acts, the Defense Acquisition Improvement Act of 1986, the Ballistic Missile Defense Act of 1995, and the Military Construction Appropriations Act, 2001 to repeal various reporting requirements imposed on the Department of Defense.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Dioxide Capture Technology Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) flue gases from coal-fired electric generating facilities typically have carbon dioxide concentrations of approximately 17 percent by volume; (2) it is possible to separate carbon dioxide from dilute sources and even the atmosphere, which has a carbon dioxide concentration of 0.038 percent, but substantial advances in research and technology will be necessary to provide the separation in an economical manner; (3) developing practical separations of carbon dioxide from dilute sources is important to the future development of energy technology; (4) economical onsite separation of atmospheric carbon dioxide can help leverage the use of carbon dioxide in energy applications such as enhanced oil recovery and enhanced geothermal systems at remote sites; and (5) authorizing the Secretary of Energy to provide a technology prize for separation of carbon dioxide from dilute sources can provide the impetus for developing the novel technologies that will be needed in the future as part of the national energy system of the United States. (b) Purpose.--It is the purpose of this Act to provide incentives to encourage the development and implementation of technology to capture carbon dioxide from dilute sources on a significant scale using direct air capture technologies. SEC. 3. CARBON DIOXIDE CAPTURE TECHNOLOGY PRIZE. Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is amended by adding at the end the following: ``(g) Carbon Dioxide Capture Technology Prize.-- ``(1) Definitions.--In this subsection: ``(A) Board.--The term `Board' means the Carbon Dioxide Capture Technology Advisory Board established by paragraph (6). ``(B) Dilute.--The term `dilute' means a concentration of less than 1 percent by volume. ``(C) Intellectual property.--The term `intellectual property' means-- ``(i) an invention that is patentable under title 35, United States Code; and ``(ii) any patent on an invention described in clause (i). ``(D) Secretary.--The term `Secretary' means the Secretary of Energy or designee, in consultation with the Board. ``(2) Authority.--Not later than 1 year after the date of enactment of this subsection, as part of the program carried out under this section, the Secretary shall establish and award competitive technology financial awards for carbon dioxide capture from media in which the concentration of carbon dioxide is dilute. ``(3) Duties.--In carrying out this subsection, the Secretary shall-- ``(A) subject to paragraph (4), develop specific requirements for-- ``(i) the competition process; ``(ii) minimum performance standards for qualifying projects; and ``(iii) monitoring and verification procedures for approved projects; ``(B) establish minimum levels for the capture of carbon dioxide from a dilute medium that are required to be achieved to qualify for a financial award described in subparagraph (C); ``(C) offer financial awards for-- ``(i) a design for a promising capture technology; ``(ii) a successful bench-scale demonstration of a capture technology; ``(iii) a design for a technology described in clause (i) that will-- ``(I) be operated on a demonstration scale; and ``(II) achieve significant reduction in the level of carbon dioxide; and ``(iv) an operational capture technology on a commercial scale that meets the minimum levels described in subparagraph (B); and ``(D) submit to Congress-- ``(i) an annual report that describes the progress made by the Board and recipients of financial awards under this subsection in achieving the demonstration goals established under subparagraph (C); and ``(ii) not later than 1 year after the date of enactment of this subsection, a report that describes the levels of funding that are necessary to achieve the purposes of this subsection. ``(4) Public participation.--In carrying out paragraph (3)(A), the Board shall-- ``(A) provide notice of and, for a period of at least 60 days, an opportunity for public comment on, any draft or proposed version of the requirements described in paragraph (3)(A); and ``(B) take into account public comments received in developing the final version of those requirements. ``(5) Peer review.--No financial awards may be provided under this subsection until the proposal for which the award is sought has been peer reviewed in accordance with such standards for peer review as are established by the Secretary. ``(6) Carbon dioxide capture technology advisory board.-- ``(A) Establishment.--There is established an advisory board to be known as the `Carbon Dioxide Capture Technology Advisory Board'. ``(B) Composition.--The Board shall be composed of 9 members appointed by the President, by and with the advice and consent of the Senate, who shall provide expertise in-- ``(i) climate science; ``(ii) physics; ``(iii) chemistry; ``(iv) biology; ``(v) engineering; ``(vi) economics; ``(vii) business management; and ``(viii) such other disciplines as the Secretary determines to be necessary to achieve the purposes of this subsection. ``(C) Term; vacancies.-- ``(i) Term.--A member of the Board shall serve for a term of 6 years. ``(ii) Vacancies.--A vacancy on the Board-- ``(I) shall not affect the powers of the Board; and ``(II) shall be filled in the same manner as the original appointment was made. ``(D) Initial meeting.--Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board. ``(E) Meetings.--The Board shall meet at the call of the Chairperson. ``(F) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. ``(G) Chairperson and vice chairperson.--The Board shall select a Chairperson and Vice Chairperson from among the members of the Board. ``(H) Compensation.--Each member of the Board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule for each day during which the member is engaged in the actual performance of the duties of the Board. ``(I) Duties.--The Board shall advise the Secretary on carrying out the duties of the Secretary under this subsection. ``(7) Intellectual property.-- ``(A) In general.--As a condition of receiving a financial award under this subsection, an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States. ``(B) Reservation of license.--The United States-- ``(i) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on behalf of the United States, in connection with any intellectual property described in subparagraph (A); but ``(ii) shall not, in the exercise of a license reserved under clause (i), publicly disclose proprietary information relating to the license. ``(C) Transfer of title.--Title to any intellectual property described in subparagraph (A) shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property. ``(8) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection such sums as are necessary. ``(9) Termination of authority.--The Board and all authority provided under this subsection shall terminate on December 31, 2020.''.
Carbon Dioxide Capture Technology Act of 2009 - Amends the Energy Policy Act of 2005 to: (1) direct the Secretary of Energy to establish and award competitive technology financial awards for the development and implementation of technology to capture carbon dioxide from dilute sources; and (2) establish the Carbon Dioxide Capture Technology Advisory Board to advise the Secretary in carrying out duties under this Act. Terminates the Board and all authorities under this Act on December 31, 2020.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Conscience Rights Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) As Thomas Jefferson declared to New London Methodists in 1809, ``[n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority''. (2) Jefferson's conviction on respect for conscience is deeply embedded in the history and traditions of our Nation, and codified in numerous Federal laws approved by congressional majorities and Presidents of both parties, including in the Public Health Service Act (42 U.S.C. 201 et seq.); the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et seq.); the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.); longstanding provisions on respect for conscience rights in the Federal Employees Health Benefits Program and District of Columbia appropriations; and laws to protect individuals from being forced to participate in Federal executions or prosecutions. (3) Following enactment of the Patient Protection and Affordable Care Act (Public Law 111-148, in this section referred to as ``PPACA''), the Federal Government has sought to impose specific requirements that infringe on the rights of conscience of those who offer or purchase health coverage. (4) While PPACA provides an exemption for some religious groups that object to participation in health insurance generally, and exempts millions of Americans from most of the Act's provisions, including the preventive services mandate, it fails to provide statutory protection for those seeking to offer or to purchase health coverage who have a religious or moral objection only to specific items or services. (5) Nurses and other health care providers have increasingly been subjected to discrimination for abiding by their conscience rather than providing, paying for, or referring for abortion. (6) Conscience rights protections for health care providers are an important part of civil rights protections in Federal law and are indispensable to the continued viability of the health care system in the United States. The increasingly significant discrimination suffered by faith-based nonprofit health care providers risks undermining access to high-quality compassionate care for some of the most vulnerable populations in our country. SEC. 3. APPLYING LONGSTANDING POLICY ON CONSCIENCE RIGHTS TO THE AFFORDABLE CARE ACT. (a) In General.--Title I of the Patient Protection and Affordable Care Act (Public Law 111-148) is amended-- (1) by redesignating the second section 1563 (relating to conforming amendments and as redesignated by section 10107(b)(1) of the Patient Protection and Affordable Care Act) as section 1564; (2) by redesignating the third section 1563 (relating to the Sense of the Senate promoting fiscal responsibility) as section 1565; and (3) by adding at the end the following new section: ``SEC. 1566. RESPECTING CONSCIENCE RIGHTS IN HEALTH COVERAGE. ``(a) In General.--Notwithstanding any other provision of this title, no provision of this title (and no amendment made by this title) shall-- ``(1) require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which such individual has a moral or religious objection, or prevent an issuer from offering or issuing, to such individual, individual health insurance coverage that excludes such item or service; ``(2) require a sponsor (or, in the case of health insurance coverage offered to students through an institution of higher education, the institution of higher education offering such coverage) to sponsor, purchase, or provide any health benefits coverage or group health plan that includes coverage of an abortion or other item or service to which such sponsor or institution, respectively, has a moral or religious objection, or prevent an issuer from offering or issuing to such sponsor or institution, respectively, health insurance coverage that excludes such item or service; ``(3) require an issuer of health insurance coverage or the sponsor of a group health plan to include, in any such coverage or plan, coverage of an abortion or other item or service to which such issuer or sponsor has a moral or religious objection; or ``(4) authorize the imposition of a tax, penalty, fee, fine, or other sanction, or the imposition of coverage of the item or service to which there is a moral or religious objection, in relation to health insurance coverage or a group health plan that excludes an item or service pursuant to this section. ``(b) Restriction on Contrary Governmental Action.--No provision in this title (or amendment made by this title) or law, regulation, guideline or other governmental action that implements such provision or amendment, or derives its authority therefrom, shall be given legal effect to the extent that it violates this section. ``(c) No Effect on Other Laws.--Nothing in this section shall be construed to preempt, modify, or otherwise have any effect on-- ``(1) the Civil Rights Act of 1964; ``(2) the Americans with Disabilities Act of 1990; ``(3) the Pregnancy Discrimination Act of 1978; ``(4) the Mental Health Parity Act of 1996; or ``(5) any other State or Federal law, other than a provision in this title (or an amendment made by this title) or a law, regulation, guideline or other governmental action that implements such provision or amendment or derives its authority therefrom. ``(d) Aggregate Actuarial Value.--Nothing in this section shall be construed to prohibit the Secretary from issuing regulations or other guidance to ensure that health insurance coverage or group health plans excluding abortion or other items or services under this section shall have an aggregate actuarial value at least equivalent to that of health insurance coverage or group health plans at the same level of coverage that do not exclude such items or services. ``(e) Continued Application of Nondiscrimination Rules.--Nothing in this section shall be construed to permit a health insurance issuer, group health plan, or other health care provider to act in a manner inconsistent with subparagraph (B) or (D) of section 1302(b)(4).''. (b) Clerical Amendment.--The table of contents of the Patient Protection and Affordable Care Act (Public Law 111-148) is amended-- (1) by striking the following items: ``1563. Conforming amendments. ``1563. Sense of the Senate promoting fiscal responsibility.''; and (2) by inserting after the item relating to the section 1563 relating to small business procurement the following items: ``1564. Conforming amendments. ``1565. Sense of the Senate promoting fiscal responsibility. ``1566. Respecting conscience rights in health coverage.''. SEC. 4. ABORTION NONDISCRIMINATION FOR HEALTH CARE PROVIDERS. Section 245 of the Public Health Service Act (42 U.S.C. 238n) is amended-- (1) in the section heading, by striking ``and licensing of physicians'' and inserting ``, licensing, and practice of physicians and other health care entities''; (2) in subsection (a), by amending paragraph (1) to read as follows: ``(1) the entity refuses-- ``(A) to undergo training in the performance of induced abortions; ``(B) to require or provide such training; ``(C) to perform, participate in, provide coverage of, or pay for induced abortions; or ``(D) to provide referrals for such training or such abortions;''; (3) in subsection (b)(1), by striking ``standards'' and inserting ``standard''; (4) in subsection (c), by amending paragraphs (1) and (2) to read as follows: ``(1) The term `financial assistance', with respect to a government program, means governmental payments to cover the cost of health care services or benefits, or other Federal payments, grants, or loans to promote or otherwise facilitate health-related activities. ``(2) The term `health care entity' includes an individual physician or other health professional, a postgraduate physician training program, a participant in a program of training in the health professions, a hospital, a provider- sponsored organization as defined in section 1855(d) of the Social Security Act, a health maintenance organization, an accountable care organization, an issuer of health insurance coverage, any other kind of health care facility, organization, or plan, and an entity that provides or authorizes referrals for health care services.''; (5) by adding at the end of subsection (c) the following new paragraph: ``(4) The term `State or local government that receives Federal financial assistance' includes any agency or other governmental unit of a State or local government if such government receives Federal financial assistance.''; (6) by redesignating subsection (c) as subsection (d); and (7) by inserting after subsection (b) the following new subsection: ``(c) Administration.--The Secretary shall designate the Director of the Office for Civil Rights of the Department of Health and Human Services-- ``(1) to receive complaints alleging a violation of this section, section 1566 of the Patient Protection and Affordable Care Act, or any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973; and ``(2) to pursue the investigation of such complaints, in coordination with the Attorney General.''. SEC. 5. REMEDIES FOR VIOLATIONS OF FEDERAL CONSCIENCE LAWS. Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 245 the following: ``SEC. 245A. CIVIL ACTION FOR CERTAIN VIOLATIONS. ``(a) In General.--A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. ``(b) Definitions.--In this section-- ``(1) the term `qualified party' means-- ``(A) the Attorney General; or ``(B) any person or entity adversely affected by the designated violation; and ``(2) the term `designated violation' means an actual or threatened violation of section 245 of this Act, section 1566 of the Patient Protection and Affordable Care Act, or any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973. ``(c) Administrative Remedies Not Required.--An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted available administrative remedies. ``(d) Defendants in Actions Under This Section May Include Governmental Entities as Well as Others.-- ``(1) In general.--An action under this section may be maintained against, among others, a party that is a Federal or State governmental entity. Relief in an action under this section may include money damages even if the defendant is such a governmental entity. ``(2) Definition.--For the purposes of this subsection, the term `State governmental entity' means a State, a local government within a State, or any agency or other governmental unit or authority of a State or of such a local government. ``(e) Nature of Relief.--The court shall grant-- ``(1) all necessary equitable and legal relief, including, where appropriate, declaratory relief and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and ``(2) to a prevailing plaintiff, reasonable attorneys' fees and litigation expenses as part of the costs.''.
Health Care Conscience Rights Act - Amends title I of the Patient Protection and Affordable Care Act to declare that nothing in such title shall require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which the individual has a moral or religious objection, or prevent an issuer from offering or issuing, to that individual, individual coverage excluding such item or service. Makes similar denials about requiring a sponsor to sponsor, purchase, or provide such coverage, or a health insurance issuer or group health plan sponsor to cover an abortion or other item or service to which the sponsor or issuer has a moral or religious objection. Denies also that such title authorizes imposition of a tax, penalty, fee, fine, or other sanction, or imposition of coverage of such an item or service, in relation to health insurance coverage or a group health plan that excludes such an item or service. Amends the Public Health Service Act to codify the prohibition against any action by the federal government and any state or local government receiving federal financial assistance to subject a health professional, a hospital, a provider-sponsored organization, a health maintenance organization, an accountable care organization, a health insurance plan, or any other kind of health care facility, organization, or plan to discrimination on the basis that the entity refuses to participate in abortion-related activities. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints alleging a violation of abortion discrimination prohibition. Creates a cause of action for the Attorney General or any person or entity adversely affected to obtain equitable or legal relief for any violation of this abortion discrimination prohibition. Allows commencement of an action to be commenced and the granting of relief without a prerequisite pursuit of administrative remedies. Allows such an action against a federal or state governmental entity.
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SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans' Insurance Reform Act of 1995''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. AUTHORITY TO TERMINATE SERVICEMEN'S GROUP LIFE INSURANCE WHEN PREMIUMS ARE NOT PAID. (a) Authority.--Section 1969(a)(2) is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding at the end the following: ``(B) If an individual who is required pursuant to subparagraph (A) to make a direct remittance of costs to the Secretary concerned fails to make the required remittance within 60 days of the date on which such remittance is due, such individual's insurance with respect to which such remittance is required shall be terminated by the Secretary concerned. Such termination shall be made by written notice to the individual's official address and shall be effective 60 days after the date of such notice. Such termination of insurance may be vacated if, before the effective date of termination, the individual remits all amounts past due for such insurance and demonstrates to the satisfaction of the Secretary concerned that the failure to make timely remittances was justifiable.''. (b) Conforming Amendment.--Section 1968(a) is amended by inserting ``(or discontinued pursuant to section 1969(a)(2)(B) of this title)'' in the matter preceding paragraph (1) after ``upon the written request of the insured''. SEC. 3. AUTOMATIC MAXIMUM COVERAGE UNDER SERVICEMEN'S GROUP LIFE INSURANCE. (a) Automatic Maximum Coverage.--Section 1967 is amended in subsections (a) and (c) by striking out ``$100,000'' each place it appears and inserting in lieu thereof in each instance ``$200,000''. (b) Information To Be Provided Members.--Subsection (e) of such section is amended to read as follows: ``(e) Whenever a member has the opportunity to make an election under subsection (a) not to be insured under this subchapter, or to be insured under this subchapter in an amount less than the maximum amount, and at such other times periodically thereafter as the Secretary concerned considers appropriate, the Secretary concerned shall furnish to the member general information concerning life insurance. Such information shall include-- ``(1) the purpose and role of life insurance in financial planning; ``(2) the difference between term life insurance and whole life insurance; ``(3) the availability of commercial life insurance; and ``(4) the relationship between Servicemembers' Group Life Insurance and Veterans' Group Life Insurance.''. SEC. 4. RENAMING OF SERVICEMEN'S GROUP LIFE INSURANCE PROGRAM. (a) In General.--The program of insurance operated by the Secretary of Veterans Affairs under subchapter III of chapter 19 of title 38, United States Code, is hereby redesignated as the Servicemembers' Group Life Insurance program. (b) Amendments to Chapter 19.--(1) Sections 1967(a), (c), and (f), 1968(b), 1969(a)-(e), 1970(a), (f), and (g), 1971(b), 1973, 1974, and 1977(a), (d), (e), and (g) are amended by striking out ``Servicemen's Group'' each place it appears and inserting in lieu thereof ``Servicemembers' Group''. (2)(A) The heading of subchapter III of chapter 19 is amended to read as follows: ``SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE (FORMERLY SERVICEMEN'S GROUP LIFE INSURANCE)''. (B) The heading of section 1974 is amended to read as follows: ``Sec. 1974. Advisory Council on Servicemembers' Group Life Insurance (formerly Servicemen's Group Life Insurance)''. (3) The table of sections at the beginning of chapter 19 is amended-- (A) by striking out the item relating to subchapter III and inserting in lieu thereof the following: ``subchapter iii--servicemembers' group life insurance (formerly servicemen's group life insurance)''; and (B) by striking out the item relating to section 1974 and inserting in lieu thereof the following: ``1974. Advisory Council on Servicemembers' Group Life Insurance (formerly Servicemen's Group Life Insurance)''. (c) Other Conforming Amendments.--(1) Section 1315(f)(1)(F) is amended by striking out ``servicemen's'' the first place it appears and inserting in lieu thereof ``servicemembers''. (2) Sections 3017(a) and 3224(1) are amended by striking out ``Servicemen's'' each place it appears and inserting in lieu thereof ``Servicemembers'''. SEC. 5. MERGER OF RETIRED RESERVE SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE AND EXTENSION OF VETERANS' GROUP LIFE INSURANCE TO MEMBERS OF THE READY RESERVE. (a) Definition of Member.--Section 1965(5) is amended-- (1) by inserting ``and'' at the end of subparagraph (B); (2) by striking out subparagraphs (C) and (D); and (3) by redesignating subparagraph (E) as subparagraph (C). (b) Persons Insured.--Section 1967 is amended-- (1) in subsection (a)-- (A) by inserting ``and'' at the end of paragraph (1); (B) by striking out paragraphs (3) and (4); and (C) by striking out ``or the first day a member of the Reserves, whether or not assigned to the Retired Reserve of a uniformed service, meets the qualifications of section 1965(5)(C) of this title, or the first day a member of the Reserves meets the qualifications of section 1965(5)(D) of this title,''; (2) by striking out subsection (d); and (3) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (c) Duration and Termination of Coverage.--Section 1968 is amended-- (1) in subsection (a)-- (A) by striking out ``subparagraph (B), (C), or (D) of section 1965(5)'' and inserting in lieu thereof ``section 1965(5)(B)''; (B) by striking out the period at the end of paragraphs (1) and (2) and inserting in lieu thereof a semicolon; (C) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ``; and''; (D) in paragraph (4)-- (i) by striking out ``from such'' in the matter preceding subparagraph (A) and all that follows through ``(A) unless on'' and inserting in lieu thereof ``from such assignment, unless on''; (ii) by striking out the semicolon after ``such assignment'' and inserting in lieu thereof a period; and (iii) by striking out subparagraphs (B) and (C); and (E) by striking out paragraphs (5) and (6); and (2) in subsection (b), by striking out the last two sentences. (d) Premiums.--Section 1969 is amended-- (1) in subsection (a)(2), by striking out ``is assigned to the Reserve (other than the Retired Reserve) and meets the qualifications of section 1965(5)(C) of this title, or is assigned to the Retired Reserve and meets the qualifications of section 1965(5)(D) of this title,''; (2) by striking out subsection (e); and (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. SEC. 6. CONVERSION TO COMMERCIAL LIFE INSURANCE POLICY. (a) SGLI Conversion.--Subsection (b) of section 1968, as amended by section 5(c)(2), is amended-- (1) by inserting ``(1)'' after ``(b)'' at the beginning of the subsection; (2) by striking out ``would cease,'' in the first sentence and all that follows through the period at the end of the sentence and inserting in lieu thereof ``would cease-- ``(A) shall be automatically converted to Veterans' Group Life Insurance, subject to (i) the timely payment of the initial premium under terms prescribed by the Secretary, and (ii) the terms and conditions set forth in section 1977 of this title; or ``(B) at the election of the member, shall be converted to an individual policy of insurance as described in section 1977(e) of this title upon written application for conversion made to the participating company selected by the member and payment of the required premiums.''; and (3) by designating the second sentence as paragraph (2) and in that sentence striking out ``Such automatic conversion'' and inserting in lieu thereof ``Automatic conversion to Veterans' Group Life Insurance under paragraph (1)''. (b) VGLI Conversion.--Section 1977 is amended-- (1) in subsection (a)-- (A) by inserting ``(1)'' after ``(a)''; (B) by striking out the last two sentences; and (C) by adding at the end the following: ``(2) If any person insured under Veterans' Group Life Insurance again becomes insured under Servicemembers' Group Life Insurance but dies before terminating or converting such person's Veterans' Group Insurance, Veterans' Group Life Insurance shall be payable only if such person is insured for less than $200,000 under Servicemembers' Group Life Insurance, and then only in an amount which, when added to the amount of Servicemembers' Group Life Insurance payable, does not exceed $200,000.''; and (2) in subsection (e)-- (A) in the first sentence, by inserting ``at any time'' after ``shall have the right''; and (B) by striking out the third sentence and inserting in lieu thereof the following: ``The Veterans' Group Life Insurance policy will terminate on the day before the date on which the individual policy becomes effective.''. SEC. 7. EFFECTIVE DATE. The Servicemembers' Group Life Insurance of any member of the Retired Reserve of a uniformed service in force on the date of the enactment of this Act shall be converted, effective 90 days after that date, to Veterans' Group Life Insurance.
Veterans' Insurance Reform Act of 1995 - Authorizes the Secretary of the military department concerned to terminate an individual's coverage under the Servicemen's Group Life Insurance (SGLI) if such individual does not pay the required premiums within 60 days after their due date. Requires written notification of such termination. Vacates such termination if such individual, before the effective date of such termination (60 days after notification), remits all past due amounts and demonstrates to the Secretary's satisfaction that the failure to make timely payments was justifiable. Increases from $100,000 to $200,000 the maximum automatic coverage for individuals under the SGLI. Requires specified information to be provided to SGLI holders. Redesignates SGLI as Servicemembers' Group Life Insurance. Merges into SGLI those individuals currently covered under the Retired SGLI program. Revises provisions concerning duration and termination of coverage and premiums with respect to such newly-covered individuals. Allows SGLI policies to be converted, upon the completion of miitary duty or travel, to a commercial life insurance policy with a participating company selected by the individual. Provides for the payment of Veterans' Group Life Insurance (VGLI) to an individual who has in effect at death both SGLI and VGLI coverage, limiting the total benefits payable from both policies to $200,000. Allows VGLI policies to be converted to commercial life insurance policies. Requires SGLI coverage of any member of the Retired Reserve to be converted to VGLI coverage 90 days after the enactment of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Relief Act of 2015''. SEC. 2. PURPOSE. The purpose of this Act is to spur economic growth, by establishing a mechanism to allow borrowers of Federal student loans to refinance their loans in order-- (1) to allow credit-worthy borrowers to get a lower interest rate than the Federal rate; (2) to encourage innovation in the education refinancing markets; and (3) to promote the participation of private capital in the education refinancing markets. TITLE I--REFINANCING STUDENT LOANS SEC. 101. DEFINITIONS. In this title-- (1) the term ``Federal student loan'' means a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) the term ``Secretary'' means the Secretary of the Treasury, other than in the context of the Secretary of Education. SEC. 102. TEMPORARY AUTHORITY TO CREATE A CREDIT FACILITY TO INCREASE MARKET EFFICIENCY IN THE STUDENT LOAN MARKET. (a) Authority.-- (1) In general.--The Secretary, notwithstanding any provision of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091), is authorized to facilitate Federal student loan refinancing into the private market to ensure that borrowers pay lower interest rates that are commensurate with credit risk, so that they may pursue more economically productive activities, such as home purchases and small business formation. (2) No net cost to government.--Mechanisms established under this subsection shall not result in any net cost to the Federal Government, as determined jointly by the Secretary, the Secretary of Education, and the Director of the Office of Management and Budget. (3) Federal guarantee.--A private loan that results from refinancing under a program established under the authority of this section shall receive a Federal Government guarantee of 95 percent of the private loan, including accrued interest on such loan. (4) Disclosures.--Each lender of prospective borrower of a private loan that would result from refinancing under a program established under the authority of this section shall disclose to the prospective borrower the information described in section 428C(b)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(1)(F)). (b) Public Awareness.--The Secretary, in consultation with the Secretary of Education, shall-- (1) begin a national awareness campaign to alert all Federal student loan borrowers who may benefit from any program or facilities established under this section; and (2) include in the campaign under paragraph (1) a disclosure that a private loan that results from refinancing under a program established under the authority of this section is not eligible for income driven repayment or loan forgiveness. (c) Expiration of Authority.--Three years after the date on which a credit facility is established under this Act, and not later than 5 years after the date of enactment of this Act, any new lending, purchase, or other activity initiated through the facilities established by the Secretary under subsection (a) shall cease, except the Federal guarantee described in subsection (a)(3) shall continue for the life of the private loan. TITLE II--EXCLUSION FOR EMPLOYER PAYMENT OF INTEREST ON CERTAIN REFINANCED STUDENT LOANS SEC. 201. EXCLUSION FOR EMPLOYER PAYMENT OF INTEREST ON CERTAIN REFINANCED STUDENT LOANS. (a) In General.--Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) the payment by an employer, whether paid to the employee or to a lender, of any indebtedness of the employee under a qualified education refinance loan or any interest relating to such a loan, and''. (b) Qualified Education Refinance Loan.--Subsection (c) of section 127 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Qualified education refinance loan.--The term `qualified education refinance loan' means any indebtedness used solely to refinance a qualified education loan (within the meaning of section 221(d)(1)) with respect to which the lender offers the borrower protection in the event of unemployment or financial hardship (as reasonably determined by the lender, including periods of forbearance or career assistance).''. (c) Conforming Amendment; Denial of Double Benefit.--Paragraph (1) of section 221(e) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: ``, or for which an exclusion is allowable under section 127 to the taxpayer's employer by reason of the payment by such employer of any indebtedness on a qualified education loan of the taxpayer''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2015.
Student Loan Relief Act of 2015 This bill authorizes the Department of the Treasury to establish a temporary three-year program to facilitate federal student loan refinancing into the private market, at no cost to the federal government, to ensure payment of lower interest rates on student loans. Private lenders under such refinancing program shall be eligible to receive a federal government guarantee of 95% of loans. Treasury shall, in consultation with the Department of Education, begin a national awareness campaign to alert student loan borrowers about such refinancing program with a disclosure that a private loan that results from such refinancing is not eligible for income driven repayment or loan forgivingness. The bill amends the Internal Revenue Code to allow an exclusion from gross income for the payment of an employer, either to an employee or a lender, of any indebtedness of an employee under a qualified education refinance loan or any interest relating to such a loan. The term "qualified education refinance loan" means any indebtedness used solely to refinance a qualified education loan with respect to which the lender offers the borrower protection in the event of unemployment or financial hardship.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Follows the Person Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In his budget for fiscal year 2004, President George W. Bush proposes a ``Money Follows the Person'' rebalancing initiative under the medicaid program to help States rebalance their long-term services support systems more evenly between institutional and community-based services. (2) The President, by proposing this initiative, and Congress, recognize that States have not fully developed the systems needed to create a more equitable balance between institutional and community-based services spending under the medicaid program. (3) While a few States have been successful at achieving this balance, nationally, approximately 70 percent of the medicaid funding spent for long-term services is devoted to nursing facilities and intermediate care facilities for the mentally retarded. Only 30 percent of such funding is spent for community-based services. (4) As a result, there are often long waiting lists for community-based services and supports. (5) In the Americans with Disabilities Act of 1990, Congress found that individuals with disabilities continue to encounter various forms of discrimination, including segregation, and that discrimination persists in such critical areas as institutionalization. (6) In 1999, the Supreme Court held in Olmstead v. LC (527 U.S. 581 (1999)) that needless institutionalization is discrimination under the Americans with Disabilities Act of 1990, noting that institutional placement of people who can be served in the community ``perpetuates unwarranted assumptions that persons so isolated are unworthy of participating in community life.'' (Id. at 600). The Court further found that ``confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment.'' (Id. at 601). (7) Additional resources would be helpful for assisting States in rebalancing their long-term services support system and complying with the Olmstead decision. SEC. 3. AUTHORITY TO CONDUCT MEDICAID DEMONSTRATION PROJECTS. (a) Definitions.--In this section: (1) Community-based services and supports.--The term ``community-based services and supports'' means, with respect to a State, any items or services that are an allowable expenditure for medical assistance under the State medicaid program, or under a waiver of such program and that the State determines would allow an individual to live in the community. (2) Individual's representative; representative.--The terms ``individual's representative'' and ``representative'' mean a parent, family member, guardian, advocate, or authorized representative of an individual. (3) Medicaid long-term care facility.--The term ``medicaid long-term care facility'' means a hospital, nursing facility, or intermediate care facility for the mentally retarded, as such terms are defined for purposes of the medicaid program. (4) Medicaid program.--The term ``medicaid program'' means the State medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) State.--The term ``State'' has the meaning given such term for purposes of the medicaid program. (b) State Application.--A State may apply to the Secretary for approval to conduct a demonstration project under which the State shall provide community-based services and supports to individuals-- (1) who are eligible for medical assistance under the medicaid program; (2) who are residing in a medicaid long-term care facility and who have resided in such facility for at least 90 days; and (3) with respect to whom there has been a determination that but for the provision of community-based services and supports, the individuals would continue to require the level of care provided in a medicaid long-term care facility. (c) Requirements.--A State is not eligible to conduct a demonstration project under this section unless the State certifies the following: (1) With respect to any individual provided community-based services and supports under the demonstration project, the State shall continue to provide community-based services and supports to the individual under the medicaid program (and at the State's Federal medical assistance percentage (as defined in section 1905(b) of the Social Security Act) reimbursement rate), for as long as the individual remains eligible for medical assistance under the State medicaid program and continues to require such services and supports, beginning with the month that begins after the 12-month period in which the individual is provided such services and supports under the demonstration project. (2) The State shall allow an individual participating in the demonstration project (or, as appropriate, the individual's representative) to choose the setting in which the individual desires to receives the community-based services and supports provided under the project. (3) The State shall identify and educate individuals residing in a medicaid long-term care facility who are eligible to participate in the demonstration project (and, as appropriate the individual's representative) about the opportunity for the individual to receive community-based services and supports under the demonstration project. (4) The State shall ensure that each individual identified in accordance with paragraph (3) (and, as appropriate, the individual's representative), has the opportunity, information, and tools to make an informed choice regarding whether to transition to the community through participation in the demonstration project or to remain in the medicaid long-term care facility. (5) The State shall maintain an adequate quality improvement system so that individuals participating in the demonstration project receive adequate services and supports. (6) The State shall conduct a process for public participation in the design and development of the demonstration project and such process shall include the participation of individuals with disabilities, elderly individuals, or individuals with chronic conditions who are part of the target populations to be served by the demonstration project, and the representatives of such individuals. (7) The Federal funds paid to a State pursuant to this section shall only supplement, and shall not supplant, the level of State funds expended for providing community-based services and supports for individuals under the State medicaid program as of the date the State application to conduct a demonstration project under this section is approved. (d) Approval of Demonstration Projects.-- (1) In general.--Subject to paragraph (2), the Secretary shall conduct a competitive application process with respect to applications submitted under subsection (b) (taking into consideration the preferences provided under paragraph (2)) that meet the requirements of subsection (c). In determining whether to approve such an application, the Secretary may waive the requirement of-- (A) section 1902(a)(1) of the Social Security Act (42 U.S.C. 1396a(a)(1)) to allow for sub-State demonstrations; (B) section 1902(a)(10)(B) of such Act (42 U.S.C. 1396a(a)(10)(B)) with respect to comparability; and (C) section 1902(a)(10)(C)(i)(III) of such Act (42 U.S.C. 1396a(a)(10)(C)(i)(III)) with respect to income and resource limitations. (2) Preference for certain applications.--In approving applications to conduct demonstration projects under this section, the Secretary shall give preference to approving applications that indicate that the State shall do the following: (A) Design and implement enduring improvements in community-based long-term services support systems within the State to enable individuals with disabilities to live and participate in community life, particularly with respect to those practices that will ensure the successful transition of such individuals from medicaid long-term care facilities into the community. (B) Design and implement a long-term services support system in the State that prevents individuals from entering medicaid long-term care facilities in order to gain access to community-based services and supports. (C) Engage in systemic reform activities within the State to rebalance expenditures for long-term services under the State medicaid program through administrative actions that reduce reliance on institutional forms of service and build up more community capacity. (D) Address the needs of populations that have been underserved with respect to the availability of community services or involve individuals or entities that have not previously participated in the efforts of the State to increase access to community-based services. (E) Actively engage in collaboration between public housing agencies, the State medicaid agency, independent living centers, and other agencies and entities in order to coordinate strategies for obtaining community integrated housing and supportive services for an individual who participates in the demonstration project, both with respect to the period during which such individual participates in the project and after the individual's participation in the project concludes, in order to enable the individual to continue to reside in the community. (F) Develop and implement policies and procedures that allow the State medicaid agency to administratively transfer or integrate funds from the State budget accounts that are obligated for expenditures for medicaid long-term care facilities to other accounts for obligation for the provision of community-based services and supports (including accounts related to the provision of such services under a waiver approved under section 1915 of the Social Security Act (42 U.S.C. 1396n)) when an individual transitions from residing in such a facility to residing in the community. (e) Payments to States.-- (1) In general.--The Secretary shall pay to each State with a demonstration project approved under this section an amount for each quarter occurring during the period described in paragraph (2) equal to 100 percent of the State's expenditures in the quarter for providing community-based services and supports to individuals participating in the demonstration project. (2) Period described.--The period described in this paragraph is the 12-month period that begins on the date on which an individual first receives community-based services and supports under the demonstration project in a setting that is not a medicaid long-term care facility and is selected by the individual. (f) Reports.-- (1) In general.--Each State conducting a demonstration project under this section shall submit a report to the Secretary that, in addition to such other requirements as the Secretary may require, includes information regarding-- (A) the types of community-based services and supports provided under the demonstration project; (B) the number of individuals served under the project; (C) the expenditures for, and savings resulting from, conducting the project; and (D) to the extent applicable, the changes in State's long-term services system developed in accordance with the provisions of subsection (d)(2). (2) Uniform data format.--In requiring information under this subsection, the Secretary shall develop a uniform data format to be used by States in the collection and submission of data in the State report required under paragraph (1). (g) Evaluations.--The Secretary shall use an amount, not to exceed one-half of 1 percent of the amount appropriated under subsection (h) for each fiscal year, to provide, directly or through contract-- (1) for the evaluation of the demonstration projects conducted under this section; (2) technical assistance to States concerning the development or implementation of such projects; and (3) for the collection of the data described in subsection (f)(1). (h) Funding.-- (1) In general.--There is appropriated to carry out this section $350,000,000 for each of fiscal years 2004 through 2008. (2) Availability.--Funds appropriated under paragraph (1) for a fiscal year shall remain available until expended, but not later than September 30, 2008.
Money Follows the Person Act of 2003 - Authorizes a State to apply to the Secretary of Health and Human Services for approval to conduct a demonstration project under which the State shall provide community-based services and supports to Medicaid-eligible individuals residing in a Medicaid long-term care facility for at least 90 days with respect to whom it is determined that, but for community-based services and supports, the individual would continue to require the level of care provided in a Medicaid long-term care facility.
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SECTION 1. PREVENTION OF AVOIDANCE OF TAX THROUGH REINSURANCE WITH NON- TAXED AFFILIATES. (a) In General.--Part III of subchapter L of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 849. SPECIAL RULES FOR REINSURANCE OF NON-LIFE CONTRACTS WITH NON-TAXED AFFILIATES. ``(a) In General.--The taxable income under section 831(a) or the life insurance company taxable income under section 801(b) (as the case may be) of an insurance company shall be determined by not taking into account-- ``(1) any non-taxed reinsurance premium, ``(2) any additional amount paid by such insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid, to the extent such additional amount is properly allocable to such non-taxed reinsurance premium, and ``(3) any return premium, ceding commission, reinsurance recovered, or other amount received by such insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid, to the extent such return premium, ceding commission, reinsurance recovered, or other amount is properly allocable to such non-taxed reinsurance premium. ``(b) Non-Taxed Reinsurance Premiums.--For purposes of this section-- ``(1) In general.--The term `non-taxed reinsurance premium' means any reinsurance premium paid directly or indirectly to an affiliated corporation with respect to reinsurance of risks (other than excepted risks), to the extent that the income attributable to the premium is not subject to tax under this subtitle (either as the income of the affiliated corporation or as amounts included in gross income by a United States shareholder under section 951). ``(2) Excepted risks.--The term `excepted risks' means any risk with respect to which reserves described in section 816(b)(1) are established. ``(c) Affiliated Corporations.--For purposes of this section, a corporation shall be treated as affiliated with an insurance company if both corporations would be members of the same controlled group of corporations (as defined in section 1563(a)) if section 1563 were applied-- ``(1) by substituting `at least 50 percent' for `at least 80 percent' each place it appears in subsection (a)(1), and ``(2) without regard to subsections (a)(4), (b)(2)(C), (b)(2)(D), and (e)(3)(C). ``(d) Election To Treat Reinsurance Income as Effectively Connected.-- ``(1) In general.--A specified affiliated corporation may elect for any taxable year to treat specified reinsurance income as-- ``(A) income effectively connected with the conduct of a trade or business in the United States, and ``(B) for purposes of any treaty between the United States and any foreign country, income attributable to a permanent establishment in the United States. ``(2) Effect of election.--In the case of any specified reinsurance income with respect to which the election under this subsection applies-- ``(A) Deduction allowed for reinsurance premiums.-- For exemption from subsection (a), see definition of non-taxed reinsurance premiums in subsection (b). ``(B) Exception from excise tax.--The tax imposed by section 4371 shall not apply with respect to any income treated as effectively connected with the conduct of a trade or business in the United States under paragraph (1). ``(C) Taxation under this subchapter.--Such income shall be subject to tax under this subchapter to the same extent and in the same manner as if such income were the income of a domestic insurance company. ``(D) Coordination with foreign tax credit provisions.--For purposes of subpart A of part III of subchapter N and sections 78 and 960-- ``(i) such specified reinsurance income shall be treated as derived from sources without the United States, and ``(ii) subsections (a), (b), and (c) of section 904 and sections 902, 907, and 960 shall be applied separately with respect to each item of such income. The Secretary may issue regulations or other guidance which provide that related items of specified reinsurance income may be aggregated for purposes of applying clause (ii). ``(3) Specified affiliated corporation.--For purposes of this subsection, the term `specified affiliated corporation' means any affiliated corporation which is a foreign corporation and which meets such requirements as the Secretary shall prescribe to ensure that tax on the specified reinsurance income of such corporation is properly determined and paid. ``(4) Specified reinsurance income.--For purposes of this paragraph, the term `specified reinsurance income' means all income of a specified affiliated corporation which is attributable to reinsurance with respect to which subsection (a) would (but for the election under this subsection) apply. ``(5) Rules related to election.--Any election under paragraph (1) shall-- ``(A) be made at such time and in such form and manner as the Secretary may provide, and ``(B) apply for the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. ``(e) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be appropriate to carry out, or to prevent the avoidance of the purposes of, this section, including regulations or other guidance which provide for the application of this section to alternative reinsurance transactions, fronting transactions, conduit and reciprocal transactions, and any economically equivalent transactions.''. (b) Clerical Amendment.--The table of sections for part III of subchapter L of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 849. Special rules for reinsurance of non-life contracts with non-taxed affiliates.''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.
Amends the Internal Revenue Code to exclude from the taxable income of a life insurance company or other insurance company: (1) any non-taxed reinsurance premium; (2) any additional amount paid by an insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid; and (3) any return premium, ceding commission, reinsurance recovered, or other amount received by an insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Radio Free Asia Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) it is the policy of the United States to promote the right of all people, enshrined in the Universal Declaration of Human Rights, to ``seek, receive and impart information and ideas through any media and regardless of frontiers''; (2) pursuant to this policy, the United States has for decades actively supported the dissemination of accurate information and the promotion of democratic ideals among the peoples of nations throughout the world; (3) prominent in the implementation of this policy has been United States support for the Radio Free Europe, Radio Liberty, and Radio Marti, which have broadcast accurate and timely information to the oppressed people of Eastern Europe, the former Soviet Union, and Cuba, respectively, about events in those countries; (4) the introduction of similar radio broadcasting to the People's Republic of China, a country where all media remain under strict government control, would sharply increase the dissemination among China's citizens of accurate information and ideas relating to developments within China itself; (5) the establishment of similar broadcasting to the other totalitarian states of Asia would also increase the dissemination of news and information to the people of those countries; and (6) such broadcasting to the totalitarian nations of Asia, conducted in accordance with the highest professional standards, would serve the goals of United States foreign policy by promoting freedom in those nations and would bring closer the day when all the world's major powers are cooperating democracies. SEC. 3. SUPPORT FOR RADIO BROADCASTING TO ASIA. The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871 et seq.) is amended by adding at the end thereof the following new section: ``radio broadcasting to asia ``Sec. 15. (a) The Board for International Broadcasting is authorized to designate one organization constituted on the model of RFE/RL, Incorporated, as eligible to receive funds under this Act for purposes of carrying out radio broadcasting to the People's Republic of China, Burma, and Cambodia, Laos, North Korea, Tibet, and Vietnam. Such broadcasts shall be designated `Radio Free Asia'. ``(b) In implementing subsection (a), the Board for International Broadcasting shall consider the recommendations of the Commission on Broadcasting to the People's Republic of China established by section 243 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 705). ``(c)(1) The authorities, responsibilities, requirements, and limitations provided in this Act for the Board, the Comptroller General of the United States, the Secretary of State, and the Board of Directors, of the RFE/RL, Incorporated, with respect to RFE/RL, Incorporated, in Eastern Europe and the former Soviet Union, shall apply with respect to an organization designated under subsection (a) and the broadcasts by that organization in Asia. ``(2) Paragraph (1) does not apply to the requirements of section 10 and the authority provided in section 12.''. SEC. 4. BOARD FOR INTERNATIONAL BROADCASTING. (a) Increased Membership.--Section 3(b) of such Act (22 U.S.C. 2872(b)) is amended in paragraph (1)-- (1) by striking out ``ten members, one of whom shall be an ex officio member'' and inserting in lieu thereof ``fourteen, two of whom shall be ex officio members''; (2) by striking out ``nine'' in the second sentence and inserting in lieu thereof ``twelve''; (3) by striking out ``five'' in the third sentence and inserting in lieu thereof ``seven''; and (4) by striking out the fourth sentence and inserting in lieu thereof the following: ``The chief operating executive of RFE/RL, Incorporated, and the chief operating executive of a similar organization designated under section 15 shall each be ex officio members of the Board and may participate in the activities of the Board, but may not vote in the determinations of the Board.''. (b) Terms of Presidential Appointees.--Paragraph (3) of such section 3(b) is amended to read as follows: ``(3)(A) Except as provided in subparagraphs (B) and (C), the term of office of each member of the Board appointed by the President shall be three years. ``(B) The terms of office of the individuals initially appointed as the four additional voting members of the Board who are provided for by the Board for International Broadcasting Authorization Act, Fiscal Years 1982 and 1983, shall be one, two, or three years (as designated by the President at the time of their appointment) so that the terms of one-third of the voting members of the Board expire each year. ``(C) Of the members initially appointed as the three additional voting members of the Board provided for by the amendments made by section 4(a) of the Radio Free Asia Act of 1993, one member shall be appointed for an initial term of one year, one member shall be appointed for an initial term of two years, and one member shall be appointed for an initial term of three years. ``(D) The President shall appoint, by and with the advice and consent of the Senate, members to fill vacancies occurring prior to the expiration of a term, in which case the members so appointed shall serve for the remainder of such term. ``(E) Any member whose term has expired may serve until his or her successor has been appointed and qualified.''. (c) Terms of Ex Officio Members.--Paragraph (4) of such section 3(b) is amended-- (1) by striking out ``The ex officio member'' and inserting in lieu thereof ``Each ex officio member''; and (2) by inserting before the period at the end the following: ``, or as chief operative executive of a similar organization designated under section 15, as the case may be''. SEC. 5. CONFORMING AMENDMENTS. Section 2 of such Act (22 U.S.C. 2871) is amended-- (1) in paragraph (4), by striking out ``as an independent broadcast media'' and inserting in lieu thereof ``and the establishment of an organization similar to RFE/RL, Incorporated, for conducting radio broadcasting to the totalitarian nations of Asia, as independent broadcast media''; and (2) by striking out paragraph (5) and inserting in lieu thereof the following: ``(5) that it is desirable to establish a Board for International Broadcasting in order-- ``(A) to provide an effective instrumentality for the continuation of assistance to RFE/RL, Incorporated, and for the furnishing of assistance to an organization similar to RFE/RL, Incorporated, that conducts radio broadcasting to the totalitarian nations of Asia; and ``(B) to encourage a constructive dialog with the peoples of the former Union of Soviet Socialist Republics, Eastern Europe, Afghanistan (until the government in Kabul is replaced by a government achieved through a free act of self-determination), the People's Republic of China, Burma, Cambodia, Laos, North Korea, Tibet, and Vietnam.''.
Radio Free Asia Act of 1993 - Amends the Board for International Broadcasting Act of 1973 to authorize the Board for International Broadcasting to designate one organization constituted on the model of Radio Free Europe/Radio Liberty (RFE/RL), Incorporated, to carry out radio broadcasting to China, Tibet, Burma (a.k.a. Myanmar), Cambodia, Laos, North Korea, and Vietnam. Designates such broadcasts as Radio Free China. Increases the number of Board members. Limits terms of Board members who are presidential appointees to three years. Sets forth additional provisions concerning membership terms.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Repayment Assistance Act of 2015''. SEC. 2. EXCLUSION FROM GROSS INCOME OF BENEFITS UNDER CERTAIN 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 a qualified 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 (c). ``(b) Qualified Employee.--For purposes of this subsection, the term `qualified employee' means any employee who contributes (in addition to any amount excluded from gross income under this section) not less than $50 per month for payment of principal and interest on the loans subject to the student loan payment assistance program. ``(c) Limitations.-- ``(1) Assistance limitation.--The amount taken into account under subsection (a) with respect to an individual for student loan assistance with respect to student loan payments during a taxable year shall not exceed $6,000. ``(2) 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 (10) 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) Contributions made directly to lender.--A plan meets the requirements of this paragraph if all benefits provided under the plan are paid directly to the holder of the indebtedness referred to in subsection (d)(1)(A)(i). ``(10) Matching contributions.--A plan which meets the requirements of paragraphs (2) through (9) shall not fail to be treated as a program described in this subsection merely because such plan provides for the employer to make matching contributions with respect to employee contributions. ``(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.--For purposes of this subsection, the term `eligible student' means, with respect to any academic period, a student who meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section. ``(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 (c) (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. ``(8) Treatment of salary reduction amounts.--Any matching contribution withheld from an employee under a student loan payment assistance program pursuant to a salary reduction agreement shall be treated for purposes of this title as an amount paid by the employee and not as an amount paid by the employer.''. (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. SEC. 3. DEDUCTION FOR STUDENT LOAN PAYMENTS WHICH ARE MATCHED BY AN EMPLOYER. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. DEDUCTION FOR STUDENT LOAN PAYMENTS WHICH ARE MATCHED BY AN EMPLOYER. ``(a) In General.--In the case of an individual who is a qualified employee (as defined in section 127A), there shall be allowed as a deduction an amount equal to the student loan payments made by such individual with respect to which an employer of such individual makes matching contributions under a student loan payment assistance program which are excludible from the gross income of such employee under section 127A. ``(b) Annual Limitation.--The amount allowable as a deduction under subsection (a) with respect to any individual for any taxable year shall not exceed $6,000. ``(c) Lifetime Limitation.--The amount allowable as a deduction under subsection (a) with respect to any individual for any taxable year shall not exceed the excess of-- ``(1) $50,000, over ``(2) the aggregate amount allowable as a deduction under subsection (a) with respect to such individual for all prior taxable years. ``(d) Denial of Double Benefit.--Any amount excluded from the gross income of an individual under section 127A shall not be treated as an amount paid by such individual for purposes of this section. The amount of principal and interest with respect to which a deduction is allowed under this section shall not be taken into account in determining the amount of any other deduction or credit allowed under this chapter.''. (b) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting after the item relating to section 223 the following new item: ``Sec. 224. Deduction for student loan payments which are matched by an employer.''. (c) 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 Repayment Assistance Act of 2015 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. Requires participating employees to pay at least $50 per month on their student loans (in addition to the amount excluded from their gross income under such program). Limits the amount of such exclusion to $6,000 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 that are paid or incurred within a reasonable time before or after such indebtedness was incurred and that are attributable to education furnished during a period in which such employee was a student eligible for federal financial assistance. Allows an employee to take an income tax deduction in an amount equal to the employee's student loan payments that are matched by excludible employer contributions under a student loan payment assistance program. Limits the amount of such deduction to $6,000 in a taxable year and $50,000 over a lifetime.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Official Protection and Officer John C. Knight Memorial Act of 1999''. SEC. 2. FINDINGS. The Congress finds that-- (1) Chicago Police Officer John C. Knight, a man who emulated his father by dedicating his life to preserving public safety, left behind his wife and three children when he was killed in the line of duty on January 9, 1999 by a felon armed with handgun equipped with a laser sight device. (2) More than any other weapon, firearms pose the greatest threat to our Nation's law enforcement officers. Between 1988 and 1997, firearms claimed the lives of 92 percent of the 688 officers killed in the line of duty and another 30,705 were assaulted with guns. (3) The risk to our Nation's law enforcement officers increases when violent offenders possess lethality-enhancing devices, such as laser sights, that are easily accessible and highly unregulated. (4) Ammunition known as ``armor piercing'' or ``armor piercing incendiary'', which can puncture police body armor, light armored vehicles, ballistic or armored glass and armored limousines, also poses a threat to the lives and the mission of our Nation's law enforcement officers. (5) Armor piercing and armor piercing incendiary ammunition, designed for use in military rifles, is readily available for virtually unrestricted sale on the civilian market. The potential uses for such ammunition by violent offenders, terrorists or others against law enforcement personnel or critical components of the national infrastructure presents a serious threat to public safety and national security. (6) While handguns are the most commonly used weapons in the murders of both law enforcement officers and civilians, current law doesn't restrict the development of future generations of armor piercing ammunition for use in handguns. SEC. 3. TREATMENT OF CERTAIN MILITARY AMMUNITION AS ARMOR PIERCING AMMUNITION; USE OF PERFORMANCE STANDARD. Section 921(a)(17) of title 18, United States Code, is amended-- (1) in subparagraph (B)-- (A) by striking ``or'' at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting a semicolon; and (C) by adding at the end the following: ``(iii) a projectile which the Secretary has determined is substantially similar in design and manufacture to any ammunition which is or has been designated for use as armor piercing, armor piercing incendiary, or armor piercing tracing by any military or law enforcement authority of the United States; or ``(iv) a projectile which the Secretary finds is capable of penetrating the Executive Protection Exemplar.''; and (2) by adding at the end the following: ``(D)(i) Not later than 1 year after the date of the enactment of this subparagraph, the Secretary shall promulgate standards for the uniform testing of projectiles against the Executive Protection Exemplar. The standards shall take into account, among other factors, the effective range of firearms from which the projectile may be fired and the nature of the propellants available for use. ``(ii) In this paragraph, the term `Executive Protection Exemplar' means the minimum level of armor or other protective material, including ballistic glass but not including body armor, that the Secretary determines is essential to the effective protection of law enforcement personnel and their public safety mission.''. SEC. 4. COVERAGE OF LASER SIGHTS AND LASER-SIGHT EQUIPPED FIREARMS. (a) In General.--The first sentence of section 5845(a) of the Internal Revenue Code of 1986 (defining firearm) is amended-- (1) by striking ``and (8)'' and inserting ``(8)'', and (2) by inserting before the period ``; (9) any laser sight suitable for use as a sight for any firearm (as defined in section 921(a)(3) of title 18, United States Code); and (10) any firearm (as defined in such section 921(a)(3)) on which any laser sight is permanently mounted.'' (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 5. REGULATION OF THE MANUFACTURE, IMPORTATION, AND SALE OF PROJECTILES THAT MAY BE USED IN A HANDGUN AND ARE CAPABLE OF PENETRATING POLICE BODY ARMOR. (a) Expansion of Definition of Armor Piercing Ammunition.--Section 921(a)(17)(B) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (iii); (2) by striking the period at the end of clause (iv) and inserting ``; or''; and (3) by adding at the end the following: ``(v) a projectile that may be used in a handgun and that the Secretary determines, pursuant to section 926(d), to be capable of penetrating body armor.''. (b) Determination of the Capability of Projectiles To Penetrate Body Armor.--Section 926 of such title is amended by adding at the end the following: ``(d)(1) Not later than 1 year after the date of the enactment of this subsection, the Secretary shall promulgate standards for the uniform testing of projectiles against the Body Armor Exemplar, based on standards developed in cooperation with the Attorney General of the United States. Such standards shall take into account, among other factors, variations in performance that are related to the length of the barrel of the handgun from which the projectile is fired and the amount and kind of powder used to propel the projectile. ``(2) As used in paragraph (1), the term Body Armor Exemplar' means body armor that the Secretary, in cooperation with the Attorney General of the United States, determines meets minimum standards for protection of law enforcement officers.''.
Directs the Secretary to promulgate standards for the uniform testing of projectiles against the Executive Protection Exemplar which shall take into account the effective range of firearms from which the projectile may be fired and the nature of the propellants available for use. (Sec. 4) Amends the Internal Revenue Code to define "firearm," for purposes of provisions regarding excise taxes, to include: (1) any laser sight suitable for use as a sight for any firearm; and (2) any firearm on which a laser sight is permanently mounted. (Sec. 5) Amends the Brady Act to include within the definition of "armor piercing ammunition" a projectile that may be used in a handgun that the Secretary determines to be capable of penetrating body armor. Directs the Secretary to promulgate standards for the uniform testing of projectiles against the Body Armor Exemplar (defined as body armor that the Secretary determines meets minimum standards for protection of law enforcement officers), based on standards developed in cooperation with the Attorney General, taking into account variations in performance that are related to the length of the barrel of the handgun from which the projectile is fired and the amount and kind of powder used to propel the projectile.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``African-American Farmers Benefits Relief Act of 2005''. SEC. 2. EXTENSION OF DEADLINE FOR FILING CLAIM IN PIGFORD V. VENEMAN. (a) Findings.--Congress finds the following: (1) In 1998, a lawsuit was filed against the Department of Agriculture (referred to in this subsection as the ``USDA''), the second largest agency of the Federal Government, alleging that the USDA had violated the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) and the Administrative Procedure Act (5 U.S.C. 551 et seq.) by maintaining a pattern and practice of discrimination against African-American farmers. Such pattern and practice delayed, denied, or otherwise frustrated the efforts of African-American farmers to obtain loan assistance and to engage in the vocation of farming. (2) In January 1999, the United States District Court of the District of Columbia approved the largest civil rights settlement in the history of the United States. Following the settlement, the African-American farmers and the USDA entered into a five-year consent decree. (3) In April 1999, the court approved the settlement and assigned four entities to facilitate implementation of the consent decree. (4) According to a USDA Inspector General report, many discrimination complaints were never processed, investigated, or otherwise resolved, and the discrimination complaint process at the Farm Services Agency lacked ``integrity, direction, and accountability''. (5) Delays in processing the discrimination claims of many African-American farmers resulted in numerous farmers losing their right to file claims. (6) As of July 14, 2000, the statute of limitations provided under the Equal Credit Opportunity Act has run on many of the claims. (7) On November 18, 2004, the Subcommittee on the Constitution of the Committee on the Judiciary of the House of Representatives received sworn testimony that alleged serious violations of the right to notice as it applied to the consent decree and to all those who had viable claims of discrimination against the USDA. (8) Such testimony further alleged that although the consent decree notice campaign was deemed to be effective by the court, that campaign proved deficient because approximately 66,000 potential class members submitted their claims in an untimely fashion. (9) Approximately 73,800 petitions were filed before the September 15, 2000, late filing deadline, of which only 2,131 were approved. (10) Of the approximately 21,000 timely requests for reconsideration, 10,745 of those requests have been decided, but only 140 have been approved. (b) De Novo Review of Certain Claims Filed in Pigford V. Veneman.-- A person who submitted a petition for redress in the settlement of the relevant case before the date of the enactment of this Act may obtain de novo consideration of the petition before an adjudicator assigned by the facilitator of the consent decree of such case if-- (1) the petition was denied on the grounds of untimely filing; (2) not later than one year after the date of the enactment of this Act, such person submits a subsequent petition for redress in such settlement; and (3) such person submits an affidavit to the adjudicator asserting that such person did not receive effective notice of the filing deadline in such consent decree. (c) Notice to USDA.--Not later than 30 days after a person submits a petition pursuant to subsection (b)(2), the facilitator of the consent decree of the relevant case shall provide notice to the Secretary of Agriculture of such petition. (d) Loan Data.-- (1) Report to person submitting petition.--Not later than 60 days after the Secretary of Agriculture receives notice pursuant to subsection (c) of a petition filed pursuant to subsection (b)(2), the Secretary shall provide to the person that filed such petition a report on farm credit loans made within the claimant's State by the Department during the period beginning on January 1, 1992, and ending on the date of the enactment of this Act. Such report shall contain information on all persons whose application for a loan was accepted, including-- (A) the race of the applicant; (B) the date of application; (C) the date of the loan decision; (D) the location of the office making the loan decision; and (E) all data relevant to the process of deciding on the loan. (2) No personally identifiable information.--The reports provided pursuant to paragraph (1) shall not contain any information that would identify any person that applied for a loan from the Department of Agriculture. (e) Limitation on Foreclosures.--Notwithstanding any other provision of law, the Secretary of Agriculture may not foreclose a loan if the borrower makes a prima facie case to an adjudicator assigned by the facilitator of the consent decree of the relevant case that the foreclosure is proximately related to discrimination by the Department of Agriculture. (f) Notice.-- (1) Known class members.--Not later than 45 days after the date of the enactment of this Act, the Secretary of Agriculture shall provide to all known members of the class in the relevant case notice of the de novo review available under subsection (b). (2) Advertisements.--The Secretary of Agriculture shall announce the de novo review available under subsection (b) by arranging to-- (A) broadcast 40 commercials on the cable, Internet, network, and radio broadcast outlets throughout the United States with the largest African- American audiences during a 30-day period; (B) broadcast 40 commercials on the cable, Internet, network, and radio broadcast outlets in the relevant region with the largest African-American audiences during a 30-day period; (C) broadcast 50 commercials on the cable, Internet, network, and radio broadcast outlets with the largest national audiences during a 30-day period; (D) have one-quarter page advertisements placed in 27 general circulation newspapers and 115 African- American newspapers in the relevant region during a 14- day period; (E) have a full page advertisement placed in the editions of the magazine TV Guide that are distributed in the relevant region; and (F) have half-page advertisements placed in the national editions of magazines with the highest percentages of African-American readership. (g) Monitor.-- (1) Selection.--Not later than 45 days after the date of the enactment of this Act, the parties to the relevant case shall select an independent Monitor who shall report directly to the Secretary of Agriculture. If the parties are unable to agree on a Monitor after good faith negotiations, the plaintiffs and the defendants shall each submit two persons to the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit who shall appoint a Monitor from among such persons. (2) Duties.--The Monitor-- (A) not later than 180 days after the date of the enactment of this Act, and at least semiannually thereafter, shall submit to the Secretary of Agriculture and make publicly available on the Internet a report detailing the implementation of this Act and whether such implementation is being done in good faith; (B) if the Monitor determines that a clear and manifest error has occurred in the screening, adjudication, or arbitration of a claim and such error has resulted or is likely to result in a fundamental miscarriage of justice, may direct the adjudicator or facilitator to review the claim; (C) shall be available to class members and the public through a toll-free telephone number in order to facilitate the lodging of any complaints relating to this Act or the consent decree of the relevant case and to expedite the resolution of such complaints; and (D) if the Monitor is unable to resolve a problem brought to the attention of the Monitor pursuant to subparagraph (C), may file a report with the counsels of the parties who may then seek enforcement of this Act and such consent decree pursuant to paragraph 13 of such consent decree. (3) Term.--The Monitor shall remain in existence for a period of 5 years and shall not be removed except for good cause. (4) Expenses.--The Secretary of Agriculture shall pay the fees and expenses of the Monitor. (h) Definitions.--In this section: (1) Largest african-american audiences.--The term ``largest African-American audiences'' means those audiences determined to have the largest number of African-American listeners, viewers, or users as determined by the Arbitron or Nielsen rating systems. (2) Largest national audiences.--The term ``largest national audiences'' means those audiences determined to have the largest number of listeners, viewers, or users as determined by the Arbitron or Nielsen rating systems. (3) Relevant case.--The term ``relevant case'' means the consolidated class action lawsuits entitled Pigford v. Veneman and Brewington v. Veneman (United States District Court for the District of Columbia, Civil Action Numbers 97-1978 and 98- 1693). (4) Relevant region.--The term ``relevant region'' means the States of Alabama, Arkansas, California, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia and the District of Columbia.
African-American Farmers Benefits Relief Act of 2005 - Provides de novo review for qualifying claims filed under the consolidated class action action lawsuits of Pigford v. Veneman and Brewington v. Veneman.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Deborah Sampson Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PEER-TO-PEER ASSISTANCE Sec. 101. Pilot program on peer-to-peer assistance for women veterans separating or newly separated from service in the Armed Forces. Sec. 102. Expansion of capabilities of Women Veterans Call Center to include text messaging. Sec. 103. Provision of reintegration and readjustment services to veterans and family members in group retreat settings. TITLE II--LEGAL AND SUPPORTIVE SERVICES Sec. 201. Department of Veterans Affairs public-private partnership on legal services for women veterans. Sec. 202. Additional amount for Supportive Services for Veteran Families grant program to support organizations that have a focus on providing assistance to women veterans and their families. TITLE III--NEWBORN CARE Sec. 301. Extension of period of eligibility for care for newborn children from the Department of Veterans Affairs. Sec. 302. Source of amounts for medically necessary travel paid by the Department of Veterans Affairs in connection with care for newborn children. TITLE IV--ELIMINATING BARRIERS TO ACCESS Sec. 401. Women Veterans Retrofit Initiative. Sec. 402. Staffing of women's health primary care providers at medical facilities of the Department of Veterans Affairs. Sec. 403. Staffing of Women Veteran Program Manager program at medical centers of the Department of Veterans Affairs. Sec. 404. Additional funding for primary care and emergency care clinicians in Women Veterans Health Care Mini-Residency Program. TITLE V--DATA COLLECTION AND REPORTING Sec. 501. Requirement for collection and analysis of data on Department of Veterans Affairs benefits and services and disaggregation of such data by sex and minority status. Sec. 502. Report on availability of prosthetics for women veterans from the Department of Veterans Affairs. Sec. 503. Requirement for Department of Veterans Affairs Internet website to provide information on services available to women veterans. Sec. 504. Sense of Congress on changing motto of Department of Veterans Affairs to be more inclusive. TITLE I--PEER-TO-PEER ASSISTANCE SEC. 101. PILOT PROGRAM ON PEER-TO-PEER ASSISTANCE FOR WOMEN VETERANS SEPARATING OR NEWLY SEPARATED FROM SERVICE IN THE ARMED FORCES. (a) Pilot Program Required.--Commencing not later than January 1, 2018, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of facilitating peer-to-peer assistance for women veterans who are separating or newly separated from service in the Armed Forces. (b) Peer-to-Peer Assistance.--Peer-to-peer assistance under the pilot program shall consist of the following: (1) Provision of information about services and benefits provided under laws administered by the Secretary of Veterans Affairs. (2) Employment mentoring. (c) Duration.--The Secretary shall carry out the pilot program during the three-year period beginning on the date of the commencement of the pilot program. (d) Emphasis.--In carrying out the pilot program, the Secretary shall emphasize facilitating peer-to-peer assistance for women described in subsection (a) who suffered sexual trauma while serving in the Armed Forces, have post-traumatic stress disorder or suffer from another mental health condition, or are otherwise at risk of becoming homeless. (e) Outreach.--As part of the pilot program, the Secretary conduct a program of outreach to inform women veterans about the pilot program and the assistance available under the pilot program. (f) Coordination.-- (1) With government and community organizations.--Under the pilot program, the Secretary shall facilitate engagement and coordination with such community organizations, State and local governments, institutions of higher education, chambers of commerce, local business organizations, organizations that provide legal assistance, and other organizations as the Secretary considers appropriate to facilitate the transition of women described in subsection (a) into their communities. (2) With transition assistance program.--To the degree practicable, the Secretary shall coordinate facilitation of assistance under the pilot program with the program carried out under section 1144 of title 10, United States Code. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary such funds as may be necessary to carry out the pilot program. (2) Limitation.--Of the amounts appropriated under paragraph (1), the Secretary may not expend more than $100,000 on training and developing training materials for peer counselors. SEC. 102. EXPANSION OF CAPABILITIES OF WOMEN VETERANS CALL CENTER TO INCLUDE TEXT MESSAGING. The Secretary of Veterans Affairs shall expand the capabilities of the Women Veterans Call Center of the Department of Veterans Affairs to include a text messaging capability. SEC. 103. PROVISION OF REINTEGRATION AND READJUSTMENT SERVICES TO VETERANS AND FAMILY MEMBERS IN GROUP RETREAT SETTINGS. (a) In General.--Section 1712A of title 38, United States Code, is amended-- (1) in subsection (a)(1)(B)-- (A) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb); (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II); and (C) in the matter preceding subclause (I), as redesignated by subparagraph (B), by striking ``Counseling'' and inserting ``(i) Counseling''; and (D) by adding at the end the following new clause: ``(ii)(I) Except as provided in subclause (IV), counseling furnished to an individual under subparagraph (A) may include reintegration and readjustment services described in subclause (II) furnished in group retreat settings. ``(II) Reintegration and readjustment services described in this subclause are the following: ``(aa) Information on reintegration of the individual into family, employment, and community. ``(bb) Financial counseling. ``(cc) Occupational counseling. ``(dd) Information and counseling on stress reduction. ``(ee) Information and counseling on conflict resolution. ``(ff) Such other information and counseling as the Secretary considers appropriate to assist the individual in reintegration into family, employment, and community. ``(III) In furnishing reintegration and readjustment services under subclause (I), the Secretary shall offer women the opportunity to receive such services in group retreat settings in which the only participants are women. ``(IV) An individual referred to in subparagraph (C)(v) may receive reintegration and readjustment services under subclause (I) only if the individual receives such services with a family member described in subclause (I) or (II) of such subparagraph.''. (b) Request for Services.--Subsection (a)(2) of such section is amended-- (1) by striking ``Upon'' and inserting ``(A) Upon''; (2) by striking ``paragraph (1)(B)'' and inserting ``paragraph (1)(B)(i)''; and (3) by adding at the end the following new subparagraph: ``(B) Upon the request of an individual described in paragraph (1)(C), the Secretary shall furnish the individual reintegration and readjustment services in group retreat settings under paragraph (1)(B)(ii).''. TITLE II--LEGAL AND SUPPORTIVE SERVICES SEC. 201. DEPARTMENT OF VETERANS AFFAIRS PUBLIC-PRIVATE PARTNERSHIP ON LEGAL SERVICES FOR WOMEN VETERANS. (a) Partnership Required.--The Secretary of Veterans Affairs shall establish a partnership with at least one nongovernmental organization to provide legal services to women veterans. (b) Focus.--The focus of the partnership established under subsection (a) shall be on the 10 highest unmet needs of women veterans as set forth in the most recently completed Community Homelessness Assessment, Local Education and Networking Groups for Veterans (CHALENG for Veterans) survey. SEC. 202. ADDITIONAL AMOUNT FOR SUPPORTIVE SERVICES FOR VETERAN FAMILIES GRANT PROGRAM TO SUPPORT ORGANIZATIONS THAT HAVE A FOCUS ON PROVIDING ASSISTANCE TO WOMEN VETERANS AND THEIR FAMILIES. Section 2044(e) of title 38, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (E), by striking ``2017'' and inserting ``2016''; and (B) by adding at the end the following new subparagraph: ``(F) $340,000,000 for each of fiscal years 2017 and 2018.''; and (2) by adding at the end the following new paragraph: ``(4) Not less than $20,000,000 shall be available under paragraph (1)(F) for the provision of financial assistance under subsection (a) to organizations that have a focus on providing assistance to women veterans and their families.''. TITLE III--NEWBORN CARE SEC. 301. EXTENSION OF PERIOD OF ELIGIBILITY FOR CARE FOR NEWBORN CHILDREN FROM THE DEPARTMENT OF VETERANS AFFAIRS. Section 1786(a) of title 38, United States Code, is amended, in the matter preceding paragraph (1), by striking ``seven days'' and inserting ``14 days''. SEC. 302. SOURCE OF AMOUNTS FOR MEDICALLY NECESSARY TRAVEL PAID BY THE DEPARTMENT OF VETERANS AFFAIRS IN CONNECTION WITH CARE FOR NEWBORN CHILDREN. Section 1786 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) Source of Amounts for Travel.--Amounts paid by the Department for medically necessary travel in connection with health care services furnished under this section shall be derived from the Medical Services appropriations account of the Department.''. TITLE IV--ELIMINATING BARRIERS TO ACCESS SEC. 401. WOMEN VETERANS RETROFIT INITIATIVE. (a) In General.--The Secretary of Veterans Affairs shall retrofit existing medical facilities of the Department of Veterans Affairs with fixtures, materials, and other outfitting measures to support the provision of care to women veterans at such facilities. (b) Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address deficiencies in environment of care for women veterans at medical facilities of the Department. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $20,000,000 to carry out subsection (a) in addition to amounts otherwise made available to the Secretary for the purposes set forth in such subsection. SEC. 402. STAFFING OF WOMEN'S HEALTH PRIMARY CARE PROVIDERS AT MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. The Secretary of Veterans Affairs shall ensure that each medical facility of the Department of Veterans Affairs has not fewer than one full-time or part-time women's health primary care provider whose duties include, to the extent possible, providing training to other health care providers of the Department on the needs of women veterans. SEC. 403. STAFFING OF WOMEN VETERAN PROGRAM MANAGER PROGRAM AT MEDICAL CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall ensure that the Women Veteran Program Manager program of the Department of Veterans Affairs is supported at each medical center of the Department with a Women Veteran Program Manager and a Women Veteran Program Ombudsman. (b) Training.--The Secretary shall ensure that the staff required under subsection (a) receive the proper training to carry out their duties. SEC. 404. ADDITIONAL FUNDING FOR PRIMARY CARE AND EMERGENCY CARE CLINICIANS IN WOMEN VETERANS HEALTH CARE MINI-RESIDENCY PROGRAM. (a) In General.--There is authorized to be appropriated to the Secretary of Veterans Affairs $1,000,000 for each fiscal year for the Women Veterans Health Care Mini-Residency Program of the Department of Veterans Affairs to provide opportunities for participation in such program for primary care and emergency care clinicians. (b) Treatment of Amounts.--The amounts authorized to be appropriated under subsection (a) shall be in addition to amounts otherwise made available to the Secretary for the purposes set forth in such subsection. TITLE V--DATA COLLECTION AND REPORTING SEC. 501. REQUIREMENT FOR COLLECTION AND ANALYSIS OF DATA ON DEPARTMENT OF VETERANS AFFAIRS BENEFITS AND SERVICES AND DISAGGREGATION OF SUCH DATA BY SEX AND MINORITY STATUS. The Secretary of Veterans Affairs shall-- (1) collect and analyze data on each program of the Department of Veterans Affairs that provides a service or benefit to a veteran, including the program carried out under section 1144 of title 10, United States Code; (2) disaggregate such data by sex and minority status, when the data lends itself to such disaggregation; and (3) publish the data collected and analyzed under paragraph (1), except for such cases in which the Secretary determines that some portions of the data would undermine the anonymity of a veteran. SEC. 502. REPORT ON AVAILABILITY OF PROSTHETICS FOR WOMEN VETERANS FROM THE DEPARTMENT OF VETERANS AFFAIRS. Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the availability from the Department of Veterans Affairs of prosthetics made for women veterans, including an assessment of the availability of such prosthetics at each medical facility of the Department. SEC. 503. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS INTERNET WEBSITE TO PROVIDE INFORMATION ON SERVICES AVAILABLE TO WOMEN VETERANS. (a) In General.--The Secretary of Veterans Affairs shall survey the Internet websites and information resources of the Department of Veterans Affairs in effect on the day before the date of the enactment of this Act and publish an Internet website that serves as a centralized source for the provision to women veterans of information about the benefits and services available to them under laws administered by the Secretary. (b) Elements.--The Internet website published under subsection (a) shall provide to women veterans information regarding all of the services available in the district in which that the veteran is seeking such services, including, with respect to each medical center and community-based outpatient clinic in the applicable Veterans Integrated Service Network-- (1) the name and contact information of each women's health coordinator; (2) a list of appropriate staff for other benefits available from the Veterans Benefits Administration, the National Cemetery Administration, and such other entities as the Secretary considers appropriate; and (3) such other information as the Secretary considers appropriate. (c) Updated Information.--The Secretary shall ensure that the information described in subsection (b) that is published on the Internet website required by subsection (a) is updated not less frequently than once every 90 days. (d) Outreach.--In carrying out this section, the Secretary shall ensure that the outreach conducted under section 1720F(i) of title 38, United States Code, includes information regarding the Internet website required by subsection (a). (e) Derivation of Funds.--Amounts used by the Secretary to carry out this section shall be derived from amounts made available to the Secretary to publish Internet websites of the Department. SEC. 504. SENSE OF CONGRESS ON CHANGING MOTTO OF DEPARTMENT OF VETERANS AFFAIRS TO BE MORE INCLUSIVE. In is the sense of Congress that the Secretary of Veterans Affairs should change the motto of the Department of Veterans Affairs to be more inclusive.
Deborah Sampson Act This bill directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program to assess the feasibility of peer-to-peer assistance for women veterans who are separating or newly separated from the Armed Forces), with emphasis placed on women who suffered service-related sexual trauma or who are at risk of becoming homeless. Additionally, the VA shall: expand the women veterans call center to include a text messaging capability; establish a partnership with at least one nongovernmental organization to provide legal services to women veterans based upon their 10 highest unmet needs; retrofit VA medical facilities with fixtures, materials, and other outfitting measures to support the care of women veterans; ensure that each VA medical facility has at least one full-time or part-time women's health primary care provider; expand to 14 days VA post-delivery care services for women veterans who are receiving maternity care in a VA or VA-contracted facility; ensure that the women veteran manager program is supported at each VA medical center with a program manager and an ombudsman; collect, analyze, and publish data on each VA service or benefit program and disaggregate such data by sex and minority status; and publish an Internet website that serves as a centralized information source for women veterans' benefits and services. The bill makes funds available for: (1) primary care and emergency care clinicians' participation in the women veterans health care mini-residency program, and (2) organizations that focus on providing assistance to women veterans and their families. The bill: (1) provides for reintegration and readjustment services to veterans and family members in group retreat settings, and (2) expresses the sense of Congress that the VA's motto should be more inclusive.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Dehydroepiandrosterone Abuse Reduction Act of 2007''. SEC. 2. DEHYDROEPIANDROSTERONE. (a) In General.--Part D of title II of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following: ``SEC. 424. CIVIL PENALTIES FOR CERTAIN DEHYDROEPIANDROSTERONE SALES. ``(a) In General.-- ``(1) Sale.-- ``(A) In general.--Except as provided in paragraph (2), it shall be unlawful for any person to knowingly sell, cause another to sell, or conspire to sell a product containing dehydroepiandrosterone to an individual under the age of 18 years, including any such sale using the Internet. ``(B) Failure to check identification.--If a person fails to request identification from an individual under the age of 18 years and sells a product containing dehydroepiandrosterone to that individual, that person shall be deemed to have known that the individual was under the age of 18 years. ``(C) Affirmative defense.--It shall be an affirmative defense to an alleged violation of subparagraph (A) that the person selling a product containing dehydroepiandrosterone examined the purchaser's identification card and, based on that examination, that person reasonably concluded that the identification was valid and indicated that the purchaser was not less than 18 years of age. ``(2) Exception.--This section shall not apply to any sale made pursuant to a validly issued prescription. ``(b) Fines.-- ``(1) In general.--The Attorney General may impose a civil penalty on a person for violating subsection (a)(1)(A), including a violation of that subsection committed by an employee or agent of such person. ``(2) Maximum amount.--A civil penalty imposed under paragraph (1) shall be-- ``(A) not more than $1,000 for the first violation of subsection (a)(1)(A) by a person; ``(B) not more than $2,000 for the second violation of subsection (a)(1)(A) by a person; and ``(C) not more than $5,000 for the third violation, or a subsequent violation, of subsection (a)(1)(A) by a person. ``(3) Number of violations.--If a person makes sales of dehydroepiandrosterone at more than 1 location, for purposes of determining the number of violations by that person under this subsection each individual location operated by that person shall be considered a separate person. ``(c) Definition of Identification Card.--In this section, the term `identification card' means an identification card that-- ``(1) includes a photograph and the date of birth of the individual; ``(2) is issued by a State or the Federal Government; and ``(3) is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code of Federal Regulations (as in effect on or after the date of the enactment of the Dehydroepiandrosterone Abuse Reduction Act of 2007).''. (b) Regulations.-- (1) Internet sales.--Not later than 180 days after the date of enactment of this Act, the Attorney General of the United States shall promulgate regulations for Internet sales of products containing dehydroepiandrosterone to ensure compliance with section 424 of the Controlled Substances Act, as added by this Act. (2) Civil penalties.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General of the United States shall promulgate regulations to carry out section 424 of the Controlled Substances Act, as added by this Act. (B) Contents.--The regulations promulgated under subparagraph (A) shall-- (i) provide for a range of fines for a retailer, based on whether the retailer or an employee or agent of that retailer has committed prior violations of section 424(a) of the Controlled Substances Act, as added by this Act; and (ii) require consideration of whether a fine to be imposed on a retailer should be reduced or eliminated based on-- (I) the establishment and administration of an effective employee training program by a retailer relating to this Act and the amendments made by this Act; or (II) other actions taken by a retailer to ensure compliance with this Act and the amendments made by this Act. (3) Definition of retailer.--In this subsection, the term ``retailer'' means a grocery store, general merchandise store, drug store, convenience store, or other entity or person whose activities as a distributor relating to products containing dehydroepiandrosterone are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales. (c) Technical and Conforming Amendment.--The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84 Stat. 1236) is amended by inserting after the item relating to section 423 the following: ``Sec. 424. Dehydroepiandrosterone sales.''. (d) Effect on State Law.--This section and the amendments made by this section shall supersede any provision of the law of any State relating to the sale of dehydroepiandrosterone.
Dehydroepiandrosterone Abuse Reduction Act of 2007 - Amends the Controlled Substances Act to impose civil penalties for knowingly selling, causing another to sell, or conspiring to sell a product containing dehydroepiandrosterone to an individual under the age of 18 years, including any such sale using the Internet.
{"src": "billsum_train", "title": "A bill to amend the Controlled Substances Act to prevent the abuse of dehydroepiandrosterone, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Spent Nuclear Fuel Control and Accounting Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) several incidents involving missing or unaccounted-for spent nuclear fuel have occurred at civilian nuclear power reactors, including-- (A) the Vermont Yankee Nuclear Power Plant; (B) the Humboldt Bay Nuclear Power Plant (California); and (C) the Millstone Nuclear Power Station (Connecticut); (2) weaknesses in the accounting and control of spent nuclear fuel have been identified at several other civilian nuclear power reactors; (3) data provided by the Nuclear Regulatory Commission indicate that-- (A) operators of most civilian nuclear power reactors have removed spent fuel rods from their fuel assemblies; and (B) those rods are stored onsite in spent fuel pools or dry casks or have been shipped offsite to a storage facility; (4) individual spent fuel rods and fragments may also result from the loading of a new assembly and therefore may be new fuel; (5) individual spent fuel rods, and especially fragments of spent fuel rods, are-- (A) highly radioactive; and (B) much smaller and lighter than fuel assemblies; (6) while regulations promulgated by the Nuclear Regulatory Commission require civilian nuclear power reactors to control and account for spent nuclear fuel, they do not cover-- (A) individual spent fuel rods that have been removed from an assembly; and (B) fragments of spent fuel rods; (7) the storage and oversight of individual spent fuel rods at civilian nuclear power reactors have not been managed in a consistent manner; (8) the lack of specific guidance in the regulations promulgated by the Nuclear Regulatory Commission relating to how civilian nuclear power reactors should conduct physical inventories has resulted in inconsistent compliance with those regulations; (9) the Nuclear Regulatory Commission does not evaluate the compliance of civilian nuclear power reactors with the material control and accounting regulations promulgated by the Commission; (10) the Nuclear Regulatory Commission has much to do to implement the recommendations listed in the report published by the Government Accountability Office titled ``NRC Needs to Do More to Ensure that Power Plants Are Effectively Controlling Spent Nuclear Fuel''; and (11) the effective implementation of material control and accounting regulations by civilian nuclear power reactors is of great importance to the United States because of the potential safety and security consequences for failing to manage spent nuclear fuel, especially in the aftermath of terrorist attacks in the United States. SEC. 3. MATERIAL CONTROL AND ACCOUNTING OF DISMANTLED FUEL ASSEMBLY. The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) is amended by adding after section 137 the following: ``SEC. 138. MATERIAL CONTROL AND ACCOUNTING OF INDIVIDUAL RODS AND FRAGMENTS FROM A DISMANTLED FUEL ASSEMBLY. ``(a) Promulgation of Regulations.--The Commission shall promulgate regulations to require each civilian nuclear power reactor to provide to the Commission a report that contains a detailed record of each individual spent fuel rod, and each fragment of a spent fuel rod, that results from the loading or dismantling of a fuel assembly. ``(b) Annual Inspection.--The Commission shall promulgate regulations to require an annual inspection by the Commission of each civilian nuclear power reactor to determine the compliance of the civilian nuclear power reactor with regulations relating to the material control and accounting of spent nuclear fuel promulgated by the Commission. ``SEC. 139. GUIDANCE FOR STORING INDIVIDUAL FUEL RODS AND FRAGMENTS. ``The Commission shall develop and make available to each civilian nuclear power reactor guidance that describes-- ``(1) best management practices relating to-- ``(A) the procedures that a civilian nuclear power reactor should use to store individual fuel rods and fragments on site; and ``(B) the selection of suitable locations for the storage of individual fuel rods and fragments; and ``(2) suitable inventory practices relating to-- ``(A) the manner in which a civilian nuclear power reactor should conduct an annual inventory of any spent nuclear fuel, including individual fuel rods and fragments; and ``(B) the manner in which a civilian nuclear power reactor should catalogue each item of spent nuclear fuel, including individual rods and fragments located at the civilian nuclear power reactor. ``SEC. 140. ELECTRONIC DATA MANAGEMENT AND WASTE TRACKING SYSTEM. ``(a) Development of System.--The Commission shall develop an electronic data management and waste tracking system-- ``(1) to store and access the records of each civilian nuclear power reactor; and ``(2) to track the location of spent nuclear fuel including individual rods and fragments. ``(b) Adoption of Electronic Data Management and Waste Tracking System by Civilian Nuclear Power Reactors.--The Commission shall promulgate regulations to require each civilian nuclear power reactor-- ``(1) in the case of a civilian nuclear power reactor that is licensed before the date of enactment of this section, to digitize the existing records of the civilian nuclear power reactor; and ``(2) in the case of a civilian nuclear power reactor that is licensed on or after the date of enactment of this Act, to implement and use the electronic data management and waste tracking system described in subsection (a). ``(c) Evaluation of Existing Electronic Data Management and Waste Tracking Systems.--The Commission may evaluate existing electronic data management and waste tracking systems to determine whether those systems could be modified for purposes of complying with subsection (a).''. SEC. 4. MANIFEST REQUIREMENT FOR SPENT NUCLEAR FUEL. The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) is amended by inserting after section 180 the following: ``SEC. 181. MANIFEST REQUIREMENT FOR SPENT NUCLEAR FUEL. ``(a) Development of Manifest.--The Commission shall develop a detailed manifest form for the onsite transportation of spent fuel that indicates whether the package containing the spent fuel contains individual rods or fragments. ``(b) Promulgation of Regulations.--The Commission shall promulgate regulations to require each civilian nuclear power reactor to provide to the Commission a completed detailed manifest form developed under subsection (a) to identify and track any spent fuel rod or rod fragment that is transported within the premises of the civilian nuclear power reactor. ``SEC. 182. IDENTIFICATION OF SPENT FUEL OR ROD FRAGMENTS TRANSPORTED OUTSIDE PREMISES OF CIVILIAN NUCLEAR POWER REACTORS. ``The Commission, in consultation with the Department of Transportation, shall identify any spent fuel rod or rod fragment that is transported outside the premises of the civilian nuclear power reactor through use of manifests used by the Department of Transportation.''. SEC. 5. CONFORMING AMENDMENTS. The table of contents of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 note; 96 Stat. 2201) is amended-- (1) by adding after the item relating to section 137 the following: ``Sec. 138. Material control and accounting of dismantled fuel assembly. ``Sec. 139. Guidance for storing spent nuclear fuel. ``Sec. 140. Electronic data management and waste tracking system.''. and; (2) by adding after the item relating to section 180 the following: ``Sec. 181. Manifest requirement for spent nuclear fuel. ``Sec. 182. Identification of spent fuel or rod fragments transported outside premises of civilian nuclear power reactors.''.
Spent Nuclear Fuel Control and Accounting Act of 2006 - Amends the Nuclear Waste Policy Act of 1982 to direct the Nuclear Regulatory Commission (NRC) to promulgate regulations requiring: (1) each civilian nuclear power reactor to report a detailed record of each individual spent fuel rod, and each fragment of a spent fuel rod, that results from the loading or dismantling of a fuel assembly; and (2) annual inspections to determine the compliance of the civilian nuclear power reactor with NRC regulations relating to the material control and accounting of spent nuclear fuel. Requires the NRC to develop and make available to each civilian nuclear power reactor guidance that describes: (1) best management practices for storing individual fuel rods and fragments; and (2) suitable annual inventory practices. Directs the NRC to develop an electronic data management and waste tracking system to: (1) store and access the records of each civilian nuclear power reactor; and (2) track the location of spent nuclear fuel, including individual rods and fragments. Instructs the NRC to: (1) develop a detailed manifest form for the onsite transportation of spent fuel that indicates whether the package containing the spent fuel contains individual rods or fragments; and (2) promulgate regulations requiring each civilian nuclear power reactor to provide the NRC a complete detailed manifest form to identify and track any spent fuel rod or rod fragment transported within the reactor's premises. Directs the NRC to identify any spent fuel rod or rod fragment transported outside the premises of the civilian nuclear power reactor through use of manifests used by the Department of Transportation.
{"src": "billsum_train", "title": "To amend the Nuclear Waste Policy Act of 1982 to improve the material control and accounting and data management systems used by civilian nuclear power reactors to better account for spent nuclear fuel and reduce the risks associated with the handling of those materials."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Antifreeze Bittering Act of 2006''. SEC. 2. ADDITION OF BITTERING AGENT IN ANTIFREEZE REQUIRED. The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended by adding after section 24 (15 U.S.C. 1278) the following new section: ``SEC. 25. ADDITION OF BITTERING AGENT IN ANTIFREEZE REQUIRED. ``(a) Bittering Agent.-- ``(1) Environmental evaluation required.-- ``(A) In general.--Not later than 30 days after the date of enactment of this section, the Consumer Product Safety Commission shall commence an evaluation, in cooperation with the Environmental Protection Agency and appropriate State health and environmental officials in those States that, as of the date of enactment of this section, have enacted laws requiring a bittering agent in engine coolant or antifreeze, to determine whether there is evidence that the use of the bittering agent denatonium benzoate in engine coolant or antifreeze has an unreasonable adverse effect on the environment. ``(B) Certain tests prohibited.--The evaluation required under subparagraph (A) may not include any new animal or human testing. ``(C) Required date of completion.--The Commission shall complete the evaluation within 180 days after the date of enactment of this section and publish its findings in the Federal Register. ``(2) Use of bittering agent.-- ``(A) General requirement.--Unless the Commission, in its evaluation under paragraph (1), finds there is evidence of an unreasonable adverse effect on the environment, any engine coolant or antifreeze that is manufactured on or after the date that is 180 days after the date of publication of the Commission's finding in the Federal Register pursuant to paragraph (1)(C), and that contains more than 10 percent ethylene glycol, shall include not less than 30 parts per million, and not more than 50 parts per million, denatonium benzoate as a bittering agent in order to render the coolant or antifreeze unpalatable. ``(B) Alternative agent.--If the inclusion of denatonium benzoate in engine coolant or antifreeze is required under subparagraph (A) and the Commission finds that-- ``(i) an alternative bittering agent is as effective as denatonium benzoate in rendering coolant or antifreeze unpalatable in terms of both its bittering capacity and its compatibility with motor vehicle engine coolant and antifreeze, and ``(ii) in cooperation with the Environmental Protection Agency, there is no evidence that the use of the alternative bittering agent has an unreasonable adverse effect on the environment, the Commission may initiate a rulemaking to permit the use of the alternative bittering agent in lieu of denatonium benzoate. ``(3) Unreasonable adverse effect on the environment defined.--As used in this subsection, the term `unreasonable adverse effect on the environment' means an unreasonable risk to human health or the environment, taking into account the economic, social, and environmental costs and benefits. ``(4) Failure to comply.--Any engine coolant or antifreeze that is required to contain a bittering agent under paragraph (2) that is not in compliance with that paragraph shall be considered to be a banned hazardous substance within the meaning of section 2(q) (15 U.S.C. 1261(q)), and shall be subject to the penalties provided for in section 5 (15 U.S.C. 1264). ``(b) Record Keeping.-- ``(1) Name and active ingredient.--A manufacturer of an engine coolant or antifreeze that is required to contain a bittering agent under subsection (a) shall maintain a record of the trade name, scientific name, and any active ingredients of a bittering agent used in compliance with such subsection. ``(2) Availability to the public.--Any record maintained under paragraph (1) shall be made available to the public on receipt by the manufacturer of a request from any person. ``(c) Limitation of Liability.-- ``(1) In general.--Subject to paragraph (2), a manufacturer, processor, distributor, recycler, or seller of an engine coolant or antifreeze that is required to contain a bittering agent under subsection (a) shall not be liable to a person for any personal injury, death, property damage, damage to the environment (including natural resources), or economic loss that results from the inclusion in the engine coolant or antifreeze of the bittering agent, provided that the bittering agent is present in concentrations mandated by subsection (a)(2)(A) or permitted pursuant to a rulemaking under subsection (a)(2)(B). ``(2) Exception.--Paragraph (1) shall not apply in any case in which a cause of liability referred to in that paragraph is unrelated to the inclusion in an engine coolant or antifreeze of the bittering agent as required by subsection (a). Nothing in this subsection shall be construed to exempt any manufacturer or distributor of denatonium benzoate, or an alternative bittering agent the use of which is required or permitted under subsection (a)(2), from any liability related to denatonium benzoate or the alternative bittering agent. ``(d) Preemption.--No State or political subdivision of a State shall establish or continue to enforce with respect to retail containers containing less than 55 gallons of engine coolant or antifreeze any prohibition, limitation, standard or other requirement relating to the inclusion of a bittering agent in engine coolant or antifreeze that is different from, or in addition to, the requirements of this section. ``(e) Exemption.--This section shall not be construed to apply to-- ``(1) the sale of a motor vehicle that contains engine coolant or antifreeze; or ``(2) a wholesale container of engine coolant or antifreeze that contains 55 gallons or more of engine coolant or antifreeze.''.
Antifreeze Bittering Act of 2006 - Amends the Federal Hazardous Substances Act to require the Consumer Product Safety Commission (CPSC) to: (1) commence, in cooperation with the Environmental Protection Agency (EPA) and state officials, an evaluation to determine whether there is evidence that the use of the bittering agent denatonium benzoate in engine coolant or antifreeze has an unreasonable adverse effect on the environment; (2) complete such evaluation within 180 days; and (3) publish its findings in the Federal Register. Requires engine coolant or antifreeze that is manufactured 180 days or more after publication of the Commission's findings and that contains more than 10% ethylene glycol to include a specified concentration of denatonium benzoate to render the coolant or antifreeze unpalatable unless the Commission finds evidence that denatonium benzoate has an unreasonable adverse effect on the environment. Allows the Commission to permit use of an alternative bittering agent in lieu of denatonium benzoate if the Commission finds: (1) that such alternative is as effective as denatonium benzoate; and (2) in cooperation with EPA, that there is no evidence of an unreasonable adverse environmental effect. Defines the term "unreasonable adverse effect on the environment" to mean an unreasonable risk to human health or the environment, taking into account the economic, social, and environmental costs and benefits. Deems any engine coolant or antifreeze that is not in compliance with this Act to be a banned hazardous substance. Requires a coolant or antifreeze manufacturer to maintain records of active ingredients of bittering agents. Limits the liability of manufacturers, processors, distributors, recyclers, or sellers of engine coolant or antifreeze related to the inclusion of denatonium benzoate in compliance with this Act. Declares that the Act does not exempt manufactures or distributors of denatonium benzoate or an alternative bittering agent from liability related to such additive. Preempts state or local laws that impose different requirements relating to the inclusion of a bittering agent in engine coolant or antifreeze with respect to retail containers containing less than 55 gallons. Declares this Act inapplicable to: (1) the sale of a motor vehicle that contains engine coolant or antifreeze; or (2) wholesale containers of 55 gallons or more of engine coolant or antifreeze.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Sky Wilderness Act of 2002''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) Americans cherish the continued existence of diverse wilderness ecosystems and wildlife found on their Federal lands and share a strong sense of moral responsibility to protect their wilderness heritage as an enduring resource to cherish, protect, and bequeath undisturbed to future generations of Americans. (2) The values an area of wilderness offer to this and future generations of Americans are greatly enhanced to the degree that the area is diverse in topography, elevation, life zones and ecosystems, and to the extent that it offers a wide range of outdoor recreational and educational opportunities accessible in all seasons of the year. (3) Large blocks of wildlands embracing a wide range of ecosystems and topography, including low-elevation forests, have seldom remained undisturbed due to many decades of development. (4) Certain wildlands on the western slope of the Cascade Range in the Skykomish River valley of the State of Washington offer an outstanding representation of the original character of the forested landscape, ranging from high alpine meadows and extremely rugged peaks to low-elevation mature and old-growth forests, including groves with some of the largest and most spectacular trees in Washington, with diameters of eight feet and larger. (5) These diverse, thickly forested mountain slopes and valleys of mature and old-growth trees in the Skykomish River valley harbor nearly the full complement of the original wildlife and fish species found by settlers of the 19th century, including mountain goats, bald eagles, black bear, pine marten, black-tailed deer, as well as rare and endangered wildlife such as northern spotted owls and goshawks, Chinook and Coho salmon, and steelhead and bull trout. (6) An ecologically and topographical diverse wilderness area in the Skykomish River valley accessible in all seasons of the year will be enjoyable to users of various kinds, such as hikers, horse riders, hunters, anglers, and educational groups, but also to the many who cherish clean water and clean air, fish and wildlife (including endangered species such as wild salmon), and pristine mountain and riverside scenery. (b) Statement of Policy.--Congess hereby declares that it is the policy of the United States: (1) to better serve the diverse wilderness and environmental education needs of the people of the State of Washington and its burgeoning metropolitan regions by granting wilderness protection to certain lower elevation wildlands in the Skykomish River valley of the State of Washington; and (2) to protect additional lands adjacent to the Henry M. Jackson Wilderness designated by the Washington Wilderness Act of 1984 (Public Law 98-339), in further tribute to the ecologically enlightened vision of the distinguished Senator from the State of Washington and former Chairman of the Senate Committee on Energy and Natural Resources (formerly the Senate Interior and Insular Affairs Committee). SEC. 3. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Additions.--The following Federal lands in the State of Washington are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: (1) Certain lands which comprise approximately 106,000 acres, as generally depicted on a map entitled ``Wild Sky Wilderness Proposal'', dated August 2002, which shall be known as the Wild Sky Wilderness. (b) Maps and Legal Descriptions.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the wilderness area designated under this Act with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) In General.--Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary of Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to any wilderness areas designated by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (b) New Trails.-- (1) The Secretary of Agriculture shall consult with interested parties and shall establish a hiking trail plan designed to develop a system of hiking trails within or adjacent to or to provide access to the wilderness designated by this Act in a manner consistent with the Wilderness Act, Public Law 88-577 (16 U.S.C. 1131 et seq.). (2) Within two years after the date of enactment of this Act, the Secretary of Agriculture shall complete a report on the implementation of the hiking trail plan required under this Act. This report shall include the identification of priority hiking trails for development. (c) Repeater Site.--Within the Wild Sky Wilderness designated under this Act, the Secretary of Agriculture may use helicopter access to construct and maintain a joint Forest Service and Snohomish County repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communication for safety, health, and emergency services. (d) Float Plane Access.--As provided by section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake Isabel, where such use has already become established, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines desirable. SEC. 5. AUTHORIZATION FOR LAND ACQUISITION. (a) In General.--The Secretary of Agriculture may acquire lands and interests therein, by purchase, donation, or exchange, and shall give priority consideration to those lands identified as ``Priority Acquisition Lands'' on the map described in section 3(a)(1). The boundaries of the Snoqualmie National Forest and the Wild Sky Wilderness shall be adjusted to encompass any lands acquired pursuant to this section. (b) Access.--Consistent with section 5(a) of the Wilderness Act (Public Law 88-577; 16 U.S.C. 1134(a)), the Secretary of Agriculture shall assure adequate access to private inholdings within the Wild Sky Wilderness. (c) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area as a result of this Act. SEC. 6. LAND EXCHANGES. The Secretary of Agriculture shall exchange lands and interests in lands, as generally depicted on a map entitled Chelan County Public Utility District Exchange and dated May 22, 2002, with the Chelan County Public Utility District in accordance with the following provisions: (1) If the Chelan County Public Utility District, within ninety days after the date of enactment of this Act, offers to the Secretary of Agriculture approximately 371.8 acres within the Snoqualmie National Forest in the State of Washington, the Secretary shall accept such lands. (2) Upon acceptance of title by the Secretary of Agriculture to such lands and interests therein, the Secretary of Agriculture shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of date of enactment, to maintain an existing snowtel site on 1.82 acres on the Wenatchee National Forest in the State of Washington. (3) The exchange directed by this Act shall be consummated if Chelan County Public Utility District conveys title acceptable to the Secretary and provided there is no hazardous material on the site, which is objectionable to the Secretary. (4) In the event Chelan County Public Utility District determines there is no longer a need to maintain a snowtel site to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin, the Secretary shall be notified in writing and the easement shall be extinguished and all rights conveyed by this exchange shall revert to the United States.
Wild Sky Wilderness Act of 2002 - Designates certain lands in the Skykomish River valley, Washington, as the Wild Sky Wilderness, to be managed by the Secretary of Agriculture.Directs the Secretary to establish a hiking trail plan. Authorizes the use of helicopter access to construct and maintain a joint Forest Service and Snohomish County repeater site, in compliance with a Forest Service approved communications site plan, to improve communication for safety, health, and emergency services. Authorizes the use of floatplanes on Lake Isabel where such use has already become established.Authorizes the Secretary to acquire specified priority acquisition lands by purchase, donation, or exchange. Directs that the boundaries of the Snoqualmie National Forest and the Wild Sky Wilderness be adjusted to encompass any lands so acquired. Directs the Secretary to assure adequate access to private in-holdings within the Wild Sky Wilderness. States that valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area.Requires the Secretary to exchange specified lands with the Chelan County Public Utility District if the District offers to the Secretary lands within the Snoqualmie National Forest, Washington, in exchange for a permanent easement, including helicopter access, consistent with such levels as used as of the date of this Act's enactment, to maintain an existing snowtel site on land within the Wenatchee National Forest, Washington.Sets forth conditions for consummation of the exchange and for reversion to the United States if the District no longer needs to maintain a snowtel site.
{"src": "billsum_train", "title": "To enhance ecosystem protection and the range of outdoor opportunities protected by statute in the Skykomish River valley of the State of Washington by designating certain lower-elevation Federal lands as wilderness, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Nevada Sustainable Development in Mining Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) In the past decade, the concept of ``sustainable development'' has become standard United States and international policy. (2) Sustainable development is environmentally sound and is undertaken in a way that meets the needs of the present without compromising the ability of future generations to meet their needs. (3) Federal land managers have worked with the mining industry and other industries over the past decade to develop sustainability principles for resource development on Federal lands, but there is a need to demonstrate and implement these principles. (4) For the mining industry, a prime goal of sustainable development is to plan and implement economically viable and productive post-mining land uses that will allow lands impacted by mining to continue providing jobs and other economic benefits beyond the completion of mining activity. Privatization of the surface at mine sites is a crucial component in achieving and maintaining sustainable development opportunities for a mining operation's host community. (5) With more than 80 percent of Nevada's lands in Federal ownership, the State's rural communities in particular depend on continued productive uses of Federal lands for jobs, tax revenues, and economic development. (6) Mining on Nevada's public lands is the most important source of high-paying jobs and other economic benefits to rural Nevada communities. Mining on Nevada public lands also provides substantial tax revenues to the Treasury and to State and local governments. (7) The Rochester Mine, located in Pershing County, Nevada, provides an excellent opportunity to demonstrate sustainable development principles in the mining industry. (8) The Rochester Mine, operated by Coeur Rochester, Inc., opened in 1986 and employs 250 people, most of whom live in or near Lovelock, Nevada. The mine operates on patented lands and approximately 7,000 acres of public lands subject to mining claims and impacted by the mining operation. (9) For its 20 years of operation, the Rochester Mine has been the major source of employment for Pershing County residents. (10) The Rochester Mine is near the end of its productivity, and closure and reclamation of the mine are expected to begin within 5 years, subject to closure and reclamation plans to be approved by the Secretary of the Interior and the State of Nevada. Given ore grades and exploration results in the area, Coeur Rochester, Inc. does not contemplate any future mining at the site. (11) Without a post-mining land use for the Rochester Mine or entry of a new industry, Pershing County faces significant and destabilizing unemployment and loss of tax revenues when the Rochester Mine closes. (12) Coeur Rochester, Inc. has developed an innovative plan for post-mining land uses of the Rochester Mine site, including reuse of the mine's overburden and waste rock as aggregate in California and other markets, and potential use of the mine site as a State-permitted landfill for municipal or industrial wastes or construction debris. (13) The public lands subject to mining claims at the Rochester Mine are difficult and uneconomical for the Bureau of Land Management to manage because of the checkerboard pattern of Federal land ownership in the vicinity of the Rochester Mine. (14) Disposal of such lands will also serve other important public objectives, including the demonstration of viable and productive post-mining land uses and of other sustainable development concepts in the mining industry. The project would also facilitate the creation of a new long-term employment source and would result in other important economic development benefits and the maintenance of a tax base for Pershing County. (15) The Bureau of Land Management has determined that the public lands addressed in this Act are suitable for consolidation of ownership or disposal into private ownership. (16) Lands to be conveyed under this Act would remain subject to applicable Federal and State environmental, land use, and safety laws. (17) Any lands disposed of by the Secretary pursuant to this Act would be sold at $500 per acre. (b) Purposes.--The purposes of this Act are-- (1) to implement a sustainable development project in Pershing County, Nevada; (2) to encourage and promote the concept of sustainable development practices in resource-dependent communities that have a limited privately held land base; and (3) to provide funds for the general fund of the Treasury, for the State of Nevada abandoned mine lands program, and for education and other purposes in the State of Nevada. SEC. 3. DEFINITIONS. In this Act: (1) Claimant.--The term ``Claimant'' means Coeur Rochester, Inc. (2) County.--The term ``County'' means Pershing County, Nevada. (3) Mining law.--The term ``the general mining laws'' includes, in general, the provisions of law codified in chapters 2, 12A, and 16 of title 30, United States Code, and in sections 161 and 162 of such title. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LAND CONVEYANCE. (a) Conveyance of Land.--Notwithstanding any other provision of law, and not later than 90 days after the date of the enactment of this Act, the Secretary shall convey to the Claimant, in return for a payment of $500 per acre, all right, title, and interest, subject to the terms and conditions of subsection (c), in the approximately 7,000 acres of Federal lands subject to Claimant's mining claims maintained under the general mining laws and depicted on the Rochester Sustainable Development Project map. (b) Exemption From Review, Etc.--Any conveyance of land under this Act is not subject to review, consultation, or approval under any other Federal law. (c) Terms and Conditions of Conveyance.-- (1) No impact on legal obligations.--Conveyance of the lands pursuant to subsection (a) shall not affect Claimant's legal obligations to comply with applicable Federal mine closure or mine land reclamation laws, or with any other applicable Federal or State requirement relating to closure of the Rochester Mine and use of the land comprising such mine, including any requirement to prepare any environmental impact statement under the National Environmental Policy Act of 1969. (2) No interference with reclamation and closure obligations.--The sustainable development project shall be carried out in a way that is consistent with reclamation and closure obligations under Federal laws. Federal reclamation and closure obligations shall not be used to remove infrastructure identified by Claimant as being usable by a post-mining land use. (3) Title to materials and minerals.--Notwithstanding any other provision of law, Claimant shall own and have title to all spent ore, waste rock and tailings, and other materials located on lands conveyed pursuant to subsection (a). (4) Valid existing rights.--All lands conveyed pursuant to subsection (a) shall be subject to valid existing rights existing as of the date of transfer of title, and Claimant shall succeed to the rights and obligations of the United States with respect to any mining claim, mill site claim, lease, right-of-way, permit, or other valid existing right to which the property is subject. (5) Environmental liability.--Notwithstanding any other Federal, State or local law, the United States-- (A) shall not be responsible for investigating or disclosing the condition of any property to be conveyed under this Act; and (B) shall not be responsible for environmental remediation, waste management, or environmental compliance activities arising from its ownership, occupancy, or management of land and interests therein conveyed under this Act with respect to conditions existing at or on the land at the time of the conveyance. SEC. 5. DISPOSITION OF PROCEEDS. The gross proceeds of conveyances of land under this Act shall be used as follows: (1) Such sums as are necessary shall be used to cover 100 percent of the administrative costs, not to exceed $20,000, incurred by the Nevada State Office and the Winnemucca Field Office of the Bureau of Land Management in conducting conveyances under this Act. (2) $500,000 shall be paid directly to the State of Nevada for use in the State's abandoned mined land program. (3) $20,000 per fiscal year for a 5-fiscal-year period shall be paid directly to Pershing County, Nevada. (4) Proceeds remaining after the payments pursuant to paragraphs (1) through (3) shall be deposited in the general fund of the Treasury.
Northern Nevada Sustainable Development in Mining Act - Directs the Secretary of the Interior to convey to Couer Rochester, Inc., in return for a payment of $500 per acre, specified federal lands in Pershing County, Nevada, subject to Coeur Rochester Inc.'s mining claims maintained under the general mining laws. Prohibits any conveyance of land under this Act from being subject to review, consultation, or approval under any other federal law. Provides for the disposition of the proceeds of conveyances of land under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Windstorm Hazard Reduction Plan Act of 1993''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) in 1992, the property and casualty insurance industry suffered more losses caused by natural disasters than in any other year; (2) a substantial portion of the losses were caused by windstorms, such as hurricanes and tornadoes; and (3) because of the windstorms in 1992 and recent years, in certain regions of the United States and the territories of the United States, including the Virgin Islands, property and casualty insurers are withdrawing underwriting capacity from the market by refusing to issue new policies or renew existing policies, or by increasing premiums to unaffordable levels. SEC. 3. DEVELOPMENT OF INSURANCE PLAN. (a) In General.--Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Director of the Federal Emergency Management Agency (in this Act referred to as the ``Director'') shall develop a detailed written plan under this Act for establishing and carrying out a national windstorm insurance program. (b) Contents.--The plan required under subsection (a) shall be designed-- (1) to supplement Federal disaster relief and emergency assistance provided pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other laws for damage and loss caused by winds from hurricanes, tornadoes, and other windstorms; (2) to make affordable insurance coverage available to protect against loss resulting from physical damage to, or loss of, residential structures arising from wind damage; (3) to provide such insurance coverage for residential structures through a program that provides-- (A) insurance coverage for damage caused by winds from hurricanes, tornadoes, and any other windstorms, but not for water damage arising from any such windstorms; (B) insurance coverage at premium rates affordable to homeowners in areas at risk of such wind damage; (C) appropriate building and structural requirements and other wind damage-mitigation measures; (D) appropriate measures to carry out mitigation efforts; and (E) schedules of the amount of coverage available for various residential structures; (4) to provide incentives for private property and casualty insurers to reenter markets from which they have previously withdrawn; and (5) to make insurance coverage available, if the Director determines that such coverage would be feasible, for other types or classes of properties including-- (A) public infrastructure facilities and properties owned by State and local governments, which may include airports, roads, bridges, dams, sewer systems, governmental buildings, and other facilities and structures; (B) other residential properties; (C) business properties; (D) agricultural properties; and (E) properties owned by private nonprofit organizations. (c) Considerations.--The national windstorm insurance program contained in the plan required under subsection (a) may-- (1) provide for participation of the private insurance industry in carrying out the program; (2) provide coinsurance by the Director and private insurers for covered losses and reinsurance for losses sustained by private insurers; (3) define-- (A) the areas in which such coverage is made available by establishing requirements for the eligibility or participation of communities or by other means; (B) the types of residential properties, business properties, agricultural properties, properties owned by private nonprofit organizations, and public infrastructure facilities and properties owned by State and local governments, for which such coverage is made available; and (C) the availability or coverage of such insurance in any other manner; (4) establish premium rates for coverage that are actuarially based on the risk of wind-caused damage or subsidized premium rates that are less than such actuarially based rates; (5) adjust the availability of Federal loan guarantees, loan insurance, or direct loans, or Federal construction or disaster relief assistance (under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other laws), based on the purchase of a policy for windstorm insurance; and (6) provide community-based and other incentives for participation in the program. (d) Consultation.--In developing the plan required under subsection (a), the Director shall consult with-- (1) the heads of any Federal agencies authorized to provide disaster relief; (2) the chief executive officers of the States and territories of the United States, that suffered significant losses caused by windstorms occurring after the beginning of 1989; and (3) representatives of private insurers that are withdrawing underwriting capacity from the markets in the States and territories referred to in paragraph (2). SEC. 4. REPORT. Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Director shall submit to the Committee on Public Works and Transportation and the Committee on Banking, Finance and Urban Affairs, of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Banking, Housing, and Urban Affairs, of the Senate, a report containing-- (1) the written plan required under section 3; (2) a statement of the amount of disaster assistance provided pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other Acts during each of fiscal years 1989, 1990, 1991, and 1992 for property damage caused by winds from hurricanes, tornadoes, and other windstorms to residential properties, business properties, agricultural properties, properties owned by private nonprofit organizations, and public infrastructure facilities and properties owned by State and local governments; (3) an estimate of the cost to the Federal Government of carrying out the national windstorm insurance program under the plan, by making coverage available only for residential structures; (4) a description of any circumstances or situations that, in the determination of the Director, would be a sufficient basis for making coverage available under the national windstorm insurance program for public infrastructure facilities and properties owned by State and local governments, other residential properties, business properties, agricultural properties, and properties owned by private nonprofit organizations. (5) an estimate of the cost to the Federal Government of carrying out the national windstorm insurance program under the plan, by making coverage available for residential structures and for public infrastructure and properties owned by State and local governments, other residential properties, business properties, agricultural properties, and properties owned by private nonprofit organizations. (6) an estimate of the effects that implementing the national windstorm insurance program would have on the amount of disaster assistance provided by the Federal Government; (7) an estimate of the effects that implementing the national windstorm insurance program would have on the private insurance industry and the availability of residential and other property insurance and insurance against windstorm damage; (8) a description of any amendments to the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other Acts relating to disaster assistance that would be necessary or appropriate in the event of the implementation of the national windstorm insurance program; and (9) any other information that the Director considers appropriate.
Windstorm Hazard Reduction Plan Act of 1993 - Directs the Director of the Federal Emergency Management Agency to: (1) develop a plan for establishing and carrying out a national windstorm insurance program; and (2) submit it along with other specified information to specified congressional committees.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Hurricane Research Initiative Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Oceans and Atmosphere of the Department of Commerce. SEC. 3. NATIONAL HURRICANE RESEARCH INITIATIVE. (a) Requirement To Establish.--The Under Secretary and the Director shall establish an initiative known as the National Hurricane Research Initiative for the purposes described in subsection (b). (b) Purposes.--The purposes of the National Hurricane Research Initiative shall be to set research objectives based upon the findings of the January 12, 2007, National Science Board report entitled ``Hurricane Warning: The Critical Need for National Hurricane Research Initiative''-- (1) to make recommendations to the National Science Board and the National Oceanic and Atmospheric Administration Science Advisory Board on such research; (2) to assemble the science and engineering expertise of State or local government agencies or departments and nongovernmental entities (including universities and colleges and other research and academic institutions), through a multi- entity effort focused on-- (A) improving hurricane and other severe tropical storm forecasting capabilities, including formation, track, and intensity change; (B) durable and resilient infrastructure; and (C) mitigating impacts on coastal populations, the coastal built environment, and the natural coastal environment, including but not limited to, coral reefs, wetlands, and other natural systems that mitigate hurricane wind and storm surge impacts; and (3) to make grants to eligible entities to carry out research in the following areas: (A) Predicting hurricane intensity change.-- Research to improve understanding of-- (i) rapid change in storm size, motion, structure, and intensity; (ii) storm internal dynamics; and (iii) the interactions of the storm and its environmental conditions, including the atmosphere, ocean, and land surface. (B) Understanding ocean-atmosphere interactions.-- Observations, theory and modeling, to improve understanding of air-sea interaction in high wind speeds. (C) Predicting storm surge, rainfall, inland flooding, and strong winds produced by hurricanes and tropical storms during and after landfall.--Research to understand, model, and predict rainfall, flooding, high winds, the potential occurrence of tornadoes, and storm surge, including probabilistic modeling and mapping of risk. (D) Improved observations of hurricanes and tropical storms.--Research to improve measurements of hurricanes and tropical storms through mobile radar platforms, Global Positioning Systems technology, unmanned vehicles, ground-based and wireless sensors, oceanic remote sensing technologies, and air-deployed ocean profilers and floats to improve our understanding of the complex nature of storms and their interaction with the ocean and land. (E) Assessing vulnerable infrastructure.--Research to develop a national engineering assessment of coastal infrastructure, including infrastructure related to levees, seawalls, drainage systems, bridges, water and sewage systems, power, and communications, to determine the level of vulnerability of such infrastructure to damage from hurricanes and to determine strategies to reduce such vulnerabilities. (F) Interaction of hurricanes with engineered structures.--Research to improve understanding of the impacts of hurricanes and tropical storms on buildings, structures, and housing combined with modeling essential for guiding the creation of improved building designs and construction codes in locations particularly vulnerable to hurricanes. (G) Relationship between hurricanes, climate, and natural ecosystems.--Research to improve the understanding of complex relationships between hurricanes and climate, including research to determine the most effective methods to use observational information and numerical model simulations to examine the impacts on ecosystems over long and short periods of time, including but not limited to impacts on coral reefs, wetlands, and other natural systems that mitigate hurricane wind and storm surge impacts. (H) Technologies for disaster response and recovery.--Research to improve emergency communication networks for government agencies and non-government entities and to improve communications between such networks during disaster response and recovery, including cyber-security during disaster situations and the ability to improve damage assessments during storms. (I) Evacuation planning.--Research to improve the manner in which hurricane-related information is provided to, and utilized by, the public and government officials, including research to assist officials of State or local government in determining the circumstances in which evacuations are required and in carrying out such evacuations. (J) Computational capability.--Research to improve understanding of the efficient utility of multiple models requiring sharing and inter-operability of databases, computing environments, networks, visualization tools, and analytic systems beyond what is currently available for transitioning hurricane research assets into operational practice and to provide access to robust computational facilities beyond the facilities normally accessible by the civilian research community for the hurricane research enterprise, including data acquisition and modeling capability during hurricane events. (c) Cooperation With Other Agencies.--The Under Secretary and the Director shall cooperate with the head of each appropriate Federal agency or department, research institute, university, and disaster- response or nongovernmental organization to utilize the expertise and capabilities of such entity to carry out the purposes of the National Hurricane Research Initiative, including cooperation with the heads of the following entities: (1) The National Aeronautics and Space Administration. (2) The National Institute of Standards and Technology. (3) The Department of Homeland Security, including the Federal Emergency Management Agency. (4) The Department of Energy. (5) The Defense Advanced Research Project Agency. (6) The Environmental Protection Agency. (7) The United States Geological Survey. (8) The Army Corps of Engineers. (d) Coordination.--The White House Office of Science and Technology Policy, through the National Science and Technology Council, shall coordinate the activities carried out by the United States related to the National Hurricane Research Initiative as a formal program with a well defined organizational structure and execution plan. (e) Grants.-- (1) Authority.--The Undersecretary and the Director may award grants to appropriate State and local governmental agencies or departments, research universities or nongovernmental entities to carry out the purposes described in subsection (b). (2) Best practices.--The Under Secretary and the Director shall develop and make available to the public a description of best practices to be used to carry out a project with a grant awarded under this subsection. (f) Research Seminars and Forums.--The Under Secretary and the Director shall carry out a series of national seminars and forums that assemble a broad collection of scientific disciplines to direct researchers to work collaboratively to carry out the purposes described in subsection (b). (g) Initial Research To Develop Improved Hurricane Intensity Forecasts and Impact Projections.--The Undersecretary and the Director shall within 120 days after the enactment of this Act issue a request for proposals to undertake the basic and applied research with an annual budget in the amounts as deemed appropriate by the Under Secretary and the Director to accomplish the desired research results during a 10-year term. (h) Authorization of Appropriations.--There is authorized to be appropriated $285,000,000 for each of the fiscal years 2008 through 2018 to carry out this section. SEC. 4. NATIONAL INFRASTRUCTURE DATABASE. (a) Requirement To Establish.--The Under Secretary and the Director shall establish a National Infrastructure Database for the purposes of-- (1) cataloging and characterizing the physical, social, and natural infrastructure in order to provide a baseline for developing standards, measuring modification, and determining loss; (2) providing information to Federal, State, and local government officials to improve information public policy related to hurricanes and tropical storms; and (3) providing data to researchers to improve their ability to measure hurricane impacts, separate such impacts from other effects, both natural and anthropogenic, make effective recommendations for improved building codes and urban planning practices, and develop effective procedures for responding to infrastructure disruption. (b) Database Requirements.--The National Infrastructure Database shall be a virtual, cyber environment that uses existing capabilities and facilities, and establishes new capabilities and facilities, as appropriate, to provide an interoperable environment and the necessary metadata and other resources needed by users of that Database. (c) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2008 through 2018 to carry out this section. SEC. 5. NATIONAL HURRICANE RESEARCH MODEL. (a) Requirement To Establish.--The Under Secretary and the Director shall develop a National Hurricane Research Model to conduct integrative research and to facilitate the transfer of research knowledge to operational applications, including linking relevant theoretical, physical, and computational models from atmospheric, oceanic, economic, sociological, engineered infrastructure, and ecologic fields, conducting experimental research to understand the extensive complexities of hurricanes, training of the next-generation hurricane researchers and forecasters, and obtaining measurable results in a comprehensive framework suitable for testing end-to-end integrative systems. (b) System Requirements.--The National Hurricane Research Model shall be a physically distributed and highly coordinated working environment in which research from the National Hurricane Research Initiative can be experimentally substantiated using suitable quantitative metrics, and where a culture of interaction and collaboration can further be promoted, including in the areas of-- (1) facilities and cyber infrastructure; (2) software integration; and (3) fixed mobile data collection platforms and data provisioning systems. (c) Authorization of Appropriations.--There is authorized to be appropriated $130,000,000 for each of the fiscal years 2008 through 2018 to carry out this section.
National Hurricane Research Initiative Act of 2007 - Requires the Under Secretary for Oceans and Atmosphere of the Department of Commerce and the Director of the National Science Foundation (NSF) to establish a National Hurricane Research Initiative and to cooperate with other specified federal agencies to carry it out. Requires such Initiative to set research objectives (based on a National Science Board report on the need for such Initiative) to: (1) make recommendations to the Board and to the National Oceanic and Atmospheric Administration (NOAA) Science Advisory Board; (2) assemble the science and engineering expertise of state or local government agencies and nongovernmental entities through a multi-agency effort focused on improving severe tropical storm forecasting capabilities, on durable and resilient infrastructure, and on mitigating impacts on coastal populations, the coastal built environment, and the natural coastal environment; and (3) make grants for hurricane research, including regarding storm internal dynamics, predicting high winds, tornadoes, and storm surge, and improving measurements of hurricanes and tropical storms through specified technologies. Directs the White House Office of Science and Technology Policy, through the National Science and Technology Council, to coordinate U.S. activities related to the Initiative as a formal program with a well-defined organizational structure and execution plan. Directs the Under Secretary and the Director to: (1) issue a request for proposals to undertake the basic and applied research with a sufficient annual budget to accomplish the desired research results during a 10-year term; (2) establish a National Infrastructure Database; and (3) develop a National Hurricane Research Model.
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SECTION 1. SHORT TITLE; FINDINGS; REFERENCE. (a) Short Title.--This Act may be cited as the ``Higher Education Relief Opportunities for Students Act of 2003''. (b) Findings.--The Congress finds the following: (1) There is no more important cause than that of our nation's defense. (2) The United States will protect the freedom and secure the safety of its citizens. (3) The United States military is the finest in the world and its personnel are determined to lead the world in pursuit of peace. (4) Hundreds of thousands of Army, Air Force, Marine Corps, Navy, and Coast Guard reservists and members of the National Guard have been called to active duty or active service. (5) The men and women of the United States military put their lives on hold, leave their families, jobs, and postsecondary education in order to serve their country and do so with distinction. (6) There is no more important cause for this Congress than to support the members of the United States military and provide assistance with their transition into and out of active duty and active service. (c) Reference.--References in this Act to ``the Act'' are references to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO MILITARY CONTINGENCIES AND NATIONAL EMERGENCIES. (a) Waivers and Modifications.-- (1) In general.--Notwithstanding any other provision of law, unless enacted with specific reference to this section, the Secretary of Education (referred to in this Act as the ``Secretary'') may waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the Act as the Secretary deems necessary in connection with a war or other military operation or national emergency to provide the waivers or modifications authorized by paragraph (2). (2) Actions authorized.--The Secretary is authorized to waive or modify any provision described in paragraph (1) as may be necessary to ensure that-- (A) recipients of student financial assistance under title IV of the Act who are affected individuals are not placed in a worse position financially in relation to that financial assistance because of their status as affected individuals; (B) administrative requirements placed on affected individuals who are recipients of student financial assistance are minimized, to the extent possible without impairing the integrity of the student financial assistance programs, to ease the burden on such students and avoid inadvertent, technical violations or defaults; (C) the calculation of ``annual adjusted family income'' and ``available income'', as used in the determination of need for student financial assistance under title IV of the Act for any such affected individual (and the determination of such need for his or her spouse and dependents, if applicable), may be modified to mean the sums received in the first calendar year of the award year for which such determination is made, in order to reflect more accurately the financial condition of such affected individual and his or her family; (D) the calculation under section 484B(b)(2) of the Act (20 U.S.C. 1091b(b)(2)) of the amount a student is required to return in the case of an affected individual may be modified so that no overpayment will be required to be returned or repaid if the institution has documented (i) the student's status as an affected individual in the student's file, and (ii) the amount of any overpayment discharged; and (E) institutions of higher education, eligible lenders, guaranty agencies, and other entities participating in the student assistance programs under title IV of the Act that are located in areas that are declared disaster areas by any Federal, State or local official in connection with a national emergency, or whose operations are significantly affected by such a disaster, may be granted temporary relief from requirements that are rendered infeasible or unreasonable by a national emergency, including due diligence requirements and reporting deadlines. (b) Notice of Waivers or Modifications.-- (1) In general.--Notwithstanding section 437 of the General Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5, United States Code, the Secretary shall, by notice in the Federal Register, publish the waivers or modifications of statutory and regulatory provisions the Secretary deems necessary to achieve the purposes of this section. (2) Terms and conditions.--The notice under paragraph (1) shall include the terms and conditions to be applied in lieu of such statutory and regulatory provisions. (3) Case-by-case basis.--The Secretary is not required to exercise the waiver or modification authority under this section on a case-by-case basis. (c) Impact Report.--The Secretary shall, not later than 15 months after first exercising any authority to issue a waiver or modification under subsection (a), report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate on the impact of any waivers or modifications issued pursuant to subsection (a) on affected individuals and the programs under title IV of the Act, and the basis for such determination, and include in such report the Secretary's recommendations for changes to the statutory or regulatory provisions that were the subject of such waiver or modification. (d) No Delay in Waivers and Modifications.--Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the waivers and modifications authorized or required by this Act. SEC. 3. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED FORCES. (a) Sense of Congress.--It is the sense of Congress that-- (1) all institutions offering postsecondary education should provide a full refund to students who are affected individuals for that portion of a period of instruction such student was unable to complete, or for which such individual did not receive academic credit, because he or she was called up for active duty or active service; and (2) if affected individuals withdraw from a course of study as a result of such active duty or active service, such institutions should make every effort to minimize deferral of enrollment or reapplication requirements and should provide the greatest flexibility possible with administrative deadlines related to those applications. (b) Definition of Full Refund.--For purposes of this section, a full refund includes a refund of required tuition and fees, or a credit in a comparable amount against future tuition and fees. SEC. 4. USE OF PROFESSIONAL JUDGMENT. A financial aid administrator shall be considered to be making a necessary adjustment in accordance with section 479A(a) of the Act if the administrator makes adjustments with respect to the calculation of the expected student or parent contribution (or both) of an affected individual, and adequately documents the need for the adjustment. SEC. 5. DEFINITIONS. In this Act: (1) Active duty.--The term ``active duty'' has the meaning given such term in section 101(d)(1) of title 10, United States Code, except that such term does not include active duty for training or attendance at a service school. (2) Affected individual.--The term ``affected individual'' means an individual who-- (A) is serving on active duty during a war or other military operation or national emergency; (B) is performing qualifying National Guard duty during a war or other military operation or national emergency; (C) resides or is employed in an area that is declared a disaster area by any Federal, State, or local official in connection with a national emergency; or (D) suffered direct economic hardship as a direct result of a war or other military operation or national emergency, as determined by the Secretary. (3) Military operation.--The term ``military operation'' means a contingency operation as such term is defined in section 101(a)(13) of title 10, United States Code. (4) National emergency.--The term ``national emergency'' means a national emergency declared by the President of the United States. (5) Serving on active duty.--The term ``serving on active duty during a war or other military operation or national emergency'' shall include service by an individual who is-- (A) a Reserve of an Armed Force ordered to active duty under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10, United States Code, or any retired member of an Armed Force ordered to active duty under section 688 of such title, for service in connection with a war or other military operation or national emergency, regardless of the location at which such active duty service is performed; and (B) any other member of an Armed Force on active duty in connection with such war, operation, or emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned. (6) Qualifying national guard duty.--The term ``qualifying National Guard duty during a war or other military operation or national emergency'' means service as a member of the National Guard on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, United States Code, in connection with a war, another military operation, or a national emergency declared by the President and supported by Federal funds. SEC. 6. TERMINATION OF AUTHORITY. The provisions of this Act shall cease to be effective at the close of September 30, 2005. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Higher Education Relief Opportunities for Students Act of 2003 - Authorizes the Secretary of Education to waive or modify any requirement or regulation applicable to the student financial assistance programs under title IV of the Higher Education Act of 1965 as deemed necessary with respect to an affected individual who: (1) is serving on active duty during a war or other military operation or national emergency; (2) is performing qualifying National Guard duty during a war, operation, or emergency; (3) resides or is employed in an area that is declared a disaster area by any Federal, State, or local official in connection with a national emergency; or (4) suffered direct economic hardship as a direct result of a war or other military operation or national emergency. Authorizes the Secretary to grant such a waiver to ensure that: (1) affected individuals who have received student financial assistance (affected recipients) are not placed in a worse position financially in relation to that financial assistance because of their status; (2) administrative requirements placed on affected recipients are minimized to ease the burden on them and avoid inadvertent, technical violations or defaults; (3) calculations of income or overpayment amounts required to be returned may be modified in light of the special circumstances; and (4) institutions of higher education, eligible lenders, guaranty agencies, and other participating entities that are located in declared disaster areas in connection with a national emergency, or whose operations are significantly affected by such a disaster, may be granted temporary relief from requirements that are rendered infeasible or unreasonable by the emergency, including due diligence requirements and reporting deadlines. Declares the sense of Congress that: (1) all institutions offering postsecondary education should provide a full refund (or credit) of tuition and related fees to students who are affected individuals for that portion of a period of instruction such a student was unable to complete, or for which such individual did not receive academic credit, because he or she was called up for active duty or active service; and (2) if affected individuals withdraw from a course of study as a result of such active duty or active service, such institutions should make every effort to minimize deferral of enrollment or reapplication requirements and should provide the greatest flexibility possible with administrative deadlines related to those applications.
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SECTION 1. MORATORIUM ON FLOOD MAP UPDATES. The Administrator of the Federal Emergency Management Agency may not revise and update a floodplain area or flood-risk zone under section 1360(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)) until the date on which the Administrator submits to Congress a community outreach plan for the updating of floodplain areas and flood-risk zones. SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL PROPERTY LOCATED IN EXPANDED FLOOD ZONE. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36 the following new section: ``SEC. 36A. NEW FLOOD ZONE PREMIUM CREDIT. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the premium paid by the taxpayer for flood insurance under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) covering any residential property of the taxpayer which is a qualified flood risk property. ``(b) Limitations.-- ``(1) Limitation based on income.-- ``(A) In general.--The amount which would (but for this subsection) be allowable as a credit under this section shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $50,000 ($100,000 in the case of a joint return), bears to ``(ii) $100,000 ($200,000 in the case of a joint return). ``(C) Modified adjusted gross income.--For purposes of subparagraph (B), the term `modified adjusted gross income' means adjusted gross income determined-- ``(i) without regard to this section and sections 199, 222, 911, 931, and 933, and ``(ii) after application of sections 86, 135, 137, 219, 221, and 469. ``(2) Limitation based on period.--No amount shall be allowed as a credit under subsection (a) with respect to any residential property after the end of the 4th calendar beginning after the calendar year in which the map referred to in subsection (c)(1) first became effective. ``(c) Qualified Flood Risk Property.--For purposes of this section, the term `qualified flood risk property' means a residential property (within the meaning of the National Flood Insurance Act of 1968) which-- ``(1) is located in a floodplain area or flood-risk zone, as depicted on a flood insurance rate map revised and updated pursuant to section 1360(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), ``(2) was outside of any floodplain area or flood-risk zone prior to such revision and updating, and ``(3) with respect to which-- ``(A) the taxpayer owned such property on the date such revised and updated map first became effective, or ``(B) the purchase or construction of which by the taxpayer was subject to a binding written contract on such date.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``, 36A'' after ``36''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item: ``Sec. 36A. New flood zone premium credit.''. (c) Effective Date; Waiver of Limitations.-- (1) In general.--The amendments made by this section shall apply with respect to any flood insurance rate map which becomes effective pursuant to section 1360(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101). (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. SEC. 3. GRANT PROGRAM TO IMPROVE COMMUNITY RATING. Section 1315(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4022(b)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(5) Grants.--The program shall provide grants to communities for projects to improve the community rating of the communities under the program.''.
Prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from updating a floodplain area or flood-risk zone under the National Flood Insurance Act of 1968 until the Administrator submits a community outreach plan to Congress. Amends the Internal Revenue Code to provide for a credit equal to the premium paid by the taxpayer for flood insurance covering any residential property which is a qualified flood risk property, subject to an income-based limitation. Defines "qualified flood risk property" as a residential property: (1) that is located in a floodplain area or flood-risk zone depicted on a flood insurance rate map revised and updated pursuant to such Act; (2) that was outside of any floodplain area or flood-risk zone prior to such revision; and (3) that the taxpayer owned on the date such map became effective or the purchase or construction of which by the taxpayer was subject to a binding written contract on such date. Makes this Act applicable to any flood insurance rate map that becomes effective pursuant to such Act. Provides that if a refund or credit of any overpayment resulting from this Act is prevented at any time before one year after enactment of this Act, such refund or credit may occur if the claim is filed before the close of that period. Amends such Act to require the community rating system program to provide grants to communities for projects to improve the rating of communities under the program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure the Border Now Act of 2006''. SEC. 2. STRENGTHENING BORDER PATROL RECRUITMENT AND RETENTION. In order to address the recruitment and retention challenges faced by United States Customs and Border Protection, the Secretary of Homeland Security shall establish a plan, consistent with existing Federal statutes applicable to pay, recruitment, relocation, and retention of Federal law enforcement officers. Such plan shall include the following components: (1) The establishment of a recruitment incentive for Border patrol agents. (2) The establishment of a retention plan, including the payment of bonuses to Border Patrol agents for every year of service after the first two years of service. (3) An increase in the pay percentage differentials to Border Patrol agents in certain high-cost areas in the San Diego, El Centro, Yuma, and Tucson sectors consistent with entry-level pay to other Federal, State, and local law enforcement agencies. (4) The establishment of a mechanism whereby Border Patrol agents can transfer from one location to another after the first two years of service in their initial duty location. SEC. 3. COST-EFFECTIVE ENHANCEMENTS TO BORDER SECURITY. (a) In General.--The Secretary of Homeland Security shall take such steps as may be necessary to control the costs of hiring, training, and deploying new Border Patrol agents, including-- (1) permitting individuals who are in training to become Border Patrol agents to waive certain course requirements of such training if such individuals have earlier satisfied such requirements in a similar or comparable manner as determined by the Secretary; and (2) conducting a competitive sourcing study to compare the costs of training new Border Patrol agents at a non-profit or private training facility, including the use of private training facilities to conduct portions of such training. (b) Limitation on Per-Agent Cost of Training.-- (1) In general.--Except as provided in paragraph (2), the Secretary shall take such steps as may be necessary to ensure that the fiscal year 2007 per-agent cost of hiring, training, and deploying each new Border Patrol agent does not exceed $150,000. (2) Exception and certification.-- (A) In general.--If the Secretary determines that the per-agent cost referred to in paragraph (1) exceeds $150,000, the Secretary shall promptly submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a certification explaining why such per-agent cost exceeds such amount. (B) Temporary suspension of training.--Until the Secretary receives from the committees specified in subparagraph (A) an approval with respect to such increased per-agent cost, the Secretary shall suspend any new hiring, training, and deploying of Border Patrol agents. SEC. 4. CONTINUATION OF AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS TO SUPPORT TRAINING FOR BORDER SECURITY PURPOSES. Section 1202(a) of the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States (Public Law 107-206; 42 U.S.C. 3771 note) is amended in the first sentence-- (1) by striking ``enactment of this Act'' and inserting ``enactment of the Secure the Border Now Act of 2006''; and (2) by striking ``250'' and inserting ``350''. SEC. 5. BORDER PATROL TRAINING EXPANSION. (a) In General.--The Secretary of Homeland Security shall enter into agreements with law enforcement training academies operated by State and local governments, universities, nonprofit organizations, and private companies to replicate, in whole or in part, the initial training provided to new Border Patrol agents. (b) Utilization.--The Secretary shall utilize the authority described in subsection (a) for fiscal years 2007 through 2011 or until such time as the Secretary certifies to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that such authority is no longer necessary or cost-effective in order to train sufficient numbers of Border Patrol agents each year to secure the international land and maritime borders of the United States. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for each of fiscal years 2007 through 2011 such sums as may be necessary to fund such training. SEC. 6. AUTHORITY FOR CUSTOMS AND BORDER PROTECTION TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS FOR BORDER SECURITY PURPOSES. (a) In General.--Notwithstanding any other provision of law, the Commissioner of United States Customs and Border Protection (CBP) may, for a period ending not later than five years after the date of the enactment of this Act, appoint and employ up to 500 Federal annuitants to any position in CBP that supports the President's initiative to aggressively accelerate the ability of CBP to secure the international land and maritime borders of the United States-- (1) without regard to any provision of title 5, United States Code, which might otherwise require the application of competitive hiring procedures; and (2) who shall not be subject to any reduction in pay (for annuity allocable to the period of actual employment) under the provisions of section 8344 or 8468 of such title or similar provision of any other retirement system for employees. (b) Rule of Construction.--A reemployed Federal annuitant as to whom a waiver of reduction under subsection (a)(2) applies shall not, for any period during which such waiver is in effect, be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or such other retirement system (referred to in such subsection) as may apply. (c) No Displacement.--No appointment under this section may be made if such appointment would result in the displacement of any employee. (d) Counting.--The counting of Federal annuitants shall be done on a full-time equivalent basis. (e) Definitions.--For purposes of this section: (1) Federal annuitant.--The term ``Federal annuitant'' means an employee who has retired under the Civil Service Retirement System, the Federal Employees' Retirement System, or any other retirement system for Federal employees. (2) Employee.--The term ``employee'' has the meaning given such term in section 2105 of title 5, United States Code. SEC. 7. USE OF TEMPORARY SUPPORT PERSONNEL. (a) In General.--The Secretary of Homeland Security shall enter into contracts with private entities for the purpose of providing necessary administrative and other support to Border Patrol agents and Customs and Border Protection Officers deployed at United States ports of entry or along the international land and maritime borders of the United States. (b) Requirements.--The Secretary shall-- (1) not later than 90 days after the date of the enactment of this Act, publish a request for proposal to hire administrative support staff to monitor cameras, analyze intelligence, process paperwork, construct roads and vehicle barriers, and perform such other duties as determined by the Secretary; and (2) terminate the use of the private entities referred to in subsection (a) when the Secretary submits to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that a sufficient number of permanent Federal support staff have been hired and trained so that Border Patrol agents and Customs and Border Protection Officers do not perform duties for which they were not specifically trained. SEC. 8. USE OF TEMPORARY SECURITY PERSONNEL FOR BORDER SECURITY FUNCTIONS. (a) In General.--The Secretary of Homeland Security shall enter into contracts with private entities for the purpose of providing enhanced capacity to United States Customs and Border Protection to secure the international land and maritime borders of the United States. (b) Requirements.--The Secretary shall-- (1) not later than 90 days after the date of the enactment of this Act, direct the Federal Protective Service of United States Immigration and Customs Enforcement to hire level II security personnel drawn from the General Services Administration General Schedule, or publish a request for proposal to hire similar, highly trained, private security personnel, in accordance with the Secretary's authority described in subsection (a); (2) ensure that such security personnel shall number not fewer than 5,000 and not more than 8,000 individuals; (3) in accordance with subsection (d), ensure that the Chief Security Officer of United States Customs and Border Protection specifies the requirements that such security personnel must meet or exceed; and (4) terminate the use of such security personnel at the time that the number of full-time active-duty Border Patrol agents reaches authorized levels of personnel as provided in such section. (c) Reduction.--The number of personnel hired under this section shall be reduced at a rate commensurate with the number of new Border Patrol agents hired in accordance with section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458). (d) Requirements Relating to Security Personnel.--The requirements referred to in subsection (b)(3) for security personnel shall include a background investigation consisting of criminal and financial history checks, a review of the individual's citizenship status, a drug test, and health and psychological screening. Security personnel described in this section shall also possess prior law enforcement, military, or other similar experience. (e) Rule of Construction.--Nothing in this section shall be construed as providing the Secretary with the authority to hire private citizens for the purpose stated in this section. SEC. 9. PERMITTED USE OF HOMELAND SECURITY GRANT FUNDS FOR BORDER SECURITY ACTIVITIES. (a) Reimbursement.--The Secretary of Homeland Security may allow the recipient of amounts under a covered grant to use those amounts to reimburse itself for costs it incurs in carrying out any terrorism prevention or deterrence activity that-- (1) relates to the enforcement of Federal laws aimed at preventing the unlawful entry of persons or things into the United States, including activities such as detecting or responding to such an unlawful entry or providing support to another entity relating to preventing such an unlawful entry; (2) is usually a Federal duty carried out by a Federal agency; and (3) is carried out under agreement with a Federal agency. (b) Use of Prior Year Funds.--Subsection (a) shall apply to all covered grant funds received by a State, local government, or Indian tribe at any time on or after October 1, 2001. (c) Covered Grants.--For purposes of subsection (a), the term ``covered grant'' means grants provided by the Department of Homeland Security to States, local governments, or Indian tribes administered under the following programs: (1) State homeland security grant program.--The State Homeland Security Grant Program of the Department, or any successor to such grant program. (2) Urban area security initiative.--The Urban Area Security Initiative of the Department, or any successor to such grant program. (3) Law enforcement terrorism prevention program.--The Law Enforcement Terrorism Prevention Program of the Department, or any successor to such grant program.
Secure the Border Now Act of 2006 - Directs the the Secretary of Homeland Security to: (1) establish a plan applicable to pay, recruitment, relocation, and retention of federal law enforcement officers, which shall include Border Patrol recruitment, retention, salary, and transfer incentives; (2) take steps to control the costs of hiring, training, and deploying new Border Patrol agents, including FY2007 per-agent training cost limits; (3) enter into agreements with state and local law enforcement training academies, universities, nonprofit organizations, and private companies to replicate the initial training provided to new Border Patrol agents; and (4) enter into contracts with private entities to provide temporary administrative and other support to Border Patrol agents and Customs and Border Protection Officers deployed at U.S. ports of entry or along the international land and maritime borders of the United States. Amends the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States to: (1) extend Federal Law Enforcement Training Center authority to appoint and maintain a cadre of federal annuitants; and (2) increase the maximum number of such annuitants from 250 to 350. Authorizes the Commissioner of United States Customs and Border Protection (CBP) to appoint and employ (for up to five years) up to 500 federal annuitants for CBP border-related positions. Authorizes the Secretary to use specified security and terrorism prevention grant funds for border security activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Retirement Contributions Act of 1999''. SEC. 2. DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS. (a) Civil Service Retirement System.--The table under section 8334(c) of title 5, United States Code, is amended-- (1) in the matter relating to an employee by striking: ``7.4............ January 1, 2000, to December 31, 2000. 7.5............. January 1, 2001, to December 31, 2002. 7............... After December 31, 2002.''; and inserting the following: ``7.............. After December 31, 1999.''; (2) in the matter relating to a Member or employee for Congressional employee service by striking: ``7.9............ January 1, 2000, to December 31, 2000. 8............... January 1, 2001, to December 31, 2002. 7.5............. After December 31, 2002.''; and inserting the following: ``7.5............ After December 31, 1999.''; (3) in the matter relating to a Member for Member service by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (4) in the matter relating to a law enforcement officer for law enforcement service and firefighter for firefighter service by striking: ``7.9............ January 1, 2000, to December 31, 2000. 8............... January 1, 2001, to December 31, 2002. 7.5............. After December 31, 2002.''; and inserting the following: ``7.5............ After December 31, 1999.''; (5) in the matter relating to a bankruptcy judge by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (6) in the matter relating to a judge of the United States Court of Appeals for the Armed Forces for service as a judge of that court by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (7) in the matter relating to a United States magistrate by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (8) in the matter relating to a Court of Federal Claims judge by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (9) in the matter relating to the Capitol Police by striking: ``7.9............ January 1, 2000, to December 31, 2000. 8............... January 1, 2001, to December 31, 2002. 7.5............. After December 31, 2002.''. and inserting the following: ``7.5............ After December 31, 1999.''; and (10) in the matter relating to a nuclear materials courier by striking: ``7.9............ January 1, 2000, to December 31, 2000. 8............... January 1, 2001, to December 31, 2002. 7.5............. After December 31, 2002.''. and inserting the following: ``7.5............ After December 31, 1999.''. (b) Federal Employees' Retirement System.--Section 8422(a) of title 5, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) The applicable percentage under this paragraph for civilian service shall be as follows: ``Employee.............................. 7...................... January 1, 1987, to December 31, 1998. 7.25................... January 1, 1999, to December 31, 1999. 7...................... After December 31, 1999. Congressional employee.................. 7.5.................... January 1, 1987, to December 31, 1998. 7.75................... January 1, 1999, to December 31, 1999. 7.5.................... After December 31, 1999. Member.................................. 7.5.................... January 1, 1987, to December 31, 1998. 7.75................... January 1, 1999, to December 31, 1999. 7.5.................... After December 31, 1999. Law enforcement officer, firefighter, 7.5.................... January 1, 1987, to December 31, 1998. member of the Capitol Police, or air traffic controller. 7.75................... January 1, 1999, to December 31, 1999. 7.5.................... After December 31, 1999. Nuclear materials courier............... 7...................... January 1, 1987, to the day before the date of enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999. 7.5.................... The date of enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to December 31, 1998. 7.75................... January 1, 1999, to December 31, 1999. 7.5.................... After December 31, 1999.''. SEC. 3. CONFORMING AMENDMENTS RELATING TO MILITARY AND VOLUNTEER SERVICE UNDER FERS. (a) Military Service.--Section 8422(e)(6) of title 5, United States Code, is amended to read as follows: ``(6) The percentage of basic pay under section 204 of title 37 payable under paragraph (1), with respect to any period of military service performed during January 1, 1999, through December 31, 1999, shall be 3.25 percent.''. (b) Volunteer Service.--Section 8422(f)(4) of title 5, United States Code, is amended to read as follows: ``(4) The percentage of the readjustment allowance or stipend (as the case may be) payable under paragraph (1), with respect to any period of volunteer service performed during January 1, 1999, through December 31, 1999, shall be 3.25 percent.''. SEC. 4. OTHER FEDERAL RETIREMENT SYSTEMS. (a) Central Intelligence Agency Retirement and Disability System.-- (1) Deductions, withholdings, and deposits.--Section 7001(c)(2) of the Balanced Budget Act of 1997 (Public Law 105- 33; 111 Stat. 659) is amended to read as follows: ``(2) Individual deductions, withholdings, and deposits.-- Notwithstanding section 211(a)(1) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(1)) beginning on January 1, 1999, through December 31, 1999, the percentage deducted and withheld from the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System shall be 7.25 percent.''. (2) Military service.--Section 252(h)(1)(A) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2082(h)(1)(A)), is amended to read as follows: ``(h)(1)(A) Each participant who has performed military service before the date of separation on which entitlement to an annuity under this title is based may pay to the Agency an amount equal to 7 percent of the amount of basic pay paid under section 204 of title 37, United States Code, to the participant for each period of military service after December 1956; except, the amount to be paid for military service performed beginning on January 1, 1999, through December 31, 1999, shall be 7.25 percent of basic pay.''. (b) Foreign Service Retirement and Disability System.-- (1) In general.--Section 7001(d)(2) of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 660) is amended by striking subparagraphs (A) and (B) and inserting the following: ``(A) In general.--Notwithstanding section 805(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4045(a)(1)), beginning on January 1, 1999, through December 31, 1999, the amount withheld and deducted from the basic pay of a participant in the Foreign Service Retirement and Disability System shall be 7.25 percent. ``(B) Foreign service criminal investigators/ inspectors of the office of the inspector general, agency for international development.--Notwithstanding section 805(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4045(a)(2)), beginning on January 1, 1999, through December 31, 1999, the amount withheld and deducted from the basic pay of an eligible Foreign Service criminal investigator/inspector of the Office of the Inspector General, Agency for International Development participating in the Foreign Service Retirement and Disability System shall be 7.75 percent.''. (2) Conforming amendment.--Section 805(d)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4045(d)(1)) is amended in the table in the matter following subparagraph (B) by striking: ``January 1, 1970, through December 31, 1998, inclusive............................... 7 January 1, 1999, through December 31, 1999, inclusive................................ 7.25 January 1, 2000, through December 31, 2000, inclusive................................ 7.4 January 1, 2001, through December 31, 2002, inclusive................................ 7.5 After December 31, 2002.............................................................. 7''. and inserting the following: ``January 1, 1970, through December 31, 1998, inclusive............................... 7 January 1, 1999, through December 31, 1999, inclusive................................ 7.25 After December 31, 1999.............................................................. 7.''. (c) Foreign Service Pension System.-- (1) In general.--Section 856(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4071e(a)(2)) is amended to read as follows: ``(2) The applicable percentage under this subsection shall be as follows: ``7.5............ Before January 1, 1999. 7.75............ January 1, 1999, to December 31, 1999. 7.5............. After December 31, 1999.''. (2) Volunteer service.--Section 854(c)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4071c(c)(1)) is amended by striking all after ``volunteer service;'' and inserting ``except, the amount to be paid for volunteer service beginning on January 1, 1999, through December 31, 1999, shall be 3.25 percent.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on December 31, 1999.
Amends the Balanced Budget Act of 1997 and the Foreign Service Act of 1980 to make similar employee retirement contribution reductions under the Central Intelligence Agency Retirement and Disability System, the Foreign Service Retirement and Disability System, and the Foreign Service Pension System.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Kid Friendly TV Programming Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) More than a decade ago, the American Psychological Society concluded that ``There is absolutely no doubt that higher levels of viewing violence on television are correlated with increased acceptance of aggressive attitudes and increased aggressive behavior.''. (2) A study in 2003 found that adults who were ``high TV- violence viewers'' as children are more than three-to-four times as likely as other adults to be convicted of a crime and to use violence against their spouses and other adults. (3) Adults who watched more violent programming as children were more likely to be arrested and convicted for spousal and child abuse, murder and aggravated assault. (4) Ten percent of violent acts committed by youths are attributable to their exposure to violence on television. (5) Forty percent of parents surveyed in l999 in Rhode Island reported that at least one symptom of post-traumatic stress disorder occurred after their child viewed a scary event on television, and that this symptom lasted at least 1 month. (6) The average child who watches 2 hours of cartoons a day will view almost 10,000 violent acts a year. (7) Teenagers who watched television with the greatest amount of sexual content were twice as likely to initiate sexual intercourse the following year as those who watched television with the least amount of sexual content. (8) The Kaiser Family Foundation reported in 2002 that 72 percent of teenagers think sex on television influences ``somewhat'' or ``a lot'' the sexual behavior of their peers. (9) The Kaiser Family Foundation reported in 2003 that 64 percent of all television shows have some sexual content, and that in prime time, 71 percent of the top 4 broadcast network shows have some sexual content. (10) The continued exposure of children to obscene, indecent, sexual, or gratuitous or excessively violent content on television is harmful to the public health and welfare of communities across the country. (11) Efforts to limit the exposure of children to television programming that contains material with obscene, indecent, violent, or sexual content, or to impose fines and penalties for the broadcast of such content, have not been successful in protecting children from harmful content. (12) The number of homes in the United States that receive television programming via cable or satellite providers is estimated to have grown to 85 percent of American households, and of that percentage, an estimated 95 percent of the households subscribe to basic or expanded basic programs. (13) The efforts to limit the exposure of children to harmful television content have not been successful because Federal regulatory agencies have not had the authority to require cable and satellite providers to offer a child-friendly tier of programming. (14) Parents need more effective ways to limit the exposure of children to television with harmful content through alternative, child-friendly tiers of programs. SEC. 3. BASIC TIER CONTENT RESTRICTIONS. Part IV of title VI of the Communications Act of 1934 (47 U.S.C. 631 et seq.) is amended by adding at the end the following: ``SEC. 641. KID-FRIENDLY PROGRAMMING TIER. ``(a) In General.--Within 1 months after the date of enactment of the Kid Friendly TV Programming Act of 2005, each multichannel video programming distributor shall offer a child-friendly tier of programming consisting of no fewer than 15 channels. ``(b) Blocking Instructions.--Beginning 6 months after the date of enactment of the Kid Friendly TV Programming Act of 2005, each multichannel video programming distributor shall provide, as part of the monthly statement of charges, instructions for how to block any channel whose content a subscriber may wish to block. ``(c) Penalties.--In addition to any other penalty imposed under this Act or title 18, United States Code, failure to comply with the requirements of this section is punishable by a civil penalty of up to $500,000 per day. Each day of such failure shall be considered a separate offense. ``(d) Child-Friendly Defined.--In this section, the term `child- friendly tier' means a group of channels that do not carry programming, advertisements, or public service announcements that would be considered inappropriate for children due to obscene, indecent, profane, sexual, or gratuitous and excessively violent content.''. D23/
Kid Friendly TV Programming Act of 2005 - Amends the Communications Act of 1934 to require multi-channel video programming distributors to provide: (1) a child-friendly programming tier of at least 15 channels; and (2) channel blocking instructions as part of the monthly bill. Imposes civil monetary penalties for violations of this Act. Defines "child-friendly tier."
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Improvement of Information Access Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) A well-informed citizenry is essential for the well- being of a democratic society. (2) Access to Government information is essential for citizens who seek to make the Federal Government accountable for its actions. (3) The public should have timely, complete, equitable, and affordable access to Government information. (4) Federal agencies should use modern information technology for the benefit of citizens of the United States. (5) Government information is a national resource that should be treated as a public good. (6) Government information is a valuable economic asset that belongs to the public. (7) Taxpayers pay for the creation, collection, and organization of Government information and should not be required to pay excessive fees to receive and use that information. (8) It is unnecessarily difficult for citizens to provide Federal agencies with comments and suggestions on Federal information policies. As a result, many Federal agencies do not take into account the public interest in the information resources they manage. (9) Federal agencies have been slow in developing standards for record and file formats, software query command structures, and other important topics that will make Government information easier to obtain and use. (10) Many Federal agencies do not provide timely access to Government information products and services at reasonable costs. SEC. 3. IMPROVED PUBLIC ACCESS TO GOVERNMENT INFORMATION. (a) In General.--Title 44, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 41--INFORMATION DISSEMINATION POLICIES AND PRACTICES ``Sec. ``4101. Ensuring public access to Government information products and services. ``Sec. 4101. Ensuring public access to Government information products and services ``(a) Each executive department, military department, and independent establishment shall prepare by not later than February 1 of each year, and make freely available to the public upon request and at no charge, a report which describes the information dissemination policies and practices of the department or establishment, including-- ``(1) plans of the department or establishment to introduce new information products and services or discontinue old ones; ``(2) efforts of the department or establishment to develop or implement standards for file and record formats, software query command structures, user interfaces, and other matters that make information easier to obtain and use; ``(3) progress of the department or establishment in creating and disseminating comprehensive indexes and bibliographies of information products and services, including coordinated efforts conducted with other agencies; ``(4) the methods to be used by the public for accessing information, including the modes and outlets available to the public; ``(5) provisions for protecting access to records stored with technologies that are superseded or obsolete; ``(6) methods used to make the public aware of information resources, services, and products; and ``(7) a summary of the comments received from the public under subsection (b) in the year preceding the report, and the response of the department or establishment to those comments. ``(b)(1) Not later than February 1 of each year, each executive department, military department, and independent establishment shall publish in the Federal Register, and provide in such other manner as will notify users of information of the department or establishment, a notice of-- ``(A) the availability of the report prepared under subsection (a); and ``(B) a period of not less than 90 days for submission by the public of comments regarding the information dissemination policies and practices of the department or establishment, including comments regarding-- ``(i) the types of information the department or establishment collects and disseminates; ``(ii) the methods and outlets the department or establishment uses to store and disseminate information; ``(iii) the prices charged by the department or establishment, or such outlets, for the information; and ``(iv) the validity, reliability, timeliness, and usefulness to the public of the information. ``(2) Comments received under this subsection by a department or independent establishment shall be available for inspection to the public. Each year the department or establishment shall provide a reasonable opportunity for dialogue between responsible agency officials and interested members of the public, including through hearings and informal forums, regarding both proposed and existing policies, procedures, and mechanisms for disseminating information under this section and for otherwise implementing this section. ``(c) Before discontinuing an information product or service, an agency shall-- ``(1) publish in the Federal Register, or provide by other means adequate to inform users of information of the agency, a notice of a period of not less than 120 days for submission by the public of comments regarding that discontinuation; ``(2) include in that notice an explanation of the reasons for the discontinuation; and ``(3) consider comments received pursuant to the notice. ``(d) Each agency shall-- ``(1) disseminate information in diverse modes and through appropriate outlets that will reinforce statutory requirements for depository distribution, as well as offering other channels of distribution, with adequate documentation software, indexes, or other resources that will permit and broaden public access to Government information; ``(2) disseminate information in a manner that ensures the timeliness, usefulness, and reliability of the information for the public; ``(3) store and disseminate information products and services in standardized record formats; and ``(4) use depository libraries, national computer networks, and other distribution channels that improve and assure free or low-cost public access to Government information. ``(e)(1) Except as specifically authorized by statute, an agency may not-- ``(A) charge to depository libraries the costs of distributing information products and services; ``(B) charge more than the incremental cost of distributing an information product or service regardless of channels utilized by the agency; or ``(C) charge any royalty or other fee for any use or redissemination of Government information. ``(2) For purposes of this subsection, the incremental cost of distributing an information product or service does not include any portion of the cost of collecting, organizing, or processing information disseminated through the product or service. ``(f)(1) The Archivist of the United States and the Director of the National Institute of Standards and Technology shall jointly issue and periodically revise model performance standards under which agencies shall be encouraged to provide access to public records. ``(2) Standards issued under this subsection shall include the establishment of a period within which an agency, upon request, shall provide by mail a copy of any decision, rule, notice, docket filing, press release, or other public document of the agency.''. (b) Clerical Amendment.--The table of chapters at the beginning of title 44, United States Code, is amended by adding at the end the following: ``41. Government Information Products and Services.......... 4101''. SEC. 4. STANDARDS FOR ACCESS TO PUBLIC RECORDS. The Archivist of the United States and the Director of the National Institute of Standards and Technology shall jointly issue model performance standards for providing access to agency records under section 4101(f) of title 44, United States Code (as added by section 3), by not later than 1 year after the date of the enactment of this Act.
Improvement of Information Access Act of 1993 - Amends Federal law to require each executive and military department and independent establishment to prepare and make available to the public upon request a report which describes its information dissemination policies and practices. Requires each such entity to provide an opportunity for dialogue between responsible agency officials and interested members of the public regarding both proposed and existing policies, procedures, and mechanisms and disseminating information under this Act. Specifies the actions an agency must take before discontinuing an information product or service. Requires agencies to: (1) disseminate information in diverse modes and through appropriate outlets that will permit and broaden public access to Government information; and (2) use depository libraries, national computer networks, and other distribution channels that improve and assure free or low-cost public access to Government information. Provides that except as specifically authorized by statute, an agency may not: (1) charge to depository libraries the costs of distributing information products and services; (2) charge more than the incremental cost of distributing an information product or service regardless of channels utilized; or (3) charge any royalty or other fee for any use or redissemination of Government information. Requires the Archivist of the United States and the Director of the National Institute of Standards and Technology to jointly issue and periodically revise model performance standards under which agencies shall be encouraged to provide access to public records.
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SECTION 1. REQUIREMENT FOR PRESENTATION OF DOCUMENTATION PROVING BOTH CITIZENSHIP AND IDENTITY IN ORDER TO RECEIVE BENEFITS UNDER SCHIP, TAA, AND ATAA. (a) In General.--Notwithstanding any other provision of law, as a condition of receiving benefits under SCHIP, TAA, and ATAA, an individual who is applying for such benefits (including applying for renewal of such benefits) shall present satisfactory documentation providing both citizenship and identity. (b) Acceptable Documentation.--The following shall constitute acceptable documentation for purposes of subsection (a): (1) Acceptable primary documentation for identification and citizenship.-- (A) A Certificate of Naturalization (DHS Forms N- 550 or N-570). (B) A Certificate of U.S. Citizenship (DHS Forms N- 560 or N-561). (2) A combination of an acceptable secondary documentation to verify proof of citizenship and an acceptable documentation to verify identity.-- (A) In general.--A document described in subparagraph (B) and a document described in subparagraph (C). (B) Acceptable documentation to verify proof of citizenship.-- (i) A U.S. birth certificate. (ii) A Certification of birth issued by the Department of State (Form DS-1350). (iii) A Report of Birth Abroad of a U.S. Citizen (Form FS-240). (iv) A Certification of Birth Abroad (FS- 545). (v) A U.S. Citizen I.D. card (DHS Form I- 197). (vi) An American Indian Card issued by the Department of Homeland Security with the classification code ``KIC'' (Issued by the Department of Homeland Security to identify U.S. citizen members of the Texas Band of Kickapoos living near the U.S./Mexican border). (vii) Final adoption decree. (viii) Evidence of civil service employment by the United States government before June 1976. (ix) An official military record of service showing a place of birth in the United States. (x) A Northern Mariana Identification Card (Issued by the Immigration and Naturalization Service to a collectively naturalized citizen of the United States who was born in the Northern Mariana Islands before November 4, 1986). (C) Acceptable documentation to verify proof of identity.-- (i) A current State driver's license bearing the individual's picture or State identity document also with the individual's picture. (ii) Certificate of Indian Blood, or other U.S. American Indian/Alaska Native tribal document. (iii) A school identification card with a photograph of the individual. (iv) U.S. military card or draft record. (v) Identification card issued by the Federal, State, or local government with the same information included on driver's licenses. (vi) Military dependent's identification card. (vii) Native American Tribal document. (viii) U.S. Coast Guard Merchant Mariner card. (ix) Data matches with other agencies can be used to verify identity such as those with Federal or State governmental, public assistance, law enforcement, or corrections agencies, at the State's option. Such agencies may include food stamps, child support, corrections, including juvenile detention, motor vehicle, or child protective services (D) Special identity rules for children under 16.-- In the case of a child under 16 years of age, the following documents may be used for purposes of establishing identity under subparagraph (C): (i) A clinic, doctor, hospital, or school record. School records may include nursery or daycare records and report cards. If the State accepts such records, it must verify them with the issuing school. (ii) If no previous document is available, an affidavit may be used. An affidavit is only acceptable if it is signed under penalty of perjury by a parent, guardian, or caretaker relative stating the date and place of the birth of the child. (c) Definitions.--In this section: (1) The term ``SCHIP'' means the program under title XXI of the Social Security Act. (2) The term ``TAA'' means the program of trade adjustment assistance under chapter 2 of title II of the Trade Act of 1974. (3) The term ``ATAA'' means the program of alternative trade adjustment assistance under 246 of the Trade Act of 1974.
Requires any applicant for benefits under title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act, the trade adjustment assistance (TAA) program under the Trade Act of 1974 (TA74), or the alternative trade adjustment assistance program (ATAA) under TA74 to present satisfactory documentation providing both citizenship and identity as a condition of receiving benefits under such programs.
{"src": "billsum_train", "title": "To require those applying for, and renewing, SCHIP, TAA, and ATAA benefits to present documentation proving both citizenship and identity in order to receive those benefits."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Survivors Act''. SEC. 2. PRESERVATION OF DOCUMENTARY EVIDENCE OF DEPARTMENT OF DEFENSE ON INCIDENTS OF SEXUAL ASSAULT AND SEXUAL HARASSMENT IN THE MILITARY. (a) Identification of Means of Preservation.-- (1) In general.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, identify the most appropriate and effective means for the preservation by the Department of Defense of documentary evidence of the Department on covered incidents of sexual assault and sexual harassment during the life of the victims of such incidents. The means so identified shall be a single means that is used uniformly by all the military departments. (2) Documentary evidence.--For purposes of this section, documentary evidence on covered incidents of sexual assault and sexual harassment means the following: (A) All forms, reports, or other documents, whether in paper or electronic form, currently generated by the Department of Defense at the time of, or otherwise in connection with, a report or allegation regarding a covered incident of sexual assault or sexual harassment. (B) Such other form, report, or document as may be established by the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, for purposes of compliance with the requirements of this section as a result of the work of the joint task force under paragraph (6). (3) Requirements for means identified.--The means for the preservation of documentary evidence identified under this subsection shall ensure the following: (A) The preservation by the Department of Defense of documentary evidence of the Department on covered incidents of sexual assault and sexual harassment during the life of the victims of such incidents. (B) The full protection of the privacy of the victims, including, where applicable, the preservation of the nature of the documentary evidence as restricted or unrestricted. (C) Lifetime access of the victim to the documentary evidence, whether or not while a member of the Armed Forces, including for purposes of the submittal or development of a claim for benefits from the Department of Veterans Affairs and for use in a criminal or civil proceeding in connection with a covered incident of sexual assault or sexual harassment. (D) On-going access by the Department of Defense to the documentary evidence (with personal identifying information redacted in the case of restricted reports) for purposes of research, reporting, and training by the Department regarding incidents of sexual assault and sexual harassment and for such other purposes as the Secretary of Defense considers appropriate. (E) On-going access by the Department of Veterans Affairs to the documentary evidence for purposes of assisting an individual in the submittal or development of a claim for benefits from the Department, but only if the individual expressly authorizes such access by the Department for such purposes. (4) Method of preservation.--The means for the preservation of documentary evidence identified under this subsection shall provide for the preservation of such evidence in digitized, electronic form. (5) Utilization of current means of preservation.--The means for the preservation of documentary evidence identified under this subsection may utilize or incorporate elements of databases or other means of document preservation currently employed by the Department of Defense, subject to the requirements of this subsection. (6) Joint task force on superseding form.-- (A) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall establish a joint task force for purposes of recommending to the Secretary of Defense whether or not to establish under paragraph (2)(B) a form, report, or document to be generated by the Department of Defense in lieu of the forms, reports, and documents described in paragraph (2)(A). The task force shall be composed of officers and employees of the Department of Defense and the Department of Veterans Affairs appointed to the task force by the Secretary of Defense and the Secretary of Veterans Affairs, as applicable. (B) Report.--The joint task force shall submit to the Secretary of Defense and the Secretary of Veterans Affairs a report setting forth the recommendation of the task force under subparagraph (A). If the recommendation is to establish a form, report, or document, the report shall include a proposal for such form, report, or document. (7) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the means for the preservation of documentary evidence in covered incidents of sexual assault and sexual harassment identified under this subsection. The report shall set forth the following: (A) A comprehensive description of the means for the preservation of documentary evidence identified under this subsection. (B) A description of the work of the joint task force under paragraph (6), including the form, report, or document, if any, to be established under paragraph (2)(A) as a result of such work. (C) A plan for the implementation of the means so identified by the Department of Defense. (D) Such recommendations for additional legislative or administrative action as the Secretary considers appropriate. (b) Implementation of Identified Means of Preservation.-- (1) In general.--The Secretary of Defense shall provide for the implementation by the military departments of the means for the preservation of documentary evidence on covered incidents of sexual assault and sexual harassment identified under subsection (a) by not later than 18 months after the date of the enactment of this Act. If the Secretary establishes a form, report, or document under subsection (a)(2)(B), the means so implemented shall provide for the preservation of such evidence utilizing such form, report, or document. (2) Interim means.--If the means for the preservation of documentary evidence identified under subsection (a) is not fully implementable by the deadline specified in paragraph (1), the Secretary shall implement such means to the extent practicable, but may utilize additional appropriate means for the preservation of such evidence (including the preservation of such evidence in paper form) on an interim basis pending the full implementation of such means. (3) Reports.--Not later than one year after the completion of the implementation of the means for the preservation of documentary evidence by the military departments under paragraph (1), and every year thereafter for the next two years, the Secretary of Defense shall submit to Congress a report on the implementation of the means for the preservation of documentary evidence. Each report shall set forth the following: (A) A current description and assessment of the implementation by the military departments of the means for the preservation of documentary evidence. (B) For the one-year period ending on the date of such report, the following: (i) In consultation with the Secretary of Veterans Affairs, a statement of the number of individuals who sought documentary evidence preserved by such means for the submittal or development of a claim for benefits from the Department of Veterans Affairs. (ii) A description and assessment of efforts to inform members of the Armed Forces regarding the preservation of documentary evidence on covered incidents of sexual assault and sexual harassment and of means for accessing evidence so preserved. (C) Such recommendations for additional legislative or administrative action as the Secretary of Defense considers appropriate. (c) Definitions.--In this section: (1) The term ``covered incident of sexual assault or sexual harassment'' means an incident of sexual assault or sexual harassment in which a member of the Armed Forces is the victim. (2) The term ``sexual assault'' means the following: (A) Rape. (B) Sexual assault. (C) Any other sexual misconduct covered by section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice). (D) Sodomy. (E) Any other intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. (F) Any other unwanted sexual contact that is aggravated, abusive, or wrongful, including unwanted and inappropriate sexual contact. (G) Any attempt to commit an act specified in subparagraphs (A) through (F). (3) The term ``sexual harassment'' means sexual discrimination that involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when-- (A) submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of a person's service, pay, or retention or promotion in the Armed Forces; (B) submission to or rejection of such conduct by a person is used as a basis for decisions affecting the person's service, pay, or retention or promotion in the Armed Forces; or (C) such conduct interferes with a person's performance of duty in the Armed Forces or creates an intimidating, hostile, or offensive environment for the performance of such duty.
Support for Survivors Act - Directs the Secretary of Defense to identify the most appropriate and effective means for the preservation by the Department of Defense (DOD) of documentary evidence of incidents of sexual assault or harassment in which a member of the Armed Forces is the victim (covered incidents), which shall be a single means to be used by all the military departments. Requires the means identified to be in electronic form and to include the full protection of the victim's privacy and lifetime access to such evidence. Directs the Secretary and the Secretary of Veterans Affairs (VA) to establish a joint task force to determine whether to establish a documentary evidence form, report, or document in lieu of forms, reports, and documents currently generated by DOD. Requires the Secretary to: (1) report to Congress on the means of preservation identified; and (2) provide for the implementation of such means by the military departments within 18 months after the enactment of this Act.
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SECTION 1. WINTER MOTORIZED ACCESS TRAILS. Section 206 of title 23, United States Code, is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Snowmachine.--The term `snowmachine' means a motorized off-road vehicle intended to operate on snow, and which is propelled by means of a revolving track or tracks.''; and (2) in subsection (d), by adding at the end the following: ``(5) Winter motorized access trails.-- ``(A) Use of funds.-- ``(i) Determination by the secretary.--The Secretary shall annually estimate revenues to the Highway Trust Fund derived from fuel purchased in each State for use in snowmachines, using information submitted by-- ``(I) the Department of Commerce; ``(II) the Department of the Treasury; ``(III) the International Snowmobile Manufacturers Association; and ``(IV) any other appropriate sources. ``(ii) Use of funds.-- ``(I) In general.--Of amounts made available to a State for motorized access under the recreational trails program, not less than the amount that is equal to the revenues derived from fuel purchased for use in the State by snowmachines, as estimated by the Secretary under clause (i), shall be used for activities that enhance winter motorized recreational trails, including-- ``(aa) trails on Bureau of Land Management or National Forest land where such uses are not prohibited by law; and ``(bb) trails designed for diverse uses in other seasons. ``(II) Activities.--A State may use funds under subclause (I) to-- ``(aa) locate, survey, and map winter motorized-use or multiple-use trails; ``(bb) document or secure public rights-of-way for trails; ``(cc) reroute trails where necessary; ``(dd) design and construct new trail routes; ``(ee) link existing trail systems; ``(ff) build trailhead facilities; ``(gg) improve trails for safe travel and multiple uses; ``(hh) establish safety caches of first aid and emergency gear; ``(ii) sign and mark trails; ``(jj) purchase trail building and grooming equipment; and ``(kk) mobilize trail volunteers as maintenance crews, safety patrols, and trail ambassadors. ``(B) Public information campaigns.-- ``(i) In general.--Of the sums available to the Secretary for the administration of and research and technical assistance under the recreational trails program and for administration of the National Recreational Trails Advisory Committee, $50,000 shall be used for each fiscal year for public information campaigns educating the public about, and encouraging, the safe use of snowmachines. ``(ii) Content.--In designing the content of public information campaigns under clause (i), the Secretary shall consult with-- ``(I) representatives of snowmachine manufacturers and users; and ``(II) the Advertising Council.''.
Directs the Secretary of Transportation to annually estimate revenues to the Highway Trust Fund derived from fuel purchased in each State for use in a snowmachine (defined as a motorized off-road vehicle intended to operate on snow, propelled by means of a revolving track or tracks), using information submitted by the Departments of Commerce and Treasury, and the International Snowmobile Manufacturers Association.Requires not less than the amount of such estimated revenues for a State to made available to that State for motorized access under the recreational trails program for activities that enhance winter motorized recreational trails. Sets forth permissible uses of such funds.Directs that $50,000 of the sums available to the Secretary for the administration of and research and technical assistance under the recreational trails program and for administration of the National Recreational Trails Advisory Committee be used each fiscal year for public information campaigns educating the public about, and encouraging, the safe use of snowmachines.
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SECTION 1. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT. Subtitle B of the Violence Against Women Act of 1994 (42 U.S.C. 13701 note; 108 Stat. 1925) is amended by adding at the end the following: ``CHAPTER 11--TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT ``SEC. 40299. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT. ``(a) In General.--The Attorney General, acting in consultation with the Director of the Violence Against Women Office of the Department of Justice, shall award grants under this section to States, units of local government, Indian tribes, and other organizations (referred to in this section as the `recipient') to carry out programs to provide assistance to minors, adults, and their dependents-- ``(1) who are homeless, or in need of transitional housing or other housing assistance, as a result of fleeing a situation of domestic violence; and ``(2) for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. ``(b) Grants.--Grants awarded under this section may be used for programs that provide-- ``(1) short-term housing assistance, including rental or utilities payments assistance and assistance with related expenses such as payment of security deposits and other costs incidental to relocation to transitional housing for persons described in subsection (a); and ``(2) support services designed to enable a minor, an adult, or a dependent of such minor or adult, who is fleeing a situation of domestic violence to-- ``(A) locate and secure permanent housing; and ``(B) integrate into a community by providing that minor, adult, or dependent with services, such as transportation, counseling, child care services, case management, employment counseling, and other assistance. ``(c) Duration.-- ``(1) In general.--Except as provided in paragraph (2), a minor, an adult, or a dependent, who receives assistance under this section shall receive that assistance for not more than 18 months. ``(2) Waiver.--The recipient of a grant under this section may waive the restriction under paragraph (1) for not more than an additional 6 month period with respect to any minor, adult, or dependent, who-- ``(A) has made a good-faith effort to acquire permanent housing; and ``(B) has been unable to acquire permanent housing. ``(d) Application.-- ``(1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. ``(2) Contents.--Each application submitted pursuant to paragraph (1) shall-- ``(A) describe the activities for which assistance under this section is sought; and ``(B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. ``(3) Application.--Nothing in this subsection shall be construed to require-- ``(A) victims to participate in the criminal justice system in order to receive services; or ``(B) domestic violence advocates to breach client confidentiality. ``(e) Report to the Attorney General.-- ``(1) In general.--A recipient of a grant under this section shall annually prepare and submit to the Attorney General a report describing-- ``(A) the number of minors, adults, and dependents assisted under this section; and ``(B) the types of housing assistance and support services provided under this section. ``(2) Contents.--Each report prepared and submitted pursuant to paragraph (1) shall include information regarding-- ``(A) the amount of housing assistance provided to each minor, adult, or dependent, assisted under this section and the reason for that assistance; ``(B) the number of months each minor, adult, or dependent, received assistance under this section; ``(C) the number of minors, adults, and dependents who-- ``(i) were eligible to receive assistance under this section; and ``(ii) were not provided with assistance under this section solely due to a lack of available housing; and ``(D) the type of support services provided to each minor, adult, or dependent, assisted under this section. ``(f) Report to Congress.-- ``(1) Reporting requirement.--The Attorney General, with the Director of the Violence Against Women Office, shall annually prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (e). ``(2) Availability of report.--In order to coordinate efforts to assist the victims of domestic violence, the Attorney General, in coordination with the Director of the Violence Against Women Office, shall transmit a copy of the report submitted under paragraph (1) to-- ``(A) the Office of Community Planning and Development at the United States Department of Housing and Urban Development; and ``(B) the Office of Women's Health at the United States Department of Health and Human Services. ``(g) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section $30,000,000 for each of the fiscal years 2004 through 2008. ``(2) Limitations.--Of the amount made available to carry out this section in any fiscal year, not more than 3 percent may be used by the Attorney General for salaries and administrative expenses. ``(3) Minimum amount.-- ``(A) In general.--Except as provided in subparagraph (B), unless all eligible applications submitted by any States, units of local government, Indian tribes, or organizations within a State for a grant under this section have been funded, that State, together with the grantees within the State (other than Indian tribes), shall be allocated in each fiscal year, not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section. ``(B) Exception.--The United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated not less than 0.25 percent of the total amount appropriated in the fiscal year for grants pursuant to this section.''.
Amends the Violence Against Women Act of 1994 to require the Attorney General to award grants to States, units of local government, Indian tribes, and other organizations to carry out programs to provide short-term housing assistance and related support services to minors, adults, and their dependents: (1) who are homeless, or in need of transitional housing or other housing assistance, as a result of fleeing a situation of domestic violence; and (2) for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. Limits the duration of such assistance to an 18-month period, except that a grant recipient may extend such assistance for an additional six-month period with respect to any minor, adult, or dependent who has been unable to acquire permanent housing despite a good-faith effort to do so.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard and Reservists Debt Relief Act of 2008''. SEC. 2. AMENDMENTS. Section 707(b)(2)(D) of title 11, United States Code, is amended-- (1) in clauses (i) and (ii)-- (A) by indenting the left margin of such clauses 2 ems to the right, and (B) by redesignating such clauses as subclauses (I) and (II), respectively, (2) by striking ``if the debtor is a disabled veteran'' and inserting the following: ``if-- ``(i) the debtor is a disabled veteran'', (3) by striking the period at the end and inserting ``; or'', and (4) by adding at the end the following: ``(ii) while-- ``(I) the debtor is-- ``(aa) on, and during the 540-day period beginning immediately after the debtor is released from, a period of active duty (as defined in section 101(d)(1) of title 10) of not less than 90 days; or ``(bb) performing, and during the 540-day period beginning immediately after the debtor is no longer performing, a homeland defense activity (as defined in section 901(1) of title 32) performed for a period of not less than 90 days; and ``(II) if after September 11, 2001, the debtor while a member of a reserve component of the Armed Forces or a member of the National Guard, was called to such active duty or performed such homeland defense activity.''. SEC. 3. GAO STUDY. (a) Comptroller General Study.--Not later than 2 years after the effective date of this Act, the Comptroller General shall complete and transmit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a study of the use and the effects of the provisions of law amended (and as amended) by this Act. Such study shall address, at a minimum-- (1) whether and to what degree members of reserve components of the Armed Forces and members of the National Guard avail themselves of the benefits of such provisions, (2) whether and to what degree such members are debtors in cases under title 11 of the United States Code that are substantially related to service that qualifies such members for the benefits of such provisions, (3) whether and to what degree such members are debtors in cases under such title that are materially related to such service, and (4) the effects that the use by such members of section 707(b)(2)(D) of such title, as amended by this Act, has on the bankruptcy system, creditors, and the debt-incurrence practices of such members. (b) Factors.--For purposes of subsection (a)-- (1) a case shall be considered to be substantially related to the service of a member of a reserve component of the Armed Forces or a member of the National Guard that qualifies such member for the benefits of the provisions of law amended (and as amended) by this Act if more than 33 percent of the aggregate amount of the debts in such case is incurred as a direct or indirect result of such service, (2) a case shall be considered to be materially related to the service of a member of a reserve component of the Armed Forces or a member of the National Guard that qualifies such member for the benefits of such provisions if more than 10 percent of the aggregate amount of the debts in such case is incurred as a direct or indirect result of such service, and (3) the term ``effects'' means-- (A) with respect to the bankruptcy system and creditors-- (i) the number of cases under title 11 of the United States Code in which members of reserve components of the Armed Forces and members of the National Guard avail themselves of the benefits of such provisions, (ii) the aggregate amount of debt in such cases, (iii) the aggregate amount of debt of such members discharged in cases under chapter 7 of such title, (iv) the aggregate amount of debt of such members in cases under chapter 7 of such title as of the time such cases are converted to cases under chapter 13 of such title, (v) the amount of resources expended by the bankruptcy courts and by the bankruptcy trustees, stated separately, in cases under title 11 of the United States Code in which such members avail themselves of the benefits of such provisions, and (vi) whether and to what extent there is any indicia of abuse or potential abuse of such provisions, and (B) with respect to debt-incurrence practices-- (i) any increase in the average levels of debt incurred by such members before, during, or after such service, (ii) any indicia of changes in debt- incurrence practices adopted by such members in anticipation of benefitting from such provisions in any potential case under such title; and (iii) any indicia of abuse or potential abuse of such provisions reflected in the debt- incurrence of such members. SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect 60 days after the date of the enactment of this Act. (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 in the 3-year period beginning on the effective date of this Act. Passed the House of Representatives June 23, 2008. Attest: LORRAINE C. MILLER, Clerk.
National Guard and Reservists Debt Relief Act of 2008 - Amends federal bankruptcy law to prohibit the bankruptcy court from dismissing or converting a case based on means testing while the debtor: (1) is either on active duty in the military service of the United States or performing a homeland defense activity for at least 90 days, and during the 540 days following the end of such period; and (3) was called to such active duty or performed such homeland defense activity after September 11, 2001, as a member of a reserve component of the Armed Forces or the National Guard. Directs the Comptroller General of the United States to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies such members for such benefits of this Act; and (3) are debtors in federal bankruptcy cases materially related to such service. Requires such study to include the effects that the use by such members of this Act has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prompt Payment of Health Benefit Claims Act of 2000''. SEC. 2. PROMPT PAYMENT OF HEALTH BENEFIT CLAIMS BY GROUP HEALTH PLANS AND HEALTH INSURANCE ISSUERS. (a) Group Health Plans.-- (1) Public health service act amendments.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARD RELATING TO PROMPT PAYMENT OF CLAIMS. ``A group health plan, and a health insurance issuer offering group health insurance coverage, shall-- ``(1) pay the claim to a participant or beneficiary, or make a payment to a health care provider, within 15 business days of the date of the claim or bill for services rendered (in the case of a claim or bill transmitted electronically) or within 30 business days of such date for other claims or bills submitted in writing; and ``(2) shall accept as a clean claim a claim that is submitted consistent with the standards adopted under part C of title XI of the Social Security Act (as added by section 262 of the Health Insurance Portability and Accountability Act of 1996).''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARD RELATING TO PROMPT PAYMENT OF CLAIMS. ``A group health plan, and a health insurance issuer offering group health insurance coverage, shall-- ``(1) pay the claim to a participant or beneficiary, or make a payment to a health care provider, within 15 business days of the date of the claim or bill for services rendered (in the case of a claim or bill transmitted electronically) or within 30 business days of such date for other claims or bills submitted in writing; and ``(2) shall accept as a clean claim a claim that is submitted consistent with the standards adopted under part C of title XI of the Social Security Act (as added by section 262 of the Health Insurance Portability and Accountability Act of 1996).''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standard relating to prompt payment of claims.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standard relating to prompt payment of claims.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. STANDARD RELATING TO PROMPT PAYMENT OF CLAIMS. ``A group health plan shall-- ``(1) pay the claim to a participant or beneficiary, or make a payment to a health care provider, within 15 business days of the date of the claim or bill for services rendered (in the case of a claim or bill transmitted electronically) or within 30 business days of such date for other claims or bills submitted in writing; and ``(2) shall accept as a clean claim a claim that is submitted consistent with the standards adopted under part C of title XI of the Social Security Act (as added by section 262 of the Health Insurance Portability and Accountability Act of 1996).''. (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING PATIENT FREEDOM OF CHOICE. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2001. (2) Individual health insurance coverage.--The amendment made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2001. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. SEC. 3. PROMPT PAYMENT BY MEDICARE+CHOICE ORGANIZATIONS IN ALL LINES OF BUSINESS. (a) In General.--Section 1857(f)(1) of the Social Security Act (42 U.S.C. 1395w-27(f)(1)) is amended by inserting ``and to individuals enrolled with the organization through other lines of business (including private health benefits coverage)'' after ``to enrollees pursuant to the contract''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contract years beginning on or after Janaury 1, 2001.
Amends the PHSA to apply such payment standards to health insurance coverage offered by issuers in the individual market in the same manner as applied to group coverage. Provides for coordination between the Secretaries of Labor, Treasury, and Health and Human Services with respect to the administration of this Act. Amends title XVIII (Medicare) of the SSA to require Medicare+Choice organizations to provide prompt payment of claims submitted for services and supplies furnished to individuals enrolled with such organizations through other lines of business (including private health benefits coverage).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreation Fee Authority Act of 2000''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means-- (A) the National Park Service; (B) the United States Fish and Wildlife Service; (C) the Bureau of Land Management; (D) the Bureau of Reclamation; and (E) the Forest Service. (2) Secretary.--The term ``Secretary'' means-- (A) with respect to the Department of the Interior, the Secretary of the Interior, acting through-- (i) the Director of the National Park Service; (ii) the Director of the United States Fish and Wildlife Service; (iii) the Director of the Bureau of Land Management; or (iv) the Commissioner of Reclamation; and (B) with respect to the Department of Agriculture, the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 3. RECREATIONAL FEE PROGRAM. (a) In General.--Notwithstanding section 4 of the Land and Water Conservation Fund Act (16 U.S.C. 460l-6a), effective beginning on October 1, 2001, the Secretary-- (1) may establish, charge, and collect fees for-- (A) admission to an area, site, or project on land under the jurisdiction of an agency; and (B) the use of a recreation area, site, facility, visitor center, equipment, and service (including a reservation) of an agency by an individual or a group; (2) in establishing a fee under this Act, shall-- (A) ensure, to the maximum extent practicable, that the fee is fair and equitable, by taking into consideration-- (i) the direct and indirect cost of the fee to the Federal Government; (ii) the revenue benefits to the Federal Government; (iii) the benefits to the visitor derived from fees; (iv) the cumulative effect of fees charged to the public; (v) the public policy or management objectives served by charging the fee; (vi) the comparable recreation fees charged by other public agencies; (vii) the economic and administrative feasibility of fee collection; and (viii) other pertinent factors; and (B) require that any implementation or alteration of a recreation fee shall be approved in advance by a board of review, to be appointed by the Secretary; (3) may enter into contracts, which may provide for reasonable commissions or reimbursements, with any public or private entity to provide fee collection and processing services; (4) may authorize the use of volunteers to collect fees charged under paragraph (1); (5) may sell and accept-- (A) Golden Eagle Passports, Golden Age Passports, and Golden Access Passports, established under paragraphs (1), (4), and (5), respectively, of section 4(a) of the Land and Water Conservation Fund Act (16 U.S.C. 460l-6a); and (B) National Park Passports established under section 602 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5992); and (6) may develop, sell, and accept single or multiagency passports. (b) Cooperative Agreements.--The Secretary may enter into cooperative agreements with other Federal agencies and State, local, and tribal governments to collect fees at areas, sites, or projects located on land and water under the jurisdiction of the Secretary or the other Federal agency, State, local, or tribal government. (c) Discounted or Free Admission or Use.--In establishing a fee under this Act, the Secretary may provide discounted or free admission or use, as determined to be appropriate by the Secretary, for individuals or groups including-- (1) persons 17 years of age or younger; (2) volunteers; (3) groups from schools or other bona fide educational institutions in cases in which admission or use is for educational purposes; and (4) other entities or individuals that the Secretary determines to be appropriate. (d) Administration.--The Secretary may promulgate such regulations as are necessary to carry out this Act. (e) Distribution of Receipts.-- (1) In general.--Fees collected under subsection (a) shall-- (A) be deposited in a special account in the Treasury established for each agency that collects fees under this Act; and (B) remain available to the Secretary without further Act of appropriation until expended. (2) Distribution.-- (A) In general.--Not less than 80 percent of amounts collected as fees at a specific area, site, or project, as determined by the Secretary, shall remain available for use at the specific area, site, or project at which the fees were collected. (B) Use of fees at noncollection sites.-- (i) In general.--The amounts collected as fees at a specific area, site, or project that are not distributed in accordance with subparagraph (A) shall remain available for use by each agency that collected the fees, on an agency-wide basis. (ii) Use by agency.--Amounts under clause (i) shall be distributed for use in accordance with subsection (f)(1) to units of each agency having the greatest need for funds, as determined by the Secretary. (C) Disbursement under cooperative agreement.-- (i) In general.--A cooperative agreement described in subsection (b) may provide for an initial disbursement of fees collected under the agreement to parties to the agreement. (ii) Remaining amounts.--Fees collected under clause (i) that are retained by an agency shall be distributed under subparagraphs (A) and (B). (f) Expenditures.-- (1) In general.--Amounts available under subsection (e)(2)(A) for expenditure at a specific area, site, or project-- (A) shall be accounted for separately; and (B) may be used for-- (i) repair, maintenance, facility enhancement, and infrastructure (including projects relating to visitor enjoyment, visitor health and safety, visitor access, and environmental compliance); (ii) interpretation, visitor information, visitor services, and signage; (iii) enhancement of habitat; (iv) assessment, protection, preservation, and restoration of natural, cultural, and historical resources; (v) law enforcement relating to public use; and (vi) direct operating or capital costs associated with the fee system authorized by this Act, including-- (I) the costs of fee collections; (II) the costs of notification of fee requirements; (III) the costs of direct infrastructure; (IV) fee management administrative costs; (V) the costs of the bonding of volunteers; (VI) start-up costs; and (VII) the costs of analysis and reporting of program accomplishments and impacts. (2) Remaining amounts.--Amounts available under subsection (e)(2)(B) for expenditure agency-wide-- (A) shall be accounted for separately; and (B) may be used for the purposes described in paragraph (1) for areas, sites, or projects selected by each agency. (3) Prioritization of projects.--In prioritizing expenditures under this subsection for projects, an agency should give high priority to deferred maintenance projects. (g) Signage and Information at Recreation Fee Project Sites.-- (1) In general.--The Secretary shall develop, and require the display of, uniform signage at each unit where work is being performed or services are being provided using recreation fee revenues. (2) Use.--Signs developed under paragraph (1) shall-- (A) inform park visitors of examples of their ``recreation fees at work''; (B) include a contact number and an Internet address where the public may access additional information about the recreation fee program; and (C) be presented in such a way as to inform visitors that recreation fees-- (i) are used at the site from which they are collected; and (ii) are appreciated by the agency and other visitors. (h) Enforcement and Protection of Receipts.-- (1) In general.-- (A) Enforcement.--The Secretary shall enforce payment of the fees authorized by this section. (B) Evidence of nonpayment.--If the display of proof of payment of a fee, or the payment of a fee within a certain time period, is required, failure to display the proof or pay within the time specified shall be considered prima facia evidence of nonpayment. (C) Vehicular violations.--The registered owner and occupants of a vehicle charged for a violation involving the vehicle shall be jointly liable for penalties imposed under this subsection, unless the owner can show that the vehicle was used without the express or implied permission of the owner. (2) Fee collection devices.--It shall be unlawful for a person to-- (A) break into; (B) tamper with; or (C) attempt to break into; with the intent to commit larceny, any device or structure used, in whole or in part, to collect or store fees under this Act. (3) Penalty.-- (A) In general.--A violation relating to a payment of a fee described in paragraph (1) shall be punishable as a Class B misdemeanor. (B) Fee collection devices.--A violation of paragraph (2) shall be punishable-- (i) as a Class B misdemeanor, if the violation results in a loss to the Federal Government in an amount that is less than $10,000; or (ii) as a Class A misdemeanor, if the violation results in a loss to the Federal Government in an amount of $10,000 or more. (i) Funds for Operation and Maintenance.--Income derived from fees collected under this Act shall not be used to displace any funds requested in any budget submission for-- (1) the National Park Service; (2) the United States Fish and Wildlife Service; (3) the Bureau of Land Management; or (4) the Bureau of Reclamation. (j) No Accounting as Revenue Allocations.--Amounts collected under this section shall not be taken into account for purposes of-- (1) section 33 of the Act of July 22, 1937 (commonly known as the ``Bankhead-Jones Farm Tenant Act'') (7 U.S.C. 1012); (2) the Act of May 23, 1908 (16 U.S.C. 500); (3) section 13 of the Act of March 1, 1911 (commonly known as ``Weeks Law'') (16 U.S.C. 500); (4) the Act of March 4, 1913 (16 U.S.C. 501 et seq.); (5) section 401 of the Act of June 15, 1935 (16 U.S.C 715s); (6) chapter 69 of title 31, United States Code; (7) the Act of June 14, 1926 (43 U.S.C. 869-4); (8) section 6 of the Act of May 24, 1939 (43 U.S.C. 1181f et seq.); (9) title II of the Act of August 8, 1937 (43 U.S.C. 1181f- 1 et seq.); and (10) any other provision of law relating to revenue allocations.
Requires at least 80 percent of the fees collected at an area to remain available for use at that area. Provides penalties for the nonpayment of fees.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Landslide Loss Reduction Act''. SEC. 2. FINDINGS. Congress finds the following: (1) While landslides can and do occur in every State and territory of the United States, the type, including sink holes, ground fissures, and subsidence, the severity, and frequency of landslides vary from place to place, depending on the terrain, geology, seismicity and climate. (2) Landslides in the United States cause an estimated $3,000,000,000 in damage each year, and that estimation could be improved through better tracking of landslide occurrences and losses. (3) The most recent official estimate of deaths from landslides in the United States was in 1985, and it found that landslides kill an estimated 25 to 50 people each year. (4) On March 22, 2014, a massive landslide near Oso, Washington, killed 43 people, engulfed 42 homes, and severely damaged public infrastructure and private property. (5) There is no collective landslide inventory for most counties, States, or the United States, nor is there an agreed- upon methodology for creating one, since the availability of Light Detection and Ranging (LIDAR), a powerful tool for creating landslide inventories, is uneven and the quality is highly variable. (6) Because landslide hazard analysis continues to evolve, developing analysis methods is an important element of technical assistance for nongovernmental entities and State and local governments. SEC. 3. NATIONAL LANDSLIDE HAZARDS REDUCTION PROGRAM. (a) Establishment.--The Secretary of the Interior, acting through the Director of the United States Geological Survey, shall establish a national program to identify landslide hazards and reduce losses from landslides through activities under this section. (b) USGS Program Activities.--The Secretary of the Interior, acting through the Director of the United States Geological Survey, shall-- (1) develop a national strategy for research on landslides and landslide hazards; (2) develop and maintain a landslide hazard assessment system to identify, map, and assess landslide hazards; (3) in coordination with the State Geological Surveys, USGS shall conduct Federal-State working groups to establish regional priorities for identifying, mapping, and assessing landslide hazards as well as develop and implement guidelines for geologists and geological and geotechnical engineers; (4) develop and maintain a national landslide hazard inventory database; (5) compile, maintain, and evaluate data on-- (A) the nationwide impact of landslides on health and safety, the economy, and the environment; and (B) landslide hazard stabilization and reduction of losses from landslides; and (6) in coordination with the Assistant Administrator for Weather Services for the National Oceanic and Atmospheric Administration and Director, National Weather Service, the Administrator of the Federal Emergency Management Agency, and State Geological Surveys, develop and disseminate guidelines and training materials for planners and decisionmakers on the use of the landslide hazard assessment system and on reducing losses from landslides. (c) National Weather Service Activities.--The Secretary of Commerce, acting through the Assistant Administrator for Weather Services for the National Oceanic and Atmospheric Administration and Director, National Weather Service, in consultation with others qualified to provide advice, as necessary, shall develop and disseminate landslide-related curricula and training modules for State and local elected and appointed officials and Federal, State, local, and tribal emergency managers. (d) Interagency Coordinating Committee on Landslides.-- (1) In general.--There is established an Interagency Coordinating Committee on Landslides (in this subsection referred to as the ``Committee'') chaired by the Director of the United States Geological Survey. (2) Membership.--The Committee shall be composed of the Directors, or their designees, of-- (A) the Federal Emergency Management Agency; (B) the National Science Foundation; (C) the National Institute of Standards and Technology; (D) the Office of Science and Technology Policy; (E) the National Weather Service; and (F) the Office of Management and Budget. (3) Meetings.--The Committee shall meet not less than 3 times a year at the call of the chair. (4) Purpose and duties.--The Committee shall-- (A) oversee the planning, management, and coordination of the program established under subsection (a); (B) develop, not later than 6 months after the date of the enactment of this Act, and update periodically-- (i) a strategic plan that establishes goals and priorities for such program; and (ii) a detailed management plan to implement such strategic plan; and (C) develop a coordinated interagency budget for such program. (5) Annual report.--The Committee shall transmit an annual report to Congress which shall include-- (A) the budget developed under paragraph (4)(C), reported by agency and by each goal established under paragraph (4)(B)(i); (B) a description of the activities of the Committee under this subsection and the results of such activities during the previous year; and (C) a description of the extent to which any recommendations of the Advisory Committee have been implemented. (6) Advisory committee.-- (A) In general.--The Director of the United States Geological Survey shall establish an Advisory Committee on Landslides (in this subsection referred to as the ``Advisory Committee''). (B) Membership.--There shall be at least 11 members of the Advisory Committee, none of whom may be an individual described in subparagraphs (A) through (F) of section 7342(a)(1) of title 5, United States Code. The Advisory Committee shall include representatives of-- (i) State geologists; (ii) research and academic institutions who are qualified to provide advice on landslide hazards reduction and represent all related scientific, architectural, and engineering disciplines; (iii) industry standards development organizations; and (iv) State, local, and tribal emergency management agencies. (C) Recommendations.--The Advisory Committee may submit recommendations to the Committee, which shall consider any recommendations so submitted. (e) Grant Programs.-- (1) Cooperative landslide hazard mapping and assessment program.-- (A) In general.--The Secretary of the Interior shall make grants, administered through the United States Geological Survey, on a competitive basis to support the efforts of State and local governments to map and assess landslide hazards within the jurisdictions of such governments. (B) Priority.-- (i) In general.--The Secretary shall consult annually with State Geological Surveys to establish priorities for the grant program established under this paragraph. (ii) Matching fund prioritization.--The Secretary shall prioritize a grant for a project under this paragraph to an entity that provides such assurances as the Secretary considers necessary that the entity will receive up to 50 percent of the total cost of the project from non-Federal sources. (C) Authorization of appropriations.--There are authorized to be appropriated to the Secretary $8,000,000 for fiscal year 2017 and each fiscal year thereafter to carry out this paragraph. (2) Partnerships for landslide loss reduction program.-- (A) In general.--The Secretary of the Interior, working with the National Science Foundation, shall make grants, on a competitive basis, to support efforts by institutions of higher education, State and local governments, and nongovernmental entities to research landslides. (B) Authorization of appropriations.--There are authorized to be appropriated $10,400,000 for fiscal year 2017 and each fiscal year thereafter to carry out this paragraph. (3) Annual reports.--The Secretary of the Interior shall annually submit to Congress a report on the grants awarded under this subsection with respect to a year, including the following information: (A) A list of activities under such grants during such year. (B) The results of such activities.
National Landslide Loss Reduction Act This bill requires the U.S. Geological Survey (USGS) to establish a national program to identify landslide hazards and reduce losses from landslides. The USGS shall: develop a national strategy for research on landslides and landslide hazards; develop and maintain a landslide hazard assessment system and a national landslide hazard inventory database; in coordination with state geological surveys, conduct federal-state working groups to establish regional priorities for identifying, mapping, and assessing hazards and develop and implement guidelines for geologists and geological and geotechnical engineers; compile, maintain, and evaluate data on landslide hazard stabilization and reduction of losses and on the nationwide impact of landslides on health and safety, the economy, and the environment; and in coordination with the National Oceanic and Atmospheric Administration (NOAA), the National Weather Service (NWS), the Federal Emergency Management Agency (FEMA), and state geological surveys, develop and disseminate guidelines and training materials (in coordination with specified entities) for planners and decision makers on the use of the system and reducing losses from landslides. NOAA and the NWS shall develop and disseminate landslide-related curricula and training modules for state and local officials and emergency managers. The bill establishes an Interagency Coordinating Committee on Landslides and an Advisory Committee on Landslides. The Department of the Interior shall make grants to support: (1) state and local government efforts to map and assess landslide hazards; and (2) efforts by institutions of higher education, state and local governments, and nongovernmental entities to research landslides.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian and Alaska Native Foster Care and Adoption Services Amendments of 2003''. SEC. 2. AUTHORITY OF INDIAN TRIBES TO RECEIVE FEDERAL FUNDS FOR FOSTER CARE AND ADOPTION ASSISTANCE. (a) Children Placed in Tribal Custody Eligible for Foster Care Funding.--Section 472(a)(2) of the Social Security Act (42 U.S.C. 672(a)(2)) is amended-- (1) by striking ``or (B)'' and inserting ``(B)''; and (2) by inserting before the semicolon the following: ``, or (C) an Indian tribe (as defined in section 479B(e)) or an intertribal consortium if the Indian tribe or consortium is not operating a program pursuant to section 479B and (i) has a cooperative agreement with a State pursuant to section 479B(c) or (ii) submits to the Secretary a description of the arrangements (jointly developed or developed in consultation with the State) made by the Indian tribe or consortium for the payment of funds and the provision of the child welfare services and protections required by this title''. (b) Programs Operated by Indian Tribal Organizations.--Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by adding at the end the following: ``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS. ``(a) Application.--Except as provided in subsection (b), this part shall apply to an Indian tribe that elects to operate a program under this part in the same manner as this part applies to a State. ``(b) Modification of Plan Requirements.-- ``(1) In general.--In the case of an Indian tribe submitting a plan for approval under section 471, the plan shall-- ``(A) in lieu of the requirement of section 471(a)(3), identify the service area or areas and population to be served by the Indian tribe; and ``(B) in lieu of the requirement of section 471(a)(10), provide for the approval of foster homes pursuant to tribal standards and in a manner that ensures the safety of, and accountability for, children placed in foster care. ``(2) Determination of federal share.-- ``(A) Per capita income.-- ``(i) In general.--For purposes of determining the Federal medical assistance percentage applicable to an Indian tribe under paragraphs (1) and (2) of section 474(a), the calculation of an Indian tribe's per capita income shall be based upon the service population of the Indian tribe as defined in its plan in accordance with paragraph (1)(A). ``(ii) Consideration of other information.--An Indian tribe may submit to the Secretary such information as the Indian tribe considers relevant to the calculation of the per capita income of the Indian tribe, and the Secretary shall consider such information before making the calculation. ``(B) Administrative expenditures.--The Secretary shall, by regulation, determine the proportions to be paid to Indian tribes pursuant to section 474(a)(3), except that in no case shall an Indian tribe receive a lesser proportion than the corresponding amount specified for a State in that section. ``(C) Sources of non-federal share.--An Indian tribe may use Federal or State funds to match payments for which the Indian tribe is eligible under section 474. ``(3) Modification of other requirements.--Upon the request of an Indian tribe or tribes, the Secretary may modify any requirement under this part if, after consulting with the Indian tribe or tribes, the Secretary determines that modification of the requirement would advance the best interests and the safety of children served by the Indian tribe or tribes. ``(4) Consortium.--The participating Indian tribes of an intertribal consortium may develop and submit a single plan under section 471 that meets the requirements of this section. ``(c) Cooperative Agreements.--An Indian tribe or intertribal consortium and a State may enter into a cooperative agreement for the administration or payment of funds pursuant to this part. In any case where an Indian tribe or intertribal consortium and a State enter into a cooperative agreement that incorporates any of the provisions of this section, those provisions shall be valid and enforceable. Any such cooperative agreement that is in effect as of the date of enactment of this section, shall remain in full force and effect subject to the right of either party to the agreement to revoke or modify the agreement pursuant to the terms of the agreement. ``(d) Regulations.--Not later than 1 year after the date of enactment of this section, the Secretary shall, in full consultation with Indian tribes and tribal organizations, promulgate regulations to carry out this section. ``(e) Definitions of Indian Tribe; Tribal Organizations.--In this section, the terms `Indian tribe' and `tribal organization' have the meanings given those terms in subsections (e) and (l) of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), respectively.''. (c) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act without regard to regulations to implement such amendments being promulgated by such date.
Indian and Alaska Native Foster Care and Adoption Services Amendments of 2003 - Amends title IV part E of the Social Security Act (Foster Care and Adoption Assistance) to authorize an Indian tribe or intertribal consortium meeting certain requirements to receive Federal foster care maintenance payments for children placed in its custody.Prescribes procedural guidelines for foster care programs operated by Indian tribal organizations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mississippi Interstate Cooperative Resource Agreement Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) several rivers flow between, or are common to, two or more State boundaries; (2) in many cases, there is not a single entity which has complete jurisdictional responsibility for the fishery resources in these rivers; (3) a strong partnership between Federal and State governmental authorities and citizen groups is vital in coordinating and facilitating cooperative research and in resolving problems associated with large river ecosystems; (4) many fishery management problems are caused by federally regulated activities (including activities resulting in point and nonpoint pollution) and federally constructed projects (including dams and navigation facilities); (5) in some rivers, the once rich assemblages of fish fauna and diverse habitats have been lost and formerly abundant native fish now exist only as endangered or depleted populations; (6) without positive management actions, native species in some rivers will continue to decline, fostering even greater conflicts among water users; (7) construction of waterway developments (including navigation, flood control, water level fluctuation, power generation, irrigation, and general water depletion projects) is accelerating and increasingly degrading large river ecosystems nationwide; (8) the United States public will face reduced opportunities for recreational, commercial, subsistence, and aesthetic uses of river systems without demonstrable change in management strategies in the near future; (9) several programs have been proposed or are underway to resolve conflicts in these management strategies; (10) in one of these programs, Federal, State, and local fishery resource managers in the Mississippi River drainage basin have entered into the Mississippi Interstate Cooperative Resource Agreement under which the managers share information, resources, facilities, and funding for preparation, development, and implementation of long-range strategic plans for management of the drainage basin's interjurisdictional fishery resources; (11) the Mississippi Interstate Cooperative Resource Agreement merits detailed evaluation as a model for the development of long-range strategic plans for the management of interjurisdictional rivers fishery resources; and (12) to ensure that these programs are appropriately coordinated and to conserve the fishery resources in interjurisdictional rivers, there is a need for strategies to improve coordination, cooperation, research, and information sharing. SEC. 3. MISSISSIPPI INTERSTATE COOPERATIVE RESOURCE AGREEMENT. (a) Evaluation.--The Secretary, in cooperation with the Mississippi Interstate Cooperative Resource Association, shall conduct a pilot test of the Mississippi Interstate Cooperative Resource Agreement. (b) Contents.--A pilot test conducted under this section may include, among other matters, the following: (1) Identification and description of each of the river ecosystems of the Mississippi River drainage system and the associated fishery resources and fish habitats of such river ecosystems. (2) Identification and description of-- (A) the known impacts, on fishery resources of the Mississippi River drainage basin, of agriculture, navigation, flood control, power generation, irrigation, and municipal water supply projects, including the impacts of nonpoint source pollution, dredging, channel maintenance, water level management, sediment and contaminant transport, vessel traffic, water withdrawal, and changes in salinity and various hydrologic conditions; and (B) techniques for mitigating those impacts. (3) Analysis of existing resource data with regard to regional depletion of important fish stocks (including paddlefish, lake sturgeon, walleye, and other high priority nonanadromous species) and the potential for restoration of such fish stocks. (4) Identification of major information gaps and technological needs to improve the cooperative management of interjurisdictional fishery resources. (5) A comprehensive study of the status, and the management, research, and restoration needs, of the interjurisdictional fishery resources of the Mississippi River drainage system. (6) Development of recommendations regarding the scope, schedule, regional priorities, and roles of participants in the Mississippi Interstate Cooperative Resource Agreement for undertaking cooperative management and research projects. (7) Development of plans and testing projects for the restoration and enhancement of depleted fish stocks (including lake sturgeon, paddlefish, walleye, and other high priority nonanadromous species) and associated habitats of such fish stocks. (8) Evaluation of the feasibility and expected success of the program under the Mississippi Interstate Cooperative Resource Agreement and the merits of extending such program of cooperative management strategy to other interjurisdictional river basins in the United States. (9) Estimates of funds required to implement recommendations and plans developed under paragraphs (6), (7), and (8). (c) Report to Congress.--Not later than 36 months after the date of the enactment of this Act, the Secretary shall transmit to the Congress a report containing the evaluation of the pilot test to be conducted under this section. SEC. 4. PAYMENT OF ASSISTANCE. The Secretary may use amounts available to carry out this Act to pay assistance to the Mississippi Interstate Cooperative Resource Association, for costs it incurs in participating in the pilot test under section 3. SEC. 5. DEFINITIONS. For the purpose of this Act, the following definitions apply: (1) Interjurisdictional fishery resources.--The term ``interjurisdictional fishery resources'' means fishery resources and associated aquatic habitats that depend on interjurisdictional rivers and are under the management of two or more governmental entities. (2) Interjurisdictional river.--The term ``interjurisdictional river'' means a river that flows along the boundary of, or is common to, two or more States. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (4) State fish and wildlife agency.--The term ``State Fish and Wildlife Agency'' includes any State department or agency, or a part thereof, that is empowered under the laws of the State to exercise the functions ordinarily exercised by a State fish and wildlife agency. (5) The mississippi interstate cooperative resource association.--The term ``Mississippi Interstate Cooperative Resource Association'' means the association comprised of the States and entities that are signatories to the Mississippi Interstate Cooperative Resource Agreement.
Mississippi Interstate Cooperative Resource Agreement Act of 1996 - Mandates a pilot test and report to the Congress regarding the Mississippi Interstate Cooperative Resource Agreement. Allows the test to include examination of: (1) Mississippi River drainage system ecosystems and fishery resources and habitats; (2) the impacts of specified factors on fishery resources; (3) existing resource data; (4) major information gaps and technological needs; (5) interjurisdictional fishery resources; (6) cooperative management and research projects; (7) restoration of depleted stocks and habitats; (8) the feasibility of the program; and (9) the funds required. Allows use of amounts available to carry out this Act to pay assistance to the Mississippi Interstate Cooperative Resources Association for pilot test costs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Oversight of Iran's Access to Finance Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Under the Joint Comprehensive Plan of Action (JCPOA), informally known as the Iran nuclear deal, the Obama administration agreed to license the sale of commercial passenger aircraft to Iran, the world's foremost state sponsor of terrorism and a jurisdiction of primary money laundering concern. (2) In April 2015, prior to the adoption of the JCPOA, Secretary of the Treasury Jacob Lew, in publicly advocating for its provisions, stated: ``Make no mistake: deal or no deal, we will continue to use all our available tools, including sanctions, to counter Iran's menacing behavior. Iran knows that our host of sanctions focused on its support for terrorism and its violations of human rights are not, and have never been, up for discussion.''. (3) In March 2016 remarks to the Carnegie Endowment for International Peace, Secretary Lew, in reference to U.S. commitments under the JCPOA, stated: ``While we have lifted the nuclear sanctions, we continue to enforce sanctions directed at support for terrorism and regional destabilization, and missile and human rights violations.''. (4) In an April 2016 forum at the Council on Foreign Relations, Secretary Lew stated that, under the JCPOA, the U.S. committed to lifting its nuclear sanctions, ``but the U.S. financial system is not open to Iran, and that is not something that is going to change''. (5) In September 2016, the Department of the Treasury's Office of Foreign Assets Control (OFAC) issued licenses permitting the export of up to 97 aircraft for use by Iran Air, the Islamic Republic of Iran's flagship state-owned carrier. These licenses included authorization for U.S. financial institutions ``to engage in all transactions necessary to provide financing or other financial services'' in order to effectuate the sales. In November 2016, OFAC licensed an additional 106 aircraft for purchase by Iran Air, which are also eligible for financing authorized by OFAC. (6) The Department of the Treasury had sanctioned Iran Air in 2011 for its use of commercial passenger aircraft to transport rockets, missiles, and other military cargo on behalf of the Islamic Revolutionary Guard Corps (IRGC) and Iran's Ministry of Defense and Armed Forces Logistics, both of which had been designated under Executive Order No. 13382 for weapons proliferation-related activities. In October 2017, the IRGC went on to be designated under Executive Order No. 13224 for its support of the IRGC-Qods Force, which has provided support to terrorist groups such as Hizballah, Hamas, and the Taliban. (7) Among Iran Air's sanctionable activities, the airline delivered missile or rocket components to the Assad government in Syria, which like Iran is classified as a state sponsor of terrorism. (8) The Assad regime is responsible for a civil conflict that has claimed an estimated 400,000 lives, including through the government's deployment of chemical weapons and barrel bombs against unarmed civilians and children. (9) Despite being delisted in 2016, Iran Air has continued to fly known weapons resupply routes to government-controlled areas of Syria. According to research by the Foundation for Defense of Democracies, between Implementation Day of the JCPOA on January 16, 2016, and May 4, 2017, Iran Air operated at least 134 flights to Syria, which included stops in Abadan, Iran, a suspected IRGC logistical hub for airlifts to the Assad regime. (10) In November 2016 correspondence to the Chairman of the House Committee on Financial Services, the Department of the Treasury noted that the commitment to delist Iran Air under the JCPOA ``does not affect our ability to designate, or re- designate, any Iranian airline that engages in sanctionable activity. The United States retains the ability to designate any individual or entity that engages in sanctionable activities under our authorities targeting conduct outside the scope of the JCPOA, including Iran's support for terrorism, human rights abuses, ballistic missile program, and other destabilizing activities in the region.''. (11) In April 2017, Iran announced a deal for Aseman Airlines to purchase up to 60 commercial aircraft, a transaction that would require authorization by OFAC. Aseman Airlines' chief executive officer, Hossein Alaei, has for decades served as a senior member of the IRGC. SEC. 3. CERTIFICATIONS FOR AIRCRAFT-RELATED TRANSACTIONS BY UNITED STATES AND FOREIGN FINANCIAL INSTITUTIONS. (a) In General.--Not later than 30 days after authorizing a transaction by a United States or foreign financial institution in connection with the export or re-export of a commercial passenger aircraft to Iran (or, for an authorization made after January 16, 2016, but before the date of the enactment of this Act, not later than 60 days after such date of enactment), and every 180 days thereafter for the duration of the authorization, the Secretary of the Treasury shall submit the report described under subsection (b) to the appropriate congressional committees. (b) Report With Respect to Financial Institutions' Iran-Related Transactions and Due Diligence.--With respect to a financial institution and a transaction described under subsection (a), a report is described under this subsection if it contains-- (1) a list of financial institutions that, since January 16, 2016, have conducted transactions authorized by the Secretary in connection with the export or re-export of commercial passenger aircraft to Iran; and (2) either-- (A) a certification that-- (i) the transaction does not pose a significant money laundering or terrorism financing risk to the United States financial system; (ii) the transaction will not benefit an Iranian person that, since the date that is 1 year preceding the date of the certification-- (I) has knowingly transported items used for the proliferation of weapons of mass destruction, including systems designed in whole or in part for the delivery of such weapons; (II) has knowingly transported items used to establish in Syria a permanent military presence of either Iranian military forces or Iranian backed militia; or (III) has knowingly provided transportation services or material support for, or on behalf of, any person designated under Executive Order Nos. 13224, 13382, or 13572; and (iii) any financial institution described under subsection (b)(1) has had since the date such authorization was made, or, if the authorization is no longer in effect, had for the duration of such authorization, appropriate policies, procedures, and processes in place to avoid engaging in sanctionable activities that may result from the financial institutions' exposure to Iran; or (B) a statement that the Secretary is unable to make the certification described under subparagraph (A) and a notice that the Secretary will, not later than 60 days after the date the determination is submitted to the appropriate congressional committees, issue a report on non-certification described under subsection (c) to the appropriate congressional committees. (c) Report on Non-Certification.--With respect to a financial institution and a transaction described under subsection (a), a report on non-certification is described under this subsection if it contains-- (1) a detailed explanation for why the Secretary is unable to make the certification described under subsection (b)(2); (2) a notification of whether the Secretary will-- (A) not amend the authorization of the transaction with respect to a financial institution, notwithstanding such non-certification; (B) suspend the authorization until the Secretary is able to make such certification; (C) revoke the authorization; or (D) otherwise amend the authorization; and (3) an explanation of the reasons for any action to be taken described under paragraph (2). (d) Waiver.--The President may waive, on a case-by-case basis, the provisions of this Act for up to 1 year at a time upon certifying to the appropriate congressional committees that-- (1) the Government of Iran has-- (A) made substantial progress towards combating money laundering and terrorism financing risk emanating from Iran; or (B) has significantly reduced Iran's-- (i) destabilizing activities in the region; or (ii) material support for terrorist groups; or (2) such waiver is important to the national security interests of the United States, with an explanation of the reasons therefor. (e) Termination.--This section shall cease to be effective on the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that-- (1)(A) the Secretary does not find, under section 5318A of title 31, United States Code, that reasonable grounds exist for concluding that Iran is a jurisdiction of primary money laundering concern; and (B) Iran has ceased providing support for acts of international terrorism; or (2) terminating the provisions of this section is vital to the national security interests of the United States, with an explanation of the reasons therefor. (f) Definitions.--For purposes of this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the committees on Financial Services and Foreign Affairs of the House of Representatives and the committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate. (2) Financial institution.--The term ``financial institution'' means a United States financial institution or a foreign financial institution. (3) Foreign financial institution.--The term ``foreign financial institution'' has the meaning given that term under section 561.308 of title 31, Code of Federal Regulations. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (6) United states financial institution.--The term ``United States financial institution'' has the meaning given the term ``U.S. financial institution'' under section 561.309 of title 31, Code of Federal Regulations. Passed the House of Representatives December 14, 2017. Attest: KAREN L. HAAS, Clerk.
Strengthening Oversight of Iran's Access to Finance Act (Sec. 3) This bill sets forth reporting requirements with respect to the export of commercial passenger aircrafts to Iran. The Department of the Treasury must report on financial institutions conducting transactions regarding such exports. Additionally, Treasury must determine if such transactions pose a risk relating to money laundering, terrorism, or other sanctionable activities. The President may waive the requirements of this bill under certain circumstances.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reduce and End our Deficits Using Commonsense Eliminations in the Energy Program Act of 2010''. SEC. 2. TERMINATION OF PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES UNDER ABANDONED MINE LANDS PROGRAM. The Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) is amended-- (1) in section 402(g)(1)(A)(ii), by striking ``or pursuant'' and all that follows through the end of the sentence and inserting a period; (2) in section 402(g)(1)(B)(ii), by striking ``or pursuant'' and all that follows through the end of the sentence and inserting a period; and (3) by amending section 411 to read as follows: ``SEC. 411. CERTIFICATION. ``(a) Certification Required.--The Secretary shall determine and certify if on the basis of the inventory referred to in section 403(c) all reclamation projects relating to the priorities described in section 403(a) for eligible land and water pursuant to section 404 in a State or of a tribe have been completed. ``(b) Notice and Comment.--The Secretary shall publish notice in the Federal Register and provide an opportunity for public comment regarding any certification under subsection (a). ``(c) Limitation on Payments to Certified States and Indian Tribes.-- ``(1) In general.--Except as provided in paragraph (2), and notwithstanding any other provision of this Act, no payment may be made under this Act to a State or Indian tribe for which a determination and certification is required under subsection (a). ``(2) Payments for health benefits not affected.--Paragraph (1) shall not apply with respect to payments under subsections (h) and (i) of section 402.''. SEC. 3. TERMINATE OIL AND GAS COMPANY TAX PREFERENCES. (a) Repeal Enhanced Oil Recovery Credit.--Section 43 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Termination.--This section shall not apply to any amount, costs, or expenses paid or incurred after the date of the enactment of this subsection.''. (b) Repeal Credit for Oil and Gas Produced From Marginal Wells.-- Section 45I of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Termination.--This section shall not apply to any production after December 31, 2010.''. (c) Repeal Expensing of Intangible Drilling Costs.--Subsection (c) of section 263 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to any expense relating to an oil or gas well paid or incurred after December 31, 2010.''. (d) Repeal Deduction for Tertiary Injectants.--Section 193 of such Code is amended by adding at the end the following new subsection: ``(d) Termination.--Subsection (a) shall not apply to any amount paid or incurred after the date of the enactment of this subsection.''. (e) Repeal Exception to Passive Loss Limitation for Working Interests in Oil and Natural Gas Properties.--Subsection (c) of section 469 of such Code is amended by striking paragraph (3) (relating to working interests in oil and gas property). (f) Repeal Percentage Depletion for Oil and Natural Gas Wells.-- (1) In general.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Termination.--After December 31, 2010, this section and section 611 shall not apply to any oil or gas well.''. (2) Conforming amendment.--Section 613A(c)(1) of such Code is amended by striking ``subsection (d)'' and inserting ``subsections (d) and (f)''. (g) Repeal Domestic Manufacturing Tax Deduction for Oil and Natural Gas Companies.-- (1) In general.--Subparagraph (B) of section 199(c)(4) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by inserting after clause (iii) the following: ``(iv) production or extraction relating to any oil or gas.''. (2) Conforming amendment.--Section 199(c)(4)(A)(i)(III) of such Code is amended by striking ``, natural gas,''. (h) Increase Geological and Geophysical Amortization Period for Independent Producers to Seven Years.-- (1) In general.--Paragraphs (1) and (4) of section 167(h) of such Code is amended by striking ``24-month'' both places it appears and inserting ``7-year''. (2) Conforming amendment.--Section 167(h) of such Code is amended by striking paragraph (5). (i) Effective Date.-- (1) The amendments made by subsection (a), (c), (e), and (f) shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. (2) The amendments made by subsections (b), (d), (g), and (h) shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. SEC. 4. DEPARTMENT OF ENERGY OIL AND GAS RESEARCH AND DEVELOPMENT. Sections 965 through 967 of the Energy Policy Act of 2005 (42 U.S.C. 16295-16297) are repealed. SEC. 5. NUCLEAR WASTE REPOSITORY. The Secretary of Energy shall discontinue the application before the Nuclear Regulatory Commission for a license to construct a high- level nuclear waste geologic repository at Yucca Mountain, Nevada. SEC. 6. SALE OF CERTAIN SEPA AND TVA FACILITIES. (a) Sale of Southeastern Power Administration and TVA Facilities.-- (1) Southeastern power administration and related facilities.-- (A) Sale of southeastern power administration and related power generating assets.--The Secretary of Energy shall develop and carry out a plan to provide for the sale of the electric energy generation facilities that are currently owned and operated by Federal departments and agencies under the supervision of, or working in coordination with, the Southeastern Power Administration, together with any and all other assets, rights, interests, and obligations held or owned by the Southeastern Power Administration. The heads of other affected Federal departments and agencies shall assist the Secretary of Energy in implementing the sales authorized by this subparagraph. (B) Exclusion of dams and reservoirs.--The authority of the Secretary of Energy under subparagraph (A) shall apply with respect to facilities for the generation of electric energy, including turbines, generators, controls, and substations, and shall not apply with respect to any dam, reservoir, or waterfront property. (C) Report to congress.--At least 60 days before implementing a plan developed under this paragraph, the Secretary of Energy shall submit to Congress a report containing the plan. (2) TVA facilities.-- (A) Sale of power program.--The Tennessee Valley Authority shall develop and carry out a plan to provide for the sale of the rights and assets of its electric power program. (B) Hydroelectric facility exclusion.--The authority of the Tennessee Valley Authority under subparagraph (A) shall not apply with respect to any hydroelectric power generation facility owned and operated by the Authority (including dams and appurtenant works and structures). (C) Report to congress.--At least 60 days before implementing a plan developed under this paragraph, the Tennessee Valley Authority shall submit to Congress a report containing the plan. (b) Proceeds.--The proceeds of any sale under this section shall be used first to offset the costs of carrying out the sale and the remaining net proceeds shall be deemed to extinguish the outstanding debt repayable to the United States and attributable to the assets being sold. Any portion of the net proceeds that exceeds the net present value of the outstanding debt repayable to the United States and attributable to the assets being sold shall be deposited in the Treasury of the United States as miscellaneous receipts. (c) Treatment of Sales for Purposes of Certain Laws.--A sale of assets under this section shall not be considered a disposal of Federal surplus property under subchapter III of chapter 5 of title 40, United States Code, or any other applicable provision of law. (d) Date of Sale.--To be extent practicable, all sales under this section shall be completed before December 31, 2010. (e) Termination of the Southeastern Power Administration.-- Following the sale of the assets referred to in subsection (a)(1), the Secretary of Energy shall complete the business of and close out the Southeastern Power Administration and return any unexpended balances of funds appropriated for the Southeastern Power Administration to the Treasury of the United States. SEC. 7. VOLUME OF STRATEGIC PETROLEUM RESERVE. Section 154(a) of the Energy Policy and Conservation Act (42 U.S.C. 6234(a)) is amended by striking ``1 billion'' and inserting ``650,000,000''. SEC. 8. ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND OTHER PETROLEUM RESOURCES. Sections 999A through 999H of the Energy Policy Act of 2005 (42 U.S.C. 16371-16378) are repealed.
Reduce and End our Deficits Using Commonsense Eliminations in the Energy Program Act of 2010 - Amends the Surface Mining Control and Reclamation Act of 1977 to terminate allocations of abandoned mine reclamation fees, except payments for health benefits, to states and Indian tribes that are certified to have completed coal mining reclamation. Amends the Internal Revenue Code to terminate: (1) the enhanced oil recovery credit; (2) the credit for oil and gas produced from marginal wells; (3) the expensing of intangible drilling costs; (4) the deduction for tertiary injectants; (5) the exception to the passive loss limitation for working interests in oil and natural gas properties; (6) the percentage depletion deduction for oil and natural gas wells; and (7) the domestic manufacturing tax deduction for oil and natural gas companies. Increases to seven years the geological and geophysical amortization period for independent producers. Amends the Energy Policy Act of 2005 to repeal authority for: (1) the oil and gas research programs; (2) the low-volume oil and gas reservoir program; and (3) the Complex Well Technology Testing Facility at the Rocky Mountain Oilfield Testing Center. Instructs the Secretary of Energy to: (1) discontinue the application before the Nuclear Regulatory Commission (NRC) for a license to construct a high-level nuclear waste geologic repository at Yucca Mountain, Nevada; (2) plan for the sale of federally owned and operated electric energy generation facilities under the supervision of, or working in coordination with, the Southeastern Power Administration (SEPA); and (3) terminate SEPA following such sale. Excludes from such sale any dam, reservoir, or waterfront property. Directs the Tennessee Valley Authority (TVA) to sell the rights and assets of its electric power program. Excludes from the sale any hydroelectric power generation facility owned and operated by TVA (including dams and appurtenant works and structures). Deems the remaining net proceeds from any such sale, after offset for sale costs, to extinguish the outstanding debt repayable to the United States and attributable to the assets being sold. Amends the Energy Policy and Conservation Act to decrease the storage capacity of the Strategic Petroleum Reserve from 1 billion to 650 million barrels. Amends the Energy Policy Act of 2005 to repeal the Secretary's program authority for research, development, demonstration, and commercial application of technologies for ultra-deepwater and unconventional natural gas and other petroleum resource exploration and production.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop White-collar Assistance to Terrorists Act''. SEC. 2. CREDIT CARD FRAUD. Section 1029 (c) of title 18, United States Code, is amended by adding at the end the following: ``(3) Special rule for terrorism-related offenses.--If the offense under this section was committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment is 20 years in the case of a first-time conviction under this section, and 30 years if a prior conviction under this section has occured.''. SEC. 3. FINANCIAL FRAUD. (a) Counterfeit or Forged Securities.--Subsections (a) and (b) of section 513 of title 18, United States Code, are each amended by inserting ``, but if the offense is committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment is 25 years'' after ``or both''. (b) Operating an Unlicensed Money Transmitting Business.--Section 1960(a) of title 18, United States Code, is amended by inserting ``, but if the offense is committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment is 20 years'' after ``or both''. (c) Moneylaundering.--Section 1956(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(4) If the offense under this subsection is committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment for that offense is 30 years.''. (d) Bribery.--Section 201 of title 18, United States Code, is amended-- (1) in subsection (b), by inserting ``, but if the offense under paragraph (1) is committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment is 30 years'' after ``under the United States''; and (2) in subsection (c), by inserting ``, but if the offense under paragraph (1) is committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment is 10 years'' after ``or both''. (e) Social Security Fraud.--Section 208(a) of the Social Security Act (42 U.S.C. 408(a)) is amended by inserting ``, but in the case of any offense under this subsection that was committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment is 20 years'' after ``or both''. SEC. 4. PROVIDING MATERIAL SUPPORT TO TERRORISTS. Section 2339A of title 18, United States Code, is amended by striking ``15 years'' and inserting ``30 years''. SEC. 5. AMENDMENT TO THE SENTENCING GUIDELINES RELATING TO CERTAIN CRIMES. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of an offense committed to facilitate terrorism under sections 201, 513, 1029, 1956, 1960, and 2339A of title 18, United States Code, and section 208(a) of the Social Security Act (42 U.S.C. 408(a)) in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by the sentencing guidelines and policy statements. (b) Considerations.--In carrying out this section, the Sentencing Commission, shall-- (1) ensure that the sentencing guidelines and policy statements reflect Congress' intent that the sentencing guidelines and policy statements reflect the-- (A) serious nature of the offenses described in this Act; and (B) need for an effective deterrent and appropriate punishment to prevent such offenses; (2) consider the extent to which the sentencing guidelines and policy statements may or may not appropriately account for-- (A) the potential and actual harm to the public from the offense; (B) the level of sophistication and planning involved in the offense; and (C) whether the offense was intended to or had the effect of creating a threat to public health or safety, injury to another person, or even death; (3) assure reasonable consistency with other relevant directives and with other sentencing guidelines and policy statements; (4) account for any additional aggravating or mitigating circumstances that may justify exceptions to the generally applicable sentencing ranges; and (5) assure that the sentencing guidelines and policy statements adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.
Stop White-collar Assistance to Terrorists Act - Amends the federal criminal code to increase the maximum prison terms for: (1) certain fraud, money laundering, and bribery offenses if committed to facilitate an act of domestic or international terrorism; and (2) providing material support or resources to terrorists. Directs the U.S. Sentencing Commission to review and, if appropriate, amend sentencing guidelines and policy statements for offenses committed to facilitate terrorism to reflect congressional intent that the penalties for such offenses be increased.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic and Employment Impact Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) Federal regulation is projected to cost $542,000,000,000 by the year 2000; (2) the 1990 United States merchandise trade deficit was $65,400,000,000; (3) excessive Federal regulation and mandates increase the cost of doing business and thus hinder economic growth and employment opportunities; and (4) State and local governments are forced to absorb the cost of unfunded Federal mandates. (b) Purpose.--The purpose of this Act is to-- (1) ensure that the American people are fully apprised of the impact of Federal legislative and regulatory activity on economic growth and employment; (2) require both the Congress and the executive branch to acknowledge and to take responsibility for the fiscal and economic effects of legislative and regulatory actions and activities; (3) to provide a means to ensure congressional or executive branch action is focused on enhancing economic growth and providing increasing job opportunities for Americans; and (4) to protect against congressional or executive branch action which hinders economic growth or eliminates jobs for the American people. SEC. 3. ECONOMIC AND EMPLOYMENT IMPACT STATEMENTS. (a) Preparation.--The Comptroller General of the United States shall prepare an economic and employment impact statement, as described in subsection (b), to accompany each bill, resolution, or conference report reported by any committee of the House of Representatives or the Senate or considered on the floor of either House. (b) Contents.--Except as provided in subsection (c), the economic and employment impact statement required by subsection (a) shall-- (1) state the extent to which enactment of the bill, resolution, or conference report would result in increased costs to the private sector, individuals, or State and local governments; and (2) include, at a minimum, a detailed assessment of the annual impact of the bill, resolution, or conference report (projected annually over a 5-year period from its effective date, and, to the extent feasible, expressed in each case in monetary terms) on-- (A) costs to United States consumers; (B) costs to United States business; (C) national employment; (D) the ability of United States industries to compete internationally; (E) affected State and local governments, fiscal and otherwise; (F) outlays and revenues by the Federal Government as compared to outlays and revenues for the same activity in the current fiscal year (as reported by the Congressional Budget Office); and (G) impact on Gross Domestic Product. (c) Exception.--The economic and employment impact statement required by subsection (a) may consist of a brief summary assessment in lieu of the detailed assessment set forth in subsection (b) if preliminary analysis indicates that the aggregate effect of the bill, resolution, or conference report as measured by the criteria set forth in subparagraphs (A) through (G) of subsection (b) is less than $100,000,000 or 10,000 jobs in national employment. (d) Statement With All Legislation.--The economic and employment impact statement required by this section shall accompany each bill, resolution, or conference report before such bill, resolution, or conference report may be reported or otherwise considered on the floor of either House. SEC. 4. POINT OF ORDER IN HOUSE OR SENATE. (a) Rule.--It shall not be in order in either the House of Representatives or the Senate to consider on the floor any bill, resolution, or conference report, whether or not reported by any committee of the House of Representatives or the Senate, unless that bill, resolution, or conference report includes the economic and employment impact statement required by section 3. (b) Waiver.--A point of order made under this section may be waived in the Senate by a three-fifths affirmative vote of Senators, duly chosen and sworn, and in the House of Representatives by a three-fifths affirmative vote of Members, duly chosen and sworn. SEC. 5. EXECUTIVE REGULATIONS. Each regulation and proposed regulation promulgated by a Federal department or executive agency shall be accompanied by an economic and employment impact statement prepared, in accordance with subsection (b) of section 3, by the department or agency promulgating the regulation or proposed regulation. The economic and employment impact statement shall be published in the Federal Register together with such regulation or proposed regulation. SEC. 6. PROVISION FOR NATIONAL SECURITY EMERGENCY WAIVER. (a) Congressional Economic Impact Statements.--The Congress may waive the requirements of section 3 at any time in which a declaration of war is in effect, or in response to a national security emergency at the request of the President. (b) Executive Regulations.--The President may waive the requirements of section 5 at any time in which a declaration of war is in effect, or in response to a national security emergency as determined by the President in consultation with Congress. SEC. 7. REPEAL OF SENATE RULE. Paragraph 11 of rule XXVI of the Standing Rules of the Senate is repealed. SEC. 8. EFFECTIVE DATE. This Act shall take effect 30 days after the date of enactment of the Act.
Economic and Employment Impact Act - Directs the Comptroller General to prepare an economic and employment impact statement to accompany each bill, resolution, or conference report before it may be reported or otherwise considered on the floor of either House of Congress. Requires such statement to: (1) state the extent to which enactment of such legislation would result in increased costs to the private sector, individuals, or State and local governments; and (2) include a detailed assessment of the annual impact of such legislation on consumer and business costs, employment, the Gross Domestic Product, and other specified criteria. Provides that such statement may consist of a brief summary assessment if preliminary analysis indicates that the aggregate effect of the legislation is less than $100 million or 10,000 jobs in national employment. Authorizes the Congress to waive the requirements at any time in which a declaration of war is in effect or in response to a national security emergency at the request of the President. Provides that it shall not be in order in either House of Congress to consider any legislation that does not include such a statement. Allows such point of order to be waived. Requires each regulation and proposed regulation promulgated by an executive department or agency to be accompanied by such a statement and published with such statement in the Federal Register. Authorizes the President to waive the requirements of this paragraph at any time in which a declaration of war is in effect or in response to a national security emergency. Amends rule XXVI of the Standing Rules of the Senate to repeal provisions concerning congressional committee reports accompanying bills and resolutions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Zone Protection Act of 1996''. SEC. 2. FINANCIAL ASSISTANCE FOR DEVELOPMENT OF STATE COASTAL PROGRAMS. (a) Reauthorization of Program.--Section 305(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1454(a)) is amended-- (1) by striking ``1991, 1992, and 1993'' and inserting ``1997, 1998, and 1999''; and (2) by striking ``two'' and inserting ``four''. (b) Termination of Program.-- (1) In general.--Section 305 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1454) is amended-- (A) by striking subsection (a); (B) by striking ``(b)''; and (C) by amending the heading to read as follows: ``submittal of state program for approval''. (2) Conforming amendments.--Section 308(b)(2)(B) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1457(b)(2)(B)) is amended-- (A) in clause (iv) by adding ``and'' after the semicolon; (B) by striking clause (v); and (C) by redesignating clause (vi) as clause (v). (3) Effective date.--This subsection shall take effect on October 1, 1999. SEC. 3. IMPLEMENTATION ASSISTANCE FOR COASTAL ZONE ENHANCEMENT. Section 309(b) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456b(b)) is amended-- (1) by inserting ``(1)'' before ``Subject to''; and (2) by adding at the end the following new paragraph: ``(2)(A) In addition to any amounts provided under section 306, and subject to the availability of appropriations, the Secretary may make grants under this subsection to States for implementing program changes approved by the Secretary in accordance with section 306(e). ``(B) Grants under this paragraph to implement a program change may not be made in any fiscal year after the second fiscal year that begins after the approval of that change by the Secretary.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS. Section 318 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is amended-- (1) by striking ``Sec. 318.'' and all that follows through subsection (a) and inserting the following: ``Sec. 318. (a) There are authorized to be appropriated to the Secretary, to remain available until expended-- ``(1) for grants under sections 306, 306A, and 309-- ``(A) $47,600,000 for fiscal year 1997; ``(B) $49,000,000 for fiscal year 1998; and ``(C) $50,500,000 for fiscal year 1999; and ``(2) for grants under section 315-- ``(A) $4,400,000 for fiscal year 1997; ``(B) $4,500,000 for fiscal year 1998; and ``(C) $4,600,000 for fiscal year 1999.''; (2) by striking subsection (b); and (3) by redesignating subsections (c) and (d) in order as subsections (b) and (c). SEC. 5. COASTAL ZONE MANAGEMENT FUND. (a) Authorization for Administrative Expenses.--Section 308(b)(2)(A) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456a(b)(2)(A)) is amended to read as follows: ``(A) Expenses incident to the administration of this title, in an amount not to exceed for each of fiscal years 1997, 1998, and 1999 the higher of-- ``(i) $4,000,000; or ``(ii) 8 percent of the total amount appropriated under this title for the fiscal year.''. (b) Authorization for Program Development Grants.--Section 308(b)(2)(B)(v) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456a(b)(2)(B)(v)) is amended to read as follows: ``(v) program development grants as authorized by section 305, in an amount not to exceed $200,000 for each of fiscal years 1997, 1998, and 1999; and''. SEC. 6. MATCHING REQUIREMENT. Section 315(e)(3) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461(e)(3)) is amended by adding at the end the following new subparagraph: ``(C) Notwithstanding subparagraphs (A) and (B), financial assistance under this subsection provided from amounts recovered as a result of damage to natural resources located in the coastal zone may be used to pay 100 percent of the costs of activities carried out with the assistance.''. SEC. 7. AQUACULTURE IN THE COASTAL ZONE. The Coastal Zone Management Act of 1972 is amended-- (1) in section 306A(b) (16 U.S.C. 1455a(b)) by adding at the end of the following: ``(4) The development of a coordinated process among State agencies to regulate and issue permits for aquaculture facilities in the coastal zone.''; and (2) in section 309(a) (16 U.S.C. 1456b(a)) by adding at the end the following: ``(9) Adoption of procedures and policies to evaluate and facilitate the siting of public and private aquaculture facilities in the coastal zone, which will enable States to formulate, administer, and implement strategic plans for marine aquaculture.''. SEC. 8. APPEALS TO THE SECRETARY. The Coastal Zone Management Act of 1972 is amended by adding at the end the following new section: ``appeals to the secretary ``Sec. 319. (a) Notice.--The Secretary shall publish in the Federal Register a notice indicating when the decision record has been closed on any appeal to the Secretary taken from a consistency determination under section 307(c) or (d). No later than 90 days after the date of publication of this notice, the Secretary shall-- ``(1) issue a final decision in the appeal; or ``(2) publish a notice in the Federal Register detailing why a decision cannot be issued within the 90-day period. ``(b) Deadline.--In the case where the Secretary publishes a notice under subsection (a)(2), the Secretary shall issue a decision in any appeal filed under section 307 no later than 45 days after the date of the publication of the notice. ``(c) Application.--This section applies to appeals initiated by the Secretary and appeals filed by an applicant.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Coastal Zone Protection Act of 1996 - Amends the Coastal Zone Management Act of 1972 to authorize annual grants to States to develop coastal zone management programs. Limits each State to four (currently, two) grants. Terminates the grant program after FY 1999. Authorizes grants to States to implement program changes. Authorizes appropriations for: (1) administering State management programs; (2) resource management improvement grants; (3) coastal zone enhancement grants; (4) grants under the National Estuarine Research Reserve System; (5) expenses incidental to the administration of the Act; and (6) such program development grants. Allows grants (relating to national estuarine reserves or educational or interpretive activities) provided from amounts recovered as a result of damage to coastal zone natural resources to be used to pay 100 percent of the costs of the activities carried out with the grants. Allows resource management improvement grants to be used for the development of a coordinated process among State agencies to regulate and issue permits for coastal zone aquaculture facilities. Allows coastal zone enhancement grants to be used to evaluate and facilitate the siting of public and private coastal zone aquaculture facilities. Establishes consistency determination appeal procedures.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Budgeting Act''. SEC. 2. BUDGETARY TREATMENT OF AIRPORT AND AIRWAY TRUST FUND, INLAND WATERWAYS TRUST FUND, AND HARBOR MAINTENANCE TRUST FUND. Notwithstanding any other provision of law, the receipts and disbursements of the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund-- (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President, (B) the congressional budget (including allocations of budget authority and outlays provided therein), or (C) the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY TRUST FUND. (a) In General.--Chapter 471 of title 49, United States Code, is amended by inserting after section 47134 the following new section: ``Sec. 47135. Safeguards against deficit spending ``(a) Estimates of Unfunded Aviation Authorizations and Net Aviation Receipts.--Not later than March 31 of each year, the Secretary, in consultation with the Secretary of the Treasury, shall estimate-- ``(1) the amount which would (but for this section) be the unfunded aviation authorizations at the close of the first fiscal year that begins after that March 31, and ``(2) the net aviation receipts at the close of such fiscal year. ``(b) Procedure if Excess Unfunded Aviation Authorizations.--If the Secretary determines for any fiscal year that the amount described in subsection (a)(1) exceeds the amount described in subsection (a)(2), the Secretary shall determine the amount of such excess. ``(c) Adjustment of Authorizations if Unfunded Authorizations Exceed Receipts.-- ``(1) Determination of percentage.--If the Secretary determines that there is an excess referred to in subsection (b) for a fiscal year, the Secretary shall determine the percentage which-- ``(A) such excess, is of ``(B) the total of the amounts authorized to be appropriated from the Airport and Airway Trust Fund for the next fiscal year. ``(2) Adjustment of authorizations.--If the Secretary determines a percentage under paragraph (1), each amount authorized to be appropriated from the Airport and Airway Trust Fund for the next fiscal year shall be reduced by such percentage. ``(d) Availability of Amounts Previously Withheld.-- ``(1) Adjustment of authorizations.--If, after a reduction has been made under subsection (c)(2), the Secretary determines that the amount described in subsection (a)(1) does not exceed the amount described in subsection (a)(2) or that the excess referred to in subsection (b) is less than the amount previously determined, each amount authorized to be appropriated that was reduced under subsection (c)(2) shall be increased, by an equal percentage, to the extent the Secretary determines that it may be so increased without causing the amount described in subsection (a)(1) to exceed the amount described in subsection (a)(2) (but not by more than the amount of the reduction). ``(2) Apportionment.--The Secretary shall apportion amounts made available for apportionment by paragraph (1). ``(3) Period of availability.--Any funds apportioned under paragraph (2) shall remain available for the period for which they would be available if such apportionment took effect with the fiscal year in which they are apportioned under paragraph (2). ``(e) Reports.--Any estimate under subsection (a) and any determination under subsection (b), (c), or (d) shall be reported by the Secretary to Congress. ``(f) Definitions.--For purposes of this section, the following definitions apply: ``(1) Net aviation receipts.--The term `net aviation receipts' means, with respect to any period, the excess of-- ``(A) the receipts (including interest) of the Airport and Airway Trust Fund during such period, over ``(B) the amounts to be transferred during such period from the Airport and Airway Trust Fund under section 9502(d) of the Internal Revenue Code of 1986 (other than paragraph (1) thereof). ``(2) Unfunded aviation authorizations.--The term `unfunded aviation authorization' means, at any time, the excess (if any) of-- ``(A) the total amount authorized to be appropriated from the Airport and Airway Trust Fund which has not been appropriated, over ``(B) the amount available in the Airport and Airway Trust Fund at such time to make such appropriation (after all other unliquidated obligations at such time which are payable from the Airport and Airway Trust Fund have been liquidated).''. (b) Conforming Amendment.--The analysis for chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47134 the following: ``47135. Safeguards against deficit spending.''. SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF THE INLAND WATERWAYS TRUST FUND AND HARBOR MAINTENANCE TRUST FUND. (a) Estimates of Unfunded Inland Waterways Authorizations and Net Inland Waterways Receipts.--Not later than March 31 of each year, the Secretary of the Army, in consultation with the Secretary of the Treasury, shall estimate-- (1) the amount which would (but for this section) be the unfunded inland waterways authorizations and unfunded harbor maintenance authorizations at the close of the first fiscal year that begins after that March 31; and (2) the net inland waterways receipts and net harbor maintenance receipts at the close of such fiscal year. (b) Procedure if Excess Unfunded Inland Waterways Authorizations.-- If the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund for any fiscal year that the amount described in subsection (a)(1) exceeds the amount described in subsection (a)(2), the Secretary shall determine the amount of such excess. (c) Adjustment of Authorizations if Unfunded Authorizations Exceed Receipts.-- (1) Determination of percentage.--If the Secretary of the Army determines that there is an excess referred to in subsection (b) for a fiscal year, the Secretary of the Army shall determine the percentage which-- (A) such excess, is of (B) the total of the amounts authorized to be appropriated from the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund, as the case may be, for the next fiscal year. (2) Adjustment of authorizations.--If the Secretary of the Army determines a percentage under paragraph (1), each amount authorized to be appropriated from the Trust Fund for the next fiscal year shall be reduced by such percentage. (d) Availability of Amounts Previously Withheld.--If, after an adjustment has been made under subsection (c)(2), the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund that the amount described in subsection (a)(1) does not exceed the amount described in subsection (a)(2) or that the excess referred to in subsection (b) with respect to the Trust Fund is less than the amount previously determined, each amount authorized to be appropriated that was reduced under subsection (c)(2) with respect to the Trust Fund shall be increased, by an equal percentage, to the extent the Secretary of the Army determines that it may be so increased without causing the amount described in subsection (a)(1) to exceed with respect to the Trust Fund the amount described in subsection (a)(2) (but not by more than the amount of the reduction). (e) Reports.--Any estimate under subsection (a) and any determination under subsection (b), (c), or (d) shall be reported by the Secretary of the Army to Congress. (f) Definitions.--For purposes of this Act, the following definitions apply: (1) Airport and airway trust fund.--The term ``Airport and Airway Trust Fund'' means the Airport and Airway Trust Fund established by section 9502 of the Internal Revenue Code of 1986. (2) Harbor maintenance trust fund.--The term ``Harbor Maintenance Trust Fund'' means the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986. (3) Inland waterways trust fund.--The term ``Inland Waterways Trust Fund'' means the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (4) Net harbor maintenance receipts.--The term ``net harbor maintenance receipts'' means, with respect to any period, the receipts (including interest) of the Harbor Maintenance Trust Fund during such period. (5) Net inland waterways receipts.--The term ``net inland waterways receipts'' means, with respect to any period, the receipts (including interest) of the Inland Waterways Trust Fund during such period. (6) Unfunded inland waterways authorizations.--The term ``unfunded inland waterways authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Inland Waterways Trust Fund which has not been appropriated, over (B) the amount available in the Inland Waterways Trust Fund at such time to make such appropriations. (7) Unfunded harbor maintenance authorizations.--The term ``unfunded harbor maintenance authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Harbor Maintenance Trust Fund which has not been appropriated, over (B) the amount available in the Harbor Maintenance Trust Fund at such time to make such appropriations. SEC. 5. APPLICABILITY. This Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 1999.
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation. Amends Federal transportation law to require the Secretary of Transportation to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sentencing Improvement Act of 1993''. SEC. 2. FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM SENTENCE PROVISIONS IN CERTAIN CIRCUMSTANCES. (a) Amendment of Title 18, United States Code.--Section 3553 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(f) Exception to Certain Statutory Minimum Sentencing Provisions.-- ``(1) Sentencing under this section.--In the case of an offense described in paragraph (2), the court shall, notwithstanding the requirement of a mandatory minimum sentence, impose a sentence in accordance with this section and the sentencing guidelines and any pertinent policy statement issued by the United States Sentencing Commission. ``(2) Offenses.--An offense is described in this paragraph if-- ``(A) the defendant is subject to a mandatory minimum term of imprisonment for violating, attempting to violate, or conspiring to violate section 401 or 404 of the Controlled Substances Act (21 U.S.C. 841 and 844) or section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960); ``(B) the defendant does not have more than 1 criminal history point under the sentencing guidelines; ``(C) the defendant did not cause, attempt to cause, or credibly threaten to cause the death of, or serious bodily injury to, any person during the course of the offense; ``(D) the defendant did not carry or otherwise possess a firearm or explosive during the course of the offense and did not direct another person to do so; ``(E) the defendant was not an organizer, leader, manager, or supervisor of others (as determined under the sentencing guidelines) in the offense; and ``(F) the offense did not result in death or serious bodily injury as a result of-- ``(i) the use of the controlled substance; or ``(ii) the act of any person which was reasonably foreseeable and for which the defendant is legally accountable.''. (b) Conforming Amendments.--(1) Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by inserting ``or section 3553(f) of title 18, United States Code,'' after ``420 of this title'' the first time it appears. (2) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by striking the penultimate sentence and inserting the following: ``A mandatory minimum sentence required by this section shall not apply in the case of a person subject to section 3553(f) of title 18, United States Code.''. (3) Section 1010(a) of the Controlled Substances Import and Export Act (21 U.S.C. 960(a)) is amended by inserting ``, except as provided in section 3553(f) of title 18, United States Code'' before the period. (4) Section 411(a) of the Controlled Substances Act (21 U.S.C. 851(a)) is amended by adding at the end thereof the following new paragraph: ``(3) This section shall not apply to any determination of a defendant's criminal history under the sentencing guidelines, including any determination of criminal history that, under section 3553(f) of title 18, United States Code, disqualifies the defendant from consideration for a sentence below an otherwise applicable mandatory minimum.''. (c) Harmonization.--The United States Sentencing Commission-- (1) may make such amendments as it deems necessary and appropriate to harmonize the sentencing guidelines and policy statements with section 3553(f) of title 18, United States Code, as added by subsection (a), and promulgate policy statements to assist the courts in interpreting that provision; (2) shall review the consideration of defendants' criminal histories under the guidelines and make such amendments to the sentencing guidelines and policy statements as the Commission determines necessary and appropriate to ensure that-- (A) defendants with significant criminal histories resulting from foreign convictions are sentenced commensurate with the seriousness of their prior criminal records to the extent that consideration of such foreign convictions is constitutional and practical; (B) defendants with juvenile adjudications involving significant acts of misconduct are sentenced commensurate with the seriousness of such misconduct to the extent that consideration of such misconduct is practical and relevant to the purposes of sentencing; and (C) the assignment to a defendant of a single criminal history point adequately reflects the seriousness of such a defendant's prior criminal conduct; and (3) may promulgate any such amendments under the procedures set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 1271), as though the authority under that section had not expired. (d) Sentencing Commission Study.--The United States Sentencing Commission shall monitor the operation of this Act and the amendments made by this Act and, not later than 18 months following the date of enactment of this Act, provide a report to Congress describing-- (1) sentences imposed under the Act; (2) the findings pursuant to the review mandated by subsection (c)(2); and (3) any recommendations for changes in the Act that the Commission believes are warranted. (e) Effective Date.--The amendments made by subsections (a) and (b) and any amendments to the sentencing guidelines and policy statements made by the United States Sentencing Commission pursuant to subsection (c) shall apply with respect to sentences imposed for offenses committed on or after the date of enactment of this Act.
Sentencing Improvement Act of 1993 - Amends the Federal criminal code to provide for the application of the sentencing guidelines (and any pertinent policy statement issued by the U.S. Sentencing Commission) for certain nonviolent drug offenses in which a mandatory minimum term of imprisonment would otherwise be required (nonviolent drug offense provision). Directs the Sentencing Commission to review the consideration of defendants' criminal histories under the guidelines and amend the guidelines and policy statements to ensure that: (1) defendants with significant criminal histories resulting from foreign convictions are sentenced commensurate with the seriousness of their prior criminal records to the extent that consideration of such foreign convictions is constitutional and practical; (2) defendants with juvenile adjudications involving significant acts of misconduct are sentenced commensurate with the seriousness of such misconduct to the extent that consideration of such misconduct is practical and relevant to the purposes of sentencing; and (3) the assignment to a defendant of a single criminal history point adequately reflects the seriousness of such a defendant's prior criminal conduct. Authorizes the Sentencing Commission to: (1) make such amendments as it deems necessary and appropriate to harmonize the sentencing guidelines and policy statements with the nonviolent drug offense provision; (2) promulgate policy statements to assist the courts in interpreting that provision; and (3) promulgate any such amendments that came to light under the criminal histories review under the procedures set forth under the Sentencing Act of 1987 as if the authority to do so under such Act had not expired. Requires the Sentencing Commission to monitor the operation of this Act and report to the Congress describing: (1) sentences imposed under the Act; (2) the findings pursuant to the criminal histories review; and (3) any recommendations for changes in the Act.
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SECTION 1. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions-- ``(1) from persons other than individual residents of the congressional district involved in excess of 50 percent of the total of contributions accepted; or ``(2) from persons other than individual residents of the State in which the congressional district involved is located in excess of 10 percent of the total of contributions accepted.''. SEC. 2. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF REPRESENTATIVES CANDIDATE. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the following: ``, except that in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the limitation shall be $1,000''. SEC. 3. BAN ON SOFT MONEY. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``limitations and reporting requirements for amounts paid for mixed political activities ``Sec. 323. (a) Any payment by the national committee of a political party or a State committee of a political party for a mixed political activity-- ``(1) shall be subject to limitation and reporting under this Act as if such payment were an expenditure; and ``(2) may be paid only from an account that is subject to the requirements of this Act. ``(b) As used in this section, the term `mixed political activity' means, with respect to a payment by the national committee of a political party or a State committee of a political party, an activity, such as a voter registration program, a get-out-the-vote drive, or general political advertising, that is both (1) for the purpose of influencing an election for Federal office, and (2) for any purpose unrelated to influencing an election for Federal office.''. (b) Repeal of Building Fund Exception to the Definition of the Term ``Contribution''.--Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) by striking out clause (viii); and (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through (xiii), respectively. SEC. 4. AMENDMENTS TO COMMUNICATIONS ACT OF 1934. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) in subsection (b)(1)-- (A) by striking ``forty-five'' and inserting ``30''; (B) by striking ``sixty'' and inserting ``45''; and (C) by striking ``lowest unit charge of the station for the same class and amount of time for the same period'' and insert ``lowest charge of the station for the same amount of time for the same period''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting immediately after subsection (b) the following new subsection: ``(c)(1) Except as provided in paragraph (2), a licensee shall not preempt the use, during any period specified in subsection (b)(1), of a broadcasting station by a legally qualified candidate for public office who has purchased and paid for such use pursuant to the provisions of subsection (b)(1). ``(2) If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''; and (4) in subsection (d) (as redesignated by paragraph (2) of this section)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end thereof the following new paragraph: ``(3) a station's lowest charge for purposes of paragraph (1)-- ``(A) with respect to a primary or primary runoff election, is determined for the interval beginning 60 days before such election and ending on the date of that election; and ``(B) with respect to a general or special election, is determined for the interval beginning 90 days before such election and ending on the date of that election.''.
Amends the Federal Election Campaign Act of 1971 to limit contributions to House of Representatives elections from persons other than local individual residents. Reduces maximum House contribution amounts from multicandidate political committees (PACs). Sets forth limitations and reporting requirements for amounts paid for mixed political activities ("soft money"). Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Belarus Democracy Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States supports the promotion of democracy, respect for human rights, and the rule of law in the Republic of Belarus consistent with its commitments as a participating state of the Organization for Security and Cooperation in Europe (OSCE); (2) the United States has a vital interest in the independence and sovereignty of the Republic of Belarus and its integration into the European community of democracies; (3) the last parliamentary election in Belarus deemed to be free and fair by the international community was conducted in 1995 from which emerged the 13th Supreme Soviet whose democratically and constitutionally derived authorities and powers have been usurped by the authoritarian regime of Aleksandr Lukashenka; (4) in November 1996, Belarusian President Aleksandr Lukashenka orchestrated an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolish the duly-elected parliament, the 13th Supreme Soviet, install a largely powerless National Assembly, and extend his term of office to 2001; (5) in May 1999, Belarusian democratic forces challenged Lukashenka's unconstitutional extension of his presidential term by staging alternative presidential elections which were met with repression; (6) Belarusian democratic forces have organized peaceful demonstrations against the Lukashenka regime in cities and towns throughout Belarus which led to beatings, mass arrests, and extended incarcerations; (7) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, who have been leaders and supporters of the democratic forces, and Dmitry Zavadsky, a journalist known for his critical reporting, have disappeared and are presumed dead; (8) former Belarus government officials have come forward with credible allegations and evidence that top officials of the Lukashenka regime were involved in the disappearances; (9) the Lukashenka regime in Belarus systematically harasses and represses the independent media and actively suppresses freedom of speech and expression; (10) the Lukashenka regime harasses the autocephalic Belarusian Orthodox Church, the Roman Catholic Church, evangelical Protestant churches, and other minority religious groups; (11) the United States, the European Union, the North Atlantic Treaty Organization (NATO) Parliamentary Assembly, and the OSCE Parliamentary Assembly do not recognize the National Assembly; (12) the parliamentary elections of October 15, 2000, conducted in the absence of a democratic election law, were illegitimate, unconstitutional, plagued by violent human rights abuses committed by the Lukashenka regime, and determined to be non-democratic by the OSCE; and (14) the presidential election of September 9, 2001, was determined by the OSCE and other observers to be fundamentally unfair and failed to meet the OSCE commitments for democratic elections formulated in the 1990 Copenhagen Document and featured significant and abusive misconduct by the Lukashenka regime, including-- (A) the harassment, arrest, and imprisonment of opposition members; (B) the denial of equal and fair access by opposition candidates to the state-controlled media; (C) the seizure of equipment and property of independent nongovernmental organizations and press organizations and the harassment of their staff and management; (D) voting and vote counting procedures that were not transparent; and (E) a campaign of intimidation directed against opposition activists, domestic election observation organizations, opposition and independent media, and a libelous media campaign against international observers. SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS. (a) Purposes of Assistance.--The assistance under this section shall be available for the following purposes: (1) To assist the people of the Republic of Belarus in regaining their freedom and to enable them to join the international community of democracies. (2) To encourage free and fair presidential, parliamentary, and local elections in Belarus, conducted in a manner consistent with internationally accepted standards and under the supervision of internationally recognized observers. (3) To assist in restoring and strengthening institutions of democratic government in Belarus. (b) Authorization for Assistance.--To carry out the purposes of subsection (a), the President is authorized to furnish assistance and other support for the activities described in subsection (c), to be provided primarily for indigenous Belarusian groups that are committed to the support of democratic processes. (c) Activities Supported.--Activities that may be supported by assistance under subsection (b) include-- (1) the observation of elections and the promotion of free and fair electoral processes; (2) development of democratic political parties; (3) radio and television broadcasting to and within Belarus; (4) the development of nongovernmental organizations promoting democracy and supporting human rights both in Belarus and abroad; (5) the development of independent media working within Belarus and from locations outside of Belarus and supported by nonstate-controlled printing facilities; (6) international exchanges and advanced professional training programs for leaders and members of the democratic forces in skill areas central to the development of civil society; and (7) other activities consistent with the purposes of this Act. (d) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the President to carry out this section $40,000,000 for fiscal years 2003 and 2004. (2) Availability of funds.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 4. RADIO BROADCASTING TO BELARUS. (a) Purpose.--It is the purpose of this section to authorize increased support for United States Government and surrogate radio broadcasting to the Republic of Belarus that will facilitate the unhindered dissemination of information. (b) Authorization of Appropriations.--In addition to such sums as are otherwise authorized to be appropriated, there is authorized to be appropriated $5,000,000 for each fiscal year for Voice of America and RFE/RL, Incorporated for radio broadcasting to the people of Belarus in languages spoken in Belarus. (c) Reporting on Radio Broadcasting to and in Belarus.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on how funds appropriated and allocated pursuant to the authorizations of appropriations under subsection (b) and section 3(d) will be used to provide AM and FM broadcasting that covers the territory of Belarus and delivers independent and uncensored programming. SEC. 5. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS. (a) Application of Sanctions.--The sanctions described in subsections (c) through (f) shall apply with respect to the Republic of Belarus until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b). (b) Conditions.--The conditions referred to in subsection (a) are the following: (1) The release of individuals in Belarus who have been jailed based on political beliefs. (2) The withdrawal of politically motivated legal charges against all opposition figures in Belarus. (3) A full accounting of the disappearances of opposition leaders and journalists in Belarus, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of those individuals who are responsible for their disappearances. (4) The cessation of all forms of harassment and repression against the independent media, nongovernmental organizations, and the political opposition in Belarus. (5) The implementation of free and fair presidential and parliamentary elections in Belarus consistent with OSCE standards on democratic elections and in cooperation with relevant OSCE institutions. (c) Denial of Entry Into the United States of Belarusian Officials.--It is the sense of Congress that the President should use his authority under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to deny the entry into the United States of any alien who-- (1) holds a position in the senior leadership of the Government of Belarus; or (2) is a spouse, minor child, or agent of a person inadmissible under paragraph (1). (d) Prohibition on Strategic Exports to Belarus.-- (1) Prohibition.--No computers, computer software, goods or technology intended to manufacture or service computers, or any other related goods or technology may be exported to Belarus for use by the Government of Belarus, or by its military, police, prison system, or national security agencies. The prohibition of the preceding sentence shall not apply with respect to the export of goods or technology for democracy- building or humanitarian purposes. (2) Rule of construction.--Nothing in this subsection shall prevent the issuance of licenses to ensure the safety of civil aviation and safe operation of United States-origin commercial passenger aircraft and to ensure the safety of ocean-going maritime traffic in international waters. (e) Prohibition on Loans and Investment.-- (1) United states government financing.--No loan, credit guarantee, insurance, financing, or other similar financial assistance may be extended by any agency of the United States Government (including the Export-Import Bank and the Overseas Private Investment Corporation) to the Government of Belarus, except with respect to the provision of humanitarian goods and agricultural or medical products. (2) Trade and development agency.--No funds available to the Trade and Development Agency may be available for activities of the Agency in or for Belarus. (f) Denial of Generalized System of Preferences (GSP).-- (1) Finding and declaration of policy.--Congress-- (A) finds that the Government of Belarus has failed to respect internationally recognized worker rights; and (B) approves the decision of the President to deny duty-free tariff treatment under title V of the Trade Act of 1974 to eligible articles of the Republic of Belarus. (2) Denial of gsp benefits.--The President shall continue to deny duty-free treatment for eligible articles of Belarus in accordance with the provisions of title V of the Trade Act of 1974 and this section. (g) Multilateral Financial Assistance.--It is the sense of Congress that, in addition to the application of the sanctions described in subsections (c) through (f) to the Republic of Belarus (until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b)), the Secretary of the Treasury should instruct the United States Executive Director of each international financial institution to which the United States is a member to use the voice and vote of the United States to oppose any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Belarus, except for loans and assistance that serve humanitarian needs. (h) Waiver.--The President may waive the application of any sanction described in this section with respect to Belarus if the President determines and certifies to the appropriate congressional committees that it is important to the national interests of the United States to do so. SEC. 6. MULTILATERAL COOPERATION It is the sense of Congress that the President should continue to seek to coordinate with other countries, particularly European countries, a comprehensive, multilateral strategy to further the purposes of this Act, including, as appropriate, encouraging other countries to take measures with respect to the Republic of Belarus that are similar to measures described in this Act. SEC. 7. REPORT. (a) Report.--Not later than 90 days after the date of enactment of this Act, and every year thereafter, the President shall transmit to the appropriate congressional committees a report that describes, with respect to the preceding 12-month period, the following: (1)(A) The sale or delivery of weapons or weapons-related technologies from the Republic of Belarus to any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. app. 2405(j)(1)), has repeatedly provided support for acts of international terrorism. (B) An identification of each country described in subparagraph (A) and a detailed description of the weapons or weapons-related technologies involved in the sale. (C) An identification of the goods, services, credits, or other consideration received by Belarus in exchange for the weapons or weapons-related technologies. (2) The personal assets and wealth of Aleksandr Lukashenka and other senior leadership of the Government of Belarus. (b) Form.--A report transmitted pursuant to subsection (a) shall be in unclassified form but may contain a classified annex. SEC. 8. DECLARATION OF POLICY. Congress hereby-- (1) expresses its support to those in the Republic of Belarus seeking-- (A) to promote democracy and the rule of law and to consolidate the independence and sovereignty of Belarus; and (B) to promote its integration into the European community of democracies; (2) expresses its grave concern about the disappearances of Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky; (3) calls upon the Lukashenka regime to cease its persecution of political opponents and to release those individuals who have been imprisoned for opposing his regime; (4) calls upon the Lukashenka regime to end the pattern of clear, gross, and uncorrected violations of relevant Organization for Security and Cooperation in Europe (OSCE) human dimension commitments and to respect the basic freedoms of speech, expression, assembly, association, language, culture, and religion or belief; (5) calls upon the Government of the Russian Federation to use its influence to encourage democratic development in Belarus so that Belarus can become a democratic, prosperous, sovereign, and independent state that is integrated into Europe; (6) calls upon the Government of Belarus to resolve the continuing constitutional and political crisis through free, fair, and transparent presidential and parliamentary elections, including, as called for by the OSCE, through respect for human rights, an end to the current climate of fear, meaningful access by the opposition to state media, modification of the electoral code in keeping with OSCE commitments, engagement in genuine talks with the opposition, and modifications to allow for genuine authority for the parliament; and (7) commends the democratic opposition in Belarus for their commitment to freedom, their courage in the face of the repression of the Lukashenka regime in Belarus, and the emergence of a pluralist civil society in Belarus--the foundation for the development of democratic political structures. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) OSCE.--The term ``OSCE'' means the Organization for Security and Cooperation in Europe. (3) Senior leadership of the government of belarus.--The term ``senior leadership of the Government of Belarus'' includes-- (A) the President, Prime Minister, Deputy Prime Ministers, government ministers, Chairmen of State Committees, and members of the Presidential Administration of Belarus; (B) any official of the Government of Belarus who is personally and substantially involved in the suppression of freedom in Belarus, including judges and prosecutors; and (C) any other individual determined by the Secretary of State (or the Secretary's designee) to be personally and substantially involved in the formulation or execution of the policies of the Lukashenka regime that are in contradiction of internationally recognized human rights standards.
Belarus Democracy Act of 2002 - Authorizes the President to support primarily indigenous Belarusian groups that are committed to the support of democratic processes in various activities that may include: (1) observation of elections and the promotion of free and fair electoral processes, including the development of democratic political parties; (2) development of independent media supported by nonstate-controlled printing facilities; (3) support of human rights; and (4) establishment of international exchanges and advanced professional training programs for leaders and members of democratic forces that foster the growth of civil society.Places economic sanctions on Belarus and bars senior Belarusian leaders and their immediate relations from entering the United States. Allows sanctions to be lifted only if the Belarusian Government meets specific democratic conditions. Affirms solidarity with the democratic forces in Belarus and calls upon the Government of Belarus to permit basic freedoms and allow free, fair and transparent presidential and parliamentary elections. Calls upon the Russian Government to use its influence to encourage democratic development in Belarus so that it can become an independent state that is integrated into Europe.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Trans-Atlantic Religious Protection Act (TARPA) of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Article 18 of the Universal Declaration of Human Rights states that ``[e]veryone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance''. (2) Article 18 of the International Covenant on Civil and Political Rights states that ``[n]o one shall be subject to coercion which would impair his freedom to have or adopt a religion or belief of his choice''. (3) The member countries of the Organization for Security and Cooperation in Europe (OSCE) have undertaken a series of specific commitments designed to ensure the freedom of the individual to profess and practice religion or belief, including a commitment by those countries to ensure the full and effective exercise of the freedom of thought, conscience, religion, or belief, in their laws and regulations. (4) Principle VII of the Helsinki Final Act commits the OSCE member countries to ``recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience''. (5) The 1989 Vienna Concluding Document commits the OSCE member countries to ``take effective measures to prevent and eliminate discrimination against individuals or communities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life''. (6) In the 1991 Moscow Document, the OSCE member countries ``categorically and irrevocably declare that the commitments undertaken in the field of the human dimension . . . are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned''. (7) Freedom of thought, conscience, religion, or belief is inextricably linked to the exercise of other rights, including the right to freedom of peaceful assembly and association, the right to freedom of association with others, and the right to freedom of expression, and the recognition that all persons are equal before the law and are entitled without any discrimination to the equal protection of the law, including in employment. (8) The United States Department of State's annual reports on religious freedom and human rights have documented numerous instances of government discrimination in Western Europe based on religion or belief, including discriminatory acts against American members of several different religious denominations and beliefs. (9) Both the Office of the United States Trade Representative and the Department of State have objected to the use of discriminatory procurement practices by German Federal, state and local governmental agencies and private entities which have the potential to discriminate against United States firms in procurement decisions by permitting agencies and firms to reject bids and terminate contracts with firms that do not attest that the firm and its employees are not affiliated with certain religious beliefs. (10) In France, Federal and local governmental agencies, as well as private businesses responding to French Government actions, have terminated contracts with a United States-owned software firm solely because of the religious beliefs of the firm's founder. (11) A law enacted by the French Parliament on May 30, 2001, contains repressive measures which would have a chilling effect on the freedom religion and belief, including the dissolution of targeted religious associations, the imprisonment of members of such groups, and infringement upon freedom of speech, including speech intended to persuade another person to a particular point of view, whether philosophical or religious. (12) His Holiness Pope John Paul II has spoken out against the new French law as potentially devastating. While formally accepting the credentials of the new French Ambassador to the Holy See, the Pope reminded the ambassador that ``religious liberty in the full sense of the term, is the first human right . . . [t]his means a liberty which is not reduced to the private sphere only . . . [t]o discriminate [against] religious beliefs, or to discredit one or another form of religious practices is a form of exclusion contrary to the respect of fundamental human values and will eventually destabilize society, where a pluralism of thought and action should exist, as well as a benevolent and brotherly attitude . . . [t]his will necessarily create a climate of tension, intolerance, opposition and suspect, not conducive to social peace''. (13) United States Department of State officials testifying on the new French law before the Senate Foreign Relations Committee on May 1, 2001, and the House Committee on International Relations on July 11, 2001, underscored that ``[t]he United States is concerned that such policies are becoming institutionalized in some parts of Europe and are having the effect of appearing to justify restrictive laws elsewhere such as Russia, Central Asia, and even China''. (14) A 1996 French National Assembly report listed 173 organizations as suspect, including independent evangelical Christian churches, Scientologists, Jehovah's Witnesses, and Unificationists and this report has been used by both private and official entities to harass, intimidate, deny employment, and deny commercial loans to listed groups, and members of other religious groups, such as Southern Baptists, Seventh Day Adventists, the Catholic Charismatic Renewal movement, Opus Dei, and the Society of Jesus, have also been subject to recent discrimination and harassment at the hands of the French Government. (15) The Parliament of Austria passed a law in 1997 which codified a tiered system of government recognition and preferential treatment and which requires religious groups seeking recognition to undergo government surveillance for at least 10, or up to 20, years to prove legitimacy to government officials. (16) The Austrian law on religion is cited as justification for more repressive laws being proposed in nascent democracies further east, such as Hungary and Romania, and has been cited by Russian officials as justification for an oppressive 1997 Russian religion law. (17) The Government of Austria has instituted a ``sect'' office which disseminates official propaganda on religious groups not recognized by the government and leading to a chilling effect on religious liberty. (18) The Parliament of Belgium issued a report in 1997 on ``sects'' with a widely circulated informal appendix listing 189 groups as suspect, including many Protestant and Catholic groups, Quakers, Hasidic Jews, Buddhists, and members of the Young Women's Christian Association (YWCA), based on rumor and speculation found in police files, and implicitly warning the public to avoid such ``dangerous'' groups. (19) The Parliament of Belgium has established a government Center for Information and Advice on Harmful Sectarian Organizations which disseminates official views on groups considered ``sects'' as defined by the list in the appendix to the 1997 Belgian Parliament report. (20) On April 29, 1998, the Italian Ministry of Internal Affairs sent a report to the lower house of the Italian Parliament entitled ``Cults and New Magical Movements in Italy''. This report mentions that the Ministry of Internal Affairs monitors 137 groups--76 of which are categorized as ``new religions'' and 61 as ``new magical movements''. This report, according to Dr. Massimo Introvigne of CESNUR in Italy, notes that ``the real danger is that, because of the media event created around the report, respectable and law-abiding citizens who happen to be members of movements mentioned, but explicitly exonerated from any charge in the report may be discriminated against or maligned''. (21) Some evangelical and charismatic Christian churches have been targeted in parliamentary investigations in France, Belgium, and Germany. (22) Jehovah's Witnesses have been subjected in France to various forms of harassment, have been informed by German state tax authorities that the long-standing exemption from property taxation for their houses of worship may be canceled in the near future, continue to suffer from employment discrimination in Austria, France, and Germany, and have been discriminated against in foster parent proceedings in Germany and in some child custody matters in Belgium. (23) Muslims have been subjected to harassment, including police brutality and attacks by extremist groups, particularly in Germany and France, and Muslim women are subject to frequent discrimination and other forms of abuse and harassment because they wear a head covering. (24) Adherents to the Church of Jesus Christ of Latter-day Saints have been subject to continued acts of harassment, including confiscation of religious materials, and are prevented from freely sharing their beliefs in several Organization for Security and Cooperation in Europe (OSCE) member countries. (25) Members of the Church of Scientology have been subject to pervasive civil, political, and economic discrimination, harassment, surveillance, and orchestrated boycotts in Germany, France, Belgium, and Austria. (26) The Law of Sects in Spain, passed in 1989, authorizes the police to investigate ``sects'' with a ``destructive'' character. As a result, a special unit was created within the police to investigate these allegedly dangerous sects. (27) The Government of the Canary Islands, one of Spain's 17 regions, has refused to grant permission to the Salvation Army to open a center for needy children on the grounds that the Salvation Army is categorized as a ``destructive sect''. (28) Actions by Western European governments have contributed to intolerance by public and private actors who have discriminated in hiring practices or terminated employment based on an individual's religious affiliation. (29) The September 11, 2001, terrorist attacks against the United States have intensified fears of infringement and violations of religious freedom, with experts cautioning against the use of the antiterrorism effort as an excuse for arbitrary abuses and proliferation of anti-sect laws and lists such as those used by European countries to monitor or restrict particular religious groups. SEC. 3. DIPLOMATIC EFFORTS. (a) General Efforts.--The President and the Secretary of State-- (1) shall raise violations of freedom of thought, conscience, religion, or belief at every appropriate level with representatives of European countries that have failed to implement their international commitments and obligations in this regard; (2) shall make full use of existing meetings and structures of international organizations and multilateral fora to raise violations by Organization for Security and Cooperation in Europe (OSCE) member countries of freely undertaken international commitments both to protect and to provide for the full and effective exercise of the freedom of thought, conscience, religion, or belief under their respective jurisdictions; and (3) to the maximum extent practicable, shall appoint experts on religious liberty to United States delegations to appropriate meetings of international organizations. (b) United States-EU Inter-Parliamentary Meetings.--United States representatives to the United States-European Union Inter-Parliamentary meetings, should raise at such meetings the issue of laws, regulations, and other practices in the members countries which infringe upon freedom of thought, conscience, religion or belief and take concrete steps to address these violations. SEC. 4. ACTIONS BY DEPARTMENT OF STATE. (a) Diversity and Tolerance Exchanges.--The Secretary of State, through the Bureau of Educational and Cultural Exchange, shall promote educational and cultural workshops and forums among academics, religious leaders, and human rights organizations in the United States and their European counterparts in an effort to promote a better understanding of religious and philosophical diversity and a tolerant society. (b) Human Rights Monitors.--The Secretary of State, through the Bureau of Democracy, Human Rights, and Labor and the Bureau of Diplomatic and Consular Affairs, shall train United States human rights monitors stationed at European posts to identify, investigate, and monitor persecution and discrimination on the basis of religion or belief. (c) Denial of Visas.--The Secretary of State may not issue a visa to, and the Attorney General shall exclude from the United States, any alien who the Secretary of State determines is a high-ranking official of the government of a country, or a commercial or other entity of a government, which is in violation of international obligations to guarantee and ensure the full and effective exercise of freedom of thought, conscience, religion, or belief. (d) Travel Advisories.--The Secretary of State shall issue travel advisories on countries which discriminate on the basis of religion or belief advising Americans of the potential dangers faced by individuals who are members of targeted groups. SEC. 5. ACTIONS BY UNITED STATES TRADE REPRESENTATIVE. The President shall, in accordance with section 301(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a)(1)), direct the United States Trade Representative-- (1) to take all appropriate action authorized under section 301(c) of such Act against each European country the government of which engages in or tolerates violations of religious freedom (as determined under section 401 of the International Religious Freedom Act of 1998), including the imposition of duties or other import restrictions on goods of such country that are similar to the goods of a United States individual or United States business (or its subsidiary) that is subject to such violations of religious freedom; and (2) to initiate appropriate action at the World Trade Organization against each European country described in paragraph (1). SEC. 6. ACTIONS BY DEPARTMENT OF COMMERCE. The President shall direct the Secretary of Commerce-- (1) to incorporate into the programs and assistance of the International Trade Administration guidelines and warnings regarding the discriminatory practices of European countries against United States products or businesses (and their subsidiaries) on the basis of religion or belief; and (2) to make it a priority to advocate on behalf of United States businesses being discriminated against by European countries on the basis of religion or belief to ensure full market access and achieve full compliance by such countries with international trade agreements and accords entered into with the United States. SEC. 7. PRESIDENTIAL WAIVER. (a) Waiver.--Subject to subsection (b), the President may waive any provision of this Act with respect to a country if the President determines and so reports to Congress that-- (1) the government of the country has ceased the violations giving rise to the action under this Act; (2) the exercise of the waiver would further the purposes of this Act; or (3) it is important to the national interests of the United States to do so. (b) Congressional Notification.--Prior to exercising his authority to waive any provision of this Act pursuant to subsection (a), the President shall notify Congress of the waiver together with a detailed justification thereof.
Trans-Atlantic Religious Protection Act (TARPA) of 2001 - Directs the President and the Secretary of State to raise violations of freedom of thought, conscience, religion, or belief at every level (including at international meetings) with representatives of European countries that have failed to implement their international commitments and obligations with respect to such freedoms.Directs the Secretary of State to: (1) promote educational and cultural workshops and forums among academies, religious leaders, and human rights organizations in the United States and in Europe in an effort to promote a better understanding of religious and philosophical diversity and a tolerant society; (2) train U.S. human rights monitors stationed at European posts to identify, investigate, and monitor persecution and discrimination on the basis of religion or belief; and (3) issue travel advisories on countries which discriminate on the basis of religion or belief advising Americans of potential dangers faced by individuals who are members of targeted groups. Authorizes the Secretary of State not to issue a visa to, and requires the Attorney General to exclude from the United States, any alien who is a high-ranking official of a government which is in violation of international obligations to guarantee such freedoms.Directs the U.S. Trade Representative to impose certain trade sanctions against European countries that engage in or tolerate violations of religious freedom.Directs the Secretary of Commerce to incorporate into International Trade Administration programs guidelines and warnings regarding discriminatory practices of European countries against U.S. products or businesses on the basis of religion.
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granting the consent of Congress to the Emergency Management Assistance Compact' (Public Law 104-321; 110 Stat. 3877). ``(b) Uses.--A grant under this section shall be used to-- ``(1) carry out recommendations identified in after-action reports for the 2004 and 2005 hurricane season issued under the Emergency Management Assistance Compact; ``(2) coordinate with the Department and other Federal Government agencies; ``(3) coordinate with State and local government entities and their respective national associations; ``(4) assist State and local governments with credentialing emergency response providers and the typing of emergency response resources; or ``(5) administer the operations of the Emergency Management Assistance Compact. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $4,000,000 for each of fiscal years 2007 through 2010. Amounts appropriated under this section shall remain available for 3 fiscal years after the date on which such funds are appropriated. ``SEC. 517. OFFICE FOR THE PREVENTION OF TERRORISM. ``(a) Establishment.--There is established in the Department an Office for the Prevention of Terrorism, which shall be headed by a Director. ``(b) Director.-- ``(1) Reporting.--The Director of the Office for the Prevention of Terrorism shall report directly to the Secretary. ``(2) Qualifications.--The Director of the Office for the Prevention of Terrorism shall have an appropriate background with experience in law enforcement, intelligence, or other anti-terrorist functions. ``(c) Assignment of Personnel.-- ``(1) In general.--The Secretary shall assign to the Office for the Prevention of Terrorism permanent staff and other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this section. ``(2) Liaisons.--The Secretary shall designate senior employees from each component of the Department that has significant antiterrorism responsibilities to act a liaison between that component and the Office for the Prevention of Terrorism. ``(d) Responsibilities.--The Director of the Office for the Prevention of Terrorism shall-- ``(1) coordinate policy and operations between the Department and State and local government agencies relating to preventing acts of terrorism within the United States; ``(2) serve as a liaison between State and local law enforcement agencies and the Department; ``(3) in coordination with the Office of Intelligence, develop better methods for the sharing of intelligence with State and local law enforcement agencies; ``(4) coordinate with the Office of Grants and Training to ensure that homeland security grants to State and local government agencies are adequately focused on terrorism prevention activities; and ``(5) coordinate with the Authority, the Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to develop national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers. ``(e) Pilot Project.-- ``(1) In general.--The Director of the Office for the Prevention of Terrorism, in coordination with the Director for Response, shall establish a pilot project to determine the efficacy and feasibility of establishing law enforcement deployment teams. ``(2) Function.--The law enforcement deployment teams participating in the pilot program under this subsection shall form the basis of a national network of standardized law enforcement resources to assist State and local governments in responding to a natural or man-made disaster. ``(f) Construction.--Nothing in this section may be construed to effect the roles or responsibilities of the Department of Justice. ``SEC. 518. DEPARTMENT OFFICIALS. ``(a) Cybersecurity and Telecommunications.--There is in the Department an Assistant Secretary for Cybersecurity and Telecommunications. ``(b) United States Fire Administration.--The Administrator of the United States Fire Administration shall have a rank equivalent to an assistant secretary of the Department.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendments made by this Act. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Executive Schedule.-- (1) Administrator.--Section 5313 of title 5, United States Code, is amended by adding at the end the following: ``Administrator of the United States Emergency Management Authority.''. (2) Directors.--Section 5314 of title 5, United States Code, is amended by adding at the end the following: ``Directors, United States Emergency Management Authority.''. (3) FEMA officers.-- (A) Federal insurance administrator.--Section 5315 of title 5, United States Code, is amended by striking ``Federal Insurance Administrator, Federal Emergency Management Agency.''. (B) Inspector general.--Section 5315 of title 5, United States Code, is amended by striking ``Inspector General, Federal Emergency Management Agency.''. (C) Chief information officer.--Section 5315 of title 5, United States Code, is amended by striking ``Chief Information Officer, Federal Emergency Management Agency.''. (b) Officers of the Department.--Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended-- (1) by striking paragraph (5) and inserting the following: ``(5) An Administrator of the United States Emergency Management Authority.''; (2) by striking paragraph (2); and (3) by redesignating paragraphs (3) through (10) (as amended by this subsection) as paragraphs (2) through (9), respectively. (c) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by striking the items relating to title V and sections 501 through 509 and inserting the following: ``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE ``Sec. 501. Definitions. ``Sec. 502. United States Emergency Management Authority. ``Sec. 503. Authorities and responsibilities. ``Sec. 504. Authority components. ``Sec. 505. Preserving the United States Emergency Management Authority. ``Sec. 506. Directors. ``Sec. 507. Regional Offices. ``Sec. 508. National Advisory Council on Emergency Preparedness and Response. ``Sec. 509. National Incident Management System Integration Center. ``Sec. 510. National Operations Center. ``Sec. 511. Chief Medical Officer. ``Sec. 512. Public and community preparedness. ``Sec. 513. SAVER Program. ``Sec. 514. National Search and Rescue Response System. ``Sec. 515. Metropolitan Medical Response System. ``Sec. 516. Emergency Management Assistance Compact authorization. ``Sec. 517. Office for the Prevention of Terrorism Coordination. ``Sec. 518. Department officials. ``Sec. 519. Nuclear incident response. ``Sec. 520. Conduct of certain public health-related activities. ``Sec. 521. Use of national private sector networks in emergency response. ``Sec. 522. Use of commercially available technology, goods, and services. ``Sec. 523. Procurement of security countermeasures for strategic national stockpile. ``Sec. 524. Urban and other high risk area communications capabilities.''. SEC. 5. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on January 1, 2007.
United States Emergency Management Authority Act of 2006 - Amends the Homeland Security Act of 2002 to replace provisions concerning the Directorate of, and the Under Secretary for, Emergency Preparedness and Response in the Department of Homeland Security (DHS) with provisions establishing a United States Emergency Management Authority to lead the nation's efforts to prepare for, respond to, recover from, and mitigate the risks of natural and man-made disasters, including catastrophic incidents. Directs the Authority's Administrator to: (1) provide federal leadership necessary to prepare for and respond to disasters; (2) develop a National Emergency Management System capable of responding to catastrophic incidents; (3) establish 10 Regional Offices; and (4) promote public and community preparedness. Transfers functions of the Federal Emergency Management Agency (FEMA) and the Directorate to the Authority. Requires the Authority to be maintained as a distinct entity within DHS. Establishes within the Authority a Director for Preparedness and a Director for Response and Recovery. Requires: (1) each Regional Administrator to establish multi-agency strike teams; and (2) the Secretary of DHS to establish the National Advisory Council on Emergency Preparedness and Response. Establishes within the Authority a National Incident Management System Integration Center, a Chief Medical Officer, a National Search and Rescue Response System, and a Metropolitan Medical Response System. Establishes within DHS a National Operations Center, a System Assessment and Validation for Emergency Responders Program, an Assistant Secretary for Cybersecurity and Telecommunications, and an Office for the Prevention of Terrorism. Authorizes the Secretary, acting through the Administrator, to make grants to administer and improve the Emergency Management Assistance Compact.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Seafood Safety and Mercury Screening Act of 2002''. SEC. 2. REQUIREMENT OF ESTABLISHMENT OF TOLERANCE FOR METHYL MERCURY IN SEAFOOD. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended-- (1) in section 402(a)(2)(A), by inserting ``methyl mercury in seafood,'' after ``food additive,''; (2) in section 402(a)(2), by inserting after ``section 512; or'' the following: ``(D) if it is seafood that bears or contains methyl mercury that is unsafe within the meaning of section 406A(a); or''; and (3) by inserting after section 406 the following section: ``tolerance for methyl mercury in seafood ``Sec. 406A. (a) In General.--Not later than one year after the date of the enactment of the Seafood Safety and Mercury Screening Act of 2002, the Secretary shall by regulation establish a tolerance for the presence of methyl mercury in seafood, which shall be based on a scientific analysis of the health risks attributable to such substance. Any seafood containing methyl mercury shall be deemed unsafe for purposes of section 402(a)(2)(D) unless the quantity of such substance is within the limits of the tolerance. ``(b) Standard.-- ``(1) In general.--The Secretary shall ensure that the tolerance under subsection (a) is safe, and shall modify or revoke the tolerance if the Secretary determines that it is not safe. ``(2) Determination of safety.--As used in this section, the term `safe', with respect to a tolerance for methyl mercury in seafood, means that the Secretary has determined that there is a reasonable certainty that no harm will result from aggregate exposure to methyl mercury, including all anticipated dietary exposures and all other exposures for which there is reliable information. ``(c) Pregnant Women, Infants, and Children.--In establishing or modifying a tolerance under subsection (a), the Secretary shall ensure that there is a reasonable certainty that no harm will result to pregnant women, infants, and children from aggregate exposure to methyl mercury. ``(d) Sampling System.--Not later than 18 months after the date of the enactment of the Seafood Safety and Mercury Screening Act of 2002, the Secretary, after consultation with the Secretary of Agriculture, shall establish a system for the ongoing collection and analysis of samples of seafood to determine the extent of compliance with the tolerance under subsection (a). Such system shall provide statistically valid monitoring, including market-basket studies, with respect to such compliance. ``(e) Public Education and Advisory System.-- ``(1) Public education.--The Secretary, in cooperation with private and public organizations, including the cooperative extension services and appropriate State entities, shall design and implement a national public education program regarding the presence of methyl mercury in seafood. The program shall provide-- ``(A) information to the public regarding Federal standards and good practice requirements and promotion of public awareness understanding and acceptance of such standards and requirements; ``(B) information to health professionals so that they may improve diagnosis and treatment of mercury- related illness and advise individuals whose health conditions place them in particular risk; and ``(C) such other information or advice to consumers and other persons as the Secretary determines will promote the purposes of this section. ``(2) Health advisories.--The Secretary, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall work with the States and other appropriate entities to-- ``(A) develop and distribute regional and national advisories concerning the presence of methyl mercury in seafood; ``(B) develop standardized formats for written and broadcast advisories regarding methyl mercury in seafood; and ``(C) incorporate State and local advisories into the national public education program required in paragraph (1).''. SEC. 3. CONSIDERATION OF REPORT OF NATIONAL ACADEMY OF SCIENCES. In carrying out section 406A of the Federal Food, Drug, and Cosmetic Act (as added by the amendment made by section 2 of this Act), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall consider the findings made by the National Academy of Sciences regarding the Environmental Protection Agency's recommended level for methyl mercury exposure and the presence of methyl mercury in seafood, as such findings are described in the report issued by such Academy in July 2000. SEC. 4. REPORT. Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall submit to the Congress a report on the progress of the Secretary in establishing the tolerance required by the amendments made by section 2. The report shall include a description of the research that has been conducted with respect to the tolerance.
Seafood Safety and Mercury Screening Act of 2002 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) provide that seafood containing an unsafe quantity of methyl mercury shall be deemed to be adulterated; (2) require the Secretary of Health and Human Services to establish a tolerance for methyl mercury in seafood based on a scientific analysis of the health risks attributable to such substance; and (3) deem unsafe any seafood containing methyl mercury over the tolerance limits.Requires the Secretary to ensure that there is a reasonable certainty that no harm will result to pregnant women, infants, and children from aggregate exposure to methyl mercury.Directs the Secretary to: (1) establish a sampling system to determine the extent of tolerance compliance; (2) design and implement a related public education program; (3) develop national and regional methyl mercury advisories; and (4) consider certain findings of the National Academy of Sciences regarding the Environmental Protection Agency's recommended level for methyl mercury.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowner Equity Protection Act of 2010''. SEC. 2. PROHIBITION ON TRANSFER FEES AND COVENANTS. (a) Prohibition.--The Real Estate Settlement Procedures Act of 1974 is amended by inserting after section 12 (12 U.S.C. 2610) the following new section: ``SEC. 13. PROHIBITION ON TRANSFER FEES AND COVENANTS. ``(a) Transfer Fee Covenants After Effective Date.--No person shall demand or accept a transfer fee pursuant to a transfer fee covenant that is recorded in any State if the transfer for which the transfer fee is imposed involves a federally related mortgage loan and such transfer occurs after the effective date under section 3 of the Homeowner Equity Protection Act of 2010. No person shall enforce or seek to enforce any lien purporting to secure the payment of a transfer fee pursuant to a transfer fee covenant recorded in any State in connection with any transfer involving a federally related mortgage loan if such transfer occurs after such effective date. ``(b) Coordination With State Law.--No provision of State law or regulation that imposes more stringent limitations on transfer fees or transfer fee covenants shall be construed as being inconsistent with this section. ``(c) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Covered association.--The term `covered association' means a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, manufactured homes, or any interest in real property, created pursuant to a declaration, covenant, or other applicable law. ``(2) State.--The term `State' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. ``(3) Transfer.--The term `transfer' means, with respect to real property, the sale, gift, grant, conveyance, assignment, inheritance, or other transfer of an interest in the real property. ``(4) Transfer fee.--The term `transfer fee' means a fee or charge imposed by a transfer fee covenant, except that such term shall not include any tax, assessment, fee, or charge imposed by a governmental authority pursuant to applicable laws, regulations, or ordinances. ``(5) Transfer fee covenant.-- ``(A) In general.--The term `transfer fee covenant' means a provision in a document relating to the transfer of specified residential real property located in any State and designed principally for the occupancy of from one to four families, whether recorded or not and however denominated, that-- ``(i) purports to run with the land or bind current owners of, or successors in title to such real property; and ``(ii) obligates a transferee or transferor of all or part of the property to pay a fee or charge to a third person upon transfer of an interest in all or part of the property, or in consideration for permitting any such transfer. ``(B) Exclusions.--Such term shall not include-- ``(i) any provision of a purchase contract, option, mortgage, security agreement, real property listing agreement, or other agreement that obligates one party to the agreement to pay the other, as full or partial consideration for the agreement or for a waiver of rights under the agreement, an amount determined by the agreement, if such amount-- ``(I) is payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; ``(II) constitutes a loan assumption or similar fee charged by a lender holding a lien on the property; or ``(III) constitutes a fee or commission paid to a licensed real estate broker for brokerage services rendered in connection with the transfer of the property for which the fee or commission is paid; ``(ii) any provision in a deed, memorandum, or other document recorded for the purpose of providing record notice of an agreement described in clause (i); ``(iii) any provision of a document requiring payment of a fee, charge, assessment, dues, fine, contribution, or other amount payable to a covered association pursuant to a declaration or covenant or law applicable to such covered association, including fees or charges payable for estoppel letters or certificates issued by the covered association or its authorized agent; or ``(iv) any provision of a document requiring payment of a fee or charge to an organization described in paragraph (3) or (4) of section 501(c) of the Internal Revenue Code of 1986, to be used exclusively to support cultural, educational, charitable, recreational, environmental, conservation, or other similar activities benefitting the real property affected by the provision or the community of which the property is a part. ``(d) Remedies.-- ``(1) Penalties.--Any person or persons who violate this section shall be fined not more than $10,000 or imprisoned for not more than one year, or both. ``(2) Joint and several liability; treble damages.--Any person or persons who violate the prohibitions or limitations of this section shall be jointly and severally liable to the person or persons charged for the transfer fee involved in the violation in an amount equal to three times the amount of any such transfer fee involved. ``(3) Actions by secretary and state officials.--The Secretary, the Attorney General of any State, or the insurance commissioner of any State may bring an action to enjoin violations of this section. ``(4) Court costs and attorneys fees.--In any private action brought pursuant to this subsection, the court may award to the prevailing party the court costs of the action together with reasonable attorneys fees.''. (b) Jurisdiction of Courts.--Section 16 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2614) is amended by striking ``or 9'' each place such term appears and inserting ``, 9, or 13''. SEC. 3. EFFECTIVE DATE. The amendment made by section 2 shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act.
Homeowner Equity Protection Act of 2010 - Amends the Real Estate Settlement Procedures Act of 1974 to prohibit any person from demanding or accepting a transfer fee pursuant to a transfer fee covenant recorded in any state if the transfer for which such fee is imposed involves a federally related mortgage loan and the transfer occurs after the expiration of the 90-day period beginning on the date of the enactment of this Act. Prohibits enforcement of a lien purporting to secure the payment of such a fee. Defines a "transfer fee covenant" as a provision in a document relating to the transfer of specified residential real property designed principally for the occupancy of from one to four families, whether recorded or not and however denominated, that: (1) purports to run with the land or bind current owners of, or successors in title to such real property; and (2) obligates a transferee or transferor of all or part of the property to pay a fee or charge to a third person upon transfer of an interest in all or part of the property, or in consideration for permitting any such transfer. Imposes civil and criminal penalties, including liability for treble damages, for violation of this Act. Allows an action pursuant to this Act to be brought in the U.S. district court, or in any other court of competent jurisdiction, for the district in which the property involved is located.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Safety Device Act of 2004''. SEC. 2. REQUIREMENT OF CHILD HANDGUN SAFETY DEVICES. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) The term `locking device' means a device or locking mechanism that is approved by a licensed firearms manufacturer for use on the handgun with which the device or locking mechanism is sold, delivered, or transferred and that-- ``(A) if installed on a firearm and secured by means of a key or a mechanically, electronically, or electromechanically operated combination lock, is designed to prevent the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically, or electromechanically operated combination lock; ``(B) if incorporated into the design of a firearm, is designed to prevent discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism and thereby allow discharge of the firearm; or ``(C) is a safe, gun safe, gun case, lock box, or other device that is designed to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.''. (b) Unlawful Acts.-- (1) In general.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(z) Locking Devices.-- ``(1) In general.--Except as provided under paragraph (2), it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than a licensed importer, licensed manufacturer, or licensed dealer, unless the transferee is provided with a locking device for that handgun. ``(2) Exceptions.--Paragraph (1) shall not apply to-- ``(A) the manufacture for, transfer to, or possession by, the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a firearm; ``(B) transfer to, or possession by, a law enforcement officer employed by an entity referred to in subparagraph (A) of a firearm for law enforcement purposes (whether on or off duty); or ``(C) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under State law of a firearm for purposes of law enforcement (whether on or off duty).''. (2) Effective date.--Section 922(z) of title 18, United States Code, as added by this subsection, shall take effect on the date which is 180 days after the date of enactment of this Act. (c) Civil Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``or (f)'' and inserting ``(f), or (p)''; and (2) by adding at the end the following: ``(p) Penalties Relating to Locking Devices.-- ``(1) In general.-- ``(A) Suspension or revocation of license; civil penalties.--With respect to each violation of section 922(z)(1) by a licensee, the Attorney General shall, after notice and opportunity for hearing-- ``(i) suspend or revoke any license issued to the licensee under this chapter; ``(ii) subject the licensee to a civil penalty of not more than $15,000; or ``(iii) impose the penalties described in clauses (i) and (ii). ``(B) Review.--An action by the Attorney General under this paragraph may be reviewed only as provided under section 923(f). ``(2) Administrative remedies.--The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) does not preclude any administrative remedy that is otherwise available to the Attorney General.''. SEC. 3. AMENDMENT TO CONSUMER PRODUCT SAFETY ACT. (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et seq.), is amended by adding at the end the following: ``SEC. 39. CHILD HANDGUN SAFETY DEVICES. ``(a) Establishment of Standard.-- ``(1) Rulemaking required.-- ``(A) Initiation of rulemaking.--Notwithstanding section 3(a)(1)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, not later than 90 days after the date of enactment of the Child Safety Device Act of 2004 to establish a consumer product safety standard for locking devices. The Commission may extend this 90- day period for good cause. ``(B) Final rule.--Notwithstanding any other provision of law, the Commission shall promulgate a final consumer product safety standard under this paragraph not later than 12 months after the date on which the Commission initiated the rulemaking proceeding under subparagraph (A). The Commission may extend this 12-month period for good cause. ``(C) Effective date.--The consumer product safety standard promulgated under this paragraph shall take effect on the date which is 6 months after the date on which the final standard is promulgated. ``(D) Standard requirements.--The standard promulgated under this paragraph shall require locking devices that-- ``(i) are sufficiently difficult for children to de-activate or remove; and ``(ii) prevent the discharge of the handgun unless the locking device has been de-activated or removed. ``(2) Inapplicable provisions.-- ``(A) Provisions of this act.--Sections 7, 9, and 30(d) shall not apply to the rulemaking proceeding described under paragraph (1). Section 11 shall not apply to any consumer product safety standard promulgated under paragraph (1). ``(B) Chapter 5 of title 5.--Chapter 5 of title 5, United States Code, except for section 553 of that title, shall not apply to this section. ``(C) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, shall not apply to this section. ``(b) Enforcement.--Notwithstanding subsection (a)(2)(A), the consumer product safety standard promulgated by the Commission pursuant to subsection (a) shall be enforced under this Act as if it were a consumer product safety standard described under section 7(a). ``(c) Definitions.--In this section, the following definitions shall apply: ``(1) Child.--The term `child' means an individual who has not attained the age of 13 years. ``(2) Locking device.--The term `locking device' has the meaning given that term in clauses (i) and (iii) of section 921(a)(36) of title 18, United States Code.''. (b) Conforming Amendment.--Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: ``Sec. 39. Child handgun safety devices.''. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 for each of the fiscal years 2005 through 2007 to carry out the provisions of section 39 of the Consumer Product Safety Act, as added by this section. (2) Availability of funds.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.
Child Safety Device Act of 2004 - Amends the Brady Handgun Violence Prevention Act to prohibit any licensed firearms importer, manufacturer, or dealer from selling, delivering, or transferring a handgun to any person other than a licensed importer, manufacturer, or dealer, unless the transferee is provided with a locking device for that handgun. Makes an exception where the transferee is a Federal, State, or local government, a law enforcement officer, or a rail police officer. Subjects violators to license suspension or revocation or to a civil penalty of up to $15,000, or both. Amends the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish a consumer product safety standard that requires that such locking devices: (1) are sufficiently difficult for children to deactivate or remove; and (2) prevent the discharge of the handgun unless the device has been activated or removed.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Systematic Application of Value Engineering Act of 1995''. SEC. 2. VALUE ENGINEERING REQUIREMENTS FOR FEDERAL AGENCIES. (a) In General.--Federal agencies shall apply value engineering consistent with subsection (b)(2) to, at a minimum, identify and implement opportunities to reduce capital and operation costs and improve and maintain optimum quality of construction, administrative, program, acquisition, and grant projects. The head of each Federal agency shall require senior management personnel to establish and maintain value engineering procedures and processes. Such procedures and processes shall, at a minimum-- (1) utilize qualified value engineering personnel consistent with paragraphs (1) and (4) of subsection (b); (2) provide for the aggressive and systematic development and maintenance of the most effective, efficient, and economical arrangement for conducting the work of the agency; and (3) provide a sound basis for the reporting of accomplishments to the Office of Management and Budget, the President, the Congress, and the public. (b) Agency Responsibilities.--To ensure that systemic value engineering improvements are achieved, each Federal agency shall, at a minimum, carry out the following: (1) Designate a senior management official with a significant, well-documented background in value engineering as the value engineering manager within the agency, to oversee and monitor value engineering efforts and to coordinate the development of criteria and guidelines referred to in paragraph (2). (2) Develop criteria and guidelines for both agency employees and contractor employees to identify programs, projects, systems, and products with the greatest potential to yield savings and benefits from the application of value engineering methodology. The criteria and guidelines should recognize that the potential savings are greatest during the planning, design, and other early phases of program, project, system, and product development. The criteria and guidelines shall include the following: (A) Consideration of return on the Government's investment in value engineering, determined by dividing the Government's cost of performing the value engineering function by the savings generated by the function. (B) A dollar amount threshold for requiring the application of value engineering. The threshold shall be designed to ensure that value engineering is applied to-- (i) each program, project, system, and product of the agency that has a dollar value greater than the threshold; and (ii) those programs, projects, systems, and products that, in a ranking of all programs, projects, systems, and products of the agency according to greatest dollar value, are within the highest 20th percentile. For purposes of applying such a threshold, the dollar values of various programs, projects, systems, and products of an agency that have individual values below the threshold shall be aggregated if they utilize equivalent planning or design elements, are jointly administered, or are functionally equivalent. (C) Criteria under which the value engineering manager of the agency may, on a case-by-case basis, waive the requirement of this Act to conduct value engineering studies, and procedures and requirements for documenting and maintaining records of the justification for each such waiver. (3) Provide training (including practical experience) in established value engineering methodology to agency staff responsible for coordinating and monitoring value engineering efforts and to staff responsible for developing, reviewing, analyzing, carrying out, changing, and evaluating value engineering proposals. (4) Ensure that funds necessary for conducting agency value engineering efforts are included in annual budget requests to the Office of Management and Budget. (5) Document and maintain records of-- (A) programs, projects, systems, and products that meet agency criteria for requiring the use of value engineering techniques; and (B) determinations (including the reasons therefor) that the recommendations resulting from a value engineering review should not be implemented. (6) Except when inconsistent with this Act, adhere to the acquisition requirements of the Federal Acquisition Regulation, including the use of value engineering clauses in parts 48 and 52 for both prime and subcontractors. (7) In the case of discretionary grants awarded by the agency, establish value engineering requirements, such as requiring grant applications to include a clause requiring the use of value engineering methodology by qualified value engineering personnel in the performance of the grant. (8) Develop annual plans for using value engineering in the agency, which, at a minimum, identify-- (A) the agency and contractor projects, programs, systems, and products to which value engineering techniques will be applied in the next fiscal year; and (B) the estimated costs of such projects, programs, systems, and products. (9) Report annually to the Office of Management and Budget on value engineering activities in accordance with subsection (c). (c) Reports to Office of Management and Budget.-- (1) In general.--The head of each Federal agency shall submit to the Office of Management and Budget an annual report on the results of using value engineering in the agency. The report shall be submitted by February 15 of each year. (2) Contents.--The report required by this subsection shall include the following: (A) The name, job title, address, telephone number, and any additional job titles of the agency's current value engineering manager. (B) The Government's return on investment in value engineering achieved through actual implementation by the agency of recommendations adopted as a result of value engineering, calculated by dividing the amount of savings achieved through such implementation by the cost of performing value engineering reviews. (C) The Government's potential return on investment achievable through value engineering, calculated by dividing the amount of savings achievable through the adoption of recommendations as a result of value engineering by the cost of performing value engineering reviews to produce those recommendations. (D) A description of the application of value engineering to the agency's programs, projects, systems, and products, including the net savings and quality improvements achieved through use of value engineering in those programs, projects, systems, and products. (E) A listing of the criteria adopted by the agency pursuant to subsection (b)(2)(C) for waiving the application of the value engineering requirements of this Act, and documentation of any waivers granted under the criteria. (d) Inspector General Audits.--The Inspector General of each Federal agency shall audit the savings reported by the agency in the second annual report submitted under subsection (c). Thereafter, the Inspector General of each Federal agency shall audit the reported savings every second year. (e) Use of Savings.--Of amounts available to a Federal agency for a fiscal year for a program, project, or system or development of a product that are unobligated at the end of the fiscal year as a result of the application of value engineering in accordance with this Act-- (1) 50 percent shall be available to the agency for-- (A) use in the next fiscal year for that program, project, system, or development; and (B) use for programs in effect on the date of the enactment of this Act under which incentives are provided to employees of the agency to identify and implement methods for achieving savings in programs, projects, systems, and product development of the agency; and (2) 50 percent shall be deposited in the general fund of the Treasury and used to reduce the Federal debt. (f) Review.--The Director of Management and Budget shall review the policies contained in this Act 5 years after the date of the enactment of this Act and shall report the results of such review to Congress. (g) Definitions.--For purposes of this Act, the following definitions apply: (1) The term ``Federal agency'' has the meaning the term ``agency'' has under section 551(1) of title 5, United States Code. (2) The term ``savings'' means a reduction in, or avoidance of, expenditures that would be incurred if programs, projects, systems, and products were not evaluated using value engineering techniques. (3) The term ``value engineering'' means a team effort, performed by qualified agency or contractor personnel, directed at analyzing the functions of a program, project, system, product, item of equipment, building, facility, service, or supply for the purpose of achieving the essential functions at the lowest life-cycle cost that is consistent with required or improved performance, reliability, quality, and safety. (4) The term ``life-cycle cost'' means the total cost of a program, project, system, product, item of equipment, building, facility, service, or supply, computed over its useful life. The term includes all relevant costs involved in acquiring, owning, operating, maintaining, and disposing of the program, project, system, product, item of equipment, building, facility, service, or supply over a specified period of time.
Systematic Application of Value Engineering Act of 1995 - Requires Federal agencies to apply value engineering, at a minimum, to identify and implement opportunities to reduce capital and operation costs and improve and maintain optimum quality of construction, administrative, program, acquisition, and grant projects. Requires Inspector General audits of reported agency savings attributable to such value engineering. Earmarks half of any such savings for Federal debt reduction, with the other half going back to the program, project, system, or development for use in the next fiscal year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sensible Oversight for Technology which Advances Regulatory Efficiency Act of 2013'' or the ``SOFTWARE Act of 2013''. SEC. 2. MEDICAL SOFTWARE. (a) Definition of Medical Software.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `medical software' means software that is intended for human or animal use and-- ``(1)(A) is intended to be marketed to directly change the structure or any function of the body of man or other animals; or ``(B) is intended to be marketed for use by consumers and makes recommendations for clinical action that-- ``(i) includes the use of a drug, device, or procedure to cure or treat a disease or other condition without requiring the involvement of a health care provider; and ``(ii) if followed, would change the structure or any function of the body of man or other animals; ``(2) is not software whose primary purpose is integral to the functioning of a drug or device; and ``(3) is not a component of a device.''. (b) Regulation.--Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``SEC. 524B. MEDICAL SOFTWARE. ``(a) In General.--The provisions of this Act shall apply with respect to medical software to the same extent and in the same manner as such provisions apply with respect to devices. ``(b) Delegation.--The Secretary shall delegate primary jurisdiction for regulating medical software to the center at the Food and Drug Administration charged with regulating devices.''. SEC. 3. CLINICAL SOFTWARE AND HEALTH SOFTWARE. (a) Definitions.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), as amended by section 2(a), is further amended by adding at the end the following: ``(tt)(1) The term `clinical software' means clinical decision support software or other software (including any associated hardware and process dependencies) intended for human or animal use that-- ``(A) captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body of man or other animals; and ``(B) is intended to be marketed for use only by a health care provider in a health care setting. ``(2) The term `health software' means software (including any associated hardware and process dependencies) that is not medical software or clinical software and-- ``(A) that captures, analyzes, changes, or presents patient or population clinical data or information; ``(B) that supports administrative or operational aspects of health care and is not used in the direct delivery of patient care; or ``(C) whose primary purpose is to act as a platform for a secondary software, to run or act as a mechanism for connectivity, or to store data.''. (b) Prohibition.--Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.), as amended by section 2(b), is further amended by adding at the end the following: ``SEC. 524C. CLINICAL SOFTWARE AND HEALTH SOFTWARE. ``Clinical software and health software shall not be subject to regulation under this Act.''. (c) Sense of Congress.--It is the sense of the Congress that-- (1) clinical software and health software (as defined in section 201(tt) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a))-- (A) advance the goals of enhanced patient safety and continued innovation; (B) hold much promise to lower costs and improve the health of patients; and (C) can improve the quality and efficacy of health care provider services; and (2) the President and the Congress should work together to develop and enact legislation that establishes a risk-based regulatory framework for such clinical software and health software that reduces regulatory burdens, promotes patient safety, and fosters innovation. SEC. 4. EXCLUSION FROM DEFINITION OF DEVICE. Section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended-- (1) in paragraph (2), by striking ``or other animals, or'' and inserting ``or other animals,''; (2) in paragraph (3), by striking ``and''; and (3) by inserting after paragraph (3) the following new paragraphs: ``(4) is not medical software, or ``(5) is not clinical software or health software, and''.
Sensible Oversight for Technology which Advances Regulatory Efficiency Act of 2013 or the SOFTWARE Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to apply it to medical software to the same extent and in the same manner as it applies to devices. Defines "medical software" as software that is intended to be marketed: to directly change the structure or any function of the body of man or other animals; or for use by consumers and makes recommendations for clinical action that includes the use of a drug, device, or procedure to cure or treat a disease or other condition without requiring the involvement of a health care provider and which, if followed, would change the structure or any function of the body of man or other animals. Excludes from such definition software whose primary purpose is integral to the functioning of a drug or device and is not a component of a device. Excludes clinical software and health software (defined as follows) from FDCA regulation. Defines "clinical software" as software that: (1) captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body of man or other animals; and (2) is intended for use only by a health care provider in a health care setting. Defines "health software" as software that is not medical software or clinical software and that: (1) captures, analyzes, changes, or presents patient or population clinical data or information or supports administrative or operational aspects of health care and is not used in the direct delivery of care; or (2) has as its primary purpose to act as a platform for a secondary software, to run or act as a mechanism for connectivity, or to store data. Expresses the sense of Congress concerning the value of clinical software and health software to health care quality and efficacy and the need for legislation that establishes a risk-based regulatory framework that reduces regulatory burdens, promotes patient safety, and fosters innovation. Excludes medical software, clinical software, and health software from the FDCA definition of "device."
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SECTION 1. FINDINGS. Congress makes the following findings: (1) In September 2000, the United States and the Russian Federation signed a Plutonium Management and Disposition Agreement by which each agreed to dispose of 34 metric tons of weapons-grade plutonium. (2) The agreement with Russia is a significant step toward safeguarding nuclear materials and preventing their diversion to rogue states and terrorists. (3) The Department of Energy plans to dispose of 34 metric tons of weapons-grade plutonium of the United States before the end of 2019 by converting the plutonium to a mixed-oxide fuel to be used in commercial nuclear power reactors. (4) The Department has formulated a plan for implementing the agreement with Russia through construction of a mixed-oxide fuel fabrication facility and a pit disassembly and conversion facility at the Savannah River Site. (5) The United States and the State of South Carolina have a compelling interest in the safe, proper, and efficient operation of the plutonium disposition facilities at the Savannah River Site. The MOX facility will also be economically beneficial to the State of South Carolina, and that economic benefit will not be fully realized unless the MOX facility is built. (6) The State of South Carolina desires to ensure that all plutonium transferred to the State of South Carolina is stored safely; that the full benefits of the MOX facility are realized as soon as possible; and, specifically, that all defense plutonium or defense plutonium materials transferred to the Savannah River Site either be processed or be removed expeditiously. SEC. 2. DEFINITIONS. (a) MOX Production Objective Defined.--The term ``MOX production objective'' means production at the MOX facility of mixed-oxide fuel from defense plutonium and defense plutonium materials at an average rate equivalent to not less than one metric ton of mixed-oxide fuel per year. The average rate shall be determined by measuring production at the MOX facility from the date the facility is declared operational to the Nuclear Regulatory Commission through the date of assessment. (b) MOX Facility Defined.--The term ``MOX facility'' means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina. (c) Defense Plutonium and Defense Plutonium Materials Defined.--The term ``defense plutonium or defense plutonium materials'' means weapons-usable plutonium. SEC. 3. DISPOSITION OF WEAPONS-USABLE PLUTONIUM AT SAVANNAH RIVER SITE, SOUTH CAROLINA. (a) Plan for Construction and Operation of MOX Facility.-- (1) Not later than February 1, 2003, the Secretary of Energy shall submit to Congress a plan for the construction and operation of the MOX facility. (2) The plan under paragraph (1) shall include-- (A) a schedule for construction and operations so as to achieve, as of January 1, 2009, and thereafter, the MOX production objective, and to produce 1 metric ton of mixed oxide fuel by December 31, 2009, and (B) a schedule of operations of the MOX facility designed so that 34 metric tons of defense plutonium and defense plutonium materials at the Savannah River Site will be processed into mixed oxide fuel by January 1, 2019. (3)(A) Not later than February 15 each year, beginning in 2004 and continuing for as long as the MOX facility is in use, the Secretary shall submit to Congress a report on the implementation of the plan required by paragraph (1). (B) Each report under subparagraph (A) for years before 2010 shall include-- (i) an assessment of compliance with the schedules included with the plan under paragraph (2); and (ii) a certification by the Secretary whether or not the MOX production objective can be met by January 2009. (C) Each report under subparagraph (A) for years after 2009 shall-- (i) address whether the MOX production objective has been met; and (ii) assess progress toward meeting the obligations of the United States under the Plutonium Management and Disposition Agreement. (D) For years after 2017, each such report shall also include an assessment of compliance with the MOX production objective and, if not in compliance, the plan of the Secretary for achieving one of the following: (i) Compliance with such objective; and (ii) Removal of all remaining defense plutonium and defense plutonium materials from the State of South Carolina. (b) Corrective Actions.-- (1) If a report under subsection (a)(3) indicates that construction or operation of the MOX facility is behind the applicable schedule under subsection (a)(2) by 12 months or more, the Secretary shall submit to Congress, not later than August 15 of the year in which such report is submitted, a plan for corrective actions to be implemented by the Secretary to ensure that the MOX facility project is capable of meeting the MOX production objective by January 1, 2009. (2) If a plan is submitted under paragraph (1) in any year after 2008, the plan shall include corrective actions to be implemented by the Secretary to ensure that the MOX production objective is met. (3) Any plan for corrective actions under paragraph (1) or (2) shall include establish milestones under such plan for achieving compliance with the MOX production objective. (4) If before January 1, 2009, the Secretary determines that there is a substantial and material risk that the MOX production objective will not be achieved by 2009 because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until such risk is addressed and the Secretary certifies that the MOX production objective can be met by 2009. (5) If after January 1, 2009, the Secretary determines that the MOX production objective has not been achieved because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until the Secretary certifies that the MOX production objective can be met. (6)(A) Upon making a determination under paragraph (4) or (5), the Secretary shall submit to Congress a report on the options for removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the State of South Carolina after April 15, 2002. (B) Each report under subparagraph (A) shall include an analysis of each option set forth in the report, including the cost and schedule for implementation of such option, and any requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to consideration or selection of such option. (C) Upon submittal of a report under paragraph (A), the Secretary shall commence any analysis that may be required under the National Environmental Policy Act of 1969 in order to select among the options set forth in the report. (c) Contingent Requirement for Removal of Plutonium and Materials From Savannah River Site.--If the MOX production objective is not achieved as of January 1, 2009, the Secretary shall, consistent with the National Environmental Policy Act of 1969 and other applicable laws, remove from the State of South Carolina, for storage or disposal elsewhere-- (1) not later than January 1, 2011, not less than 1 metric ton of defense plutonium or defense plutonium materials; and (2) not later than January 1, 2017, an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002 and January 1, 2017, but not processed by the MOX facility. (d) Economic and Impact Assistance.-- (1) If the MOX production objective is not achieved as of January 1, 2011, the Secretary shall pay to the State of South Carolina each year beginning on or after that date through 2016 for economic and impact assistance an amount equal to $1,000,000 per day until the later of-- (A) the passage of 100 days in such year; (B) the MOX production objective is achieved in such year; or (C) the Secretary has removed from the State of South Carolina in such year at least 1 metric ton of defense plutonium or defense plutonium materials. (2)(A) If the MOX production objective is not achieved as of January 1, 2017, the Secretary shall pay to the State of South Carolina each year beginning on or after that date through 2024 for economic and impact assistance an amount equal to $1,000,000 per day until the later of-- (i) the passage of 100 days in such year; (ii) the MOX production objective is achieved in such year; or (iii) the Secretary has removed from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002, and January 1, 2017, but not processed by the MOX facility. (B) Nothing in this paragraph may be construed to terminate, supersede, or otherwise affect any other requirements of this section. (3) The Secretary shall make payments, if any, under this subsection, from amounts authorized to be appropriated to the Department of Energy. (4) If the State of South Carolina obtains an injunction that prohibits the Department from taking any action necessary for the Department to meet any deadline specified by this subsection, that deadline shall be extended for a period of time equal to the period of time during which the injunction is in effect. (e) Failure To Complete Planned Disposition Program.--If on July 1 each year beginning in 2020 and continuing for as long as the MOX facility is in use, less than 34 metric tons of defense plutonium or defense plutonium materials have been processed by the MOX facility, the Secretary shall submit to Congress a plan for-- (1) completing the processing of 34 metric tons of defense plutonium and defense plutonium material by the MOX facility; or (2) removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site after April 15, 2002, but not processed by the MOX facility. (f) Removal of Mixed Oxide Fuel Upon Completion of Operations of MOX Facility.--If one year after the date on which operation of the MOX facility permanently ceases any mixed oxide fuel remains at the Savannah River Site, the Secretary shall submit to Congress-- (1) a report on when such fuel will be transferred for use in commercial nuclear reactors; or (2) a plan for removing such fuel from the State of South Carolina. SEC. 4. STUDY OF FACILITIES FOR STORAGE OF PLUTONIUM AND PLUTONIUM MATERIALS. (a) The Defense Nuclear Facilities Safety Board shall conduct a study of the adequacy of K-Area Materials Storage facility (KAMS), and related support facilities such as Building 235-F, at the Savannah River Site for the storage of defense plutonium and defense plutonium materials in connection with the disposition program provided in this section and in connection with the amended Record of Decision of the Department for fissile materials disposition. (b) Not later than one year after the date of the enactment of this Act, the Defense Nuclear Facilities Safety Board shall submit to Congress and the Secretary a report on the study conducted under paragraph (1). (c) The report under paragraph (2) shall-- (1) address-- (A) the suitability of KAMS, and related support facilities, for monitoring and observing any defense plutonium or defense plutonium materials stored in KAMS; (B) the adequacy of the provisions made by the Department for remote monitoring of such defense plutonium and defense plutonium materials by way of sensors and for handling of retrieval of such defense plutonium and defense plutonium materials; and (C) the adequacy of KAMS should such defense plutonium and defense plutonium materials continue to be stored at KAMS after 2019; and (2) include such recommendations as the Defense Nuclear Facilities Safety Board considers appropriate to enhance the safety, reliability, and functionality of KAMS. (d) Not later than six months after the date on which the report under paragraph (2) is submitted to Congress, and every year thereafter, the Secretary and the Board shall each submit to Congress a report on the actions taken by the Secretary in response to the recommendations, if any, included in the report.
Directs the Secretary of Energy to submit to Congress a plan for the construction and operation at the Savannah River Site, South Carolina, of a mixed-oxide fuel facility for converting weapons-grade plutonium to a mixed-oxide fuel for use in commercial nuclear power reactors. Provides a construction schedule and production deadline dates, with the goal of achieving facility construction by January 1, 2009, and of processing 34 metric tons of plutonium into mixed-oxide fuel by January 1, 2019. Requires: (1) the Secretary to submit corrective action plans if the schedule and deadlines are not met; (2) the removal or disposal of unprocessed plutonium from the Site if the schedule and deadlines are not met; and (3) payment to South Carolina of economic and impact assistance associated with not meeting the schedule and deadlines. Directs the Secretary to submit to Congress: (1) a plan to address the failure to complete the planned removal or disposal; and (2) a report on the removal of the facility upon completion of operations.Requires the Defense Nuclear Facilities Safety Board to study and report to Congress and the Secretary on the adequacy of the K-Area Materials Storage Facility and related facilities at the Savannah River Site for the storage of defense plutonium and related materials in connection with the plutonium disposition program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Nuclear Compliance Act of 2013''. SEC. 2. IRAN NUCLEAR COMPLIANCE. (a) Effective Enforcement of Interim Agreement.-- (1) In general.--During the 240-day period beginning on the date of the enactment of this Act, the President may not, in connection with the ongoing nuclear negotiations with Iran, exercise a waiver of, suspend, or otherwise reduce any sanctions imposed in relation to Iran, whether imposed directly by statute or through an Executive order, unless, not later than 15 days before the waiver, suspension, or other reduction takes effect, the President submits to the appropriate congressional committees the certification described in paragraph (2). (2) Certification described.--The certification described in this paragraph is a certification with respect to the waiver, suspension, or other reduction of sanctions under paragraph (1) that-- (A) it is in the vital national security interests of the United States to waive, suspend, or otherwise reduce those sanctions; and (B) Iran is in full compliance with the terms of any interim agreement between the United States, the United Kingdom, France, Russia, China, Germany, and Iran relating to Iran's nuclear program. (3) Expiration of interim relief and reinstatement of sanctions.--Any sanctions imposed in relation to Iran that have been waived, suspended, or otherwise reduced in connection with the ongoing nuclear negotiations with Iran, regardless whether the waiver, suspension, or other reduction of those sanctions took effect before or after the date of the enactment of this Act, shall be immediately reinstated on the date that is 240 days after such date of enactment. (b) Effective Enforcement of Final Agreement and Limitations.-- (1) In general.--On and after the date that is 240 days after the date of the enactment of this Act, the President may not, in connection with the ongoing nuclear negotiations with Iran, exercise a waiver of, suspend, or otherwise reduce any sanctions imposed in relation to Iran, whether imposed directly by statute or through an Executive order, unless, not later than 15 days before the waiver, suspension, or other reduction takes effect, the President submits to the appropriate congressional committees the certification described in paragraph (2). (2) Certification.--The certification described in this paragraph is a certification that-- (A) the conditions for a temporary waiver, suspension, or other reduction of sanctions pursuant to subsection (a) continue to be met; (B) Iran is in full compliance with the terms of all agreements between the United States, the United Kingdom, France, Russia, China, Germany, and Iran relating to Iran's nuclear program; (C) Iran is in full compliance with terms of United Nations Security Council Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1929 (2010); and (D) Iran has provided a full accounting of all of its nuclear weaponization and related activities, has committed, in writing, to suspend all such activities, and is making substantial efforts to do so. (c) Reinstatement of Sanctions Upon Noncompliance.--If the President receives information from any person, including the International Atomic Energy Agency, the Secretary of Defense, the Secretary of State, the Secretary of Energy, or the Director of National Intelligence, that Iran has failed to comply with the terms of any agreement between the United States, the United Kingdom, France, Russia, China, Germany, and Iran with respect to Iran's nuclear program or has refused to cooperate in any way with appropriate requests of the International Atomic Energy Agency, the President shall-- (1) not later than 10 days after receiving that information, determine whether the information is credible and accurate; (2) notify the appropriate congressional committees of that determination; and (3) if the President determines that the information is credible and accurate, not later than 5 days after making that determination, reinstate all sanctions imposed in relation to Iran that have been waived, suspended, or otherwise reduced in connection with the ongoing nuclear negotiations with Iran, without regard to whether the waiver, suspension, or other reduction of those sanctions took effect before or after the date of the enactment of this Act. (d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
Iran Nuclear Compliance Act of 2013 - Prohibits the President, in connection with the ongoing nuclear negotiations with Iran and during the 240-day period beginning on the date of the enactment of this Act, from exercising a waiver of, suspending, or otherwise reducing any sanctions imposed on Iran unless the President certifies to Congress that: (1) it is in the U.S. national security interests to waive, suspend, or otherwise reduce such sanctions; and (2) Iran is in full compliance with the terms of any interim agreement between the United States, the United Kingdom, France, Russia, China, Germany, and Iran relating to Iran's nuclear program. Provides for reinstatement of sanctions upon noncompliance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Orphan Highway Restoration Act''. SEC. 2. NATIONAL ORPHAN HIGHWAYS PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. National orphan highways program ``(a) Grants and Technical Assistance.-- ``(1) In general.--The Secretary shall make grants and provide technical assistance to States and units of local government to-- ``(A) perform preventive maintenance on or carry out projects for resurfacing, restoration, reconstruction, and rehabilitation of an orphan highway; and ``(B) rehabilitate, repair, or construct sidewalks, medians, bike lanes, traffic-calming devices, signaling, or signs to enhance community livability on or adjacent to an orphan highway. ``(2) Priority.--In making grants under this section, the Secretary shall give priority to projects that-- ``(A) include rehabilitation measures that focus on pedestrian safety; ``(B) are coordinated with State and local adopted preservation or development plans; ``(C) promote cost-effective and strategic investments in transportation infrastructure facilities that minimize adverse impacts on the environment; ``(D) promote innovative private sector strategies; ``(E) foster public-private partnerships; ``(F) include a higher percentage of State or locally matched funds; ``(G) have zoning designations that support more intensive, mixed-use development along part or all of the route; or ``(H) upon completion, will result in the transfer of ongoing management and administrative responsibilities from the State to the local jurisdiction. ``(3) Distribution of funds.--The Secretary shall allocate funds made available for this section for fiscal years 2010 through 2015 among the grant recipients, using the latest available census data, as follows: ``(A) Not less than 20 percent of the funds shall used for making grants to units of local government with a population between 50,000 and 250,000 residents. ``(B) Not less than 50 percent of the funds shall be used for making grants to units of local government with a population of less than 50,000. ``(b) Savings Clause.--The Secretary shall not withhold any grant or impose any requirement on a grant recipient as a condition of providing a grant or technical assistance for any orphan highway unless the requirement is consistent with the authority provided in this chapter. ``(c) Federal Share.--The Federal share of the cost of carrying out a project under this section shall be determined in accordance with section 120, except that, in the case of an orphan highway that provides access to or within Federal or Indian land, the head of a Federal land management agency may use funds authorized for such agency for the non-Federal share. ``(d) Administrative Oversight.--A grant recipient may use not more than 2 percent of funds received under this section for administrative costs. ``(e) Definitions.--In this section, the following definitions apply: ``(1) Orphan highway.--The term `orphan highway' means a highway that-- ``(A) is or was formerly a United States numbered highway; ``(B) is located within the boundaries of a unit of local government; ``(C) is no longer a principal route for traffic passing through the State after construction of a bypass or Interstate System route; ``(D) currently functions as a county, parish, or city arterial or collector route, or provides access to or within Federal or tribal lands; and ``(E) because of decreased importance to statewide transportation, has received only routine maintenance but needs significant resurfacing, restoration, reconstruction, or rehabilitation. ``(2) Unit of local government.--The term `unit of local government' means-- ``(A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; ``(B) any law enforcement district or judicial enforcement district that-- ``(i) is established under applicable State law; and ``(ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; ``(C) an Indian tribe, as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); or ``(D) for the purposes of assistance eligibility, any agency of the government of the District of Columbia or the Federal Government that performs law enforcement functions in and for-- ``(i) the District of Columbia; or ``(ii) any Trust Territory of the United States. ``(f) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $600,000,000 for each of fiscal years 2010 through 2015.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``167. National orphan highways program.''.
Orphan Highway Restoration Act - Defines "orphan highway" to mean a highway that: (1) formerly was a U.S. numbered highway; (2) no longer is a principal route for traffic passing through a state; and (3) because of decreased importance to statewide transportation, has received only routine maintenance but needs significant restoration. Directs the Secretary of Transportation to: (1) make grants and provide technical assistance to states and local government units to restore orphan highways; and (2) allocate funds to grant recipients for FY2010-FY2015 based on a calculated formula.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Technology Transfer Program Reauthorization Act of 2001''. SEC. 2. EXTENSION OF PROGRAM AND EXPENDITURE AMOUNTS. (a) In General.--Section 9(n)(1) of the Small Business Act (15 U.S.C. 638(n)(1)) is amended to read as follows: ``(1) Required expenditure amounts.-- ``(A) In general.--With respect to each fiscal year through fiscal year 2009, each Federal agency that has an extramural budget for research, or research and development, in excess of $1,000,000,000 for that fiscal year, shall expend with small business concerns not less than the percentage of that extramural budget specified in subparagraph (B), specifically in connection with STTR programs that meet the requirements of this section and any policy directives and regulations issued under this section. ``(B) Expenditure amounts.--The percentage of the extramural budget required to be expended by an agency in accordance with subparagraph (A) shall be-- ``(i) 0.15 percent for each fiscal year through fiscal year 2003; and ``(ii) 0.3 percent for fiscal year 2004 and each fiscal year thereafter.''. (b) Conforming Amendment.--Section 9 of the Small Business Act (15 U.S.C. 638) is amended in subsections (b)(4) and (e)(6), by striking ``pilot'' each place it appears. SEC. 3. INCREASE IN AUTHORIZED PHASE II AWARDS. (a) In General.--Section 9(p)(2)(B)(ix) of the Small Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended-- (1) by striking ``$500,000'' and inserting ``$750,000''; and (2) by inserting before the semicolon at the end the following: ``, and shorter or longer periods of time to be approved at the discretion of the awarding agency where appropriate for a particular project''. (b) Effective Date.--The amendments made by subsection (a) shall be effective beginning in fiscal year 2004. SEC. 4. AGENCY OUTREACH. Section 9(o) of the Small Business Act (15 U.S.C. 638(o)) is amended-- (1) in paragraph (12), by striking ``and'' at the end; (2) in paragraph (13), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(14) implement an outreach program to research institutions and small business concerns for the purpose of enhancing its STTR program, in conjunction with any such outreach done for purposes of the SBIR program; and''. SEC. 5. POLICY DIRECTIVE MODIFICATIONS. Section 9(p) of the Small Business Act (15 U.S.C. 638(p)) is amended by adding at the end the following: ``(3) Modifications.--Not later than 120 days after the date of enactment of this paragraph, the Administrator shall modify the policy directive issued pursuant to this subsection to clarify that the rights provided for under paragraph (2)(B)(v) apply to all Federal funding awards under this section, including the first phase (as described in subsection (e)(6)(A)), the second phase (as described in subsection (e)(6)(B)), and the third phase (as described in subsection (e)(6)(C)).''. SEC. 6. STTR PROGRAM DATA COLLECTION. (a) In General.--Section 9(o) of the Small Business Act (15 U.S.C. 638(o)), as amended by this Act, is amended by adding at the end the following: ``(15) collect, and maintain in a common format in accordance with subsection (v), such information from awardees as is necessary to assess the STTR program, including information necessary to maintain the database described in subsection (k).''. (b) Database.--Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) is amended-- (1) in paragraph (1)-- (A) by inserting ``or STTR'' after ``SBIR'' each place it appears; (B) in subparagraph (C), by striking ``and'' at the end; (C) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(E) with respect to assistance under the STTR program only-- ``(i) whether the small business concern or the research institution initiated their collaboration on each assisted STTR project; ``(ii) whether the small business concern or the research institution originated any technology relating to the assisted STTR project; ``(iii) the length of time it took to negotiate any licensing agreement between the small business concern and the research institution under each assisted STTR project; and ``(iv) how the proceeds from commercialization, marketing, or sale of technology resulting from each assisted STTR project were allocated (by percentage) between the small business concern and the research institution.''; and (2) in paragraph (2)-- (A) by inserting ``or an STTR program pursuant to subsection (n)(1)'' after ``(f)(1)''; (B) by striking ``solely for SBIR'' and inserting ``exclusively for SBIR and STTR''; (C) in subparagraph (A)(iii), by inserting ``and STTR'' after ``SBIR''; and (D) in subparagraph (D), by inserting ``or STTR'' after ``SBIR''. (c) Simplified Reporting Requirements.--Section 9(v) of the Small Business Act (15 U.S.C. 638(v)) is amended by inserting ``or STTR'' after ``SBIR'' each place it appears. (d) Reports to Congress.--Section 9(b)(7) of the Small Business Act (15 U.S.C. 638(b)(7)) is amended by striking ``and (o)(9),'' and inserting ``, (o)(9), and (o)(15), the number of proposals received from, and the number and total amount of awards to, HUBZone small business concerns under each of the SBIR and STTR programs,''. SEC. 7. STTR PROGRAM-WIDE MODEL AGREEMENT FOR INTELLECTUAL PROPERTY RIGHTS. (a) Development of Model Agreement.--Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: ``(w) STTR Model Agreement for Intellectual Property Rights.-- ``(1) In general.--The Administrator shall promulgate regulations establishing a single model agreement for use in the STTR program that allocates between small business concerns and research institutions intellectual property rights and rights, if any, to carry out follow-on research, development, or commercialization. ``(2) Opportunity for comment.--In promulgating regulations under paragraph (1), the Administrator shall provide to affected agencies, small business concerns, research institutions, and other interested parties the opportunity to submit written comments.''. (b) Adoption of Model Agreement by Federal Agencies.--Section 9(o)(11) of the Small Business Act (15 U.S.C. 638(o)(11)) is amended by striking ``develop a model agreement not later than July 31, 1993, to be approved by the Administration,'' and inserting ``adopt the agreement developed by the Administrator under subsection (w) as the agency's model agreement''. SEC. 8. FAST PROGRAM ASSISTANCE TO WOMEN-OWNED AND MINORITY-OWNED SMALL BUSINESS CONCERNS AND CONCERNS LOCATED IN AREAS NOT PARTICIPATING IN SBIR AND STTR. (a) Selection Consideration.--Section 34(c)(2)(B) of the Small Business Act (15 U.S.C. 657d(c)(2)(B)) is amended-- (1) in clause (iv), by striking ``and'' at the end; (2) in clause (v), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new clause: ``(vi) whether the proposal addresses the needs of small business concerns-- ``(I) owned and controlled by women; ``(II) owned and controlled by minorities; and ``(III) located in areas that have historically not participated in the SBIR and STTR programs.''. (b) Regulations.--Section 34(c)(4) of the Small Business Act (15 U.S.C. 657d(c)(4)) is amended by adding at the end the following: ``The Administrator shall promulgate regulations establishing standards for the consideration of proposals under paragraph (2), including standards regarding each of the considerations identified in paragraph (2)(B).''. Passed the Senate September 13, 2001. Attest: Secretary. 107th CONGRESS 1st Session S. 856 _______________________________________________________________________ AN ACT To reauthorize the Small Business Technology Transfer Program, and for other purposes.
Small Business Technology Transfer Program Reauthorization Act of 2001 - Amends the Small Business Act to: (1) increase and extend through FY 2009 the authorization of appropriations for the Small Business Technology Transfer (STTR) Program; (2) increase to $750,000 the maximum award for small businesses participating in the second phase of an STTR Program; (3) require each Federal agency that is required to establish an STTR Program to implement an outreach program to research institutions and small businesses; (4) require the Administrator of the Small Business Administration (SBA) to modify a certain SBA policy directive with respect to Federal funding awards; (5) require each of the above agencies to collect and maintain information necessary to assess its STTR Program; (6) require STTR information to be included in agency databases currently maintaining Small Business Innovation Research (SBIR) program information; and (7) require STTR information to be included in such agencies' congressional reporting requirements.(Sec. 6) Requires the Administrator to include within an annual report on SBIR and STTR programs the number of proposals received from, and total amounts awarded to, HUBZone small businesses under each program.(Sec. 7) Directs the Administrator to promulgate regulations to establish a single model agreement for use in the STTR program that allocates between small businesses and research institutions intellectual property rights and any rights to carry out follow-on research, development, or commercialization. Requires each Federal agency that adopts an STTR program to adopt such model agreement.(Sec. 8) Revises provisions concerning the Federal and State Technology Partnership Program (a program to strengthen the technological competitiveness of small businesses) to require the Administrator and the SBIR Program managers to consider whether an SBIR Program proposal addresses the needs of small businesses owned and controlled by women and minorities located in areas not participating in SBIR and STTR programs. Requires the Administrator to promulgate regulations establishing standards for the consideration of such proposals.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Snowmobile Restrictions Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) President Nixon in 1972 issued Executive Order 11644 establishing standards on snowmobile use on public lands, including the requirements that snowmobile use in a national park be permitted only when the National Park Service determines that such use will not adversely affect the park's natural, aesthetic, or scenic values, and that the National Park Service monitor the impacts of any such use in a national park to assure compliance with those standards. (2) President Carter in 1977 issued Executive Order 11989 establishing additional standards on snowmobile use on public lands, including the requirements that the National Park Service, whenever it determines that any such use is causing considerable adverse effects on the natural resources of a national park, immediately halt the use or otherwise take steps to prevent those effects. (3) In compliance with these Executive Orders, the National Park Service in 1983 issued regulations (section 2.18 of title 36, Code of Federal Regulations) providing in part the following: ``Snowmobiles are prohibited except where designated and only when their use is consistent with the park's natural, cultural, scenic and aesthetic values, safety considerations, park management objectives, and will not disturb wildlife or damage park resources.''. (4) Pursuant to these general regulations, the National Park Service has issued special regulations designating routes on which snowmobiles may travel in 41 units of the National Park System. (5) A survey the National Park Service conducted in 1999- 2000 on snowmobile use in units of the National Park System revealed that-- (A) with respect to most of the units in which snowmobile use occurs, the Service had never made a determination that such use would be consistent with the requirements of Executive Orders 11644 and 11989 and its own general snowmobile regulations; (B) snowmobile use was occurring in two units for which no routes had been designated for such use by special regulations, and, in other units, snowmobile use was occurring on routes which had not been designated for that use by special regulations; (C) in most units in which snowmobile use occurs, the Service had not conducted and was not conducting the monitoring required by Executive Order 11644 of the impacts of that snowmobile use; and (D) snowmobile use in many units was causing impacts inconsistent with the standards of Executive Orders 11644 and 11989 and the general snowmobile regulations. (6) In April 2000, to come into compliance with the requirements of Executive Orders 11644 and 11989 and the general snowmobile regulations, the National Park Service announced that it-- (A) had determined that, in most instances, recreational use of snowmobiles is not an appropriate use in units of the National Park System; and (B) was initiating a process to adopt new requirements to limit snowmobile use in units of the National Park System (other than units in the State of Alaska and Voyageurs National Park) to short routes providing access to adjacent public lands open to recreational snowmobile use and to routes providing necessary access to private property within or adjacent to such units. (7) In November 2000, based on a final environmental impact statement on a winter use plan for Yellowstone National Park, Grand Teton National Park, and the John D. Rockefeller, Jr., Memorial Parkway and on other studies and information, the National Park Service adopted a record of decision determining that the snowmobile use occurring in those parks is causing impacts that are inconsistent with-- (A) Executive Orders 11644 and 11989 and the general snowmobile regulations; (B) the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.); and (C) the requirement of the first section of the Act of August 25, 1916 (16 U.S.C. 1; commonly known as the National Park Service Organic Act) that the Service manage units of the National Park System ``in such manner and by such means as will leave them unimpaired for the enjoyment of future generations''. (8) In January 2001, to implement the record of decision referred to in paragraph (7), the National Park Service adopted final regulations amending part 7 of title 36, Code of Federal Regulations, to phase out by the winter of 2003-2004 all snowmobile use in Yellowstone National Park and the John D. Rockefeller, Jr., Memorial Parkway and most snowmobile use in Grand Teton National Park, as published in the Federal Register on January 22, 2001 (66 Fed. Reg. 7260). (9) The new regulations referred to in paragraph (8) or other regulations under consideration by the National Park Service to restrict snowmobile use in units of the National Park System do not apply to other Federal lands, where the overwhelming majority of the snowmobile use occurring on Federal lands takes place and will be able to continue to take place. SEC. 3. RESTRICTIONS ON SNOWMOBILE USE IN THE NATIONAL PARK SYSTEM. (a) Definitions.--In this section: (1) National park.--The term ``national park'' means a unit of the National Park System. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the National Park Service. (b) General Prohibition.--The use of snowmobiles in a national park is prohibited except on a designated route described in subsection (c) and only when the Secretary determines that the use of snowmobiles is consistent with the park's natural, cultural, scenic, and aesthetic values, safety considerations, and park management objectives, and will not disturb wildlife or damage park resources. (c) Designated Routes.--A designated route referred to in subsection (b) is any snowmobile route designated by regulation issued by the Secretary after January 1, 2001 (including those routes designated with respect to Grand Teton National Park by paragraphs (10) and (12) of section 7.22(g) of title 36, Code of Federal Regulations, as published in the Federal Register on January 22, 2001 (66 Fed. Reg. 7260), subject to any subsequent amendment of such designations), but only if the designated route-- (1) is authorized for use by motor vehicles or motorboats during other seasons; and (2) provides reasonable and direct public access by snowmobile-- (A) to public lands that are adjacent to or in the immediate vicinity of the national park and are open to public snowmobile use; or (B) to private property within, adjacent to, or in the immediate vicinity of the national park by the owners of the private property and their representatives and invitees, when that snowmobile access is the only practical means of winter access to the private property. (d) Monitoring.--Whenever snowmobile use is permitted in a national park, the Secretary shall ensure that the impacts of that use are monitored to assure that it is consistent with the standards specified in subsection (b). If the Secretary determines that the use is not consistent with those standards, the Secretary shall immediately curtail or halt the use or take other steps as necessary to ensure consistency with those standards. (e) Exceptions.-- (1) Exception for certain parks.--Subsections (b), (c), and (d) do not apply to any national park in Alaska and to Voyageurs National Park. (2) Exception to certain uses.--Subsections (b), (c), and (d) do not apply to-- (A) the use of snowmobiles by the National Park Service and its contractors and agents, if the Secretary determines that such use is essential for the management of a national park; and (B) the use of snowmobiles in emergency situations, as determined by the superintendent of the national park. (f) Effective Dates.--This Act takes effect beginning with the winter of 2003-2004 with respect to Yellowstone National Park, Grand Teton National Park, and the John D. Rockefeller, Jr., Memorial Parkway, and beginning with the winter of 2002-2003 with respect to other national parks.
National Park Snowmobile Restrictions Act of 2001 - Prohibits the use of snowmobiles in a National Park System unit, except: (1) on a route designated by the Secretary of the Interior, acting through the National Park Service (NPS), after January 1, 2001 (including those routes designated with respect to Grand Teton National Park); and (2) when the Secretary determines that such use is consistent with certain park values, safety considerations, and park management objectives, and will not disturb wildlife or damage park resources. Excludes from such restrictions: (1) national parks in Alaska and the Voyageurs National Park; (2) the use of snowmobiles by the NPS and its contractors and agents, if such use is essential for park management; and (3) the use of snowmobiles in emergency situations, as determined by the superintendent of the national park.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Blue Campaign Authorization Act of 2017''. SEC. 2. ENHANCED DEPARTMENT OF HOMELAND SECURITY COORDINATION THROUGH THE BLUE CAMPAIGN. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following: ``SEC. 434. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN. ``(a) Definition.--In this section, the term `human trafficking' means an act or practice described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). ``(b) Establishment.--There is established within the Department a program, which shall be known as the `Blue Campaign'. The Blue Campaign shall be headed by a Director, who shall be appointed by the Secretary. ``(c) Purpose.--The purpose of the Blue Campaign shall be to unify and coordinate Department efforts to address human trafficking. ``(d) Responsibilities.--The Secretary, working through the Director, shall, in accordance with subsection (e)-- ``(1) issue Department-wide guidance to appropriate Department personnel; ``(2) develop training programs for such personnel; and ``(3) coordinate departmental efforts, including training for such personnel. ``(e) Guidance and Training.--The Blue Campaign shall provide guidance and training to appropriate Department personnel and other Federal, State, tribal, and law enforcement personnel, as appropriate regarding-- ``(1) programs to help identify instances of human trafficking; ``(2) the types of information that should be collected and recorded in information technology systems utilized by the Department to help identify individuals suspected or convicted of human trafficking; ``(3) systematic and routine information sharing within the Department and among Federal, State, tribal, and local law enforcement agencies regarding-- ``(A) individuals suspected or convicted of human trafficking; and ``(B) patterns and practices of human trafficking; ``(4) techniques to identify suspected victims of trafficking along the United States border and at airport security checkpoints; ``(5) methods to be used by the Transportation Security Administration and personnel from other appropriate agencies-- ``(A) to train employees of the Transportation Security Administration to identify suspected victims of trafficking; and ``(B) to serve as a liaison and resource regarding human trafficking prevention to appropriate State, local, and private sector aviation workers and the traveling public; ``(6) utilizing resources, such as indicator cards, fact sheets, pamphlets, posters, brochures, and radio and television campaigns-- ``(A) to educate partners and stakeholders; and ``(B) to increase public awareness of human trafficking; ``(7) leveraging partnerships with State and local governmental, nongovernmental, and private sector organizations to raise public awareness of human trafficking; and ``(8) any other activities the Secretary determines necessary to carry out the Blue Campaign.''. (b) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 (Public Law 107-296) is amended by inserting after the item relating to section 433 the following: ``Sec. 434. Department of Homeland Security Blue Campaign.''. SEC. 3. INFORMATION TECHNOLOGY SYSTEMS. Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure, in accordance with the Department of Homeland Security-wide guidance required under section 434(d) of the Homeland Security Act of 2002, as added by section 2, the integration of information technology systems utilized within the Department to record and track information regarding individuals suspected or convicted of human trafficking. SEC. 4. REPORT. Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that-- (1) describes the status and effectiveness of the Department of Homeland Security Blue Campaign; and (2) provides a recommendation regarding the appropriate office within the Department of Homeland Security for the Blue Campaign. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $819,000 to carry out section 434 of the Homeland Security Act of 2002, as added by section 2. Passed the Senate October 5, 2017. Attest: Secretary. 115th CONGRESS 1st Session S. 1103 _______________________________________________________________________ AN ACT To amend the Homeland Security Act of 2002 to require the Secretary of Homeland Security to issue Department-wide guidance and to develop training programs as part of the Department of Homeland Security Blue Campaign, and for other purposes.
. The expanded summary of the Senate reported version is repeated here.) Department of Homeland Security Blue Campaign Authorization Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to establish within the Department of Homeland Security (DHS) the Blue Campaign to unify and coordinate DHS efforts to address human trafficking. The campaign shall provide guidance and training to appropriate DHS personnel and other law enforcement personnel regarding: programs to help identify instances of human trafficking; the types of information that should be collected and recorded in information technology systems utilized by DHS to help identify individuals suspected or convicted of human trafficking; systematic and routine information sharing within DHS and among law enforcement agencies regarding such individuals and patterns and practices of human trafficking; techniques to identify suspected trafficking victims along the U.S. border and at airport security checkpoints; methods to be used to train Transportation Security Administration employees to identify trafficking victims and to serve as a liaison and resource regarding trafficking prevention to appropriate state, local, and private sector aviation workers and the traveling public; utilizing resources to educate partners and stakeholders and to increase public awareness of human trafficking; and leveraging partnerships with governmental, nongovernmental, and private organizations to raise such awareness. (Sec. 3) DHS shall: (1) ensure the integration of information technology systems utilized within DHS to record and track information regarding individuals suspected or convicted of human trafficking; and (2) report to Congress describing the status and effectiveness of, and providing recommendation regarding the appropriate DHS office for, such campaign.
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SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Marriage Tax Relief Reconciliation Act of 2000''. (b) Section 15 Not To Apply.--No amendment made by this Act shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN STANDARD DEDUCTION. (a) In General.--Paragraph (2) of section 63(c) of the Internal Revenue Code of 1986 (relating to standard deduction) is amended-- (1) by striking ``$5,000'' in subparagraph (A) and inserting ``200 percent of the dollar amount in effect under subparagraph (C) for the taxable year''; (2) by adding ``or'' at the end of subparagraph (B); (3) by striking ``in the case of'' and all that follows in subparagraph (C) and inserting ``in any other case.''; and (4) by striking subparagraph (D). (b) Technical Amendments.-- (1) Subparagraph (B) of section 1(f)(6) of such Code is amended by striking ``(other than with'' and all that follows through ``shall be applied'' and inserting ``(other than with respect to sections 63(c)(4) and 151(d)(4)(A)) shall be applied''. (2) Paragraph (4) of section 63(c) of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to the amount referred to in paragraph (2)(A).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. PHASEOUT OF MARRIAGE PENALTY IN 15-PERCENT AND 28-PERCENT RATE BRACKETS. (a) In General.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by adding at the end the following new paragraph: ``(8) Phaseout of marriage penalty in 15-percent and 28- percent rate brackets.-- ``(A) In general.--With respect to taxable years beginning after December 31, 2001, in prescribing the tables under paragraph (1)-- ``(i) the maximum taxable income amount in the 15-percent rate bracket, the minimum and maximum taxable income amounts in the 28- percent rate bracket, and the minimum taxable income amount in the 31-percent rate bracket in the table contained in subsection (a) shall be the applicable percentage of the comparable taxable income amounts in the table contained in subsection (c) (after any other adjustment under this subsection), and ``(ii) the comparable taxable income amounts in the table contained in subsection (d) shall be \1/2\ of the amounts determined under clause (i). ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- percentage is-- 2002................................... 170.3 2003................................... 173.8 2004................................... 180.0 2005................................... 183.2 2006................................... 185.0 2007 and thereafter.................... 200.0. ``(C) Rounding.--If any amount determined under subparagraph (A)(i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (b) Technical Amendments.-- (1) Subparagraph (A) of section 1(f)(2) of such Code is amended by inserting ``except as provided in paragraph (8),'' before ``by increasing''. (2) The heading for subsection (f) of section 1 of such Code is amended by inserting ``Phaseout of Marriage Penalty in 15-Percent and 28-Percent Rate Brackets;'' before ``Adjustments''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 4. MARRIAGE PENALTY RELIEF FOR EARNED INCOME CREDIT. (a) In General.--Paragraph (2) of section 32(b) of the Internal Revenue Code of 1986 (relating to percentages and amounts) is amended-- (1) by striking ``Amounts.--The earned'' and inserting ``Amounts.-- ``(A) In general.--Subject to subparagraph (B), the earned''; and (2) by adding at the end the following new subparagraph: ``(B) Joint returns.--In the case of a joint return, the phaseout amount determined under subparagraph (A) shall be increased by $2,500.''. (b) Inflation Adjustment.--Paragraph (1)(B) of section 32(j) of such Code (relating to inflation adjustments) is amended to read as follows: ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined-- ``(i) in the case of amounts in subsections (b)(2)(A) and (i)(1), by substituting `calendar year 1995' for `calendar year 1992' in subparagraph (B) thereof, and ``(ii) in the case of the $2,500 amount in subsection (b)(2)(B), by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) of such section 1.''. (c) Rounding.--Section 32(j)(2)(A) of such Code (relating to rounding) is amended by striking ``subsection (b)(2)'' and inserting ``subsection (b)(2)(A) (after being increased under subparagraph (B) thereof)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 5. PRESERVE FAMILY TAX CREDITS FROM THE ALTERNATIVE MINIMUM TAX. (a) In General.--Subsection (a) of section 26 of the Internal Revenue Code of 1986 (relating to limitation based on tax liability; definition of tax liability) is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed for the taxable year by section 55(a).''. (b) Conforming Amendments.-- (1) Subsection (d) of section 24 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) Section 32 of such Code is amended by striking subsection (h). (3) Section 904 of such Code is amended by striking subsection (h) and by redesignating subsections (i), (j), and (k) as subsections (h), (i), and (j), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 6. COMPLIANCE WITH BUDGET ACT. (a) In General.--Except as provided in subsection (b), all amendments made by this Act which are in effect on September 30, 2005, shall cease to apply as of the close of September 30, 2005. (b) Sunset for Certain Provisions Absent Subsequent Legislation.-- The amendments made by sections 2, 3, 4, and 5 of this Act shall not apply to any taxable year beginning after December 31, 2004.
(Sec. 2) Amends the Internal Revenue Code to provide that the basic standard deduction for a married couple filing jointly shall be twice the basic standard deduction for an unmarried individual, beginning in 2001. (Sec. 3) Provides that the 15 and 28 percent regular income tax bracket for a married couple filing jointly shall be twice the size of the corresponding bracket for an unmarried individual. Sets forth a graduated phase-in beginning in 2002 and fully effective in 2007. (Sec. 4) Increases the beginning point of the phase-out range of the earned income credit for married couples filing jointly by $2,500, beginning in 2001. (Sec. 5) Revises provisions concerning the allowance of nonrefundable personal tax credits to provide that the aggregate amount of such credits shall not exceed the sum of: (1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit; and (2) the alternative minimum tax. (Sec. 6) Sets forth "Budget Act" compliance provisions (sunset provisions).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in IRS Debt Payment Act of 1999''. SEC. 2. INTEREST ON TAX PORTION OF UNDERPAYMENT TO BE COMPOUNDED ANNUALLY. (a) In General.--Section 6622 of the Internal Revenue Code of 1986 (relating to interest compounded daily) is amended by adding at the end the following new subsection: ``(c) Interest on Tax Portion of Underpayment To Be Compounded Annually.-- ``(1) In general.--In the case of interest or other amount referred to in subsection (a) which is required to be paid by the taxpayer, such interest and such amount shall be compounded annually. The preceding sentence shall only apply to the extent that the amount on which such interest and amount are imposed is tax. ``(2) Interest and penalties not treated as tax.-- Notwithstanding sections 6601(e) and 6665, interest and additions to the tax, additional amounts, and penalties provided by chapter 68 shall not be treated as tax for purposes of paragraph (1). ``(3) Allocation of payments.--For purposes of paragraph (1), payments on any underpayment shall be allocated first to amounts which are not treated as tax under paragraph (2) and then to amounts of tax.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to interest for periods after December 31, 1999. SEC. 3. ALLOCATION OF PAYMENTS TO UNDERPAYMENTS. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7527. ALLOCATION OF PAYMENTS TO UNDERPAYMENTS. ``In the case of a taxpayer having underpayments for more than 1 taxable period, payments by the taxpayer against those underpayments shall be allocated by the Secretary of the Treasury equally among such underpayments or in such other manner as may be directed by the taxpayer.'' (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7527. Allocation of payments to underpayments.'' (c) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 1999. SEC. 4. PROHIBITION ON MODIFICATION OF INSTALLMENT AGREEMENTS. (a) In General.--Section 6159 of the Internal Revenue Code of 1986 (relating to agreements for payment of tax liability in installments) is amended by redesignating subsections (d) and (e) as subsection (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: ``(d) Prohibition of Certain Modifications of Installment Agreements.--If the Secretary enters into an installment agreement with a taxpayer under this section (other than under subsection (c))-- ``(1) such agreement shall serve as a closing agreement with respect to the amount of the liability specified in the installment agreement for the periods to which such liability relates, and ``(2) except as provided in subsection (b)(2), such installment agreement may not be altered, modified, or terminated other than by reason of a failure to make a timely payment of any installment under such agreement.'' (b) Conforming Amendments.-- (1) Subsection (b) of section 6159 of such Code is amended by striking paragraphs (3) and (4) and by redesignating paragraph (5) as paragraph (3). (2) Paragraph (3) of section 6159(b) of such Code (as redesignating by paragraph (1)) is amended by striking ``, (3), or (4)''. (c) Effective Date.--The amendments made by this section shall apply to agreements entered into after December 31, 1999. SEC. 5. LIMITATION ON AGGREGATE INTEREST AND PENALTIES. (a) In General.--Section 6404 of the Internal Revenue Code of 1986 (relating to abatements) is amended by adding at the end the following new subsection: ``(j) Abatement of Excessive Interest and Penalties.-- ``(1) In general.--The Secretary shall abate the excessive portion of interest and penalties. ``(2) Excessive portion.--The excessive portion of interest and penalties is the amount by which the aggregate interest, penalties, and additions to the tax with respect to any tax exceeds the amount of such tax.'' (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 6. GUIDELINES AND CRITERIA FOR PENALTY ABATEMENT; REQUIRED EXPLANATION OF REFUSAL TO ABATE PENALTIES. (a) In General.--Section 6404 of the Internal Revenue Code of 1986 (relating to abatements) is amended by adding at the end the following new subsection: ``(k) Guidelines and Criteria for Penalty Abatement; Required Explanation of Refusal To Abate Penalties.-- ``(1) Guidelines and criteria.--The Secretary shall prescribe guidelines and criteria which will be used by the Secretary in determining whether to abate any penalty or addition to the tax. ``(2) Explanations.--If-- ``(A) a taxpayer requests (in such form and manner as the Secretary prescribes) that the Secretary abate any portion of a penalty or an addition to the tax, and ``(B) the Secretary does not grant such request in full, the Secretary shall provide a written explanation to the taxpayer of the reason for not granting such request.'' (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.
Fairness in IRS Debt Payment Act of 1999 - Amends the Internal Revenue Code to compute interest on the tax portion of underpayments annually (currently daily). Allocates payments for taxable period underpayments equally among such periods or as directed by the taxpayer. Prohibits the Secretary of the Treasury from modifying certain voluntary installment agreements other than for reasons of nonpayment. Requires abatement of aggregate tax interest and penalties in excess of the amount of such tax. Requires the Secretary to: (1) prescribe penalty abatement guidelines; and (2) provide a requesting taxpayer with a written explanation for nonabatement of a penalty.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Chemical Security Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) the Federal Bureau of Investigation and the Agency for Toxic Substances and Disease Registry believe that the possibility of terrorist and criminal attacks on chemical plants poses a serious threat to human health, safety, and the environment; (2) limiting public access to chemical accident information does not address the underlying problem of the vulnerability of chemical plants to criminal attack; on the contrary, providing public access to chemical accident information may create substantial incentives to reduce such vulnerability; (3) there are significant opportunities to prevent criminal attack on chemical plants by employing inherently safer technologies in the manufacture and use of chemicals; such technologies may offer industry substantial savings by reducing the need for site security, secondary containment, buffer zones, mitigation, and liability insurance; (4) chemical plants have a general duty to design and maintain safe facilities to prevent criminal activity that may result in harm to human health, safety and the environment; and (5) if the Attorney General determines that chemical plants have not taken adequate actions to protect themselves from criminal attack, the Attorney General must establish a program to ensure that such actions are taken. SEC. 3. PREVENTION OF CRIMINAL RELEASES. (a) Purpose and General Duty.--Section 112(r)(1) of the Clean Air Act (42 U.S.C. 7412(r)(1)) is amended by striking the second sentence and inserting the following: ``Each owner and each operator of a stationary source that produces, processes, handles, or stores such a substance has a general duty in the same manner and to the same extent as the duty imposed under section 5 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654) to identify hazards that may result from an accidental release or criminal release using appropriate hazard assessment techniques, to ensure design and maintenance of safe facilities taking such actions as are necessary to prevent accidental releases and criminal releases, and to minimize the consequences of any accidental release or criminal release that does occur.''. (b) Definitions.--Section 112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)) is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (E) and (F), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) Criminal release.--The term `criminal release' means-- ``(i) a release of a regulated substance from a stationary source into the environment that is caused, in whole or in part, by a criminal act; and ``(ii) a release into the environment of a regulated substance that has been removed from a stationary source, in whole or in part, by a criminal act. ``(C) Design and maintenance of safe facilities.-- The term `design and maintenance of safe facilities' means, with respect to the facilities at a stationary source, the practices of-- ``(i) preventing or reducing the vulnerability of the stationary source to a release of a regulated substance through use of inherently safer technology to the maximum extent practicable; ``(ii) reducing any vulnerability of the stationary source that remains after taking the measures described in clause (i) through secondary containment, control, or mitigation equipment to the maximum extent practicable; ``(iii) reducing any vulnerability of the stationary source that remains after taking the measures described in clauses (i) and (ii) by-- ``(I) making the facilities impregnable to intruders to the maximum extent practicable; and ``(II) improving site security and employee training to the maximum extent practicable; and ``(iv) reducing the potential consequences of any vulnerability of the stationary source that remains after taking the measures described in clauses (i) through (iii) through the use of buffer zones between the stationary source and surrounding populations (including buffer zones between the stationary source and residences, schools, hospitals, senior centers, shopping centers and malls, sports and entertainment arenas, public roads and transportation routes, and other population centers). ``(D) Use of inherently safer technology.-- ``(i) In general.--The term `use of inherently safer technology' means use of a technology, product, raw material, or practice that, as compared to the technology, products, raw materials, or practices currently in use-- ``(I) reduces or eliminates the possibility of release of a toxic, volatile, corrosive, or flammable substance prior to secondary containment, control, or mitigation; and ``(II) reduces or eliminates the hazards to public health and the environment associated with the release or potential release of a substance described in subclause (I). ``(ii) Inclusions.--The term `use of inherently safer technology' includes input substitution, process redesign, product reformulation, procedure simplification, and technology modification so as to-- ``(I) use less hazardous or benign substances; ``(II) moderate pressures or temperatures; ``(III) reduce the likelihood and potential consequences of human error; ``(IV) improve inventory control and chemical use efficiency; and ``(V) reduce or eliminate storage, transportation, and handling of hazardous chemicals.''. (c) Determination and Regulations.--Section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is amended by adding at the end the following: ``(12) Prevention of criminal releases.-- ``(A) Determination of adequacy.--Not later than 1 year after the date of enactment of this paragraph, the Attorney General, in consultation with the Administrator, shall determine whether the owners or operators of stationary sources have taken adequate actions, including the design and maintenance of safe facilities, to detect, prevent, and minimize the consequences of criminal releases that may cause substantial harm to public health, safety, and the environment. ``(B) Chemical security regulations.--If the Attorney General determines, under subparagraph (A), that adequate actions have not been taken, the Attorney General, in consultation with the Administrator, shall promulgate, not later than 2 years after the date of enactment of this paragraph, requirements to ensure that owners or operators of stationary sources take adequate actions, including the design and maintenance of safe facilities, to detect, prevent, and minimize the consequences of criminal releases that may cause substantial harm to public health, safety, and the environment.''. SEC. 4. REGULATIONS. The Administrator of the Environmental Protection Agency and the Attorney General may promulgate such regulations as are necessary to carry out this Act and the amendments made by this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator of the Environmental Protection Agency and the Attorney General such sums as are necessary to carry out this Act and the amendments made by this Act, to remain available until expended.
Chemical Security Act of 1999 - Amends provisions of the Clean Air Act regarding accidental releases of hazardous substances anticipated to cause death, injury, or serious health or environmental effects to require the Attorney General to: (1) determine whether owners or operators of stationary sources have taken adequate actions to detect, prevent, and minimize the consequences of criminal releases that may cause harm to public health and safety and the environment; and (2) promulgate requirements to ensure that such actions are taken, if they have not been taken. Defines a "criminal release" as a release of such a substance: (1) from a stationary source into the environment caused by a criminal act; and (2) that has been removed from a source by a criminal act. Authorizes appropriations.
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SECTION 1. CREDIT FOR EMPLOYER COSTS OF PROVIDING MAMMOGRAPHY SCREENING. (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 thereof the following new section: ``SEC. 30. CREDIT FOR EMPLOYER COSTS OF PROVIDING MAMMOGRAPHY SCREENING. ``(a) Allowance of Credit.--There shall be allowed as a credit against a tax imposed by this chapter for the taxable year an amount equal to 50 percent of the qualified mammography screening costs of an employer for the taxable year. ``(b) Qualified Mammography Screening Costs.-- ``(1) In general.--For purposes of this section, the term `qualified mammography screening costs' means the amount paid or incurred during the taxable year directly or through insurance to provide screening mammography conducted consistent with the frequency required under paragraph (3) and the quality standards established under paragraph (4). ``(2) Screening mammography.--The term `screening mammography' means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(3) Frequency permitted.-- ``(A) In general.--Except as otherwise provided in this paragraph, the frequency required under this paragraph is annually. ``(B) Review and revision.-- ``(i) Review.--The Secretary of Health and Human Services, in consultation with the Director of the National Cancer Institute, shall review periodically the appropriate frequency for performing screening mammography, based on age and such other factors as such Secretary believes to be pertinent. ``(ii) Revision of frequency.--Such Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which screening mammography may be required for purposes of this paragraph, but no such revision shall apply to screening mammography performed before January 1, 1995. ``(4) Quality standards.--The Secretary of Health and Human Services shall establish standards to assure the safety and accuracy of screening mammography taken into account under this section. Such standards shall include the requirements that-- ``(A) the equipment used to perform the mammography must be specifically designed for mammography and must meet radiologic standards established by such Secretary for mammography; ``(B) the mammography must be performed by an individual who-- ``(i) is licensed by a State to perform radiological procedures, or ``(ii) is certified as qualified to perform radiological procedures by such an appropriate organization as such Secretary specifies in regulations; ``(C) the results of the mammography must be interpreted by a physician-- ``(i) who is certified as qualified to interpret radiological procedures by such an appropriate board as such Secretary specifies in regulations, or ``(ii) who is certified as qualified to interpret screening mammography procedures by such a program as such Secretary recognizes in regulation as assuring the qualifications of the individual with respect to such interpretation; and ``(D) with respect to the first screening mammography performed on a woman which is taken into account under this section, there are satisfactory assurances that the results of the mammography will be placed in permanent medical records maintained with respect to the woman. ``(c) Other Definitions.--For purposes of this section-- ``(1) 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 (2). ``(2) Employee.--The term `employee' includes an individual who is a self-employed individual (as defined in section 401(c)(1)(B)). ``(d) 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 subpart A, and sections 27, 28, and 29, over ``(2) the tentative minimum tax for the taxable year.'' (b) Clerical Amendment.--The table of sections for such subpart B is amended by adding at the end thereof the following new item: ``Sec. 30. Credit for employer costs for mammography screening.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
Amends the Internal Revenue Code to allow an employer a tax credit for 50 percent of qualified mammography screening costs. Requires the Secretary of Health and Human Services to establish standards to assure the safety and accuracy of such mammography screening.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Consideration of Cuts, Consolidations, and Savings Act of 2013''. SEC. 2. EXPEDITED CONSIDERATION OF CUTS, CONSOLIDATIONS, AND SAVINGS PREPARED BY THE OFFICE OF MANAGEMENT AND BUDGET. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``cuts, consolidations, and savings prepared by the office of management and budget ``Sec. 1013. (a) In General.--The President may propose, at the time and in the manner provided in subsection (b), the carrying out of all or part of the recommendations contained in the most recent Cuts, Consolidations, and Savings prepared by the Office of Management and Budget. ``(b) Transmittal of Special Message.--Not later than 120 days after the publication of any Cuts, Consolidations, and Savings prepared by the Office of Management and Budget, the President may transmit to Congress a special message to carry out all or part of the recommendations contained in that Cuts, Consolidations, and Savings. The President shall include with that special message a draft bill or joint resolution that would carry out his recommendations. ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second day of continuous session of the applicable House after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Congress in which the Act involved originated shall introduce (by request) the draft bill or joint resolution accompanying that special message. If the bill or joint resolution is not introduced as provided in the preceding sentence, then, on the third day of continuous session of that House after the date of receipt of that special message, any Member of that House may introduce the bill or joint resolution. ``(B) The bill or joint resolution shall be referred to the committee or committees with subject matter jurisdiction over that measure. The committee or committees shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after the date of receipt of that special message. If a committee fails to report the bill or joint resolution within that period, that committee shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill or joint resolution shall be taken in that House on or before the close of the 10th calendar day of continuous session of that House after the date of the introduction of the bill or joint resolution in that House. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of Congress on the same calendar day on which the bill or joint resolution is agreed to. ``(2)(A) A bill or joint resolution transmitted to the House of Representatives or the Senate pursuant to paragraph (1)(C) shall be referred to the committee or committees of jurisdiction of that House. The committee or committees shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after it receives the bill or joint resolution. A committee failing to report the bill or joint resolution within such period shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill or joint resolution transmitted to that House shall be taken on or before the close of the 10th calendar day of continuous session of that House after the date on which the bill or joint resolution is transmitted. If the bill or joint resolution is agreed to in that House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated. ``(3)(A) A motion in the House of Representatives to proceed to the consideration of a bill or joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill or joint resolution under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or joint resolution under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill or joint resolution under this section shall be governed by the Rules of the House of Representatives. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill or joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill or joint resolution under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill or joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or joint resolution, except that in the event the manager of the bill or joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill or joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. ``(d) Amendments Prohibited.--No amendment to a bill or joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(e) Definitions.--For purposes of this section continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by subsection (a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. TERMINATION. The authority provided by section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall terminate effective on the date in 2018 on which the Congress adjourns sine die.
Expedited Consideration of Cuts, Consolidations, and Savings Act of 2013 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose to carry out all or part of the recommendations contained in the most recent Cuts, Consolidations, and Savings prepared by the Office of Management and Budget (OMB). Sets forth requirements for the President's transmittal to Congress of a special message regarding such proposal, including a draft bill or joint resolution to carry it out. Prescribes procedures for expedited congressional consideration of the legislation. Makes it out of order in both chambers to: (1) consider an amendment to such legislation; or (2) entertain a motion to suspend this prohibition, including by unanimous consent.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Tax Treatment of Hedge Funds and Private Equity Act of 2007''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``the Commission on the Tax Treatment of Hedge Funds and Private Equity'' (in this Act referred to as ``the Commission''). SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall review the hedge fund and private equity industry in the United States and make recommendations to Congress on the tax treatment for these industries. (b) Particular Issues.--In carrying out its duties under subsection (a), among the issues the Commission shall consider are the following: (1) The fairness and equity of various tax treatments. (2) The impact of any proposed changes to the tax treatment of hedge funds and private equity, specifically on-- (A) employment and job creation, (B) investors, including institutional investors like pension funds and college endowments, (C) United States competitiveness and the state of the United States as the world's premiere financial center, and (D) technology and innovation. (3) The regulatory structure of these entities. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 10 members appointed as follows: (1) 3 members shall be appointed by the majority leader of the Senate. (2) 3 members shall be appointed by the Speaker of the House of Representatives. (3) 2 members shall be appointed by the minority leader of the Senate. (4) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications.--The members shall have knowledge and expertise in matters to be studied by the Commission, except that the members shall not have a conflict of interest with any matter the issue is required to review under section 3. (c) Terms.--Members shall be appointed for the life of the Commission. (d) Vacancies.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (e) Chair.--The Chair of the Commission shall be designated by the Speaker of the House of Representatives, after consulting with the majority leader of the Senate and the minority leaders of the House of Representatives and the Senate. (f) Deadline for Appointment.--The appointments of the members of the Commission shall be made no later than 30 days after the date of enactment of this Act. (g) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members shall each be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (h) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (i) Retired Annuitants.--A member of the Commission who is an annuitant otherwise covered by section 8344 or section 8468 of title 5, United States Code, shall not be subject to the provisions of that section with respect to membership on the Commission by reason of membership on the Commission. (j) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (k) Meetings.-- (1) First meeting.--The Commission shall hold its first meeting on a date designated by the Speaker of the House of Representatives which is not later than 30 days after the date on which all members have been appointed. (2) Subsequent meetings.--After the first meeting, the Commission shall meet upon the call of the Chair. SEC. 5. STAFF OF COMMISSION. (a) Director.--The Commission shall have a Director who shall be appointed by the Chair. The Director shall be paid a rate not to exceed the maximum rate of basic pay for GS-15 of the General Schedule. (b) Additional Staff.--In addition to the Director, the Chair may appoint and fix the pay of up to 3 staff members, except that any staff member appointed under this subsection shall not be paid at a rate to exceed the maximum rate of basic pay for GS-15 of the General Schedule. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Staff of Federal Agencies.--Upon the request of the Chair of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. REPORT. (a) In General.--The Commission shall transmit a final report to the President and Congress not later than 90 days after the date on which the members of the Commission are first appointed. (b) Contents.--The final report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission which address the issues stated in section 3(b). SEC. 8. TERMINATION. The Commission shall terminate 30 days after the date on which the Commission submits its final report to the President and Congress under section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.
Commission on the Tax Treatment of Hedge Funds and Private Equity Act of 2007 - Establishes the Commission on the Tax Treatment of Hedge Funds and Private Equity to review and make recommendations to Congress on the tax treatment of the U.S. hedge fund and private equity industry.
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SECTION 1. INCREASE IN FEDERAL EXCISE TAX ON ALL CIGARETTES. (a) In General.--Subsection (b) of section 5701 of the Internal Revenue Code of 1986 (relating to imposition of tax on cigarettes) is amended-- (1) by striking ``$12 per thousand ($10 per thousand on cigarettes removed during 1991 or 1992)'' in paragraph (1) and inserting ``$16 per thousand'', and (2) by striking ``$25.20 per thousand ($21 per thousand on cigarettes removed during 1991 or 1992)'' in paragraph (2) and inserting ``$33.60''. (b) Floor Stocks.-- (1) Imposition of tax.--On cigarettes manufactured in or imported into the United States which are removed before October 1, 1993, and held on such date for sale by any person, there shall be imposed the following taxes: (A) Small cigarettes.--On cigarettes, weighing not more than 3 pounds per thousand, $4 per thousand; and (B) Large cigarettes.--On cigarettes, weighing more than 3 pounds per thousand, $8.40 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. (2) Exception for certain amounts of cigarettes.-- (A) In general.--No tax shall be imposed by paragraph (1) on cigarettes held on any tax-increase date by any person if-- (i) the aggregate number of cigarettes held by such person on such date does not exceed 30,000, and (ii) such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. For purposes of this subparagraph, in the case of cigarettes measuring more than 6\1/2\ inches in length, each 2\3/4\ inches (or fraction thereof) of the length of each shall be counted as one cigarette. (B) Authority to exempt cigarettes held in vending machines.--To the extent provided in regulations prescribed by the Secretary, no tax shall be imposed by paragraph (1) on cigarettes held for retail sale on any tax-increase date by any person in any vending machine. If the Secretary so provides with respect to any person, the Secretary may reduce the 30,000 amount in subparagraph (A) and the $60 amount in paragraph (3) with respect to such person. (3) Credit against tax.--Each person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to $60. Such credit shall not exceed the amount of taxes imposed by paragraph (1) for which such person is liable. (4) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding cigarettes on October 1, 1993, 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 paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before March 31, 1994. (5) Definitions.--For purposes of this subsection-- (A) Cigarette.--The term ``cigarette'' shall have the meaning given to such term by subsection (b) of section 5702 of the Internal Revenue Code of 1986. (B) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. (6) Controlled groups.--Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. (c) Effective Date.--The amendments made by subsection (a) shall apply to cigarettes removed after September 30, 1993. SEC. 2. TRANSFER OF ADDITIONAL REVENUES TO FEDERAL HOSPITAL INSURANCE TRUST FUND. (a) In General.--There are hereby appropriated for deposit into the Federal Hospital Insurance Trust Fund established under section 1817(a) of the Social Security Act amounts determined by the Secretary of the Treasury or his delegate to be equivalent to-- (1) the excess of the amount of the taxes received in the Treasury under section 5701(b) of the Internal Revenue Code of 1986 over the amount which would be so received if section 1 of this Act had not been enacted, reduced by (2) the amount of credits or payments allowable under such Code which are properly chargeable against the amount of such excess. (b) Method of Transfer.--The amounts appropriated by subsection (a) shall be transferred at least monthly from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury or his delegate of the amounts referred to in subsection (a) received in the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
Amends the Internal Revenue Code to increase the excise tax on cigarettes. Transfers to the Federal Hospital Insurance Trust Fund (Medicare) any revenue resulting from the increase.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness and Accountability in Broadcasting Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Communications Act of 1934 requires the Federal Communications Commission and broadcast licensees to promote the ``public interest,'' a phrase that appears 40 times in the legislation. (2) Because broadcasters receive free licenses to use the public's airwaves, estimated to be worth hundreds of billions of dollars, they have an obligation to uphold the public's interest, and to adequately inform the public about news and opinion. (3) From 1949 to 1987, a policy of the Federal Communications Commission (FCC) required that radio and television stations air all sides of important or controversial issues, and give equal time to all candidates. (4) Since the rescission of the Fairness Doctrine, the country has experienced a proliferation of highly partisan networks, news outlets, and ownership groups that disseminate unbalanced news coverage and broadcast content. (5) News consumers, particularly those of talk radio, are overwhelmingly exposed to a single point of view. A 2004 survey by Democracy Radio revealed that 90 percent of all broadcast hours on talk radio are characterized as conservative. This imbalance results in issues of public importance receiving little or no attention, while others are presented in a manner not conducive to the listeners' receiving the facts and range of opinions necessary to make informed decisions. (6) The 2004 survey, done by Democracy Radio, found that there were 2,349 hours of local conservative programs broadcast every week versus 555 hours of local progressive programs, and 39,382 hours of national conservative programs broadcast every week versus 2,487 hours of national progressive programs. (7) An April 2004 poll, conducted by Media Matters for America of likely voters shows overwhelming support across the political and demographic spectrum for restoring rules requiring fairness and balance on the public's airwaves. When asked whether television and radio stations that use the public's airwaves should be required to present the sides of an issue in a reasonably balanced way including giving time to opposing points of view. (8) Democracy is built on the concept that the views, beliefs, and values of an informed citizenry provide the best basis for political decision-making. SEC. 2. IMPLEMENTATION OF PUBLIC INTEREST STANDARDS. Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended by adding at the end the following new subsection: ``(l) Implementation of Public Interest Standard.-- ``(1) Purpose.--The purposes of this subsection are-- ``(A) to restore fairness in broadcasting; ``(B) to ensure that broadcasters meet their public interest obligations; ``(C) to promote diversity, localism, and competition in American media; and ``(D) to ensure that all radio and television broadcasters-- ``(i) are accountable to the local communities they are licensed to serve; ``(ii) offer diverse views on issues of public importance, including local issues; and ``(iii) provide regular opportunities for meaningful public dialogue among listeners, viewers, station personnel, and licensees. ``(2) Standards for public interest determinations.--The Commission may not issue or renew any license for a broadcasting station based upon a finding that the issuance or renewal serves the public interest, convenience, and necessity unless such station is in compliance with the requirements of this subsection. ``(3) Coverage of issues of public importance.--Each broadcast station licensee shall, consistent with the purposes of this subsection, cover issues of importance to their local communities in a fair manner, taking into account the diverse interests and viewpoints in the local community. ``(4) Hearings on needs and interests of the community.-- Each broadcast station licensee shall hold two public hearings each year in its community of license during the term of each license to ascertain the needs and interests of the communities they are licensed to serve. One hearing shall take place two months prior to the date of application for license issuance or renewal. The licensee shall, on a timely basis, place transcripts of these hearings in the station's public file, make such transcripts available via the Internet or other electronic means, and submit such transcripts to the Commission as a part of any license renewal application. All interested individuals shall be afforded the opportunity to participate in such hearings. ``(5) Documentation of issue coverage.--Each broadcast station licensee shall document and report in writing, on a biannual basis, to the Commission, the programming that is broadcast to cover the issues of public importance ascertained by the licensee under paragraph (3) or otherwise, and on how such coverage reflects the diverse interests and viewpoints in the local community of such station. Such documents shall also be placed, on a timely basis, in the station's public file and made available via the Internet or other electronic means. ``(6) Consequences of failure.-- ``(A) Petitions to deny.--Any interested person may file a petition to deny a license renewal on the grounds of-- ``(i) the applicant's failure to afford reasonable opportunities for presentation of opposing points of view on issues of public importance in its overall programming, or the applicant's non-compliance with the Commission's programming rules and policies relating to news staging and sponsorship identification; ``(ii) the failure to hold hearings as required by paragraph (3); ``(iii) the failure to ascertain the needs and interests of the community; or ``(iv) the failure to document and report on the manner in which fairness and diversity have been addressed in local programming. ``(B) Commission review.--Any petition to deny filed under subparagraph (A) shall be reviewed by the Commission. If the Commission finds that the petition provides prima facie evidence of a violation, the Commission shall conduct a hearing in the local community of license to further investigate the charges prior to renewing the license that is the subject of such petition. ``(C) Other remedies.--Nothing in this subsection shall preclude the Commission from imposing on a station licensee any other sanction available under this Act or in law for a failure to comply with the requirements of this subsection. ``(7) Annual report.-- The Commission shall report annually to the Congress on petitions to deny received under this subsection, and on the Commission's decisions regarding those petitions.''. SEC. 3. TERM OF LICENSE. (a) Amendment.--Section 307(c)(1) of the Communications Act of 1934 (47 U.S.C. 307(c)(1)) is amended by striking ``8 years'' each place it appears and inserting ``4 years''. (b) Effective Date.--The amendment made by subsection (a) shall be effective with respect to any license granted by the Federal Communications Commission after the date of enactment of this Act.
Fairness and Accountability in Broadcasting Act - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from issuing or renewing any license for a broadcasting station based upon a finding that the issuance or renewal serves the public interest, convenience, and necessity unless such station: (1) covers issues of importance to the local community in a fair manner, taking into account diverse interests and viewpoints of the local community; (2) holds two public hearings each year in the local community to ascertain the needs and interests of the local communities that they serve; and (3) documents and reports in writing, on a biannual basis to the FCC, the programming that is broadcast to cover the issues of public importance as ascertained through the hearings process, and how such coverage reflects the diverse interests and viewpoints in the local community. Allows any interested person to file a petition with the FCC to deny a license renewal for a broadcast station's failure to follow the above requirements. Reduces from eight to four years the term of a broadcast license.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Three Kids Mine Remediation and Reclamation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the approximately 948 acres of Bureau of Reclamation and Bureau of Land Management land within the Three Kids Mine Project Site, as depicted on the map. (2) Hazardous substance; pollutant or contaminant; remedy.--The terms ``hazardous substance'', ``pollutant or contaminant'', and ``remedy'' have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (3) Henderson redevelopment agency.--The term ``Henderson Redevelopment Agency'' means the redevelopment agency of the City of Henderson, Nevada, established and authorized to transact business and exercise the powers of the agency in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685). (4) Map.--The term ``map'' means the map entitled ``Three Kids Mine Project Area'' and dated February 6, 2012. (5) Responsible party.--The term ``Responsible Party'' means the private sector entity designated by the Henderson Redevelopment Agency, and approved by the State of Nevada, to complete the assessment, remediation, reclamation and redevelopment of the Three Kids Mine Project Site). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Nevada. (8) Three kids mine project site.--The term ``Three Kids Mine Project Site'' means the approximately 1,262 acres of land that is-- (A) comprised of-- (i) the Federal land; and (ii) the approximately 314 acres of adjacent non- Federal land; and (B) depicted as the ``Three Kids Mine Project Site'' on the map. SEC. 3. LAND CONVEYANCE. (a) In General.--Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 90 days after the date on which the Secretary determines that the conditions described in subsection (b) have been met, and subject to valid existing rights and applicable law, the Secretary shall convey to the Henderson Redevelopment Agency all right, title, and interest of the United States in and to the Federal land. (b) Conditions.-- (1) Appraisal; fair market value.-- (A) In general.--As consideration for the conveyance under subsection (a), the Henderson Redevelopment Agency shall pay the fair market value of the Federal land, if any, as determined under subparagraph (B) and as adjusted under subparagraph (F). (B) Appraisal.--The Secretary shall determine the fair market value of the Federal land based on an appraisal-- (i) that is conducted in accordance with nationally recognized appraisal standards, including-- (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (II) the Uniform Standards of Professional Appraisal Practice; and (ii) that does not take into account any existing contamination associated with historical mining on the Federal land. (C) Remediation and reclamation costs.-- (i) In general.--The Secretary shall prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. (ii) Considerations.--The estimate prepared under clause (i) shall be-- (I) based on the results of a comprehensive Phase II environmental site assessment of the Three Kids Mine Project Site prepared by the Henderson Redevelopment Agency or a Responsible Party that has been approved by the State; and (II) prepared in accordance with the current version of the ASTM International Standard E-2137-06 (2011) entitled ``Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters''. (iii) Assessment requirements.--The Phase II environmental site assessment prepared under clause (ii)(I) shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of-- (I) the most recent version of ASTM International Standard E-1527-05 entitled ``Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process''; and (II) the most recent version of ASTM International Standard E-1903-11 entitled ``Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process''. (iv) Review of certain information.-- (I) In general.--The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency, the Responsible Party, and the State in the preparation of the estimate under this subparagraph. (II) Final determination.--If there is a disagreement among the Secretary, Henderson Redevelopment Agency, and the State over the reasonable estimate of costs under this subparagraph, the parties shall jointly select 1 or more experts to assist the Secretary in making the final estimate of the costs. (D) Deadline.--Not later than 30 days after the date of enactment of this Act, the Secretary shall begin the appraisal and cost estimates under subparagraphs (B) and (C), respectively. (E) Appraisal costs.--The Henderson Redevelopment Agency or the Responsible Party shall reimburse the Secretary for the costs incurred in performing the appraisal under subparagraph (B). (F) Adjustment.--The Secretary shall administratively adjust the fair market value of the Federal land, as determined under subparagraph (B), based on the estimate of remediation, and reclamation costs, as determined under subparagraph (C). (2) Mine remediation and reclamation agreement executed.-- (A) In general.--The conveyance under subsection (a) shall be contingent on-- (i) the Secretary receiving from the State written notification that a mine remediation and reclamation agreement has been executed in accordance with subparagraph (B); and (ii) the Secretary concurring, not later than 30 days after the date of receipt of the written notification under clause (i), that the requirements under subparagraph (B) have been met. (B) Requirements.--The mine remediation and reclamation agreement required under subparagraph (A) shall be an enforceable consent order or agreement between the State and the Responsible Party who will be obligated to perform under the consent order or agreement administered by the State that-- (i) obligates the Responsible Party to perform, after the conveyance of the Federal land under this Act, the remediation and reclamation work at the Three Kids Mine Project Site necessary to ensure all remedial actions necessary to protect human health and the environment with respect to any hazardous substances, pollutant, or contaminant will be taken, in accordance with all Federal, State, and local requirements; and (ii) contains provisions determined to be necessary by the State and the Henderson Redevelopment Agency, including financial assurance provisions to ensure the completion of the remedy. (3) Notification from agency.--As a condition of the conveyance under subsection (a), not later than 90 days after the date of execution of the mine remediation and reclamation agreement required under paragraph (2), the Secretary shall accept written notification from the Henderson Redevelopment Agency that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under subsection (a). SEC. 4. WITHDRAWAL. (a) In General.--Subject to valid existing rights, for the 10-year period beginning on the earlier of the date of enactment of this Act or the date of the conveyance required by this Act, the Federal land is withdrawn from all forms of-- (1) entry, appropriation, operation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and the geothermal leasing laws. (b) Existing Reclamation Withdrawals.--Subject to valid existing rights, any withdrawal under the public land laws that includes all or any portion of the Federal land for which the Bureau of Reclamation has determined that the Bureau of Reclamation has no further need under applicable law is relinquished and revoked solely to the extent necessary-- (1) to exclude from the withdrawal the property that is no longer needed; and (2) to allow for the immediate conveyance of the Federal land as required under this Act. (c) Existing Reclamation Project and Permitted Facilities.--Except as provided in subsection (a), nothing in this Act diminishes, hinders, or interferes with the exclusive and perpetual use by the existing rights holders for the operation, maintenance, and improvement of water conveyance infrastructure and facilities, including all necessary ingress and egress, situated on the Federal land that were constructed or permitted by the Bureau of Reclamation before the effective date of this Act. SEC. 5. ACEC BOUNDARY ADJUSTMENT. Notwithstanding section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713), the boundary of the River Mountains Area of Critical Environmental Concern (NVN 76884) is adjusted to exclude any portion of the Three Kids Mine Project Site consistent with the map. SEC. 6. RESPONSIBILITIES OF THE PARTIES. (a) Responsibility of Parties to Mine Remediation and Reclamation Agreement.--On completion of the conveyance under section 3, the responsibility for complying with the mine remediation and reclamation agreement executed under section 3(b)(2) shall apply to the Responsible Party and the State of Nevada. (b) Savings Provision.--If the conveyance under this Act has occurred, but the terms of the agreement executed under section 3(b)(2) have not been met, nothing in this Act-- (1) affects the responsibility of the Secretary to take any additional response action necessary to protect public health and the environment from a release or the threat of a release of a hazardous substance, pollutant, or contaminant; or (2) unless otherwise expressly provided, modifies, limits, or otherwise affects-- (A) the application of, or obligation to comply with, any law, including any environmental or public health law; or (B) the authority of the United States to enforce compliance with the requirements of any law or the agreement executed under section 3(b)(2). SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT ACT. Southern Nevada Public Land Management Act of 1998 (31 U.S.C. 6901 note; Public Law 105-263) shall not apply to land conveyed under this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
(This measure has not been amended since it was reported to the House on July 8, 2013. Three Kids Mine Remediation and Reclamation Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, all right, title, and interest of the United States of the approximately 948 identified acres of Bureau of Reclamation and Bureau of Land Management (BLM) land within the Three Kids Mine Project Site (the federal land). Requires the Henderson Redevelopment Agency to pay the fair market value, if any, for the federal land. Directs the Secretary to determine the fair market value of the federal land based on an appraisal that does not take into account any existing contamination. Requires the Henderson Redevelopment Agency to reimburse the Secretary for appraisal costs. Directs the Secretary to prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. Requires the Mine Remediation and Reclamation Agreement to be an enforceable consent order or agreement administered by the state. (Sec. 4) Withdraws the federal land, for a 10-year period, beginning on the earlier of enactment, or on the date of conveyance, from: (1) entry, appropriation, operation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and the geothermal leasing laws. Relinquishes and revokes, subject to valid existing rights, any withdrawal that includes any portion of the federal land for which the Bureau of Reclamation has no further need. Declares that nothing in this Act diminishes, hinders, or interferes with the exclusive and perpetual use by existing rights holders of the operation, maintenance, and improvement of water conveyance infrastructure and facilities situated on the federal land constructed or permitted by the Bureau of Reclamation before the effective date of this Act. (Sec. 5) Adjusts the boundary of the River Mountains Area of Critical Environmental Concern to exclude any portion of the Three Kids Mine Project Site. (Sec. 6) Applies the responsibility for complying with the mine remediation and reclamation agreement executed under section 3, upon completion of the conveyance, to the responsible party and the state of Nevada. (Defines "responsible party" as the private sector entity designated by the Henderson Redevelopment Agency, and approved by the state, to complete the assessment, remediation, reclamation, and redevelopment of the Three Kids Mine Project Site.) (Sec. 7) Makes the Southern Nevada Public Land Management Act of 1998 inapplicable to land conveyed under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Antibullying Campaign Act of 2005''. SEC. 2. GRANTS FOR ANTIHARASSMENT PROGRAMS. (a) Grants.--The Secretary of Education shall provide a grant to each State that submits an application in accordance with subsection (c) to enable the State to establish and carry out or continue to carry out an antiharassment program as described in subsection (b). (b) Program Described.--An antiharassment program referred to in subsection (a) is a program that prohibits harassment in schools and at all school-sponsored programs or activities based on any distinguishing characteristic of an individual, including actual or perceived race, color, national origin, ethnicity, religion, disability, sexual orientation, sex, gender identity or expression, family composition or circumstance, or economic circumstance. (c) Application.-- (1) In general.--The Secretary may not make a grant to a State under this section unless the State submits to the Secretary an application that contains detailed information about the State's existing or proposed antiharassment program. Such information shall include-- (A) the State's existing or proposed prohibition on harassment; (B) the State's existing or proposed definition of harassment and any other relevant terms; and (C) a budget for the antiharassment program, including a detailed description of how amounts received under the grant will be spent. (2) Application review and approval.-- (A) In general.--Not later than 30 days after the date of submission of the State's application, the Secretary shall review and approve or disapprove the application. (B) Approval.--Not later than 30 days after the date on which the Secretary approves the State's application, the Secretary shall provide a grant to the State. (C) Disapproval.--Not later than 30 days after the date on which the Secretary disapproves the State's application, the Secretary shall inform the State in writing as to the reasons why the application was disapproved and what the State may do to correct the application and receive the Secretary's approval. (d) Matching Funds.--The Secretary may not make a grant to a State under this section unless the State agrees that it will contribute from non-Federal sources an amount equal to not less than 50 percent of the amount received under the grant to carry out the antiharassment program described in subsection (b). SEC. 3. STUDY AND REPORT. (a) Study.--The Secretary of Education shall conduct a study concerning harassment in public schools in the United States. The findings of the study shall include-- (1) the number of students who are harassed; (2) the demographics of those students who are harassed; (3) the type of harassment to which students are subjected, including-- (A) the reasons upon which the harassment was based; and (B) the type of conduct, physical or verbal, involved; (4) the number of States that have comprehensive campaigns to combat harassment; and (5) the amount of funds each State expends on antiharassment programs each year. (b) Process.--In conducting the study required by subsection (a), the Secretary shall make every effort to protect the privacy of students involved in reports of harassment. (c) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary shall submit to Congress a report that contains the findings and an analysis of the study. SEC. 4. DEFINITIONS. In this Act: (1) Harassment.--The term ``harassment'' means conduct, including verbal conduct, that-- (A) creates, or would create, a hostile environment by substantially interfering with a student's educational benefits, opportunities, or performance, or with a student's physical or psychological well-being; or (B) is threatening or seriously intimidating. (2) School.--The term ``school'' means an elementary school or secondary school as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $75,000,000 for each of fiscal years 2006 through 2009. (b) Availability.--Amounts authorized to be appropriated by subsection (a) are authorized to remain available until September 30, 2009.
Antibullying Campaign Act of 2005 - Directs the Secretary of Education to make matching grants to applicant states for antiharassment programs that prohibit harassment in public schools and on public school grounds based on any distinguishing characteristic of an individual. Directs the Secretary to study and report to Congress on harassment in public schools.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuels for America's Future Act of 2010''. SEC. 2. REDUCTION IN CREDIT FOR FUEL REQUIRED TO MEET RENEWABLE FUEL OBLIGATION. (a) In General.--Subsection (d) of section 40 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Alcohol required to meet renewable fuel obligation not taken into account.-- ``(A) In general.--Alcohol used to meet the renewable fuel obligation applicable to the taxpayer shall not be taken into account for purposes of determining a credit under this section. ``(B) Renewable fuel obligation.--For purposes of subparagraph (A), the term `renewable fuel obligation' means the renewable fuel obligation determined under section 211(o)(3) of the Clean Air Act (42 U.S.C. 7545(o)(3)). ``(C) Use of rins.--Determinations for purposes of subparagraph (A) shall be made through the use of renewable identification numbers received from the taxpayer by the Administrator of the Environmental Protection Agency pursuant to regulations issued under section 211(o) of such Act.''. (b) Excise Tax Credit.--Subsection (b) of section 6426 of such Code, as amended by section 4 of this Act, is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: ``(6) Alcohol required to meet renewable fuel obligation not taken into account.-- ``(A) In general.--Alcohol used to meet the renewable fuel obligation applicable to the taxpayer shall not be taken into account for purposes of determining a credit under this subsection. ``(B) Renewable fuel obligation.--For purposes of subparagraph (A), the term `renewable fuel obligation' means the renewable fuel obligation determined under section 211(o)(3) of the Clean Air Act (42 U.S.C. 7545(o)(3)). ``(C) Use of rins.--Determinations for purposes of subparagraph (A) shall be made through the use of renewable identification numbers received from the taxpayer by the Administrator of the Environmental Protection Agency pursuant to regulations issued under section 211(o) of such Act.''. (c) Effective Date.--The amendments made by this section shall apply to fuel produced or sold after December 31, 2010. SEC. 3. EXTENSION OF INCOME TAX CREDIT FOR ALCOHOL USED AS FUEL. (a) In General.--Paragraph (1) of section 40(e) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``December 31, 2010'' in subparagraph (A) and inserting ``December 31, 2015'', and (2) by striking ``January 1, 2013'' in subparagraph (B) and inserting ``January 1, 2016''. (b) Cellulosic Biofuel.--Subparagraph (H) of section 40(b)(6) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2016''. (c) Reduced Amount for Ethanol Blenders.--Paragraph (2) of section 40(h) of such Code is amended by striking ``2010'' and inserting ``2015''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 4. EXTENSION OF EXCISE TAX CREDIT FOR ALCOHOL USED AS FUEL. (a) In General.--Paragraph (6) of section 6426(b) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2010'' and inserting ``December 31, 2015''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 5. EXTENSION OF ADDITIONAL DUTIES ON ETHANOL. Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff Schedule of the United States are each amended in the effective period column by striking ``1/1/2011'' and inserting ``1/1/2016''. SEC. 6. ENSURING THE AVAILABILITY OF DUAL FUELED AUTOMOBILES AND LIGHT DUTY TRUCKS. (a) In General.--Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following: ``Sec. 32902A. Requirement to manufacture dual fueled automobiles and light duty trucks ``(a) In General.--For each model year listed in the following table, each manufacturer shall ensure that the percentage of automobiles and light duty trucks manufactured by the manufacturer for sale in the United States that are dual fueled automobiles and light duty trucks is not less than the percentage set forth for that model year in the following table: ``Model Year Percentage Model years 2012 and 2013....................... 50 percent Model year 2014 and each subsequent model year.. 90 percent. ``(b) Exception.--Subsection (a) shall not apply to automobiles or light duty trucks that operate only on electricity.''. (b) Clerical Amendment.--The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following: ``32902A. Requirement to manufacture dual fueled automobiles and light duty trucks.''. (c) Rulemaking.--Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall prescribe regulations to carry out the amendments made by this section. SEC. 7. BLENDER PUMP PROMOTION. (a) Blender Pump Grant Program.-- (1) Definitions.--In this subsection: (A) Blender pump.--The term ``blender pump'' means an automotive fuel dispensing pump capable of dispensing at least 3 different blends of gasoline and ethanol, as selected by the pump operator, including blends ranging from 0 percent ethanol to 85 percent denatured ethanol, as determined by the Secretary. (B) E-85 fuel.--The term ``E-85 fuel'' means a blend of gasoline approximately 85 percent of the content of which is ethanol. (C) Ethanol fuel blend.--The term ``ethanol fuel blend'' means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol. (D) Secretary.--The term ``Secretary'' means the Secretary of Energy. (2) Grants.--The Secretary shall make grants under this subsection to eligible facilities (as determined by the Secretary) to pay the Federal share of-- (A) installing blender pump fuel infrastructure, including infrastructure necessary-- (i) for the direct retail sale of ethanol fuel blends (including E-85 fuel), including blender pumps and storage tanks; and (ii) to directly market ethanol fuel blends (including E-85 fuel) to gas retailers, including inline blending equipment, pumps, storage tanks, and loadout equipment; and (B) providing subgrants to direct retailers of ethanol fuel blends (including E-85 fuel) for the purpose of installing fuel infrastructure for the direct retail sale of ethanol fuel blends (including E- 85 fuel), including blender pumps and storage tanks. (3) Federal share.--The Federal share of the cost of a project carried out under this subsection shall be 50 percent of the total cost of the project. (4) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out this subsection, to remain available until expended-- (A) $50,000,000 for fiscal year 2011; (B) $100,000,000 for fiscal year 2012; (C) $200,000,000 for fiscal year 2013; (D) $300,000,000 for fiscal year 2014; and (E) $350,000,000 for fiscal year 2015. (b) Installation of Blender Pumps by Major Fuel Distributors at Owned Stations and Branded Stations.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding at the end the following: ``(13) Installation of blender pumps by major fuel distributors at owned stations and branded stations.-- ``(A) Definitions.--In this paragraph: ``(i) E-85 fuel.--The term `E-85 fuel' means a blend of gasoline approximately 85 percent of the content of which is ethanol. ``(ii) Ethanol fuel blend.--The term `ethanol fuel blend' means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol. ``(iii) Major fuel distributor.-- ``(I) In general.--The term `major fuel distributor' means any person that owns a refinery and directly markets the output of a refinery. ``(II) Exclusion.--The term `major fuel distributor' does not include any person that owns less than 50 retail fueling stations. ``(iv) Secretary.--The term `Secretary' means the Secretary of Energy, acting in consultation with the Administrator and the Secretary of Agriculture. ``(B) Regulations.--The Secretary shall promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs or otherwise makes available 1 or more blender pumps that dispense E-85 fuel and ethanol fuel blends (including any other equipment necessary, such as tanks, to ensure that the pumps function properly) for a period of not less than 5 years at not less than the applicable percentage of the majority-owned stations and the branded stations of the major fuel distributor specified in subparagraph (C). ``(C) Applicable percentage.--For the purpose of subparagraph (B), the applicable percentage of the majority-owned stations and the branded stations shall be determined in accordance with the following table: ``Applicable percentage of majority-owned stations and branded stations Calendar year: Percent: 2011............................................... 10 2013............................................... 20 2015............................................... 35 2017 and each calendar year thereafter............. 50. ``(D) Geographic distribution.-- ``(i) In general.--Subject to clause (ii), in promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph installs or otherwise makes available 1 or more blender pumps that dispense E-85 fuel and ethanol fuel blends at not less than a minimum percentage (specified in the regulations) of the majority-owned stations and the branded stations of the major fuel distributors in each State. ``(ii) Requirement.--In specifying the minimum percentage under clause (i), the Secretary shall ensure that each major fuel distributor installs or otherwise makes available 1 or more blender pumps described in that clause in each State in which the major fuel distributor operates. ``(E) Financial responsibility.--In promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph assumes full financial responsibility for the costs of installing or otherwise making available the blender pumps described in that subparagraph and any other equipment necessary (including tanks) to ensure that the pumps function properly. ``(F) Production credits for exceeding blender pumps installation requirement.-- ``(i) Earning and period for applying credits.--If the percentage of the majority- owned stations and the branded stations of a major fuel distributor at which the major fuel distributor installs blender pumps in a particular calendar year exceeds the percentage required under subparagraph (C), the major fuel distributor shall earn credits under this paragraph, which may be applied to any of the 3 consecutive calendar years immediately after the calendar year for which the credits are earned. ``(ii) Trading credits.--Subject to clause (iii), a major fuel distributor that has earned credits under clause (i) may sell the credits to another major fuel distributor to enable the purchaser to meet the requirement under subparagraph (C). ``(iii) Exception.--A major fuel distributor may not use credits purchased under clause (ii) to fulfill the geographic distribution requirement in subparagraph (D).''.
Renewable Fuels for America's Future Act of 2010 - Amends the Internal Revenue Code to: (1) require a reduction in the income and excise tax credits for alcohol used for fuel by the amount of alcohol used to meet the taxpayer's renewable fuel obligation under the Clean Air Act; and (2) extend such credits through 2015. Amends the Harmonized Tariff Schedule of the United States to extend until 2016 the additional tariff on ethyl alcohol blends (ethanol) used as fuel. Requires automobile manufacturers to ensure that at least 50% of 2012 and 2013 model year automobiles and light duty trucks manufactured for sale in the United States are dual fueled. Increases the minimum to 90% for later model years. (Excludes automobiles and light duty trucks that operate only on electricity.) Requires the Secretary of Energy to make grants to eligible facilities to pay the federal share of: (1) installing blender pump fuel infrastructure, including infrastructure necessary for the direct retail sale of ethanol fuel blends (including E-85 fuel) and to directly market such fuels to gas retailers; and (2) providing subgrants to direct retailers of such fuels for the installation of fuel infrastructure for the direct retail sale of such fuels. Amends the Clean Air Act to define: (1) "E-85 fuel" as a blend of gasoline at least 85% derived from ethanol; and (2) "ethanol fuel blend" as a blend of gasoline and ethanol, with a minimum of 0% and maximum of 85% derived from denatured ethanol. Requires the Secretary to promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs one or more blender pumps that dispense E-85 fuel and ethanol fuel blends at specified minimum percentages of such stations for specified years in each state. Allows major fuel distributors to earn and sell credits if they exceed such percentages.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Campaign Practices Commission Act of 1996''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Bipartisan Commission on Campaign Practices'' (referred to in this Act as the ``Commission''). SEC. 3. DUTIES OF THE COMMISSION. The Commission shall study the laws and regulations that affect how campaigns for Federal office are conducted and may make recommendations for change. In studying Federal campaign practices, the Commission shall consider-- (1) whether too much or too little money is spent trying to influence campaigns for Federal office and whether the funds that are spent are sufficiently disclosed; (2) whether the current laws (including regulations) governing campaigns for Federal office encourage or discourage those most qualified to hold office from seeking it; (3) whether the existing system of financing campaigns for Federal office promotes trust and confidence in the political process among the electorate; (4) whether the rules governing access to media ensure that the electorate has the greatest possible opportunity to be informed of candidates' positions on the issues; and (5) such other matters as the Commission considers appropriate. SEC. 4. MEMBERSHIP. (a) Composition.--The Commission shall be composed of 9 members of the private sector, as follows: (1) Two shall be appointed by the Majority Leader of the Senate. (2) Two shall be appointed by the Speaker of the House of Representatives. (3) Two shall be appointed by the President. (4) One shall be appointed by the Minority Leader of the Senate. (5) One shall be appointed by the Minority Leader of the House of Representatives. (6) A chairperson shall be appointed in accordance with subsection (b). (b) Chairperson.-- (1) Selection.--Within 7 days after all the members described in section 3(a) (1) through (5) are appointed, those members shall meet and by majority vote select a chairperson. (2) Failure to make selection.--If, by the date that is 30 days after the date of the meeting described in subsection (b), the office of chairperson is still vacant, all current members of the Commission shall be discharged from further service as members of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Compensation.--Each member of the Commission shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Commission. (e) Quorum.--Six members of the Commission shall constitute a quorum, and any decision of the Commission shall require the affirmative vote of 6 members. (f) Meetings.--The Commission shall meet at the call of the chairperson or at the request of 6 members of the Commission. SEC. 5. STAFF OF COMMISSION; SERVICES. Subject to such rules as may be adopted by the Commission, the chairperson, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classifications and General Schedule pay rates, may appoint such staff personnel as the chairperson considers necessary and procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code. SEC. 6. RECOMMENDATION; FAST TRACK PROCEDURES. (a) Report.--Not later than 30 days after the convening of the 105th Congress, the Commission shall submit to Congress a report describing the study conducted under section 3. (b) Recommendations.--The report under subsection (a) may include any recommendations for changes in the laws (including regulations) governing the conduct of Federal campaigns, including any changes in the rules of the Senate or the House of Representatives, to which 6 or more members of the Commission may agree. (c) Preparation of Bills.--If 7 or more members concur on 1 or more recommendations for changes in the way campaigns for Federal office are conducted, the members agreeing on each such recommendation shall prepare for each a bill that would implement the recommendation, and the implementing bill shall be submitted with the report under subsection (a). (d) Consideration by Congress.--Each implementing bill submitted with the report under subsection (a) shall be given expedited consideration under the same provisions and in the same way as an implementing bill for a trade agreement under section 151 of the Trade Act of 1974 (19 U.S.C. 2191). SEC. 7. TERMINATION. The Commission shall cease to exist 30 days after submission of the report under section 6. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $750,000 to carry out this Act.
Bipartisan Campaign Practices Commission Act of 1996 - Establishes the Bipartisan Commission on Campaign Practices. Directs the Commission to study the laws and regulations that affect how campaigns for Federal office are conducted and make recommendations for change. (Sec. 6) Mandates a report to the Congress not later than 30 days after the convening of the 105th Congress. Directs that if seven or more members concur on one or more recommendations, the agreeing members shall prepare for each a bill that would implement the recommendation and submit the implementing bill with the report. Provides that each implementing bill submitted with the report shall be given expedited consideration in the same way as an implementing bill for a trade agreement under the Trade Act of 1974. (Sec. 8) Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children from Electronic Cigarette Advertising Act of 2015''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) According to the Food and Drug Administration, because electronic cigarettes have not been fully studied, consumers currently do not know-- (A) the potential risks of electronic cigarettes when used as intended; (B) how much nicotine or other potentially harmful chemicals are being inhaled during use; or (C) if there are any benefits associated with using these products. (2) Most electronic cigarettes contain widely varying levels of nicotine, which is a highly addictive drug that impacts the cardiovascular system and can be lethal when delivered in high doses. (3) According to the Surgeon General, adolescents are particularly vulnerable to the adverse effects of nicotine and adolescent exposure to nicotine may have lasting adverse consequences for brain development. (4) Use of electronic cigarettes has risen in youth according to a study by the Centers for Disease Control and Prevention that was released in November 2014, which found that in two years, from 2011 to 2013, the percentage of middle and high school students who had ever used electronic cigarettes tripled. (5) Electronic cigarette use may lead children to become addicted to nicotine and could be a gateway to various tobacco products. (6) Marketing of electronic cigarettes to youth is occurring in the form of advertising using cartoons and sponsorships of events popular with youth such as concerts and sporting events. (7) According to a study published in June 2014 in the journal Pediatrics, youth exposure to television advertisements for electronic cigarettes increased by 256 percent during the 2011 to 2013 period, exposing 24,000,000 children to such advertisements. (b) Sense of Congress.--It is the sense of Congress that the Federal Trade Commission should prohibit the advertising, promoting, and marketing in commerce of electronic cigarettes to children as an unfair or deceptive act or practice, in order to protect the health of the youth of the United States. SEC. 3. PROHIBITION ON MARKETING OF ELECTRONIC CIGARETTES TO CHILDREN. (a) Electronic Cigarette Defined.-- (1) In general.--Except as provided in paragraph (2), in this section, the term ``electronic cigarette'' means any electronic device that delivers nicotine, flavor, or other chemicals via a vaporized solution to the user inhaling from the device, including any component, liquid, part, or accessory of such a device, whether or not sold separately. (2) Exception.--In this section, the term ``electronic cigarette'' shall not include any product that-- (A) has been approved by the Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes; and (B) is marketed and sold solely for a purpose approved as described in subparagraph (A). (b) Prohibition.-- (1) In general.--No person may advertise, promote, or market in commerce in a State described in paragraph (2) an electronic cigarette in a manner that-- (A) the person knows or should know is likely to contribute towards initiating or increasing the use of electronic cigarettes by children who are younger than 18 years of age; or (B) the Federal Trade Commission determines, regardless of when or where the advertising, promotion, or marketing occurs, affects or appeals to children described in subparagraph (A). (2) Covered states.--A State described in this paragraph is a State in which the sale of an electronic cigarette to a child who is younger than 18 years of age is prohibited by a provision of Federal or State law. (c) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive act or practice.--A violation of subsection (b)(1) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunities.--Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Rulemaking.--The Federal Trade Commission shall promulgate standards and rules to carry out this section in accordance with section 553 of title 5, United States Code. (d) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (b)(1) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such subsection by such person; (B) to compel compliance with such subsection; (C) to obtain damages, restitution, or other compensation on behalf of such residents; (D) to obtain such other relief as the court considers appropriate; or (E) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties.-- (A) Calculation.--For purposes of imposing a civil penalty under paragraph (1)(E) with respect to a person who violates subsection (b)(1), the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with subsection (b)(1) by an amount not greater than $16,000. (B) Adjustment for inflation.--Beginning on the date on which the Bureau of Labor Statistics first publishes the Consumer Price Index after the date that is 1 year after the date of the enactment of this Act, and annually thereafter, the amounts specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Federal Trade Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (4) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (b)(1), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (6) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (7) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (e) Construction.--Nothing in this section shall be construed to limit or diminish the authority of the Food and Drug Administration to regulate the marketing of electronic cigarettes, including the marketing of electronic cigarettes to children. (f) Relation to State Law.--This section shall not be construed as superseding, altering, or affecting any provision of law of a State, except to the extent that such provision of law is inconsistent with the provisions of this section, and then only to the extent of the inconsistency.
Protecting Children from Electronic Cigarette Advertising Act of 2015 Prohibits electronic cigarette advertisements that appeal to children younger than 18 years of age in states in which the sale of an electronic cigarette to such children is prohibited by federal or state law. Bars electronic cigarette advertisements, promotions, or marketing in those states in a manner that is: (1) known, or should be known, to contribute toward initiating or increasing the use of electronic cigarettes by children under 18; or (2) determined by the Federal Trade Commission (FTC) to affect or appeal to such children regardless of when or where the advertising, promotion, or marketing occurs. Defines "electronic cigarette" as an electronic device that delivers nicotine, flavor, or other chemicals via a vaporized solution to a user inhaling from the device, including any component, liquid, part, or accessory. Excludes Food and Drug Administration-approved tobacco cessation or therapeutic products from such definition. Sets forth authority for: (1) the FTC to enforce violations as an unfair or deceptive act or practice, and (2) states to bring civil actions on behalf of residents threatened or adversely affected by such a violation. Establishes a civil penalty to be available in state actions that is calculated by multiplying the number of days that a person is not in compliance with such prohibition by an amount up to $16,000, adjusted annually for inflation. Allows the FTC to intervene and appeal in state actions.
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SECTION 1. SMALL QUANTITIES PROTOCOL. (a) Findings.--Congress finds the following: (1) There are 87 countries that are signatories to the Small Quantities Protocol as part of their existing safeguards and inspection agreement with the International Atomic Energy Agency (IAEA). (2) The Small Quantities Protocol was originally intended to conserve limited safeguards resources by foregoing inspections in small countries in stable regions that had little or no nuclear materials and no nuclear facilities. (3) Unfortunately, at a time when terrorism and private nuclear ``black-market'' supplier networks exist and flourish by taking advantage of small countries with lax government regulations and oversight, the Small Quantities Protocol may become a hindrance to the timely detection by the IAEA of illicit nuclear proliferation activities. (4) It has also become clear that some countries, such as Saudi Arabia, are not in secure and stable regions of the world and concerns have been raised about their possible interest in nuclear technology. (5) Saudi Arabia, a signatory to a Small Quantities Protocol as of June 16, 2005, is one of 27 non-nuclear members of the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) (commonly referred to as the ``Nuclear Nonproliferation Treaty'' or the ``NPT'') but is only ``willing to provide'' the IAEA with additional information and access ``if all other parties'' are required to comply. (6) The Small Quantities Protocol allows countries to possess up to the following amounts of nuclear material without having to report such to the IAEA: (A) Ten tons of natural uranium. (B) Twenty tons of depleted uranium, depending on the degree of enrichment. (C) One kilogram of plutonium. (7) Countries party to the Small Quantities Protocol can continue to secretly work on nuclear facilities for up to six months before such facilities are operational. (8) The Small Quantities Protocol therefore makes it difficult for the IAEA to evaluate the nuclear program of a Small Quantities Protocol country or to verify that such a country meets the conditions required to operate under the Small Quantities Protocol. (9) According to an IAEA report circulated to the Member States on the Board of Governors of the IAEA, the Small Quantities Protocol ``has the effect of holding in abeyance the implementation of most of the safeguard's measures'' as well as limiting ``obligations to provide certain information'' and the ``right to request access to relevant locations''. (10) The Additional Protocol to the Safeguards Agreements between the IAEA and Member States of the IAEA empowers the IAEA to seek a broad range of information about all aspects of a country's nuclear and nuclear-related activities. The Additional Protocol also provides broader right of access for IAEA inspectors to nuclear and nuclear-related facilities and contains measures to improve the effectiveness of safeguards for such activities. (11) The Additional Protocol is therefore an important means of addressing some of the concerns outlined above, particularly concerning rights of access to certain information. (b) Statement of Congress.--Congress declares that, in light of the findings described in subsection (a), the United States should use all diplomatic, political, and economic means necessary to persuade all countries currently with a Small Quantities Protocol to renounce their Small Quantities Protocol and to sign, ratify, and implement the Additional Protocol at the earliest possible date. (c) United States Policy.-- (1) Requirements.-- (A) In general.--The President shall use all available political, economic, and diplomatic tools to ensure that each United States ally or recipient of United States assistance that has signed a Small Quantities Protocol with the IAEA, also signs, ratifies, and implements the Additional Protocol and provides immediate access for IAEA inspectors to its nuclear-related facilities. (B) Definition.--In this paragraph, the term ``United States assistance'' means assistance under any provision of law with respect to which amounts are appropriated under the foreign operations, export financing, and related programs appropriations Act for a fiscal year. (2) Limitation on assistance.--If a country has signed a Small Quantities Protocol with the IAEA but does not satisfy the requirements specified in paragraph (1), the President shall prohibit the provision or transfer of each of the following to the country: (A) Assistance under part II of the Foreign Assistance Act (22 U.S.C. 2301 et seq.), other than assistance under chapter 6 of part II of such Act (22 U.S.C. 2348 et seq.). (B) Assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763). (C) Defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including defense articles and defense services licensed or approved for export under section 38 of that Act (22 U.S.C. 2778). (D) Dual use goods or technology. In this subparagraph, the term ``dual use goods or technology'' means goods or technology that are specifically designed or developed for civil purposes but which also may be used or deployed in a military or proliferation mode. Such term does not include purely commercial items. (3) Waiver.--The President may waive the limitation on assistance to a country described in paragraph (2) for not more than one fiscal year if, at least 30 days before such waiver is to take effect, the President certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that-- (A) such waiver is vital to the national security of the United States; and (B) such country has undertaken substantial measures to comply with the requirements of paragraph (1). (d) Actions at IAEA.--The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure that the IAEA changes the policy regarding the Small Quantities Protocol in order to-- (1) rescind and eliminate the Small Quantities Protocol; (2) require that any IAEA Member State that has previously signed a Small Quantities Protocol to sign, ratify, and implement the Additional Protocol, provide immediate access for IAEA inspectors to its nuclear-related facilities, and agree to the strongest inspections regime of its nuclear efforts; and (3) require that any IAEA Member State that does not comply with paragraph (2) to be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State and subject to the penalties described in subsection (e). (e) Penalties.-- (1) In general.--The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations has its privileges suspended, including-- (A) limiting its ability to vote on its case; (B) being prevented from receiving any technical assistance; and (C) being prevented from hosting meetings. (2) Termination of penalties.--The penalties specified under paragraph (1) shall be terminated when such investigation is concluded and such Member State is no longer in such breach or noncompliance. (f) Report.--Not later than 90 days after the date of the enactment of this Act and every 180 days thereafter, the President shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report that includes the following information: (1) A description of progress made towards achieving the requirements described in subsection (c) and the policy changes described in subsection (d). (2) A description of any penalties under subsection (e) that have been imposed and a list of those countries that have been subject to such penalties. (3) A list of countries that have a Small Quantities Protocol with the IAEA, including-- (A) their level of cooperation with safeguards inspections of their nuclear facilities; (B) whether they have signed, ratified, and implemented the Additional Protocol; (C) the type and amount of assistance received from the IAEA; and (D) the type and amount of assistance received from each IAEA Member State. (4) A description of United States strategy to ensure compliance by United States allies and recipients of United States assistance with the requirements described in subsection (c) and the policy changes described in subsection (d).
Directs the President to use all available political, economic, and diplomatic tools to ensure that each U.S. ally or recipient of certain U.S. assistance that has signed a Small Quantities Protocol with the International Atomic Energy Agency (IAEA) also signs and implements the Additional Protocol and provides immediate access for IAEA inspectors to its nuclear-related facilities. Prohibits certain defense and dual use assistance to a country that has signed a Small Quantities Protocol but does not satisfy such implementation and inspection requirements. Authorizes the President to waive such prohibitions for up to one fiscal year for reasons of national security. Directs the President to require the U.S. Permanent Representative to the IAEA to use U.S. influence to change IAEA policy regarding the Small Quantities Protocol in order to: (1) eliminate the Small Quantities Protocol; (2) require that any IAEA member state that has signed a Small Quantities Protocol sign and implement the Additional Protocol, and provide IAEA inspectors with access to its nuclear-related facilities; and (3) require that any IAEA member state that does not comply with such implementation and inspection requirements be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA member state, and be subject to penalties as provided for by this Act.
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SECTION. 1. WORK INCENTIVES. (a) Medicaid Benefits Continued for 36 Months for Families Becoming Ineligible for AFDC Due to Excessive Income.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting ``; and''; and (3) by inserting after paragraph (45) the following: ``(46) if a family becomes ineligible for aid under the State plan under this part due to excessive income, the family shall remain eligible for medical assistance under the State plan under title XIX for the 36-month period beginning with most recent month in which the family becomes so ineligible.''. (b) Increase in Resource Limit.--Section 402(a)(7)(B) of such Act (42 U.S.C. 602(a)(7)(B)) is amended by striking ``$1,000 or such lower amount as the State may determine'' and inserting ``$10,000''. (c) Encouragement of Microenterprises.-- (1) State plan requirement.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)), as amended by subsection (a) of this section, is amended-- (A) by striking ``and'' at the end of paragraph (45); (B) by striking the period at the end of paragraph (46) and inserting ``; and''; and (C) by inserting after paragraph (46) the following: ``(47) must ensure that caseworkers are able to properly advise recipients of aid under the State plan of the option of microenterprise as a legitimate route towards self-sufficiency, and that caseworkers encourage recipients of such aid who are interested in starting a microenterprise to participate in a program designed to assist them in such effort.''. (2) Definitions.--Section 406 of such Act (42 U.S.C. 606) is amended by adding at the end the following: ``(i)(1) The term `microenterprise' means a commercial enterprise which has 5 or fewer employees, 1 or more of whom owns the enterprise. ``(2) The term `net profits' means, with respect to a microenterprise, the gross receipts of the business, minus-- ``(A) amounts paid as principal or interest on a loan to the microenterprise; ``(B) transportation expenses; ``(C) inventory costs; ``(D) amounts expended to purchase capital equipment; ``(E) cash retained by the microenterprise for future use by the business; ``(F) taxes paid by reason of the business; ``(G) if the business is covered under a policy of insurance against loss-- ``(i) the premiums paid for such insurance; and ``(ii) the losses incurred by the business that are not reimbursed by the insurer solely by reason of the existence of a deductible with respect to the insurance policy; ``(H) the reasonable costs of obtaining 1 motor vehicle necessary for the conduct of the business; and ``(I) the other expenses of the business.''. (3) Inclusion of microenterprise training and activities in the jobs program.-- (A) In general.--Section 482(d)(1) of such Act (42 U.S.C. 682(d)(1)) is amended adding at the end the following: ``(C) The services and activities referred to in subparagraph (A)-- ``(i) in the case that at least 3 percent of the adult recipients of aid under the State plan approved under part A (as of the close of the immediately preceding fiscal year) elect to participate in microenterprise activities, shall include programs described in paragraph (4); or ``(ii) in the case that not more than 3 percent of the adult recipients of such aid elect to participate in microenterprise activities, may include programs described in paragraph (4).''. (B) Microenterprise programs.--Section 482(d) of such Act (42 U.S.C. 682(d)) is amended by adding at the end the following: ``(4) The programs described in this paragraph are programs of public and private organizations, agencies, and other entities (including nonprofit and for-profit entities) to enable such entities to facilitate economic development by-- ``(A) providing technical assistance, advice, and business support services (including assistance, advice, and support relating to business planning, financing, marketing, and other microenterprise development activities) to owners of microenterprises and persons developing microenterprises; and ``(B) providing general support (such as peer support and self-esteem programs) to owners of microenterprises and persons developing microenterprises.''. (4) Adjustment of performance standards for microenterprises to take account of time required for their establishment.--Section 487(a)(2) of such Act (42 U.S.C. 687(a)(2)) is amended by inserting ``shall be adjusted with respect to microenterprises to reflect the time required to establish, and develop a stable income from, such an enterprise as part of a plan to move toward economic self-sufficiency,'' after ``dependency,''. (5) Study to identify administrative barriers to development of microenterprises among interested afdc recipients.--The Secretary of Health and Human Services shall conduct a study to identify the administrative and bureaucratic barriers that impede the development of microenterprises by recipients of aid to families with dependent children under the State plans approved under part A of title IV of the Social Security Act who desire to move toward self-sufficiency, and, not later than 1 year after the date of the enactment of this section, shall report the results of the study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (d) Earned Income Disregard.-- (1) In general.--Section 402(a)(8) of such Act (42 U.S.C. 602(a)(8)) is amended-- (A) in subparagraph (A)(iv)-- (i) by inserting ``for each of the first 36 months beginning on or after the effective date of this clause for which such aid is so received,'' after ``determination,''; and (ii) by striking all that follows ``plus'' and inserting ``(II) for the first 12 months of such 36-month period, 60 percent of the remainder thereof, for the second 12 months of such 36-month period, 50 percent of the remainder thereof, and for the third 12 months of such 36-month period, 40 percent of the remainder thereof;''; and (B) in subparagraph (B), by striking clause (ii). (2) Conforming amendments.-- (A) Section 402(a)(37) of such Act (42 U.S.C. 602(a)(37)) is amended by striking ``paragraph (8)(B)(ii)(II)'' and inserting ``the inapplicability of paragraph (8)(A)(iv)''. (B) Section 402(g)(1)(A)(ii) of such Act (42 U.S.C. 602(g)(1)(a)(II)) is amended by striking ``subsection (a)(8)(B)(ii)(II)'' and inserting ``the inapplicability of subsection (a)(8)(A)(iv)''. (C) Section 482(e)(2)(G)(ii) of such Act (42 U.S.C. 682(e)(2)(G)(ii)) is amended by striking ``the provisions of subparagraph (A)(iv)'' and all that follows and inserting ``section 402(a)(8)(A)(iv) without regard to the time limitation of such section''. (D) Section 1925(a)(1) of such Act (42 U.S.C. 1396r-6(a)(1)) is amended by striking ``section 402(a)(8)(B)(ii)(II)'' and inserting ``the inapplicability of section 402(a)(8)(A)(iv)''. SEC. 2. EDUCATION. (a) AFDC Suspended for so Long as Dependent Child is not Regularly Attending Required School.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by inserting after paragraph (28) the following: ``(29) provide that payments of aid that would otherwise be payable under the plan to the family in respect of a child required by State law to attend school shall be suspended for so long as the child is not enrolled in, and in regular attendance at, a school;''. (b) AFDC Reduced for High School Dropouts.--Section 402(a) of such Act (42 U.S.C. 602(a)) is amended by inserting after paragraph (34) the following: ``(35) provide that the amount of aid that would otherwise be payable under the plan to a family in which the relative claiming such aid has not completed high school or been awarded a certificate of high school equivalency, shall be reduced by $50 for so long as the relative is not enrolled in, and in regular attendance at, a school;''. (c) Child Care Guaranteed to Parents While Completing High School or the Equivalent.--Section 402(g)(1)(A)(i) of such Act (42 U.S.C. 602(g)(1)(A)(i)) is amended-- (1) by striking ``and'' at the end of subclause (I); (2) by striking the period at the end of subclause (II) and inserting ``; and''; and (3) by adding at the end the following: ``(III) for each recipient of aid under the State plan under this part who has not completed high school or been awarded a certificate of high school equivalency, and who has a dependent child requiring such care, but only for such months or parts thereof during which the recipient is enrolled in, and in regular attendance at, a school.''. SEC. 3. FAMILY UNITY AND PATERNAL RESPONSIBILITY. (a) Authority To Collect Overdue Child Support Through Levy by Internal Revenue Service on Wages.-- (1) In general.--Subchapter D of chapter 64 of the Internal Revenue Code of 1986 (relating to seizure of property for collection of taxes) is amended by redesignating section 6344 as section 6345 and by inserting after section 6343 the following new section: ``SEC. 6344. COLLECTION OF OVERDUE CHILD SUPPORT THROUGH LEVY ON WAGES. ``(a) In General.--If the Secretary is notified by a State under section 464 of the Social Security Act that any person owes overdue support (as defined in section 466(e) of such Act) the payment of which is at least 2 months delinquent-- ``(1) the amount of such overdue support shall be treated as unpaid tax for purposes of permitting the Secretary (subject to section 6334(a)(9)) to levy upon the wages and salary payable to or received by such person to collect such amount, and ``(2) the collection of such amount shall be treated as in jeopardy. ``(b) Remittance to State.--The Secretary shall remit any amount collected under subsection (a) to the State collecting such support. ``(c) Limitation on Review.--No court of the United States shall have jurisdiction to hear any action, whether legal or equitable, brought to restrain or review a levy (and any collection thereunder) authorized by subsection (a). No such levy (or collection) shall be subject to review by the Secretary in an administrative proceeding. No action brought against the United States to recover the amount of any such collection shall be considered to be a suit for refund of tax. This subsection does not preclude any legal, equitable, or administrative action against the Department of Health and Human Services.'' (2) Clerical amendment.--The table of sections for such subchapter D is amended by striking the last item and inserting the following new items: ``Sec. 6344. Collection of overdue child support through levy on wages. ``Sec. 6345. Cross references.'' (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) AFDC Available for Certain Families That Include Married Couples.--Part A of title IV of the Social Security Act (42 U.S.C. 601- 617) is amended by inserting after section 410 the following: ``SEC. 411. BENEFITS AVAILABLE FOR NEEDY FAMILIES WITH DEPENDENT CHILDREN WHOSE PARENTS ARE IN SCHOOL OR IN THE JOBS PROGRAM. ``(a) Notwithstanding section 406(a), the term `dependent child' includes a needy child-- ``(1) who meets the requirements of section 406(a)(2); ``(2) who is living with both parents of the child in a place of residence maintained as their home; and ``(3) both of whose parents are-- ``(A) enrolled in, and in regular attendance at, a school; or ``(B) participating in the program of the State under section 402(a)(19) and part F. ``(b) Notwithstanding section 402(a)(7)(A), in determining need with respect to a child who meets the requirements of subsection (a) of this section, the income of the parent whose income is less than the income of the other parent shall be disregarded.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect at the end of the calendar month in which this Act is enacted, and shall apply to payments under part A of title IV of the Social Security Act for calendar quarters ending with or after such calendar month.
Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to: (1) provide for continuation of Medicaid (SSA title XIX) benefits for 36 months for families who become ineligible for AFDC due to excessive income; (2) increase the limit on resources used in determining a family's eligibility for AFDC; (3) require that the State ensure that caseworkers are able to properly advise AFDC recipients of the use of microenterprises to attain self-sufficiency and encourage interested recipients to participate in a program designed to assist them in starting one; (4) provide for the inclusion of microenterprise training and activities in the JOBS program; (5) require that performance standards be adjusted to reflect the time required to establish microenterprises; (6) revise provisions concerning the earned income of children disregarded in determining the family's need for AFDC; (7) provide for suspension of AFDC where a child of a family on AFDC is not regularly attending required school; (8) reduce AFDC in cases where the family member claiming it is a high school dropout; (9) require States to guarantee child care to parents who are high school drop-outs during the period they are completing high school or the equivalent; and (10) make AFDC available to certain families with dependent children whose parents attend school or participate in the JOBS program. Requires the Secretary of Health and Human Services to identify administrative barriers to microenterprise development by AFDC recipients. Amends the Internal Revenue Code to provide for the collection of overdue child support through a levy on the wages of the individual owing it.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fremont-Madison Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the Fremont- Madison Irrigation District, an irrigation district organized under the law of the State of Idaho. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF FACILITIES. (a) Conveyance Requirement.--The Secretary of the Interior shall convey to the Fremont-Madison Irrigation District, Idaho, pursuant to the terms of the memorandum of agreement (MOA) between the District and the Secretary (Contract No. 1425-0901-09MA-0910-093310), all right, title, and interest of the United States in and to the canals, laterals, drains, and other components of the water distribution and drainage system that is operated or maintained by the District for delivery of water to and drainage of water from lands within the boundaries of the District as they exist upon the date of enactment of this Act, consistent with section 8. (b) Report.--If the Secretary has not completed any conveyance required under this Act by September 13, 2004, the Secretary shall, by no later than that date, submit a report to the Congress explaining the reasons that conveyance has not been completed and stating the date by which the conveyance will be completed. SEC. 4. COSTS. (a) In General.--The Secretary shall require, as a condition of the conveyance under section 3, that the District pay the administrative costs of the conveyance and related activities, including the costs of any review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as described in Contract No. 1425-0901-09MA- 0910-093310. (b) Value of Facilities To Be Transferred.--In addition to subsection (a) the Secretary shall also require, as a condition of the conveyance under section 2, that the District pay to the United States the lesser of the net present value of the remaining obligations owed by the District to the United States with respect to the facilities conveyed, or $280,000. Amounts received by the United States under this subsection shall be deposited into the Reclamation Fund. SEC. 5. TETON EXCHANGE WELLS. (a) Contracts and Permit.--In conveying the Teton Exchange Wells pursuant to section 3, the Secretary shall also convey to the District-- (1) Idaho Department of Water Resources permit number 22- 7022, including drilled wells under the permit, as described in Contract No. 1425-0901-09MA-0910-093310; and (2) all equipment appurtenant to such wells. (b) Extension of Water Service Contract.--The water service contract between the Secretary and the District (Contract No. 7-0907- 0910-09W0179, dated September 16, 1977) is hereby extended and shall continue in full force and effect until all conditions described in this Act are fulfilled. SEC. 6. ENVIRONMENTAL REVIEW Prior to conveyance the Secretary shall complete all environmental reviews and analyses as set forth in the Memorandum of Agreement referenced in section 3(a). SEC. 7. LIABILITY. Effective on the date of the conveyance the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed facilities, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors prior to the date of conveyance. Nothing in this section may increase the liability of the United States beyond that currently provided in chapter 171 of title 28, United States Code. SEC. 8. WATER SUPPLY TO DISTRICT LANDS. The acreage within the District eligible to receive water from the Minidoka Project and the Teton Basin Projects is increased to reflect the number of acres within the District as of the date of enactment of this Act, including lands annexed into the District prior to enactment of this Act as contemplated by the Teton Basin Project. The increase in acreage does not alter deliveries authorized under the District's existing water storage contracts and as allowed by State water law. SEC. 9. DROUGHT MANAGEMENT PLANNING. Within 60 days of enactment of this Act, in collaboration with stakeholders in the Henry's Fork watershed, the Secretary shall initiate a drought management planning process to address all water uses, including irrigation and the wild trout fishery, in the Henry's Fork watershed. Within 18 months of enactment of this Act, the Secretary shall submit a report to Congress, which shall include a final drought management plan. SEC. 10. EFFECT. (a) In General.--Except as provided in this Act, nothing in this Act affects-- (1) the rights of any person; or (2) any right in existence on the date of enactment of this Act of the Shoshone-Bannock Tribes of the Fort Hall Reservation to water based on a treaty, compact, executive order, agreement, the decision in Winters v. United States, 207 U.S. 564 (1908) (commonly known as the ``Winters Doctrine''), or law. (b) Conveyances.--Any conveyance under this Act shall not affect or abrogate any provision of any contract executed by the United States or State law regarding any irrigation district's right to use water developed in the facilities conveyed.
Fremont-Madison Conveyance Act - Directs the Secretary of the Interior to: (1) convey to the Fremont-Madison Irrigation District in Idaho, pursuant to a specified Memorandum of Agreement (MOA) between the District and the Secretary, the canals, lateral, drains, and other components of the water distribution and drainage system operated or maintained by the District; and (2) condition such conveyance on the District paying the administrative costs of the conveyance and related activities and the lesser of the net present value of the remaining obligations owed to the United States for the facilities conveyed or $280,000.Requires the Secretary, in conveying the Teton Exchange Wells, to also convey to the District Idaho Department of Water Resources permit number 22-7022, including drilled wells under such permit and all appurtenant equipment.Extends a specified water service contract between the Secretary and the District until all conditions described in this Act are fulfilled.Requires the Secretary, prior to conveyance, to complete all environmental reviews and analyses as set forth in the MOA.Increases the acreage within the District eligible to receive water from the Minidoka and Teton Basin Projects to reflect the number of acres within the District.Requires the Secretary: (1) in collaboration with stakeholders in the Henry's Fork watershed, to initiate a drought management planning process to address all water uses in the watershed; and (2) report a final plan to Congress.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury-Free Vaccines Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) In July 1999, the Public Health Service and the American Academy of Pediatrics issued a joint statement, which was later endorsed by the American Academy of Family Physicians, proclaiming: ``[The] Public Health Service, the American Academy of Pediatrics, and vaccine manufacturers agree that thimerosal-containing vaccines should be removed as soon as possible. Similar conclusions were reached this year in a meeting attended by European regulatory agencies, the European vaccine manufacturers, and the US FDA which examined the use of thimerosal-containing vaccines produced or sold in European countries.''. (2) In July 2000, the Public Health Service, the Advisory Commission on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians issued a joint statement, providing: ``The AAFP, [the] AAP, and the PHS in consultation with the ACIP reaffirm the goal set in July 1999 to remove or greatly reduce thimerosal from vaccines as soon as possible for the following reasons: 1) the removal or substantial reduction of thimerosal from vaccines is feasible, 2) the progress in removal which has been made to date is substantial, 3) the discussions between the Food and Drug Administration and the vaccine manufacturers in removing thimerosal are ongoing, and 4) the public concern about the use of mercury of any sort remains high. Based on information from the FDA and manufacturers, the PHS projects that the United States will complete its transition to a secure routine pediatric vaccine supply free of thimerosal as a preservative (i.e. at least two vaccine products each for Hep B, Hib, and DTaP) by the first quarter of 2001.''. (3) The Institute of Medicine's Immunization Review Committee concluded that significant reasons existed for continued public health attention to concerns about thimerosal exposure and neurodevelopmental disorders and recommended the removal of thimerosal from vaccines administered to children and pregnant women. (4) Federal regulatory agencies and manufacturers have taken positive steps to remove thimerosal from some medical products, most notably routinely administered childhood vaccines. (5) Considerable progress has been made in reducing mercury exposures from childhood vaccines, yet 5 years after the July 1999 statement, thimerosal remains in several nonroutinely administered childhood vaccines. (6) There is no law or regulation to prohibit the reintroduction of thimerosal into any products from which it has been removed, leaving open the possibility that it may be reintroduced at some point in the future. (7) The Environmental Protection Agency has estimated that as many as 1 in 6 infants are born with a blood mercury level that exceeds the Agency's safety threshold. (8) Cumulative exposures to mercury, a neurotoxin, are known to cause harm, particularly in young children and pregnant women. (9) Taking steps to reduce mercury exposures through vaccines is an important way to reduce direct exposures to mercury and mercury compounds. SEC. 3. BANNED MERCURY-CONTAINING VACCINES. (a) Prohibition.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by adding at the end the following: ``(h) If it is a banned mercury-containing vaccine under section 351B of the Public Health Service Act.''. (b) Amendment to PHSA.--Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 351A the following: ``SEC. 351B. BANNED MERCURY-CONTAINING VACCINES. ``(a) In General.--For purposes of section 501(h) of the Federal Food, Drug, and Cosmetic Act, and subject to subsection (b), a vaccine is a banned mercury-containing vaccine under this section if-- ``(1) 1 dose of the vaccine contains 1 or more micrograms of mercury in any form; or ``(2) the vaccine contains any quantity of thimerosal and is listed in the current version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. ``(b) Public Health Emergency Exception.-- ``(1) Exception.--Subsection (h) of section 501 of the Federal Food, Drug, and Cosmetic Act shall not apply to a vaccine during the effective period of a declaration issued by the Secretary for such vaccine under this section. ``(2) Declaration.--The Secretary may issue a declaration concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a vaccine described in subsection (a) notwithstanding the mercury or thimerosal content of such vaccine. ``(3) Limitation.--The Secretary-- ``(A) shall specify in any declaration under this section the beginning and ending dates of the effective period of the declaration; and ``(B) may not specify any such effective period that exceeds 12 months. ``(4) Renewals.--At the end of the effective period of any declaration under this section, the Secretary, subject to paragraph (3), may issue another declaration for the same incident or public health emergency. ``(5) Publication.--The Secretary shall promptly publish each declaration under this section in the Federal Register. ``(c) Effective Dates.-- ``(1) Mercury-containing vaccines.--In the case of a vaccine described in subsection (a)(1), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after the following: ``(A) July 1, 2004, if the vaccine is an influenza vaccine. ``(B) January 1, 2005, if the vaccine (other than an influenza vaccine) is listed in the January-June 2004 version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention. ``(C) January 1, 2006, in the case of any vaccine not described in subparagraph (A) or (B). ``(2) Thimerosal-containing vaccines.--In the case of a vaccine that is not described in subsection (a)(1), but is described in subsection (a)(2), the amendments made by this section apply only to vaccines introduced, or delivered for introduction, into interstate commerce on or after January 1, 2007.''. SEC. 4. INFORMATION ON THIMEROSAL CONTENT. Section 2126 of the Public Health Service Act (42 U.S.C. 300aa-26) is amended by adding at the end the following: ``(e) Thimerosal Content.--Not later than 2 months after the date of the enactment of this subsection, the Secretary shall revise the vaccine information materials developed and disseminated under this section to ensure that, in the case of any vaccine described in subsection (a) that contains thimerosal, the materials include-- ``(1) a statement indicating the presence of thimerosal in the vaccine; ``(2) information on the availability of any thimerosal- free or thimerosal-reduced alternative vaccine and instructions on how to obtain such alternative vaccine; and ``(3) a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman.''. SEC. 5. SENSE OF CONGRESS. It is the sense of the Congress that the Director of the Centers for Disease Control and Prevention should include, in any information disseminated by the Centers to the public or to health care providers relating to the administration of vaccines, a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman. SEC. 6. REPORT TO CONGRESS. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commissioner of Food and Drugs shall submit a report to the Congress annually on the progress of the Commissioner in removing mercury from vaccines.
Mercury-Free Vaccines Act of 2004 - Amends the Federal Food, Drug, and Cosmetic Act to deem a banned mercury-containing vaccine to be adulterated. Amends the Public Health Service Act to deem a vaccine to be a banned mercury-containing vaccine if: (1) one dose of the vaccine contains 1 or more micrograms of mercury in any form; or (2) the vaccine contains any thimerosal and is listed in the current version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention (CDC). Allows the Secretary of Health and Human Services to declare that an actual or potential bioterrorist incident or other public health emergency makes the administration of such vaccines advisable for a specified period. Specifies different effective dates of the provisions of this Act for particular vaccines. Requires the Secretary to revise the vaccine information included with thimerosal-containing vaccines to include: (1) a statement that indicates the presence of thimerosal in the vaccine; (2) information on the availability of any thimerosal-free or thimerosal-reduced alternative vaccine and instructions on how to obtain such an alternative vaccine; and (3) a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman. Expresses the sense of Congress that the CDC should disseminate, with any vaccine-related information, a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Education Tuition Support Act of 2009'' or the ``VETS Act of 2009''. SEC. 2. TUITION RELIEF FOR POSTSECONDARY STUDENTS CALLED TO MILITARY SERVICE. (a) In General.--Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1091b(b)(2)) is amended by adding at the end the following: ``(F) Tuition relief for students called to military service.-- ``(i) Tuition relief.-- ``(I) In general.--Subject to subclause (II), whenever a student's withdrawal from an institution of higher education is necessitated by reason of service in the uniformed services, the institution shall refund to such student the tuition and fees paid by, or on behalf of, such student for the payment period or period of enrollment for which such student did not receive academic credit as a result of such withdrawal. ``(II) Exception.--Subclause (I) shall not apply to the tuition or fees paid on behalf of the student-- ``(aa) from scholarships awarded to the student by the institution of higher education; or ``(bb) through funds awarded under this title. ``(ii) Waiver of repayment by students called to military service.--In addition to the waivers authorized by subparagraphs (D) and (E), the Secretary shall waive the amounts that students are required to return under this section if the withdrawals on which the returns are based are withdrawals necessitated by reason of service in the uniformed services. ``(iii) Loan forgiveness authorized.-- Whenever a student's withdrawal from an institution of higher education is necessitated by reason of service in the uniformed services, the Secretary shall, with respect to the payment period or period of enrollment for which such student did not receive academic credit as a result of such withdrawal, carry out a program-- ``(I) through the holder of the loan, to assume the obligation to repay-- ``(aa) the outstanding principle and accrued interest on any loan assistance awarded to the student under part B (including to a parent on behalf of the student under section 428B) for such payment period or period of enrollment; minus ``(bb) any amount of such loan assistance returned by the institution in accordance with paragraph (1) of this subsection for such payment period or period of enrollment; and ``(II) to cancel-- ``(aa) the outstanding principle and accrued interest on the loan assistance awarded to the student under part D or E (including a Federal Direct PLUS loan awarded to a parent on behalf of the student) for such payment period or period of enrollment; minus ``(bb) any amount of such loan assistance returned by the institution in accordance with paragraph (1) of this subsection for such payment period or period of enrollment. ``(iv) Reimbursement for cancellation of perkins loans.--The Secretary shall pay to each institution for each fiscal year an amount equal to the aggregate of the amounts of Federal Perkins loans in such institution's student loan fund that are cancelled pursuant to clause (iii)(II) for such fiscal year, minus an amount equal to the aggregate of the amounts of any such loans so canceled which were made from Federal capital contributions to its student loan fund provided by the Secretary under section 468. None of the funds appropriated pursuant to section 461(b) shall be available for payments pursuant to this paragraph. To the extent feasible, the Secretary shall pay the amounts for which any institution qualifies under this paragraph not later than 3 months after the institution files an institutional application for campus-based funds. ``(v) Loan eligibility and limits for students.--Any amounts that are returned by an institution in accordance with paragraph (1), or forgiven or waived by the Secretary under this subparagraph, with respect to a payment period or period of enrollment for which a student did not receive academic credit as a result of withdrawal necessitated by reason of service in the uniformed services, shall not be included in the calculation of the student's annual or aggregate loan limits for assistance under this title, or otherwise affect the student's eligibility for grants or loans under this title. ``(vi) Definition.--In this subparagraph, the term `service in the uniformed services' has the meaning given such term in section 484C(a).''. (b) Effective Date.-- (1) In general.--The amendments made by this Act shall take effect for periods of service in the uniformed services beginning after the date of enactment of this Act. (2) Definition.--In this subsection, the term ``period of service in the uniformed services'' means the period beginning 30 days prior to the date a student is required to report to service in the uniformed services (as defined in section 484C(a) of the Higher Education Act of 1965 (20 U.S.C. 1091c(a))) and ending when such student returns from such service.
Veterans Education Tuition Support Act of 2009 or the VETS Act of 2009 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education to refund to students the tuition and fees paid for education they will not receive due to their withdrawal from school to serve in the Armed Forces. Waives the application of any requirement that students return title IV funds upon withdrawing from school to students whose withdrawal is necessitated by service in the Armed Forces. Provides loan forgiveness under the Federal Family Education Loan, Direct Loan, and Perkins Loan programs to students whose withdrawal from school is necessitated by service in the Armed Forces.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Claims Backlog Reduction Act of 2008''. SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 3. ASSISTANCE IN PROVIDING NOTICE AND ASSISTANCE TO CLAIMANTS REQUIRED AS A CONDITION OF RECOGNITION AS AGENT OR ATTORNEY. (a) Assistance.--Chapter 59 is amended-- (1) in section 5902(b)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) unless such individual has certified to the Secretary that the individual will assist the Secretary in complying with the Secretary's obligations under sections 5103(a) and 5103A of this title.''; and (2) in section 5903(a)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) such individual has certified to the Secretary that the individual will assist the Secretary in complying with the Secretary's obligations under sections 5103(a) and 5103A of this title.''. (b) Training for Recognized Representatives of Organizations.-- Section 5902 is amended by adding at the end the following new subsection: ``(e) The Secretary shall establish a training program to provide training to individuals recognized under this section. Training provided pursuant to this subsection shall include a certification.''. (c) Treatment of Certain Claims.-- (1) In general.--Subchapter I of chapter 51 is amended by adding at the end the following new section: ``Sec. 5109C. Treatment of certain claims ``(a) Treatment of Fully Developed Claims.--In the case of a claim submitted to the Secretary that is certified as fully developed by the veteran submitting the claim and by a representative of an organization recognized under section 5902 of this title who is a graduate of the training academy established under subsection (e) of that section, the Secretary shall consider the claim to be fully developed and shall evaluate the claim based on the evidence provided. ``(b) Presumption Rebuttable.--Where there is affirmative evidence that a claim certified as fully developed under subsection (a) is not fully developed, the Secretary may take such actions with respect to such claim as the Secretary determines are necessary to fully develop the claim.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter I the following new item: ``5109C. Treatment of certain claims.''. SEC. 4. QUALITY CONTROL ASSESSMENT FOR REGIONAL OFFICES OF VETERANS BENEFITS ADMINISTRATION. (a) Establishment of System.--Chapter 7 is amended by adding at the end the following new section: ``Sec. 713. Veterans Benefits Administration quality control assessment ``(a) Assessment Required.--At least once each fiscal year the Secretary shall conduct a quality control assessment of one percent of the ratings specialists and veterans service representatives employed by the Veterans Benefits Administration. In conducting each such assessment, the Secretary shall study a statistically valid sample of the employee's work and review the quality of that work. ``(b) Annual Report.--Not later than 90 days after the last day of a fiscal year, the Secretary shall submit to Congress a report on the assessments conducted under this section during that fiscal year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``713. Veterans Benefits Administration quality control assessment.''. SEC. 5. ELECTRONIC PROCESSING OF CLAIMS FOR BENEFITS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS. (a) Electronic Processing of Claims.--Subtitle I of chapter 51, as amended by section 251(c), is further amended by adding at the end the following new section: ``Sec. 5109D. Electronic processing of claims ``(a) System Required.--The Secretary shall carry out a two-year pilot program under which the Secretary shall develop and maintain a system for processing claims for disability compensation under this title using rules-based technology. Such system shall use medical and military service data to generate recommendations with respect to disability ratings. ``(b) Quarterly Reports.--For the period during which the Secretary carries out the pilot program under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives quarterly reports on the pilot program.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter, as so amended, is further amended by adding at the end the following new item: ``5109D. Electronic processing of claims.''. SEC. 6. TREATMENT OF BENEFICIARY OF VETERAN'S ACCRUED BENEFITS AS CLAIMANT FOR PURPOSES OF INCOMPLETE CLAIMS AS OF DEATH OF VETERAN. (a) In General.--Section 5102 is amended by added at the end the following new subsection: ``(d) Treatment of Beneficiaries as Claimants on Death of Veterans.--If a veteran who is a claimant dies before completing the submission of a claim for any benefit under a law administered by the Secretary, the person who would receive any accrued benefits due to the veteran under section 5121(a)(2) of this title shall be treated as the claimant for the purposes of completing the submission of the claim, except that such person may only submit new evidence in support of the claim during the 60-day period beginning on the death of the veteran.''. (b) Effective Date.--Subsection (d) of section 5102 of title 38, United States Code, shall apply with respect to the claim of any veteran who dies on or after the date of the enactment of this Act. SEC. 7. EVALUATION OF TRAINING AND ASSESSMENT PROGRAMS FOR EMPLOYEES OF VETERANS BENEFITS ADMINISTRATION. (a) Evaluation Required.--The Secretary of Veterans Affairs shall enter into a contract with a private entity with experience evaluating quality assurance and benefits programs under which that entity shall-- (1) conduct an evaluation of the items required to be included in the annual report of the Secretary under section 7734 of title 38, United States Code, that were included in the last such report submitted before the date of the enactment of this Act, that relate to the training and performance assessment programs of the Department of Veterans Affairs for employees of the Veterans Benefits Administration who are responsible for matters relating to compensation or pension benefits under the laws administered by the Secretary; and (2) not later than 180 days after the date of the enactment of this Act, submit to the Secretary the results of such evaluation. (b) Submission of Results to Congress.--The Secretary shall include the results of the evaluation required under subsection (a) with the first annual report required to be submitted to Congress under section 529 of title 38, United States Code, submitted after the date on which the Secretary receives such results. (c) Report.--Not later than 180 days after the date on which the Secretary submits the report referred to in subsection (b), the Secretary shall submit to Congress a report on any actions the Secretary has taken or plans to take in response to the results of the evaluation required under subsection (a). SEC. 8. ELECTRONIC MONITORING OF CLAIM STATUS. (a) Mechanism for Electronic Monitoring Required.--Subchapter I of chapter 51 is amended by inserting after section 5101 the following new section: ``Sec. 5101A. Electronic monitoring of claim status ``(a) Monitoring of Claim Status.--The Secretary shall make available, on the Internet website of the Department, a mechanism that can be used by a claimant to check on the status of any claim submitted by that claimant. Such mechanism shall provide to the claimant-- ``(1) if a decision has been reached with respect to such a claim, notice of the decision; or ``(2) if no such decision has been reached, notice of-- ``(A) whether the application submitted by the claimant is complete; ``(B) whether the Secretary requires additional information or evidence to process the claim; ``(C) the estimated date on which a decision with respect to the claim is expected to be made; and ``(D) the stage at which the claim is being processed as of the date on which such status is checked. ``(b) Relationship to Other Notice Requirements.--Monitoring provided pursuant to subsection (a) shall not satisfy the responsibility of the Secretary to provide notice under section 5102, 5103, or 5104 of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5101 the following new item: ``5101A. Electronic monitoring of claim status.''. SEC. 9. PILOT PROGRAM ON SUBMITTAL OF CLAIMS TO ANY REGIONAL OFFICE OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Pilot Program Required.--The Secretary of Veterans Affairs shall carry out a two-year pilot program under which the Secretary shall permit a qualifying veteran filing a claim for benefits under a law administered by the Secretary to submit such claim to any regional office of the Department of Veterans Affairs. The Secretary shall promptly notify each qualifying veteran of the opportunity to participate in the pilot program. (b) Qualifying Veterans.--For the purposes of the pilot program under subsection (a), a qualifying veteran is a veteran who would, except as provided under the pilot program, be required to submit a claim to one of five regional offices of the Department selected by the Secretary based on below average performance. (c) Reports.-- (1) Interim report.--Upon the selection of the Secretary of five regional offices for the purposes of subsection (b), the Secretary shall submit a report to Congress that lists the offices selected and the Secretary's rationale for selecting such offices. (2) Final report.--Not later than 90 days after the completion of the pilot program under subsection (a), the Secretary shall submit to Congress a final report on the pilot program that contains the Secretary's recommendations with respect to the allocation of resources among the regional offices of the Department. SEC. 10. EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM. (a) Fellowship Program.--Chapter 77 of title 38, United States Code is amended by adding at the end the following new subchapter: ``SUBCHAPTER III--EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM ``Sec. 7751. Executive Management Fellowship Program ``(a) Fellowship Program.--There is in the Department an Executive Management Fellowship Program. The purpose of the program shall be to provide eligible employees of the Veterans Benefits Administration with training and experience in the private sector. ``(b) Fellowship.--(1) A fellowship provided under this section is a one-year fellowship during which the eligible employee who is the recipient of the fellowship shall receive training at a private-sector entity that is engaged in the administration and delivery of benefits. ``(2) The Secretary shall enter into such agreements with private- sector entities as are necessary to carry out this section. ``(c) Selection of Recipients.--In August of each year, the Secretary shall select at least six and not more than 10 eligible employees to receive a fellowship under this section. ``(d) Eligible Employees.--(1) For the purposes of this section, an eligible employee is an employee of the Veterans Benefits Administration who-- ``(A) is compensated at a rate of basic pay not less than the minimum rate of basic pay payable for grade GS-14 of the General Schedule and not more than the minimum rate of basic pay payable to a member of the Senior Executive Service under section 5382 of title 5, United States Code; ``(B) enters into an agreement with the Secretary under subsection (e); and ``(C) submits to the Secretary an application containing such information and assurances as the Secretary may require. ``(2) For purposes of paragraph (1)(A), the term `basic pay' does not include any comparability payment under section 5304 of such title 5 or any other similar payment ``(e) Agreements.--An agreement between the Secretary and a recipient of a fellowship shall be in writing, shall be signed by the recipient, and shall include the following provisions: ``(1) The Secretary's agreement-- ``(A) to provide the recipient with a fellowship under this section; and ``(B) to afford the participant the opportunity for employment in the Veterans Benefits Administration (subject to the availability of appropriated funds for such purpose and other qualifications established in accordance with section 7402 of this title). ``(2) The recipient's agreement-- ``(A) to accept the fellowship; ``(B) after completion of the fellowship, to serve as a full-time employee in the Veterans Benefits Administration for at least two years as specified in the agreement; and ``(C) that, during the two-year period beginning on the last day of the fellowship, the recipient will not accept employment in the same industry as the industry of the private entity at which the recipient accepts the fellowship. ``(3) A provision that any financial obligation of the United States arising out of an agreement entered into under this chapter, and any obligation of the recipient which is conditioned on such agreement, is contingent upon funds being appropriated for educational assistance under this chapter. ``(4) A statement of the damages to which the United States is entitled under this chapter for the recipient's breach of the agreement. ``(5) Such other terms as the Secretary determines are required to be included in the agreement. ``(f) Treatment of Recipients.--The recipient of a fellowship under this section shall be considered an employee of the Department for all purposes, including for purposes of receiving a salary and benefits, and shall remain eligible for all promotion and incentive programs otherwise available to such an employee. ``(g) Report to Congress.--Not later than 60 days after completing a fellowship under this section, a recipient shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the fellowship. Each such report shall describe the duties of the recipient during the fellowship and any recommendations of the recipient for the application of industry processes, technologies, and best practices. A report submitted under this subsection shall not be reviewable by the Secretary before being submitted to the Committees.''. (b) Deadline for Implementation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement the Executive Management Fellowship Program required under section 7751 of title 38, United States Code, as added by subsection (a). (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``iii--executive management fellowship program ``7751. Executive Management Fellowship Program.''.
Veteran Claims Backlog Reduction Act of 2008 - Requires that, in order to be recognized as an agent or attorney of a veteran in the preparation, presentation, and prosecution of veterans' benefit claims, an individual must certify to the Secretary of Veterans Affairs that he or she will assist the Secretary with the Secretary's duties to notify claimants of required claim information and evidence and to assist claimants in obtaining evidence. Directs the Secretary to establish a training program to provide training to individuals recognized as veterans' agents, attorneys, or representatives. Requires a claim certified as fully developed and submitted by a veteran and a recognized agent, attorney, or representative who is a training graduate to be considered as fully developed and evaluated on the evidence provided. Directs the Secretary to: (1) at least once every fiscal year, conduct a quality control assessment of 1% of the ratings specialists and veterans service representatives employed by the Veterans Benefits Administration (VBA) of the Department of Veterans Affairs (VA); (2) carry out a pilot program to develop and maintain a system for processing disability compensation claims using rules-based technology; (3) treat a veteran's beneficiary as a veteran claimant for incomplete claims as of the veteran's death; (4) evaluate training and assessment programs for VBA employees; (5) allow for the electronic monitoring of a veteran's claim status; and (6) carry out a pilot program allowing a veteran to submit a claim to any VA regional office. Establishes in the VA an Executive Management Fellowship Program to provide private sector claims processing training and experience for VBA employees.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Equity and Access Act''. SEC. 2. 2-YEAR INCREASE IN MINIMUM PERCENTAGE INCREASE. Section 1853(c)(1)(C) of the Social Security Act (42 U.S.C. 1395w- 23(c)(1)(C)) is amended-- (1) in clause (iv), by striking ``and each succeeding year'' and inserting ``and 2003''; and (2) by inserting at the end the following new clauses: ``(v) For 2004 and 2005, 106.5 percent of the annual Medicare+Choice capitation rate under this paragraph for the area for the previous year. ``(vi) For 2006 and each succeeding year, 102 percent of the annual Medicare+Choice capitation rate under this paragraph for the area for the previous year.''. SEC. 3. INCLUSION OF COSTS OF DOD AND VA MILITARY FACILITY SERVICES TO MEDICARE-ELIGIBLE BENEFICIARIES IN CALCULATION OF MEDICARE+CHOICE PAYMENT RATES. Section 1853(c)(3) of the Social Security Act (42 U.S.C. 1395w- 23(c)(3)) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (E)'', and (2) by adding at the end the following new subparagraph: ``(E) Inclusion of costs of dod and va military facility services to medicare-eligible beneficiaries.-- In determining the area-specific Medicare+Choice capitation rate under subparagraph (A) for a year (beginning with 2004), the annual per capita rate of payment for 1997 determined under section 1876(a)(1)(C) shall be adjusted to include in the rate the Secretary's estimate, on a per capita basis, of the amount of additional payments that would have been made in the area involved under this title if individuals entitled to benefits under this title had not received services from facilities of the Department of Defense or the Department of Veterans Affairs.''. SEC. 4. AVOIDING DUPLICATIVE STATE REGULATION. (a) In General.--Section 1856(b)(3) of the Social Security Act (42 U.S.C. 1395w-26(b)(3)) is amended to read as follows: ``(3) Relation to state laws.--The standards established under this subsection shall supersede any State law or regulation (other than State licensing laws or State laws relating to plan solvency) with respect to Medicare+Choice plans which are offered by Medicare+Choice organizations under this part.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 5. MEDICARE+CHOICE QUALITY PERFORMANCE PAYMENT INCENTIVE PROGRAM. (a) Establishment of Program.-- (1) In general.--The Secretary of Health and Human Services shall establish a program to provide financial incentive awards to Medicare+Choice organizations offering Medicare+Choice plans under part C of title XVIII of the Social Security Act that demonstrate the provision of superior quality health care to enrollees under the plan. (2) Period of program.--Awards under the program shall be made during 2005 and 2006, and shall be based upon the most recent available quality data. (b) Awards.-- (1) In general.--Of the amounts provided for the program under subsection (f) in each year, the Secretary shall allocate-- (A) 75 percent of such amounts for National Performance Quality Awards (described in subsection (c)), and (B) 25 percent of such amounts for State Performance Quality Awards (described in subsection (d)). (2) Limitations on Awards.--A Medicare+Choice organization offering a Medicare+Choice plan may not receive both a National and State Performance Quality Award in a year. No Medicare+Choice organization offering a Medicare+Choice plan is eligible for an award under this section unless it offers benefits throughout the year in which the award is paid. (3) Amount of award.--The amount of an award to a Medicare+Choice organization offering a Medicare+Choice plan eligible for the award shall be determined by multiplying the number of beneficiaries enrolled under the plan on the first day of the year for which the award is paid times a uniform dollar amount established by the Secretary. In no case may the uniform dollar amount for a State Performance Quality Award exceed the dollar amount for a National Performance Quality Award for the year involved. (4) Use of Awards.--Financial incentives received under an award under this section may only be used for the following purposes: (A) To reduce any beneficiary cost-sharing applicable under the plan. (B) To reduce any beneficiary premiums applicable under the plan. (C) To initiate, continue, or enhance a comprehensive disease management program or health care quality programs for beneficiaries. (D) To enhance beneficiary benefits under the plan. (E) To utilize the stabilization fund described in section 1854(f)(2) of the Social Security Act (42 U.S.C. 1395w-24(f)(2)). (5) Comprehensive disease management program described.--A comprehensive disease management program referred to in paragraph (4)(C) is a comprehensive program to manage chronic disease that includes the following: (A) A population identification process. (B) Evidence based practice guidelines. (C) Collaborative practice models that include physician and providers of support services. (D) Patient self-management education which may include primary prevention, behavior modification programs, and compliance and surveillance. (E) Process and outcome measurement, evaluation, and management. (F) Routine reporting among health care providers concerned and procedures for feedback. (G) Such other components that the Secretary determines reasonably improve health care outcomes. (c) National Performance Quality Awards.-- (1) In general.--The Secretary shall only award a National Performance Quality Award to Medicare+Choice organizations with respect to the Medicare+Choice plans offered by the organizations that demonstrate superior quality in the health care furnished to its enrollees. (2) Mandatory awards.--National Performance Quality Awards shall be given to the Medicare+Choice organizations with respect to the Medicare+Choice plans that receive ratings in the top 25th percentile of all plans rated by the Secretary pursuant to subsection (e). (d) State Performance Quality Awards.-- (1) In general.--The Secretary shall only award a State Performance Quality Award to Medicare+Choice organizations with respect to the Medicare+Choice plans offered by the organizations in that State that demonstrate the highest quality in the health care furnished to its enrollees. (2) Requirement for 2 plans.--A State Performance Quality Award may not be awarded in a State that has less than two Medicare+Choice organizations offering Medicare+Choice plans. (3) Minimum rating required.--A State Performance Quality Award shall be awarded to Medicare+Choice organizations offering Medicare+Choice plans in a State that receive a rating by the Secretary pursuant to subsection (e) in the 60th percentile, or higher, of the national ranking of all eligible plans. (4) Special consideration.--The Secretary may provide special consideration to Medicare+Choice organizations offering Medicare+Choice plans that serve predominantly rural areas or that demonstrate significant quality care improvements. (e) Rating Methodology.--In determining which Medicare+Choice organization offering Medicare+Choice plans qualify for an award under this section, the Secretary shall develop a scoring and ranking system using-- (1) the 2003 MCO standards and guideline methodology of the National Committee for Quality Assurance for awarding total HEDIS points (based on HEDIS and CAHPS measures) with an adjustment to incorporate the following three HEDIS outcome measures-- (A) cholesterol control after acute cardiovascular events, (B) HbA1c control for comprehensive diabetes care, and (C) cholesterol control for comprehensive diabetes care), and (2) audited HEDIS outcomes and process measures and CAHPS data as reported to the Department of Health and Human Services. (f) Payment From Medicare Trust Funds.--The Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Insurance Trust Fund under title XVIII of the Social Security Act (42 U.S.C. 1395i, 1395t), in such proportions as the Secretary determines to be appropriate, of $500,000,000 for each of 2005 and 2006 for the costs of carrying out the project under this section. SEC. 6. INSTITUTE OF MEDICINE REPORT ON PAYMENT INCENTIVES AND PERFORMANCE UNDER THE MEDICARE+CHOICE PROGRAM. (a) Study.--The Secretary of Health and Human Services shall enter into an arrangement with the Institute of Medicine of the National Academy of Sciences under which the Institute shall conduct a study on clinical outcomes, performance, and quality of care under the Medicare+Choice program under part C of title XVIII of the Social Security Act. (b) Matters Studied.-- (1) In general.--In conducting the study under subsection (a), the Institute shall review and evaluate the public and private sector experience related to the establishment of performance measures and payment incentives. The review shall include an evaluation of the success, efficiency, and utility of structural process and performance measurements, and different methodologies that link performance to payment incentives. The review shall include the use of incentives-- (A) aimed at plans and their enrollees; (B) aimed at providers and their patients; (C) to encourage consumers to purchase based on quality and value; and (D) to encourage multiple purchasers, providers, beneficiaries, and plans within a community to work together to improve performance. (2) Identification of options.--As part of the study, the Institute shall identify options for providing incentives and rewarding performance, improve quality, outcomes, and efficiency in the delivery of programs and services under the Medicare+Choice program, including-- (A) periodic updates of performance measurements to continue rewarding outstanding performance and encourage improvements; (B) payments that vary by type of plan, such as preferred provider organization plans and MSA plans; (C) extension of incentives in the Medicare+Choice program to the fee for service program under title XVIII of the Social Security Act; and (D) performance measures needed to implement alternative methodologies to align payments with performance. (c) Report.--Not later than 18 months after the date of the enactment of this Act, the Institute shall submit to Congress and the Secretary a report on the study conducted under subsection (a).
Medicare Equity and Access Act - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to provide for: (1) a two-year increase in the minimum percentage increase used in the calculation of annual Medicare+Choice capitation rates; (2) inclusion in the calculation of Medicare+Choice payment rates of the costs of Department of Defense and Department of Veterans Affairs military facility services to Medicare-eligible beneficiaries; and (3) preemption of duplicative State regulation.Directs the Secretary of Health and Human Services to: (1) establish a program to provide financial incentive awards to Medicare+Choice organizations offering plans that demonstrate the provision of superior quality health care to enrollees; (2) only award a National Performance Quality Award to Medicare+Choice organizations for plans that demonstrate superior quality in health care; (3) only award a State Performance Quality Award to Medicare+Choice organizations for plans that demonstrate the highest quality in health care furnished in the State; and (4) enter into an arrangement for the Institute of Medicine of the National Academy of Sciences to study clinical outcomes, performance, and quality of care under the Medicare+Choice program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lewis and Clark Expedition Bicentennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the expedition commanded by Meriwether Lewis and William Clark, which came to be called ``The Corps of Discovery'', was one of the most remarkable and productive scientific and military exploring expeditions in all American history; (2) President Thomas Jefferson gave Lewis and Clark the mission to ``explore the Missouri River & such principal stream of it, as, by its course and communication with the waters of the Pacific Ocean, whether the Columbia, Oregon, Colorado, or any other river may offer the most direct and practical water communication across this continent for the purposes of commerce''; (3) the Expedition, in response to President Jefferson's directive, greatly advanced our geographical knowledge of the continent and prepared the way for the extension of the American fur trade with American Indian tribes throughout the land; (4) President Jefferson directed the explorers to take note of and carefully record the natural resources of the newly acquired territory known as Louisiana, as well as diligently report on the native inhabitants of the land; (5) the Expedition departed St. Louis, Missouri on May 14, 1804; (6) the Expedition held its first meeting with American Indians at Council Bluff near present-day Fort Calhoun, Nebraska, in August 1804, spent its first winter at Fort Mandan, North Dakota, crossed the Rocky Mountains by the mouth of the Columbia River in mid-November of that year, and wintered at Fort Clatsop, near the present-day city of Astoria, Oregon; (7) the Expedition returned to St. Louis, Missouri, on September 23, 1806, after a 28-month journey covering 8,000 miles during which it traversed 11 future States: Illinois, Missouri, Kansas, Nebraska, Iowa, North Dakota, South Dakota, Montana, Idaho, Washington, and Oregon; (8) accounts from the journals of Lewis and Clark and the detailed maps that were prepared by the Expedition enhance knowledge of the western continent and routes for commerce; (9) the Expedition significantly enhanced amicable relationships between the United States and the autonomous American Indian nations, and the friendship and respect fostered between American Indian tribes and the Expedition represents the best of diplomacy and relationships between divergent nations and cultures; and (10) the Lewis and Clark Expedition has been called the most perfect expedition of its kind in the history of the world and paved the way for the United States to become a great world power. SEC. 3. COIN SPECIFICATIONS. (a) Denomination.--In commemoration of the bicentennial of the Lewis and Clark Expedition, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) 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. SEC. 4. 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. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the expedition of Lewis and Clark. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2004'' and the years ``1804-1806''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this Act shall bear the likeness of Meriwether Lewis and William Clark. (4) General design.--In designing this coin, the Secretary shall also consider incorporating appropriate elements from the Jefferson Peace and Friendship Medal which Lewis and Clark presented to the Chiefs of the various Indian tribes they encountered and shall consider recognizing Native American culture. (b) Selection.--The design for the coins minted under this Act shall be selected by the Secretary after consultation with the Commission of Fine Arts and shall be reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2004, and ending on December 31, 2004. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) 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 promptly paid by the Secretary as follows: (1) National lewis and clark bicentennial council.--Two- thirds to the National Lewis and Clark Bicentennial Council, for activities associated with commemorating the bicentennial of the Expedition. (2) National park service.--One-thirds to the National Park Service for activities associated with commemorating the bicentennial of the Lewis and Clark Expedition. (b) Audits.--Each organization that receives any payment from the Secretary under this section shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. SEC. 9. 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 will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has 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 whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. Passed the House of Representatives July 19, 1999. Attest: JEFF TRANDAHL, Clerk.
Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``District of Columbia Convention Center and Sports Arena Authorization Act of 1995''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--CONVENTION CENTER Sec. 101. Permitting Washington Convention Center Authority to expend revenues for convention center activities. TITLE II--SPORTS ARENA Sec. 201. Permitting designated authority to borrow funds for preconstruction activities relating to Gallery Place sports arena. Sec. 202. Permitting certain District revenues to be pledged as security for borrowing. Sec. 203. No appropriation necessary for arena preconstruction activities. Sec. 204. Arena preconstruction activities described. TITLE III--WAIVER OF CONGRESSIONAL REVIEW Sec. 301. Waiver of Congressional review of Arena Tax Payment and Use Amendment Act of 1995. TITLE I--CONVENTION CENTER SEC. 101. PERMITTING WASHINGTON CONVENTION CENTER AUTHORITY TO EXPEND REVENUES FOR CONVENTION CENTER ACTIVITIES. (a) Permitting Expenditure Without Appropriation.--The fourth sentence of section 446 of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 47-304, D.C. Code) shall not apply with respect to any revenues of the District of Columbia which are attributable to the enactment of title III of the Washington Convention Center Authority Act of 1994 (D.C. Law 10-188) and which are obligated or expended for the activities described in subsection (b). (b) Activities Described.--The activities described in this paragraph are-- (1) the operation and maintenance of the existing Washington Convention Center; and (2) preconstruction activities with respect to a new convention center in the District of Columbia, including land acquisition and the conducting of environmental impact studies, architecture and design studies, surveys, and site acquisition. TITLE II--SPORTS ARENA SEC. 201. PERMITTING DESIGNATED AUTHORITY TO BORROW FUNDS FOR PRECONSTRUCTION ACTIVITIES RELATING TO GALLERY PLACE SPORTS ARENA. (a) Permitting Borrowing.-- (1) In general.--The designated authority may borrow funds through the issuance of revenue bonds, notes, or other obligations which are secured by revenues pledged in accordance with paragraph (2) to finance, refinance, or reimburse the costs of arena preconstruction activities described in section 204 if the designated authority is granted the authority to borrow funds for such purposes by the District of Columbia government. (2) Revenue required to secure borrowing.--The designated authority may borrow funds under paragraph (1) to finance, refinance, or reimburse the costs of arena preconstruction activities described in section 204 only if such borrowing is secured (in whole or in part) by the pledge of revenues of the District of Columbia which are attributable to the sports arena tax imposed as a result of the enactment of D.C. Law 10-128 (as amended by the Arena Tax Amendment Act of 1994 (D.C. Act 10-315)) and which are transferred by the Mayor of the District of Columbia to the designated authority pursuant to section 302(a-1)(3) of the Omnibus Budget Support Act of 1994 (sec. 47-2752(a-1)(3), D.C. Code) (as amended by section 2(b) of the Arena Tax Payment and Use Amendment Act of 1995). (b) Treatment of Debt Created.--Any debt created pursuant to subsection (a) shall not-- (1) be considered general obligation debt of the District of Columbia for any purpose, including the limitation on the annual aggregate limit on debt of the District of Columbia under section 603(b) of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 47-313(b), D.C. Code); (2) constitute the lending of the public credit for private undertakings for purposes of section 602(a)(2) of such Act (sec. 1- 233(a)(2), D.C. Code); or (3) be a pledge of or involve the full faith and credit of the District of Columbia. (c) Designated Authority Defined.--The term ``designated authority'' means the Redevelopment Land Agency or such other District of Columbia government agency or instrumentality designated by the Mayor of the District of Columbia for purposes of carrying out any arena preconstruction activities. SEC. 202. PERMITTING CERTAIN DISTRICT REVENUES TO BE PLEDGED AS SECURITY FOR BORROWING. (a) In General.--The District of Columbia (including the designated authority described in section 201(c)) may pledge as security for any borrowing undertaken pursuant to section 201(a) any revenues of the District of Columbia which are attributable to the sports arena tax imposed as a result of the enactment of D.C. Act 10-128 (as amended by the Arena Tax Amendment Act of 1994 (D.C. Law 10-315)), upon the transfer of such revenues by the Mayor of the District of Columbia to the designated authority pursuant to section 302(a-1)(3) of the Omnibus Budget Support Act of 1994 (sec. 47-2752(a-1)(3), D.C. Code) (as amended by section 2(b) of the Arena Tax Payment and Use Amendment Act of 1995). (b) Exclusion of Pledged Revenues From Calculation of Annual Aggregate Limit on Debt.--Any revenues pledged as security by the District of Columbia pursuant to subsection (a) shall be excluded from the determination of the dollar amount equivalent to 14 percent of District revenues under section 603(b)(3)(A) of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 47- 313(b)(3)(A), D.C. Code). SEC. 203. NO APPROPRIATION NECESSARY FOR ARENA PRECONSTRUCTION ACTIVITIES. The fourth sentence of section 446 of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 47-304, D.C. Code) shall not apply with respect to any of the following obligations or expenditures: (1) Borrowing conducted pursuant to section 201(a). (2) The pledging of revenues as security for such borrowing pursuant to section 202(a). (3) The payment of principal, interest, premium, debt servicing, contributions to reserves, or other costs associated with such borrowing. (4) Other obligations or expenditures made to carry out any arena preconstruction activity described in section 204. SEC. 204. ARENA PRECONSTRUCTION ACTIVITIES DESCRIBED. The arena preconstruction activities described in this section are as follows: (1) The acquisition of real property (or rights in real property) to serve as the site of the sports arena and related facilities. (2) The clearance, preparation, grading, and development of the site of the sports arena and related facilities, including the demolition of existing buildings. (3) The provision of sewer, water, and other utility facilities and infrastructure related to the sports arena. (4) The financing of a Metrorail connection to the site and other Metrorail modifications related to the sports arena. (5) The relocation of employees and facilities of the District of Columbia government displaced by the construction of the sports arena and related facilities. (6) The use of environmental, legal, and consulting services (including services to obtain regulatory approvals) for the construction of the sports arena. (7) The financing of administrative and transaction costs incurred in borrowing funds pursuant to section 201(a), including costs incurred in connection with the issuance, sale, and delivery of bonds, notes, or other obligations. (8) The financing of other activities of the District of Columbia government associated with the development and construction of the sports arena, including the reimbursement of the District of Columbia government or others for costs incurred prior to the date of the enactment of this Act which were related to the sports arena, so long as the designated authority determines that such costs are adequately documented and that the incurring of such costs was reasonable. TITLE III--WAIVER OF CONGRESSIONAL REVIEW SEC. 301. WAIVER OF CONGRESSIONAL REVIEW OF ARENA TAX PAYMENT AND USE AMENDMENT ACT OF 1995. Notwithstanding section 602(c)(1) of the District of Columbia Self- Government and Governmental Reorganization Act, the Arena Tax Payment and Use Amendment Act of 1995 (D.C. Act 11-115) shall take effect on the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
TABLE OF CONTENTS: Title I: Convention Center Title II: Sports Arena Title III: Waiver of Congressional Review District of Columbia Convention Center and Sports Arena Authorization Act of 1995 - Title I: Convention Center - Allows revenues of the District of Columbia to be obligated or expended for operation and maintenance of the existing Washington Convention Center and pre-construction activities with respect to a new convention center in the District of Columbia without prior approval of the Congress. Title II: Sports Arena - Authorizes the designated authority (the Redevelopment Land Agency or such other District of Columbia government agency or instrumentality designated by the Mayor of the District) to borrow funds through obligations which are secured by revenues pledged to finance, refinance, or reimburse the costs of specified arena preconstruction activities if it is granted such authority by the District government. Provides that the borrowing of funds must be secured by such pledged revenues of the District which are attributable to the sports arena tax and which are transferred by the Mayor to the designated authority pursuant to the Omnibus Budget Support Act of 1994. Prohibits such debt from: (1) being considered a general obligation debt of the District; (2) constituting the lending of the public credit for private undertakings for purposes of the District of Columbia Self-Government and Governmental Reorganization Act; and (3) being a pledge of, or involve the full faith and credit of, the District. Permits the District and the designated authority to pledge as security for any borrowing undertaken pursuant to this Act any District revenues which are attributable to the sports arena tax, upon the transfer of such revenues by the Mayor to such authority pursuant to the Omnibus Budget Support Act of 1994. Excludes such pledged revenues from the formula used to calculate the annual aggregate limit on the District's debt. Allows the following activities to be carried out without the enactment of appropriations by the Congress: (1) borrowing conducted pursuant to this Act; (2) pledging of revenues as security for such borrowing; (3) payment of principal, interest, premium, debt servicing, contributions to reserves, or other costs associated with such borrowing; and (4) other obligations or expenditures made to carry out any arena preconstruction activity described in this Act. Title III: Waiver of Congressional Review - Makes the Arena Tax Payment and Use Amendment Act of 1995 effective on this Act's enactment (thereby, waiving congressional review of such Act).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare to Work Act of 1997''. SEC. 2. MODIFICATION OF PROGRAM PURPOSE. (a) In General.--Section 401 of the Social Security Act (42 U.S.C. 601) is amended to read as follows: ``SEC. 401. PURPOSE. ``The purpose of this part is to-- ``(1) help low income families attain work and economic self-sufficiency; ``(2) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; ``(3) break the cycle of dependence of needy parents on government benefits by requiring job preparation and work; ``(4) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and ``(5) encourage the formation and maintenance of two-parent families.''. (b) Conforming Change in Name of Program.-- (1) In general.-- (A) The title heading of title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is amended by striking ``TEMPORARY''. (B) The part heading of part A of title IV of the Social Security Act is amended by striking ``TEMPORARY''. (2) Conforming amendments.-- (A) The Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended in the first section 255(h) (2 U.S.C. 905(h)), by striking ``temporary''. (B) The heading of clause (ii) of section 116(b)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is amended by striking ``temporary''. SEC. 3. MODIFICATION OF REQUIREMENTS RELATING TO WORK. (a) Modifications to Required Contents of State Plans.--Section 402(a)(1) of the Social Security Act (42 U.S.C. 602(a)(1)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``and become self- sufficient'' and inserting ``, become self-sufficient, or earn their benefits''; and (B) in clause (ii), by striking ``24 months (whether or not consecutive)'' and inserting ``3 months''; and (2) in subparagraph (B), by striking clause (iv). (b) New Work Requirements.-- (1) In general.--Section 407 of the Social Security Act (42 U.S.C. 607) is amended to read as follows: ``SEC. 407. WORK REQUIREMENTS. ``(a) Work Required After 3 Months.--Except as provided in subsection (b), after a State has provided assistance for 3 months (whether or not consecutive) to an adult or a head of household under the State program funded under this part, the State shall ensure that, for any period for which the adult or head of household is provided with such assistance, the adult or head of household is engaged in work activities for a number of hours in the period that is not less than-- ``(1) the dollar amount of the assistance so provided during the period; divided by ``(2) the minimum wage rate in effect for the period under section 6 of the Fair Labor Standards Act of 1938. ``(b) State Authority To Make Exemptions for Good Cause.--A State shall not be considered to be in violation of subsection (a) for a period by reason of the failure of the State to ensure that, during the period, an adult or a head of household is engaged in work activities as required by subsection (a) if-- ``(1) the State determines that there is good cause not to require the adult or head of household to engage in work activities for the period; and ``(2) during the period, such a determination is in effect with respect to not more than 10 percent of the adults and heads of households receiving assistance under the State plan funded under this part. ``(c) Work Activities Defined.--As used in this section, the term `work activities' means-- ``(1) unsubsidized employment; ``(2) subsidized private sector employment; ``(3) subsidized public sector employment; ``(4) work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available; ``(5) on-the-job training; ``(6) community service programs; ``(7) vocational educational training (not to exceed 6 months with respect to any individual); ``(8) education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; and ``(9) satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate. ``(d) Nondisplacement in Work Activities.-- ``(1) In general.--Subject to paragraph (2), an adult in a family receiving assistance under a State program funded under this part attributable to funds provided by the Federal Government may fill a vacant employment position in order to engage in a work activity. ``(2) No filling of certain vacancies.--No adult in a work activity which is funded, in whole or in part, by funds provided by the Federal Government shall be employed or assigned-- ``(A) when any other individual is on layoff from the same or any substantially equivalent job; or ``(B) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an adult described in paragraph (1). ``(3) Grievance procedure.--A State with a program funded under this part shall establish and maintain a grievance procedure for resolving complaints of alleged violations of paragraph (2). ``(4) No preemption.--Nothing in this subsection shall preempt or supersede any provision of State or local law that provides greater protection for employees from displacement. ``(e) Review of Implementation of State Work Programs.--During fiscal year 1999, the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate shall hold hearings and engage in other appropriate activities to review the implementation of this section by the States, and shall invite the Governors of the States to testify before them regarding such implementation. Based on such hearings, such Committees may introduce such legislation as may be appropriate to remedy any problems with the State programs operated pursuant to this section.''. (2) Conforming amendments.-- (A) The heading of section 409(a)(3) of the Social Security Act (42 U.S.C. 609(a)(3)) is amended by striking ``satisfy minimum participation rates'' and inserting ``meet work requirements''. (B) Section 411(a)(1)(A)(xii) of the Social Security Act (42 U.S.C. 611(a)(1)(A)(xii)) is amended by striking ``calculate minimum participation rates under'' and inserting ``determine degree of compliance with''. (C) Section 411(a)(4) of the Social Security Act (42 U.S.C. 611(a)(4)) is amended by striking ``407(d)'' and inserting ``407(c)''. (D) Section 107 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (42 U.S.C. 613 note) is repealed. (E) Section 466(a)(15)(A)(ii) of the Social Security Act (42 U.S.C. 666(a)(15)(A)(ii)) is amended by striking ``407(d)'' and inserting ``407(c)''. (c) States Required To Provide to Recipients Engaging in Required Work Activities a Cash Benefit Based on Number of Hours of Work Activities.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)), as amended by section 5(a) of this Act, is amended by inserting after paragraph (6) the following: ``(7) Cash benefits required to be provided for recipients engaging in required work activities.--A State shall provide assistance under the State program funded under this part to a family engaging in work activities required pursuant to section 407 in the form of a monthly cash payment to the family of an amount equal to the lesser of-- ``(A) the dollar value of the assistance that would otherwise be provided to the family for the month under the State program funded under this part; or ``(B)(i) the aggregate number of hours during the immediately preceding month that the adult (or adults) in the family is (or are) engaged in such activities; multiplied by ``(ii) the minimum wage rate in effect under section 6 of the Fair Labor Standards Act of 1938.''. (d) Penalty Applicable to States for Failure To Make Required Monthly Cash Payments to Families Engaging in Required Work Activities.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a), as amended by section 7(b)(1) of this Act, is amended by inserting after paragraph (5) the following: ``(6) Failure to make required monthly cash payments to families engaging in required work activities.--If the Secretary determines that, during a fiscal year, a State has not provided to a family engaging in work activities required pursuant to section 407 a monthly cash payment in the amount required by section 408(a)(7), the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 times the difference (whether positive or negative) between the amount so required to be paid to the family for the month and the amount paid to the family for the month under the State program funded under this part.''. (e) Emergency Medical Services Exception to Medicaid Disqualification for Adults Who Fail To Meet Work Requirement.--Section 1931(b)(3) of the Social Security Act (42 U.S.C. 1396v(b)(3)) is amended by adding at the end the following new subparagraph: ``(C) Exception for emergency medical services.-- Subparagraph (A) shall not apply to terminate medical assistance for care and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3)) and that are not related to an organ transplant procedure.''. SEC. 4. INCREASED COMMITMENT TO CHILD CARE. (a) Increased Child Care Funding.--Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) is amended to read as follows: ``(3) Appropriation.--For grants under this section, there are appropriated-- ``(A) $2,967,000,000 for fiscal year 1998; ``(B) $3,067,000,000 for fiscal year 1999; ``(C) $3,167,000,000 for fiscal year 2000; ``(D) $3,367,000,000 for fiscal year 2001; and ``(E) $3,567,000,000 for fiscal year 2002.''. (b) Child Care Required To Be Provided to Families With Children Under Age 6.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) Provision of child care to families with a child under age 6.--A State to which a grant is made under section 403 shall take such steps as may be necessary to ensure that each family receiving assistance under the State program funded under this part is provided with child care for any child in the family who has not attained 6 years of age.''. (c) Penalty for Failure To Provide Required Child Care.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)), as amended by section 5(b) of this Act, is amended by inserting after paragraph (8) the following: ``(9) Failure to provide required child care.-- ``(A) In general.--If the Secretary determines that a State to which a grant is made under section 403 for a fiscal year has violated section 408(a)(12) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 10 percent of the State family assistance grant. ``(B) Penalty based on severity of failure.--The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance.''. (d) Elimination of Penalty for Failure To Maintain Assistance to Adult Single Custodial Parents Who Cannot Obtain Child Care for Child Under Age 6.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by striking paragraph (11). SEC. 5. ELIMINATION OF 5-YEAR LIMIT ON ASSISTANCE. (a) In General.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by striking paragraph (7). (b) Elimination of Associated Penalty.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by striking paragraph (9). (c) Conforming Amendments.-- (1) Section 409(a)(7)(B)(i)(IV) of the Social Security Act (42 U.S.C. 609(a)(7)(B)(i)(IV)) is amended by striking ``, families that would be eligible for such assistance but for the application of section 408(a)(7) of this Act,''. (2) Section 411(a)(1)(A)(xvi) of the Social Security Act (42 U.S.C. 611(a)(1)(A)(xvi)) is amended-- (A) by striking subclause (III); and (C) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively. SEC. 6. CHANGES RELATED TO GRANTS TO STATES. (a) Amount of Family Assistance Grant.--Section 403(a)(1)(B) of the Social Security Act (42 U.S.C. 603(a)(1)(B)) is amended-- (1) in clause (i), by striking ``1992, 1993, and 1994'' and inserting ``1994, 1995, and 1996''; and (2) in clause (ii)(I), by striking ``1994'' and inserting ``1996''. (b) Establishment of Supplemental Grant for Operation of Work Programs in Lieu of Supplemental Grant for Population Increases in Certain States and Bonus To Reward High Performance States.--Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is amended by striking paragraphs (3) and (4) and inserting the following: ``(3) Supplemental grant for operation of work programs.-- ``(A) In general.--Each eligible State shall be entitled to receive from the Secretary a grant, in an amount described in subparagraph (B), for each fiscal year specified in subparagraph (C), which shall be used by the State only to comply with section 407. ``(B) Amount of grant.--The amount described in this subparagraph with respect to a State is the amount that bears the same ratio to $1,000,000,000 as the amount of the State family assistance grant bears to the total of the State family assistance grants of all States. ``(C) Appropriation.--There are authorized to be appropriated for grants under this paragraph $1,000,000,000 for each of fiscal years 1997, 1998, 1999, 2000, 2001, and 2002.''. (c) Elimination of Authority To Use Portion of Grants for Other Purposes.--Section 404 of the Social Security Act (42 U.S.C. 604) is amended by striking subsection (d) and redesignating subsections (e) through (j) as subsections (d) through (i), respectively. SEC. 7. REPEAL OF FEDERAL LOANS FOR STATE WELFARE PROGRAMS. (a) In General.--Section 406 of the Social Security Act (42 U.S.C. 606) is repealed. (b) Elimination of Associated Penalty.-- (1) In general.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by striking paragraph (6). (2) Conforming amendments.-- (A) Section 409(c) of the Social Security Act (42 U.S.C. 609(c)) is amended by striking paragraph (4). (B) Section 412(f)(1) of the Social Security Act (42 U.S.C. 612(f)(1)) is amended by striking ``(a)(1), (a)(6),'' and inserting ``(a)(1) and''. SEC. 8. MISCELLANEOUS. (a) Domestic Violence Certification Required To Be Included in State Plan.--Section 402(a)(7) of the Social Security Act (42 U.S.C. 602(a)(7)) is amended-- (1) in the heading, by striking ``Optional certification'' and inserting ``Certification''; (2) by striking ``At the option of the State, a'' and inserting ``A''; (3) by inserting ``being subjected to'' before ``domestic violence'' the first 2 places such term appears; (4) by inserting ``being subjected to'' before ``further domestic violence''; and (5) by striking subparagraph (B) and inserting the following: ``(B) Domestic violence defined.--For purposes of this paragraph, an individual has been subjected to domestic violence if the individual has been subjected to-- ``(i) physical acts that resulted in, or threatened to result in, physical injury to the individual; ``(ii) sexual abuse; ``(iii) sexual activity involving a dependent child; ``(iv) being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities; ``(v) threats of, or attempts at, physical or sexual abuse; ``(vi) mental abuse; or ``(vii) neglect or deprivation of medical care.''. (b) States Required To Make Initial Assessment of Recipients of Assistance.--Section 408(b) of the Social Security Act (42 U.S.C. 608(b)) is amended by striking paragraph (4). SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 1997.
Welfare to Work Act of 1997 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to: (1) rename the program the Assistance for Needy Families Program; (2) require work activities after three months of receiving program assistance (instead of the current 24 months), with certain good cause exceptions; (3) require cash benefits to recipients based on the number of hours engaged in required work activities; (4) increase child care funding; (5) eliminate the five-year limit on program assistance; (6) establish a supplemental grant for operation of work programs; (7) repeal authority for Federal loans for State welfare programs; (8) make mandatory the currently optional domestic violence certification with regard to State plans; and (9) eliminate State discretion with respect to an initial assessment of assistance recipients, making such assessments mandatory.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``College Scholarship Fraud Prevention Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A substantial amount of fraud occurs in the offering of college education financial assistance services to consumers. (2) Such fraud includes the following: (A) Misrepresentations regarding the provision of sources from which consumers may obtain financial assistance (including scholarships, grants, loans, tuition, awards, and other assistance) for purposes of financing a college education. (B) Misrepresentations regarding the provision of portfolios of such assistance tailored to the needs of specific consumers. (C) Misrepresentations regarding the pre-selection of students as eligible to receive such assistance. (D) Misrepresentations that such assistance will be provided to consumers who purchase specified services from specified entities. (E) Misrepresentations regarding the business relationships between particular entities and entities that award or may award such assistance. (F) Misrepresentations regarding refunds of processing fees if consumers are not provided specified amounts of such assistance, and other misrepresentations regarding refunds. (3) In 1996, the Federal Trade Commission launched ``Project Scholarscam'', a joint law enforcement and consumer education campaign directed at fraudulent purveyors of so- called ``scholarship services''. (4) Despite the efforts of the Federal Trade Commission, colleges and universities, and nongovernmental organizations, the continued lack of awareness about scholarship fraud permits a significant amount of fraudulent activity to occur. SEC. 3. SENTENCING ENHANCEMENT FOR HIGHER EDUCATION FINANCIAL ASSISTANCE FRAUD. Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines in order to provide for enhanced penalties for any offense involving fraud or misrepresentation in connection with the obtaining or providing of, or the furnishing of information to a consumer on, any scholarship, grant, loan, tuition, discount, award, or other financial assistance for purposes of financing an education at an institution of higher education, such that those penalties are comparable to the base offense level for misrepresentation that the defendant was acting on behalf of a charitable, educational, religious, or political organization, or a government agency. SEC. 4. EXCLUSION OF DEBTS RELATING TO COLLEGE FINANCIAL ASSISTANCE SERVICES FRAUD FROM PERMISSIBLE EXEMPTIONS OF PROPERTY FROM ESTATES IN BANKRUPTCY. Section 522(c) of title 11, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; or''; and (3) by adding at the end the following: ``(4) a debt in connection with fraud in the obtaining or providing of any scholarship, grant, loan, tuition, discount, award, or other financial assistance for purposes of financing an education at an institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1954 (20 U.S.C. 1001)).''. SEC. 5. SCHOLARSHIP FRAUD ASSESSMENT AND AWARENESS ACTIVITIES. (a) Annual Report on Scholarship Fraud.-- (1) Requirement.--The Attorney General and the Secretary of Education, in conjunction with the Federal Trade Commission, shall jointly submit to Congress each year a report on fraud in the offering of financial assistance for purposes of financing an education at an institution of higher education. Each report shall contain an assessment of the nature and quantity of incidents of such fraud during the one-year period ending on the date of such report. (2) Initial report.--The first report under paragraph (1) shall be submitted not later than 18 months after the date of the enactment of this Act. (b) National Awareness Activities.--The Secretary of Education shall, in conjunction with the Federal Trade Commission, maintain a scholarship fraud awareness site on the Internet web site of the Department of Education. The scholarship fraud awareness site may include the following: (1) Appropriate materials from the Project Scholarscam awareness campaign of the Commission, including examples of common fraudulent schemes. (2) A list of companies and individuals who have been convicted of scholarship fraud in Federal or State court. (3) An Internet-based message board to provide a forum for public complaints and experiences with scholarship fraud. (4) An electronic comment form for individuals who have experienced scholarship fraud or have questions about scholarship fraud, with appropriate mechanisms for the transfer of comments received through such forms to the Department and the Commission. (5) Internet links to other sources of information on scholarship fraud, including Internet web sites of appropriate nongovernmental organizations, colleges and universities, and government agencies. (6) An Internet link to the Better Business Bureau in order to assist individuals in assessing the business practices of other persons and entities. (7) Information on means of communicating with the Federal Student Aid Information Center, including telephone and Internet contact information.
Excludes debts in connection with such fraud from permissible exemptions of property from estates in bankruptcy. Directs the Secretary of Education: (1) and the Attorney General, in conjunction with the FTC, to report jointly to Congress each year on fraud in the offering of financial assistance for financing an education at an institution of higher education; and (2) in conjunction with the FTC, to maintain a scholarship fraud awareness site on the Internet web site of the Department of Education.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Foreclosures Due to Congressional Dysfunction Act of 2014''. SEC. 2. MORTGAGE FORECLOSURE MORATORIUM. (a) Moratorium.--The Director of the Federal Housing Finance Agency shall prohibit mortgagees of eligible mortgages under subsection (c) from initiating a foreclosure, whether judicial or nonjudicial, or taking any action in furtherance of a foreclosure already initiated, including any foreclosure sale, with respect to any eligible mortgage during the foreclosure moratorium period under subsection (d) for such eligible mortgage. (b) Treatment of Mortgage Payments Due During Foreclosure Moratorium Period.-- (1) Deferral of mortgage payments; interest due.--The Director shall provide that, during the foreclosure moratorium period with respect to an eligible mortgage-- (A) the term of the mortgage shall toll; (B) any payments of principal and interest due under the mortgage shall be deferred; and (C) interest on outstanding principal due under the mortgage shall continue to accrue at the rate provided for under the mortgage. (2) Resumption of mortgage payments; amortization of interest accrued.--The Director shall provide that, upon the expiration of the foreclosure moratorium period with respect to an eligible mortgage-- (A) the term of the mortgage, and the responsibility of the mortgagor to make payments of principal and interest due under the mortgage, shall resume; and (B) any interest accrued pursuant to paragraph (1)(C) shall be amortized, and payable, over the remaining term of the mortgage. (c) Eligible Mortgage.--An eligible mortgage under this subsection is a mortgage that-- (1) is owned, held, securitized, or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (2) is a mortgage on a 1- to 4-family residence that is the principal residence of the mortgagor; (3) was current with respect to payments of principal and interest, and any taxes, insurance, and other amounts required to be paid in escrow, that were due under the mortgage as of the beginning of the foreclosure moratorium period with respect to such eligible mortgage; and (4) has a mortgagor who-- (A)(i) received extended compensation or additional compensation for a week of unemployment ending at any time during the 7-day period ending January 1, 2014; (ii) has exhausted all rights to regular compensation under the unemployment compensation law of a State at any time during the period beginning January 1, 2014, and ending on the date of enactment of this Act and has remained continuously unemployed throughout such period; or (iii) exhausts all rights to regular compensation under the unemployment compensation law of a State at any time during the period beginning on the date of enactment of this Act and ending on July 1, 2014; and (B) as of the beginning of the foreclosure moratorium period with respect to such eligible mortgage, has a ratio of debt to income, as determined in accordance with such requirements as the Director shall establish, that was greater than 40 percent. (d) Foreclosure Moratorium Period.--The foreclosure moratorium period under this subsection with respect to an eligible mortgage shall be the 6-month period beginning upon-- (1) in the case of an eligible mortgage of a mortgagor described in clause (i) or (ii) of subsection (c)(4)(A), the date of the enactment of this Act; and (2) in the case of an eligible mortgage of a mortgagor described in clause (iii) of subsection (c)(4)(A), the date on which such mortgagor exhausts all rights to regular compensation under the unemployment compensation law of a State. (e) Definitions.--For purposes of this section, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Eligible mortgage.--The term ``eligible mortgage'' means a mortgage that meets the requirements of subsection (c). (3) Foreclosure moratorium period.--The term ``foreclosure moratorium period'' means, with respect to an eligible mortgage, the period specified in subsection (d) for the mortgage. (4) Mortgagee.--The term ``mortgagee'' includes, with respect to an eligible mortgage, any creditor, servicer, or holder of such eligible mortgage, and any other person acting on behalf of any such creditor, servicer, or holder. (5) Regular compensation; extended compensation; additional compensation.--The terms ``regular compensation'', ``extended compensation'', and ``additional compensation'' have the meanings given such terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
Stop Foreclosures Due to Congressional Dysfunction Act of 2014 - Requires the Director of the Federal Housing Finance Agency (FHFA) to prohibit mortgagees of certain eligible mortgages from initiating a foreclosure during a specified six-month moratorium with respect to any of those mortgages owned, held, securitized, or guaranteed by the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac). Tolls the term of such mortgages during the moratorium, and requires deferral of any principal and interest payments due. Qualifies for this mortatorium only Fannie Mae or Freddie Mac mortgages on a 1- to 4-family residence that is the principal residence of a mortgagor who: (1) was current on principal, interest, tax, and insurance payments at the start of the moratorium; (2) has received unemployment compensation during a certain period but exhausted all rights to it; and (3) as of the beginning of the moratorium has a ratio of debt to income on the mortgage greater than 40%.
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SECTION 1. ANNUAL COUNTRY REPORTS ON BUSINESS AND INVESTMENT CLIMATES. (a) Annual Country Reports on Business and Investment Climates.-- Not later than September 1 of each year, the Secretary of State, in consultation with the Assistant Secretary of State for Economic, Energy and Business Affairs, as well as the Assistant Secretary of Commerce for Trade Promotion and the Director General of the Foreign Commercial Service, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report providing-- (1) detailed assessments with respect to each foreign country-- (A) in which acts of unfair business and investment practices or other acts that have resulted in poor business and investment climates were, in the opinion of the Secretary, of major significance; and (B) which the Secretary determines should be the subject of such a report; (2) all relevant information about such unfair business and investment practices or other actions during the preceding year by members of the business community, the judiciary, and the government of such country which may have impeded United States business or investment in such country, including the capacity for United States citizens to operate their businesses without fear of reprisals; and (3) with respect to each foreign country from which the United States Government has sought cooperation to assemble the annual country-specific investment climate reports required under this section and address issues of unfair business and investment practices, information on-- (A) the extent to which the government of each such foreign country is working to prevent unfair business and investment practices; and (B) the extent of United States Government action to prevent unfair business and investment practices or other actions that harm United States business or investment interests in relevant cases. (b) Provisions To Be Included in the Report.--The report under subsection (a) should, to the extent feasible, include-- (1) with respect to paragraph (1)(A) of such subsection-- (A) a review of the efforts undertaken by foreign countries to promote a healthy business and investment climate that is also conducive to the United States business community and United States investors, including, as appropriate, steps taken in international fora; (B) the response of the judicial and local arbitration systems of each foreign country that is the subject of such report with respect to matters relating to the business and investment climates affecting United States citizens and entities, or that have, in the opinion of the Secretary, and in consultation with the Director General of the Foreign Commercial Service, a significant impact on United States business and investment efforts; and (C) each foreign country's access to the United States market; (2) with respect to paragraph (2) of such subsection, any-- (A) actions undertaken by governments of foreign countries that prevent United States citizens and businesses from receiving equitable treatment; (B) actions taken by private businesses and citizens of foreign countries against members of the United States business community and United States investors; (C) unfair decisions rendered by the legal systems of foreign countries that clearly benefit State and local corporations and industries; and (D) unfair decisions rendered by local arbitration panels of foreign countries that do not exemplify objectivity and do not provide an equitable ground for United States citizens and businesses to address their disputes; and (3) with respect to paragraph (3)(A) of such subsection, actions taken by the United States Government to-- (A) promote the rule of law, in general; (B) prevent discriminatory treatment of United States citizens and businesses engaged in business or investment activities; (C) allow United States goods to enter foreign countries without requiring a co-production agreement; and (D) protect United States intellectual property rights. (c) Preparation of Reports Regarding Business and Investment Climates.-- (1) Standards and investigations.--The Secretary of State shall ensure that the United States diplomatic and consular missions abroad maintain a consistent reporting standard and thoroughly investigate reports of unfair business and investment practices or any other actions that impede a strong business or investment climate in the countries in which such missions are located. (2) Updating information based on foreign country media.-- In compiling data and assessing the business and investment climates abroad for each report required under subsection (a), United States foreign service officers shall, as appropriate and with respect to the foreign country in which such officers are posted, research such country's media sources, including newspaper, radio, and television, to document any cases with evidence of unfair business or investment practices or any occurrences that may destabilize the business or investment climate in such country. (3) Contacts with business leaders.--In compiling data and assessing the business and investment climates abroad for each report required under subsection (a), United States foreign service officers shall, as appropriate and with respect to the foreign country in which such officers are posted, seek out and maintain contacts with corporate leaders in all sectors of the market of such country to discuss issues of foreign direct investment and the challenges United States citizens or businesses may face in making investments or earning returns on investments. (4) Contacts with union leaders.--In compiling data and assessing the business and investment climates abroad for each report required under subsection (a), United States foreign service officers shall, as appropriate and with respect to the foreign country in which such officers are posted, seek out and maintain contacts with leaders of local and national unions of such country to assess the political stability of such country as measured through social cohesion and the rights of workers. (5) Contacts with the judiciary.--In compiling data and assessing the business and investment climates abroad for each report required under subsection (a), United States foreign service officers shall, as appropriate and with respect to the foreign country in which such officers are posted, seek out and maintain contacts with members of the judicial system of such country to evaluate the capacity of the legal institutions to address discrepancies and disputes that may arise, including corruption and nationalization. Such officers shall also research the capacity for arbitration locally to address concerns if such country's legal system is unable to provide suitable or satisfactory recourse in a matter relating to an unfair business or investment practice involving a United States citizen or business. (6) Contacts with nongovernmental organizations.--In compiling data and assessing the business and investment climates abroad for each report required under subsection (a), United States foreign service officers shall, as appropriate and with respect to the foreign country in which such officers are posted, seek out and maintain contacts with members of nongovernmental organizations in such country that address the concerns of the business community, with the consent of such organizations, including receiving reports and updates from such organizations and, when appropriate, investigating such reports. (d) Classification of Report.-- (1) In general.--A report required under subsection (a) of this section shall, to the extent practicable, be submitted in an unclassified form but may be accompanied by a classified appendix if the Secretary of State determines that such is appropriate. (2) Cooperation.--If the Secretary of State determines that the submission of any information with respect to a foreign country under paragraph (3) of subsection (a) in classified form would make more likely the cooperation of the government of such foreign country, the Secretary may submit such information in classified form. (3) Summarization.--If the Secretary of State determines that it is in the national security interests of the United States or is necessary for the safety of individuals or entities to be identified in a report required under subsection (a) or is necessary to further the purposes of this Act, any information required under such subsection, including measures taken by the United States, may be summarized in such report and submitted in more detail in a classified addendum. SEC. 2. BUSINESS AND INVESTMENT CLIMATE WARNINGS. (a) In General.--The Secretary of State, with the assistance of the Assistant Secretary of State for Economic, Energy and Business Affairs, as well as the Assistant Secretary of Commerce for Trade Promotion and the Director General of the Foreign Commercial Service, shall establish a system that informs members of the United States business community and United States investors prior to their entry into a foreign country of the business and investment conditions in such country. (b) Warnings.--The system established under subsection (a) shall, if appropriate, issue investment warnings-- (1) to describe long-term, protracted conditions that make a country's business or investment climate risky or potentially dangerous to members of the United States business community and United States investors; or (2) when the ability of the United States Government to assist such members and investors is constrained due to the closure of a United States diplomatic or consular mission in such country. (c) Four-Tier System.-- (1) In general.--The Secretary of State and the Secretary of Commerce shall develop a four-tier system to grade the business and investment climate of each country that receives over $5,000,000,000 in exports, aid, and remittances from the United States, based on the following criteria: (A) Political stability. (B) Macroeconomic stability. (C) Rule of law. (D) Corruption and transparency. (E) Regulatory quality. (F) Good governance. (G) Civil society engagement. (2) Additional criteria.--The grading within the four-tier system referred to in paragraph (1) shall also address the following unfair business and investment practices with respect to each country identified and graded under such paragraph: (A) Discriminatory treatment of United States citizens and businesses engaged in business or investment activities. (B) The status of allowing United States goods to enter each such country without requiring a co- production agreement. (C) Protection of United States intellectual property rights. (d) Public Accessibility.--The Secretary of State shall publish on the website of the Department of State information on countries under this section. SEC. 3. DEFINITIONS. In this Act: (1) Civil society engagement.--The term ``civil society engagement'' means the extent to which individuals exercise peacefully their rights of expression, association, and assembly, including through their establishing and participating in nongovernmental organizations, unions, and other civil society organizations. (2) Corruption and transparency.--The term ``corruption and transparency'' means the extent to which public officials seek illegitimate personal gain, including through bribery, extortion, graft, nepotism, or embezzlement. (3) Co-production agreement.--The term ``co-production agreement'' means a United States Government or United States business working with a foreign government, foreign company, or an international organization to produce or manufacture an item. (4) Good governance.--The term ``good governance'' means the extent to which institutions are sustainable and democratic, with responsive, professional civil services providing high quality public services. (5) Macroeconomic stability.--The term ``macroeconomic stability'' means the extent to which the economy of a foreign country is vulnerable to internal and external shocks. (6) Political stability.--The term ``political stability'' means the likelihood that the government of a foreign country will be destabilized or overthrown by unconstitutional or violent means. (7) Regulatory quality.--The term ``regulatory quality'' means the extent to which the government of a foreign country is able to formulate and implement sound policies and regulations that permit and promote private sector development. (8) Rule of law.--The term ``rule of law'' means the extent to which laws of a foreign country are publicly promulgated, equally enforced, independently adjudicated, and are consistent with international norms and standards. (9) Unfair business and investment practices.--The term ``unfair business and investment practices'' includes any of the following: (A) Unlawful actions under international law or the law of the foreign country taken by the government of such country or by businesses, citizens, or other entities of such country that have resulted in lost assets, contracts, or otherwise contributed to an inhospitable business or investment climate. (B) Discriminatory treatment of United States businesses, whether wholly- or partially-owned. (C) Failure to protect intellectual property rights. (D) Requiring a co-production agreement in order for goods from the United States to enter a foreign country.
Directs the Secretary of State to: (1) report annually to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations regarding each foreign country in which acts of unfair business and investment practices have resulted in poor business and investment climates; and (2) establish a system to inform the U.S. business and investing communities of such conditions.
{"src": "billsum_train", "title": "To require a report on business and investment climates in foreign countries, and for other purposes."}
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