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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prompt Decision for Qualification of Short Sale Act of 2010''. SEC. 2. PROMPT DECISION REGARDING SHORT SALE. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended-- (1) by redesignating the second section 129, as added by section 201(b) of the Helping Families Save Their Homes Act of 2009 (Public Law 111-22; 123 Stat. 1638), as section 129A; and (2) by inserting before section 130 (15 U.S.C. 1640) the following new section: ``SEC. 129B. PROMPT DECISION REGARDING SHORT SALE. ``(a) Requirement.--Except as provided in subsection (b) and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle, if the mortgagor under a residential mortgage loan submits to the servicer of the mortgage loan a written request for a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan, and all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer), and the mortgagor does not receive from the servicer, before the expiration of the 45-day period beginning upon receipt by the servicer of such request and information, a written notification of whether such request has been approved, that such request has been approved subject to specified changes, or that additional information is required for such a determination, such request shall be considered to have been approved by the servicer. ``(b) Inapplicability to Certain Existing Mortgages.--Subsection (a) shall not apply with respect to any residential mortgage with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of the enactment of the Prompt Decision for Qualification of Short Sale Act of 2010 explicitly providing a procedure or terms for approval of a short sale. ``(c) Treatment of Other Time Limits.--This section may not be construed to preempt, annul, or otherwise affect any other provision of law or of any contract or program that provides a shorter period than is provided under subsection (a) for a decision by the servicer of a residential mortgage loan regarding a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan. ``(d) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Residential mortgage loan.--The term `residential mortgage loan' means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or an extension of credit relating to a plan described in section 101(53D) of title 11, United States Code. ``(2) Securitization vehicle.--The term `securitization vehicle' means a trust, special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation certificates, or similar instruments backed by or referring to a pool of assets that includes residential mortgage loans (or instruments that are related to residential mortgage loans, such as credit-linked notes). ``(3) Servicer.--The term `servicer' has the meaning provided in section 129A, except that such term includes a person who makes or holds a residential mortgage loan (including a pool of residential mortgage loans) if such person also services the loan. ``(4) Short sale.--The term `short sale' means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a residential mortgage loan that-- ``(A) will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and ``(B) requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder.''. (b) Applicability.--The amendment made by subsection (a) of this section shall apply to any written request for a short sale made after the date of the enactment of this Act.
Prompt Decision for Qualification of Short Sale Act of 2010 - Amends the Truth in Lending Act to consider approved a mortgagor's written request to a mortgage loan servicer for a short sale of a dwelling or residential real property if the mortgagor has not received, within 45 days after the servicer's receipt of the request, a written notification of whether the request has been approved, specified changes are required, or additional information is required. Declares this Act inapplicable to certain residential mortgages entered into before enactment of this Act which explicitly provide a procedure or terms for a short sale approval.
{"src": "billsum_train", "title": "To require the lender or servicer of a home mortgage, upon a request by the homeowner for a short sale, to make a prompt decision whether to allow the sale."}
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SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Small Property and Casualty Insurance Company Equity Act of 1993''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. SMALL COMPANY DEDUCTION. (a) Section 832(c) is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``; and'', and by adding at the end thereof the following new paragraph: ``(14) the small insurance company deduction allowed by subsection (h).'' (b) Section 832 is amended by adding at the end thereof the following new subsections: ``(h) Small Insurance Company Deduction.--In the case of taxable years beginning after December 31, 1992-- ``(1) In general.--There shall be allowed as a deduction for the taxable year 60 percent of so much of the tentative taxable income for such taxable year as does not exceed $3,000,000 (hereinafter in this section referred to as the `small insurance company deduction'). ``(2) Phaseout between $3,000,000 and $15,000,000.--The amount of the small insurance company deduction determined under paragraph (1) for any taxable year shall be reduced (but not below zero) by 15 percent of so much of the tentative taxable income for such taxable year as exceeds $3,000,000. ``(3) Small insurance company deduction not allowable to company with assets of $500,000,000 or more.-- ``(A) In general.--The small insurance company deduction shall not be allowed for any taxable year to any insurance company which, at the close of such taxable year, has assets equal to or greater than $500,000,000. ``(B) Assets.--For purposes of this paragraph, the term `assets' means all assets of the company. ``(C) Valuation of assets.--For purposes of this paragraph, the amount attributable to-- ``(i) real property and stock shall be the fair market value thereof, and ``(ii) any other asset shall be the adjusted basis of such asset for purposes of determining gain on sale or other disposition. ``(D) Special rule for interests in partnerships and trusts.--For purposes of this paragraph-- ``(i) an interest in a partnership or trust shall not be treated as an asset of the company, but ``(ii) the company shall be treated as actually owning its proportionate share of the assets held by the partnership or trust (as the case may be). ``(i) Tentative Taxable Income.--For purposes of subsection (h)-- ``(1) In general.--The term `tentative taxable income' means taxable income determined without regard to the small insurance company deduction. ``(2) Exclusion of items attributable to noninsurance businesses.--The amount of the tentative taxable income for any taxable year shall be determined without regard to all items attributable to noninsurance businesses. ``(3) Noninsurance businesses.-- ``(A) In general.--The term ``noninsurance business'' means any activity which is not an insurance business. ``(B) Certain activities treated as insurance businesses.--For purposes of subparagraph (A), any activity which is not an insurance business shall be treated as an insurance business if-- ``(i) it is of a type traditionally carried on by insurance companies for investment purposes, but only if the carrying on of such activity (other than in the case of real estate) does not constitute the active conduct of a trade or business, or ``(ii) it involves the performance of administrative services in connection with plans providing property or casualty insurance benefits. ``(C) Limitation of amount of loss from noninsurance business which may offset income from insurance business.--In computing the taxable income of any insurance company subject to tax imposed by section 831, any loss from a noninsurance business shall be limited under the principles of section 1503(c). ``(j) Special Rule for Controlled Groups.-- ``(1) Small insurance company deduction determined on controlled group basis.--For purposes of subsections (h) and (i)-- ``(A) all insurance companies which are members of the same controlled group shall be treated as 1 insurance company, and ``(B) any small insurance company deduction determined with respect to such group shall be allocated among the insurance companies which are members of such group in proportion to their respective tentative taxable incomes. ``(2) Noninsurance members included for asset test.--For purposes of subsection (h)(3), all members of the same controlled group (whether or not insurance companies) shall be treated as 1 company. ``(3) Controlled group.--For purposes of this subsection, the term `controlled group' means any controlled group of corporations (as defined in section 1563(a)); except that subsections (a)(4) and (b)(2)(D) of section 1563 shall not apply. ``(4) Adjustments to prevent excess detriment or benefit.-- Under regulations prescribed by the Secretary, proper adjustments shall be made in the application of this subsection to prevent any excess detriment or benefit (whether from year- to-year or otherwise) arising from the application of this subsection.'' SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1992.
Small Property and Casualty Insurance Company Equity Act of 1993 - Amends the Internal Revenue Code to allow a small insurance company deduction of the tentative taxable income of certain companies involved with property or casualty insurance.
{"src": "billsum_train", "title": "Small Property and Casualty Insurance Company Equity Act of 1993"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medigap Portability Act of 1997''. SEC. 2. MEDIGAP AMENDMENTS. (a) Guaranteeing Issue Without Preexisting Conditions for Continuously Covered Individuals.--Section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended-- (1) in paragraph (3), by striking ``paragraphs (1) and (2)'' and inserting ``this subsection'', (2) by redesignating paragraph (3) as paragraph (4), and (3) by inserting after paragraph (2) the following new paragraph: ``(3)(A) The issuer of a medicare supplemental policy-- ``(i) may not deny or condition the issuance or effectiveness of a medicare supplemental policy described in subparagraph (C); ``(ii) may not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition (including both physical and mental illnesses), claims experience, receipt of health care, medical history, genetic information, evidence of insurability (including conditions arising out of acts of domestic violence), or disability; and ``(iii) may not impose an exclusion of benefits based on a pre-existing condition, in the case of an individual described in subparagraph (B) who seeks to enroll under the policy not later than 63 days after the date of the termination of enrollment described in such subparagraph. ``(B) An individual described in this subparagraph is an individual described in any of the following clauses: ``(i) The individual is enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A) and such enrollment ceases either because the individual moves outside the service area of the organization under the contract or agreement or because of the termination or nonrenewal of the contract or agreement. ``(ii) The individual is enrolled with an organization under a policy described in subsection (t) and such enrollment ceases either because the individual moves outside the service area of the organization under the policy, because of the bankruptcy or insolvency of the insurer, or because the insurer closes the block of business to new enrollment. ``(iii) The individual is covered under a medicare supplemental policy and such coverage is terminated because of the bankruptcy or insolvency of the insurer issuing the policy, because the insurer closes the block of business to new enrollment, or because the individual changes residence so that the individual no longer resides in a State in which the issuer of the policy is licensed. ``(iv) The individual is enrolled under an employee welfare benefit plan that provides health benefits that supplement the benefits under this title and the plan terminates or ceases to provide (or significantly reduces) such supplemental health benefits to the individual. ``(v)(I) The individual is enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A) and such enrollment is terminated by the enrollee during the first 12 months of such enrollment, but only if the individual never was previously enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A). ``(II) The individual is enrolled under a policy described in subsection (t) and such enrollment is terminated during the first 12 months of such enrollment, but only if the individual never was previously enrolled under such a policy under such subsection. ``(C)(i) Subject to clause (ii), a medicare supplemental policy described in this subparagraph, with respect to an individual described in subparagraph (B), is a policy the benefits under which are comparable or lesser in relation to the benefits under the enrollment described in subparagraph (B) (or, in the case of an individual described in clause (ii), under the most recent medicare supplemental policy described in clause (ii)(II)). ``(ii) An individual described in this clause is an individual who-- ``(I) is described in subparagraph (B)(v), and ``(II) was enrolled in a medicare supplemental policy within the 63 day period before the enrollment described in such subparagraph. ``(iii) As a condition for approval of a State regulatory program under subsection (b)(1) and for purposes of applying clause (i) to policies to be issued in the State, the regulatory program shall provide for the method of determining whether policy benefits are comparable or lesser in relation to other benefits. With respect to a State without such an approved program, the Secretary shall establish such method. ``(D) At the time of an event described in subparagraph (B) because of which an individual ceases enrollment or loses coverage or benefits under a contract or agreement, policy, or plan, the organization that offers the contract or agreement, the insurer offering the policy, or the administrator of the plan, respectively, shall notify the individual of the rights of the individual, and obligations of issuers of medicare supplemental policies, under subparagraph (A).''. (b) Limitation on Imposition of Preexisting Condition Exclusion During Initial Open Enrollment Period.--Section 1882(s)(2)(B) of such Act (42 U.S.C. 1395ss(s)(2)(B)) is amended to read as follows: ``(B) In the case of a policy issued during the 6-month period described in subparagraph (A), the policy may not exclude benefits based on a pre-existing condition.''. (c) Clarifying the Nondiscrimination Requirements During the 6- Month Initial Enrollment Period.--Section 1882(s)(2)(A) of such Act (42 U.S.C. 1395ss(s)(2)(A)) is amended to read as follows: ``(2)(A)(i) In the case of an individual described in clause (ii), the issuer of a medicare supplemental policy-- ``(I) may not deny or condition the issuance or effectiveness of a medicare supplemental policy, and ``(II) may not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition (including both physical and mental illnesses), claims experience, receipt of health care, medical history, genetic information, evidence of insurability (including conditions arising out of acts of domestic violence), or disability. ``(ii) An individual described in this clause is an individual for whom an application is submitted before the end of the 6-month period beginning with the first month as of the first day on which the individual is 65 years of age or older and is enrolled for benefits under part B.''. (d) Extending 6-Month Initial Enrollment Period to Non-Elderly Medicare Beneficiaries.--Section 1882(s)(2)(A)(ii) of such Act (42 U.S.C. 1395ss(s)(2)(A)), as amended by subsection (c), is amended by striking ``is submitted'' and all that follows and inserting the following: ``is submitted-- ``(I) before the end of the 6-month period beginning with the first month as of the first day on which the individual is 65 years of age or older and is enrolled for benefits under part B; and ``(II) for each time the individual becomes eligible for benefits under part A pursuant to section 226(b) or 226A and is enrolled for benefits under part B, before the end of the 6- month period beginning with the first month as of the first day on which the individual is so eligible and so enrolled.''. (e) Effective Dates.-- (1) Guaranteed issue.--The amendment made by subsection (a) shall take effect on January 1, 1998. (2) Limit on preexisting condition exclusions.--The amendment made by subsection (b) shall apply to policies issued on or after January 1, 1998. (3) Clarification of nondiscrimination requirements.--The amendment made by subsection (c) shall apply to policies issued on or after January 1, 1998. (4) Extension of enrollment period to disabled individuals.-- (A) In general.--The amendment made by subsection (d) shall take effect on July 1, 1998. (B) Transition rule.--In the case of an individual who first became eligible for benefits under part A of title XVIII of the Social Security Act pursuant to section 226(b) or 226A of such Act and enrolled for benefits under part B of such title before July 1, 1998, the 6-month period described in section 1882(s)(2)(A) of such Act shall begin on July 1, 1998. Before July 1, 1998, the Secretary of Health and Human Services shall notify any individual described in the previous sentence of their rights in connection with medicare supplemental policies under section 1882 of such Act, by reason of the amendment made by subsection (d). (f) Transition Provisions.-- (1) In general.--If the Secretary of Health and Human Services identifies a State as requiring a change to its statutes or regulations to conform its regulatory program to the changes made by this section, the State regulatory program shall not be considered to be out of compliance with the requirements of section 1882 of the Social Security Act due solely to failure to make such change until the date specified in paragraph (4). (2) NAIC standards.--If, within 9 months after the date of the enactment of this Act, the National Association of Insurance Commissioners (in this subsection referred to as the ``NAIC'') modifies its NAIC model regulation relating to section 1882 of the Social Security Act (referred to in such section as the 1991 NAIC Model Regulation, as modified pursuant to section 171(m)(2) of the Social Security Act Amendments of 1994 (Public Law 103-432) and as modified pursuant to section 1882(d)(3)(A)(vi)(IV) of the Social Security Act, as added by section 271(a) of the Health Care Portability and Accountability Act of 1996 (Public Law 104-191) to conform to the amendments made by this section, such revised regulation incorporating the modifications shall be considered to be the applicable NAIC model regulation (including the revised NAIC model regulation and the 1991 NAIC model regulation) for the purposes of such section. (3) Secretary standards.--If the NAIC does not make the modifications described in paragraph (2) within the period specified in such paragraph, the Secretary of Health and Human Services shall make the modifications described in such paragraph and such revised regulation incorporating the modifications shall be considered to be the appropriate regulation for the purposes of such section. (4) Date specified.-- (A) In general.--Subject to subparagraph (B), the date specified in this paragraph for a State is the earlier of-- (i) the date the State changes its statutes or regulations to conform its regulatory program to the changes made by this section, or (ii) 1 year after the date the NAIC or the Secretary first makes the modifications under paragraph (2) or (3), respectively. (B) Additional legislative action required.--In the case of a State which the Secretary identifies as-- (i) requiring State legislation (other than legislation appropriating funds) to conform its regulatory program to the changes made in this section, but (ii) having a legislature which is not scheduled to meet in the calendar year in which the modifications under paragraph (2) or (3) are made in a legislative session in which such legislation may be considered, the date specified in this paragraph is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after July 1 of the calendar year referred to in clause (ii). For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 3. INFORMATION FOR MEDICARE BENEFICIARIES. (a) Grant Program.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') is authorized to provide grants to-- (A) private, independent, non-profit consumer organizations, and (B) State agencies, to conduct programs to prepare and make available to medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a medicare managed care contract and in medicare supplemental policies in which they are eligible to enroll. Nothing in this section shall be construed as preventing the Secretary from making a grant to an organization under this section to carry out activities for which a grant may be made under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508). (2) Consumer satisfaction surveys.--Any eligible organization with a medicare managed care contract or any issuer of a medicare supplemental policy shall-- (A) conduct, in accordance with minimum standards approved by the Secretary, a consumer satisfaction survey of the enrollees under such contract or such policy; and (B) make the results of such survey available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. The Secretary shall make the results of such surveys available to organizations which receive grants under paragraph (1). (3) Information.-- (A) Contents.--The information described in paragraph (1) shall include at least a comparison of such contracts and policies, including a comparison of the benefits provided, quality and performance, the costs to enrollees, the results of consumer satisfaction surveys on such contracts and policies, as described in subsection (a)(2), and such additional information as the Secretary may prescribe. (B) Information standards.--The Secretary shall develop standards and criteria to ensure that the information provided to medicare beneficiaries under a grant under this section is complete, accurate, and uniform. (C) Review of information.--The Secretary may prescribe the procedures and conditions under which an organization that has obtained a grant under this section may furnish information obtained under the grant to medicare beneficiaries. Such information shall be submitted to the Secretary at least 45 days before the date the information is first furnished to such beneficiaries. (4) Consultation with other organizations and providers.-- An organization which receives a grant under paragraph (1) shall consult with private insurers, managed care plan providers and other health care providers, and public and private purchasers of health care benefits in order to provide the information described in paragraph (1). (5) Terms and conditions.--To be eligible for a grant under this section, an organization shall prepare and submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. Grants made under this section shall be in accordance with terms and conditions specified by the Secretary. (b) Cost-Sharing.-- (1) In general.--Each organization which provides a medicare managed care contract or issues a medicare supplemental policy (including a medicare select policy) shall pay to the Secretary its pro rata share (as determined by the Secretary) of the estimated costs to be incurred by the Secretary in providing the grants described in subsection (a). (2) Limitation.--The total amount required to be paid under paragraph (1) shall not exceed $35,000,000 in any fiscal year. (3) Application of proceeds.--Amounts received under paragraph (1) are hereby appropriated to the Secretary to defray the costs described in such paragraph and shall remain available until expended. (c) Definitions.--In this section: (1) Medicare managed care contract.--The term ``medicare managed care contract'' means a contract under section 1876 or section 1833(a)(1)(A) of the Social Security Act. (2) Medicare supplemental policy.--The term ``medicare supplemental policy'' has the meaning given such term in section 1882(g) of the Social Security Act.
Medigap Portability Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act with respect to Medicare supplemental (Medigap) policies, providing for additional consumer protections, among them: (1) guaranteeing policy issuance (with no preexisting condition exclusions and no discrimination in pricing because of the individual's health, claims experience, or disability) to certain individuals who have had continuous coverage (or no break in coverage longer than 63 days), if the policy in which they wish to enroll has a comparable or less generous benefits package; (2) prohibiting insurers from excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare; and (3) extending the six-month initial enrollment period to non-elderly Medicare beneficiaries. Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medigap policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medigap policy to conduct a consumer satisfaction survey of the enrollees under such contract or policy, and make the results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medigap policy to pay to the Secretary its pro rata share of the estimated costs to be incurred in providing the grants.
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SEC. 1. SHORT TITLE. This Act may be cited as the ``Stop Solid Waste Incineration Act of 2005''. SEC. 2. STATE IMPLEMENTATION PLANS. (a) Submission of Plans.--Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator''), within one year after the enactment of this Act, a 3-year implementation plan to achieve each of the following: (1) Increased recycling by at least 75 percent over the 3- year period. (2) Water source pollution reduction. (3) The restriction of landfill dumping to materials that are not recyclable or compostable. (4) The phasing out of incineration of solid waste within 4 years and 6 months after the enactment of this Act. (5) A waste reduction rate of 10 percent. (6) An increase in composting of 10 percent. (b) Procedures.--Each implementation plan submitted by a State under this Act shall be adopted by the State after reasonable notice and public hearing. No such plan may be implemented by the State until approved by the Administrator under this Act. Each such plan shall-- (1) include enforceable limitations and other control measures, means, or techniques, as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act; (2) provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to-- (A) monitor, compile, and analyze data on compliance with this Act; and (B) make such data available to the Administrator; (3) include a program to provide for the enforcement of the measures described in paragraph (1); (4) provide for revision of such plan whenever the Administrator finds on the basis of information available to the Administrator that the plan is inadequate to comply with the requirements established under this Act; and (5) provide for consultation and participation by local political subdivisions affected by the plan. (c) Environmental Protection Agency Action on Plan Submissions.-- (1) Completeness of plan submissions.-- (A) Completeness criteria.--Within 6 months after the date of the enactment of this Act, the Administrator shall promulgate minimum criteria that any plan submission must meet before the Administrator is required to act on such submission under this subsection. The criteria shall be limited to the information necessary to enable the Administrator to determine whether the plan submission complies with the provisions of this Act. (B) Completeness finding.--Within 6 months after the Administrator's receipt of a plan or plan revision under this Act, the Administrator shall determine whether the plan or revision complies with this Act and approve or reject the plan or plan revision. If the plan is approved, the State shall begin implementation immediately. If the plan is rejected, the Environmental Protection Agency will inform the State why the plan was rejected. That State then has 3 months to submit a new plan. (C) Effect of finding of incompleteness.--Where the Administrator determines that any part of a plan submission meets the requirements of this Act and approves such part and disapproves the plan in part, the State shall immediately implement the approved part or parts and submit a revised plan respecting the remaining parts within 3 months after the date of the Administrator's disapproval. (2) Deadline for action.--Within 12 months of a determination by the Administrator (or a determination deemed by operation of law) under paragraph (1) that a State has submitted a plan or plan revision (or, in the Administrator's discretion, part thereof) that meets the minimum criteria established pursuant to paragraph (1), if applicable (or, if those criteria are not applicable, within 12 months of submission of the plan or revision), the Administrator shall act on the submission in accordance with paragraph (3). (3) Full and partial approval and disapproval.--In the case of any submittal on which the Administrator is required to act under paragraph (2), the Administrator shall approve such submittal as a whole if it meets all of the applicable requirements of this Act. If a portion of the plan revision meets all the applicable requirements of this Act, the Administrator may approve the plan revision in part and disapprove the plan revision in part. The plan revision shall not be treated as meeting the requirements of this Act until the Administrator approves the entire plan revision as complying with the applicable requirements of this Act. (4) Conditional approval.--The Administrator may approve a plan revision based on a commitment of the State to adopt specific enforceable measures by a date certain, but not later than 1 year after the date of approval of the plan revision. Any such conditional approval shall be treated as a disapproval if the State fails to comply with such commitment. (5) Calls for plan revisions.--Whenever the Administrator finds that the applicable implementation plan for any area is substantially inadequate to comply with any requirement of this Act, the Administrator shall require the State to revise the plan as necessary to correct such inadequacies. The Administrator shall notify the State of the inadequacies, and may establish reasonable deadlines (not to exceed 6 months after the date of such notice) for the submission of such plan revisions. Such findings and notice shall be public. (6) Corrections.--Whenever the Administrator determines that the Administrator's action approving, disapproving, or promulgating any plan or plan revision (or part thereof) was in error, the Administrator may in the same manner as the approval, disapproval, or promulgation revise such action as appropriate without requiring any further submission from the State. Such determination and the basis thereof shall be provided to the State and public. (d) Plan Revisions.--Each revision to an implementation plan submitted by a State under this Act shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision of a plan if the revision would not comply with any applicable requirement of this Act. (e) Sanctions.--The Administrator may apply any of the sanctions listed in section 2 whenever the Administrator makes a finding, disapproval, or determination under section 2(a) in relation to any plan. (f) Federal Implementation Plans.--The Administrator shall promulgate a Federal implementation plan at any time within 2 years after the Administrator-- (1) finds that a State has failed to make a required submission or finds that the plan or plan revision submitted by the State does not satisfy the minimum criteria established under this Act; or (2) disapproves a State implementation plan submission in whole or in part, unless the State corrects the deficiency, and the Administrator approves the plan or plan revision, before the Administrator promulgates such Federal implementation plan. SEC. 3. SANCTIONS. (a) State Failure.--For any implementation plan or plan revision required under this part or required in response to a finding of substantial inadequacy as described in section 1, if the Administrator-- (1) finds that a State has failed to submit a plan, or to submit 1 or more of the elements (as determined by the Administrator) required by the provisions of this Act; (2) disapproves in whole or in part a plan submission under section 1; and (3) finds that any requirement of an approved plan (or approved part of a plan) is not being implemented, unless such deficiency has been corrected within 18 months after the finding, disapproval, or determination referred to in paragraphs (1), (2), and (3), the sanctions referred to in subsection (b) shall apply until the Administrator determines that the State has come into compliance. (b) Sanctions.--(1) The Administrator may impose a prohibition, applicable to a State, on the approval by the Secretary of Transportation of any projects or the awarding by the Secretary of any grants, under title 23, United States Code, other than projects or grants for safety where the Secretary determines, based on accident or other appropriate data submitted by the State, that the principal purpose of the project is an improvement in safety to resolve a demonstrated safety problem and likely will result in a significant reduction in, or avoidance of, accidents. Such prohibition shall become effective upon the selection by the Administrator of this sanction. (2) In addition to safety, projects or grants that may be approved by the Secretary, notwithstanding the prohibition in paragraph (1), are the following-- (A) capital programs for public transit; (B) construction or restriction of certain roads or lanes solely for the use of passenger buses or high occupancy vehicles; (C) highway ramp metering, traffic signalization, and related programs that improve traffic flow; (D) fringe and transportation corridor parking facilities serving multiple occupancy vehicle programs or transit operations; (E) programs to limit or restrict vehicle use in downtown areas or other areas of emission concentration particularly during periods of peak use, through road use charges, tolls, parking surcharges, or other pricing mechanisms, vehicle restricted zones or periods, or vehicle registration programs; and (F) programs for breakdown and accident scene management, nonrecurring congestion, and vehicle information systems, to reduce congestion. SEC. 4. INCENTIVES. (a) Grant Program.--The Administrator is authorized to make grants to each State that phases out the incineration of solid waste prior to the deadline established under this Act. Such grants are to be used for the purpose of finding alternative, environmental friendly means of solid waste disposal. The Administrator may make grants under this subsection in the amount of-- (1) $60,000,000 to States that phase out the incineration of solid waste within 1 year after the enactment of this Act; (2) $40,000,000 to States that phase out the incineration of solid waste within 2 years after the enactment of this Act; and (3) $25,000,000 to States that phase out the incineration of solid waste within 3 years after the enactment of this Act. (b) Interstate Waste Authority.--On the date that a State phases out the incineration of solid waste, such State shall have the authority to limit or restrict the importation of solid waste in such State.
Stop Solid Waste Incineration Act of 2005 - Requires each State to adopt and submit to the Administrator of the Environmental Protection Agency (EPA) a three-year implementation plan to achieve: (1) increased recycling by at least 75 percent; (2) water source pollution reduction; (3) restriction of landfill dumping to materials that are not recyclable or compostable; (4) the phasing out of solid waste incineration within four years and six months after this Act's enactment; (5) a waste reduction rate of ten percent; and (6) an increase in composting of ten percent. Provides for Federal implementation plans for States that fail to meet plan submission and approval requirements. Authorizes the Administrator to impose a prohibition on the approval by the Secretary of Transportation of certain highway projects or awarding of highway grants applicable to a State that fails to submit a plan, has a plan submission disapproved, or fails to implement a requirement of an approved plan.Provides for grants to States that phase out the incineration of solid waste prior to the deadline established under this Act.Grants a State the authority to limit or restrict the importation of solid waste on the date the State phases out solid waste incineration.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Territorial Health Parity Act of 2009''. SEC. 2. MEDICAID PAYMENT PARITY FOR THE TERRITORIES. (a) Elimination of Funding Limitations for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.-- (1) In general.--Section 1108 of the Social Security Act (42 U.S.C. 1308) is amended-- (A) in subsection (f), in the matter before paragraph (1), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; (B) in subsection (g)(2), in the matter before subparagraph (A), by inserting ``and subsection (h)'' after ``paragraph (3)''; and (C) by adding at the end the following new subsection: ``(h) Sunset of Funding Limitations for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.-- Subsections (f) and (g) shall not apply to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa for any fiscal year after fiscal year 2009.''. (2) Conforming amendment.--Section 1903(u) of such Act (42 U.S.C. 1396c(u)) is amended by striking paragraph (4). (3) Effective date.--The amendments made by this subsection shall apply beginning with fiscal year 2010. (b) Parity in FMAP.-- (1) In general.--Section 1905(b)(2) of such Act (42 U.S.C. 1396d(b)(2)) is amended by inserting after ``50 per centum'' the following: ``(except that, beginning with fiscal year 2012, the Federal medical assistance percentage for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be the Federal medical assistance percentage determined by the Secretary in consultation (for the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa) with the Secretary of the Interior)''. (2) 2-fiscal-year transition.--Notwithstanding any other provision of law, during fiscal years 2010 and 2011, the Federal medical assistance percentage established under section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be the highest such Federal medical assistance percentage applicable to any of the 50 States or the District of Columbia for the fiscal year involved, taking into account the application of subsections (a) and (b)(1) of 5001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) to such States and District for calendar quarters during such fiscal years for which such subsections apply respectively. (3) Per capita income data.-- (A) Report to congress.--Not later than October 1, 2010, the Secretary of Health and Human Services shall submit to Congress a report that describes the per capita income data used to promulgate the Federal medical assistance percentage in the territories and how such data differ from the per capita income data used to promulgate Federal medical assistance percentages for the 50 States and the District of Columbia. The report should include recommendations on how the Federal medical assistance percentages can be calculated for the territories to ensure parity with the 50 States and the District of Columbia. (B) Application.--Section 1101(a)(8)(B) of the Social Security Act (42 U.S.C. 1308(a)(8)(B)) is amended-- (i) by striking ``(other than Puerto Rico, the Virgin Islands, and Guam)'' and inserting ``(including Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa)''; and (ii) by inserting ``(or, if such satisfactory data are not available in the case of the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa, satisfactory data available from the Department of the Interior for the same period, or if such satisfactory data are not available in the case of Puerto Rico, satisfactory data available from the Government of the Commonwealth of Puerto Rico for the same period)'' after ``Department of Commerce''. (4) Relation to american recovery and reinvestment act of 2009.--For any period and territory in which the provisions of this subsection apply to a territory, the provisions of section 5001(b)(2) of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall not apply (except as otherwise specifically provided in paragraph (2)). SEC. 3. CLARIFICATION OF MEDICAID COVERAGE FOR CITIZENS OF FREELY ASSOCIATED STATES. (a) In General.--Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end the following: ``(G) Medicaid exception for citizens of freely associated states.--With respect to eligibility for benefits for the program defined in paragraph (3)(C) (relating to the Medicaid program), paragraph (1) shall not apply to any individual who lawfully resides in the United States (including territories and possessions of the United States) in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.''. (b) Conforming Definition of Qualified Alien.--Section 431(b) of such Act (8 U.S.C. 1641(b)) is amended-- (1) in paragraph (6), by striking ``or'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(8) an individual who lawfully resides in the United States (including territories and possessions of the United States) in accordance with a Compact of Free Association referred to in section 402(b)(2)(G), but only with respect to the program defined in section 402(b)(3)(C) (relating to the Medicaid program).''. (c) Setting FMAP at 100 Percent.--The third sentence of section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by inserting before the period at the end the following: ``and as medical assistance for individuals described in section 402(b)(2)(G) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996''. (d) Effective Date.--The amendments made by this Act take effect on October 1, 2009, Act and apply to benefits and assistance provided on or after that date.
Territorial Health Parity Act of 2009 - Amends title XI of the Social Security Act (SSA) to sunset at the end of FY2009 the limitation on Medicaid payments to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Amends SSA title XIX (Medicaid) to: (1) repeal, as of the end of FY2011, the federal medical assistance percentage (FMAP) of 50% that applies to such territories; and (2) set the new FMAP for such territories at one determined by the Secretary of Health and Human Services (Secretary) in consultation with the Secretary of the Interior. Specifies a transitional FMAP for such territories for FY2010-FY2011. Requires the Secretary to report to Congress on the per capita income data used to promulgate the FMAP in the territories and how such data differ from the per capita income data used to promulgate FMAPs for the 50 states and the District of Columbia. Requires the report to include recommendations on how FMAPs can be calculated for the territories to ensure parity with the 50 states and the District of Columbia. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to extend the Medicaid program to the citizens of the Freely Associated States (Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau). Amends SSA title XIX to set a 100% FMAP for otherwise qualified services rendered to such citizens.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Liberty Protection Act of 1999''. SEC. 2. PROTECTION OF RELIGIOUS EXERCISE. (a) General Rule.--Except as provided in subsection (b), a government shall not substantially burden a person's religious exercise-- (1) in a program or activity, operated by a government, that receives Federal financial assistance; or (2) in any case in which the substantial burden on the person's religious exercise affects, or in which a removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability. (b) Exception.--A government may substantially burden a person's religious exercise if the government demonstrates that application of the burden to the person-- (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (c) Remedies of the United States.--Nothing in this section shall be construed to authorize the United States to deny or withhold Federal financial assistance as a remedy for a violation of this Act. However, nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General or the United States or any agency, officer, or employee thereof under other law, including section 4(d) of this Act, to institute or intervene in any action or proceeding. SEC. 3. ENFORCEMENT OF CONSTITUTIONAL RIGHTS. (a) Procedure.--If a claimant produces prima facie evidence to support a claim alleging a violation of the Free Exercise Clause or a violation of a provision of this Act enforcing that clause, the government shall bear the burden of persuasion on any element of the claim; however, the claimant shall bear the burden of persuasion on whether the challenged government practice, law, or regulation burdens or substantially burdens the claimant's exercise of religion. (b) Land Use Regulation.-- (1) Limitation on land use regulation.-- (A) Where, in applying or implementing any land use regulation or exemption, or system of land use regulations or exemptions, a government has the authority to make individualized assessments of the proposed uses to which real property would be put, the government may not impose a substantial burden on a person's religious exercise, unless the government demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest. (B) No government shall impose or implement a land use regulation in a manner that does not treat religious assemblies or institutions on equal terms with nonreligious assemblies or institutions. (C) No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination. (D) No government with zoning authority shall unreasonably exclude from the jurisdiction over which it has authority, or unreasonably limit within that jurisdiction, assemblies or institutions principally devoted to religious exercise. (2) Full faith and credit.--Adjudication of a claim of a violation of the Free Exercise Clause or this subsection in a non-Federal forum shall be entitled to full faith and credit in a Federal court only if the claimant had a full and fair adjudication of that claim in the non-Federal forum. (3) Nonpreemption.--Nothing in this subsection shall preempt State law that is equally or more protective of religious exercise. SEC. 4. JUDICIAL RELIEF. (a) Cause of Action.--A person may assert a violation of this Act as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. (b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended-- (1) by inserting ``the Religious Liberty Protection Act of 1998,'' after ``Religious Freedom Restoration Act of 1993,''; and (2) by striking the comma that follows a comma. (c) Prisoners.--Any litigation under this Act in which the claimant is a prisoner shall be subject to the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act). (d) Authority of United States To Enforce This Act.--The United States may sue for injunctive or declaratory relief to enforce compliance with this Act. SEC. 5. RULES OF CONSTRUCTION. (a) Religious Belief Unaffected.--Nothing in this Act shall be construed to authorize any government to burden any religious belief. (b) Religious Exercise Not Regulated.--Nothing in this Act shall create any basis for restricting or burdening religious exercise or for claims against a religious organization, including any religiously affiliated school or university, not acting under color of law. (c) Claims to Funding Unaffected.--Nothing in this Act shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity, but this Act may require government to incur expenses in its own operations to avoid imposing a burden or a substantial burden on religious exercise. (d) Other Authority To Impose Conditions on Funding Unaffected.-- Nothing in this Act shall-- (1) authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (2) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. (e) Governmental Discretion in Alleviating Burdens on Religious Exercise.--A government may avoid the preemptive force of any provision of this Act by changing the policy that results in the substantial burden on religious exercise, by retaining the policy and exempting the burdened religious exercise, by providing exemptions from the policy for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. (f) Effect on Other Law.--In a claim under section 2(a)(2) of this Act, proof that a substantial burden on a person's religious exercise, or removal of that burden, affects or would affect commerce, shall not establish any inference or presumption that Congress intends that any religious exercise is, or is not, subject to any other law. (g) Broad Construction.--This Act should be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by its terms and the Constitution. (h) Severability.--If any provision of this Act or of an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provision to any other person or circumstance shall not be affected. SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED. Nothing in this Act shall be construed to affect, interpret, or in any way address that portion of the first amendment to the Constitution prohibiting laws respecting an establishment of religion (referred to in this section as the ``Establishment Clause''). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this Act. As used in this section, the term ``granting'', used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions. SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT. (a) Definitions.--Section 5 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-2) is amended-- (1) in paragraph (1), by striking ``a State, or subdivision of a State'' and inserting ``a covered entity or a subdivision of such an entity''; (2) in paragraph (2), by striking ``term'' and all that follows through ``includes'' and inserting ``term `covered entity' means''; and (3) in paragraph (4), by striking all after ``means,'' and inserting ``any exercise of religion, whether or not compelled by, or central to, a system of religious belief, and includes (A) the use, building, or conversion of real property by a person or entity intending that property for religious exercise; and (B) any conduct protected as exercise of religion under the first amendment to the Constitution.''. (b) Conforming Amendment.--Section 6(a) of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking ``and State''. SEC. 8. DEFINITIONS. As used in this Act-- (1) the term ``religious exercise'' means any exercise of religion, whether or not compelled by, or central to, a system of religious belief, and includes (A) the use, building, or conversion of real property by a person or entity intending that property for religious exercise; and (B) any conduct protected as exercise of religion under the first amendment to the Constitution; (2) the term ``Free Exercise Clause'' means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion and includes the application of that proscription under the 14th amendment to the Constitution; (3) the term ``land use regulation'' means a law or decision by a government that limits or restricts a private person's uses or development of land, or of structures affixed to land, where the law or decision applies to one or more particular parcels of land or to land within one or more designated geographical zones, and where the private person has an ownership, leasehold, easement, servitude, or other property interest in the regulated land, or a contract or option to acquire such an interest; (4) the term ``program or activity'' means a program or activity as defined in paragraph (1) or (2) of section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a); (5) the term ``demonstrates'' means meets the burdens of going forward with the evidence and of persuasion; and (6) the term ``government''-- (A) means-- (i) a State, county, municipality, or other governmental entity created under the authority of a State; (ii) any branch, department, agency, instrumentality, subdivision, or official of an entity listed in clause (i); and (iii) any other person acting under color of State law; and (B) for the purposes of sections 3(a) and 5, includes the United States, a branch, department, agency, instrumentality or official of the United States, and any person acting under color of Federal law. Passed the House of Representatives July 15, 1999. Attest: JEFF TRANDAHL, Clerk.
Religious Liberty Protection Act of 1999 - Prohibits a government (defined as a State, an entity created under State authority, the United States, an instrumentality or official of the United States, or any person acting under color of State or Federal law) from substantially burdening a person's religious exercise: (1) in a government-operated program or activity receiving Federal financial assistance; or (2) in any case in which the burden affects, or in which removal of the burden would affect, international or interstate commerce or commerce with Indian tribes. Allows a substantial burden if the government demonstrates that it is the least restrictive means of furthering a compelling governmental interest. (Sec. 3) Places the burden of persuasion, when a claimant alleges a violation of the Free Exercise Clause or this Act, on: (1) the claimant regarding whether a substantial burden exists; and (2) the State regarding any other element of the claim. Prohibits a State, when applying a land use regulation or exemption in which the State has the authority to make individual assessments of proposed uses, from imposing a substantial burden unless the State demonstrates a that the burden is the least restrictive means of furthering a compelling governmental interest. Prohibits a State from: (1) imposing a land use regulation in a way that does not treat religious assemblies or institutions on equal terms with nonreligious assemblies or institutions; (2) imposing a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination; or (3) unreasonably excluding or limiting from a jurisdiction assemblies or institutions principally devoted to religious exercise. Declares that adjudication of a claim of a violation of the Free Exercise Clause or this paragraph in a non-Federal forum shall be entitled to full faith and credit in a Federal court only if the claimant had a full and fair adjudication of that claim in the non-Federal forum. Declares that this Act does not preempt State law that is equally or more protective of religious exercise. (Sec. 4) Empowers a person to assert a violation of this Act as a claim or defense in a judicial proceeding and obtain appropriate relief against a government, with standing governed by general standing rules under article III of the Constitution. Amends Federal law to add a reference to the Religious Liberty Protection Act of 1998 (sic) to provisions allowing the award of attorney's fees. Applies the Prison Litigation Reform Act of 1995 to litigation under this Act by prisoners. Empowers the United States to sue for injunctive or declaratory relief to enforce this Act. (Sec. 5) Declares that this Act does not: (1) authorize a State to burden any religious belief; (2) create any basis for burdening religious exercise or for claims against a religious organization not acting under color of law; (3) create or preclude a right of any religious organization to receive government funding or assistance or of any person to receive government funding for a religious activity (but allows this Act to require government to incur expenses in its own operations to avoid imposing a burden or a substantial burden on religious exercise); (4) authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (5) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. Declares that this Act should be construed in favor of broad protection of religious exercise, to the maximum extent permitted by its terms and the Constitution. (Sec. 6) Declares that nothing in this Act shall be construed to affect, interpret, or address the Establishment Clause of the Constitution (prohibiting laws respecting an establishment of religion). (Sec. 7) Amends the Religious Freedom Restoration Act of 1993 to end its applicability to the States and to make it applicable only to the Federal Government, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Redefines exercise of religion to mean any exercise of religion, whether or not compelled by or central to a system of religious belief, including: (1) the use, building, or converting of real property for religious exercise; and (2) any conduct protected as a religious exercise under the first amendment to the Constitution. (Sec. 8) Defines, for this Act, religious exercise to mean any exercise of religion, whether or not compelled by or central to a system of religious belief, including: (1) the use, building, or converting of real property for religious exercise; and (2) any conduct protected as a religious exercise under the first amendment to the Constitution.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Resilience Development Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) According to the New England Journal of Medicine, after September 11, 2001, Americans across the country, including children, had substantial symptoms of stress. Even clinicians who practice in regions that are far from the sites of the attacks should be prepared to assist people with trauma-related symptoms of stress. (2) According to Military Medicine, experiences from the 1995 chemical weapons attack by terrorists in the Tokyo subway system suggest that psychological casualties from a chemical attack will outnumber physical casualties by approximately 4 to 1. (3) According to Military Medicine, victims from the 1995 Tokyo attack continued to suffer from psychological symptoms 5 years later. (4) According to the Journal of the American Medical Association, the lessons learned from the 2001 anthrax attacks should motivate local health departments, health care organizations, and clinicians to engage in collaborative programs to enhance their communications and local preparedness and response capabilities. (5) According to the Institute of Medicine of the National Academy of Sciences, the Department of Health and Human Services and the Department of Homeland Security should analyze terrorism preparedness to ensure that the public health infrastructure is prepared to respond to the psychological consequences of terrorism, and Federal, State, and local disaster planers should address these psychological consequences in their planning and preparedness for terrorist attacks. (6) According to a national study by leading health care foundations, in this time of growing threats of terrorism, many doctors and other primary care providers are increasingly being confronted with patients who complain of aches and pains, or more serious symptoms, which mask serious anxiety or depression. (7) Substantial effort and funding are still needed to adequately understand and prepare for the psychological consequences associated with bioterrorism. (8) The integration of mental health into public health efforts, including integration and cooperation across Federal agencies and State public health and mental health authorities, is critical in addressing the psychological needs of the Nation with regard to terrorism. SEC. 3. GOALS. The goals of this Act are as follows: (1) To coordinate the efforts of different government agencies in researching, developing, and implementing programs and protocols designed to increase the psychological resilience and mitigate distress reactions and maladaptive behaviors of the American public as they relate to terrorism. (2) To facilitate the work of the Department of Homeland Security by incorporating programs and protocols designed to increase the psychological resilience, and mitigate distress reactions and maladaptive behaviors, of the American public into the Department's efforts in reducing the vulnerability of the United States to terrorism. (3) To identify effective interventions to the harmful psychosocial consequences of disasters and to integrate these interventions into the United States' plans to mitigate, plan for, respond to, and recover from potential and actual terrorist attacks. (4) To enable the States and localities to effectively respond to the psychosocial consequences of terrorism. (5) To integrate mental health and public health emergency preparedness and response efforts in the United States. SEC. 4. INTERAGENCY TASK FORCE ON NATIONAL RESILIENCE. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 319K the following: ``SEC. 319L. INTERAGENCY TASK FORCE ON NATIONAL RESILIENCE. ``(a) Establishment.--The Secretary shall convene and lead an interagency task force for the purpose of increasing the psychological resilience and mitigating distress reactions and maladaptive behaviors of the American public in preparation for, and in response to, a conventional, biological, chemical, or radiological attack on the United States. ``(b) Members.--The task force convened under this section shall include the Director of the Centers for Disease Control and Prevention, the Director of the National Institute of Mental Health, the Administrator of the Substance Abuse and Mental Health Services Administration, the Administrator of the Health Resources and Services Administration, the Director of the Office of Public Health Emergency Preparedness, the Surgeon General of the Public Health Service, and such other members as the Secretary deems appropriate. ``(c) Duties.--The duties of the task force convened under this section shall include the following: ``(1) Coordinating and facilitating the efforts of the Centers for Disease Control and Prevention, the National Institute of Mental Health, the Substance Abuse and Mental Health Services Administration, the Health Resources and Services Administration, the Office of Public Health Emergency Preparedness, and the Office of the Surgeon General of the Public Health Service in their endeavors to develop programs and protocols designed to increase the psychological resilience and mitigate distress reactions and maladaptive behaviors of the American public in preparation for, and in response to, a conventional, biological, chemical, or radiological attack on the United States. ``(2) Consulting with, and providing guidance to, the Department of Homeland Security in its efforts to integrate into its efforts in reducing the vulnerability of the United States to terrorism, programs and protocols designed to increase the psychological resilience and mitigate distress reactions and maladaptive behaviors of the American public in preparation for, and in response to, a conventional, biological, chemical, or radiological attack on the United States. ``(3) Consulting with the Department of Defense, the Department of Veterans Affairs, the American Red Cross, national organizations of health care and health care providers, and such other organizations and agencies as the task force deems appropriate. ``(4) Consulting with and providing guidance to the States for the purpose of enabling them to effectively respond to the psychosocial consequences of terrorism. ``(5) Developing strategies for encouraging State public health and mental health agencies to closely collaborate in the development of integrated, science-based programs and protocols designed to increase the psychological resilience and mitigate distress reactions and maladaptive behaviors of the public in preparation for, and in response to, a conventional, biological, chemical, or radiological attack on the United States. ``(6) Preparing and presenting to the Secretary of Health and Human Services and the Secretary of Homeland Security specific recommendations on how their respective departments, agencies, and offices can strengthen existing and planned terrorism preparedness, response, recovery, and mitigation initiatives by integrating programs and protocols designed to increase the psychological resilience and mitigate distress reactions and maladaptive behaviors of the American public. ``(d) Meetings.--The task force convened under this section shall meet not less than 4 times each year. ``(e) Staff.--The Secretary shall staff the task force as necessary to ensure it meets the goals set forth in section 3 of the National Resilience Development Act of 2003.''. SEC. 5. MENTAL HEALTH ACTIVITIES OF STATES, DISTRICT OF COLUMBIA, AND TERRITORIES REGARDING NATIONAL RESILIENCE. (a) Public Health Service Act.-- (1) Authorization.--Subsection (d) of section 319C-1 of the Public Health Service Act (42 U.S.C. 247d-3a) is amended by inserting after paragraph (18) the following: ``(19) To enable State mental health authorities, in close collaboration with the respective State public health authorities and the interagency task force convened under section 319L, to better understand and manage human emotional, behavioral, and cognitive responses to disasters, including by increasing the psychological resilience of the public and mitigating distress reactions and maladaptive behaviors that could occur in response to a conventional, biological, chemical, or radiological attack on the United States.''. (2) Funding.--Subparagraph (B) of section 319C-1(j)(1) of the Public Health Service Act (42 U.S.C. 247d-3a(j)(1)) is amended by adding at the end the following: ``Not less than 1 percent of the amounts appropriated pursuant to this subparagraph shall be used for the purpose of carrying out subsection (d)(19).''. (b) USA Patriot Act.-- (1) Authorization.--Subsection (b) of section 1014 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 3714) is amended-- (A) by striking ``may be used to purchase'' and inserting ``may be used for the following: ``(1) To purchase''; (B) by striking ``In addition, grants under this section may be used to construct'' and inserting the following: ``(2) To construct''; and (C) by inserting at the end the following: ``(3) To enable State mental health authorities, in close collaboration with the respective State public health authorities and the interagency task force convened under section 319L of the Public Health Service Act, to better understand and manage human emotional, behavioral, and cognitive responses to disasters, including by increasing the psychological resilience of the public and mitigating distress reactions and maladaptive behaviors that could occur in response to a conventional, biological, chemical, or radiological attack on the United States.''. (2) Funding.--Subsection (c) of section 1014 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 3714) is amended by adding at the end the following: ``(4) Mental health preparedness.--Not less than 1 percent of the amounts appropriated pursuant to this subsection shall be used for the purpose of carrying out subsection (b)(3).''. SEC. 6. EFFORTS BY FEMA REGARDING NATIONAL RESILIENCE. Paragraph (2) of section 507(a) of the Homeland Security Act of 2002 (6 U.S.C. 317(a)) is amended-- (1) in subparagraph (D), by striking ``; and'' at the end and inserting a semicolon; (2) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(F) of integrating into each of the Federal Emergency Management Agency's functions of mitigation, planning, response, and recovery, efforts to increase communities' psychological resilience and decrease distress reactions and maladaptive behaviors in individuals, and of coordinating such efforts with efforts by the interagency task force convened under section 319L of the Public Health Service Act and other efforts by the Department of Homeland Security.''. SEC. 7. ANNUAL REPORT BY SECRETARIES OF HHS AND HOMELAND SECURITY. Not less than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary of Health and Human Services and the Secretary of Homeland Security, acting jointly, shall submit a report to the Congress that includes the following: (1) The recommendations of the interagency task force convened under section 319L of the Public Health Service Act (as amended by section 4 of this Act) that are relevant to the Department of Health and Human Services or the Department of Homeland Security. (2) A description of the steps that have or have not been taken by each Federal department to implement the recommendations described in paragraph (1). (3) Thorough explanations for rejection of any recommendations made by the interagency task force convened under section 319L. (4) Other steps undertaken to meet the goals of this Act.
National Resilience Development Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to convene and lead an interagency task force for the purposes of mitigating distress reactions and maladaptive behaviors in Americans and increasing their psychological resilience in preparation for, and in response to, a conventional, biological, chemical, or radiological attack on the United States. Directs the task force to coordinate and facilitate the efforts of various public bodies to develop programs and protocols to achieve such purposes. Amends the Act and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001 to permit certain grants to go to activities aimed at enabling State mental health authorities, in coordination with State public health authorities and the interagency task force, to better understand and manage human emotional, behavioral, and cognitive responses to disasters. States that such efforts shall include increasing the psychological resilience of the public and mitigating distress reactions and maladaptive behaviors that could occur in response to an attack. Amends the Homeland Security Act of 2002 to direct the Federal Emergency Management Agency to integrate into each of its functions of mitigation, planning, response, and recovery, efforts to increase communities' psychological resilience and decrease distress reactions and maladaptive behaviors in individuals. Directs that FEMA take such measures in coordination with the interagency task force and other efforts by the Department of Homeland Security.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``First Responder Anthrax Preparedness Act''. SEC. 2. PRE-EVENT ANTHRAX VACCINATION PROGRAM FOR EMERGENCY RESPONSE PROVIDERS. (a) Anthrax Preparedness.-- (1) In general.--Title V of the Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 311 et seq.) is amended by adding at the end the following new section: ``SEC. 526. ANTHRAX PREPAREDNESS. ``(a) Pre-Event Anthrax Vaccination Program for Emergency Response Providers.--For the purpose of domestic preparedness for and collective response to terrorism, the Secretary, in coordination with the Secretary of Health and Human Services, shall establish a program to provide anthrax vaccines from the strategic national stockpile under section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d- 6b(a)) that will be nearing the end of their labeled dates of use at the time such vaccines are to be administered to emergency response providers who are at high risk of exposure to anthrax and who voluntarily consent to such administration, and shall-- ``(1) establish any necessary logistical and tracking systems to facilitate making such vaccines so available; ``(2) distribute disclosures regarding associated benefits and risks to end users; and ``(3) conduct outreach to educate emergency response providers about the voluntary program. ``(b) Threat Assessment.--The Secretary shall-- ``(1) support homeland security-focused risk analysis and risk assessments of the threats posed by anthrax from an act of terror; ``(2) leverage existing and emerging homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to an anthrax terror attack; and ``(3) share information and provide tailored analytical support on threats posed by anthrax to State, local, and tribal authorities, as well as other national biosecurity and biodefense stakeholders.''. (2) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by inserting at the end of the items relating to title V the following new item: ``Sec. 526. Anthrax preparedness.''. (b) Pilot Program.-- (1) In general.--In carrying out the pre-event vaccination program authorized in section 526(a) of the Homeland Security Act of 2002, as added by subsection (a), the Secretary of Homeland Security, in coordination with the Secretary of Health and Human Services, shall carry out a pilot program to provide anthrax vaccines to emergency response providers as so authorized. The duration of the pilot program shall be 24 months from the date the initial vaccines are administered to participants. (2) Preliminary requirements.--By not later than 1 year after the date of the enactment of this Act, and prior to implementing the pilot program under paragraph (1), the Secretary of Homeland Security shall-- (A) establish a communication platform for the pilot program; (B) establish education and training modules for the pilot program; (C) conduct economic analysis of the pilot program; and (D) create a logistical platform for the anthrax vaccine request process under the pilot program. (3) Location.--In carrying out the pilot program under this subsection, the Secretary of Homeland Security shall select emergency response providers based in at least two States for participation in the pilot program. (4) Distribution of information.--The Secretary of Homeland Security shall provide to each emergency response provider who participates in the pilot program under this subsection disclosures and educational materials regarding the associated benefits and risks of any vaccine provided under the pilot program and of exposure to anthrax. (5) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter until 1 year after the completion of the pilot program, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the progress and results of the pilot program, including the percentage of eligible emergency response providers, as determined by each pilot location, that volunteer to participate, the degree to which participants obtain necessary vaccinations, as appropriate, and recommendations to improve initial and recurrent participation in the pilot program. The report shall include a plan under which the Secretary plans to continue the program to provide vaccines to emergency response providers under section 526(a) of the Homeland Security Act of 2002, as added by subsection (a). (6) Deadline for implementation.--The Secretary of Homeland Security shall begin implementing the pilot program under this subsection by not later than the date that is 1 year after the date of the enactment of this Act. Passed the House of Representatives July 29, 2015. Attest: KAREN L. HAAS, Clerk.
First Responder Anthrax Preparedness Act (Sec. 2) Amends the Homeland Security Act of 2002 to direct the Department of Homeland Security (DHS), in coordination with the Department of Health and Human Services (HHS), for the purpose of domestic preparedness for and collective response to terrorism, to: (1) establish a program to provide surplus anthrax vaccines nearing the end of their labeled dates of use from the strategic national stockpile for administration to emergency response providers who are at high risk of exposure to anthrax and who voluntarily consent to such administration, (2) distribute disclosures regarding associated benefits and risks to end users, and (3) conduct outreach to educate emergency response providers about the program. Requires DHS to: (1) support homeland security-focused risk analysis and assessments of the threats posed by anthrax from an act of terror; (2) leverage homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to an anthrax terror attack; and (3) share information and provide tailored analytical support on threats posed by anthrax to state, local, and tribal authorities, as well as other national biosecurity and biodefense stakeholders. Directs DHS, in coordination with HHS, to carry out a 24-month pilot program to provide anthrax vaccines to emergency response providers. Requires DHS to: (1) establish a communication platform and education and training modules for such program, (2) conduct economic analysis of such program, (3) create a logistical platform for the anthrax vaccine request process, (4) select providers based in at least two states to participate, (5) provide to each participating provider disclosures and educational materials regarding the benefits and risks of any vaccine provided and of exposure to anthrax, and (6) submit annual reports on pilot program results and recommendations to improve pilot program participation. Requires the report to include a plan for continuation of the DHS program to provide vaccines to emergency response providers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Liability Insurance in Event of Spill Act'' or the ``LINES Act''. SEC. 2. DEFINITIONS. Section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701) is amended-- (1) by redesignating paragraphs (9), (10), (11), (12) through (15), (16) through (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34) through (37), (38), (39), (40), (41), (42), (43), and (44) as paragraphs (10), (13), (14), (17) through (20), (22) through (30), (32), (33), (36), (35), (37), (39), (38), (40), (41), (43) through (46), (34), (9), (11), (12), (21), (31), and (42), respectively; and (2) by inserting after paragraph (14) (as redesignated) the following: ``(15) Great lakes pipeline.--The term `Great Lakes pipeline' means any pipeline that crosses the navigable waters of the Great Lakes system. ``(16) Great lakes system.--The term `Great Lakes system' means-- ``(A) Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian border); and ``(B) any tributary of a lake or connecting channel described in subparagraph (A).''. SEC. 3. LIABILITY FOR GREAT LAKES PIPELINES. Section 1004(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) for a Great Lakes pipeline, the total of all removal costs plus $75,000,000.''. SEC. 4. FINANCIAL RESPONSIBILITY REQUIREMENT FOR GREAT LAKES PIPELINES. Section 1016(c) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)) is amended-- (1) in the subsection heading, by inserting ``and Great Lakes Pipelines'' after ``Facilities''; and (2) by adding at the end the following: ``(3) Great lakes pipelines.--A responsible party with respect to a Great Lakes pipeline shall establish and maintain evidence of financial responsibility in the same manner as described in paragraph (1).''. SEC. 5. EMERGENCY ORDER AUTHORITY. Section 60117(o) of title 49, United States Code, is amended-- (1) by amending paragraph (1) to read as follows: ``(1) In general.--The Secretary may issue an emergency order described in paragraph (3) to impose emergency restrictions, prohibitions, and safety measures on owners and operators of hazardous liquid pipeline facilities, without prior notice or an opportunity for a hearing, to the extent necessary to abate an imminent hazard described in subparagraph (A), comply with the conditions referred to in subparagraph (B), or acquire the necessary insurance or other resources needed to respond to an oil spill referred to in subparagraph (C) if the Secretary-- ``(A) determines that an unsafe condition or practice, or a combination of unsafe conditions and practices, constitutes or is causing an imminent hazard; ``(B) discovers reliable evidence that the pipeline is violating conditions required for its operation that were previously agreed upon between the responsible party and a State, tribal, or local government; or ``(C) after consultation with the Administrator of the Environmental Protection Agency and the Commandant of the Coast Guard, determines that-- ``(i) inadequate resources are available to respond to and clean up an oil spill during seasonal conditions or conditions expected or caused by an extreme weather event; or ``(ii) the responsible party cannot demonstrate, through any of the methods described in section 1016(e) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(e)) that it has sufficient financial resources to satisfy the liability limits described in section 1004 of such Act (33 U.S.C. 2704) in the event of an oil spill incident.''; and (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) by inserting ``(i)'' before ``the violation''; and (ii) by adding at the end the following: ``(ii) evidence that the pipeline is violating required operating conditions; or ``(iii) the reasons that responsible party's existing resources are inadequate to remedy either of the situations described in paragraph (1)(C);''; and (B) in subparagraph (E)-- (i) by inserting ``(i)'' before ``how the order''; and (ii) by striking ``and'' at the end and inserting the following: ``(ii) what the responsible party shall be required to do to ensure that the pipeline complies with applicable operating conditions; or ``(iii) the resources that the responsible party shall be required to acquire to remedy either of the situations described in paragraph (1)(C); and''.
Liability Insurance in Event of Spill Act or the LINES Act This bill amends the Oil Pollution Act of 1990 to cap the liability of parties that are responsible for oil discharges from a Great Lakes pipeline (any pipeline that crosses the navigable waters of the Great Lakes system) to the total of all removal costs plus $75 million. A responsible party with respect to a Great Lakes pipeline must establish and maintain evidence of financial responsibility (e.g., evidence of insurance or a bond) in a certain amount. Under current law, the Department of Transportation (DOT) may issue an emergency order to impose restrictions, prohibitions, and safety measures on owners and operators of gas or hazardous liquid pipeline facilities without prior notice or an opportunity for a hearing if they are necessary to abate an imminent hazard. This bill eliminates DOT's emergency order authority with respect to gas pipeline facilities. The bill expands DOT's emergency order authority with respect to hazardous liquid pipeline facilities, including by allowing DOT to impose restrictions, prohibitions, and safety measures if it: (1) discovers reliable evidence that the pipeline is violating conditions required for its operation that were previously agreed upon between the responsible party and a state, tribal, or local government; or (2) determines, after consultation with the Environmental Protection Agency and the U.S. Coast Guard, that inadequate resources are available to respond to and clean up an oil spill during seasonal conditions or conditions expected or caused by an extreme weather event, or the responsible party cannot demonstrate that it has sufficient financial resources to satisfy the liability limits in the event of an oil spill incident.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stormwater Enforcement and Permitting Act of 2006''. SEC. 2. GREATER SPECIFICITY IN INFORMATION REQUESTS AND OPPORTUNITY FOR CORRECTIVE ACTION. (a) Inspections, Monitoring, and Entry.--Section 308(a)(A)(v) of the Federal Water Pollution Act (33 U.S.C. 1318(a)(A)(v)) is amended-- (1) by striking ``other information as he'' and inserting ``other information pertaining to such point source as the Administrator''; and (2) by striking ``reasonably require'' and inserting ``reasonably request within 90 days of the date of the request or such shorter time period as the Administrator determines is necessary to address an imminent and substantial endangerment to public health or welfare or the environment''. (b) Corrective Action for Residential Construction Sites.--Section 309 of such Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) Corrective Action for Residential Construction Sites.-- ``(1) In general.--In the course of an inspection of a site at which a residential construction activity is being or will be carried out or based on information obtained under section 308(a) relating to such a site, if the Administrator or the authorized representative of the Administrator discovers a violation of a permit condition relating to such site that has not resulted in a discharge of stormwater and provides written notice of such violation to the operator of such site, the Administrator or such representative shall provide the operator a reasonable opportunity to correct the identified violation before initiation of an enforcement action. ``(2) Subsequent violation.--If the Administrator or the authorized representative of the Administrator subsequently inspects or requests information regarding a residential construction site for which an opportunity for corrective action was provided under paragraph (1) and discovers a violation of the same permit condition that was corrected under paragraph (1) or for which such opportunity to correct was provided, the operator of such site shall not be provided a further opportunity to correct under this subsection before initiation of an enforcement action. ``(3) Limitation on authority of administrator.--The Administrator shall not exercise any authority under this section (other than under this subsection) during the period that the operator of a residential construction site is provided an opportunity to correct a violation of a permit condition that has not resulted in the discharge of stormwater.''. (c) Limitation on Actions During Opportunity to Correct.--Section 309(g)(6)(A) of such Act (33 U.S.C. 1319(g)(6)(A)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by inserting ``or'' after the comma at the end of clause (iii); and (3) by inserting after clause (iii) the following: ``(iv) for which the Administrator or the authorized representative of the Administrator has provided the operator of a residential construction site an opportunity to correct under subsection (h),''. SEC. 3. PAPERWORK LIMITATIONS FOR RESIDENTIAL CONSTRUCTION SITES. Section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)) is amended by adding at the end the following: ``(3) Stormwater runoff from residential construction sites.-- ``(A) In general.--The Administrator shall not require a permit, nor shall the Administrator directly or indirectly require any State to require a permit, under this section for stormwater runoff from any site at which a residential construction activity is being or will be carried out if-- ``(i) such runoff enters a municipal separate storm sewer system that is covered by a permit to which subsection (p) applies and the operator of such site is in compliance with requirements imposed by the permittee for such system to control stormwater runoff; or ``(ii) such site, during the period of the residential construction activity, has minimal potential for soil erosion caused by rainfall or overland flow due to soil type, geology, amount and force of precipitation, and other conditions. ``(B) Minimal potential for soil erosion defined.-- For purposes of this paragraph, a residential construction site has minimal potential for soil erosion if the erosivity factor for the site during the period of the residential construction activity is less than 5 as calculated based on the latest version of the revised universal soil loss equation developed by the Department of Agriculture, unless the Administrator determines, after notice and an opportunity for public comment, that some other technical standard is more appropriate to measure the erosivity value of residential construction sites and adopts, by regulation, such standard for purposes of this paragraph.''. SEC. 4. FEDERAL ENFORCEMENT. Section 402(p) of the Federal Water Pollution Control Act (33 U.S.C. 1342(p)) is amended by adding at the end the following: ``(7) Federal enforcement of state permits authorizing stormwater discharges from residential construction activity.-- ``(A) In general.--Notwithstanding subsection (i), the Administrator shall not exercise authority under section 309 with respect to a permit, issued by a State under a program approved under subsection (b) and authorizing a stormwater discharge from a site at which a residential construction activity is being or will be carried out, unless one of the following conditions applies: ``(i) The Administrator determines that such a discharge has flowed or will flow across a State line or onto a Federal facility or Indian tribal lands. ``(ii) Such permit was issued under a State program that the Administrator has suspended or withdrawn under subsection (c). ``(iii) After taking into consideration all of the terms, conditions, and requirements of such permit, the Administrator determines that-- ``(I) a stormwater discharge from such site results in imminent and substantial endangerment to public health or welfare or the environment; and ``(II) additional actions are likely to be necessary to remove such endangerment. ``(B) Limitation on transfers to states.--If the Administrator receives or is awarded a fine or penalty for violation of a permit issued under this section by a State for a site on which a residential construction activity is being or will be carried out through an action brought under section 309 based on any of the conditions set forth in clauses (i), (ii), and (iii) of subparagraph (A), the Administrator may not transfer, disburse, allocate, or otherwise pay all or any part of such fine or penalty to the State that issued the permit.''. SEC. 5. NOTIFICATION TO POINT SOURCE OPERATORS AT RESIDENTIAL CONSTRUCTION SITES. Section 402(p) of the Federal Water Pollution Control Act (33 U.S.C. 1342(p)) is further amended by adding at the end the following: ``(8) Notification of permit requirements for stormwater discharges from residential construction sites.-- ``(A) Stormwater informational pamphlet program.-- Not later than 180 days after the date of enactment of this paragraph, the Administrator shall establish, by regulation, a program that will provide for development, and distribution to operators of residential construction sites, of an informational pamphlet. ``(B) Pamphlet contents.--Under the program, operators of residential construction sites shall receive an informational pamphlet explaining, at a minimum, permitting requirements under this section for stormwater discharges from a site at which a residential construction activity is being or will be carried out (including the permitting requirements of subsections (a) and (b) and this subsection and any applicable regulations issued to carry out this section) and fines and penalties that may arise from violations of such requirements. The pamphlet shall also include contact information for appropriate permitting authorities. ``(C) Deadline for pamphlet development.--Under the program-- ``(i) the pamphlet or pamphlets shall be developed for distribution not later than 180 days after the date of the issuance of the regulation establishing the program; ``(ii) operators of residential construction sites shall be informed of the availability of the pamphlets; and ``(iii) a pamphlet shall be given to an operator of a residential construction site at the earliest appropriate point in the process under which the operator is seeking approval from a local government to carry out the residential construction activity. ``(D) Consultation.--The Administrator shall consult with State and interstate water pollution control administrators and other affected interests in establishing the program.''. SEC. 6. GENERAL PERMITS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is further amended by adding at the end the following: ``(r) General Permits on a State, Regional, or Nationwide Basis.-- ``(1) In general.--In carrying out responsibilities and functions of the Administrator or a State under a program approved under subsection (b) relating to the discharge of pollutants under this section, the Administrator or the State may issue a general permit on a State, regional, or nationwide basis to cover any category of discharges, sludge use, disposal practices, or facilities. ``(2) General permit term.--No general permit issued under this section shall be for a period of more than 5 years after the date of its issuance. ``(3) Notice.--Before issuing a general permit under this section, the Administrator or State shall provide to the public notice and opportunity to comment on such permit for a period of 45 days. ``(4) Review not required.--The Administrator or State is not required to specifically review, approve, or provide notice and an opportunity for a public hearing and comment on, any application for a discharge under a general permit issued under this section. ``(5) Effective period for preexisting general permits.-- Any general permit issued under this section by the Administrator or a State before the date of enactment of this subsection shall remain in effect under the terms and conditions in effect on the date of its issuance.''. SEC. 7. DEFINITIONS. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(25) Residential construction activity.--The term `residential construction activity' means a construction activity associated with the development and construction of housing of any type, including structures accessory or appurtenant thereto and any facilities or infrastructure necessary to serve such housing. ``(26) Operator.--The term `operator' means, as used with respect to a site at which a residential construction activity is being or will be carried out, a person, including a governmental entity, that-- ``(A) has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or ``(B) has day-to-day operational control over the construction activity that is necessary to ensure compliance with any applicable permit conditions and other regulatory requirements under this Act.''.
Stormwater Enforcement and Permitting Act of 2006 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to require the owner or operator of any point source to provide information necessary to address an imminent and substantial endangerment to public health or welfare or the environment. Requires the Administrator to provide an operator a reasonable opportunity to correct a violation of a permit condition for a site with residential construction activity before initiation of an enforcement action, if such violation has not resulted in a discharge of stormwater. Prohibits more than one opportunity to correct violations of the same condition. Prohibits the Administrator from requiring a permit for stormwater runoff from such a site if: (1) the runoff enters a municipal separate storm sewer system that is covered by a permit and the operator is in compliance with runoff requirements; and (2) such site has minimal potential for soil erosion. Prohibits the Administrator from exercising enforcement authority with respect to a state permit that authorizes stormwater discharge from such a site unless: (1) such a discharge flows across a state line or onto a federal facility or Indian tribal lands; (2) such permit was issued under a state program that the Administrator has suspended or withdrawn; or (3) a discharge results in imminent and substantial endangerment to public health or welfare or the environment. Prohibits the Administrator from paying any state penalty for a violation of a permit for such a discharge. Requires the Administrator to establish a program that will develop and distribute to site operators a pamphlet that explains permitting requirements for stormwater discharges. Authorizes the Administrator or the state to issue a general permit for no more than five years on a state, regional, or nationwide basis to cover any category of discharges, sludge use, disposal practices, or facilities. Declares that the Administrator or state is not required to review, approve, or provide an opportunity for public comment on any application for a discharge under a general permit.
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SECTION 1. FINDINGS. The Congress finds the following: (1) The Pokagon Band of Potawatomi Indians is the descendant of, and political successor to, the signatories of the Treaty of Greenville 1795 (7 Stat. 49); the Treaty of Grouseland 1805 (7 Stat. 91); the Treaty of Spring Wells 1815 (7 Stat. 131); the Treaty of the Rapids of the Miami of Lake Erie 1817 (7 Stat. 160); the Treaty of St. Mary's 1818 (7 Stat. 185); the Treaty of Chicago 1821 (7 Stat. 218); the Treaty of the Mississinewa on the Wabash 1826 (7 Stat. 295); the Treaty of St. Joseph 1827 (7 Stat. 305); the Treaty of St. Joseph 1828 (7 Stat. 317); the Treaty of Tippecanoe River 1832 (7 Stat. 399); and the Treaty of Chicago 1833 (7 Stat. 431). (2) In the Treaty of Chicago 1833, the Pokagon Band of Potawatomi Indians was the only band that negotiated a right to remain in Michigan. The other Potawatomi bands relinquished all lands in Michigan and were required to move to Kansas or Iowa. (3) Two of the Potawatomi bands later returned to the Great Lakes area, the Forest County Potawatomi of Wisconsin and the Hannahville Indian Community of Michigan. (4) The Hannahville Indian Community of Michigan, the Forest County Potawatomi Community of Wisconsin, the Prairie Band of Potawatomi Indians of Kansas, and the Citizen Band Potawatomi Indian Tribe of Oklahoma, whose members are also descendants of the signatories to one or more of the aforementioned treaties, have been recognized by the Federal Government as Indian tribes eligible to receive services from the Secretary of the Interior. (5) Beginning in 1935, the Pokagon Band of Potawatomi Indians petitioned for reorganization and assistance pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly referred to as the ``Indian Reorganization Act''). Because of the financial condition of the Federal Government during the Great Depression it relied upon the State of Michigan to provide services to the Pokagon Band. Other Potawatomi bands, including the Forest County Potawatomi and the Hannahville Indian Community were provided services pursuant to the Indian Reorganization Act. (6) Agents of the Federal Government in 1939 made an administrative decision not to provide services or extend the benefits of the Indian Reorganization Act to any Indian tribes in Michigan's lower peninsula. (7) Tribes elsewhere, including the Hannahville Indian Community in Michigan's upper peninsula, received services from the Federal Government and were extended the benefits of the Indian Reorganization Act. (8) The Pokagon Band of Potawatomi Indians consists of at least 1,500 members who continue to reside close to their ancestral homeland in the St. Joseph River Valley in southwestern Michigan and northern Indiana. (9) In spite of the denial of the right to organize under the Indian Reorganization Act, the Pokagon Band has continued to carry out its governmental functions through a Business Committee and Tribal Council from treaty times until today. (10) The United States Government, the government of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Band from 1795 until the present. SEC. 2. FEDERAL RECOGNITION. Federal recognition of the Pokagon Band of Potawatomi Indians is hereby affirmed. Except as otherwise provided in this Act, all Federal laws of general application to Indians and Indian tribes, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall apply with respect to the Band and its members. SEC. 3. SERVICES. Notwithstanding any other provision of law, the Band and its members shall be eligible, on and after the date of the enactment of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes without regard to the existence of a reservation for the Band or the location of the residence of any member on or near an Indian reservation. SEC. 4. TRIBAL MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Band shall submit to the Secretary membership rolls consisting of all individuals eligible for membership in such Band. The qualifications for inclusion on the membership rolls of the Band shall be determined by the membership clauses in the Band's governing documents, in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Bands shall ensure that such rolls are maintained and kept current. SEC. 5. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot and in accordance with the provisions of section 16 of the Act of June 18, 1934 (25 U.S.C. 476), an election to adopt a constitution and bylaws for the Band. (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of enactment of this Act shall be the interim governing documents for the Band. (b) Officials.-- (1) Election.--Not later than 6 months after the Band adopts a constitution and bylaws pursuant to subsection (a), the Secretary shall conduct elections by secret ballot for the purpose of electing officials for the Band as provided in the Band's constitution. The election shall be conducted according to the procedures described in subsection (a), except to the extent that such procedures conflict with the Band's constitution. (2) Interim government.--Until such time as the Band elects new officials pursuant to paragraph (1), the Band's governing body shall be the governing body in place on the date of the enactment of this Act, or any new governing body selected under the election procedures specified in the interim governing documents of the Band. SEC. 6. TRIBAL LANDS. The Band's tribal land shall consist of all real property, including the land upon which the Tribal Hall is situated, now or hereafter held by, or in trust for, the Band. The Secretary shall acquire real property for the Band. Any such real property shall be taken by the Secretary in the name of the United States in trust for the benefit of the Band and shall become part of the Band's reservation. SEC. 7. SERVICE AREA. The Band's service area shall consist of the Michigan counties of Allegan, Berrien, Van Buren, and Cass and the Indiana counties of La Porte, St. Joseph, Elkhart, Starke, Marshall, and Kosciusko. SEC. 8. JURISDICTION. The Band shall have jurisdiction to the full extent allowed by law over all lands taken into trust for the benefit of the Band by the Secretary. The Band shall exercise jurisdiction over all its members who reside within the service area in matters pursuant to the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., as if the members were residing upon a reservation as defined in that Act. SEC. 9. DEFINITIONS. For purposes of this Act-- (1) the term ``Band'' means the Pokagon Band of Potawatomi Indians; (2) the term ``member'' means those individuals eligible for enrollment in the Band pursuant to section 4; and (3) the term ``Secretary'' means the Secretary of the Interior.
Affirms Federal recognition of, and provides Federal services to, the Pokagon Band of Potawatomi Indians. States that the Band's service area shall consist of specified counties in Michigan and Indiana.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``First Lunar Landing Anniversary Commemorative Coin Act''. SEC. 2. FIRST LUNAR LANDING COMMEMORATIVE COIN. The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue coins in accordance with this Act to commemorate the 25th Anniversary of the first lunar landing. SEC. 3. COIN SPECIFICATIONS. (a) Issuance.--The Secretary of the Treasury shall mint and issue not more than 500,000 1-dollar 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) Design.-- (1) Requirements.--The design of the coins issued under subsection (A) shall be emblematic of the first lunar landing and shall include-- (A) a designation of the value of the coin; (B) an inscription of the year ``1994''; and (C) inscriptions of the words-- (i) ``Liberty''; (ii) ``In God We Trust''; (iii) ``United States of America''; and (iv) ``E Pluribus Unum''. (2) Selection of design.--The design of the coins minted under this Act shall be-- (A) selected by the Secretary after consultation with the Administrator of the National Aeronautics and Space Administration; and (B) reviewed by the Citizens Commemorative Coin Advisory Committee in accordance with section 5134 of title 31, United States Code. (c) Legal Tender.--The coins minted under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 5. ISSUANCE OF COINS. (a) Commencement of Issuance.--The Secretary may issue the coins minted under this Act beginning on January 1, 1994. (b) Termination of Authority.--Coins may not be minted under this Act after December 31, 1994. (c) Quality of Coins.--The coins minted under this Act shall be issued in uncirculated and proof qualities. (d) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of coins minted under this Act. SEC. 6. SALE OF COINS. (a) Sale Price.--The Secretary shall sell the coins minted under this Act at as price equal to the face value plus the cost of designing, minting, and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) and the surcharge provided in subsection (d). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount to reflect the lower cost of the sales. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins minted under this Act. To fill the orders, the Secretary shall sell the coins at a reasonable discount to reflect the benefit of prepayment. (d) Surcharges.--All sales of coins minted under this Act shall include a surcharge of $5 per coin. SEC. 7. USE OF SURCHARGES. Notwithstanding section 5134 of title 32, United States Code, and subject to section 9 of this Act, surcharges received from the sale of coins minted under this Act shall be paid by the Secretary as follows: (1) Neil armstrong air and space museum.--Twenty-five percent of the surcharges shall be paid to the Ohio Historic Preservation Association to be used for the Neil Armstrong Air and Space Museum, located in Wapakoneta, Ohio. (2) National air and space museum.--Twenty-five percent of the surcharges shall be paid to the Secretary of the Smithsonian Institution to be used for the National Air and Space Museum. (3) Reduction of national debt.--Fifty percent of the surcharges shall be transferred to the general fund of the Treasury for the purpose of reducing the national debt. SEC. 8. AUDITS. As a condition of receiving the surcharges paid under section 7, the Ohio Historic Preservation Association shall allow the Comptroller General of the United States to examine the books, records, documents, and other data of the Ohio Historic Preservation Association that may be related to the expenditure by the Association of surcharges paid under section 7. SEC. 9. FINANCIAL REQUIREMENT. The Secretary shall take actions necessary to ensure that the minting and issuance of the coins under this Act will not result in any net cost to the Federal Government. SEC. 10. PROCUREMENT REGULATIONS. (a) Waiver.--Except as provided in subsection (b), no provision of law applicable to procurement or public contracts shall be applicable to the procurement of goods or services relating to the minting and issuing of the coins issued under this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 11. NUMISMATIC PUBLIC ENTERPRISE FUND. Subject to section 7 of this Act, the coins minted under this Act are numismatic items for purposes of subchapter III, chapter 51, subtitle IV of title 31, United States Code.
First Lunar Landing Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar coins to commemorate the 25th anniversary of the first lunar landing. Mandates that surcharges received from coin sales be paid to: (1) the Neil Armstrong Air and Space Museum (Wapakoneta, Ohio): (2) the Smithsonian Institution for the National Air and Space Museum; and (3) the Treasury for reduction of the national debt.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Suicide Prevention for American Veterans Act''. SEC. 2. EXTENSION OF ELIGIBILITY FOR DOMICILIARY CARE FOR CERTAIN VETERANS WHO SERVED IN A THEATER OF COMBAT OPERATIONS. Section 1710(e)(3)(A) of title 38, United States Code, is amended by striking ``period of five years'' and inserting ``period of 15 years''. SEC. 3. REVIEW OF CHARACTERIZATION OR TERMS OF DISCHARGE FROM THE ARMED FORCES OF INDIVIDUALS WITH MENTAL HEALTH DISORDERS ALLEGED TO AFFECT TERMS OF DISCHARGE. (a) In General.--The Secretaries of the military departments shall each provide for a process by which a covered individual may challenge the terms or characterization of the individual's discharge or separation from the Armed Forces. (b) Covered Individuals.--For purposes of this section, a covered individual is any individual as follows: (1) An individual who was discharged or separated from the Armed Forces for a personality disorder. (2) An individual who-- (A) was discharged or separated from the Armed Forces on a punitive basis, or under other than honorable conditions; and (B) who alleges that the basis for such discharge or separation was a mental health injury or disorder incurred or aggravated by the individual during service in the Armed Forces. (c) Discharge of Process Through Boards of Corrections of Records.--The Secretary of a military department shall carry out the process required by subsection (a) through boards for the correction of military records of the military department concerned. (d) Considerations on Modification of Terms of Discharge or Separation.--In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by subsection (a), the Secretary of the military department concerned shall instruct boards to give due consideration to any mental health injury or disorder determined to have been incurred or aggravated by the individual during service in the Armed Forces and to what bearing such injury or disorder may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces. SEC. 4. IMPROVEMENT OF MENTAL HEALTH CARE PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE. (a) Evaluations of Mental Health Care and Suicide Prevention Programs.-- (1) In general.--Not less frequently than once each year, the Secretary concerned shall provide for the conduct of an evaluation of the mental health care and suicide prevention programs carried out under the laws administered by such Secretary. (2) Elements.--Each evaluation conducted under paragraph (1) shall-- (A) use metrics that are common among and useful for practitioners in the field of mental health care and suicide prevention; (B) identify the most effective mental health care and suicide prevention programs conducted by the Secretary concerned; and (C) propose best practices for caring for individuals who suffer from mental health disorders or are at risk of suicide. (3) Third party.--Each evaluation conducted under paragraph (1) shall be conducted by an independent third party unaffiliated with the Department of Veterans Affairs and the Department of Defense. (b) Training of Providers.-- (1) In general.--The Secretary concerned shall train all providers of health care under the laws administered by such Secretary on the following: (A) Recognizing if an individual is at risk of suicide. (B) Treating or referring for treatment an individual who is at risk of suicide. (C) Recognizing the symptoms of posttraumatic stress disorder. (2) Dissemination of best practices.--The Secretary concerned shall ensure that best practices for identifying individuals at risk of suicide and providing quality mental health care are disseminated to providers of health care under the laws administered by such Secretary. (c) Secretary Concerned Defined.--In this section, the term ``Secretary concerned'' means-- (1) the Secretary of Veterans Affairs with respect to matters concerning the Department of Veterans Affairs; and (2) the Secretary of Defense with respect to matters concerning the Department of Defense. SEC. 5. COLLABORATION BETWEEN DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE ON HEALTH CARE MATTERS. (a) Timeline for Implementing Interoperable Electronic Health Records.-- (1) In general.--Section 1635 of the Wounded Warrior Act (10 U.S.C. 1071 note) is amended by adding at the end the following new subsection: ``(k) Timeline.--In carrying out this section, the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that-- ``(1) the creation of a health data authoritative source by the Department of Defense and the Department of Veterans Affairs that can be accessed by multiple providers and standardizes the input of new medical information is achieved not later than 180 days after the date of the enactment of this subsection; ``(2) the ability of patients of both the Department of Defense and the Department of Veterans Affairs to download the medical records of the patient (commonly referred to as the `Blue Button Initiative') is achieved not later than 180 days after the date of the enactment of this subsection; ``(3) the full interoperability of personal health care information between the Departments is achieved not later than one year after the date of the enactment of this subsection; ``(4) the acceleration of the exchange of real-time data between the Departments is achieved not later than one year after the date of the enactment of this subsection; ``(5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved not later than one year after the date of the enactment of this subsection; and ``(6) each current member of the Armed Forces and the dependent of such a member may elect to receive an electronic copy of the health care record of the individual beginning not later than June 30, 2015.''. (2) Conforming amendments.--Section 1635 of such Act is further amended-- (A) in subsection (a), by striking ``The Secretary'' and inserting ``In accordance with the timeline described in subsection (k), the Secretary''; and (B) in the matter preceding paragraph (1) of subsection (e), by inserting ``in accordance with subsection (k)'' after ``under this section''. (b) Establishment of Uniform Prescription Formulary.--The Secretary of Veterans Affairs and the Secretary of Defense shall jointly establish a uniform prescription formulary for use in prescribing medication under the laws administered by the Secretary of Veterans Affairs and the laws administered by the Secretary of Defense. SEC. 6. PILOT PROGRAM FOR REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) Establishment.--The Secretary of Veterans Affairs shall carry out a pilot program to repay loans of individuals described in subsection (b) that-- (1) were used by such individuals to finance education relating to psychiatric medicine, including education leading to-- (A) an undergraduate degree; (B) a degree of doctor of medicine; or (C) a degree of doctor of osteopathy; and (2) were obtained from any of the following: (A) A governmental entity. (B) A private financial institution. (C) A school. (D) Any other authorized entity as determined by the Secretary. (b) Eligible Individuals.-- (1) In general.--Subject to paragraph (2), an individual eligible for participation in the pilot program is an individual who-- (A) either-- (i) is licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (ii) is enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (B) demonstrates a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, as determined by the Secretary. (2) Prohibition on simultaneous eligibility.--An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual is not eligible to participate in the pilot program. (c) Selection.--The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (d) Period of Obligated Service.--The Secretary shall enter into an agreement with each individual selected under subsection (c) in which such individual agrees to serve a period of obligated service for the Veterans Health Administration in the field of psychiatric medicine, as determined by the Secretary. (e) Loan Repayments.-- (1) Amounts.--Subject to paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual who is participating in the pilot program for all educational expenses (including tuition, fees, books, and laboratory expenses) of such individual relating to education described in subsection (a)(1). (2) Limit.--For each year of obligated service that an individual who is participating in the pilot program agrees to serve under subsection (d), the Secretary may pay not more than $60,000 in loan repayment on behalf of such individual. (f) Breach.-- (1) Liability.--An individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (d) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Repayment period.--Any amount of damages that the United States is entitled to recover under this subsection shall be paid to the United States not later than one year after the date of the breach of the agreement. (g) Report.-- (1) In general.--Not later than 90 days after the date on which the pilot program terminates under subsection (i), 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 report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include the following: (A) The overall effect of the pilot program on the psychiatric workforce shortage of the Veterans Health Administration. (B) The long-term stability of the psychiatric workforce of the Veterans Health Administration. (C) Strategies of the Veterans Health Administration to improve and increase the ability of the Administration to promote the physical and mental resiliency of all veterans. (h) Regulations.--The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination.--The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. SEC. 7. COMPTROLLER GENERAL STUDY ON PAY DISPARITIES OF PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) Study.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of pay disparities among psychiatrists of the Veterans Health Administration of the Department of Veterans Affairs. (2) Elements.--The study required by paragraph (1) shall include the following: (A) An examination of laws, regulations, practices, and policies, including salary flexibilities, that contribute to such disparities. (B) Recommendations for legislative or regulatory action to improve equity in pay among such psychiatrists. (b) Report.--Not later than one year after the date on which the Comptroller General completes the study under subsection (a), the Comptroller General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the results of the study.
Suicide Prevention for American Veterans Act - Extends from 5 to 15 years the period of eligibility for hospital care, medical services, and nursing home care for veterans who served on active duty in a theater of combat operations after the Persian Gulf War or against a hostile force during a period of hostilities after November 11, 1998. Requires the Secretaries of the military departments to provide a process by which a covered individual may challenge the terms or characterization of his or her discharge or separation from the Armed Forces. Defines "covered individual" as any individual who: (1) was discharged or separated from the Armed Forces for a personality disorder; or (2) was discharged or separated from the Armed Forces on a punitive basis, or under other than honorable conditions, and who alleges that the basis for such discharge or separation was a mental health injury or disorder incurred or aggravated by the individual during service in the Armed Forces. Requires the Secretary of Defense (DOD) and the Secretary of Veteran Affairs (VA) to: (1) conduct an evaluation of mental health care and suicide prevention programs carried out in DOD and VA; (2) train all providers of health care in such Departments on recognizing the risk of suicide, treating or referring for treatment an individual who is at risk of suicide, and recognizing the symptoms of posttraumatic stress disorder; and (3) ensure that best practices for identifying individuals at risk of suicide and for providing quality mental health care are disseminated to providers of health care in such Departments. Amends the Wounded Warrior Act to require the DOD Secretary and the VA Secretary, in implementing electronic health record systems that provide for the full interoperability of personal health care information between the Departments of Defense and Veterans Affairs, to ensure that: (1) a health data authoritative source that can be accessed by multiple providers and that standardizes the input of new medical information is created within 180 days, (2) the ability of patients of both Departments to download their medical records is achieved within 180 days, (3) full interoperability of personal health care information between the Departments is achieved within one year, (4) acceleration of the exchange of real-time data between the Departments is achieved within one year, (5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved within one year, and (6) current members of the Armed Forces and their dependents may elect to receive an electronic copy of their health care records beginning not later than June 30, 2015. Directs the VA Secretary to carry out a three-year pilot program to repay the educational loans of individuals who: (1) are licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration or are enrolled in the final year of an accredited residency program in psychiatric medicine, and (2) demonstrate a commitment to a long-term career as a psychiatrist in the Veterans Health Administration. Directs the Comptroller General (GAO) to study and report on pay disparities among psychiatrists of the Veterans Health Administration.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Eligibility Verification and Anti-Identity Theft Act''. SEC. 2. REQUIRING AGENCIES TO SEND ``NO-MATCH'' LETTERS. (a) Social Security Administration.--The Commissioner of the Social Security Administration shall send a written notice to a person or entity each time that the combination of name and Social Security account number submitted by the person or entity for an individual does not match Social Security Administration records. (b) Department of Homeland Security.--The Secretary of Homeland Security shall send a written notice to a person or entity each time that such Secretary determines that an immigration status document or employment authorization document presented or referenced by an individual during the process of completing the attestations required by the person or entity for employment eligibility verification was assigned to another person, or that there is no agency record that the document was assigned to any person. SEC. 3. REQUIRING EMPLOYERS TO TAKE ACTION UPON RECEIPT OF A ``NO- MATCH'' LETTER. Beginning on the date that is 6 months after the date of the enactment of this Act, a person or entity that has received a written notice under section 2 shall, within 3 business days of receiving such notice, verify the individual's employment authorization and identity through the verification system established under section 4. SEC. 4. VERIFICATION SYSTEM. Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Commissioner of the Social Security Administration, as appropriate, shall establish and administer a verification system through which persons or entities that have received written notice under section 2 shall verify an individual's employment authorization and identity. SEC. 5. DESIGN AND OPERATION OF SYSTEM. The verification system established under section 4 shall be designed and operated-- (1) to maximize its reliability and ease of use, consistent with insulating and protecting the privacy and security of the underlying information; (2) to respond to all required inquiries under this Act regarding whether individuals are authorized to be employed and to register all times when such inquiries are not received; (3) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; and (4) to have reasonable safeguards against the system's resulting in unlawful discriminatory practices based on national origin or citizenship status, including-- (A) the selective or unauthorized use of the system to verify eligibility; (B) the use of the system prior to an offer of employment; or (C) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants. SEC. 6. EXTENSION OF TIME. If a person or entity in good faith attempts to make an inquiry during the time period specified and the verification system established under section 4 has registered that not all inquiries were received during such time, the person or entity may make an inquiry on the first subsequent working day in which the verification system registers that it has received all inquiries. If the verification system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry. SEC. 7. RETENTION OF PROOF OF VERIFICATION COMPLETION. After completion of the verification process established under section 4, a person or entity shall retain a paper, microfiche, microfilm, or electronic version of the form received through the verification process (or, in the case of a telephonic verification, a paper, microfiche, microfilm, or electronic record of the telephonic verification code number) and make it available for inspection by officers of the Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor for 3 years after the date on which the form or telephonic verification code number was received. SEC. 8. TERMINATION OF EMPLOYMENT. (a) Burden on Individual To Resolve Errors.--If a person or entity has received an initial nonverification regarding an individual from the verification system established under section 4, the person or entity shall notify the individual in writing within 1 business day of such receipt. In such notice, the person or entity shall advise the individual that the burden is on the individual to resolve any error in the verification mechanism not later than 30 days after the date on which the notice is issued. Such notice shall also state that the person or entity shall be required to verify once again the individual's employment authorization and identity through the verification system established under section 4, and to terminate any employment in the United States, and any recruitment, hiring, or referral for employment in the United States, of the individual, if a final nonverification is received. (b) Additional Verification.--A person or entity that has issued a notice under subsection (a) shall, within 33 business days of such issuance, verify once again the individual's employment authorization and identity through the verification system established under section 4. Sections 6 and 7 shall apply to such final verification in the same manner as such sections applied to the initial verification. SEC. 9. FINAL VERIFICATION. (a) Within 7 days of receiving final nonverification for an individual, the person or entity issued a notice under section 8(a) of this Act shall provide the Commissioner of Social Security with a copy of such individual's verification form as described in section 274A(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(3)) in addition to any other information regarding the last known name, address, and location of such individual. (b) Within 3 business days of receiving such notification, the Commissioner of Social Security shall provide such information to the Secretary of Homeland Security. SEC. 10. EMPLOYER VIOLATIONS. A person or entity shall be considered to have violated section 274A(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)(A)) if the person or entity-- (1) continues to employ in the United States, or recruits, hires, or refers for employment in the United States, an individual after receiving a final nonverification regarding an individual from the verification system established under section 4; or (2) otherwise fails to take an action required under this Act. SEC. 11. REQUIREMENT TO PARTICIPATE IN PILOT PROGRAM. Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding at the end the following: ``(C) Any person or entity that, in a calendar year, receives written notice under section 2 of this Act with respect to more than 20 individuals, shall elect to participate in the basic pilot program described in section 403(a) and shall comply with the terms and conditions of such election.''. SEC. 12. LIMITATION ON USE. (a) In General.--Notwithstanding any other provision of law, nothing in this Act shall be construed to permit or allow any department, bureau, or other agency of the United States Government to utilize any information, data base, or other records assembled under this Act for any other purpose other than as provided for under this Act. (b) No National Identification Card.--Nothing in this Act shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. SEC. 13. FEDERAL TORT CLAIMS ACT REMEDY. If an individual alleges that the individual would not have been dismissed from a job but for an error of the verification mechanism, the individual may seek compensation only through the mechanism of chapter 171 of title 28, United States Code (popularly known as the Federal Tort Claims Act), and injunctive relief to correct such error. No class action may be brought under this Act. SEC. 14. PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE BASIS OF INFORMATION. No person or entity shall be civilly or criminally liable for any action taken in good faith reliance on information provided through the employment eligibility verification mechanism established under this Act.
Employment Eligibility Verification and Anti-Identity Theft Act - Directs the Commissioner of the Social Security Administration to notify a person or entity each time that the combination of name and Social Security account number it has submitted for an individual does not match Social Security Administration records. Directs the Secretary of Homeland Security (HS) to notify a person or entity each time that: (1) an immigration status or employment authorization document presented or referenced by an individual during the employment eligibility verification process was assigned to another person; or (2) there is no agency record that the document was assigned to any person. Directs the HS Secretary to establish a system, meeting specified requirements, for verifying an individual's identity and employment eligibility. Requires any person or entity that has received a discrepancy notice under this Act to verify the individual's employment authorization and identity through such system. Places the burden of resolving errors in the verification mechanism on the individual whose employment eligibility and identity have not been verified. Requires the individual to terminate any employment in the United States if a final nonverification is received. Requires the Commissioner of Social Security to provide the last known name, address, and location of a nonverified individual to the Secretary of Homeland Security. Provides for sanctions against employers who continue to employ an individual after receiving a final nonverification. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require any person or entity that receives written notice about more than 20 individuals in one calendar year to: (1) participate in a basic pilot project for employment eligibility confirmation; and (2) comply with specified terms and conditions. Provides for: (1) a remedy under the Federal Tort Claims Act for job dismissals occasioned by verification mechanism errors; and (2) protection from civil and criminal liability for persons or entities that take action in good faith on the basis of verification mechanism information.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Special Care Dentistry Act of 2010''. (b) Findings.--Congress finds the following: (1) According to the United States Surgeon General's Report on Oral Health in America: (A) No less than a silent epidemic of oral diseases is affecting our most vulnerable citizens, including low income elderly, individuals with disabilities, and many members of racial and ethnic minority groups. (B) Oral diseases and conditions affect health and well-being throughout life. The burden of oral problems is extensive and may be particularly severe in vulnerable populations. (C) Oral diseases and conditions are associated with other health problems. Associations between chronic oral infections and other health problems, including diabetes, heart disease, and adverse pregnancy outcomes have been reported. (2) Providing appropriate and necessary oral health benefits under Medicaid to individuals classified as aged, blind, or disabled would prevent unnecessary emergency room visits, hospitalizations, and downstream health care costs, reducing Medicaid spending. (3) While 28 percent of the people enrolled in Medicaid are aged, blind, or disabled, the high cost of medical expenditures for these populations consumes 72 percent of the total Medicaid budget. This is not the case with dental benefits. (4) For the aged, blind, or disabled, oral health services are deemed ``optional'' by the Federal Government and most States provide little to no Medicaid coverage for these services. Many of these vulnerable citizen's mouths are infected with no hope of receiving access to even basic dental care. (5) In 2003, adult aged, blind, and disabled Medicaid recipients received basic oral health services in only 6 States (Connecticut, New Jersey, New York, North Dakota, Pennsylvania, and Wisconsin). (6) Appropriate and necessary oral health services for adult aged, blind, and disabled people will help reduce not only Medicaid costs for these populations, but also down-stream Medicare expenditures, which together total almost $600,000,000,000 annually. (7) Dental office overhead averages over 65 percent. Unfortunately, Medicaid reimbursement rates fall far short of covering these expenses. (8) Additional Federal investment for the delivery of oral health services is needed to ensure vulnerable adults receive oral health benefits. (9) Investments are needed for an oral health initiative to reduce the profound disparities in oral health by improving the health status of vulnerable populations to the level of health status that is enjoyed by the majority of Americans. SEC. 2. REQUIREMENT TO PROVIDE AGED, BLIND, OR DISABLED INDIVIDUALS WITH ORAL HEALTH SERVICES UNDER THE MEDICAID PROGRAM. (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), as amended by the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by inserting after section 1943 the following new section: ``oral health services for aged, blind, or disabled individuals ``Sec. 1944. (a) Services Under a State Adult Dental Program for Aged, Blind, or Disabled Individuals.--A State shall provide oral health coverage for aged, blind, or disabled individuals described in subsection (b) through a separate State adult dental program. The State shall demonstrate that the services and fees provided and program requirements under this section are at least equivalent to the services, fees, and requirements that are provided to children under this title and include age-appropriate services for such individuals, and that the services are provided at intervals to determine the existence of a suspected illness or condition consistent with reasonable standards of dental practice (taking into account the increased needs and oral health complexities of the population) as determined by the Secretary after consultation with national professional dental organizations. ``(b) Aged, Blind, or Disabled Individuals Described.--For purposes of subsection (a), an aged, blind, or disabled individual described in this subsection is an individual-- ``(1) who is eligible for medical assistance under subclause (I) or (II) of section 1902(a)(10)(A)(i) (but only, in the case of subclause (I), with respect to an individual who is so eligible on the basis of receiving aid or assistance under any plan of the State approved under title I, X, XIV, or XVI); and ``(2) who would be considered an aged, blind, or disabled individual under section 1614 (without regard to whether the individual satisfies the income and resource requirements for receiving supplemental security income benefits under title XVI) and is otherwise eligible for medical assistance under the State plan or under a waiver of such plan. ``(c) Transportation.--The State shall provide transportation for aged, blind, or disabled individuals described in subsection (b) to dental offices, hospitals, clinics, or other treatment centers for the provision of oral health services to the same extent that transportation is provided under the State plan for children eligible for medical assistance.''. (b) Definition of Oral Health Services.-- (1) In general.--Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by the Patient Protection and Affordable Care Act (Public Law 111-148), is amended-- (A) in subsection (a), by amending paragraph (10) to read as follows: ``(10) oral health services (as defined in subsection (dd)); and''; and (B) by adding at the end the following: ``(dd)(1) For purposes of this title, the term `oral health services' means-- ``(A) relief of pain and infections; ``(B) restoration or replacement of teeth; ``(C) periodontal treatment; ``(D) dental health preventive services, including adult fluoride application; ``(E) in-patient and out-patient dental surgical, evaluation, and examination services; ``(F) dentures or partial denture care; ``(G) per patient house call and long term care facility visits; ``(H) sedation and anesthesia; and ``(I) behavior management services. ``(2) For the purpose of this subsection: ``(A) The term `long term care facility' means-- ``(i) a nursing facility; ``(ii) an assisted living facility or a resident care program facility (as such terms are defined by the Secretary); ``(iii) a board and care facility (as defined in section 1903(q)(4)(B), including a mental retardation group home); ``(iv) an intermediate care facility for the mentally retarded; and ``(v) any other facility that is licensed or certified by the State and is determined appropriate by the Secretary, such as a community mental health center that meets the requirements of section 1913(c) of the Public Health Service Act, a psychiatric health facility, and a mental health rehabilitation center. ``(B) The term `house call' means the delivery of dental services in long term care facilities needed to overcome mobility impairments and transportation barriers. ``(C) The term `behavior management' means services needed to accommodate physical or behavioral impairment.''. (c) Conforming Amendments.-- (1) Terminology.--Section 1902(a)(43)(D)(iii) of the Social Security Act (42 U.S.C. 1396a(a)(43)(D)(iii)) is amended by striking ``dental'' and inserting ``oral health'' each place it appears. (2) State plan.--Section 1902(a) of such Act (42 U.S.C. 1396a(a)), as amended by the Patient Protection and Affordable Care Act, is amended-- (A) in paragraph (81), by striking ``and'' at the end; (B) in paragraph (82), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (82) the following: ``(83) provide for-- ``(A) making oral health services available to aged, blind, or disabled individuals described in subsection (b) of section 1944 in accordance with the requirements of that section; ``(B) informing all persons in the State who are aged, blind, or disabled and have been determined to be eligible for medical assistance including oral health services (as defined in section 1905(dd)), of the availability of such services; ``(C) providing or arranging for the provision of such services in all cases where they are requested; ``(D) arranging for (directly or through referral to appropriate agencies, organizations, or individuals) corrective treatment the need for which is disclosed by such services; and ``(E) reporting to the Secretary (in a uniform form and manner established by the Secretary, by aged, blind, or disabled group and by basis of eligibility for medical assistance, and by not later than April 1 after the end of each fiscal year, beginning with fiscal year 2011) the information relating to oral health services provided under the plan during each fiscal year consisting of-- ``(i) the number of aged, blind, or disabled individuals who reside in the State; ``(ii) the number of aged, blind, or disabled individuals provided oral health services; ``(iii) the number of such individuals referred for corrective treatment (the need for which is disclosed by such services); ``(iv) the amount of, and type of, preventive oral health services needed and provided; ``(v) the amount of, and type of, surgical restorative oral health services needed and provided; and ``(vi) the amount of, and type of, other oral health services needed and provided, disaggregated into whether the services were-- ``(I) emergency; ``(II) preventive; ``(III) surgical; ``(IV) restorative; ``(V) periodontal; ``(VI) endodontic; or ``(VII) prosthodontic.''. (3) Nursing facilities.--Section 1919(b)(4)(A)(vi) of such Act (42 U.S.C. 1396r(b)(4)(A)(vi)) is amended by inserting, ``oral health services (as defined in section 1905(dd)) for an aged, blind, or disabled individual described in section 1944(b) who is a resident of the nursing facility,'' after ``plan)''. (d) Federal Funding for Cost of Covering Aged, Blind, or Disabled.--Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by subsection (b)(1), is amended-- (1) in subsection (b), in the first sentence, by inserting ``subsection (dd) and'' before ``section 1933(d)'' ; and (2) by adding at the end the following new subsection: ``(ee) Increased FMAP for Medical Assistance for Aged, Blind, and Disabled Individuals.--The Federal medical assistance percentage determined for a State that is one of the 50 States or the District of Columbia for each fiscal year with respect to amounts expended for medical assistance for aged, blind and disabled individuals described in section 1944(b) shall be equal to 100 percent.''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to calendar quarters beginning on or after October 1, 2010, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) Delay permitted for state plan amendment.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.
Special Care Dentistry Act of 2010 - Amends title XIX (Medicaid) of the Social Security Act, as amended by the Patient Protection and Affordable Care Act, to require a state to provide oral health coverage for aged, blind, or disabled individuals through a separate state adult dental program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Consumers Aggravation and Money Act of 2000''. SEC. 2. RATE DISCLOSURES BY PROVIDERS OF DIAL-AROUND SERVICES. Title II of the Communications Act of 1934 is amended by inserting after section 231 (47 U.S.C. 231) the following new section: ``SEC. 232. RATE DISCLOSURES BY PROVIDERS OF DIAL-AROUND SERVICES. ``(a) Definitions.--As used in this section: ``(1) Dial-around services.--The term `dial-around services' means a product or service by which a person may use a seven-digit code to bypass such person's preferred interstate carrier to gain access to the telecommunications services of another carrier. ``(2) Consumer.--The term `consumer' means a person initiating any interstate telephone call using a seven-digit code to obtain dial-around services. ``(3) Preferred interstate carrier.--The term `preferred interstate carrier' means the carrier that provides interstate service to a consumer on a prescribed basis. ``(4) Presubscribed basis.--The term `presubscribed basis' means the selection of a common carrier to carry all interstate calls initiated by dialing `1' or `0' plus the area code, plus the terminating telephone number, or by dialing `011' or `00'. ``(5) Provider of dial-around services.--The term `provider of dial-around services' means any common carrier that provides interexchange services, or any other person determined by the Commission to be providing interexchange services, through the use of a dial-around code. ``(b) Requirements for Providers.--Beginning not later than 90 days after the date of enactment of this section, each provider of dial- around services shall, at a minimum-- ``(1) identify itself, audibly and distinctly, to the consumer at the beginning of each telephone call and before the consumer incurs any charge for the call; ``(2) disclose immediately to the consumer, upon request and at no charge to the consumer-- ``(A) a quote of its rates or charges for the call; ``(B) the methods by which such rates or charges will be collected; and ``(C) the methods by which complaints concerning such rates, charges, or collection practices will be resolved; and ``(3) permit the consumer to terminate the telephone call at no charge before the call is connected. ``(c) General Rulemaking Required.-- ``(1) Rulemaking proceeding.--The Commission shall conduct a rulemaking proceeding pursuant to this section and section 201(b) to prescribe regulations to-- ``(A) protect consumers from unfair and deceptive practices relating to their use of dial-around services to place interstate telephone calls; and ``(B) ensure that consumers have the information necessary to make informed choices in making such calls. ``(2) Contents of regulations.--The regulations prescribed under this section shall-- ``(A) contain provisions to implement each of the requirements of this section; and ``(B) contain such other provisions as the Commission determines necessary to carry out this section and section 201(b) and the purposes and policies of this section and section 201(b). ``(d) Statutory Construction.--Nothing in this section shall be construed to alter the obligations, powers, or duties of common carriers or the Commission under section 201(b) on the other sections of this Act.''. SEC. 3. PREVENTION OF FRAUDULENT ADVERTISING OF DIAL-AROUND SERVICES. (a) Amendment.--Section 201 of the Telephone Consumer Protection Act of 1991 (15 U.S.C. 5711) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection: ``(b) Dial-Around Services Advertising.-- ``(1) Advertising regulations.--The Commission shall prescribe rules in accordance with this subsection to prohibit unfair and deceptive acts and practices in any advertisement for dial-around services. Such rules shall require that the person offering such dial-around services-- ``(A) clearly and conspicuously disclose in any advertising the cost of the use of such dial-around services, including the total cost or the cost per minute and any other fees for that service and for any other dial-around service to which the caller may be transferred; ``(B) be prohibited from using advertisements that emit electronic tones which can automatically dial a dial-around telephone number; ``(C) ensure that, whenever the dial-around code number to be called is shown in television and print media advertisements, the charges for dial-around services are clear and conspicuous and (when shown in television advertisements) displayed for the same duration as that number is displayed; and ``(D) in delivering any telephone message soliciting calls to a dial-around service, specify clearly, and at no less than the audible volume of the solicitation, the total cost and the cost per minute and any other fees for that service and for any other dial-around service to which the caller may be transferred. ``(3) Access to information.--The Commission shall by rule require a common carrier that provides telephone services to a provider of dial-around services to make available to the Commission any records and financial information maintained by such carrier relating to the arrangements (other than for the provision of local exchange service) between such carrier and any provider of dial-around services. ``(4) Evasions.--The rules issued by the Commission under this section shall include provisions to prohibit unfair or deceptive acts or practices that evade such rules or undermine the rights provided to customers under this title, including through the use of alternative billing or other procedures. ``(5) Treatment of rules.--A rule issued under this subsection shall be treated as a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). ``(6) Effect on fcc.--Nothing in this section shall be construed to limit or otherwise alter the authority of the Federal Communications Commission under section 201(b), section 232, or any other provisions, of the Communications Act of 1934.''. (b) Conforming Amendments.-- (1) Deadline for regulations.--Section 201(c) of such Act (as redesignated by subsection (a)(1)) is amended by inserting after the first sentence the following: ``The Commission shall prescribe the rules under subsection (b) within 270 days after the date of enactment of the Save Consumers Aggravation and Money Act of 2000.''. (2) Cross references.--Sections 202, 203, and 204 of such Act are amended by striking ``section 201(a)'' each place it appears and inserting ``subsection (a) or (b) of section 201''. (3) Heading.--The heading of section 201(a) is amended by striking ``In General'' and inserting ``Pay-per-Call Services Regulations''. (4) Definition.--Section 204 of such Act is amended by adding at the end the following new paragraph: ``(5) The term `dial-around services' has the meaning provided in section 232(a) of the Communications Act of 1934.''.
Amends the Telephone Consumer Protection Act to require the Federal Trade Commission to prescribe rules to prohibit unfair and deceptive acts and practices in any advertisement for dial-around services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Combat-Injured Veterans Tax Fairness Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Approximately 10,000 to 11,000 individuals are retired from service in the Armed Forces for medical reasons each year. (2) Some of such individuals are separated from service in the Armed Forces for combat-related injuries (as defined in section 104(b)(3) of the Internal Revenue Code of 1986). (3) Congress has recognized the tremendous personal sacrifice of veterans with combat-related injuries by, among other things, specifically excluding from taxable income severance pay received for combat-related injuries. (4) Since 1991, the Secretary of Defense has improperly withheld taxes from severance pay for wounded veterans, thus denying them their due compensation and a significant benefit intended by Congress. (5) Many veterans owed redress are beyond the statutory period to file an amended tax return because they were not or are not aware that taxes were improperly withheld. SEC. 3. RESTORATION OF AMOUNTS IMPROPERLY WITHHELD FOR TAX PURPOSES FROM SEVERANCE PAYMENTS TO VETERANS WITH COMBAT-RELATED INJURIES. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall-- (1) identify-- (A) the severance payments-- (i) that the Secretary paid after January 17, 1991; (ii) that the Secretary computed under section 1212 of title 10, United States Code; (iii) that were not considered gross income pursuant to section 104(a)(4) of the Internal Revenue Code of 1986; and (iv) from which the Secretary withheld amounts for tax purposes; and (B) the individuals to whom such severance payments were made; and (2) with respect to each person identified under paragraph (1)(B), provide-- (A) notice of-- (i) the amount of severance payments in paragraph (1)(A) which were improperly withheld for tax purposes; and (ii) such other information determined to be necessary by the Secretary of Treasury to carry out the purposes of this section; and (B) instructions for filing amended tax returns to recover the amounts improperly withheld for tax purposes. (b) Extension of Limitation on Time for Credit or Refund.-- (1) Period for filing claim.--If a claim for credit or refund under section 6511(a) of the Internal Revenue Code of 1986 relates to a specified overpayment, the 3-year period of limitation prescribed by such subsection shall not expire before the date which is 1 year after the date the information return described in subsection (a)(2) is filed. The allowable amount of credit or refund of a specified overpayment shall be determined without regard to the amount of tax paid within the period provided in section 6511(b)(2). (2) Specified overpayment.--For purposes of paragraph (1), the term ``specified overpayment'' means an overpayment attributable to a severance payment described in subsection (a)(1). SEC. 4. REQUIREMENT THAT SECRETARY OF DEFENSE ENSURE AMOUNTS ARE NOT WITHHELD FOR TAX PURPOSES FROM SEVERANCE PAYMENTS NOT CONSIDERED GROSS INCOME. The Secretary of Defense shall take such actions as may be necessary to ensure that amounts are not withheld for tax purposes from severance payments made by the Secretary to individuals when such payments are not considered gross income pursuant to section 104(a)(4) of the Internal Revenue Code of 1986. SEC. 5. REPORT TO CONGRESS. (a) In General.--After completing the identification required by section 3(a) and not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the actions taken by the Secretary to carry out this Act. (b) Contents.--The report submitted under subsection (a) shall include the following: (1) The number of individuals identified under section 3(a)(1)(B). (2) Of all the severance payments described in section 3(a)(1)(A), the aggregate amount that the Secretary withheld for tax purposes from such payments. (3) A description of the actions the Secretary plans to take to carry out section 4. (c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services, the Committee on Veterans' Affairs, and the Committee on Finance of the Senate; and (2) the Committee on Armed Services, the Committee on Veterans' Affairs, and the Committee on Ways and Means of the House of Representatives.
Combat-Injured Veterans Tax Fairness Act of 2016 This bill directs the Department of Defense (DOD) to identify: certain severance payments to veterans with combat-related injuries paid after January 17, 1991, from which DOD withheld amounts for tax purposes, and the individuals to whom such severance payments were made. DOD shall provide each such veteran with: notice of the amount of improperly withheld severance payments, and instructions for filing amended tax returns to recover such amount. The period for filing a related claim with the Internal Revenue Service for a credit or refund is extended beyond the three-year limitation to the date that is one year after DOD provides the veteran with the information required by this Act. DOD shall ensure that amounts are not withheld for tax purposes from DOD severance payments to individuals when such payments are not considered gross income.
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SECTION 1. SHORT TITLE. This Act may be referred to as the ``Healthy America Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The United States faces a continuing challenge in improving the quality of the Nation's diet as the economic costs of poor nutrition, which contributes to coronary heart disease, cancer, stroke, and diabetes, 4 of the 10 leading causes of death, are significant. (2) Consumption of a healthy diet including nutritionally rich fruit and vegetables is essential for normal growth and development, and critical to promoting health and preventing an array of chronic diseases, as an estimated \1/3\ of cancer deaths could be prevented by healthy diets. (3) Most children and adults do not meet the recommended guidelines of 5 servings a day of fruit and vegetables, with only 15 percent of elementary students consuming the recommended requirement, and \1/4\ of adults. (4) Among needy students, school nutrition programs often provide the primary opportunity for consumption of nutritionally valuable foods. (5) Breakfast is a critical meal for children and provides the nutrition necessary to optimize their learning capacities. (6) The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), designed to safeguard the health of needy women, infants, and children has changed little in nearly 3 decades and does not reflect many current nutritional practices. To enhance the nutritional benefits for this at-risk population, fruits and vegetables should be available under the WIC program. (b) Purposes.--The purposes of this Act are: (1) To promote improved nutrition for needy Americans, including women, infants, children, and students, by revising and enhancing Federal nutrition programs to incorporate a greater role for fruits, vegetables, and 100 percent juice products. (2) To extend, expand, and enhance Federal nutrition policies that recognize and directly encourage consumption of fruits, vegetables, and juices as critical to promoting health and preventing an array of chronic diseases. (3) To develop nutrition policies that increase awareness and understanding of the benefits provided by fruits and vegetables with respect to disease prevention and health promotion, as fruit and vegetable consumption is an important component of a balanced diet. (4) To elevate the Federal government's investment in nutrition program priorities to better address the significant role fruit and vegetables play in health promotion and disease prevention for the neediest Americans. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``fruit and vegetables'' means fruits and vegetables that meet the guidelines developed by the National Cancer Institute and Produce for Better Health Foundation for the 5 A Day for Better Health program; and nuts (2) the term ``juice'' means 100 percent juice or juice concentrate, without added fat or sugar. SEC. 4. SCHOOL BREAKFAST PROGRAM. (a) Availability of Fruits and Juices.--Section 4(e) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)) is amended by adding at the end of paragraph (1)(A) the following: ``The Secretary shall require that schools participating in the school breakfast program under this section shall make available fruits and 100 percent juices, regardless of menu planning options.''. (b) Commodities Purchase Program for Breakfasts.-- (1) In general.--Section 6(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(c)) is amended-- (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: ``(2) The value of donated foods, or cash payments made in lieu thereof, shall be 5 cents for the school breakfast program.''. (2) Conforming amendment.--Section 6(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(b)) is amended by ``and school breakfast program'' after ``school lunch program''. SEC. 5. EXPANSION OF FRUIT AND VEGETABLE PILOT PROGRAM. Section 18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)) is amended to read as follows-- ``(g) Fruit and Vegetable Pilot Program.-- ``(1) In general.--In the school year beginning July 2004, and in each of the 5 school years thereafter, the Secretary shall carry out a pilot program in-- ``(A) 25 elementary or secondary schools in each of the 50 States, and in elementary or secondary schools on 10 Indian reservations, to make available to students free fresh and dried fruits and fresh vegetables during the school day in 1 or more areas designated by the school; and ``(B) 25 service institutions in each of the 50 States participating in the summer food service program for children established under section 13, to make available to children free fresh and dried fruits and fresh vegetables during the day of operation in 1 or more areas designated by the service institution. ``(2) Publicity.--A school or service institution that participates in the pilot program shall widely publicize within the school or service institution the availability of free fruits and vegetables under the pilot program. ``(3) Administrative costs.--A participating school or service institution may use for administrative expenses-- ``(A) during the first year of participation in the pilot program, not more than 20 percent of the funds made available to the school or service institution for the year; and ``(B) during each subsequent year of participation in the pilot program, not more than 10 percent of the funds made available to the school or service institution for the year. ``(4) Report.--Not later than May 1, 2007, the Secretary, acting through the Administrator of the Economic Research Service, shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the results of the pilot program. ``(5) Funding.--The Secretary shall use not more than $75,000,000 of funds made available under section 32 of the Act of August 24, 1935 (7 18 U.S.C. 612c), to carry out this subsection (other than paragraph (4)).''. SEC. 6. HEALTHY FOODS FOR HEALTHY KIDS INITIATIVE GRANT PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following new subsection: ``(h) Healthy Foods for Healthy Kids Initiative Grant Program.-- ``(1) In general.--In the school year beginning July 2004, each of the 5 school years thereafter, the Secretary, in conjunction with the National 5 A Day for Better Health program, shall carry out a Healthy Foods for Healthy Kids program to provide grants to school districts for innovative projects to increase the availability and consumption of fruits and vegetables. ``(2) Criteria for grant projects.--In selecting projects to receive grants under this subsection, the Secretary shall consider projects which-- ``(A) provide the necessary infrastructure, such as procurement, delivery, and storage efforts to enhance offerings of fruits and vegetables; ``(B) initiate or offer salad bars, prepackaged salads, and fruit cups, innovative vending options, refrigerated vending, and other creative preparation and presentation methods; ``(C) provide relevant training for school food service personnel carrying out these efforts; and ``(D) enhance education and promotion of fruit and vegetable intake; ``(E) establish school garden projects to provide an interactive, hands-on learning environment to teach fundamental nutrition concepts, foster a better understanding of where food comes from, and create opportunities for children to make healthier food choices. ``(3) Evaluation and report.--The Secretary shall conduct an evaluation of the results of the program and shall transmit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate not later than May 1, 2007. ``(4) Authorization of appropriations.--There are authorized to be appropriated for carrying out this subsection $20,000,000 for each of fiscal years 2004 through 2009.''. SEC. 7. FRUITS AND VEGETABLES IN SUMMER FOOD SERVICE PROGRAM. Section 13(f)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended by adding at the end the following: ``States shall, with assistance that the Secretary is authorized to provide, ensure that meals include fruit, vegetables, and 100 percent juices.'' SEC. 8. IMPROVEMENTS AND MODERNIZATION OF REQUIREMENTS UNDER THE WOMEN, INFANTS, AND CHILDREN PROGRAM. The Secretary shall revise the regulations relating to the Special Supplemental Nutrition Program for Women, Infants, and Children (established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786)) to-- (1) update and improve the nutritional standards of food under the program; (2) require that the food package requirements, target nutrients, and nutrient needs of participants be re-evaluated and revised at least every 10 years to reflect current nutrition science; (3) permit program participants access to fresh fruits and vegetables; (4) permit the purchase of juices other than from concentrate and revise packaging requirements under the program to permit the purchase of products in modern packaging, including plastic and carton containers; (5) permit the purchase of generic branded fruits and vegetable products under the program; and (6) include in nutrition education efforts a greater focus on promoting the consumption of fruits and vegetables. SEC. 9. DEPARTMENT OF DEFENSE PURCHASE AND DISTRIBUTION OF FRESH FRUITS AND VEGETABLES. Section 10603 of the Farm and Rural Investment Act of 2002 (7 U.S.C. 612c-4) is amended by striking ``$50,000,000'' and inserting ``$100,000,000''. SEC. 10. FRUIT AND VEGETABLE RESEARCH AGENDA. (a) In General.--The Secretary of Agriculture shall develop a fruit and vegetable research agenda that coordinates research between the Economic Research Service, the Food and Nutrition Service, the Agricultural Research Service and other agencies of the Department of Agriculture. (b) Coordination and Goals.--The agenda should include research on how best to promote fruit and vegetable intake to children and should be developed in coordination with the produce industry, nutrition and health organizations, school food service professionals, and other stakeholders. Research goals shall include-- (1) the impact of increased fruit and vegetable consumption toward preventing chronic diseases, including reducing obesity, diabetes, diverticulosis, cataracts, cancer, heart disease, stroke, and hypertension, and the overall benefits of whole food consumption including documentation of certain phytonutrients found in fresh produce that may help prevent such chronic diseases; (2) the development of more effective behavior-based dietary interventions and health promotion programs to increase consumption of fruits and vegetables based on Federal dietary guidelines, including environmental influences, strategies for overcoming barriers to behavior change, and food preference development for children and adolescents; and (3) identifying the influences on food choices and options for providing an optimal environment for making informed healthy food choices in a free-market economy, including evaluation of different methods for communicating health information. SEC. 11. NATIONAL 5 A DAY COORDINATOR. The Secretary shall appoint a national 5 A Day for Better Health program coordinator and 7 regional 5 A Day coordinators for each of the 7 Food and Nutrition Service regional offices to coordinate and expand the Secretary's efforts to promote the consumption of fruit and vegetables. SEC. 12. REPORT ON COMMODITY PURCHASING PROGRAM. Not later than 6 months after the date of enactment of this Act, the Secretary of Agriculture shall transmit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate which shall include-- (1) an assessment of current commodity purchasing practices and how purchasing decisions are made; and (2) recommendations for a plan of action to align such purchases with the Dietary Guidelines for Americans issued by the Secretary and by the Secretary of Health and Human Services. SEC. 13. STATE AND LOCAL PARTNERSHIPS. It is the sense of Congress that the Secretary of Agriculture should establish partnerships with State departments of agriculture, State health departments, State departments of education, and other State and local organizations to improve access to and efficient distribution of fresh fruits and vegetables to schools and nutrition programs.
Healthy America Act - Amends the Child Nutrition Act of 1966 to direct the Secretary of Agriculture to require schools participating in the school breakfast program to make available fruits and juices.Amends the Richard B. Russell National School Lunch Act (the Act) to direct the Secretary to expand the fruit and vegetable school pilot program.Amends the Act to direct the Secretary, in conjunction with the National 5 a Day for Better Health program, to carry out a Healthy Foods for Healthy Kids program to provide grants to school districts for innovative projects to increase the availability and consumption of fruits and vegetables.Amends the Act to require States to ensure that meals in the summer food service program include fruits, vegetables, and juices.Directs the Secretary to revise in specified ways the regulations relating to the Special Supplemental Nutrition Program for Women, Infants, and Children.Amends the Farm and Rural Investment Act of 2002 to increase the minimum amount to be spent on the purchase of fresh fruits and vegetables for distribution to schools and service institutions.Directs the Secretary to develop a fruit and vegetable research agenda that coordinates research between agencies of the Department of Agriculture.Directs the Secretary to appoint a national 5 A Day for Better Health program coordinator and seven regional coordinators to promote the consumption of fruit and vegetables.Expresses the sense of Congress that the Secretary should establish partnerships with State and local organizations to improve access to and efficient distribution of fresh fruits and vegetables to schools and nutrition programs.
{"src": "billsum_train", "title": "To promote improved nutrition for needy Americans, including women, infants, children, and students, by revising and enhancing Federal nutrition programs to incorporate a greater role for fruits, vegetables, and 100 percent juice products."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Affordability Act of 2007''. SEC. 2. ALLOWANCE OF DEDUCTION FOR EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and inserting after section 223 the following new section: ``SEC. 224. EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. ``(a) Allowance of Deduction.--In the case of an individual for whom there are 1 or more qualifying individuals with respect to such individual, there shall be allowed as a deduction an amount equal to so much of the employment-related expenses paid by such individual during the taxable year as do not exceed-- ``(1) $13,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(2) 200 percent of the dollar amount in effect under paragraph (1) for the taxable year if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualifying individual; employment-related expenses.-- The terms `qualifying individual' and `employment-related expenses' shall have the respective meanings given such terms by section 21(b). ``(2) Denial of double benefit.-- ``(A) Coordination with dependent care assistance program.--The amount of employment-related expenses otherwise taken into account under subsection (a) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year. ``(B) Coordination with credit for employment- related expenses.--No deduction shall be allowed under subsection (a) for a taxable year with respect to the employment-related expenses of the taxpayer if the taxpayer elects to have section 21 apply for such taxable year. ``(3) Special rule for spouse who is a student or incapable of caring for himself.--In the case of a spouse who is a student or a qualified individual described in section 21(b)(1)(C), for purposes of paragraph (4), such spouse shall be deemed for each month during which such spouse is a full- time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than-- ``(A) \1/12\ of the amount in effect under subsection (a)(1) if such subsection applies for the taxable year, or ``(B) \1/12\ of the amount in effect under subsection (a)(2) if such subsection applies for the taxable year. In the case of any husband and wife, this paragraph shall apply with respect to only one spouse for any one month. ``(4) Other special rules.--Rules similar to the rules of subsections (d)(1) and (e) of section 21 shall apply for purposes of this section. ``(c) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2008, the dollar amount under subsection (a)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Deductible Whether or Not Taxpayer Itemizes.--Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (21) the following new paragraph: ``(22) Expenses for household and dependent care services necessary for gainful employment.--The deduction allowed by section 224.''. (c) Conforming Amendments.-- (1) Subsection (e) of section 213 is amended by inserting ``or deduction under section 224'' after ``section 21''. (2) Paragraph (2) of section 6213(g) is amended-- (A) by striking ``or'' in subparagraph (H) and inserting ``, section 224 (relating to expenses for household and dependent care services necessary for gainful employment), or'', and (B) by striking ``or 32'' in subparagraph (L) and inserting ``32, or 224''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid in taxable years beginning after the date of the enactment of this Act. SEC. 3. MODIFICATION OF CREDIT FOR EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. (a) In General.-- (1) Increase in credit limitation.--Subsection (c) of section 21 of the Internal Revenue Code of 1986 (relating to dollar limit on amount creditable) is amended-- (A) by striking ``$3,000'' in paragraph (1) and inserting ``13,000'', and (B) by striking ``$6,000'' in paragraph (2) and inserting ``200 percent of the dollar amount in effect under paragraph (1) for the taxable year''. (2) Inflation adjustment.--Section 21 of such Code is amended by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: ``(f) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2008, the dollar amount under subsection (a)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.''. (3) Increase in deemed earned income amounts.--Paragraph (2) of section 21(d) of such Code (relating to special rules for spouse who is a student or incapable of caring for himself) is amended-- (A) by striking ``$250 if subsection (c)(1)'' in subparagraph (A) and inserting ``\1/12\ of the amount in effect under subsection (c)(1) if such subsection'', and (B) by striking ``$500 if subsection (c)(2)'' in subparagraph (B) and inserting ``\1/12\ of the amount in effect under subsection (c)(2) if such subsection''. (b) Coordination With Deduction for Employment-Related Expenses.-- Subsection (e) of section 21 of such Code (relating to special rules) is amended by adding at the end the following new paragraph: ``(11) Election to have section apply.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year.''. (c) Credit Made Refundable.-- (1) Credit moved to subpart relating to refundable credits.--Such Code is amended-- (A) by redesignating section 36 as section 37, (B) by redesignating section 21, as amended by this section, as section 36, and (C) by moving section 36 (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 (as so redesignated) in subpart C of part IV of subchapter A of chapter 1. (d) Conforming Amendments.-- (1) Section 224(b) of such Code, as added by this Act, is amended-- (A) by striking ``section 21(b)'' in paragraph (1) and inserting ``section 36(b)'', (B) by striking ``section 21'' in paragraph (2)(B) and inserting ``section 36'', (C) by striking ``section 21(b)(1)(C)'' in paragraph (3) and inserting ``section 36(b)(1)(C)'', and (D) by striking ``section 21'' in paragraph (4) and inserting ``section 36''. (2) Subsection (e) of section 213 of such Code is amended by striking ``section 21'' and inserting ``section 36''. (3) Paragraph (2) of section 6213(g) of such Code is amended by striking ``section 21'' each place it appears and inserting ``section 36''. (4) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``, 36,'' after ``section 35''. (5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 21. (6) The table of sections for subpart C of part IV of subchaper A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following new items: ``Sec. 36. Expenses for household and dependent care services necessary for gainful employment. ``Sec. 37. Overpayments of tax.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid in taxable years beginning after the date of the enactment of this Act.
Child Care Affordability Act of 2007 - Amends the Internal Revenue Code to: (1) allow a tax deduction for expenses paid for household and dependent care services necessary for gainful employment; (2) increase the dollar limitation on the tax credit for such expenses; (3) provide for an inflation adjustment after 2008 to the dollar amounts for such tax deduction and tax credit; and (4) make such tax credit refundable.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Haitian Educational Empowerment Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) On October 4, 2016, Hurricane Matthew devastated Haiti, killing over 1,000 people, and directly affected 2.1 million people, including the internal displacement of 175,000 and 1.4 million people in need of urgent humanitarian aid. (2) The storm damage has been estimated to be $1,000,000,000, or about 11.4 percent of the gross domestic product of Haiti. (3) Hurricane Matthew was the worst hurricane to hit Haiti in over 50 years. (4) Haiti is the poorest country in the Western Hemisphere. (5) Eighty percent of the population lives below the poverty line, and approximately 45 percent of the population is illiterate. (6) On January 12, 2010, a 7.0-magnitude earthquake struck the country of Haiti. (7) The earthquake caused massive devastation across Haiti, destroying government buildings, hospitals, schools, and vital aid offices, including the headquarters of the United Nations mission to Haiti. (8) An estimated three million people were directly affected by the earthquake in Haiti, nearly one-third of the country's population. (9) Many universities suffered significant structural damage, including the State University of Haiti, the country's main public university, which had 80 percent of its buildings destroyed. (10) The earthquake claimed the lives of many students and several prominent academics. (11) Before the earthquake, at least 85 percent of Haitians with a university degree left the island. (12) A more highly educated population is vital to Haiti's long-term development. SEC. 3. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR CERTAIN HAITIAN STUDENTS. (a) In General.--The Secretary of State, acting through the Assistant Secretary of State for Educational and Cultural Affairs, shall establish a scholarship program for Haitian students whose studies were interrupted as a result of the January 12, 2010, earthquake or the October 4, 2016, hurricane, Hurricane Matthew. (b) Eligibility.--To be eligible to receive a scholarship under this section, a Haitian undergraduate or graduate student shall-- (1) have been enrolled as a full-time student in a Haitian university or institution of higher education in the United States at the time of the January 12, 2010, earthquake or when Hurricane Matthew hit Haiti on October 4, 2016; and (2) submit to the Assistant Secretary of State for Educational and Cultural Affairs an application at such time, in such manner, and containing such information as the Assistant Secretary may require. (c) Duration.--A scholarship under this section shall be awarded to a Haitian student for one academic year and may be renewed in accordance with subsection (d). (d) Renewal.-- (1) In general.--A scholarship awarded under this section may be renewed for an additional academic year upon demonstration to the Secretary of State of satisfactory academic achievement in the prior academic year. (2) Maximum renewals.--A scholarship awarded under this section may not be renewed for more than six academic years. (e) Preference.--Preference in the awarding of scholarships shall be given to the following categories of Haitian students: (1) Haitian students who are studying subjects of importance to Haiti's long-term social, economic, or political development. (2) Haitian students who were enrolled in programs that were forced to cease operations as a result of the January 12, 2010, earthquake or the October 4, 2016, hurricane, Hurricane Matthew. (f) Return.--Upon completion of an undergraduate or graduate degree at an institution of higher education, a Haitian student who has received a scholarship under this section shall return to Haiti. (g) Scholarship Amount.--A scholarship awarded to a Haitian student under this section may not exceed an amount equal to the total costs related to the tuition and fees for one academic year at an institution of higher education in which the student is enrolled as a full-time student. SEC. 4. GRANTS TO UNITED STATES COLLEGES AND UNIVERSITIES. The Secretary of State, acting through the Assistant Secretary of State for Educational and Cultural Affairs, may make grants to institutions of higher education that have enrolled a significant number of Haitian students who have been enrolled as full-time students in a Haitian university at the time of the January 12, 2010, earthquake or the October 4, 2016, hurricane, Hurricane Matthew. Such grants shall be used to provide social and educational support services to such students. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Fees.--The term ``fees'' means-- (A) fees normally assessed a full-time student, as determined by an institution of higher education, including-- (i) costs for the rental or purchase of any equipment, materials, or supplies required of all students in the same course of study; and (ii) an allowance for room and board at such institution; and (B) travel expenses to such institution from Haiti and, upon the completion of a degree at such institution, from such institution to Haiti. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Scholarship.--The term ``scholarship'' means an amount awarded to a Haitian student under this section that shall only be used to pay costs related to the tuition and fees at the institution of higher education in which the student is enrolled as a full-time student.
Haitian Educational Empowerment Act of 2017 This bill directs the Department of State to establish a scholarship program for eligible Haitian students who were enrolled as full-time students in a Haitian or U.S. university or institution of higher education and whose studies were interrupted as a result of the January 12, 2010, earthquake or the October 4, 2016, Hurricane Matthew. A Haitian student who receives such a scholarship shall return to Haiti upon completion of an undergraduate or graduate degree. The State Department may make grants to institutions of higher education that have enrolled a significant number of Haitian students who were enrolled as full-time students in a Haitian university at the time of such earthquake or hurricane. Such grants shall be used to provide social and educational support services.
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SECTION 1. INSPECTOR GENERAL FOR THE FEDERAL BUREAU OF INVESTIGATION. (a) Short Title.--This Act may be cited as the ``Inspector General for the Federal Bureau of Investigation Act of 2001''. (b) Establishment of An Inspector General for the Federal Bureau of Investigation.--The matter following paragraph (3) of section 2 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B); and'' and inserting ``subparagraphs (A) and (B);''; (2) in subparagraph (B), by striking the period and inserting ''; and''; and (3) by adding at the end the following: ``(C) in the establishment of the Department of the Justice-- ``(i) an Office of Inspector General of the Department of Justice; and ``(ii) an Office of Inspector General for the Federal Bureau of Investigation.''. (c) Amendments to Section 8E of the Inspector General Act of 1978.-- (1) Limitation on authority of inspector general.--Section 8E(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(4) Paragraphs (1), (2), and (3) shall apply to the Attorney General and the Director of the Federal Bureau of Investigation, and the Inspector General for the Federal Bureau of Investigation in the same manner and to the same extent as such paragraphs apply to the Attorney General and the Inspector General of the Department of Justice, respectively.''. (2) Duties of inspector general of the department of justice; relationship to the inspector general for the federal bureau of investigation.--Section 8E(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) by inserting ``(1)'' after ``(b)''; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; and (C) by adding at the end the following: ``(2) The Inspector General of the Department of Justice shall exercise all duties and responsibilities of an Inspector General for the Department of Justice other than the duties and responsibilities exercised by the Inspector General for the Federal Bureau of Investigation. ``(3) The Attorney General shall establish procedures under which the Inspector General of the Department of Justice and the Inspector General for the Federal Bureau of Investigation will-- ``(A) determine how audits and investigations are allocated in cases of overlapping jurisdiction; and ``(B) provide for coordination, cooperation, and efficiency in the conduct of such audits and investigations.''. (3) Transmission of reports.--Section 8E(c) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) by inserting ``(1)'' after ``(c)''; (B) by striking ``Government Operations'' and inserting ``Government Reform''; and (C) by adding at the end the following: ``(2)(A) Any report made by the Inspector General for the Federal Bureau of Investigation that is required to be transmitted by the Attorney General to the appropriate committees or subcommittees of Congress under section 5(d) shall also be transmitted, within the 7-day period specified under such subsection, to the Director of the Federal Bureau of Investigation. ``(B) Subparagraph (A) shall not apply to any report the subject of which is the Director of the Federal Bureau of Investigation.''. (4) Inspector general for the federal bureau of investigation.--Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(d) The Inspector General for the Federal Bureau of Investigation shall exercise all duties and responsibilities of an Inspector General of an establishment with respect to the Department of Justice and the Attorney General on all matters relating to the Federal Bureau of Investigation. The Inspector General for the Federal Bureau of Investigation shall have sole authority under this Act to conduct an audit or investigation of the Director of the Federal Bureau of Investigation. ``(e) In addition to the requirements of the first sentence of section 3(a), the Inspector General for the Federal Bureau of Investigation should have demonstrated ability to lead a large and complex organization. ``(f) An individual appointed to the position of Inspector General for the Federal Bureau of Investigation, the Assistant Inspector General for Auditing of the Office of the Inspector General for the Federal Bureau of Investigation under section 3(d)(1), the Assistant Inspector General for Investigations of the Office of the Inspector General for the Federal Bureau of Investigation under section 3(d)(2), or any position of Deputy Inspector General of the Office of the Inspector General for the Federal Bureau of Investigation may not be an employee of the Federal Bureau of Investigation-- ``(1) during the 2-year period preceding the date of appointment to such position; or ``(2) during the 5-year period following the date such individual ends service in such position. ``(g)(1) The Attorney General or the Director of the Federal Bureau of Investigation may request, in writing, the Inspector General for the Federal Bureau of Investigation to conduct an audit or investigation relating to the Federal Bureau of Investigation. If the Inspector General for the Federal Bureau of Investigation determines not to conduct such audit or investigation, the Inspector General shall timely provide a written explanation for such determination to the Attorney General or the Director of the Federal Bureau of Investigation. ``(2)(A) Any final report of an audit conducted by the Inspector General for the Federal Bureau of Investigation shall be timely submitted by the Inspector General to the Attorney General and the Director of the Federal Bureau of Investigation. ``(B) The Inspector General for the Federal Bureau of Investigation shall-- ``(i) periodically submit to the Attorney General and the Director of the Federal Bureau of Investigation a list of investigations for which a final report has been completed by the Inspector General; and ``(ii) provide a copy of any such report to-- ``(I) the Attorney General, upon the request of the Attorney General; or ``(II) the Director of the Federal Bureau of Investigation, upon the request of the Director, unless the subject of the report is the Director of the Federal Bureau of Investigation. ``(C) This paragraph applies regardless of whether the applicable audit or investigation is requested under paragraph (1).''. (d) Transfer of Functions.-- (1) In general.--Section 9(a)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended in subparagraph (I)-- (A) by inserting ``(i)'' after ``(I)''; (B) by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(ii) of the Federal Bureau of Investigation, effective 180 days after the date of enactment of the Inspector General for the Federal Bureau of Investigation Act of 2001, the division of such bureau referred to as the `Inspections Division' and that portion of each of the divisions or offices of such bureau which is engaged in internal audit and investigative activities;''. (2) Termination of office of the inspections division.-- Effective upon the transfer of functions under the amendment made by paragraph (1), the division of the Federal Bureau of Investigation referred to as the ``Inspections Division'' and the Federal Bureau of Investigation Office of Professional Responsibility are terminated. (e) Audits and Reports of Agency Financial Statements.--Subject to section 3521(g) of title 31, United States Code-- (1) the Inspector General of the Department of Justice shall, subject to paragraph (2)-- (A) audit each financial statement in accordance with section 3521(e) of such title; and (B) prepare and submit each report required under section 3521(f) of such title; and (2) the Inspector General for the Federal Bureau of Investigation shall-- (A) audit that portion of each financial statement referred to under paragraph (1)(A) that relates to custodial and administrative accounts of the Federal Bureau of Investigation; and (B) prepare that portion of each report referred to under paragraph (1)(B) that relates to custodial and administrative accounts of the Federal Bureau of Investigation. (f) Technical and Conforming Amendments.-- (1) Amendments relating to references to the inspector general of the department of justice.-- (A) Limitation on authority.--Section 8E(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (i) in the first sentence of paragraph (1), by inserting ``of the Department of the Justice'' after ``Inspector General''; (ii) in paragraph (2), by inserting ``of the Department of Justice'' after ``prohibit the Inspector General''; and (iii) in paragraph (3)-- (I) in the first sentence, by inserting ``of the Department of Justice'' after ``notify the Inspector General''; and (II) in the second sentence, by inserting ``of the Department of Justice'' after ``notice, the Inspector General''. (B) Duties.--Section 8E(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (i) in paragraph (1), by striking ``the Inspector General'' and inserting ``such Inspector General''; and (ii) in paragraph (2), by inserting ``of the Department of Justice'' after ``Inspector General''. (2) Employee or contractor complaints.--Section 8H(a)(1)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``Department of Justice'' and inserting ``Federal Bureau of Investigation''. (3) Executive schedule level iv position.--Section 5315 of title 5, United States Code, is amended by inserting after the item relating to the Inspector General, Department of Justice the following: ``Inspector General, Federal Bureau of Investigation.''. (g) Effective Date.--This Act shall take effect 180 days after the date of enactment of this Act.
Inspector General for the Federal Bureau of Investigation Act of 2001 - Amends the Inspector General Act of 1978 to establish in the Department of Justice (DOJ) an Office of Inspector General for the Federal Bureau of Investigation (FBI). Requires the Attorney General to establish procedures under which the Inspectors General for DOJ and the FBI provide for the allocation of audits and investigations in cases of overlapping jurisdiction. Outlines required duties of the Inspector General, including FBI audits and investigations. Transfers appropriate functions to such Inspector General.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``James Madison Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of the 250th anniversary of the birth of James Madison, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 800,000 1 dollar coins, 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 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. (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 ``2001''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the executive director of Montpelier, the National Trust for Historic Preservation, and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2001. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2001. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the 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 shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Trust for Historic Preservation in the United States (hereafter in this Act referred to as the ``National Trust'') to be used-- (1) to establish an endowment to be a permanent source of support for Montpelier, the life-long home of James Madison and a museum property of the National Trust; and (2) to fund capital restoration projects at Montpelier. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Trust and Montpelier as may be related to the expenditures of amounts paid under subsection (a). 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.
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
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SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Medicare Medication Therapy Management Services Coverage Act of 2002''. (b) Purpose.--The purpose of this Act is to provide coverage of medication therapy management services under the medicare program for beneficiaries at risk for potential medication problems, such as beneficiaries taking multiple medications and beneficiaries with complex or chronic medical conditions. SEC. 2. MEDICARE COVERAGE OF MEDICATION THERAPY MANAGEMENT SERVICES FOR CERTAIN HIGH-RISK PATIENTS. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (U); (B) by adding ``and'' at the end of subparagraph (V); and (C) by adding at the end the following new subparagraph: ``(W) medication therapy management services (as defined in subsection (ww)(1)(A)) for individuals who are receiving medication for a condition and are otherwise determined to be at high risk (as defined by the Secretary), and including disease specific management services for individuals who are receiving medication for the treatment of asthma or diabetes, lipid reducing medication, anti-coagulation medication, or medication for such other chronic diseases as the Secretary may specify;''; (2) by adding at the end the following new subsection: ``Medication Therapy Management Services; Qualified Pharmacist ``(ww)(1)(A) The term `medication therapy management services' means-- ``(i) services or programs furnished by a qualified pharmacist in an eligible State which are designed-- ``(I) to assure that medications are used appropriately by individuals; ``(II) to enhance individuals' understanding of the appropriate use of medications; ``(III) to increase individuals' compliance with prescription medication regimens; ``(IV) to reduce the risk of potential adverse events associated with medications; and ``(V) to reduce the need for other costly medical services through better management of medication therapy; and ``(ii) services provided by qualified pharmacists in collaboration with physicians and other health care professionals when necessary, involving case management, disease management, patient training and education, medication refill reminders, medication therapy problem resolution, laboratory testing conducted to monitor medication therapy, other services of qualified pharmacists that enhance the use of prescription medications, and such other professional services of qualified pharmacists, consistent with the scope of the practice of pharmacy as defined by applicable State law or regulation. ``(B) The term `disease specific management services' means medication therapy management services provided to individuals who are receiving medication for the treatment of asthma or diabetes, lipid reducing medication, anti-coagulation medication, or medication for such other chronic diseases as the Secretary may specify, only pursuant to a protocol with the individual's treating physician under which the qualified pharmacist may initiate or modify the medication therapy, and carry out such additional medication therapy management services as is provided under State law or regulation, as permitted under the protocol. ``(C) Covered medication therapy management services are covered under this title only if they are documented and shared with the appropriate physician and other health care providers (as established under a reporting system developed by State Boards of Pharmacy). ``(2) The term `qualified pharmacist' means an individual who-- ``(A) is a licensed pharmacist in good standing with the State Board of Pharmacy; ``(B) with respect only to the provision of disease specific management services, is currently certified by a nationally recognized licensed certification or credentialing program to furnish medication management therapy services for the diseases referred to in paragraph (1)(B); and ``(C) has a separate, private consultation area in which to provide covered. ``(3) The term `eligible State' means a State that meets such criteria as the Secretary may establish for the licensing or credentialing of qualified pharmacists for the provision of medication therapy management services in the State, and shall include a State that is eligible for payments under title XIX for the provision of such services under the State plan.''; and (3) in subsection (aa)(6), by inserting ``(or, with respect to subsection (ww)(1)(B), a qualified pharmacist)'' after ``nurse practitioner'' and by inserting ``(or pharmacist's)'' after ``practitioner's''. (b) Payment.-- (1) In general.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) in subsection (a)(1)-- (i) by striking ``and'' before ``(U)''; and (ii) by inserting before the semicolon at the end the following: ``, and (V) with respect to covered medication therapy management services (as defined in section 1861(ww)(1)), the amounts paid shall be 80 percent of the lesser of the actual charge or the amounts specified under the fee schedule developed under subsection (p)''; and (B) by inserting after subsection (o) the following new subsection: ``(p) With respect to medication therapy management services (as defined in section 1861(ww)(1)), the Secretary shall establish a fee schedule-- ``(1) under which payments are based on an encounter and increase in 15 minute increments; and ``(2) in which, in order to be paid for a 15-minute increment, the majority of the time be spent by the qualified pharmacist in providing covered services.''. (2) Application of balance billing limitations.--Section 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A qualified pharmacist (as defined in section 1861(ww)(2)).''. (3) Report to congress.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on fee schedule developed under section 1834(p) of the Social Security Act (as added by paragraph (1)) for covered medication therapy management services under part B of the medicare program. (c) Program Operation.-- (1) Development in consultation with pharmacy organizations.--The Secretary of Health and Human Services shall carry out the amendments made by this section in cooperation with organizations representing qualified pharmacists, including-- (A) identifying medication therapy management services that will be covered; and (B) establishing payment mechanisms for such services. (2) Ongoing evaluation.--The Secretary shall provide for an ongoing evaluation and documentation of the provision of medication therapy management services under such amendment in improving quality of care and reducing health care costs. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2004.
Medicare Medication Therapy Management Services Coverage Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medication therapy management services for certain patients at high risk for potential medication problems, including: (1) beneficiaries taking multiple medications; (2) beneficiaries with complex or chronic medical conditions; and (3) individuals receiving medication for the treatment of asthma or diabetes, lipid reducing medication, anti-coagulation medication, or medication for other chronic diseases the Secretary may specify.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Employment Outcomes of TANF Recipients Act''. SEC. 2. IMPROVING ECONOMIC MOBILITY OF TANF RECIPIENTS. Section 403(a)(4) of the Social Security Act (42 U.S.C. 603(a)(4)) is amended to read as follows: ``(4) Improving economic mobility of tanf recipients.-- ``(A) Measuring state performance.-- ``(i) In general.--Each State, in consultation with the Secretary, shall collect and report information necessary to measure the level of performance of the State for each indicator described in clause (ii), for fiscal year 2018 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2018 to establish the baseline level of performance of each State for each such indicator. ``(ii) Indicators.--The indicators described in this clause, for a fiscal year, are the following: ``(I) The employment percentage for the fiscal year, which is equal to-- ``(aa) the number of families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who, during the 2nd quarter after the exit, include an adult in unsubsidized employment; divided by ``(bb) the number of families who received assistance from the program in the exit quarter referred to in subclause (aa). ``(II) The retention percentage for the fiscal year, which is equal to-- ``(aa) the number of families receiving assistance from the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who, during the 4th quarter after the exit, include an adult in unsubsidized employment; divided by ``(bb) the number of families who received assistance under the program in the exit quarter referred to in subclause (aa). ``(III) The advancement measure for the fiscal year, which is equal to the median earnings of the adults receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who during the 2nd quarter after the exit, are in unsubsidized employment. ``(iii) Agreement on requisite performance level for each indicator.-- ``(I) Fiscal years 2019 and 2020.-- The State shall reach agreement with the Secretary on the requisite level of performance for each indicator described in clause (ii), for each of fiscal years 2019 and 2020. In establishing the requisite levels of performance, the State and the Secretary shall-- ``(aa) take into account how the levels involved compare with the levels established for other States; ``(bb) ensure the levels involved are adjusted, using the objective statistical model referred to in clause (v), based on-- ``(AA) the differences among States in actual economic conditions, including differences in unemployment rates and job losses or gains in particular industries; and ``(BB) the characteristics of participants on entry into the program, including indicators of prior work history, lack of educational or occupational skills attainment, or other factors that may affect employment and earnings; and ``(cc) take into account the extent to which the levels involved promote continuous improvement in performance by each State. ``(II) Fiscal year 2021.--The State shall reach agreement with the Secretary, before fiscal year 2021, on the requisite level of performance for each indicator described in clause (ii), for fiscal year 2021, which shall be established in accordance with subclause (I) of this clause. ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a fiscal year and a State to reflect the actual economic conditions and characteristics of participants during that fiscal year in the State. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for actual economic conditions and characteristics of participants, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141). ``(B) Report on state performance.-- ``(i) In general.--Not later than October 1, 2017, the Secretary shall develop a template which each State shall use to report on outcomes achieved under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). ``(ii) Contents.--Each such report shall include-- ``(I) the number of individuals who exited the program during the year, and their reasons for doing so, including a separate accounting of the number of work-eligible individuals (as so defined) who exited the program during the year and their reasons for doing so; ``(II) the characteristics of the individuals who exited the program during the year, including information on the length of time the individual received assistance under the program, the educational level of the individual, and the earnings of the individual in the 4 quarters preceding the exit; and ``(III) information specifying the levels of performance achieved on each indicator described in subparagraph (A)(ii). ``(iii) Publication.--Not later than September 30 of fiscal year 2020 and of each succeeding fiscal year, the Secretary shall make available electronically to the public each report submitted under this subparagraph during the fiscal year. ``(C) Regulations.--The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations as may be necessary to provide for the measurement of State performance on the indicators described in this paragraph.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2016. Amend the title so as to read: ``A bill to increase the employment, job retention, and earnings of former TANF recipients.''.
Improving Employment Outcomes of TANF Recipients Act (Sec. 2) This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to replace the current program of bonus grants for high performing states with a program requiring each state to collect and report information necessary to measure the state's level of performance for FY2018 and each ensuing fiscal year for each employment percentage, retention percentage, and earnings advancement measure for adults in unsubsidized employment after exiting the TANF program (indicators). The Department of Health and Human Services (HHS) shall use the information collected for FY2018 to establish the baseline level of performance of each state for each indicator. The state shall reach agreement with HHS: (1) on the requisite level of performance for each indicator for FY2019-FY2020; and (2) before FY2021 on the requisite level of performance for each indicator for that fiscal year. HHS shall revise the requisite levels of performance for a fiscal year and a state to reflect the actual economic conditions and characteristics of participants. HHS shall use an objective statistical model to make such performance level adjustments, and shall consult with the Department of Labor to develop a statistical adjustment model similar to one described in the Workforce Innovation and Opportunity Act. HHS shall also develop a template which each state shall use to report on outcomes achieved under the new program or any other state program funded with qualified state expenditures.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Arsenic-Treated Residential-Use Wood Prohibition Act''. SEC. 2. HAZARDOUS WASTE CLASSIFICATION. Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e)) is amended by adding at the end the following: ``(3) CCA-treated wood.-- ``(A) Definitions.--In this paragraph: ``(i) Arsenic-treated wood.--The term `arsenic-treated wood' means wood treated with an arsenical pesticide. ``(ii) CCA-treated wood.--The term `CCA- treated wood' means wood that is treated with any pesticide that is an inorganic arsenical or chromated copper arsenical. ``(iii) Pesticide.--The term `pesticide' has the meaning given the term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). ``(B) Regulation of cca-treated wood.-- ``(i) In general.--Notwithstanding section 261.4(b)(9) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this paragraph), or any similar successor regulation, discarded CCA-treated wood, other arsenical-treated wood, and CCA- treated sawdust shall be disposed of in a lined landfill with a leachate system and groundwater monitoring system (or such other system as the Administrator determines is appropriate to capture arsenic and prevent arsenic from contaminating groundwater). ``(ii) Risk assessment.-- ``(I) In general.--Not later than March 15, 2003, the Administrator, in consultation with the Consumer Products Safety Commission, shall publish in the Federal Register an assessment of the risks posed by the production, cutting, milling, sanding, mulching, and use of CCA-treated wood. ``(II) Methodology.--In conducting the risk assessment, the Administrator shall follow the methodology recommended by the Scientific Advisory Panels which were organized by the United States Environmental Protection Agency and which met in October 2001. ``(C) Prohibition of production.-- ``(i) In general.--As soon as practicable after the date of enactment of this paragraph, the Administrator shall promulgate regulations that-- ``(I) provide for the cessation of production of CCA-treated wood not later than 60 days after the date of enactment of this paragraph; and ``(II) prohibit the production of CCA-treated wood on and after that date. ``(ii) Exemptions.--If the Administrator publishes in the Federal Register a notice that the uses of CCA-treated wood identified in subclauses (I), (II), and (III) are safe, as of the date of publication of that notice, clause (i) shall not apply to the production of CCA- treated wood used for-- ``(I) railroad ties; ``(II) marine pilings; or ``(III) utility poles.''. SEC. 3. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER. (a) In General.--The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended-- (1) by redesignating sections 33 and 34 as sections 34 and 35, respectively; and (2) by inserting after section 32 the following: ``SEC. 33. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER. ``(a) Definitions.--In this section: ``(1) CCA-treated wood.--The term `CCA-treated wood' means wood that is treated with any pesticide that is a chromated copper arsenical. ``(2) Manufacture.--The term `manufacture', with respect to CCA-treated wood and items described in subsection (b)(1), includes-- ``(A) the creation of a product designed to be assembled by a consumer; and ``(B) the building of a product on behalf of a consumer in accordance with specifications given by the consumer. ``(b) Prohibition.--Notwithstanding any other provision of law, except as provided in paragraph (3)(C)(ii) of section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e)), not later than 90 days after the date of enactment of this subsection, the Administrator shall promulgate regulations that prohibit the use of CCA-treated wood-- ``(1) in the manufacture of any product that may be used for or by children, including-- ``(A) playground equipment, play houses, or other structures designed for frequent use specifically by children; ``(B) fences; ``(C) walkways; ``(D) docks, including residential docks, residential landscaping and boat houses; and ``(E) any other similar product, as determined by the Administrator; and ``(2) for mulch, compost, a soil amendment, or any other residential or occupational purpose, as determined by the Administrator.''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended by striking the items relating to sections 30 and 31 and inserting the following: ``Sec. 30. Minimum requirements for training of maintenance applicators and service technicians. ``Sec. 31. Environmental Protection Agency minor use program. ``Sec. 32. Department of Agriculture minor use program. ``(a) In general. ``(b)(1) Minor use pesticide data. ``(2) Minor Use Pesticide Data Revolving Fund. ``Sec. 33. Prohibition of certain uses of arsenic-treated lumber. ``(a) Definitions. ``(1) CCA-treated wood. ``(2) Manufacture. ``(b) Prohibition. ``Sec. 34. Severability. ``Sec. 35. Authorization for appropriations.''. SEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND SCHOOL SYSTEMS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) CCA-treated wood.--The term ``CCA-treated wood'' means wood that is treated with any pesticide that is an inorganic arsenical or chromated copper arsenical. (3) Pesticide.--The term ``pesticide'' has the meaning given the term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (b) Educational Program.--Not later than 180 days after the date of enactment of this Act, the Administrator shall develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in-- (1) testing arsenic levels in CCA-treated wood and soil surrounding CCA-treated wood; (2) making decisions relating to the containment and removal of CCA-treated wood from homes, playgrounds, schools, and other facilities designed primarily for use by children; and (3) providing guidance regarding the decontamination of soils, mulches, and other media under structures made of CCA- treated wood where children or pets may be exposed to arsenic. (c) Assistance for Schools.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to provide grants and technical assistance to school systems to assist the school systems in-- (1) removing playground and other equipment containing CCA- treated wood from grounds of the school systems; (2) applying sealant to CCA-treated wood structures; and (3) conducting any necessary remediation relating to use of CCA-treated wood. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.
Arsenic-Treated Residential-Use Wood Prohibition Act - Amends the Solid Waste Disposal Act to: (1) list CCA-treated wood (wood treated with a pesticide that is an inorganic arsenical or chromated copper arsenical) as a hazardous waste; (2) require disposal of discarded CCA wood, notwithstanding regulations exempting certain solid wastes from the definition of hazardous waste, in a lined landfill with a leachate system and groundwater monitoring system; (3) require the Administrator of the Environmental Protection Agency to conduct an assessment of the risks of CCA-treated wood production, processing, and use; and (4) direct the Administrator to promulgate regulations for the cessation and prohibition of production of such wood, with exceptions. Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require the Administrator to promulgate regulations prohibiting the use of CCA-treated wood (for FIFRA purposes, wood treated with a pesticide that is a chromated copper arsenical) in the manufacture, production, or use of any product that may be used for or by children or for mulch, compost, a soil amendment, or any other residential or occupational purpose. Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels and making decisions concerning CCA-treated wood containment, removal, and decontamination; and (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing CCA-treated wood and remediation activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers and Veterans Empowerment and Support Act of 2017''. SEC. 2. EXPANSION OF COVERAGE BY THE DEPARTMENT OF VETERANS AFFAIRS OF COUNSELING AND TREATMENT FOR SEXUAL TRAUMA. (a) Coverage of Cyber Harassment of a Sexual Nature.--Paragraph (1) of section 1720D(a) of title 38, United States Code, is amended by inserting ``cyber harassment of a sexual nature,'' after ``battery of a sexual nature,''. (b) Expansion of Availability for Members of the Armed Forces.-- Paragraph (2)(A) of such section is amended-- (1) by striking ``on active duty''; and (2) by inserting ``that was suffered by the member while serving on active duty, active duty for training, or inactive duty training'' before the period at the end. SEC. 3. STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL HEALTH CONDITIONS RELATED TO MILITARY SEXUAL TRAUMA. (a) Standard of Proof.--Section 1154 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c)(1) In the case of any veteran who claims that a covered mental health condition was incurred in or aggravated by military sexual trauma during active military, naval, or air service, the Secretary shall accept as sufficient proof of service-connection a diagnosis of such mental health condition by a mental health professional together with satisfactory lay or other evidence of such trauma and an opinion by the mental health professional that such covered mental health condition is related to such military sexual trauma, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such covered mental health condition may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full. ``(2) In this subsection: ``(A) The term `covered mental health condition' means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma. ``(B) The term `military sexual trauma' means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, cyber harassment of a sexual nature, or sexual harassment which occurred during active military, naval, or air service.''. (b) Use of Evidence in Evaluating Disability Claims Involving Military Sexual Trauma.-- (1) In general.--Subchapter VI of chapter 11 of such title is amended by adding at the end the following new section: ``Sec. 1164. Evaluation of claims involving military sexual trauma ``(a) Nonmilitary Sources of Evidence.--(1) In carrying out section 1154(c) of this title, the Secretary shall ensure that if a claim for compensation under this chapter is received by the Secretary for post- traumatic stress disorder based on a physical assault of a sexual nature, battery of a sexual nature, cyber harassment of a sexual nature, or sexual harassment experienced by a veteran during active military, naval, or air service, evidence from sources other than official records of the Department of Defense regarding the veteran's service may corroborate the veteran's account of the assault, battery, or harassment. ``(2) Examples of evidence described in paragraph (1) include the following: ``(A) Records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, and physicians. ``(B) Pregnancy tests and tests for sexually transmitted diseases. ``(C) Statements from family members, roommates, other members of the Armed Forces or veterans, and clergy. ``(b) Behavior Changes Corroborating Evidence.--(1) In carrying out section 1154(c) of this title, the Secretary shall ensure that evidence of a behavior change following an assault, battery, or harassment described in subsection (a)(1) is one type of relevant evidence that may be found in sources described in such subsection. ``(2) Examples of behavior changes that may be relevant evidence of an assault, battery, or harassment described in subsection (a)(1) include the following: ``(A) A request for a transfer to another military duty assignment. ``(B) Deterioration in work performance. ``(C) Substance abuse. ``(D) Episodes of depression, panic attacks, or anxiety without an identifiable cause. ``(E) Unexplained economic or social behavior changes. ``(c) Notice and Opportunity To Supply Evidence.--The Secretary may not deny a claim of a veteran for compensation under this chapter for a post-traumatic stress disorder that is based on an assault, battery, or harassment described in subsection (a)(1) without first-- ``(1) advising the veteran that evidence described in subsections (a) and (b) may constitute credible corroborating evidence of the assault, battery, or harassment; and ``(2) allowing the veteran an opportunity to furnish such corroborating evidence or advise the Secretary of potential sources of such evidence. ``(d) Review of Evidence.--In reviewing a claim for compensation described in subsection (a)(1), for any evidence received with such claim that is described in subsection (a) or (b), the Secretary may submit such evidence to such medical or mental health professional as the Secretary considers appropriate, including clinical and counseling experts employed by the Department, to obtain a credible opinion as to whether the evidence indicates that an assault, battery, or harassment described in subsection (a)(1) occurred. ``(e) Point of Contact.--The Secretary shall ensure that each document provided to a veteran relating to a claim for compensation described in subsection (a)(1) includes contact information for an appropriate point of contact with the Department.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1164. Evaluation of claims involving military sexual trauma.''. (c) Annual Reports.-- (1) In general.--Subchapter VI of chapter 11 of title 38, United States Code, as amended by subsection (b), is further amended by adding at the end the following new section: ``Sec. 1165. Annual reports on claims for disabilities incurred or aggravated by military sexual trauma ``(a) Reports.--Not later than March 1, 2018, and not less frequently than once each year thereafter through 2027, the Secretary shall submit to Congress a report on covered claims submitted during the previous fiscal year to identify and track the consistency of decisions across regional offices. ``(b) Elements.--Each report under subsection (a) shall include the following: ``(1) The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report. ``(2) Of the covered claims listed under paragraph (1), the number and percentage of such claims-- ``(A) submitted by each sex; ``(B) that were approved, including the number and percentage of such approved claims submitted by each sex; and ``(C) that were denied, including the number and percentage of such denied claims submitted by each sex. ``(3) Of the covered claims listed under paragraph (1) that were approved, the number and percentage, disaggregated by sex, of claims assigned to each rating percentage. ``(4) Of the covered claims listed under paragraph (1) that were denied-- ``(A) the three most common reasons given by the Secretary under section 5104(b)(1) of this title for such denials; and ``(B) the number of denials that were based on the failure of a veteran to report for a medical examination. ``(5) The number of covered claims that, as of the end of the fiscal year covered by the report, are pending and, separately, the number of such claims on appeal. ``(6) For the fiscal year covered by the report, the average number of days that covered claims take to complete, beginning on the date on which the claim is submitted. ``(7) A description of the training that the Secretary provides to employees of the Veterans Benefits Administration specifically with respect to covered claims, including the frequency, length, and content of such training. ``(c) Definitions.--In this section: ``(1) The term `covered claims' means claims for disability compensation submitted to the Secretary based on a covered mental health condition alleged to have been incurred or aggravated by military sexual trauma. ``(2) The terms `covered mental health condition' and `military sexual trauma' have the meanings given such terms in section 1154(c)(3) of this title.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter, as amended by subsection (b), is further amended by adding at the end the following new item: ``1165. Annual reports on claims for disabilities incurred or aggravated by military sexual trauma.''. (d) Effective Date.--Subsection (c) of section 1154 of title 38, United States Code, as added by subsection (a), shall apply with respect to any claim for disability compensation under laws administered by the Secretary of Veterans Affairs for which no final decision has been made before the date of the enactment of this Act. SEC. 4. INFORMATION FOR MEMBERS OF THE ARMED FORCES REGARDING AVAILABILITY OF SERVICES AT VET CENTERS. (a) In General.--The Secretary of Defense shall inform members of the Armed Forces, using mechanisms available to the Secretary, of the eligibility of such members for services at Vet Centers. (b) Information From Sexual Assault Response Coordinators.--The Secretary shall ensure that Sexual Assault Response Coordinators of the Department of Defense advise members of the Armed Forces who report instances of military sexual trauma regarding the eligibility of such members for services at Vet Centers. (c) Definitions.--In this section: (1) Military sexual trauma.--The term ``military sexual trauma'' means psychological trauma described in section 1720D(a)(1) of title 38, United States Code. (2) Vet center.--The term ``Vet Center'' has the meaning given that term in section 1712A(h) of such title.
Servicemembers and Veterans Empowerment and Support Act of 2017 This bill expands Department of Defense (DOD) sexual trauma counseling and treatment to include: (1) cyber harassment of a sexual nature, and (2) members of the Armed Forces on active duty for training or inactive duty training. The bill sets forth the standard of proof, which may be rebutted, in the case of a veteran who claims that a covered mental health condition was incurred in or aggravated by military sexual trauma during active service. The reasons for granting or denying service-connection in each case shall be recorded in full. DOD shall ensure that: (1) in a compensation claim for post-traumatic stress disorder based on sexual assault, battery, cyber harassment, or harassment experienced during active military service, non-DOD evidence may corroborate the veteran's account of such assault, battery, or harassment; and (2) behavior changes may be considered as corroborating evidence. DOD shall: (1) report annually through 2027 on submitted claims to identify and track the consistency of decisions across regional offices, (2) inform members of the Armed Forces of their eligibility for services at Vet Centers, and (3) ensure that Sexual Assault Response Coordinators advise members of the Armed Forces who report instances of military sexual trauma about their eligibility for Vet Center services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Outreach Improvement Act of 2003''. SEC. 2. DEFINITION OF OUTREACH. Section 101 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(34) The term `outreach' means the act or process of reaching out in a systematic manner to proactively provide information, services, and benefits counseling to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive benefits under the laws administered by the Secretary, to ensure that such individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws.''. SEC. 3. AUTHORITIES AND REQUIREMENTS FOR ENHANCEMENT OF OUTREACH OF ACTIVITIES DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 5 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IV--OUTREACH ``Sec. 561. Outreach activities: funding ``(a) The Secretary shall establish a separate account for the funding of the outreach activities of the Department, and shall establish within such account a separate subaccount for the funding of the outreach activities of each element of the Department specified in subsection (c). ``(b) In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested for such fiscal year for activities as follows: ``(1) For outreach activities of the Department in aggregate. ``(2) For outreach activities of each element of the Department specified in subsection (c). ``(c) The elements of the Department specified in this subsection are as follows: ``(1) The Veterans Health Administration. ``(2) The Veterans Benefits Administration. ``(3) The National Cemetery Administration. ``Sec. 562. Outreach activities: coordination of activities within Department ``(a) The Secretary shall establish and maintain procedures for ensuring the effective coordination of the outreach activities of the Department between and among the following: ``(1) The Office of the Secretary. ``(2) The Office of Public Affairs. ``(3) The Veterans Health Administration. ``(4) The Veterans Benefits Administration. ``(5) The National Cemetery Administration. ``(b) The Secretary shall-- ``(1) periodically review the procedures maintained under subsection (a) for the purpose of ensuring that such procedures meet the requirement in that subsection; and ``(2) make such modifications to such procedures as the Secretary considers appropriate in light of such review in order to better achieve that purpose. ``Sec. 563. Outreach activities: cooperative activities with States; grants to States for improvement of outreach ``(a) It is the purpose of this section to assist States in carrying out programs that offer a high probability of improving outreach and assistance to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive veterans' or veterans'-related benefits, to ensure that such individuals are fully informed about, and assisted in applying for, any veterans' and veterans'-related benefits and programs (including under State veterans' programs). ``(b) The Secretary shall ensure that outreach and assistance is provided under programs referred to in subsection (a) in locations proximate to populations of veterans and other individuals referred to in that subsection, as determined utilizing criteria for determining the proximity of such populations to veterans health care services. ``(c) The Secretary may enter into cooperative agreements and arrangements with veterans agencies of the States in order to carry out, coordinate, improve, or otherwise enhance outreach by the Department and the States (including outreach with respect to State veterans' programs). ``(d)(1) The Secretary may award grants to veterans agencies of States in order to achieve purposes as follows: ``(A) To carry out, coordinate, improve, or otherwise enhance outreach, including activities pursuant to cooperative agreements and arrangements under subsection (c). ``(B) To carry out, coordinate, improve, or otherwise enhance activities to assist in the development and submittal of claims for veterans' and veterans'-related benefits, including activities pursuant to cooperative agreements and arrangements under subsection (c). ``(2) A veterans agency of a State receiving a grant under this subsection may use the grant amount for purposes described in paragraph (1) or award all or any portion of such grant amount to local governments in such State, other public entities in such State, or private non-profit organizations in such State for such purposes. ``(e) Amounts available for the Department for outreach in the account under section 561 of this title shall be available for activities under this section, including grants under subsection (d).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new items ``SUBCHAPTER IV--OUTREACH ``561. Outreach activities: funding. ``562. Outreach activities: coordination of activities within Department. ``563. Outreach activities: cooperative activities with States; grants to States for improvement of outreach.''.
Veterans Outreach Improvement Act of 2003 - Directs the Secretary of Veterans to establish a separate account for the funding of outreach activities of the Department of Veterans Affairs and a separate subaccount for the funding of outreach activities of the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Directs the Secretary to: (1) establish and maintain procedures for ensuring the effective coordination of Department outreach activities between and among such elements, the Office of the Secretary, and the Office of Public Affairs; and (2) ensure that outreach is provided in locations proximate to populations of veterans and other individuals in States that offer a high probability of improving veterans' outreach and assistance. Authorizes the Secretary to award grants to appropriate State veterans agencies for such purpose.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial UAS Modernization Act''. SEC. 2. INTERIM RULE FOR THE OPERATION OF SMALL UNMANNED AIRCRAFT FOR COMMERCIAL PURPOSES. (a) In General.--Subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112-95) is amended by adding at the end the following: ``SEC. 337. OPERATION OF SMALL UNMANNED AIRCRAFT FOR COMMERCIAL PURPOSES. ``(a) In General.--An individual may operate a small unmanned aircraft for commercial purposes without an airworthiness certificate within the United States, subject to the requirements under subsection (b) and the operating restrictions under subsection (c) during the period beginning on the date of the enactment of the Commercial UAS Modernization Act and ending on the effective date of a final rule based on the notice of proposed rulemaking issued on February 23, 2015, entitled `Operation and Certification of Small Unmanned Aircraft Systems' (80 Fed. Reg. 9544). ``(b) General Requirements.-- ``(1) Liability insurance.--A small unmanned aircraft may not be operated for commercial purposes during the period set forth in subsection (a) unless the Administrator receives an attestation that the owner of such aircraft has a liability insurance policy covering the operation of such aircraft. ``(2) Registration.--A small unmanned aircraft may not be operated for commercial purposes unless the owner has registered the aircraft as required by the Federal Aviation Administration. ``(3) Testing requirements.-- ``(A) Exam development.--Not later than 30 days after the date of the enactment of the Commercial UAS Modernization Act, the Administrator of the Federal Aviation Administration shall develop an initial aeronautical knowledge test that meets the requirements set forth in the notice of proposed rulemaking referred to in subsection (a). ``(B) Requirements.--An individual may not operate a small unmanned aircraft for commercial purposes unless such individual has-- ``(i) received a passing grade on the test developed under subparagraph (A); ``(ii) passed a proficiency test administered by a test site selected pursuant to section 332(c); and ``(iii) demonstrated the ability to fly the aircraft in accordance with the operating restrictions set forth in subsection (c). ``(4) Certification.--A small unmanned aircraft may not be operated for commercial purposes until the operator of a test site selected pursuant to section 332(c), in collaboration with a designated airworthiness representative, certifies that the small unmanned aircraft-- ``(A) meets the requirements for small unmanned aircraft set forth in the notice of proposed rulemaking referred to in subsection (a); and ``(B) is capable of operating within the limits described in subsection (c). ``(c) Operating Restrictions.--During the period set forth in subsection (a), small unmanned aircraft operated for commercial purposes-- ``(1) may only be operated under visual line of sight rules; ``(2) may not be operated higher than 500 feet above ground level; ``(3) may not be operated unless the operator has prior authorization from the air traffic control facility having jurisdiction over that airspace-- ``(A) in Class B, Class C, or Class D airspace; or ``(B) within the lateral boundaries of the surface area of Class E airspace designated for an airport; ``(4) may only be operated in daylight conditions; ``(5) shall yield right of way to all other users of the National Airspace System; ``(6) may not be operated by any individual with any physical or mental condition that the individual knows, or has reason to know, would interfere with the safe operation of the aircraft; and ``(7) may only be operated after a preflight inspection (as described in the notice of proposed rulemaking referred to in subsection (a)). ``(d) Accident Reporting.--The operator of a small unmanned aircraft that is involved in any accident causing personal injury or property damage, other than to the small unmanned aircraft, shall report such accident to the Federal Aviation Administration not later than 2 days after such accident. ``SEC. 338. MICRO UAS OPERATIONS. ``(a) Micro UAS Classification.--The Administrator of the Federal Aviation Administration shall provide for a micro UAS classification of unmanned aircraft systems, the aircraft component of which may not weigh more than 4.4 pounds, including payload. ``(b) Micro UAS Operational Limitations.--The operation of a micro UAS shall be subject to the exemptions under subsection (c) only if the micro UAS is operated-- ``(1) less than 400 feet above ground level; ``(2) at an airspeed of not greater than 40 knots; ``(3) within the visual line of sight of the operator; ``(4) during daylight; and ``(5) at least 5 statute miles from the geographic center of an airport as denoted on a current aeronautical chart published by the Federal Aviation Administration, except that upon notice to the airport operator and air traffic control tower, such airport operator may allow an individual to operate a micro UAS within 5 statute miles of a tower-controlled airport. ``(c) Micro UAS Exemptions.-- ``(1) An operator of a micro UAS that complies with the limitations of operation under subsection (b) shall not be required to pass any aeronautical knowledge test or meet any age or experience requirement, including any requirements under section 44703 of title 49, United States Code, part 61 of title 14, Code of Federal Regulations, and any other rule or regulation pertaining to airman certification. ``(2) A micro UAS and the component parts and equipment of such micro UAS shall not be required to meet airworthiness certification standards or to obtain certificates of airworthiness.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the FAA Modernization and Reform Act of 2012 is amended by inserting after the item relating to section 336 the following: ``Sec. 337. Operation of small unmanned aircraft for commercial purposes. ``Sec. 338. Micro UAS operations.''. SEC. 3. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT. (a) In General.--Subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112-95), as amended by section 2(a), is further amended by adding at the end the following: ``SEC. 339. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT. ``(a) Appointment.--The Administrator of the Federal Aviation Administration (referred to in this section as the `Administrator') shall appoint a Deputy Associate Administrator for Unmanned Aircraft (referred to in this section as the `Deputy Associate Administrator'), who shall report to the Administrator and to the Secretary of Transportation. ``(b) Principal Duties.--The Deputy Associate Administrator shall create an achievable comprehensive research and development plan for the safe integration of unmanned aircraft into the National Airspace System that-- ``(1) takes into account work being done at other Federal agencies, in conjunction with their industry collaborators; ``(2) is based on an initial audit of current unmanned aircraft activity across the Federal Government in order to identify gaps and overlaps; and ``(3) allows for programmatic exemptions based on previous analysis. ``(c) Other Issues.--The Deputy Associate Administrator, in consultation with the Administrator, shall develop strategies for resolving-- ``(1) unmanned aircraft spectrum issues; ``(2) barriers to unmanned aircraft operating beyond line of sight; ``(3) barriers to allowing payload carriage and the feasibility of developing a classification of small UAS air carriers; and ``(4) barriers to utilizing automated unmanned aircraft systems. ``(d) Exemptions.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Commercial UAS Modernization Act, the Deputy Associate Administrator, in consultation with the Administrator, shall expedite and expand exemptions from the interim operating restrictions otherwise applicable to unmanned aircraft under section 337. ``(2) Exemptions.--The exemptions authorized under paragraph (1) may include-- ``(A) beyond line of sight operations; ``(B) programmatic exemptions based on previous analysis; ``(C) extended visual line of sight and marginal visual flight rules weather conditions; and ``(D) heavier unmanned vehicles.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the FAA Modernization and Reform Act of 2012 is amended by inserting after the item relating to section 338, as added by section 2(b), the following: ``Sec. 339. Deputy Associate Administrator for Unmanned Aircraft.''. SEC. 4. JOINT AIRCRAFT SYSTEM RESEARCH AND DEVELOPMENT DATA COLLECTION AND ANALYSIS PROGRAM. (a) Establishment.--The Administrator of the Federal Aviation Administration shall establish a joint aircraft system research and development data collection and analysis program at the William J. Hughes Technical Center (referred to in this section as the ``Center''). (b) Research and Development Priorities.--The Director of the Center shall set priorities for data collection, analysis, and research under the program established under subsection (a), including identifying safety standards for detect and avoid, command and control, autonomous aircraft systems, and air traffic management for beyond visual line of sight operations for such aircraft. (c) Use of Test Sites.--The program established under subsection (a) shall utilize the 6 unmanned aircraft system test sites of the Federal Aviation Administration to-- (1) conduct research; (2) collect data; (3) develop quarterly milestones to expedite commercial unmanned aircraft system operations; and (4) work with other Federal agencies, the Center of Excellence for Unmanned Aircraft Systems, federally funded research and development centers, industry, academia, and others, as appropriate, to implement commercial unmanned aircraft system operations. (d) Air Traffic Management Pilot Program.-- (1) Implementation.--The Administrator of the Federal Aviation Administration, acting through the Center, and the Administrator of the National Aeronautics and Space Administration, shall implement an air traffic management pilot program to research and test a new regulatory structure for commercial and other operations of small unmanned aircraft in controlled and uncontrolled airspace below 1,200 feet above ground level. (2) Management testing.--The Center shall partner with a neutral third party to test the management of small unmanned aircraft in the airspace described in paragraph (1). (e) Report.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Director of the Center shall submit a report that summarizes the actions taken under subsections (b), (c), and (d) to-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Transportation and Infrastructure of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.
Commercial UAS Modernization Act This bill amends the FAA Modernization and Reform Act of 2012 to permit an individual to operate a small commercial unmanned aircraft without an airworthiness certificate within the United States until the effective date of a final rule based on the notice of proposed rulemaking "Operation and Certification of Small Unmanned Aircraft Systems" issued on February 23, 2015, subject to the following requirements: the Federal Aviation Administration (FAA) must receive an attestation that the aircraft owner has liability insurance covering its operation; the owner must register the aircraft; the operator must pass an initial aeronautical knowledge test developed by the FAA and a proficiency test administered by a test site for such aircraft; the aircraft may be operated for commercial purposes only in daylight conditions, under visual line of sight rules, lower than 500 feet above ground level, and only after a preflight inspection; and the aircraft shall yield right of way to all other users of the National Airspace System. Such an aircraft may not be operated: (1) until the operator of a test site certifies that it meets the requirements in the rulemaking notice and can operate within such restrictions; (2) unless the operator has prior authorization from the air traffic control facility having jurisdiction over the Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport; and (3) by any individual with any physical or mental condition that would interfere with safe operation of the aircraft. The operator of a such an aircraft involved in an accident causing personal injury or property damage must report it to the FAA within two days. The FAA shall provide for a micro UAS classification of unmanned aircraft systems, the aircraft component of which may not weigh more than 4.4 pounds, including payload. The operation of such a micro shall be subject to specified restrictions. The bill directs the FAA to: appoint a Deputy Associate Administrator for Unmanned Aircraft who shall create a research and development plan for the safe integration of unmanned aircraft into the National Airspace System; establish a joint aircraft system research and development data collection and analysis program at the William J. Hughes Technical Center; and implement an air traffic management pilot program to research and test a new regulatory structure for operations of such aircraft in airspace below 1,200 feet.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Opportunities for Service- Disabled Veteran-Owned Small Businesses Act of 2015''. SEC. 2. IMPROVING CONTRACTING OPPORTUNITIES FOR CERTAIN VETERAN-OWNED SMALL BUSINESSES. (a) Definition of Small Business Concern Consolidated.--Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) Small business concern owned and controlled by service-disabled veterans.--The term `small business concern owned and controlled by service-disabled veterans' means any of the following: ``(A) A small business concern-- ``(i) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock (not including any stock owned by an ESOP) of which is owned by one or more service-disabled veterans; and ``(ii) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. ``(B) A small business concern-- ``(i) not less than 51 percent of which is owned by one or more service-disabled veterans with a disability that is rated by the Secretary of Veterans Affairs as a permanent and total disability who are unable to manage the daily business operations of such concern; or ``(ii) in the case of a publicly owned business, not less than 51 percent of the stock (not including any stock owned by an ESOP) of which is owned by one or more such veterans. ``(C)(i) During the time period described in clause (ii), a small business concern that was a small business concern described in subparagraph (A) or (B) immediately prior to the death of a service-disabled veteran who was the owner of the concern, the death of whom causes the concern to be less than 51 percent owned by one or more service-disabled veterans, if-- ``(I) the surviving spouse of the deceased veteran acquires such veteran's ownership interest in such concern; ``(II) such veteran had a service-connected disability (as defined in section 101(16) of title 38, United States Code) rated as 100- percent disabling under the laws administered by the Secretary of Veterans Affairs or such veteran died as a result of a service-connected disability; and ``(III) immediately prior to the death of such veteran, and during the period described in clause (ii), the small business concern is included in the database described in section 8127(f) of title 38, United States Code. ``(ii) The time period described in this clause is the time period beginning on the date of the veteran's death and ending on the earlier of-- ``(I) the date on which the surviving spouse remarries; ``(II) the date on which the surviving spouse relinquishes an ownership interest in the small business concern; or ``(III) the date that is 10 years after the date of the death of the veteran.''; and (2) by adding at the end the following new paragraphs: ``(6) ESOP.--The term `ESOP' has the meaning given the term `employee stock ownership plan' in section 4975(e)(7) of the Internal Revenue Code of 1986 (26 U.S.C. 4975(e)(7)). ``(7) Surviving spouse.--The term `surviving spouse' has the meaning given such term in section 101(3) of title 38, United States Code.''. (b) Veterans Affairs Definition of Small Business Concern Consolidated.-- (1) In general.--Section 8127 of title 38, United States Code, is amended-- (A) by striking subsection (h) and redesignating subsections (i) through (l) as subsections (h) through (k), respectively; and (B) in subsection (k), as so redesignated-- (i) by amending paragraph (2) to read as follows: ``(2) The term `small business concern owned and controlled by veterans' has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)).''; and (ii) by adding at the end the following new paragraph: ``(3) The term `small business concern owned and controlled by veterans with service-connected disabilities' has the meaning given the term `small business concern owned and controlled by service-disabled veterans' under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).''. (2) Conforming amendments.--Such section is further amended-- (A) in subsection (b), by inserting ``or a small business concern owned and controlled by veterans with service-connected disabilities'' after ``a small business concern owned and controlled by veterans''; (B) in subsection (c), by inserting ``or a small business concern owned and controlled by veterans with service-connected disabilities'' after ``a small business concern owned and controlled by veterans''; (C) in subsection (d) by inserting ``or small business concerns owned and controlled by veterans with service-connected disabilities'' after ``small business concerns owned and controlled by veterans'' both places it appears; and (D) in subsection (f)(1), by inserting ``, small business concerns owned and controlled by veterans with service-connected disabilities,'' after ``small business concerns owned and controlled by veterans''. (c) Technical Correction.--Section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)), is amended by adding at the end the following new subparagraph: ``(H) In this contract, the term `small business concern owned and controlled by service-disabled veterans' has the meaning given that term in section 3(q).''. SEC. 3. REGULATIONS RELATING TO DATABASE OF THE SECRETARY OF VETERANS AFFAIRS. (a) Requirement To Use Certain Small Business Administration Regulations.--Section 8127(f)(4) of title 38, United States Code, is amended by striking ``verified'' and inserting ``verified, using regulations issued by the Administrator of the Small Business Administration with respect to the status of the concern as a small business concern and the ownership and control of such concern,''. (b) Prohibition on Secretary of Veterans Affairs Issuing Certain Regulations.--Section 8127(f) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(7) The Secretary may not issue regulations related to the status of a concern as a small business concern and the ownership and control of such small business concern.''. (c) Delayed Effective Date.--The amendments made by this section and section 2 shall take effect on the date on which the Administrator of the Small Business Administration and the Secretary of Veterans Affairs jointly issue regulations implementing such sections. Such date shall be not later than 18 months after the date of enactment of this Act. SEC. 4. APPEALS OF INCLUSION IN DATABASE. (a) In General.--Section 8127(f) of title 38, United States Code, as amended by section 3, is further amended by adding at the end the following new paragraph: ``(8)(A) If the Secretary does not verify a concern for inclusion in the database under this subsection based on the status of the concern as a small business concern or the ownership or control of the concern, the concern may appeal the denial of verification to the Office of Hearings and Appeals of the Small Business Administration (as established under part 134 of title 13, Code of Federal Regulations, or any successor administrative appellate entity created with the Small Business Administration). The decision of the Office of Hearings and Appeals shall be considered a final agency action. ``(B)(i) If an interested party challenges the inclusion in the database of a small business concern owned and controlled by veterans or a small business concern owned and controlled by veterans with service-connected disabilities based on the status of the concern as a small business concern or the ownership or control of the concern, the challenge shall be heard by the Office of Hearings and Appeals of the Small Business Administration as described in subparagraph (A). The decision of the Office of Hearings and Appeals shall be considered final agency action. ``(ii) In this subparagraph, the term `interested party' means-- ``(I) the Secretary; and ``(II) in the case of a small business concern that is awarded a contract, the contracting officer of the Department or another small business concern that submitted an offer for the contract that was awarded to the small business concern that submitted an offer under clause (i). ``(C) For each fiscal year, the Secretary shall reimburse the Administrator of the Small Business Administration in an amount necessary to cover any cost incurred by the Office of Hearings and Appeals of the Small Business Administration for actions taken by the Office under this paragraph. The amount of any such reimbursement shall be determined jointly by the Secretary and the Administrator and shall be provided from fees collected by the Secretary under multiple-award schedule contracts. Any disagreement about the amount shall be resolved by the Director of the Office of Management and Budget.''. (b) Effective Date.--Paragraph (8) of subsection (f) of title 38, United States Code, as added by subsection (a), shall apply with respect to a verification decision made by the Secretary of Veterans Affairs on or after the date of the enactment of this Act.
Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2015 This bill amends the Small Business Act to expand the definition of "small business concern owned and controlled by service-disabled veterans" for purposes of federal agencies awarding small business contracts pursuant to Small Business Administration (SBA) programs to include: a small business concern not less than 51% of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern; or in the case of a publicly owned business, a small business concern not less than 51% of the stock of which is owned by one or more such veterans. (Currently, such veterans with permanent and total disabilities are provided for in a separate small business program under veterans' benefits laws carried out by the Department of Veterans Affairs [VA].) The VA definition of "small business concern owned and controlled by veterans" is revised to be the same as the SBA definition of such term, thereby making the eligibility requirements for participation in veteran-owned small business contracting programs consistent for both SBA programs and VA programs. The VA, when listing small businesses in the database of small business concerns owned and controlled by veterans and the veteran owners of such business concerns, must use SBA regulations with respect to a concern's small business status and the ownership and control of it. If the VA does not verify a concern for inclusion in its database based on its status as a small business or its ownership or control, the concern may appeal the denial to the SBA Office of Hearings and Appeals, whose decision shall be considered a final agency action. The VA shall reimburse the SBA for fiscal year costs incurred by the Office of Hearings and Appeals for actions taken pursuant to this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Housing Energy Savings Act of 2010''. SEC. 2. UTILITY AND WASTE MANAGEMENT COST SAVINGS. Subparagraph (C) of section 9(e)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)(2)(C)) is amended-- (1) by striking the subparagraph designation and heading and all that follows through ``Contracts described in clause (i)'' in clause (ii) and inserting the following: ``(C) Treatment of utility and waste management cost savings.-- ``(i) In general.--The treatment of utility and waste management costs under the formula shall provide that a public housing agency shall receive the full financial benefit from any reduction in the cost of utilities or waste management resulting from energy conservation improvements in one or more of its public housing projects, subject to the following: ``(I) Third party contracts.--In the case of energy conservation improvements in public housing undertaken pursuant to a contract with a third party, such contracts''; (2) in clauses (iii) and (iv), by striking ``clause (i)'' each place such term appears and inserting ``subclause (I)''; (3) in clause (iv), by striking ``the date of the enactment of this clause'' and inserting ``December 26, 2007,''; (4) by redesignating clauses (iii) and (iv) as subclauses (II) and (III), respectively, and realigning such subclauses, as so redesignated, so as to be indented 8 ems from the left margin; and (5) by adding at the end the following new clauses: ``(ii) Financing of improvements.--Energy conservation improvements may be undertaken pursuant to a contract for the improvements only, and the public housing agency may finance such improvements for a period of up to 20 years. A public housing agency may pledge operating assistance under this subsection as security for such financings in an amount not to exceed the lesser of-- ``(I) the amount of the debt service, plus such appropriate debt service coverage factor as the Secretary may establish; and ``(II) the amount of the reasonably anticipated utility cost savings resulting from the improvements, as determined by the Secretary. The Secretary may also permit the pledging of the installed equipment related to such improvements. ``(iii) Freeze of consumption levels.-- ``(I) In general.--A public housing agency may elect to be paid for its utility costs, including utility allowances, under the formula for a period, at the discretion of the agency, of not longer than 20 years based on the agency's average annual consumption during the 3-year period preceding the year in which the election is made (in this clause referred to as the `consumption base level'). ``(II) Initial adjustments in consumption base level.--The Secretary shall make an initial one-time adjustment in the consumption base level to account for differences in the heating degree day average over the most recent 20-year period compared to the average in the consumption base level. ``(III) Ongoing adjustments in consumption base level.--The Secretary shall make adjustments in the consumption base level to account for an increase or reduction in units, a change in fuel source, a change in resident-controlled electricity consumption, or for such other reasons as the Secretary considers appropriate. ``(IV) Third parties.--A public housing agency making an election under subclause (I) may use, but shall not be required to use, the services of a third party in its energy conservation program. The agency shall have the sole discretion to determine the source, terms, and conditions of any financing used for its program.''.
Public Housing Energy Savings Act of 2010 - Amends the United States Housing Act of 1937 to authorize: (1) energy conservation improvements in public housing projects to be undertaken pursuant to a contract for the improvements only; (2) a public housing agency to finance such improvements for a period of up to 20 years; (3) a public housing agency to pledge operating assistance as security for such financing in an amount not to exceed the lesser of the amount of the debt service plus such appropriate debt service coverage factor as the Secretary of Housing and Urban Development (HUD) may establish and the amount of the reasonably anticipated utility cost savings resulting from the improvement; (4) the Secretary to permit the pledging of the installed equipment related to such improvements; and (5) a public housing agency to elect to be paid for its utility costs under the formula for determining the amount of assistance provided to public housing agencies from the Capital Fund for a period of no longer than 20 years based on the agency's average annual consumption during the three-year period preceding the year in which the election is made (consumption base level). Requires the Secretary to make: (1) an initial one time adjustment in the consumption base level to account for differences in the heating degree day average over the most recent 20-year period compared to the average in the consumption base level; and (2) adjustments in the consumption base level to account for an increase or reduction in units, a change in fuel source, or a change in resident-controlled electricity consumption.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Resolution Trust Corporation Loss Reduction and Funding Act of 1993''. SEC. 2. FUNDING. Section 21A(i) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(i)) is amended-- (1) in paragraph (3), by striking ``until April 1, 1992''; and (2) by adding at the end the following new paragraphs: ``(4) Additional funding.--Pursuant to the request of the President and in addition to amounts provided under paragraphs (2) and (3), the Secretary of the Treasury shall provide, out of any money in the Treasury not otherwise appropriated, to the Corporation such sums as may be necessary not to exceed $25,000,000,000 to carry out the purposes of this section until April 1, 1994. ``(5) Reduction in funding in amount equal to supervisory goodwill buy-back program savings.--Of the amounts appropriated under paragraphs (3) and (4), the amount available for obligation shall be reduced by the amount which the Secretary determines is equal to the net reduction in the expenditures of the Corporation due to the supervisory goodwill buy-back program established under section 15 of the Home Owners' Loan Act.''. SEC. 3. REDUCTION OF RTC LOSSES. (a) Purpose.-- (1) In general.--It is the purpose of this section to directly reduce the amount of taxpayer funds which would otherwise be required to be appropriated to the Resolution Trust Corporation by removing the threat of large losses which would accrue in connection with the resolution of savings associations which would be healthy associations but for the supervisory goodwill acquired by such associations in transactions with Federal regulatory agencies. (2) No effect on supervisory goodwill litigation not involving qualified savings associations.--No court may take into account section 15 of the Home Owners' Loan Act (as added by the amendment made by subsection (b)) or the program established under such section 15 in considering any litigation between any savings association which is not a qualified savings association (as defined in such section 15) and the United States with regard to supervisory goodwill. (b) Establishment of Supervisory Goodwill Buy-Back Program.--The Home Owners' Loan Act (12 U.S.C. 1461 et seq.) is amended by adding at the end the following new section: ``SEC. 15. SUPERVISORY GOODWILL BUY-BACK PROGRAM. ``(a) Supervisory Goodwill Replaced With Tangible Capital.-- ``(1) In general.--Upon determining that a conservator or receiver is to be appointed for a savings association on or before the last day on which the Corporation may be appointed as conservator or receiver for a savings association in accordance with section 21A(b)(3)(A)(ii) of the Federal Home Loan Bank Act if no action is taken under this section, the Director shall, in consultation with the Resolution Trust Corporation-- ``(A) determine whether the savings association is a qualified savings association; and ``(B) if the association is a qualified savings association, pay the association the replacement amount from amounts made available pursuant to subsection (f). ``(2) Reduction in supervisory goodwill.--On receipt of any payment under paragraph (1), a qualified savings association shall reduce its supervisory goodwill by the amount of such payment. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified savings association.--The term `qualified savings association' means a savings association described in subsection (a)(1) which-- ``(A) would be, in the determination of the Director, a viable association, and would not be expected to fail, if the association participates in the program; and ``(B) has agreed to waive all claims the association may have against the Federal Government arising from changes in the statutory treatment of supervisory goodwill as set forth in section 5(t) since the creation of such goodwill on the books of the association. ``(2) Replacement amount.--The term `replacement amount' means, with respect to a qualified savings association, the lesser of-- ``(A) the determined amount; and ``(B) the least amount that, if paid to the association, would cause the association to be adequately capitalized (as defined in section 38 of the Federal Deposit Insurance Act) under all fully phased in capital standards. ``(3) Determined amount.--The term `determined amount' means, with respect to a savings association, an amount determined appropriate by the Office of Thrift Supervision, taking into account the circumstances of the association, which is-- ``(A) not less than the amount of the supervisory goodwill of the association, as of the date of the determination; and ``(B) not more than the amount of the supervisory goodwill of the association, as of the date of the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. ``(c) Capital Requirements.-- ``(1) Fully phased in capital standards.--If, after receipt of funds pursuant to subsection (a), a qualified savings association meets all fully phased in capital standards, then such standards shall apply to the association, notwithstanding any other provision of law. ``(2) Additional requirements.--The Office of Thrift Supervision may set additional capital requirements for qualified savings associations to ensure that such associations will progressively prepare to meet all applicable capital requirements. ``(d) Assessment Imposed.-- ``(1) In general.--The Director shall impose an annual assessment on each qualified savings association which receives the payment of any amount pursuant to subsection (a)(2)-- ``(A) beginning on or after the date of a determination by the Director that the savings association is sufficiently viable to begin paying such assessment; and ``(B) continuing until the aggregate amount of assessments paid under this subsection by the association equals or exceeds the aggregate amount received under subsection (a)(2) by the association. ``(2) Amount of assessment.--The amount of the annual assessment imposed on any savings association for any year shall be determined by the Director after considering-- ``(A) the viability and profitability of the association; ``(B) the amortization period which was applicable with respect to any supervisory goodwill of the association as of the date such goodwill was first entered on the books of the association; and ``(C) the amount received by the association pursuant to subsection (a)(2). ``(3) Deposit of assessments in treasury.-- ``(A) Transfer to secretary of the treasury.--All amounts received by the Director under this subsection shall be transferred to the Secretary of the Treasury. ``(B) Public debt reduction.--Amounts received by the Secretary of the Treasury under subparagraph (A) shall be deposited in the general fund of the Treasury and shall be used for the sole purpose of reducing the national debt. ``(e) Additional Limitations and Requirements.-- ``(1) Limitation on distribution of capital or payment of dividends.--No savings association may make any capital distribution or pay any dividend until the sum of the amount of the assessments imposed under subsection (d) equals or exceeds the replacement amount received by such association under subsection (a)(1)(B). ``(2) Other requirements.--The Office of Thrift Supervision may establish any other requirements needed to ensure the safe and sound operation of qualified savings associations. ``(f) Funding Provided by RTC.--The Resolution Trust Corporation shall provide such funds as may be necessary to carry out this section to the Director of the Office of Thrift Supervision from amounts made available to the Corporation under section 21A of the Federal Home Loan Bank Act.''. (c) Applicability to Certain Associations.--Upon the enactment of this Act, the Director of the Office of Thrift Supervision shall promptly make the determination required under section 15(a)(1)(A) of the Home Owners' Loan Act (as added by subsection (a) of this section) for any savings association for which the determination to appoint a conservator or receiver had been made before the date of the enactment of this Act but for which a conservator or receiver had not been appointed as of such date.
Resolution Trust Corporation Loss Reduction and Funding Act of 1993 - Amends the Federal Home Loan Bank Act to direct the Secretary of the Treasury to provide additional funding to the Resolution Trust Corporation (RTC). Prohibits any court from taking into account the supervisory goodwill buy-back program (established by this Act) when considering litigation between certain savings associations and the United States. Sets guidelines for a supervisory goodwill buy-back program which replaces the supervisory goodwill of a qualified savings association with tangible capital (thus precluding the closing of such institutions). Provides that if a qualified savings association meets all fully phased in capital standards after receiving funds for its goodwill, then such standards will apply to the association. Prescribes annual assessment guidelines for such qualified savings associations. Prohibits a savings association from making any capital distribution or paying any dividend until the sum of its imposed assessments equals or exceeds the replacement amount it has received. Requires the Director of the Office of Thrift Supervision to promptly determine upon enactment of this Act those savings associations eligible for inclusion in the supervisory goodwill buy-back program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Consumers Relief Act of 2013''. SEC. 2. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE ECONOMY. Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not promulgate as final an energy-related rule that is estimated to cost more than $1 billion if the Secretary of Energy determines under section 3(3) that the rule will cause significant adverse effects to the economy. SEC. 3. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL CERTAIN ENERGY-RELATED RULES. Before promulgating as final any energy-related rule that is estimated to cost more than $1 billion: (1) Report to congress.--The Administrator of the Environmental Protection Agency shall submit to Congress a report (and transmit a copy to the Secretary of Energy) containing-- (A) a copy of the rule; (B) a concise general statement relating to the rule; (C) an estimate of the total costs of the rule, including the direct costs and indirect costs of the rule; (D)(i) an estimate of the total benefits of the rule and when such benefits are expected to be realized; (ii) a description of the modeling, the calculations, the assumptions, and the limitations due to uncertainty, speculation, or lack of information associated with the estimates under this subparagraph; and (iii) a certification that all data and documents relied upon by the Agency in developing such estimates-- (I) have been preserved; and (II) are available for review by the public on the Agency's Web site, except to the extent to which publication of such data and documents would constitute disclosure of confidential information in violation of applicable Federal law; (E) an estimate of the increases in energy prices, including potential increases in gasoline or electricity prices for consumers, that may result from implementation or enforcement of the rule; and (F) a detailed description of the employment effects, including potential job losses and shifts in employment, that may result from implementation or enforcement of the rule. (2) Initial determination on increases and impacts.--The Secretary of Energy, in consultation with the Federal Energy Regulatory Commission and the Administrator of the Energy Information Administration, shall prepare an independent analysis to determine whether the rule will cause-- (A) any increase in energy prices for consumers, including low-income households, small businesses, and manufacturers; (B) any impact on fuel diversity of the Nation's electricity generation portfolio or on national, regional, or local electric reliability; (C) any adverse effect on energy supply, distribution, or use due to the economic or technical infeasibility of implementing the rule; or (D) any other adverse effect on energy supply, distribution, or use (including a shortfall in supply and increased use of foreign supplies). (3) Subsequent determination on adverse effects to the economy.--If the Secretary of Energy determines, under paragraph (2), that the rule will cause an increase, impact, or effect described in such paragraph, then the Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Commerce, the Secretary of Labor, and the Administrator of the Small Business Administration, shall-- (A) determine whether the rule will cause significant adverse effects to the economy, taking into consideration-- (i) the costs and benefits of the rule and limitations in calculating such costs and benefits due to uncertainty, speculation, or lack of information; and (ii) the positive and negative impacts of the rule on economic indicators, including those related to gross domestic product, unemployment, wages, consumer prices, and business and manufacturing activity; and (B) publish the results of such determination in the Federal Register. SEC. 4. DEFINITIONS. In this Act: (1) The terms ``direct costs'' and ``indirect costs'' have the meanings given such terms in chapter 8 of the Environmental Protection Agency's ``Guidelines for Preparing Economic Analyses'' dated December 17, 2010. (2) The term ``energy-related rule that is estimated to cost more than $1 billion'' means a rule of the Environmental Protection Agency that-- (A) regulates any aspect of the production, supply, distribution, or use of energy or provides for such regulation by States or other governmental entities; and (B) is estimated by the Administrator of the Environmental Protection Agency or the Director of the Office of Management and Budget to impose direct costs and indirect costs, in the aggregate, of more than $1,000,000,000. (3) The term ``rule'' has the meaning given to such term in section 551 of title 5, United States Code. SEC. 5. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS. (a) In General.--Notwithstanding any other provision of law or any executive order, the Administrator of the Environmental Protection Agency may not use the social cost of carbon in order to incorporate social benefits of reducing carbon dioxide emissions, or for any other reason, in any cost-benefit analysis relating to an energy-related rule that is estimated to cost more than $1 billion unless and until a Federal law is enacted authorizing such use. (b) Definition.--In this section, the term ``social cost of carbon'' means the social cost of carbon as described in the technical support document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013, or any successor or substantially related document, or any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. Passed the House of Representatives August 1, 2013. Attest: KAREN L. HAAS, Clerk.
Energy Consumers Relief Act of 2013 - Requires the Administrator of the Environmental Protection Agency (EPA), before promulgating a final rule that regulates any aspect of the production, supply, distribution, or use of energy (or that provides for such regulation by state or local governments) and that is estimated by the Administrator or the Director of the Office of Management and Budget (OMB) to impose aggregate costs of more than $1 billion, to submit a report that contains: (1) an estimate of the total costs and benefits of the rule, (2) an estimate of the increases in energy prices that may result from implementation or enforcement of the rule, and (3) a detailed description of the employment effects that may result from implementation or enforcement of the rule. Requires the Secretary of Energy (DOE): (1) to prepare an independent analysis to determine whether such rule will cause any increase in energy prices for consumers, any impact on fuel diversity of the nation's electricity generation portfolio or on electric reliability, or any adverse effect on energy supply, distribution, or use; and (2) upon making such a determination, to determine whether the rule will cause significant adverse effects to the economy and publish such determination in the Federal Register. Prohibits the Administrator from promulgating any such final rule if the Secretary determines that such rule will cause significant adverse effects to the economy. Prohibits the Administrator from using the social cost of carbon in any cost-benefit analysis relating to an energy-related rule estimated to cost more than $1 billion unless and until a federal law is enacted authorizing such use.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Certainty for States and Tribes Act''. SEC. 2. RECONSTITUTION OF THE ROYALTY POLICY COMMITTEE. (a) In General.--The Secretary of the Interior shall, by not later than 90 days after the date of the enactment of this Act, reconstitute the Royalty Policy Committee as last chartered on March 26, 2010, except as otherwise provided in this Act. (b) Corrections and Updates.--In reconstituting the Committee, the Secretary shall make appropriate technical corrections and updates to the charter of the Committee, including the following: (1) Revision of all references to the Minerals Management Service or Minerals Revenue Management so as to refer to the Office of Natural Resources Revenue. (2) Revision of the estimated number and frequency of meetings of the Committee to not less than once each year. (3) Revision of the non-Federal members of the Committee to include-- (A) not fewer than 5 members representing Governors of States that each receive more than $10,000,000 annually in royalty revenues from Federal leases; and (B) not more than 5 members representing Indian tribes that are mineral-producing Indian tribes under-- (i) the Act of May 11, 1938 (commonly known as the ``Indian Mineral Leasing Act of 1938'') (25 U.S.C. 396a et seq.); (ii) title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.); (iii) the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.); or (iv) any other law relating to mineral development that is specific to one or more Indian tribes. (4) Creation of a subcommittee of the Committee to be known as the State and Tribal Resources Board, comprised of designees of States' Governors and tribes participating as non-Federal members of the reconstituted Committee. SEC. 3. REVIEW OF REGULATIONS AND POLICIES THE ROYALTY POLICY COMMITTEE ADVISORY ACTIVITIES SHOULD INCLUDE. (a) Consultation and Report.--Not later than 180 days after the date of the issuance by the Department of the Interior of any proposed regulation or policy related to mineral leasing policy for Federal or Indian land for exploration, development, or production of oil, gas, or coal (including valuation methodologies and royalty and lease rates for oil, gas, or coal), and not later than 180 days after the date of the enactment of this Act with respect to any proposed regulation of such Department relating to such policy that is pending as of the date of the enactment of this Act, the Committee shall-- (1) assess the proposed regulation or policy; and (2) issue a report that describes the potential impact of the proposed regulation or policy, including any State and tribal economic impacts described in subsection (b). (b) State and Tribal Impact Determination.-- (1) In general.--Before the date on which any proposed regulation related to mineral leasing policy on Federal or Indian land (including valuation methodologies and royalty and lease rates for oil, gas, or coal) may be issued as a final rule, the State and Tribal Resources Board shall publish a determination of the impact of the regulation on school funding, public safety, and other essential State or Indian tribal government services. (2) Delay request.--If the State and Tribal Resources Board determines that a regulation described in paragraph (1) will have a negative State or tribal budgetary impact, the Secretary shall, upon request by the Board, grant a delay of 180 days in the finalization of the regulation for the purposes of further-- (A) stakeholder consultation; (B) budgetary review; and (C) development of a proposal to mitigate the negative economic impact. (c) Revision of Proposed Regulation.-- (1) In general.--Before the date on which any proposed regulation related to mineral leasing policy on Federal or Indian land (including valuation methodologies and royalty and lease rates for oil, gas, or coal) is issued as a final rule, the Secretary shall publish in the Federal Register, in the same docket as such proposed regulation, a description of the impacts determined by the Board in the report issued under subsection (a)(2), the recommendations made by the Board (if any) for mitigation of negative impacts determined by the Board under subsection (b)(2), and a clear explanation of why such recommendations of the Board were or were not incorporated in the final regulation. (2) Final rule.--Any final regulation subject to paragraph (1) must include-- (A) a summary of the report required under subsection (a)(2); and (B) a clear explanation of why the recommendations of that report (including the State and tribal determination) were or were not taken into account in the finalization of the regulation. SEC. 4. SPECIAL REVIEW OF PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT. (a) Participants in Programmatic Review.-- (1) In general.--In carrying out the programmatic review of coal leasing as described in section 4 of the order of the Secretary of the Interior entitled ``Discretionary Programmatic Environmental Impact Statement to Modernize the Federal Coal Program'', numbered 3338 and dated January 15, 2016, the Secretary shall confer with, and take into consideration the views of, representatives appointed to the review board described in paragraph (2). (2) Review board.--The Governor of each State in which more than $10,000,000 in revenue is collected annually by the United States as bonus bids, royalties, and rentals, and fees for production of coal under leases of Federal land or Indian land may each appoint not more than 3 representatives to a review board for purposes of paragraph (1), at least one of whom shall be a member of the State and Tribal Resources Board. (3) Deadline.-- (A) In general.--The Secretary shall complete the programmatic review referred to in paragraph (1) not later than January 15, 2019. (B) Failure to meet deadline.--If the programmatic review is not completed by the deadline described in subparagraph (A), the programmatic review shall be considered to be complete as of that deadline. (b) Termination of Other Programmatic Review.--No Federal funds may be used to carry out the programmatic review of coal leasing as described in subsection (a)(1) after January 15, 2019. (c) No Implementation Requirement.--Nothing in this section requires the Secretary to conduct or complete the programmatic review of coal leasing as described in subsection (a)(1) after January 20, 2017. (d) Termination of Moratorium.--Effective January 16, 2019-- (1) the pause or moratorium on the issuance of new Federal coal leases under the Secretarial order referred to in subsection (a)(1) is terminated; and (2) that Secretarial order shall have no force or effect. SEC. 5. GRANDFATHERING OF COAL LEASES ON APPLICATION AND COAL LEASE MODIFICATIONS. Nothing in the order of the Secretary of the Interior entitled ``Discretionary Programmatic Environmental Impact Statement to Modernize the Federal Coal Program'', numbered 3338 and dated January 15, 2016, shall be considered to prohibit or restrict any issuance of a coal lease on application or coal lease modification, pursuant to section 3432 of title 43, Code of Federal Regulations, for which the Bureau of Land Management has begun its review under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) as of January 15, 2016. SEC. 6. DEADLINE FOR COAL LEASE SALES AND MODIFICATIONS. Not later than 1 year after the date on which the Secretary completes the analysis required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for an application for a coal lease, or an application for a modification to a coal lease pursuant to subpart 3432 of part 3430 of title 43, Code of Federal Regulations (or successor regulations), accepted by the Secretary, the Secretary shall conduct the lease sale and issue the lease, or approve the modification, unless the applicant indicates in writing that the applicant no longer seeks the lease or modification to the lease.
Certainty for States and Tribes Act (Sec. 2)This bill directs the Department of the Interior to reestablish the Royalty Policy Committee, which must include members representing states and Indian tribes who produce minerals on federal or tribal land. In addition, Interior must establish a State and Tribal Resources Board, a subcommittee of the Royalty Policy Committee. (Sec. 3)The board and committee must advise Interior as it formulates policies and regulations regarding mineral production on federal and tribal lands. Interior must delay issuing a final regulation for 180 days if the board determines that such regulation will have a negative state or tribal budgetary or economic impact. (Sec. 4)The Bureau of Land Management (BLM) must complete by January 15, 2019, its programmatic review of the federal coal leasing program as described in Secretarial Order 3338, dated January 15, 2016. Secretarial Order 3338 directed the BLM to prepare a discretionary review of the federal coal program. The moratorium on the issuance of new federal coal leasesby the BLMshall terminate on January 16, 2019.Additionally, the bill allows leases and modifications to be issued by the BLM for any coalleasing application currently under review. Secretarial Order 3338 prohibited approval of such leases and modifications. (Sec. 6)The bill also directs the BLM toconduct federal coal lease sales and modifications within one year after it completes an environmental analysis of anapplication.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Park Renewal Fund Act''. SEC. 2. FEES. (a) Admission Fees.--Section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) is amended as follows: (1) Delete ``fee-free travel areas'' and ``lifetime admission permit'' from the title of this section. (2) In paragraph (a)(1)(A)(i) by striking the first and second sentences and inserting in lieu thereof, ``For admission into any such designated area, an annual admission permit (to be known as the Golden Eagle Passport) shall be available for a fee and under such conditions as to be determined by the Secretary of the Interior and the Secretary of Agriculture.''. (3) In paragraph (a)(1)(B) by striking the second sentence. (4) Delete paragraph (a)(2) in its entirety and insert in lieu thereof: ``Reasonable admission fees for a single visit to any designated unit shall be established by the administering Secretary for persons who choose not to purchase the annual permit. A `single visit' means a continuous stay within a designated unit. Payment of a single visit admission fee shall authorize exits from and reentries to a designated unit for a period to be defined for each designated unit by the administering Secretary based upon a determination of the period of time reasonably and ordinarily necessary for such a single visit.''. (5) In paragraph (a)(3) by inserting the word ``Great'' in the third sentence before ``Smoky''. (6) In paragraph (a)(3) delete the last sentence. (7) Delete paragraph (a)(4) in its entirety and insert in lieu thereof: ``The Secretary of the Interior and the Secretary of Agriculture shall establish procedures for discounted admission fees to any citizen of, or person legally domiciled in, the United States sixty-two years of age or older, such discount to be received upon proof of age. Any such discount will be nontransferable, applied only to the individual qualifying on the basis of age, and given notwithstanding the method of travel. No fees of any kind shall be collected from any persons who have a right of access for hunting or fishing privileges under a specific provision of law or treaty or who are engaged in the conduct of official Federal, State, or local government business.''. (8) Delete paragraph (a)(5) in its entirety and insert in lieu thereof: ``The Secretary of the Interior and the Secretary of Agriculture shall establish procedures providing for the issuance of a lifetime admission permit to any citizen of, or person legally domiciled in, the United States, if such citizen or person applies for such permit and is permanently disabled. Such procedures shall assure that such permit shall be issued only to persons who have been medically determined to be permanently disabled. Such permit shall be nontransferable, shall be issued without charge, and shall entitle the permittee and one accompanying individual to general admission into any area designated pursuant to this subsection, notwithstanding the method of travel.''. (9) In paragraph (a)(6)(A) by striking ``No later than 60 days after December 22, 1987'' and inserting ``No later than six months after enactment'' and striking ``Interior and Insular Affairs'' and inserting ``Resources''. (10) Delete paragraphs (a)(9) and (a)(11) in their entirety. Renumber current paragraph ``(10)'' as ``(9)'' and current paragraph ``(12)'' as ``(10)''. (b) Recreation Fees.--Section 4(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) is amended as follows: (1) Delete ``Fees for Golden Age Passport Permittee'' from section title. (2) Delete the following: ``personal collection of the fee by an employee or agent of the Federal agency operating the facility''. (3) Delete ``Any Golden Age Passport permittee, or'' and insert in lieu thereof ``Any''. (c) Criteria, Posting and Uniformity of Fees.--Section 4(d) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(d)) is amended by deleting from the first sentence ``recreation fees charged by non-Federal public agencies,'' and inserting in lieu thereof ``fees charged by other public and private entities,''. (d) Rules and Regulations.--Section 4(e) of the Land and Water Conservation Fund Act of 1965 (16 U.S. C. 460l-6a(e)) is amended by deleting ``of not more than $100.'' and inserting in lieu thereof ``as provided by law.'' (e) Federal and State Laws Unaffected.--Section 4(g) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(g)) is amended by deleting the following in the first sentence ``or fees or charges for commercial or other activities not related to recreation,'' and inserting ``: Provided, however, That in those park areas under partial (if applicable) or exclusive jurisdiction of the United States where State fishing licenses are not required, the National Park Service may charge a fee for fishing.''. (f) Technical Amendments.--Section 4(h) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(h)) is amended-- (1) by striking ``Bureau of Outdoor Recreation'' and inserting in lieu thereof, ``National Park Service''; (2) by striking ``Interior and Insular Affairs of the United States House of Representatives and United States Senate'' and inserting in lieu thereof, ``Resources of the United States House of Representatives and on Energy and Natural Resources of the United States Senate''; and (3) by striking ``Bureau'' and inserting in lieu thereof, ``National Park Service''. (g) Use of Fees.--Section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)) is amended as follows: (1) After ``(i)'' by inserting ``Use of Fees.--''. (2) In the first sentence of subparagraph (B) by striking ``fee collection costs for that fiscal year'' and inserting in lieu thereof ``fee collection costs for the immediately preceding fiscal year'' and by striking ``section in that fiscal year'' and inserting in lieu thereof ``section in such immediately preceding fiscal year''. (3) In the second sentence of subparagraph (B) by striking ``in that fiscal year''. (4) By adding the following at the end of paragraph (1): ``(C) Notwithstanding subparagraph (A), beginning in fiscal year 1996 and each fiscal year thereafter, all additional fee revenue generated by the National Park Service through enactment of this legislation, as authorized to be collected pursuant to subsection 4 (a) and (b), shall be covered into a special fund established in the Treasury of the United States to be known as the `National Park Renewal Fund'. In fiscal year 1997 and each fiscal year thereafter, the amount of additional fee revenue generated in the immediately preceding fiscal year by the National Park Service through enactment of this legislation shall be available to the Secretary of the Interior, without further provision in appropriations Acts, for infrastructure needs at parks including but not limited to facility refurbishment, repair and replacement, interpretive media and exhibit repair and replacement, and infrastructure projects associated with park resource protection. Such amounts shall remain available until expended. The Secretary shall develop procedures for the use of the fund that ensure accountability and demonstrated results consistent with the purposes of this Act. Beginning the first full fiscal year after the creation of the `National Park Renewal Fund', the Secretary shall submit an annual report to the Congress, on a unit-by-unit basis, detailing the expenditures of such receipts. In fiscal year 1996 only, fees authorized to be collected pursuant to subsections 4 (a) and (b) of this Act may be collected only to the extent provided in advance in appropriations Acts.''. (5) Paragraph (4)(A) is amended by striking ``resource protection, research, and interpretation'' and inserting in lieu thereof ``park operations''. (h) Selling of Permits.--Section 4(k) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(k)) is amended by-- (1) striking ``Selling of Annual Admission Permits by Public and Private Entities Under Arrangements with Collecting Agency Head'' from the title of this section; and (2) deleting the last two sentences, regarding the sale of Golden Eagle Passports, from this section. (i) Charges for Transportation Provided by the National Park Service.--(1) Section 4(l)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by striking the word ``viewing'' from the section title and inserting in lieu thereof ``visiting''. (2) Section 4(l)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by deleting the word ``view'' and inserting in lieu thereof ``visit''. (3) Section 4(l)(2) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by deleting paragraph (2) and inserting in lieu thereof: ``Notwithstanding any other provision of law, the charges imposed under paragraph (1) shall be retained by the unit of the National Park System at which the service was provided. The amount retained shall be expended for costs associated with the transportation systems at the unit where the charge was imposed.''. (j) Commercial Tour Fees.--Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(n)) is amended by striking section (2) in its entirety and inserting in lieu thereof: ``(2) The Secretary shall establish a flat fee, per entry, for such vehicles. The amount of the said flat fee shall reflect both the commercial tour use fee rate and current admission rates.''. (k) Fees for Special Uses.--Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is amended by adding the following at the end thereof: ``(o) Fees for Commercial Nonrecreational Uses.--Utilizing the criteria established in section 4(d) (16 U.S.C. 460l-6a(d)), the Secretary of the Interior shall establish reasonable fees for non- recurring commercial or non-recreational uses of National Park System units that require special arrangements, including permits. At a minimum, such fees will cover all costs of providing necessary services associated with such use, except that at the Secretary's discretion, the Secretary may waive or reduce such fees in the case of any organization using an area within the National Park System for activities which further the goals of the National Park Service. Receipts from such fees may be retained at the park unit in which the use takes place, and remain available, without further appropriation, to cover the cost of providing such services. The portion of such fee which exceeds the cost of providing necessary services associated with such use shall be deposited into the National Park Renewal Fund.''. (l) Fee Authority.--Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is amended by adding the following new subsection at the end thereof: ``(p) Admission or Recreation Use Fees.--No admission or recreation use fee of any kind shall be charged or imposed for entrance into, or use of, any federally owned area operated and maintained by a Federal agency and used for outdoor recreation purposes, except as provided for by this Act.''. SEC. 3. PROHIBITION OF COMMERCIAL VEHICLES, DELAWARE WATER GAP NATIONAL RECREATION AREA. (a) In General.--Effective at noon on September 30, 2005, the use of Highway 209 within the Delaware Water Gap National Recreation Area by commercial vehicles, when such use is not connected with the operation of the recreation area, is prohibited, except as provided in section (b). (b) Local Business Use Protected.--Subsection (a) does not apply with respect to the use of commercial vehicles to serve businesses located within or in the vicinity of the recreation area, as determined by the Secretary. (c) Conforming Provisions.--(1) Paragraphs (1) through (3) of the third undesignated paragraph under the heading ``administrative provisions'' in chapter VII of title I of Public Law 98-63 (97 Stat. 329), are repealed, effective September 30, 2005. (2) Prior to noon on September 30, 2005, the Secretary shall collect and utilize a commercial use fee from commercial vehicles in accordance with paragraphs (1) through (3) of such third undesignated paragraph. Such fee shall not exceed $25 per trip. SEC. 4. CHALLENGE COST-SHARE AGREEMENTS. (a) Agreements.--The Secretary of the Interior is authorized to negotiate and enter into challenge cost-share agreements with cooperators. For purposes of this section, the term-- (1) ``challenge cost-share agreement'' means any agreement entered into between the Secretary and any cooperator for the purpose of sharing costs or services in carrying out authorized functions and responsibilities of the Secretary with respect to any unit or program of the National Park System (as defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c(a)), any affiliated area, or designated National Scenic or Historic Trail; and (2) ``cooperator'' means any State or local government, public or private agency, organization, institution, corporation, individual, or other entity. (b) Use of Federal Funds.--In carrying out challenge cost-share agreements, the Secretary is authorized to provide the Federal funding share from any funds available to the National Park Service. SEC. 5. DONATIONS. (a) Requests for Donations.--In addition to the Secretary's other authorities to accept the donation of lands, buildings, other property, services, and moneys for the purposes of the National Park System, the Secretary is authorized to solicit donations of money, property, and services from individuals, corporations, foundations and other potential donors who the Secretary believes would wish to make such donations as an expression of support for the national parks. Such donations may be accepted and used for any authorized purpose or program of the National Park Service, and donations of money shall remain available for expenditure without fiscal year limitation. Any employees of the Department to whom this authority is delegated shall be set forth in the written guidelines issued by the Secretary pursuant to paragraph (d). (b) Employee Participation.--Employees of the National Park Service may solicit donations only if the request is incidental to or in support of, and does not interfere with their primary duty of protecting and administering the parks or administering authorized programs, and only for the purpose of providing a level of resource protection, visitor facilities, or services for health and safety projects, recurring maintenance activities, or for other routine activities normally funded through annual agency appropriations. Such requests must be in accordance with the guidelines issued pursuant to subparagraph (d). (c) Prohibitions.--(1) A donation may not be accepted in exchange for a commitment to the donor on the part of the National Park Service or which attaches conditions inconsistent with applicable laws and regulations or that is conditioned upon or will require the expenditure of appropriated funds that are not available to the Department, or which compromises a criminal or civil position of the United States or any of its departments or agencies or the administrative authority of any agency of the United States. (2) In utilizing the authorities contained in this section employees of the National Park Service shall not directly conduct or execute major fundraising campaigns, but may cooperate with others whom the Secretary may designate to conduct such campaigns on behalf of the National Park Service. (d) Guidance.--(1) The Secretary shall issue written guidelines setting forth those positions to which he has delegated his authority under paragraph (a) and the categories of employees of the National Park Service that are authorized to request donations pursuant to paragraph (b). Such guidelines shall also set forth any limitations on the types of donations that will be requested or accepted as well as the sources of those donations. (2) The Secretary shall publish guidelines which set forth the criteria to be used in determining whether the solicitation or acceptance of contributions of lands, buildings, other property, services, moneys, and other gifts or donations authorized by this section would reflect unfavorably upon the ability of the Department of the Interior or any employee to carry out its responsibilities or official duties in a fair and objective manner, or would compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs. The Secretary shall also issue written guidance on the extent of the cooperation that may be provided by National Park Service employees in any major fundraising campaign which the Secretary has designated others to conduct pursuant to paragraph (c)(2). SEC. 6. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES. Public Law 101-337 is amended as follows: (1) In section 1 (16 U.S.C. 19jj), by amending subsection (d) to read as follows: ``(d) `Park system resource' means any living or non-living resource that is located within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.''. (2) In section 1 (16 U.S.C. 19jj) by adding at the end thereof the following: ``(g) `Marine or aquatic park system resource' means any living or nonliving part of a marine or aquatic regimen within or is a living part of a marine or aquatic regimen within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.''. (3) In section 2(b) (16 U.S.C. 19jj-1(b)), by striking ``any park'' and inserting in lieu thereof ``any marine or aquatic park''.
Park Renewal Fund Act - Amends the Land and Water Conservation Act to authorize the sale of annual admission permits to National Park visitors for a fee. Designates the annual park permit the Golden Eagle Passport. Authorizes the Secretary of the Interior and the Secretary of Agriculture to determine the fees and conditions for issuing permits. Authorizes the administering Secretary to charge reasonable admission fees for a single visit for those visitors who choose not to purchase an annual permit. Deletes the provision prohibiting an admission fee at an urban park location which provides significant outdoor recreation opportunities and which has multiple points of access. Directs the Secretary of the Interior and the Secretary of Agriculture to establish procedures for discounted admission fees for U.S. citizens over the age of 62. Provides that the discount shall be nontransferable and given regardless of the method of travel. Requires the Secretary of the Interior and the Secretary of Agriculture to develop procedures to grant persons who have been medically determined to be permanently disabled with a lifetime admission permit to National Parks. Allows one accompanying individual to enter the park with the permittee. Requires the Secretary of the Interior to submit to the Congress within six months of the Act's enactment a report on the entrance fees to be charged at National Parks. Allows admission fees to be charged at the U.S.S. Arizona Memorial, Independence National Historic Park, any unit of the National Park System within the District of Columbia, Arlington House, San Juan National Historic Site, and Canaveral National Seashore. Deletes the provision requiring the Director of each park unit to designate one day during periods of high visitation as a "Fee-Free Day." Allows any National Park permit holder to use specialized recreation facilities at a rate of 50 percent of the established use fee. Requires fees to be comparable to those charged by other public and private entities. Permits persons violating National Park rules or regulations to be fined any amount as provided by law. Authorizes the National Park Service to charge a fee for fishing in areas where State fishing licenses are not required. Authorizes the Secretaries of Agriculture and of the Interior to withhold money from the special account which equals the amount of money spent on fee collection costs for the immediately preceding fiscal year. Directs that the additional revenue generated by the fees shall be used to cover infrastructure needs at the parks. Directs the Secretary to develop procedures for the use of the fund to ensure accountability and demonstrated results. Deletes the provision allowing the head of the fee collecting agency to enter into an agreement with public or private entities to sell annual admission permits. Allows individual units of the National Park System to retain money earned from transporting persons visiting the park. Directs the park to use the money for costs associated with the transportation systems at the unit. Directs the Secretary of the Interior to establish a flat fee for commercial tour vehicles based upon the commercial tour use fee rate and the current admission rates. Requires the Secretary of the Interior to establish reasonable fees for non-recurring commercial or non-recreational uses of National Park System units that require special arrangements. Requires the fees to cover the costs of services provided. Authorizes the individual park unit to keep the portion of the fee necessary to cover the cost of providing services. Requires that any additional funds be deposited into the National Park Renewal Fund. Prohibits fees for the use of any federally owned land except as provided for in this Act. (Sec. 3) Prohibits the use of Highway 209 within the Delaware Water Gap National Recreation Area by commercial vehicles after noon on September 30, 2005. Exempts commercial vehicles serving businesses within the vicinity of the recreation area. (Sec. 4) Authorizes the Secretary of the Interior to enter into challenge cost-share agreements with cooperators. (Sec. 5) Authorizes the Secretary of the Interior to accept, as well as solicit, donations on behalf of the National Park System. Permits employees of the National Park Service to solicit donations in limited circumstances. Instructs the Secretary of the Interior to issue written guidelines regarding the policy of employees soliciting donations. (Sec. 6) Defines "park system resource" to mean any living or non-living resource located within the boundaries of a unit of the National Park System, except for those owned by a non-Federal entity. Describes "marine or aquatic park system resource" as any living or non-living part of a marine or aquatic regimen within, or within the boundaries of, a unit of the National Park System, except for those resources owned by a non-Federal entity.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Business Center Act of 2009''. SEC. 2. VETERANS BUSINESS CENTER PROGRAM. Section 32 of the Small Business Act (15 U.S.C. 657b) is amended-- (1) in subsection (f), by inserting ``(other than subsections (g), (h), and (i))'' after ``this section''; and (2) by adding at the end the following: ``(g) Veterans Business Center Program.-- ``(1) In general.--The Administrator shall establish a Veterans Business Center program within the Administration to provide entrepreneurial training and counseling to veterans in accordance with this subsection. ``(2) Director.--The Administrator shall appoint a Director of the Veterans Business Center program, who shall implement and oversee such program and who shall report directly to the Associate Administrator for Veterans Business Development. ``(3) Designation of veterans business centers.--The Director shall establish by regulation an application, review, and notification process to designate entities as veterans business centers for purposes of this section. The Director shall make publicly known the designation of an entity as a veterans business center and the award of a grant to such center under this subsection. ``(4) Funding for veterans business centers.-- ``(A) Initial grants.--The Director is authorized to make a grant (hereinafter in this subsection referred to as an `initial grant') to each veterans business center each year for not more than 5 years in the amount of $200,000. ``(B) Growth funding grants.--After a veterans business center has received 5 years of initial grants under subparagraph (A), the Director is authorized to make a grant (hereinafter in this subsection referred to as a `growth funding grant') to such center each year for not more than 3 years in the amount of $150,000. After such center has received 3 years of growth funding grants, the Director shall require such center to meet performance benchmarks established by the Director to be eligible for growth funding grants in subsequent years. ``(5) Center responsibilities.--Each veterans business center receiving a grant under this subsection shall use the funds primarily on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans. ``(6) Matching funds.--Each veterans business center receiving a grant under this subsection shall be required to provide a non-Federal match of 50 percent of the Federal funds such center receives under this subsection. The Director may issue to a veterans business center, upon request, a waiver from all or a portion of such matching requirement upon a determination of hardship. The Director may waive the matching funds requirement under this paragraph with respect to veterans business centers that serve communities with a per capita income less than 75 percent of the national per capita income and an unemployment rate at least 150 percent higher than the national average. ``(7) Targeted areas.--The Director shall give priority to applications for designations and grants under this subsection that will establish a veterans business center in a geographic area, as determined by the Director, that is not currently served by a veterans business center and in which-- ``(A) the population of veterans exceeds the national median of such measure; or ``(B) the population of veterans of Operation Iraqi Freedom or Operation Enduring Freedom exceeds the national median of such measure. ``(8) Training program.--The Director shall develop and implement, directly or by contract, an annual training program for the staff and personnel of designated veterans business centers to provide education, support, and information on best practices with respect to the establishment and operation of such centers. The Director shall develop such training program in consultation with veterans business centers, the interagency task force established under subsection (c), and veterans service organizations. ``(9) Inclusion of other organizations in program.--Upon the date of the enactment of this subsection, each Veterans Business Outreach Center established by the Administrator under the authority of section 8(b)(17) and each center that received funds during fiscal year 2006 from the National Veterans Business Development Corporation established under section 33 and that remains in operation shall be treated as designated as a veterans business center for purposes of this subsection and shall be eligible for grants under this subsection. ``(10) Rural areas.--The Director shall submit annually to the Administrator a report on whether a sufficient percentage, as determined by the Director, of veterans in rural areas have adequate access to a veterans business center. If the Director submits a report under this paragraph that does not demonstrate that a sufficient percentage of veterans in rural areas have adequate access to a veterans business center, the Director shall give priority during the 1-year period following the date of the submission of such report to applications for designations and grants under this subsection that will establish veterans business centers in rural areas. ``(11) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $12,000,000 for fiscal year 2010 and $14,000,000 for fiscal year 2011. ``(h) Additional Grants Available to Veterans Business Centers.-- ``(1) Access to capital grant program.-- ``(A) In general.--The Director of the Veterans Business Center program shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Developing specialized programs to assist veteran-owned small businesses to secure capital and repair damaged credit. ``(ii) Providing informational seminars on securing loans to veteran-owned small businesses. ``(iii) Providing one-on-one counseling to veteran-owned small businesses to improve the financial presentations of such businesses to lenders. ``(iv) Facilitating the access of veteran- owned small businesses to both traditional and non-traditional financing sources. ``(v) Providing one-on-one or group counseling to owners of small business concerns who are members of the reserve components of the armed forces, as specified in section 10101 of title 10, United States Code, to assist such owners to effectively prepare their small businesses for periods when such owners are deployed in support of a contingency operation. ``(vi) Developing specialized programs to assist unemployed veterans to become entrepreneurs. ``(B) Award size.--The Director may not award a veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011. ``(2) Procurement assistance grant program.-- ``(A) In general.--The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Assisting veteran-owned small businesses to identify contracts that are suitable to such businesses. ``(ii) Preparing veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) through training and business advisement, particularly with respect to the construction trades. ``(iii) Providing veteran-owned small businesses technical assistance with respect to the Federal procurement process, including assisting such businesses to comply with Federal regulations and bonding requirements. ``(B) Award size.--The Director may not award a veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011. ``(3) Service-disabled veteran-owned small business grant program.-- ``(A) In general.--The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Developing outreach programs for service-disabled veterans to promote self- employment opportunities. ``(ii) Providing training to service- disabled veterans with respect to business plan development, marketing, budgeting, accounting, and merchandising. ``(iii) Assisting service-disabled veteran- owned small businesses to locate and secure business opportunities. ``(B) Award size.--The Director may not award a veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011. ``(i) Veterans Entrepreneurial Development Summit.-- ``(1) In general.--The Director of the Veterans Business Center program is authorized to carry out an event, once every two years, for the purpose of providing networking opportunities, outreach, education, training, and support to veterans business centers funded under this section, veteran- owned small businesses, veterans service organizations, and other entities as determined appropriate for inclusion by the Director. Such event shall include education and training with respect to improving outreach to veterans in areas of high unemployment. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $450,000 for fiscal years 2010 and 2011. ``(j) Inclusion of Surviving Spouses.--For purposes of subsections (g), (h), and (i) the following apply: ``(1) The term `veteran' includes a surviving spouse of the following: ``(A) A member of the Armed Forces, including a reserve component thereof. ``(B) A veteran. ``(2) The term `veteran-owned small business' includes a small business owned by a surviving spouse of the following: ``(A) A member of the Armed Forces, including a reserve component thereof. ``(B) A veteran. ``(k) Inclusion of Reserve Components.--For purposes of subsections (g), (h), and (i) the following apply: ``(1) The term `veteran' includes a member of the reserve components of the armed forces as specified in section 10101 of title 10, United States Code. ``(2) The term `veteran-owned small business' includes a small business owned by a member of the reserve components of the armed forces as specified in section 10101 of title 10, United States Code.''. SEC. 3. REPORTING REQUIREMENT FOR INTERAGENCY TASK FORCE. Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the following: ``(4) Report.--The Administrator shall submit to Congress biannually a report on the appointments made to and activities of the task force.''. SEC. 4. COMPTROLLER GENERAL STUDY OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS. The Comptroller General shall carry out a study on the effects of this Act and the amendments made by this Act on small business concerns owned and controlled by veterans and submit to Congress a report on the results of such study. Such report shall include the recommendations of the Comptroller General with respect to how this Act and the amendments made by this Act may be implemented to more effectively serve small business concerns owned and controlled by veterans. Passed the House of Representatives July 28, 2009. Attest: LORRAINE C. MILLER, Clerk.
Veterans Business Center Act of 2009 - (Sec. 2) Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish within the SBA a Veterans Business Center program (program), headed by a Director, to provide entrepreneurial training and counseling to veterans. Authorizes the Director to make grants to each entity designated by the Director as a veterans business center (center). Authorizes the Director to make both initial and growth funding grants under the program. Requires each center to use such funds on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans. Requires a 50% non-federal funding match for participating centers, but authorizes the Director to waive such requirement with respect to centers located in certain low-income or high unemployment areas. Requires the Director to give priority to applications that will establish a center in an area in which the population of veterans, or veterans of Operations Iraqi Freedom or Enduring Freedom, exceeds the national median. Requires the Director to: (1) develop and implement an annual training program for staff and personnel of such centers; and (2) report annually to the Administrator on whether a sufficient percentage of veterans in rural areas have adequate access to a center. Authorizes appropriations. Requires the Director to establish a grant program under which the Director is authorized to make grants to centers that will develop specialized programs to assist veteran-owned small businesses in securing capital and repairing damaged credit, counsel on how to improve financial presentations, facilitate access to financing, and assist unemployed veterans become entrepreneurs. Authorizes appropriations. Requires the Director to establish a grant program under which the Director is authorized to make grants to centers to: (1) assist veteran-owned small businesses to identify contracts that are suitable to such businesses; (2) prepare veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009, particularly with respect to the construction trades; and (3) provide veteran-owned small businesses technical assistance with respect to the federal procurement process. Authorizes appropriations. Requires the Director to establish a grant program which the Director is authorized to make grants to centers to develop outreach programs for service-disabled veterans to promote self-employment opportunities and to train and assist such veterans with respect to developing business plans and securing business opportunities. Authorizes appropriations. Authorizes the Director to carry out, every two years, a veterans entrepreneurial development summit, which shall include education and training on improving outreach to veterans in areas of high unemployment. Authorizes appropriations. (Sec. 3) Requires an annual report from the Administrator to Congress on appointments made to, and activities of, the interagency task force on veteran-owned small businesses. (Sec. 4) Directs the Comptroller General to carry out, and report to Congress on, a study of the effects of this Act on small businesses owned and controlled by veterans.
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SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``National Transportation Safety Board Amendments Act of 1999''. (b) References.--Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 2. DEFINITIONS. Section 1101 is amended to read as follows: ``Sec. 1101. Definitions ``Section 2101(17a) of title 46 and section 40102(a) of this title apply to this chapter. In this chapter, the term `accident' includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.''. SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS. (a) In General.--Section 1113(b)(1)(I) is amended to read as follows: ``(I) negotiate and enter into agreements with private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of technical services or training in accident investigation theory and technique, and require that such entities provide appropriate consideration for the reasonable costs of any goods, services, or training provided by the Board.''. (b) Deposit of Amounts.--Section 1114(a) is amended-- (1) by inserting ``(1)'' before ``Except''; and (2) by adding at the end the following: ``(2) The Board shall deposit in the Treasury amounts received under paragraph (1). Such amounts shall be available to the Board as provided in appropriations Acts.''. SEC. 4. OVERTIME PAY. Section 1113 is amended by adding at the end the following: ``(g) Overtime Pay.-- ``(1) In general.--Subject to the requirements of this section and notwithstanding paragraphs (1) and (2) of section 5542(a) of title 5, for an employee of the Board whose basic pay is at a rate which equals or exceeds the minimum rate of basic pay for GS-10 of the General Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed at the scene of an accident (including travel to or from the scene) and other work that is critical to an accident investigation in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay. ``(2) Limitation on overtime pay to an employee.--An employee of the Board may not receive overtime pay under paragraph (1), for work performed in a calendar year, in an amount that exceeds 15 percent of the annual rate of basic pay of the employee for such calendar year. ``(3) Limitation on total amount of overtime pay.--The Board may not make overtime payments under paragraph (1), for work performed in a calendar year, in a total amount that exceeds $570,000. ``(4) Basic pay defined.--In this subsection, the term `basic pay' includes any applicable locality-based comparability payment under section 5304 of title 5 (or similar provision of law) and any special rate of pay under section 5305 of title 5 (or similar provision of law). ``(5) Annual report.--Not later than January 31, 2001, and annually thereafter, the Board shall transmit to Congress a report identifying the total amount of overtime payments made under this subsection in the preceding fiscal year and the number of employees whose overtime pay under this subsection was limited in such fiscal year as a result of the 15 percent limit established by paragraph (2).''. SEC. 5. RECORDERS. (a) Cockpit Video Recordings.--Section 1114(c) is amended-- (1) in the subsection heading by striking ``Voice''; (2) in paragraphs (1) and (2) by striking ``cockpit voice recorder'' and inserting ``cockpit voice or video recorder''; and (3) in the second sentence of paragraph (1) by inserting ``or any written depiction of visual information'' after ``transcript''. (b) Surface Vehicle Recordings and Transcripts.-- (1) In general.--Section 1114 is amended-- (A) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (B) by inserting after subsection (c) the following: ``(d) Surface Vehicle Recordings and Transcripts.-- ``(1) Confidentiality of recordings.--The Board may not disclose publicly any part of a surface vehicle voice or video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board. However, the Board shall make public any part of a transcript or any written depiction of visual information that the Board decides is relevant to the accident-- ``(A) if the Board holds a public hearing on the accident, at the time of the hearing; or ``(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket. ``(2) References to information in making safety recommendations.--This subsection does not prevent the Board from referring at any time to voice or video recorder information in making safety recommendations.''. (2) Conforming amendment.--The first sentence of section 1114(a) is amended by striking ``and (e)'' and inserting ``(d), and (f)''. (c) Discovery and Use of Cockpit and Surface Vehicle Recordings and Transcripts.-- (1) In general.--Section 1154 is amended-- (A) in the section heading by striking ``cockpit voice and other material'' and inserting ``cockpit and surface vehicle recordings and transcripts''; (B) in subsection (a)-- (i) by striking ``cockpit voice recorder'' each place it appears and inserting ``cockpit or surface vehicle recorder''; (ii) by striking ``section 1114(c)'' each place it appears and inserting ``section 1114(c) or 1114(d)''; and (iii) by adding at the end the following: ``(6) In this subsection-- ``(A) the term `recorder' means a voice or video recorder; and ``(B) the term `transcript' includes any written depiction of visual information obtained from a video recorder.''. (2) Conforming amendment.--The table of sections for chapter 11 is amended by striking the item relating to section 1154 and inserting the following: ``1154. Discovery and use of cockpit and surface vehicle recordings and transcripts.''. (d) Requirements for Installation and Use of Recording Devices.-- Section 329 is amended by adding at the end the following: ``(e) Requirements for Installation and Use of Recording Devices.-- A requirement for the installation and use of an automatic voice, video, or data recording device on an aircraft, vessel, or surface vehicle shall not be construed to be the collection of information for the purpose of any Federal law or regulation, if the requirement-- ``(1) meets a safety need for the automatic recording of realtime voice or data experience that is restricted to a fixed period of the most recent operation of the aircraft, vessel, or surface vehicle; ``(2) does not place a periodic reporting burden on any person; and ``(3) does not necessitate the collection and preservation of data separate from the device.''. SEC. 6. PRIORITY OF INVESTIGATIONS. (a) In General.--Section 1131(a)(2) is amended-- (1) by striking ``(2) An investigation'' and inserting ``(2)(A) Subject to the requirements of this paragraph, an investigation''; and (2) by adding at the end the following: ``(B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section. ``(C) If a law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under paragraph (1)(A) through (D) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved.''. (b) Revision of 1977 Agreement.--Not later than 1 year after the date of the enactment of this Act, the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act. SEC. 7. PUBLIC AIRCRAFT INVESTIGATION CLARIFICATION. Section 1131(d) is amended by striking ``1134(b)(2)'' and inserting ``1134(a), (b), (d), and (f)''. SEC. 8. AUTHORITY OF THE INSPECTOR GENERAL. (a) In General.--Subchapter III of chapter 11 of subtitle II is amended by adding at the end the following: ``Sec. 1137. Authority of the Inspector General ``(a) In General.--The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management and business operations of the National Transportation Safety Board, including internal accounting and administrative control systems, to determine compliance with applicable Federal laws, rules, and regulations. ``(b) Duties.--In carrying out this section, the Inspector General shall-- ``(1) keep the Chairman of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board; ``(2) issue findings and recommendations for actions to address such problems; and ``(3) report periodically to Congress on any progress made in implementing actions to address such problems. ``(c) Access to Information.--In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). ``(d) Reimbursement.--The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.''. (b) Conforming Amendment.--The table of sections for such subchapter is amended by adding at the end the following: ``1137. Authority of the Inspector General.''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 1118(a) is amended to read as follows: ``(a) In General.--There is authorized to be appropriated for the purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000 for fiscal year 2001, and $72,000,000 for fiscal year 2002. Such sums remain available until expended.''. Passed the House of Representatives September 30, 1999. Attest: JEFF TRANDAHL, Clerk.
(Sec. 3) Grants the National Transportation Safety Board (NTSB) authority to: (1) negotiate and enter into agreements with private entities, Federal, State, and local governments, and foreign governments for the provision of technical services or training in accident investigation theory and technique; and (2) require that such entities provide appropriate consideration for the reasonable costs of any goods, services, or training provided by the NTSB.(Sec. 4) Authorizes the NTSB to pay an employee with basic pay at a rate of GS-10 or above an overtime hourly rate of time-and-a-half for work performed at an accident scene (including travel to or from the scene) and other work critical to an accident investigation. Specifies limits on total NTSB overtime payments in a calendar year.(Sec. 5) Prohibits the NTSB from disclosing publicly any part of a surface vehicle video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, regarding an accident investigated by the NTSB. Requires the NTSB to make public any part of a transcript or any written depiction of visual information relevant to an accident, provided certain conditions are met. Subjects surface vehicle recordings (voice or video recorder) and transcripts of accidents (written depiction of visual information obtained from a video recorder) to specified requirements for discovery and use in a judicial proceeding.Prescribes requirements for installation and use of recording devices on surface vehicles.(Sec. 6) Requires the NTSB to relinquish investigative priority to the Federal Bureau of Investigation with respect to an accident if the Attorney General determines that circumstances reasonably indicate that such accident may have been caused by an intentional criminal act.(Sec. 8) Limits the Federal law compliance review authority of the Inspector General of the Department of Transportation with respect to the NTSB to its financial management and business operations (including internal accounting and administration control systems).(Sec. 9) Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuels Marketing Act of 2010''. SEC. 2. FUEL COMPATIBILITY WITH INFRASTRUCTURE. (a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) is amended as follows: (1) By redesignating section 9014 as section 9015. (2) By inserting after section 9013 the following new section: ``SEC. 9014. COMPATIBILITY. ``(a) Compatibility With Renewable Fuels.-- ``(1) Guidelines.--Not later than 1 year after the date of enactment of the Renewable Fuels Marketing Act of 2010, the Administrator shall issue guidelines for determining whether underground storage tanks and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized by the Administrator or by statute for use in a motor vehicle, nonroad vehicle, or engine. ``(2) Application.--Guidelines issued under this subsection shall apply with respect to existing underground storage tanks and associated dispensing equipment and with respect to new underground storage tanks and associated dispensing equipment. ``(3) Previously listed as compatible.--Underground storage tanks and associated dispensing equipment that, as of the date of enactment of this section, have been listed by a nationally recognized testing laboratory as compatible with a fuel or fuel additive described in paragraph (1) shall be deemed compatible under the guidelines issued under this subsection. ``(b) Liability.--No person shall be liable under any provision of this Act or any other provision of Federal or State law on the basis that an underground storage tank or associated dispensing equipment that stores or dispenses any fuel or fuel additive described in subsection (a)(1) is not compatible with such fuel or fuel additive if such tank or equipment has been determined to be compatible with such fuel or fuel additive pursuant to the guidelines issued under such subsection. ``(c) Financial Assurance.--A provider of financial assurance may not deny payment for a claim on the basis that an underground storage tank or associated dispensing equipment is not compatible with any fuel or fuel additive described in subsection (a)(1) if such tank or equipment is determined to be compatible with such fuel or fuel additive pursuant to the guidelines issued under such subsection. ``(d) Definitions.--In this section: ``(1) Associated dispensing equipment.--The term `associated dispensing equipment' means equipment that is-- ``(A) for the dispensing or storage at retail of any fuel or fuel additive described in subsection (a)(1); and ``(B) subject to regulation under section 1926.152 of title 29, Code of Federal Regulations, as in effect on the date of enactment of the Renewable Fuels Marketing Act of 2010. ``(2) Compatible.--The term `compatible' has the meaning given such term in section 280.12 of title 40, Code of Federal Regulations, as in effect on the date of enactment of the Renewable Fuels Marketing Act of 2010. ``(3) Provider of financial assurance.--The term `provider of financial assurance' has the meaning given such term in section 280.92 of title 40, Code of Federal Regulations, as in effect on the date of enactment of the Renewable Fuels Marketing Act of 2010.''. (b) Table of Contents.--The table of contents in section 1001 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by striking the item related to section 9014 and inserting the following: ``9014. Compatibility. ``9015. Authorization of appropriations.''. SEC. 3. MISFUELING. (a) Misfueling.--Section 211(g) of the Clean Air Act (42 U.S.C. 7545(g)) is amended by adding at the end the following new paragraph: ``(3)(A) Not later than one year after the date of enactment of the Renewable Fuels Marketing Act of 2010, the Administrator shall promulgate regulations that set forth requirements for the labeling of associated dispensing equipment as the Administrator determines necessary to prevent the introduction of any transportation fuel described in subparagraph (C) into a motor vehicle, nonroad vehicle, or engine that is not compatible with such transportation fuel. ``(B) A person selling a transportation fuel described in subparagraph (C) who complies with the regulations under subparagraph (A) shall not be liable, under any provision of this Act or any other provision of Federal or State law, for-- ``(i) a self-service purchaser's introduction of such a transportation fuel into a motor vehicle, nonroad vehicle, or engine that is not compatible with such transportation fuel; or ``(ii) the voiding of the manufacturer's warranty of such a vehicle or engine from such introduction of such a transportation fuel. ``(C) A transportation fuel described in this subparagraph is a fuel that contains a fuel or fuel additive that is authorized, after January 1, 2010, by the Administrator or by statute, for use in a motor vehicle, nonroad vehicle, or engine. ``(D) In this paragraph the term `associated dispensing equipment' has the meaning given such term in section 9014(d) of the Solid Waste Disposal Act.''. (b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended-- (1) in paragraph (1), by inserting ``(g),'' after ``or the regulations prescribed under subsection (c),''; and (2) in paragraph (2), by inserting ``(g),'' after ``of the regulations prescribed under subsections (c),''.
Renewable Fuels Marketing Act of 2010 - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency (EPA) to issue guidelines for determining whether underground storage tanks and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized by the Administrator or by statute for use in a motor vehicle, nonroad vehicle, or engine. Deems tanks and equipment that have been listed by a nationally recognized testing laboratory as compatible with such a fuel or fuel additive as of the date of enactment of this Act to be compatible under the guidelines. Declares that no person shall be liable under any federal or state law, and no provider of financial assurance may deny payment for a claim, on the basis that a tank (or associated dispensing equipment) is not compatible with such fuel or fuel additive if such tank or equipment has been determined to be compatible pursuant to the guidelines issued under this Act. Amends the Clean Air Act to direct the Administrator to promulgate regulations that establish requirements for the labeling of associated dispensing equipment to prevent the introduction into a motor vehicle, nonroad vehicle, or engine of transportation fuel that contains a fuel or fuel additive that is authorized, after January 1, 2010, by the Administrator or by statute for use in motor vehicles, nonroad vehicles, or engines but that is not compatible with such vehicle or engine. Shields a person selling such fuel who complies with such regulations from liability for: (1) a self-service purchaser's introduction of such a fuel into a vehicle or engine that is not compatible with such fuel; or (2) the voiding of the manufacturer's warranty of such vehicle or engine from introduction of such fuel. Sets penalties for violation of such regulations.
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That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2005, namely: DEPARTMENT OF DEFENSE--MILITARY OPERATION AND MAINTENANCE Operation and Maintenance, Defense-Wide (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ``Operation and Maintenance, Defense- Wide'', $1,400,000,000 for emergency hurricane expenses, to support costs of evacuation, emergency repairs, deployment of personnel, and other costs resulting from immediate relief efforts, to remain available until September 30, 2006: Provided, That the Secretary of Defense may transfer these funds to appropriations for military personnel, operation and maintenance, procurement, family housing, Defense Health Program, and working capital funds: Provided further, That not to exceed $6,000,000 may be transferred to ``Armed Forces Retirement Home'' for emergency hurricane expenses: Provided further, That funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the Secretary of Defense shall, not more than 5 days after making transfers from this appropriation, notify the Committees on Appropriations in writing of any such transfer: Provided further, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). DEPARTMENT OF DEFENSE--CIVIL DEPARTMENT OF THE ARMY Corps of Engineers--Civil OPERATION AND MAINTENANCE For an additional amount for ``Operation and Maintenance'' for emergency expenses for repair of storm damage to authorized projects in the Gulf states affected by Hurricane Katrina, $200,000,000, to remain available until expended: Provided, That the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide, at a minimum, a weekly report to the Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than September 15, 2005: Provided further, That the amount provided herein is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). Flood Control and Coastal Emergencies For an additional amount for ``Flood Control and Coastal Emergencies'', as authorized by section 5 of the Flood Control Act of August 16, 1941 (33 U.S.C. 701), for emergency expenses for repair of damage to flood control and hurricane shore protection projects in the Gulf states caused by Hurricane Katrina, $200,000,000, to remain available until expended: Provided, That the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide, at a minimum, a weekly report to the Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than September 15, 2005: Provided further, That the amount provided herein is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). DEPARTMENT OF HOMELAND SECURITY EMERGENCY PREPAREDNESS AND RESPONSE Disaster Relief (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ``Disaster Relief'', $50,000,000,000, to remain available until expended: Provided, That up to $100,000,000 may be transferred to and merged with ``Emergency Preparedness and Response, Public Health Programs'' for the National Disaster Medical System to support medical care as authorized by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-11): Provided further, That $15,000,000 shall be transferred to and merged with ``Departmental Management and Operations, Office of Inspector General'' for necessary expenses of the Office of Inspector General for audits and investigations as authorized by law for Hurricane Katrina response and recovery activities: Provided further, That the Secretary of Homeland Security shall provide, at a minimum, a weekly report to the Committees on Appropriations detailing the allocation and obligation of these funds, beginning not later than September 15, 2005: Provided further, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). GENERAL PROVISION Sec. 101. For procurements of property or services determined by the head of an executive agency to be used in support of Hurricane Katrina rescue and relief operations-- (1) the emergency procurement authority in subsection 32A(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 428a(c)) may be used; and (2) the amount specified in subsections (c), (d), and (f) of section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) shall be $250,000. This Act may be cited as the ``Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005''. 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 introduced. The summary of that version is repeated here.) Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 - Appropriates an additional $1.4 billion to the Department of Defense-Military for ``Operation and Maintenance, Defense-Wide'' for emergency hurricane expenses, to support costs of evacuation, emergency repairs, deployment of personnel, and other costs resulting from immediate relief efforts, to remain available through FY2006. Allows the transfer of up to $6 million to the Armed Forces Retirement Home for emergency hurricane expenses. Authorizes the Secretary of Defense to transfer these funds to appropriations for military personnel, operation and maintenance, procurement, family housing, Defense Health Program, and working capital funds. Requires transferred funds to be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred. Requires re-transfer back to this appropriation of any transferred funds determined to be not necessary for the purposes of this Act. Directs the Secretary to notify the congressional defense committees in writing within five days after any such transfer. Designates such amounts as emergency requirements which shall shall not count for budget enforcement purposes of the Congressional Budget Act of 1974. Appropriates to the Department of the Army, Corps of Engineers--Civil, an additional $200 million for "Operation and Maintenance," and an additional $200 million for "Flood Control and Coastal Emergencies," to remain available until expended, for emergency expenses for repair of storm damage to authorized projects, as well as flood control and hurricane shore protection projects, in the Gulf States affected by Hurricane Katrina. Requires weekly reports by the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, to the Committees on Appropriations on funds allocation and obligation. Designates such amounts as emergency requirements which shall shall not count for budget enforcement purposes of the Congressional Budget Act of 1974. Appropriates an additional $50 billion to the Department of Homeland Security for disaster relief (for areas affected by Hurricane Katrina), to remain available until expended, of which up to $100 million may be transferred to and merged with "Emergency Preparedness and Response--Public Health Programs" for the National Disaster Medical System to support medical care as authorized by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. Requires the transfer of $15 million to, and merger with, "Departmental Management and Operations--Office of Inspector General" for necessary expenses of the Office of Inspector General for audits and investigations as authorized by law for Hurricane Katrina response and recovery activities. Requires weekly reports by the Secretary of Homeland Security to the Committees on Appropriations on funds allocation and obligation. Designates such amounts as emergency requirements which shall shall not count for budget enforcement purposes of the Congressional Budget Act of 1974. (Sec. 101) Authorizes the use of the emergency procurement authority of the Office of Federal Procurement Policy Act by executive agencies to make purchases without obtaining competitive quotations for procurements of property or services determined by the agency head to be used in support of Hurricane Katrina rescue and relief operations, if an agency employee determines that the purchase price is reasonable. Increases from $2,500 to $250,000 the maximum amount (micro-purchase threshold) of such a purchase that: (1) may be made without obtaining competitive quotations; and (2) need not be distributed equitably among qualified suppliers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Workers' Compensation Modernization and Improvement Act''. SEC. 2. PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE NURSES. (a) Definition of Medical Services.--Section 8101(3) of title 5, United States Code, is amended-- (1) by striking ``law. Reimbursable'' and inserting ``law (reimbursable''; and (2) by inserting before the semicolon, the following: ``, and medical services may include treatment by a physician assistant or advanced practice nurse, such as a nurse practitioner, within the scope of their practice as defined by State law, consistent with regulations prescribed by the Secretary of Labor)''. (b) Medical Services and Other Benefits.--Section 8103 of title 5, United States Code, is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a), the following: ``(b) Medical services furnished or prescribed pursuant to subsection (a) may include treatment by a physician assistant or advanced practice nurse, such as a nurse practitioner, within the scope of their practice as defined by State law, consistent with regulations prescribed by the Secretary of Labor.''. (c) Certification of Traumatic Injury.--Section 8121(6) of title 5, United States Code, is amended by inserting before the period, the following: ``(except that in a case of a traumatic injury, a physician assistant or advanced practice nurse, such as a nurse practitioner, within the scope of their practice as defined by State law, may also provide certification of such traumatic injury and related disability during the continuation of pay period covered by section 8118, in a manner consistent with regulations prescribed by the Secretary of Labor)''. SEC. 3. COVERING TERRORISM INJURIES. Section 8102(b) of title 5, United States Code, is amended in the matter preceding paragraph (1)-- (1) by inserting ``or from an attack by a terrorist or terrorist organization, either known or unknown,'' after ``force or individual,''; and (2) by striking ``outside'' and all that follows through ``1979)'' and inserting ``outside of the United States''. SEC. 4. DISFIGUREMENT. Section 8107(c)(21) of title 5, United States Code-- (1) by striking ``For'' and inserting the following: ``(A) Except as provided under subparagraph (B), for''; and (2) by adding at the end the following: ``(B) Notwithstanding subparagraph (A), for an injury occurring during the 3-year period prior to the date of enactment of the Federal Workers' Compensation Modernization and Improvement Act for which the Secretary of Labor has not made a compensation determination on disfigurement under subparagraph (A), or for an injury occurring on or after the date of enactment of such Act resulting in a serious disfigurement of the face, head, or neck, proper and equitable compensation in proportion to the severity of the disfigurement, not to exceed $50,000, as determined by the Secretary, shall be awarded in addition to any other compensation payable under this schedule. The applicable maximum compensation for disfigurement provided under this subparagraph shall be adjusted annually on March 1 in accordance with the percentage amount determined by the cost of living adjustment in section 8146a.''. SEC. 5. SOCIAL SECURITY EARNINGS INFORMATION. Section 8116 of title 5, United States Code, is amended by adding at the end the following: ``(e) Notwithstanding any other provision of law, the Secretary of Labor may require, as a condition of receiving any benefits under this subchapter, that a claimant for such benefits consent to the release by the Social Security Administration of the Social Security earnings information of such claimant.''. SEC. 6. CONTINUATION OF PAY IN A ZONE OF ARMED CONFLICT. Section 8118 of title 5, United States Code, is amended-- (1) in subsection (b), by striking ``Continuation'' and inserting ``Except as provided under subsection (e)(2), continuation''; (2) in subsection (c), by striking ``subsections (a) and (b)'' and inserting ``subsections (a) and (b) or subsection (e),''; (3) in subsection (d), by striking ``subsection (a)'' and inserting ``subsection (a) or (e)''; (4) by redesignating subsection (e) as subsection (f); and (5) by inserting after subsection (d) the following: ``(e) Continuation of Pay in a Zone of Armed Conflict.-- ``(1) In general.--Notwithstanding subsection (a), the United States shall authorize the continuation of pay of an employee as defined in section 8101(1) of this title (other than those referred to in subparagraph (B) or (E)), who has filed a claim for a period of wage loss due to traumatic injury in performance of duty in a zone of armed conflict (as so determined by the Secretary of Labor under paragraph (3)), as long as the employee files a claim for such wage loss benefit with his immediate superior not later than 45 days following termination of assignment to the zone of armed conflict or return to the United States, whichever occurs later. ``(2) Continuation of pay.--Notwithstanding subsection (b), continuation of pay under this subsection shall be furnished for a period not to exceed 135 days without any break in time or waiting period, unless controverted under regulations prescribed by the Secretary of Labor. ``(3) Determination of zones of armed conflict.--For purposes of this subsection, the Secretary of Labor, in consultation with the Secretary of State and the Secretary of Defense, shall determine whether a foreign country or other foreign geographic area outside of the United States (as that term is defined in section 202(7) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4302(7))) is a zone of armed conflict based on whether-- ``(A) the Armed Forces of the United States are involved in hostilities in the country or area; ``(B) the incidence of civil insurrection, civil war, terrorism, or wartime conditions threatens physical harm or imminent danger to the health or well- being of United States civilian employees in the country or area; ``(C) the country or area has been designated a combat zone by the President under section 112(c) of the Internal Revenue Code of 1986 (26 U.S.C. 112(c)); ``(D) a contingency operation involving combat operations directly affects civilian employees in the country or area; or ``(E) there exist other relevant conditions and factors.''. SEC. 7. SUBROGATION OF CONTINUATION OF PAY. (a) Subrogation of the United States.--Section 8131 of title 5, United States Code, is amended-- (1) in subsection (a), by inserting ``continuation of pay or'' before ``compensation''; and (2) in subsection (c), by inserting ``continuation of pay or'' before ``compensation already paid''. (b) Adjustment After Recovery From A Third Person.--Section 8132 of title 5, United States Code, is amended-- (1) by inserting ``continuation of pay or'' before ``compensation'' the first, second, fourth, and fifth place it appears; (2) by striking ``in his behalf'' and inserting ``on his behalf''; and (3) by inserting ``continuation of pay and'' before ``compensation'' the third place it appears. SEC. 8. FUNERAL EXPENSES. Section 8134 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``If'' and inserting ``Except as provided in subsection (b), if''; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: ``(b) Notwithstanding subsection (a), for deaths occurring on or after the date of enactment of the Federal Workers' Compensation Modernization and Improvement Act, if death results from an injury sustained in the performance of duty, the United States shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $6,000, in the discretion of the Secretary of Labor. The applicable maximum compensation for burial expenses provided under this subsection shall be adjusted annually on March 1 in accordance with the percentage amount determined by the cost of living adjustment in section 8146a.''. SEC. 9. EMPLOYEES' COMPENSATION FUND. Section 8147 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``except administrative expenses'' and inserting ``including administrative expenses''; and (B) by striking the last 2 sentences; and (2) in subsection (b)-- (A) in the first sentence, by inserting before the period ``and an estimate of a pro-rata share of the amount of funds necessary to administer this subchapter for the fiscal year beginning in the next calendar year''; and (B) in the second sentence, by striking ``costs'' and inserting ``amount set out in the statement of costs and administrative expenses furnished pursuant to this subsection''. SEC. 10. CONFORMING AMENDMENT. Section 8101(1)(D) of title 5, United States Code, is amended by inserting before the semicolon ``who suffered an injury on or prior to March 3, 1979''. SEC. 11. EFFECTIVE DATE. Except as otherwise provided, this Act and the amendments made by this Act, shall take effect 60 days after the date of enactment of this Act. SEC. 12. PAYGO COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives November 29, 2011. Attest: KAREN L. HAAS, Clerk.
Federal Workers' Compensation Modernization and Improvement Act - Modifies the definition of "medical, surgical, and hospital services and supplies" under the Federal Employees' Compensation Act (FECA) to include physician assistants and advanced practice nurses and to provide for the reimbursement for services provided by such assistants and nurses. Permits such assistants and nurses to certify disability due to traumatic injury during a continuation of pay period. Extends eligibility for compensation under FECA for disability or death resulting from an attack by a terrorist or terrorist organization. Allows additional FECA benefits, up to $50,000, for workers who sustain an injury that results in a serious disfigurement of the face, head, or neck. Authorizes the Secretary of Labor to require, as a condition of receiving compensation under FECA, a claimant to consent to the release by the Social Security Administration (SSA) of such claimant's social security earnings information. Provides for the continuation of pay, for up to 135 days, of an employee who has filed a claim for wage loss due to a traumatic injury in a zone of armed conflict. Requires a claim for wage loss to be filed not later than 45 days following termination of assignment to the zone of armed conflict or return to the United States, whichever occurs later. Grants a right of subrogation to the United States for the continuation of pay of a federal employee. Allows payment of up to $6,000 of funeral and burial expenses for deaths of federal employees that result from an injury sustained in the performance of duty. Allows payment of administrative expenses from the Employees' Compensation Fund. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fixing the Federal Voting Assistance Program Act of 2008''. SEC. 2. APPOINTMENT AND QUALIFICATIONS OF PRESIDENTIAL DESIGNEE. (a) In General.--Section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)) is amended to read as follows: ``(a) Presidential Designee.-- ``(1) Appointment.--The Federal functions under this title shall be carried out by an individual appointed by the President by and with the advice and consent of the Senate, who shall be known for purposes of this title as the `Presidential designee'. ``(2) Qualifications.--The President may not appoint any individual to serve as the Presidential designee unless the individual has prior experience in election administration that includes oversight of voter registration and absentee ballot distribution.''. (b) Transition for Current Presidential Designee.--Notwithstanding section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act, as amended by subsection (a), the individual serving as the Presidential designee under such Act as of the date of the enactment of this Act may continue to serve as the Presidential designee without meeting the appointment and qualifications requirements of section 101(a) of such Act, but only until the expiration of the 6-month period which begins on the date of the enactment of this Act. SEC. 3. OVERSEAS VOTING ADVISORY BOARD. (a) Establishment; Duties.--There is hereby established the Overseas Voting Advisory Board (hereafter in this Act referred to as the ``Board''). (b) Duties.-- (1) In general.--The Board shall conduct studies and issue reports with respect to the following issues: (A) The ability of citizens of the United States who reside outside of the United States to register to vote and vote in elections for public office. (B) Methods to promote voter registration and voting among such citizens. (C) The effectiveness of the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act in assisting such citizens in registering to vote and casting votes in elections. (D) The effectiveness of the administration and enforcement of the requirements of the Uniformed and Overseas Citizens Absentee Voting Act. (E) The need for the enactment of legislation or the adoption of administrative actions to ensure that all Americans who are away from the jurisdiction in which they are eligible to vote because they live overseas or serve in the military (or are a spouse or dependent of someone who serves in the military) are able to register to vote and vote in elections for public office. (2) Reports.--In addition to issuing such reports as it considers appropriate, the Board shall transmit to Congress a report not later than March 31 of each year describing its activities during the previous year, and shall include in that report such recommendations as the Board considers appropriate for legislative or administrative action, including the provision of funding, to address the issues described in paragraph (1). (3) Committee hearings on annual report.-- (A) In general.--During each year, the Committees on Armed Services of the House of Representatives and Senate, the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate shall each hold a hearing on the annual report submitted by the Board under paragraph (2). (B) Exercise of rulemaking authority.--The provisions of subparagraph (A) are enacted-- (i) as an exercise of the rulemaking power of the House of Representatives and Senate, and, as such, they shall be considered as part of the rules of the House or Senate (as the case may be), and such rules shall supersede any other rule of the House or Senate only to the extent that rule is inconsistent therewith; and (ii) with full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House or Senate. (c) Membership.-- (1) Appointment.--The Board shall be composed of 5 members appointed by the President not later than 6 months after the date of the enactment of this Act, of whom-- (A) 1 shall be appointed from among a list of nominees submitted by the Speaker of the House of Representatives; (B) 1 shall be appointed from among a list of nominees submitted by the Minority Leader of the House of Representatives; (C) 1 shall be appointed from among a list of nominees submitted by the Majority Leader of the Senate; and (D) 1 shall be appointed from among a list of nominees submitted by the Minority Leader of the Senate. (2) Qualifications.--An individual may serve as a member of the Board only if the individual has experience in election administration and resides or has resided for an extended period of time overseas (as a member of the uniformed services or otherwise), except that the President shall ensure that at least one member of the Board is a citizen who resides overseas while serving on the Board. (3) Terms of service.-- (A) In general.--Except as provided in subparagraph (B), each member shall be appointed for a term of 4 years. A member may be reappointed for additional terms. (B) Vacancies.--A vacancy in the Board shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (4) Pay.-- (A) No pay for service.--A member shall serve without pay, except that a 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. (B) Reimbursement of travel expenses by presidential designee.--Upon request of the Chairperson of the Board, the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act shall, from amounts made available for the salaries and expenses of the Presidential designee, reimburse the Board for any travel expenses paid on behalf of a member under subparagraph (A). (5) Quorum.--3 members of the Board shall constitute a quorum but a lesser number may hold hearings. (6) Chairperson.--The members of the Board shall designate one member to serve as Chairperson. (d) Staff.-- (1) Authority to appoint.--Subject to rules prescribed the Board, the chairperson may appoint and fix the pay of such staff as the chairperson considers necessary. (2) Application of civil service laws.--The staff of the Board shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (3) Experts and consultants.--Subject to rules prescribed by the Board, the Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Staff of federal agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Board to assist it in carrying out its duties under this Act. (e) Powers.-- (1) Hearings and sessions.--The Board 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 Board considers appropriate. The Board may administer oaths or affirmations to witnesses appearing before it. (2) Obtaining official data.--The Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson, the head of that department or agency shall furnish that information to the Board. (3) Mails.--The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (4) Administrative support services.--Upon the request of the Board, the Administrator of General Services shall provide to the Board, on a reimbursable basis, the administrative support services necessary for the Board to carry out its responsibilities under this Act. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Board such sums as may be necessary to carry out this section for fiscal year 2009 and each succeeding fiscal year.
Fixing the Federal Voting Assistance Program Act of 2008 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to require the presidential designee responsible for carrying out federal functions under the Act to have experience in election administration and be approved by the Senate. Establishes the Overseas Voting Advisory Board to conduct studies and issue reports with respect to various issues, including the ability of U.S. citizens who reside outside of the United States to register to vote and vote in elections for public office.
{"src": "billsum_train", "title": "To amend the Uniformed and Overseas Citizens Absentee Voting Act to require the Presidential designee responsible for carrying out Federal functions under the Act to have experience in election administration and be approved by the Senate, to establish the Overseas Voting Advisory Board to oversee the administration of the Act so that American citizens who live overseas or serve in the military can participate in elections for public office, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Jobs Credit Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) In many parts of the United States, smaller cities and rural areas are experiencing population loss and low-job growth that hurts the surrounding communities. (2) In areas hurt by low-job growth, people are forced to leave the communities they have lived in their whole life to secure a job. (3) A small business tax credit to promote jobs in areas suffering from low-job growth and population loss would spur the economy and allow businesses to take advantage of an often underutilized well-educated workforce. SEC. 3. EXPANSION OF WORK OPPORTUNITY TAX CREDIT. (a) In General.--Section 51(d)(1) of the Internal Revenue Code of 1986 (relating to members of targeted groups) is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by adding at the end the following: ``(I) a qualified small business employee.''. (b) Qualified Small Business Employee.--Section 51(d) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (10) through (12) as paragraphs (11) through (13), respectively, and by inserting after paragraph (9) the following: ``(10) Qualified small business employee.-- ``(A) In general.--The term `qualified small business employee' means any individual-- ``(i) hired by a qualified small business located in a development zone, or ``(ii) hired by a qualified small business and who is certified by the designated local agency as residing in such a development zone. ``(B) Qualified small business.--The term `qualified small business' has the meaning given the term `small employer' by section 4980D(d)(2). ``(C) Development zone.--For purposes of this section-- ``(i) In general.--The term `development zone' means any area-- ``(I) which is nominated under the procedures defined in sections 1400E(a)(1)(A) and 1400E(a)(4) for renewal communities; ``(II) which the Secretary of Housing and Urban Development designates as a development zone, after consultation with the Secretary of Commerce; ``(III) which has a population of not less than 5,000 and not more than 150,000; ``(IV) which has a poverty rate not less than 20 percent (within the meaning of section 1400E(c)(3)(C)); ``(V) which has an average rate of job growth of less than 1 percent during the preceding 5-year period; and ``(VI) which, during the period beginning January 1, 1990 and ending with the date of the enactment of this Act, has a net out-migration of inhabitants, or other population loss, from the area of at least 3 percent of the population of the area during such period. ``(ii) Number of designations.--The Secretary of Housing and Urban Development may not designate more than 100 development zones. ``(D) Special rules for determining amount of credit.--For purposes of applying this subpart to wages paid or incurred to any qualified small business employee-- ``(i) subsection (a) shall be applied by substituting ``20 percent of the qualified first, second, third, fourth, or fifth year wages'' for ``40 percent of the qualified first year wages'', and ``(ii) in lieu of paragraphs (2) and (3) of subsection (b), the following definitions and special rule shall apply: ``(I) Qualified first-year wages.-- The term `qualified first-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning with the day the individual begins work for the employer. ``(II) Qualified second-year wages.--The term `qualified second-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such individual determined under subclause (I). ``(III) Qualified third-year wages.--The term `qualified third-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such individual determined under subclause (II). ``(IV) Qualified fourth-year wages.--The term `qualified fourth-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such individual determined under subclause (III). ``(V) Qualified fifth-year wages.-- The term `qualified fifth-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such individual determined under subclause (IV). ``(VI) Only first $15,000 of wages per year taken into account.--The amount of the qualified first, second, third, fourth, and fifth year wages which may be taken into account with respect to any individual shall not exceed $15,000 per year.''. (c) 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.
Small Business Jobs Credit Act of 2001 - Amends the Internal Revenue Code to include a "qualified small business employee" (an employee who is either hired by a qualified small business located in a development zone or who is hired by a qualified small business and who lives in such a zone) as a member of a targeted group for purposes of computing the work opportunity credit.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand the work opportunity tax credit for small business jobs creation."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Durable Medical Equipment Access Act of 2007''. SEC. 2. BENEFICIARY PROTECTIONS. (a) Application of Quality Standards.--Section 1847(b)(2)(B) of the Social Security Act (42 U.S.C. 1395w-3(b)(2)(B)) is amended to read as follows: ``(B) Application of quality standards and receipt of advice from oversight committee.--The Secretary may not award any contracts under the competitive acquisition program under this section unless-- ``(i) the quality standards have been implemented under section 1834(a)(20); and ``(ii) the Secretary has received advice from the program oversight committee established under subsection (c).''. (b) Requiring Use of Exemptions.--Section 1847(a)(3) of such Act (42 U.S.C. 1395w-3(a)(3)) is amended by striking ``may exempt'' and inserting ``shall exempt''. (c) Exemption of Smaller MSAs.--Section 1847(a)(3)(A) of such Act (42 U.S.C. 1395w-3(a)(3)(A)) is amended by inserting ``(including any metropolitan statistical area with a population of less than 500,000)'' after ``rural areas''. (d) Application of Federal Advisory Committee Act (FACA) to Program Advisory and Oversight Committee (PAOC).--Section 1847(c)(4) of such Act (42 U.S.C. 1395w-3(c)(4)) is amended to read as follows: ``(4) Applicability of faca.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee.''. (e) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 3. SMALL SUPPLIER PROTECTIONS. (a) Qualified Supplier Participation.--Section 1847(b) of the Social Security Act (42 U.S.C. 1395w-3(b)) is amended-- (1) in paragraph (4)(A), by striking ``The Secretary may limit'' and inserting ``Subject to paragraph (6)(D), the Secretary may limit''; and (2) in paragraph (6)(D), by adding at the end the following: ``Such appropriate steps shall include permitting all suppliers to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable to the items and they otherwise comply with applicable program requirements.''. (b) Restoration of Due Process.--Section 1847(b)(10) of such Act (42 U.S.C. 1395w-3(b)(10)) is amended-- (1) by striking ``No administrative or judicial review'' and inserting ``Restoration of appeal rights''; and (2) by striking ``There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of'' and inserting ``Administrative and judicial review shall only be available under section 1869 (and not otherwise) of''. (c) Application of Requirement for Significant Savings.--Section 1847(a) of such Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (3)(B), by inserting ``of at least 10 percent'' after ``significant savings''; and (2) in paragraph (1), by adding at the end the following new subparagraph: ``(D) Requirement for significant savings.--The Secretary shall not implement a program under this section with respect to an item or service unless the Secretary demonstrates a probability of achieving significant savings of at least 10 percent, compared to the fee schedule in effect on January 1, 2007, by including the item or service in the program.''. (d) Comparability Analysis.--Section 1834(a)(1) of such Act (42 U.S.C. 1395m(a)(1)) is amended-- (1) in subparagraph (F), by inserting ``subject to subparagraph (G),'' after ``2009,''; and (2) by adding at the end the following new subparagraphs: ``(G) Requirement for comparability analysis before implementation.--The Secretary may not implement subparagraph (F) with respect to the application of rates in an area that is not a competitive acquisition area under section 1847 unless the Secretary has completed and published in the Federal Register a comparability analysis to ensure the application is appropriate. The comparability analysis shall include at least an analysis of the relative costs of providing the particular items and services in the respective metropolitan statistical areas and an assessment of whether application of the bid rate in an area that is not a competitive acquisition area would adversely impact beneficiary access to quality items and services. ``(H) Application of comparability analysis requirement to certain other part b items and services.--Subparagraph (G) shall also apply to the implementation of section 1847(a) with respect to items described in paragraph (2)(B) or (2)(C) of such section that are furnished on or after January 1, 2009.''. (e) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 4. REPORT ON QUALITY AND ACCESS IMPACT OF IMPLEMENTATION AT 10 INITIAL COMPETITIVE ACQUISITION AREAS. (a) Analysis and Report.--After the Secretary of Health and Human Services has fully implemented the initial 10 competitive acquisition areas under section 1847 of the Social Security Act, the Secretary shall conduct a complete analysis of the impact of competitive bidding in those areas, including its impact on beneficiary access to quality products and its impact on providers of items and services covered under competition and shall submit a report to Congress on such analysis. (b) Moratorium on Further Implementation Until Congressional Action.-- (1) In general.--Notwithstanding any other provision of law, the Secretary shall not expand the coverage of competitive acquisition programs under section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)), or apply bid rates to non- bid areas under such section, beyond the 10 competitive acquisition areas identified under paragraph (1)(B)(i)(I) of such section as of the date of the enactment of this Act, unless specifically authorized by Congress after such date. (2) Conforming reference.--Section 1847(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-3(a)(1)(B)) is amended, in the matter before clause (i), by striking ``The programs'' and inserting ``Subject to section 4(b)(1) of the Medicare Durable Medical Equipment Access Act of 2007, the programs''.
Medicare Durable Medical Equipment Access Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee. Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Exempts smaller metropolitan statistical areas as well. Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit all suppliers to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable and otherwise comply with program requirements. Provides for appeal rights (currently denied). Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%. Prohibits the Secretary from implementing a program with respect to an item or service unless inclusion of the item or service will make significant savings of at least 10% probable, compared to the fee schedule in effect on January 1, 2007. Prohibits the Secretary from implementing certain payment rate basis requirements for covered items furnished after January 1, 2009, with respect to an area that is not a competitive acquisition area, unless a comparability analysis has been completed and published. Directs the Secretary, after fully implementing the initial 10 competitive acquisition areas, to analyze and report to Congress on the impact of competitive bidding in those areas. Prohibits expanding the coverage of competitive acquisition programs, or applying bid rates to non-bid areas, beyond the 10 competitive acquisition areas, unless specifically authorized by Congress.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Center Act of 2006''. SEC. 2. FINDINGS. Congress finds as follows: (1) There are not enough qualified teachers in the Nation's classrooms, and an unprecedented number of teachers will retire over the next 5 years. Over the next decade, the Nation will need to bring 2,000,000 new teachers into public schools. (2) Too many teachers do not receive adequate preparation for their jobs. (3) More than one-third of children in grades 7 through 12 are taught by a teacher who lacks both a college major and certification in the subject being taught. Rates of ``out-of- field teaching'' are especially high in high-poverty schools. (4) Teacher turnover is a serious problem, particularly in urban and rural areas. Over one-third of new teachers leave the profession within their first 3 years of teaching, and 14 percent of new teachers leave the field within the first year. After 5 years--the average time it takes for teachers to maximize students' learning--half of all new teachers will have exited the profession. Rates of teacher attrition are highest in high-poverty schools. Between 2000 and 2001, 1 out of 5 teachers in the Nation's high-poverty schools either left to teach in another school or dropped out of teaching altogether. (5) African-American, Latino, and low-income students are much less likely than other students to have highly-qualified teachers. (6) Research shows that individual teachers have a great impact on how well their students learn. The most effective teachers have been shown to be able to boost their pupils' learning by a full grade level relative to students taught by less effective teachers. (7) Only 16 States finance new teacher induction programs, and fewer still require inductees to be matched with mentors who teach the same subject. (8) Large-scale studies of effective professional development have documented that student achievement and teacher learning increases when professional development is teacher-led, ongoing, and collaborative. (9) Research shows that the characteristics of successful professional development include a focus on concrete classroom applications and practice, and opportunities for teacher observation, critique, reflection, group support, and collaboration. (10) Data on school reform shows that teachers are attracted to and continue to teach in academically challenged schools when appropriate supports are in place to help them succeed. Appropriate supports include high-quality induction programs, job-embedded professional development, and small classes which allow teachers to tailor instruction to meet the needs of individual students. SEC. 3. IMPROVING RETENTION OF AND PROFESSIONAL DEVELOPMENT FOR PUBLIC ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``PART E--TEACHER RETENTION ``SEC. 2501. IMPROVING PROFESSIONAL DEVELOPMENT OPPORTUNITIES THROUGH TEACHER CENTERS. ``(a) Grants.--The Secretary may make grants to eligible entities for the establishment and operation of new teacher centers or the support of existing teacher centers. ``(b) Special Consideration.--In making grants under this section, the Secretary shall give special consideration to any application submitted by an eligible entity that is-- ``(1) a high-need local educational agency; or ``(2) a consortium that includes at least one high-need local educational agency. ``(c) Duration.--Each grant under this section shall be for a period of 3 years. ``(d) Required Activities.--A teacher center receiving assistance under this section shall carry out each of the following activities: ``(1) Providing high-quality professional development to teachers to assist the teachers in improving their knowledge, skills, and teaching practices in order to help students to improve the students' achievement and meet State academic standards. ``(2) Providing teachers with information on developments in curricula, assessments, and educational research, including the manner in which the research and data can be used to improve teaching skills and practice. ``(3) Providing training and support for new teachers. ``(e) Permissible Activities.--A teacher center may use assistance under this section for any of the following: ``(1) Assessing the professional development needs of the teachers and other instructional school employees, such as librarians, counselors, and paraprofessionals, to be served by the center. ``(2) Providing intensive support to staff to improve instruction in literacy, mathematics, science, and other curricular areas necessary to provide a well-rounded education to students. ``(3) Providing support to mentors working with new teachers. ``(4) Providing training in effective instructional services and classroom management strategies for mainstream teachers serving students with disabilities and students with limited English proficiency. ``(5) Enabling teachers to engage in study groups and other collaborative activities and collegial interactions regarding instruction. ``(6) Paying for release time and substitute teachers in order to enable teachers to participate in the activities of the teacher center. ``(7) Creating libraries of professional materials and educational technology. ``(8) Providing high-quality professional development for other instructional staff, such as paraprofessionals, librarians, and counselors. ``(9) Assisting teachers to become highly qualified and paraprofessionals to become teachers. ``(10) Assisting paraprofessionals to meet the requirements of section 1119. ``(11) Developing curricula. ``(12) Incorporating additional on-line professional development resources for participants. ``(13) Providing funding for individual- or group-initiated classroom projects. ``(14) Developing partnerships with businesses and community-based organizations. ``(15) Establishing a teacher center site. ``(f) Teacher Center Policy Board.-- ``(1) In general.--A teacher center receiving assistance under this section shall be operated under the supervision of a teacher center policy board. ``(2) Membership.-- ``(A) Teacher representatives.--The majority of the members of a teacher center policy board shall be representatives of, and selected by, the elementary and secondary school teachers to be served by the teacher center. Such representatives shall be selected through the teacher organization, or if there is no teacher organization, by the teachers directly. ``(B) Other representatives.--The members of a teacher center policy board-- ``(i) shall include at least 2 members who are representatives of, or designated by, the school board of the local educational agency to be served by the teacher center; ``(ii) shall include at least 1 member who is a representative of, and is designated by, the institutions of higher education (with departments or schools of education) located in the area; and ``(iii) may include paraprofessionals. ``(g) Application.-- ``(1) In general.--To seek a grant under this section, an eligible entity shall submit an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Assurance of compliance.--An application under paragraph (1) shall include an assurance that the eligible entity will require any teacher center receiving assistance through the grant to comply with the requirements of this section. ``(3) Teacher center policy board.--An application under paragraph (1) shall include the following: ``(A) An assurance that-- ``(i) the eligible entity has established a teacher center policy board; ``(ii) the board participated fully in the preparation of the application; and ``(iii) the board approved the application as submitted. ``(B) A description of the membership of the board and the method of selection of the membership. ``(h) Definitions.--In this section: ``(1) The term `eligible entity' means a local educational agency or a consortium of 2 or more local educational agencies. ``(2) The term `high-need' means, with respect to an elementary school or a secondary school, a school-- ``(A) that serves an eligible school attendance area (as defined in section 1113) in which not less than 65 percent of the children are from low-income families, based on the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act; or ``(B) in which not less than 65 percent of the children enrolled are from such families. ``(3) The term `high-need local educational agency' means a local educational agency-- ``(A) that serves not fewer than 10,000 children from families with incomes below the poverty line, or for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; and ``(B) that is having or expected to have difficulty filling teacher vacancies or hiring new teachers who are highly qualified. ``(4) The term `teacher center policy board' means a teacher center policy board described in subsection (f). ``(i) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $100,000,000 for fiscal year 2007 and such sums as may be necessary for each of the 5 succeeding fiscal years.''. (b) Conforming Amendment.--The table of contents at section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 2441 of such Act the following new items: ``Part E--Teacher Retention ``Sec. 2501. Improving professional development opportunities.''.
Teacher Center Act of 2006 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to local educational agencies (LEAs) or consortiums of LEAs for the establishment and operation of new teacher centers or the support of existing centers. Requires that special consideration be given to high-need LEAs that serve a specified number or percentage of poor children and face difficulties in recruiting highly qualified teachers. Requires teacher centers established or supported with such funds to provide: (1) high-quality professional development to teachers that will enable them to help students improve their achievement and meet state academic standards; (2) teachers with information on developments in curricula, assessments, and educational research; and (3) training and support for new teachers. Lists other permissible uses of such funds by teacher centers. Conditions a center's receipt of such assistance on its operation under the supervision of a teacher center policy board, the majority of whose members must be representatives of, and selected by, the elementary and secondary school teachers to be served by the center.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Educating Tomorrow's Workforce Act of 2014.''. SEC. 2. DEFINITIONS. Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) is amended-- (1) by redesignating paragraphs (6) through (9), (10) through (23), and (24) through (34), as paragraphs (7) through (10), (12) through (25), and (27) through (37), respectively; (2) by inserting after paragraph (5) the following: ``(6) Career and technical education program of study.--The term `career and technical education program of study' means a coordinated, non-duplicative sequence of secondary and postsecondary academic and technical courses that-- ``(A) incorporate rigorous, State-identified college and career readiness standards, including State-identified career and technical education standards that address both academic and technical contents; ``(B) support attainment of employability and career readiness skills; ``(C) progress in content specificity (by beginning with all aspects of an industry or career cluster and leading to more occupationally specific instruction or by preparing students for ongoing postsecondary career preparation); ``(D) incorporate multiple entry and exit points with portable demonstrations of technical or career competency, which may include credit-transfer agreements or industry-recognized certifications; and ``(E) culminate in the attainment of-- ``(i) an industry-recognized certification, credential, or license; ``(ii) a registered apprenticeship or credit-bearing postsecondary certificate; or ``(iii) an associate or baccalaureate degree.''; (3) by inserting after paragraph (10), as redesignated by paragraph (1), the following: ``(11) Credit-transfer agreement.--The term `credit- transfer agreement' means an opportunity for secondary students to be awarded transcripted postsecondary credit, supported with a formal agreement between secondary and postsecondary education systems, for-- ``(A) technical credit such as dual enrollment, dual credit, or articulated credit, which may include credit by examination or credit by performance on technical assessments; or ``(B) academic credit such as dual enrollment, dual credit, or articulated credit, which may include credit by examination or credit by performance on academic assessments.''; and (4) by inserting after paragraph (25), as redesignated by paragraph (1), the following: ``(26) Registered apprenticeship program.--The term `registered apprenticeship program' means an apprenticeship program-- ``(A) registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and ``(B) that meets such other criteria as may be established by the Secretary under this section.''. SEC. 3. STATE PLAN. Section 122(c)(1) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)) is amended-- (1) by striking subparagraph (A); (2) by redesignating subparagraphs (B) through (L) as subparagraphs (A) through (K), respectively; and (3) in subparagraph (A), as redesignated by paragraph (2), by striking ``the career and technical programs of study described in subparagraph (A)'' and inserting ``career and technical education programs of study, including a description of how the eligible agency will ensure the quality of any program of study culminating in an industry-recognized certificate, credential, or license''. SEC. 4. STATE LEADERSHIP ACTIVITIES. Section 124 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344) is amended-- (1) in subsection (b)(6), by striking ``programs of study, as described in section 122(c)(1)(A)'' and inserting ``education programs of study''; and (2) in subsection (c)-- (A) in paragraph (9), by striking ``, career academies,''; (B) in paragraph (16)(B), by striking ``and'' after the semicolon; (C) in paragraph (17), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(18) support for career academies, which-- ``(A) implement a college and career ready curriculum at the secondary education level that integrates rigorous academic, technical, and employability contents through career and technical education programs of study and high-quality elements, including those described in section 134(b)(7); ``(B) include experiential or work-based learning for secondary school students, in collaboration with local and regional employers; ``(C) include opportunities for secondary school students to earn postsecondary credit while in secondary school, such as through credit transfer agreements including dual enrollment; and ``(D) establish and maintain ongoing partnerships-- ``(i) between the local educational agency, business and industry, and institutions of higher education, or postsecondary vocational institutions (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))); and ``(ii) which may also include local government, such as workforce and economic development entities.''. SEC. 5. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS. Section 134(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2354(b)) is amended-- (1) in paragraph (3)(A), by striking ``programs of study described in section 122(c)(1)(A)'' and inserting ``education programs of study''; and (2) by striking paragraph (7) and inserting the following: ``(7) describe how the eligible recipient will conduct an assessment of local needs related to career and technical education as part of the local plan development process and how such needs assessment will be updated annually in subsequent years of the local plan, including how the needs assessment includes an evaluation of progress toward specific elements leading to high-quality implementation of career and technical education programs of study, including-- ``(A) sustained, intensive, and focused professional development for teachers, principals, administrators, and school counselors on both content and pedagogy that-- ``(i) supports high-quality academic and career and technical education instruction; and ``(ii) ensures local, regional, and State labor market information as applicable is utilized to make informed decisions about program offerings and to advise students of career opportunities and benefits; ``(B) a curriculum aligned with the requirements for a career and technical education program of study; ``(C) teaching and learning strategies focused on the integration of academic and career and technical education content, including supports necessary to implement such strategies; ``(D) ongoing relationships between education, business and industry, and other community stakeholders; ``(E) opportunities for secondary students to earn postsecondary credit while in secondary school, such as through credit transfer agreements including dual enrollment; ``(F) career and technical student organizations, or other activities that promote the development of leadership and employability skills; ``(G) appropriate equipment and technology aligned with business and industry needs; ``(H) a continuum of work-based learning opportunities, such as job shadowing, mentorships, internships, apprenticeships, clinical experiences, service learning experiences, and cooperative education; ``(I) valid and reliable technical skills assessments to measure student achievement, which may include industry-recognized certifications or may lead to other credentials; ``(J) support services to ensure equitable participation for all students; and ``(K) recruitment and retention efforts to ensure highly effective educators, principals, and administrators.''. SEC. 6. LOCAL USES OF FUNDS. Section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``programs of study described in section 122(c)(1)(A)''; and inserting ``education programs of study''; and (B) in paragraph (2), by striking ``career and technical program of study described in section 122(c)(1)(A)'' and inserting ``career and technical education program of study''; and (2) in subsection (c)-- (A) in paragraph (19)-- (i) in subparagraph (C), by striking ``programs of study described in section 122(c)(1)(A)'' and inserting ``education programs of study''; and (ii) in subparagraph (D), by striking ``and'' after the semicolon; (B) in paragraph (20), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(21) to provide support for career academies, as described in section 124(c)(18).''. SEC. 7. CONFORMING AMENDMENTS. Section 113 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323) is amended-- (1) in subsection (b)(4)(C)(ii)(I), by striking ``section 3(29)'' and inserting ``section 3(32)''; and (2) in subsection (c)(2)(A), by striking ``section 3(29)'' and inserting ``section 3(32)''.
Educating Tomorrow's Workforce Act of 2014 - Amends the Carl D. Perkins Career and Technical Education Act of 2006 to revise the requirements for the plan of a state seeking federal assistance for career and technical education programs. Requires the state plan to describe how the eligible state agency will ensure the quality of any program of study culminating in an industry-recognized certificate, credential, or license. Requires state agency leadership activities to support career academies which: implement a college and career ready curriculum at the secondary education level integrating rigorous academic, technical, and employability contents; include experiential or work-based learning for secondary school students, in collaboration with local and regional employers; include opportunities for secondary school students to earn postsecondary credit while in secondary school; and establish and maintain ongoing partnerships between the local educational agency, business and industry, and institutions of higher education, or postsecondary vocational institutions, including local government. Requires the local plan for career and technical education programs to describe: (1) how the eligible recipient of assistance will assess local needs related to career and technical education as part of the local plan development process, and (2) how this needs assessment will be updated annually, especially on progress toward specific elements leading to high-quality implementation of career and technical education programs of study. Authorizes the local use of funds for improving such programs to support career academies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Handgun Injury Prevention Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) In the 10 years from 1987 through 1996, nearly 2,200 children in the United States who were 14 years of age or younger died from unintentional shootings, and in 1996 alone, 138 children were shot and killed unintentionally, which is an average of 11 children every month, or 1 child every third day, according to the National Center for Health Statistics. (2) The United States leads the industrialized world in the rates of children lost to unintentional firearms-related deaths. A 1997 study from the Centers for Disease Control and Prevention found that for unintentional firearms-related deaths for children under the age of 15, the rate in the United States was 9 times greater than in 25 other industrialized countries combined. (3) While the number of unintentional deaths from firearms is an unacceptable toll on the children of the United States, nearly 8 times that number are treated annually in hospital emergency rooms in the United States for nonfatal unintentional gunshot wounds, according to an article in the June 12, 1996, issue of the Journal of the American Medical Association. (4) In the June 12, 1987, issue of the Journal of the American Medical Association, a study of unintentional firearms deaths among children in California found that unintentional gunshot wounds most often involve handguns. (5) A study in the December 1995 issue of the Archives of Pediatric and Adolescent Medicine found that children as young as 3 years old are strong enough to fire most commercially available handguns. The study found that 25 percent of 3- to 4- year-olds and 70 percent of 5- to 6-year-olds had sufficient finger strength to fire 59 (or 92 percent) of the 64 commonly available handguns examined in the study. (6) Currently, firearms are the only products manufactured in the United States that are not subject to minimum safety standards. (7) A 1997 public opinion poll conducted by the National Opinion Research Center at the University of Chicago in conjunction with the Johns Hopkins Center for Gun Policy and Research found that 74 percent of the people of the United States support safety regulation of the firearms industry. (8) Firearms, their component parts, and safety locks designed to prevent firearms from accidentally discharging, all move in interstate commerce. (9) Many currently available trigger locks and other similar devices are inadequate to prevent the accidental discharge of the firearms to which they are attached, or to prevent children from gaining access to the firearms. SEC. 3. REGULATION OF HANDGUN DISCHARGE PROTECTION PRODUCTS. (a) General Authority.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall prescribe such regulations governing the design, manufacture, and performance of, and commerce in, handgun discharge protection products, as are necessary to reduce or prevent unreasonable risk of injury to children from the unintentional discharge of handguns. (b) Minimum Safety Standard.--The regulations required by subsection (a) shall, at a minimum, set forth a minimum safety standard that a handgun discharge protection product must meet in order to be manufactured, sold, transferred, or delivered consistent with this Act. In developing the standard, the Secretary shall give appropriate consideration to handgun discharge protection products that are not detachable, but are permanently installed and incorporated into the design of a handgun. The standard shall include provisions to ensure that any handgun discharge protection product that meets the standard is of adequate quality and construction to prevent children from operating a handgun, and to ensure that such a product cannot be removed from a handgun except through the use of a key, combination, or other method of access made possible by the manufacturer of the product. (c) Use of Poison Packaging Prevention Standards Test Protocols.-- In developing the standard required by subsection (b), the Secretary shall consider using test protocols described in section 1700.20 of title 16, Code of Federal Regulations, (in effect as of January 1, 1998), related to poison prevention packaging standards. (d) Deadline for Issuance of Standard.--Within 12 months after the date of the enactment of this Act, the Secretary shall issue in final form the standard required by subsection (b). (e) Effective Date of Standard.--The standard issued under subsection (b) shall take effect 6 months after the date of issuance. SEC. 4. ORDERS; INSPECTIONS. (a) In General.--The Secretary may issue an order prohibiting the manufacture, sale, transfer, or delivery of a handgun discharge protection product which the Secretary finds has been designed, or has been or is intended to be manufactured, transferred, or distributed in violation of this Act or a regulation prescribed under this Act. (b) Authority To Require the Recall, Repair, or Replacement of, or the Provision of Refunds.--The Secretary may issue an order requiring the manufacturer of, and any dealer in, a handgun discharge protection product which the Secretary finds has been designed, manufactured, transferred, or delivered in violation of this Act or a regulation prescribed under this Act, to-- (1) provide notice of the risks associated with the product, and of how to avoid or reduce the risks, to-- (A) the public; (B) in the case of the manufacturer of the product, each dealer in the product; and (C) in the case of a dealer in the product, the manufacturer of the product and the other persons known to the dealer as dealers in the product; (2) bring the product into conformity with the regulations prescribed under this Act; (3) repair the product; (4) replace the product with a like or equivalent product which is in compliance with such regulations; (5) refund the purchase price of the product, or, if the product is more than 1 year old, a lesser amount based on the value of the product after reasonable use; (6) recall the product from the stream of commerce; or (7) submit to the Secretary a satisfactory plan for implementation of any action required under this subsection. (c) Inspections.--In order to ascertain compliance with this Act and the regulations and orders issued under this Act, the Secretary may, at reasonable times-- (1) enter any place in which handgun discharge protection products are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the products are manufactured, stored, or held; and (2) enter and inspect any conveyance being used to transport for commercial purposes a handgun discharge protection product. SEC. 5. UNLAWFUL ACTS. (a) In General.--Beginning 30 days after a final standard issued under section 3(b) takes effect, it shall be unlawful-- (1) for any licensed manufacturer or licensed importer to sell, transfer, or deliver to any person any handgun without a handgun discharge protection product that meets the standard; and (2) for any licensed dealer to sell, transfer, or deliver to any person any handgun without the handgun discharge protection product supplied to the dealer by the licensed manufacturer or importer. (b) Exception.--Subsection (a) shall not apply to the sale, transfer, or delivery of a handgun to a department or agency of the Federal Government or of any State government or political subdivision of a State. SEC. 6. WARNING LABELS FOR HANDGUNS. (a) Inclusion of Warning Labels In Handgun Packaging.-- (1) In general.--A licensed manufacturer, licensed importer, or licensed dealer shall not sell, transfer, or deliver a handgun with accompanying packaging or other descriptive materials, unless the warning label described in paragraph (2) is displayed on the principal display panel of the packaging and on the materials. (2) Warning label.-- (A) Content.--The warning label referred to in paragraph (1) is a label that, in conspicuous and legible type, contains the following statement: <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> ``Children are attracted to and can operate handguns, which can cause severe injuries or death. ``Prevent child access by always keeping handguns locked away and unloaded.''. (B) Appearance.--The statement required by subparagraph (A) shall, by typography, layout, or color, be in contrast with other printed matter on the package or descriptive materials, in a manner similar to that described in section 1500.121 of title 16, Code of Federal Regulations (in effect as of January 1, 1998). (b) Affixation of Warning Label to Handgun Transferred Without Packaging.--A licensed manufacturer, licensed importer, or licensed dealer shall not sell, transfer, or deliver a handgun without accompanying packaging or other descriptive materials, unless the label described in subsection (a)(2)(A) is affixed to the handgun by a method to be prescribed by rule by the Secretary. (c) Effective Date.--This section shall take effect 60 days after the date of the enactment of this Act. SEC. 7. REPORTING REQUIREMENTS. Each licensed manufacturer, licensed importer, and licensed dealer shall report to the Secretary any information obtained by the manufacturer, importer, or dealer which reasonably supports the conclusion that-- (1) a child has suffered an unintentional or self-inflicted gunshot wound inflicted through the use of a handgun that was sold, transferred, or delivered by the manufacturer, importer, or dealer after the effective date of this Act; and (2) as a result, the individual died, suffered serious injury, or was treated for an injury by a medical professional. SEC. 8. ENFORCEMENT. (a) Civil Penalties.--The Secretary may assess a civil money penalty not to exceed $10,000 for each violation of this Act. (b) Revocation of Federal Firearms License.--Section 923(e) of title 18, United States Code, is amended by inserting after the 2nd sentence the following: ``The Secretary may, after notice and opportunity for hearing, revoke any license issued under this section if the holder of the license violates any provision of the Child Handgun Injury Prevention Act or any rule or regulation prescribed under such Act.''. (c) Private Cause of Action.-- (1) In general.--Any person aggrieved by any violation of this Act or of any regulation prescribed or order issued under this Act by another person may bring an action against such other person in any United States district court for damages, including consequential damages. In any action under this subsection, the court, in its discretion, may award to a prevailing plaintiff a reasonable attorney's fee as part of the costs. (2) Rule of interpretation.--The remedy provided for in paragraph (1) shall be in addition to any other remedy provided by common law or under Federal or State law. (d) Private Enforcement of This Act.--Any interested person may bring an action in any United States district court to enforce this Act, or restrain any violation of this Act or of any regulation prescribed or order issued under this Act. In any action under this subsection, the court, in its discretion, may award to a prevailing plaintiff a reasonable attorney's fee as part of the costs. (e) Effect on Private Remedies.-- (1) Irrelevancy of compliance with this act.--Compliance with this Act or any order issued or regulation prescribed under this Act shall not relieve any person from liability to any person under common law or State statutory law. (2) Irrelevancy of failure to take action under this act.-- The failure of the Secretary to take any action authorized under this Act shall not be admissible in litigation relating to the product under common law or State statutory law. (f) Criminal Penalties.--Any person who has received from the Secretary a notice that the person has violated a provision of this Act or of a regulation prescribed under this Act with respect to a handgun discharge protection product, and who subsequently knowingly violates such provision with respect to the product shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. SEC. 9. NO EFFECT ON STATE LAW. This Act does not annul, alter, impair, or affect, or exempt any person subject to the provisions of this Act from complying with, any provision of the law of any State or any political subdivision thereof, except to the extent that such provisions of State law are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. A provision of State law is not inconsistent with this Act if such provision affords greater protection to children in respect of handguns than is afforded by this Act. SEC. 10. DEFINITIONS. In this Act: (1) The term ``handgun discharge protection product'' means any device (including a handgun) that is designed, manufactured, or represented in commerce, as useful in protecting children from injury from the unintentional discharge of a handgun. (2) The term ``children'' means individuals who have not attained 18 years of age. (3) The terms ``licensed importer'', ``licensed manufacturer'', ``licensed dealer'', ``Secretary'', and ``handgun'' have the meanings given in paragraphs (9), (10), (11), (18), and (29), respectively, of section 921(a) of title 18, United States Code.
Child Handgun Injury Prevention Act - Directs the Secretary of the Treasury to prescribe regulations governing the design, manufacture, performance of, and commerce in, handgun discharge protection products to reduce or prevent unreasonable risk of injury to children from the unintentional discharge of handguns. Requires a minimum safety standard that ensures that such a product: (1) is of adequate quality and construction to prevent children from operating a handgun; and (2) cannot be removed except through the use of a key, combination, or other method of access made possible by the manufacturer. Directs the Secretary to: (1) consider products that are not detachable but are permanently installed and incorporated into the design of a handgun; and (2) consider using test protocols relating to poison prevention packaging standards.Authorizes the Secretary to: (1) require the manufacturer to recall, repair, replace, or provide refunds with respect to, a handgun discharge protection device which has been designed, manufactured, transferred, or delivered in violation of this Act; and (2) make inspections to ascertain compliance.Prohibits: (1) a licensed manufacturer or importer from selling, transferring, or delivering to any person any handgun without a product that meets the standard; and (2) a licensed dealer from selling, transferring, or delivering to any person any handgun without the product supplied to the dealer by the licensed manufacturer or importer. Makes exceptions for Federal, state, and local governments.Requires warning labels for handguns. Provides for enforcement of this Act through civil penalties, firearms license revocation, a private right of action, and criminal penalties.Allows State law to afford greater protection to children regarding handguns than is afforded by this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Teenage Pregnancy Reduction Act of 1997''. SEC. 2. EVALUATION OF EFFECTIVE PROGRAMS FOR PREVENTION OF ADOLESCENT PREGNANCY. (a) In General.--The Secretary of Health and Human Services shall (directly or through grants or contracts awarded to public or nonprofit private entities) arrange for the evaluation of a wide variety of existing programs designed in whole or part to prevent pregnancy in adolescents, including programs that do not receive grants from the Federal Government for the operation of the programs. The purpose of the evaluation shall be the determination of-- (1) the effectiveness of such programs in reducing adolescent pregnancy; (2) the factors contributing to the effectiveness of the programs; and (3) the feasibility of replicating the programs in other locations. (b) Participation of Federal Agencies and Private Organizations.-- In carrying out the evaluation under subsection (a), the Secretary shall as appropriate-- (1) provide for the participation of the Director of the Centers for Disease Control and Prevention, the Director of the Office of Population Affairs, the Assistant Secretary for Children and Families, and the Director of the National Institute of Child Health and Human Development; and (2) provide for the participation of organizations with demonstrated expertise in conducting evaluations of adolescent pregnancy prevention programs, including the National Campaign to Prevent Teen Pregnancy, a nonpartisan organization. (c) Design of Evaluation.--Subject to subsection (d), the Secretary shall select a design for the evaluation under subsection (a) from among proposals that-- (1) provide for the evaluation of programs in various geographic regions; (2) with respect to the populations served by the programs, provide for determining factors that are specific to various socioeconomic, racial, ethnic, and age groups, and factors that are specific to gender; and (3) meet such other criteria as the Secretary may establish. (d) Measures of Effectiveness.--The Secretary shall define the measures of effectiveness used in evaluating the programs designed to reduce the rate of adolescent pregnancy, and shall include a variety of measures of effectiveness in the definition. (e) Scientific Peer Review.--The Secretary may provide funds for an evaluation pursuant to subsection (a) only if the evaluation has been recommended for approval pursuant to a process of scientific peer review utilizing one or more panels of experts. Such panels shall include experts from public entities and from private entities. (f) Submission of Report to Congress and Secretary.--Not later than December 1, 2002, the evaluation under subsection (a) shall be completed and a report shall be submitted to the Congress that describes the findings made in the evaluation and provides recommendations for future programs designed to reduce the rate of adolescent pregnancy. (g) Dissemination of Information.--After the submission of the report under subsection (f), the Secretary shall disseminate the findings and recommendations presented in the report. The categories of individuals to whom the information is disseminated shall include administrators of prevention programs, public and private entities providing financial support to such programs, organizations working on such programs, professional medical associations, entities providing public health services, entities providing social work services, and school administrators. (h) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $3,500,000 for each of the fiscal years 1998 through 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2003. SEC. 3. ONE-TIME INCENTIVE GRANTS FOR EFFECTIVE PREVENTION PROGRAMS. (a) In General.--In the case of a prevention program that pursuant to the evaluation under section 2 has been found to be effective, the Secretary may under this section make not more than one grant to the entity that operates the program. The purpose of the grant shall be to assist the entity with the expenses of operating the program. (b) Authorization of Appropriations.--For carrying out subsection (a), there is authorized to be appropriated $10,000,000, in the aggregate, for the fiscal years 2002 through 2004. Such authorization is in addition to any other authorization of appropriations that is available for making grants for the operational expenses of prevention programs. SEC. 4. DEFINITIONS. (a) Prevention Programs.-- (1) Rule of construction.--The provisions of this Act apply with respect to a prevention program without regard to which of the various programmatic approaches for the prevention of pregnancy in adolescents (as defined in paragraph (2)) is the focus of the program. (2) Programmatic approaches.--For purposes of this Act, the term ``programmatic approaches'', with respect to prevention programs, includes advocating abstinence from sexual activity; providing family planning services (including contraception); fostering academic achievement; mentoring by adults; providing employment assistance or job training; providing professional counseling or peer counseling; providing for recreational or social events; and any combination thereof. (b) Other Definitions.--For purposes of this Act: (1) The term ``prevention program'' means a program for the prevention of pregnancy in adolescents. (2) The term ``Secretary'' means the Secretary of Health and Human Services.
Teenage Pregnancy Reduction Act of 1997 - Mandates evaluation (directly or through grants or contracts) of a wide variety of existing promising programs to prevent adolescent pregnancy, including programs that do not receive Federal grants. Mandates scientific peer review of evaluation proposals. Authorizes appropriations. Authorizes appropriations. Authorizes an operating grant to a program found (by the evaluation under this Act) to be effective. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Clinical Research Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Strong academic health centers are essential to a vigorous clinical research enterprise. (2) Breakthroughs in basic biomedical sciences over the past 5 decades have provided an unprecedented supply of information for improving human health and preventing disease. (3) Translating the information gained through these basic discoveries into knowledge that will impact clinical practice and ultimately human health requires strong clinical research institutions. (4) Without a sound infrastructure to accomplish this translation in a systematic and coherent way, the sum of data and information produced by the basic science enterprise will not result in tangible public benefit. (5) The clinical research environment is increasingly encumbered by facility decay, incompatible databases, shortage of qualified investigators, rising costs, inadequate funding, and mounting unreimbursed regulatory burdens such as human subject research protections and additional record-keeping requirements under the Health Insurance Portability and Accountability Act of 1996. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Institutes of Health. (2) Eligible academic health center.--The term ``eligible academic health center'' means-- (A) an academic institution that receives an annual average of not less than $20,000,000 in grant funds from the Department of Defense, the Department of Veterans Affairs, and the Department of Health and Human Services for basic, applied, or clinical biomedical or behavioral research in the fields of dentistry, medicine, and nursing; or (B) a consortium of such academic institutions. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. CLINICAL RESEARCH SUPPORT GRANTS. (a) Authorization.--For the purposes described in subsection (b), the Director shall award a clinical research support grant in the amount determined under subsection (c) to each eligible academic health center that submits an application in accordance with this section. (b) Purpose.--A funding agreement for a grant under this section is that the eligible academic health center involved will use the grant only for the following purposes: (1) To defray the costs of unfunded Federal requirements for the protection of human research subjects, including the costs of complying with the Health Insurance Portability and Accountability Act of 1996 (Pub. Law 104-191) and maintaining institutional review boards. (2) To support activities leading to innovative ways to meet the requirements described in paragraph (1) in an efficient and cost effective manner. (c) Allocation.--Of the amount appropriated to carry out this section for a fiscal year, the Director shall allocate such appropriated amount among the eligible academic health centers receiving a grant under this section in an amount that bears the same relation to such appropriated amount as the investment in clinical research of the grantee involved bears to the total investment in clinical research of all grantees under this section. (d) Applications.--To be eligible for a grant under this section, an eligible academic health center shall submit an application to the Director in such manner, at such time, and containing such information and assurances as the Director may require. (e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $40,000,000 for each of the fiscal years 2005 through 2009. SEC. 5. CLINICAL RESEARCH INFRASTRUCTURE GRANTS. (a) Authorization.--The Director may award clinical research infrastructure grants on a competitive basis to eligible academic health centers. (b) Use of Funds.--The Director may not award a grant to an eligible academic health center under this section unless the center agrees to use the grant only for the following: (1) Infrastructure that is necessary to facilitate the transfer of new understandings of disease mechanisms gained in the laboratory into the development of new methodologies for diagnosis, therapy, and prevention. (2) The initial testing of human subjects. (3) Addressing the many obstacles impeding the expeditious application of new science, such as-- (A) a lack of up-to-date information technology systems; (B) incompatible databases; (C) the need for training and mentoring required for increasing the supply of qualified clinical investigators; and (D) a shortage of willing participants. (c) Applications.--To be eligible for a grant under this section, an eligible academic health center shall submit an application to the Director in such manner, at such time, and containing such information and assurances as the Director may require. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $125,000,000 for each of fiscal years 2005 through 2009. SEC. 6. DEMONSTRATION PROGRAM ON PARTNERSHIPS IN CLINICAL RESEARCH. (a) Grants.--The Secretary may award grants to not more than 5 eligible academic health centers to form partnerships between the center involved and health care providers for carrying out clinical human subject research for the purpose of demonstrating how academic research centers may collaborate with the practicing health care community in such research. (b) Maximum Amount.--The Secretary may not award a grant to any eligible academic health center under this section in an amount that is greater than $5,000,000. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for the period of fiscal years 2005 through 2009.
Clinical Research Act of 2004 - Requires the Director of the National Institutes of Health to award clinical research support grants to eligible academic health centers to: (1) defray the costs of unfunded Federal requirements for the protection of human research costs; and (2) support activities leading to innovative ways to meets such requirements in an efficient and cost-effective manner. Requires that health centers receive a proportionate share of the total grant money awarded based on the amount invested by the grantee in clinical research compared to the total clinical research investment of all grantees. Allows the Director to award clinical research infrastructure grants to eligible academic health centers for: (1) necessary infrastructure to facilitate the transfer of new understandings of disease mechanisms gained in the laboratory into the development of new methodologies for diagnosis, therapy, and prevention; (2) the initial testing of human subjects; and (3) addressing obstacles impeding the expeditious application of new science, including a lack of up-to-date information technology systems and a shortage of willing participants. Allows the Secretary of Health and Human Services to make up to five grants to eligible academic health centers to form partnerships between the centers involved and health care providers for carrying out clinical human subject research to demonstrate how academic research centers may collaborate with the practicing health care community in such research.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Advanced Technologies for Efficient Resource Use Act of 2015''. SEC. 2. WATERSENSE. (a) In General.--There is established within the Environmental Protection Agency a WaterSense program to identify and promote water efficient products, buildings and landscapes, and services in order-- (1) to reduce water use; (2) to reduce the strain on water, wastewater, and stormwater infrastructure; (3) to conserve energy used to pump, heat, transport, and treat water; and (4) to preserve water resources for future generations, through voluntary labeling of, or other forms of communications about, products, buildings and landscapes, and services that meet the highest water efficiency and performance standards. (b) Duties.--The Administrator of the Environmental Protection Agency shall-- (1) promote WaterSense labeled products, buildings and landscapes, and services in the market place as the preferred technologies and services for-- (A) reducing water use; and (B) ensuring product and service performance; (2) work to enhance public awareness of the WaterSense label through public outreach, education, water recycling and reuse technology research and development, and other means; (3) establish and maintain performance standards so that products, buildings and landscapes, and services labeled with the WaterSense label perform as well or better than their less efficient counterparts; (4) publicize the importance of proper installation of WaterSense plumbing products by a WaterSense-certified or, if WaterSense certification guidelines do not exist, licensed plumber or mechanical contractor, and the installation, maintenance, and audit of WaterSense irrigation systems by a WaterSense-certified irrigation professional to ensure optimal performance; (5) preserve the integrity of the WaterSense label; (6) regularly review and, when appropriate, update WaterSense criteria for categories of products, buildings and landscapes, and services, at least once every four years; (7) to the maximum extent practicable, regularly collect and make available to the public summary data on the production and relative market shares of WaterSense labeled products, buildings and landscapes, and services, at least annually; (8) to the maximum extent practicable, regularly estimate and make available to the public the water and energy savings attributable to the use of WaterSense labeled products, buildings and landscapes, and services, at least annually; (9) solicit comments from interested parties and the public prior to establishing or revising a WaterSense category, specification, installation criterion, or other criterion (or prior to effective dates for any such category, specification, installation criterion, or other criterion); (10) provide reasonable notice to interested parties and the public of any changes (including effective dates), on the adoption of a new or revised category, specification, installation criterion, or other criterion, along with-- (A) an explanation of changes; and (B) as appropriate, responses to comments submitted by interested parties; (11) provide appropriate lead time (as determined by the Administrator) prior to the applicable effective date for a new or significant revision to a category, specification, installation criterion, or other criterion, taking into account the timing requirements of the manufacturing, marketing, training, and distribution process for the specific product, building and landscape, or service category addressed; and (12) identify and, where appropriate, implement other voluntary approaches, such as labeling waterless devices that perform the same function as a water consuming product or encouraging reuse, reclamation, and recycling technologies, in commercial, institutional, residential, municipal, and industrial sectors to improve water efficiency or lower water use while meeting the performance standards established under paragraph (3). (c) Authorization of Appropriations.--There are authorized to be appropriated $7,500,000 for fiscal year 2016, $10,000,000 for fiscal year 2017, $20,000,000 for fiscal year 2018, and $50,000,000 for fiscal year 2019 and each year thereafter, adjusted for inflation, to carry out this section. SEC. 3. FEDERAL PROCUREMENT OF WATER EFFICIENT PRODUCTS. (a) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term in section 7902(a) of title 5, United States Code. (2) Watersense product or service.--The term ``WaterSense product or service'' means a product or service that is rated for water efficiency under the WaterSense program. (3) Watersense program.--The term ``WaterSense program'' means the program established by section 2 of this Act. (4) FEMP designated product.--The term ``FEMP designated product'' means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for efficiency. (5) Product and service.--The terms ``product'' and ``service'' do not include any water consuming product or service designed or procured for combat or combat-related missions. The terms also exclude products or services already covered by the Federal procurement regulations established under section 553 of the National Energy Conservation Policy Act (42 U.S.C. 8259b). (b) Procurement of Water Efficient Products.-- (1) Requirement.--To meet the requirements of an agency for a water consuming product or service, the head of the agency shall, except as provided in paragraph (2), procure-- (A) a WaterSense product or service; or (B) a FEMP designated product. A WaterSense plumbing product should preferably, when possible, be installed by a WaterSense-certified or, if WaterSense certification guidelines do not exist, licensed plumber or mechanical contractor, and a WaterSense irrigation system should preferably, when possible, be installed, maintained, and audited by a WaterSense-certified irrigation professional to ensure optimal performance. (2) Exceptions.--The head of an agency is not required to procure a WaterSense product or service or FEMP designated product under paragraph (1) if the head of the agency finds in writing that-- (A) a WaterSense product or service or FEMP designated product is not cost-effective over the life of the product, taking current and future energy, water, and wastewater cost savings into account; or (B) no WaterSense product or service or FEMP designated product is reasonably available that meets the functional requirements of the agency. (3) Procurement planning.--The head of an agency shall incorporate into the specifications for all procurements involving water consuming products and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of water consuming products and systems, and into the factors for the evaluation of offers received for the procurement, criteria used for rating WaterSense products and services and FEMP designated products. The head of an agency shall consider, to the maximum extent practicable, additional measures for reducing agency water consumption, including water reuse, reclamation, and recycling technologies, leak detection and repair, and use of waterless products that perform similar functions to existing water-consuming products. (c) Listing of Water Efficient Products in Federal Catalogs.-- WaterSense products and services and FEMP designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency. The General Services Administration and the Defense Logistics Agency shall supply only WaterSense products or FEMP designated products for all product categories covered by the WaterSense program or the Federal Energy Management Program, except in cases where the agency ordering a product specifies in writing that no WaterSense product or FEMP designated product is available to meet the buyer's functional requirements, or that no WaterSense product or FEMP designated product is cost-effective for the intended application over the life of the product, taking energy, water, and wastewater cost savings into account. (d) Regulations.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall issue regulations to carry out this section. SEC. 4. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Eligible entity.--The term ``eligible entity'' means a State government, local or county government, tribal government, wastewater or sewage utility, municipal water authority, energy utility, water utility, or nonprofit organization that meets the requirements of subsection (b). (3) Incentive program.--The term ``incentive program'' means a program for administering financial incentives for consumer purchase and installation of residential water efficient products and services as described in subsection (b)(1). (4) Residential water efficient product or service.-- (A) In general.--The term ``residential water efficient product or service'' means a product or service for a single-family or multifamily residence or its landscape that is rated for water efficiency and performance-- (i) by the WaterSense program; or (ii) by an incentive program and approved by the Administrator. Categories of water efficient products and services may include faucets, irrigation technologies and services, point-of-use water treatment devices, reuse, reclamation, and recycling technologies, toilets, and showerheads. (B) Third-party certification.--A product shall not be treated as a residential water efficient product until after the product-- (i) is tested by an accredited third-party certifying body or laboratory in accordance with the WaterSense program; (ii) is certified by such body or laboratory as meeting the performance and efficiency requirements of such program; and (iii) is authorized by such program to use its label. (5) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) Watersense program.--The term ``WaterSense program'' means the program established by section 2 of this Act. (b) Eligible Entities.--An entity shall be eligible to receive an allocation under subsection (c) if the entity-- (1) establishes (or has established) an incentive program to provide rebates, vouchers, other financial incentives, or direct installs to consumers for the purchase and installation of residential water efficient products or services; (2) submits an application for the allocation at such time, in such form, and containing such information as the Administrator may require; and (3) provides assurances satisfactory to the Administrator that the entity will use the allocation to supplement, but not supplant, funds made available to carry out the incentive program. (c) Amount of Allocations.--For each fiscal year, the Administrator shall determine the amount to allocate to each eligible entity to carry out subsection (d) taking into consideration-- (1) the population served by the eligible entity in the most recent calendar year for which data are available; (2) the targeted population of the eligible entity's incentive program, such as general households, low-income households, or first-time homeowners, and the probable effectiveness of the incentive program for that population; (3) for existing programs, the effectiveness of the incentive program in encouraging the adoption of water efficient products and services; and (4) any prior year's allocation to the eligible entity that remains unused. (d) Use of Allocated Funds.--Funds allocated to an entity under subsection (c) may be used to pay up to 50 percent of the cost of establishing and carrying out an incentive program. (e) Fixture Recycling.--Entities are encouraged to promote or implement fixture recycling programs to manage the disposal of older fixtures replaced due to the incentive program under this section. (f) Issuance of Rebates.--Financial incentives may be provided to consumers that meet the requirements of the incentive program. The entity may issue all financial incentives directly to consumers or, with approval of the Administrator, delegate some or all financial incentive administration to other organizations including, but not limited to, local governments, municipal water authorities, and water utilities. The amount of a financial incentive shall be determined by the entity, taking into consideration-- (1) the amount of the allocation to the entity under subsection (c); (2) the amount of any Federal, State, or other organization's tax or financial incentive available for the purchase of the residential water efficient product or service; (3) the amount necessary to change consumer behavior to purchase water efficient products and services; and (4) the consumer expenditures for onsite preparation, assembly, and original installation of the product. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section $50,000,000 for fiscal year 2016, $100,000,000 for fiscal year 2017, $150,000,000 for fiscal year 2018, $100,000,000 for fiscal year 2019, and $50,000,000 for fiscal year 2020. SEC. 5. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: ``SEC. 139F. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS. ``(a) In General.--In the case of an individual, gross income does not include any amount received under an incentive program under section 4 of the Water Advanced Technologies for Efficient Resource Use Act of 2015. ``(b) Denial of Double Benefit.--Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any amount which was provided with respect to such expenditure. The adjusted basis of any property shall be reduced by the amount excluded under subsection (a) which was provided with respect to such property.''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: ``Sec. 139F. Early adopter water efficient products incentive programs.''. (c) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act.
Water Advanced Technologies for Efficient Resource Use Act of 2015 This bill codifies the Environmental Protection Agency's (EPA) WaterSense program, which identifies, labels, and promotes water efficient products, buildings, landscapes, and services. This bill also establishes a program to provide financial incentives for consumers to purchase and install residential water efficient products and services labeled under the WaterSense program. In order to meet procurement requirements for a water consuming product or service, federal agencies must purchase a WaterSense product or service, or a Federal Energy Management Program designated product. Agencies do not have to procure those products or services if they are not cost-effective, or not reasonably available. The bill amends the Internal Revenue Code to exclude from the gross income of individual taxpayers any amount received under an incentive program for the purchase and installation of residential water efficient products and services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Congress Act of 1995''. SEC. 2. BAN ON CONTRIBUTIONS TO CANDIDATES IN ELECTIONS FOR FEDERAL OFFICE BY PERSONS OTHER THAN INDIVIDUALS AND POLITICAL PARTY COMMITTEES. 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: ``ban on contributions to candidates by persons other than individuals and political party committees ``Sec. 323. Notwithstanding any other provision of this Act, no person other than an individual or a political committee of a political party may make contributions to any candidate and the authorized political committees of such candidate with respect to any election for Federal office.''. SEC. 3. CONGRESSIONAL ELECTION BAN ON CONTRIBUTIONS FROM PERSONS OTHER THAN POLITICAL PARTY COMMITTEES AND IN-STATE 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)(1) A candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress may not accept contributions from persons other than political committees of political parties and in-State individual residents. ``(2) As used in this subsection, the term `in-State individual resident' means an individual who resides in the State in which the election is held.''. SEC. 4. ELIMINATION OF MULTICANDIDATE POLITICAL COMMITTEES AS A SEPARATE CATEGORY OF POLITICAL COMMITTEE FOR CONTRIBUTION LIMITATION PURPOSES. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended-- (1) by striking out paragraph (2); (2) by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively; (3) in the first sentence of paragraph (3), as so redesignated by paragraph (2) of this section, by striking out ``paragraphs (1) and (2)'' and inserting in lieu thereof ``paragraph (1)''; (4) by striking out the second sentence of paragraph (3), as so redesignated by paragraph (2) of this section; (5) in paragraph (4), as so redesignated by paragraph (2) of this section, by striking out ``paragraph (2)'' each place it appears; and (6) in paragraph (5), as so redesignated by paragraph (2) of this section, by striking out ``paragraphs (1) and (2)'' and inserting in lieu thereof ``paragraph (1)''. SEC. 5. LIMITATION ON PERSONAL LOANS BY CANDIDATES FOR FEDERAL OFFICE TO THEIR CAMPAIGNS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 2, is further amended by adding at the end the following new subsection: ``(j) A candidate for Federal office may not, with respect to an election, make personal loans to the authorized committees of the candidate that total more than $5,000.''. SEC. 6. EXTENSION OF BAN ON FRANKED MASS MAILINGS BY MEMBERS OF CONGRESS FROM 60 DAYS TO 90 DAYS BEFORE AN ELECTION. Section 3210(a)(6)(A) and section 3210(a)(6)(C) of title 39, United States Code, are each amended by striking out ``60 days'' each place it appears and inserting in lieu thereof ``90 days''. SEC. 7. EXTENSION OF ANNUAL LIMITATION ON CONTRIBUTIONS TO ALL PERSONS OTHER THAN POLITICAL PARTY COMMITTEES. The first sentence of section 315(a)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended by striking out ``individual'' and inserting in lieu thereof ``person, other than a political committee of a political party,''. SEC. 8. BAN ON GIFTS TO MEMBERS, OFFICERS, AND EMPLOYEES OF THE HOUSE OF REPRESENTATIVES. (a) In General.--Clause 4 of rule XLIII of the Rules of the House of Representatives is amended to read as follows: ``4. (a)(1) No Member, officer, or employee may accept a gift, whether made directly or indirectly, from anyone. ``(2) For purposes of this rule, the following are not defined gifts subject to the prohibition in subparagraph (1): ``(A) Gifts from a relative, including a fiancee. ``(B) A gift given by an individual which is motivated by a personal friendship rather than the position of the Member, officer, or employee. In determining if a gift is motivated by a personal friendship, the history of the relationship shall be considered and whether the gift giver personally paid for the gift. If the gift exceeds $250, the Committee on Standards of Official Conduct must grant a waiver. ``(C) Gifts of personal hospitality from an individual, not a corporation or organization, for a non-business purpose on facilities owned by that individual or the individual's family. ``(D) Anything for which the recipient pays the market value or does not use and promptly returns to the donor. ``(E) Items of little intrinsic value. ``(F) Bequests, inheritances, and other transfers at death. ``(G) Political contributions as defined by the Federal Election Commission and otherwise reported as required by law. ``(H) Food, lodging, transportation, and entertainment provided on an official basis by Federal, State, and local governments or political subdivisions thereof. ``(I) Informational materials sent to a Member's office, including newspapers, magazines and other periodicals, books, audio tapes, videotapes, and other forms of communication. ``(J) Nonmonetary awards, trophies, mementos, or honorary degrees presented to a Member, officer, or employee. ``(K) Consumable products provided to a Member's office by a home-State business which are primarily intended for consumption by persons other than the Member or staff. ``(L) Awards and prizes given to competitors in contests or events open to the public, including random drawings. ``(M) Opportunities and benefits which are available to the public or to Federal employees. ``(N) Opportunities and benefits offered to members of a group or class in which membership is unrelated to congressional employment. ``(O) Opportunities and benefits based on outside business or employment activities which it is clear that such opportunities and benefits have not been offered or enhanced because of a Member's, officer's, or employee's official status. ``(b)(1) No Member, officer, or employee may accept payment or reimbursement for meals or entertainment. ``(2) For purposes of this rule, the following are not meals or entertainment subject to the prohibition in subparagraph (1): ``(A) Meals and entertainment provided by a relative, including a fiancee. ``(B) Meals or entertainment or both from a friend, given under circumstances which make it clear that the meal or entertainment is provided based on a personal friendship rather than the position of the Member, officer, or employee. Relevant factors in making such a determination include the history of the relationship and whether the friend personally pays for the meal or entertainment. ``(C) Meals, food, and entertainment provided at widely attended gatherings, including conventions, charity events, conferences, symposiums, retreats, dinners, receptions, viewings, or similar events if the meals, food, and entertainment are not solicited by the Member, officer, or employee. ``(c) No Member, officer, or employee may accept payment or reimbursement for travel expenses (including associated transportation, lodging, or entertainment) from anyone (including a foreign government in a foreign country) unless such travel expenses were paid by a relative or personal friend.''. (b) Sanction.--Clause 4(e)(1)(B) of rule X of the Rules of the House of Representatives is amended by inserting before the semicolon the following: ``except that if a Member, officer, or employee violated clause 4 of rule XLIII, such Member, officer, or employee shall be subject to disciplinary action by the committee, including a fine of a value not less than the value of the gift, meals, food, and entertainment, or travel expenses received in violation of such clause and of a value not to exceed three times the value of such gift, meals, food, and entertainment, or travel expenses''.
Clean Congress Act of 1995 - Amends the Federal Election Campaign Act of 1971 to prohibit contributions to candidates for Federal office by persons other than individuals or political party committees. (Sec. 3) Prohibits congressional candidates from accepting contributions from persons other than political party committees or in-State individual residents. (Sec. 4) Eliminates multicandidate political committees as a separate political committee category for contribution limitation purposes. (Sec. 5) Limits personal loans by candidates for Federal office to their campaigns to $5000. (Sec. 6) Extends the ban on franked mass mailings by Members of Congress to 90 days before an election. (Sec. 7) Extends the annual contribution limitation to all persons other than political party committees. (Sec. 8) Establishes a ban on gifts to members, officers, and employees of the House of Representatives. Sets forth exceptions to such prohibition.
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of Disapproval.-- (1) In general.--Notwithstanding any other provision of this section, a certification described in subsection (a) shall not have any effect if, within 15 calendar days after the date on which Congress receives the certification, there is enacted into law a joint resolution disapproving the certification. (2) Contents of joint resolution.--For the purpose of this subsection, the term ``joint resolution'' means only a joint resolution-- (A) that is introduced not later than 3 calendar days after the date on which a certification described in subsection (a) is received by Congress; (B) which does not have a preamble; (C) the title of which is as follows: ``Joint resolution disapproving the certification of the President described in section 3(a) of the Syrian Refugee Verification and Safety Act''; and (D) the matter after the resolving clause of which is as follows: ``That Congress disapproves the certification of the President described in section 3(a) of the Syrian Refugee Verification and Safety Act.''. (3) Fast track consideration in house of representatives.-- (A) Reconvening.--Upon receipt of a certification described in subsection (a), the Speaker of the House of Representatives, if the House of Representatives would otherwise be adjourned, shall notify the Members of the House that, pursuant to this subsection, the House shall convene not later than the second calendar day after receipt of such certification. (B) Reporting and discharge.--Any committee of the House of Representatives to which a joint resolution described in paragraph (2) is referred shall report it to the House not later than 5 calendar days after the date of receipt of the certification described in subsection (a). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. (C) Proceeding to consideration.--After each committee authorized to consider a joint resolution reports it to the House or has been discharged from its consideration, it shall be in order, not later than the sixth day after Congress receives the certification described in subsection (a), to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (D) Consideration.--The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (4) Fast track consideration in senate.-- (A) Reconvening.--Upon receipt of a certification described in subsection (a), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this subsection, the Senate shall convene not later than the second calendar day after receipt of the certification. (B) Placement on calendar.--Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. (C) Floor consideration.-- (i) In general.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the 4th day after the date on which Congress receives a certification described in subsection (a) and ending on the 6th day after the date on which Congress receives a certification described in subsection (a) (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. (D) Debate.--Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (E) Vote on passage.--The vote on passage shall occur immediately following the conclusion of the debate on a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (F) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. (5) Rules relating to senate and house of representatives.-- (A) Coordination with action by other house.--If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply: (i) The joint resolution of the other House shall not be referred to a committee. (ii) With respect to a joint resolution of the House receiving the resolution-- (I) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (II) the vote on passage shall be on the joint resolution of the other House. (B) Treatment of joint resolution of other house.-- If one House fails to introduce or consider a joint resolution under this subsection, the joint resolution of the other House shall be entitled to expedited floor procedures under this subsection. (C) Treatment of companion measures.--If, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (D) Veto debate and duration.--If the President vetoes the joint resolution, debate on a veto message in the Senate under this subsection shall be 1 hour equally divided between the majority and minority leaders or their designees. (6) Rules of house of representatives and senate.--This paragraph and paragraphs (3), (4), and (5) are enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
Syrian Refugee Verification and Safety Act This bill declares that: (1) no alien who is a refugee because of the conflict in Syria (covered alien) may be admitted to the United States as a refugee, (2) no funds may be expended to process refugee applications for covered aliens, and (3) no funds may be expended by the Department of State or the Department of Health and Human Services to resettle covered aliens in the United States. These restrictions shall remain in effect until 30 days after the President certifies to Congress regarding: protocols and interagency coordination to adjudicate such U.S. admissions and resettlement; evaluation and review of such protocols and coordination by the Inspector General of the Intelligence Community; State Department submission to Congress of an updated Congressional Presentation Document of the Bureau of Population, Refugees, and Migration for Fiscal Year 2016 that reflects security or other risks posed by covered aliens; and a State Department briefing to Congress on the increase in covered aliens seeking refugee admission and so admitted, including information on any terrorist conduct. This certification: (1) may not be submitted to Congress before 270 days, and (2) shall not have any effect if Congress enacts into law a joint resolution of disapproval within 15 days.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Northwest Straits Marine Conservation Initiative Reauthorization and Expansion Act of 2008''. SEC. 2. EXPANSION OF NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE ACT. The Northwest Straits Marine Conservation Initiative Act (title IV of Public Law 105-384; 112 Stat. 3458) is amended-- (1) in section 402, by striking ``(in this title referred to as the `Commission')''; and (2) by striking sections 403, 404, and 405 and inserting the following: ``SEC. 403. FINDINGS. ``Congress makes the following findings: ``(1) The marine waters and ecosystem of the Northwest Straits in Puget Sound in the State of Washington represent a unique resource of enormous environmental and economic value to the people of the United States. ``(2) During the 20th century, the environmental health of the Northwest Straits declined dramatically as indicated by impaired water quality, declines in marine wildlife, collapse of harvestable marine species, loss of critical marine habitats, ocean acidification, and sea level rise. ``(3) At the start of the 21st century, the Northwest Straits have been threatened by sea level rise, ocean acidification, and other effects of climate change. ``(4) In 1998, the Northwest Straits Marine Conservation Initiative Act (title IV of Public Law 105-384) was enacted to tap the unprecedented level of citizen stewardship demonstrated in the Northwest Straits and create a mechanism to mobilize public support and raise capacity for local efforts to protect and restore the ecosystem of the Northwest Straits. ``SEC. 404. DEFINITIONS. ``In this title: ``(1) Commission.--The term `Commission' means the Northwest Straits Advisory Commission established by section 402. ``(2) Indian tribe.--The term `Indian tribe' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(3) Northwest straits.--The term `Northwest Straits' means the marine waters of the Strait of Juan de Fuca and of Puget Sound from the Canadian border to the south end of Snohomish County. ``SEC. 405. MEMBERSHIP OF THE COMMISSION. ``(a) Composition.--The Commission shall be composed of up to 14 members who shall be appointed as follows: ``(1) One member appointed by a consensus of the members of a marine resources committee established under section 408 for each of the following counties of the State of Washington: ``(A) San Juan County. ``(B) Island County. ``(C) Skagit County. ``(D) Whatcom County. ``(E) Snohomish County. ``(F) Clallam County. ``(G) Jefferson County. ``(2) Two members appointed by the Secretary of the Interior in trust capacity and in consultation with the Northwest Indian Fisheries Commission or the Indian tribes affected by this title collectively, as the Secretary of the Interior considers appropriate, to represent the interests of such tribes. ``(3) One member appointed by the Governor of the State of Washington to represent the interests of the Puget Sound Partnership. ``(4) Four members appointed by the Governor of the State of Washington who-- ``(A) are residents of the State of Washington; and ``(B) are not employed by a Federal, State, or local government. ``(b) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. ``(c) Chairperson.--The Commission shall select a Chairperson from among its members. ``(d) Meeting.--The Commission shall meet at the call of the Chairperson, but not less frequently than quarterly. ``SEC. 406. GOAL AND DUTIES OF THE COMMISSION. ``(a) Goal.--The goal of the Commission is to protect and restore the marine waters, habitats, and species of the Northwest Straits region to achieve ecosystem health and sustainable resource use by-- ``(1) designing and initiating projects that are driven by sound science, local priorities, community-based decisions, and the ability to measure results; ``(2) building awareness and stewardship and making recommendations to improve the health of the Northwest Straits marine resources; ``(3) maintaining and expanding diverse membership and partner organizations; ``(4) expanding partnerships with governments of Indian tribes and continuing to foster respect for tribal cultures and treaties; and ``(5) recognizing the importance of economic and social benefits that are dependent on marine environments and sustainable marine resources. ``(b) Duties.--The duties of the Commission are the following: ``(1) To provide resources and technical support for marine resources committees established under section 408. ``(2) To work with such marine resources committees and appropriate entities of Federal and State governments and Indian tribes to develop programs to monitor the overall health of the marine ecosystem of the Northwest Straits. ``(3) To identify factors adversely affecting or preventing the restoration of the health of the marine ecosystem and coastal economies of the Northwest Straits. ``(4) To develop scientifically sound restoration and protection recommendations, informed by local priorities, that address such factors. ``(5) To assist in facilitating the successful implementation of such recommendations by developing broad support among appropriate authorities, stakeholder groups, and local communities. ``(6) To develop and implement regional projects based on such recommendations to protect and restore the Northwest Straits ecosystem. ``(7) To serve as a public forum for the discussion of policies made by a Federal, State, or local government, an Indian tribe, or the Government of Canada and actions with respect to the marine ecosystem of the Northwest Straits. ``(8) To inform appropriate authorities and local communities about the marine ecosystem of the Northwest Straits and about issues relating to the marine ecosystem of the Northwest Straits. ``(9) To consult with all affected Indian tribes in the region of the Northwest Straits to ensure that the work of the Commission does not violate tribal treaty rights. ``(c) Benchmarks.--The Commission shall carry out its duties in a manner that promotes the achieving of the benchmarks described in subsection (f)(2). ``(d) Coordination and Collaboration.--The Commission shall carry out the duties described in subsection (b) in coordination and collaboration, when appropriate, with Federal, State, and local governments and Indian tribes. ``(e) Regulatory Authority.--The Commission shall have no power to issue regulations. ``(f) Annual Report.-- ``(1) In general.--Each year, the Commission shall prepare, submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Under Secretary for Oceans and Atmosphere, and make available to the public an annual report describing-- ``(A) the activities carried out by the Commission during the preceding year; and ``(B) the progress of the Commission in achieving the benchmarks described in paragraph (2). ``(2) Benchmarks.--The benchmarks described in this paragraph are the following: ``(A) Protection and restoration of marine, coastal, and nearshore habitats. ``(B) Prevention of loss and achievement of a net gain of healthy habitat areas. ``(C) Protection and restoration of marine populations to healthy, sustainable levels. ``(D) Protection of the marine water quality of the Northwest Straits region and restoration of the health of marine waters. ``(E) Collection of high-quality data and promotion of the use and dissemination of such data. ``(F) Promotion of stewardship and understanding of Northwest Straits marine resources through education and outreach. ``SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE MATTERS. ``(a) Director.--The Manager of the Shorelands and Environmental Assistance Program of the Department of Ecology of the State of Washington may, upon the recommendation of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve, appoint and terminate a Director of the Commission. The employment of the Director shall be subject to confirmation by the Commission. ``(b) Staff.--The Director may hire such other personnel as may be appropriate to enable the Commission to perform its duties. Such personnel shall be hired through the personnel system of the Department of Ecology of the State of Washington. ``(c) Administrative Service.--If the Governor of the State of Washington makes available to the Commission the administrative services of the State of Washington Department of Ecology and Padilla Bay National Estuarine Research Reserve, the Commission shall use such services for employment, procurement, grant and fiscal management, and support services necessary to carry out the duties of the Commission. ``SEC. 408. MARINE RESOURCES COMMITTEES. ``(a) In General.--The government of each of the counties referred to in subparagraph (A) through (G) of section 405(a)(1) may establish a marine resources committee that-- ``(1) complies with the requirements of this section; and ``(2) receives from such government the mission, direction, expert assistance, and financial resources necessary-- ``(A) to address issues affecting the marine ecosystems within its county; and ``(B) to work to achieve the benchmarks described in section 406(f)(2). ``(b) Membership.-- ``(1) In general.--Each marine resources committee established pursuant to this section shall be composed of-- ``(A) members with relevant scientific expertise; and ``(B) members that represent balanced representation, including representation of-- ``(i) local governments, including planning staff from counties and cities with marine shorelines; ``(ii) affected economic interests, such as ports and commercial fishers; ``(iii) affected recreational interests, such as sport fishers; and ``(iv) conservation and environmental interests. ``(2) Tribal members.--With respect to a county referred to in subparagraph (A) through (G) of section 405(a)(1), each Indian tribe with usual and accustomed fishing rights in the waters of such county and each Indian tribe with reservation lands in such county, may appoint one member to the marine resources committee for such county. Such member may be appointed by the respective tribal authority. ``(3) Chairperson.-- ``(A) In general.--Each marine resources committee established pursuant to this section shall select a chairperson from among members by a majority vote of the members of the committee. ``(B) Rotating position.--Each marine resources committee established pursuant to this section shall select a new chairperson at a frequency determined by the county charter of the marine resources committee to create a diversity of representation in the leadership of the marine resources committee. ``(c) Duties.--The duties of a marine resources committee established pursuant to this section are the following: ``(1) To assist in assessing marine resource problems in concert with governmental agencies, tribes, and other entities. ``(2) To assist in identifying local implications, needs, and strategies associated with the recovery of Puget Sound salmon and other species in the region of the Northwest Straits listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in coordination with Federal, State, and local governments, Indian tribes, and other entities. ``(3) To work with other entities to enhance the scientific baseline and monitoring program for the marine environment of the Northwest Straits. ``(4) To identify local priorities for marine resource conservation and develop new projects to address those needs. ``(5) To work closely with county leadership to implement local marine conservation and restoration initiatives. ``(6) To coordinate with the Commission on marine ecosystem objectives. ``(7) To educate the public and key constituencies regarding the relationship between healthy marine habitats, harvestable resources, and human activities. ``SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION. ``(a) Establishment.--The Director of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve may enter into an agreement with an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 to establish a nonprofit foundation to support the Commission and the marine resources committees established under section 408 in carrying out their duties under this Act. ``(b) Designation.--The foundation authorized by subsection (a) shall be known as the `Northwest Straits Marine Conservation Foundation'. ``(c) Receipt of Grants.--The Northwest Straits Marine Conservation Foundation may, if eligible, apply for, accept, and use grants awarded by Federal agencies, States, local governments, regional agencies, interstate agencies, corporations, foundations, or other persons to assist the Commission and the marine resources committees in carrying out their duties under this Act. ``(d) Transfer of Funds.--The Northwest Straits Marine Conservation Foundation may transfer funds to the Commission or the marine resources committees to assist them in carrying out their duties under this Act. ``SEC. 410. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Under Secretary for Oceans and Atmosphere to support the Commission in carrying out its duties and administrative functions under this title-- ``(1) $2,250,000 for each of the fiscal years 2009 through 2011; and ``(2) $2,500,000 for each of fiscal years 2012 and 2013.''.
Northwest Straits Marine Conservation Initiative Reauthorization and Expansion Act of 2008 - Amends the Northwest Straits Marine Conservation Initiative Act to: (1) set forth the membership of the Northwest Straits Advisory Commission; (2) state the goal of the Commission as the protection and restoration of the marine waters, habitats, and species of the Northwest Straits region in the state of Washington to achieve ecosystem health and sustainable resource use; and (3) enumerate the duties of the Commission and establish benchmarks for its work. Provides for the appointment of a Director of the Commission and the establishment of marine resources committees in specified counties of the state of Washington. Authorizes the Director of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve to establish the Northwest Straits Marine Conservation Foundation as a nonprofit foundation to support the Commission and the marine resources committees established by this Act. Authorizes appropriations for the Commission.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Physicians' Incentives Act of 1993''. SEC. 2. DEDUCTION FOR MEDICAL SCHOOL EDUCATION LOAN INTEREST INCURRED BY DOCTORS SERVING IN MEDICALLY UNDERSERVED RURAL AREAS. (a) In General.--Paragraph (1) of section 163(h) of the Internal Revenue Code of 1986 (relating to disallowance of deduction for personal interest) is amended by striking ``and'' at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: ``(E) any qualified medical education loan interest (within the meaning of paragraph (5)), and''. (b) Qualified Medical Education Loan Interest Defined.--Subsection (h) of section 163 of such Code is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Qualified medical education loan interest.-- ``(A) In general.--The term `qualified medical education loan interest' means interest-- ``(i) which is on a medical education loan of a physician, ``(ii) which is paid or accrued by such physician, and ``(iii) which accrues during the period-- ``(I) such physician is providing primary care (including internal medicine, pediatrics, obstetrics/ gynecology, family medicine, and osteopathy) to residents of a medically underserved rural area, and ``(II) such physician's principal place of abode is in such area. ``(B) Medical education loan.--The term `medical education loan' means indebtedness incurred to pay the individual's-- ``(i) qualified tuition and related expenses (as defined in section 117(b)) incurred for the medical education of such individual, or ``(ii) reasonable living expenses while away from home in order to attend an educational institution described in section 170(b)(1)(A)(ii) for the medical education of such individual. ``(C) Physician.--For purposes of subparagraph (A), the term `physician' has the meaning given such term by section 1861(r)(1) of the Social Security Act. ``(D) Medically underserved rural area.--The term `medically underserved rural area' means any rural area which is a medically underserved area (as defined in section 330(b) or 1302(7) of the Public Health Service Act).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. ELIMINATION OF MEDICARE PAYMENT REDUCTIONS FOR NEW DOCTORS FOR SERVICES FURNISHED IN ANY RURAL AREA. (a) In General.--Section 1848(a)(4) of the Social Security Act (42 U.S.C. 1395w-4(a)(4)) is amended-- (1) by striking ``or services'' and inserting ``, services'', and (2) by inserting before the period at the end the following: ``, or services furnished in a rural area (as so defined) by (or under the supervision, or incidental to services, of) a physician described in section 1861(r)(1)''. (b) Effective Date.--The amendments made by subsection (a) shall apply to services furnished after 1993. SEC. 4. EXTENSION OF DEFERMENTS. (a) Stafford Loans.-- (1) GSL loans.--Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended-- (A) by striking ``or'' at the end of clause (ii); (B) by inserting ``or'' after the semicolon at the end of clause (iii); and (C) by adding at the end thereof the following new clause: ``(iv) during which the borrower is serving in an internship or residency program in preparation for practice in an area of primary care (including internal medicine, pediatrics, obstetrics/gynecology, family medicine, and osteopathy);''. (2) FISL loans.--Section 427(a)(2)(C) of such Act (20 U.S.C. 1077(a)(2)(C)) is amended-- (A) by striking ``or'' at the end of clause (ii); (B) by inserting ``or'' after the semicolon at the end of clause (iii); and (C) by adding at the end thereof the following new clause: ``(iv) during which the borrower is serving in an internship or residency program in preparation for practice in an area of primary care (including internal medicine, pediatrics, obstetrics/gynecology, family medicine, and osteopathy);''. (b) Perkins Loans.--Section 464(c)(2)(A) of such Act (20 U.S.C. 1087dd(c)(2)(A)) is amended-- (1) by striking ``or'' at the end of clause (iii); (2) by inserting ``or'' after the semicolon at the end of clause (iv); and (3) by adding at the end thereof the following new clause: ``(v) during which the borrower is serving in an internship or residency program in preparation for practice in an area of primary care (including internal medicine, pediatrics, obstetrics/gynecology, family medicine, and osteopathy);''. (c) Effective Date.--The amendments made by this section shall apply to on and after the date of the enactment of this Act with respect to loans made under the Higher Education Act of 1965 before, on, or after that date. SEC. 5. CLARIFICATION OF PERMISSIBLE SUBSTITUTE BILLING ARRANGEMENTS FOR PHYSICIANS' SERVICES UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Medicare Program.-- (1) In general.--Clause (D) of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended to read as follows: ``(D)(i) payment may be made to a physician for physicians' services (and services incident to such services) to be provided by a second physician on a reciprocal basis to individuals who are patients of the first physician if (I) the first physician is unavailable to provide the services, (II) the services are not provided by the second physician over a continuous period of longer than 60 days, and (III) the claim form submitted to the carrier includes the second physician's unique identifier (provided under the system established under subsection (r)) and indicates that the claim meets the requirements of this clause for payment to the first physician; and (ii) payment may be made to a physician for physicians' services (and services incident to such services) which that physician pays a second physician on a per diem or other fee- for-time basis to provide to individuals who are patients of the first physician if (I) the first physician is unavailable to provide the services, (II) the services are not provided by the second physician over a continuous period of longer than 90 days (or such longer period as the Secretary may provide), and (III) the claim form submitted to the carrier includes the second physician's unique identifier (provided under the system established under subsection (r)) and indicates that the claim meets the requirements of this clause for payment to the first physician''. (2) Effective date.--The amendment made by paragraph (1) shall apply to services furnished on or after the first day of the first month beginning more than 60 days after the date of the enactment of this Act. (b) Medicaid Program.-- (1) In general.--Section 1902(a)(32)(C) of the Social Security Act (42 U.S.C. 1396a(a)(32)(C)) is amended to read as follows: ``(C) payment may be made to a physician for services furnished by a substitute physician under the circumstances described in subparagraph (D) of section 1842(b)(6), except that, for purposes of this subparagraph, any reference in such subparagraph to `a carrier' or `the system established under subsection (r)' is deemed a reference to the State (or other fiscal agent under the State plan) and to the system established under subsection (x) of this section, respectively.''. (2) Effective date.--(A) The amendment made by paragraph (1) shall apply to services furnished on or after the date of the enactment of this Act. (B) Until the first day of the first calendar quarter beginning more than 60 days after the date the Secretary of Health and Human Services establishes the physician identifier system under section 1902(x) of the Social Security Act, the requirement under section 1902(a)(32)(C) of such Act that a claim form submitted must include the second physician's unique identifier is deemed to be satisfied if the claim form identifies (in a manner specified by the Secretary of Health and Human Services) the second physician.
Rural Physicians' Incentives Act of 1993 - Amends the Internal Revenue Code to allow a deduction on medical education loan interest of a physician which accrues while the physician is living in and providing primary care to residents of a medically underserved rural area. Amends title XVIII (Medicare) of the Social Security Act to exempt services furnished in a rural area from a special fee schedule applicable to new physicians. Amends the Higher Education Act of 1965 to extend beyond the normal two-year limit, for borrowers serving an internship or residency program in preparation for practice in an area of primary care, the deferral of payments on: (1) insured student loans (Stafford Loans), including those eligible for interest subsidies; and (2) low-interest student loans (Perkins Loans). Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to modify provisions setting forth requirements concerning billing by one physician for services rendered by another physician in specified circumstances.
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SECTION 1. TECHNICAL CORRECTIONS TO TITLE 17, UNITED STATES CODE. (a) Exemption of Certain Performances and Displays on Exclusive Rights.--Section 110(5) of title 17, United States Code, is amended-- (1) by striking ``(A) a direct charge'' and inserting ``(i) a direct charge''; and (2) by striking ``(B) the transmission'' and inserting ``(ii) the transmission''. (b) Ephemeral Recordings.--Section 112(e) of title 17, United States Code, is amended-- (1) by redesignating paragraphs (3) through (10) as paragraphs (2) through (9), respectively; (2) in paragraph (3), as so redesignated, by striking ``(2)'' and inserting ``(1)''; (3) in paragraph (4), as so redesignated-- (A) by striking ``(3)'' and inserting ``(2)''; (B) by striking ``(4)'' and inserting ``(3)''; (C) by striking ``(6)'' and inserting ``(5)''; and (D) by striking ``(3) and (4)'' and inserting ``(2) and (3)''; and (4) in paragraph (6), as so redesignated-- (A) by striking ``(4)'' each place it appears and inserting ``(3)''; and (B) by striking ``(5)'' each place it appears and inserting ``(4)''. (c) Determination of Reasonable License Fees for Individual Proprietors.--Chapter 5 of title 17, United States Code, is amended-- (1) by redesignating the section 512 entitled ``Determination of reasonable license fees for individual proprietors'' as section 513 and placing such section after the section 512 entitled ``Limitations on liability relating to material online''; and (2) in the table of sections at the beginning of that chapter by striking ``512. Determination of reasonable license fees for individual proprietors.'' and inserting ``513. Determination of reasonable license fees for individual proprietors.'' and placing that item after the item entitled ``512. Limitations on liability relating to material online.''. (d) Online Copyright Infringement Liability.--Section 512 of title 17, United States Code, is amended-- (1) in subsection (e)-- (A) by amending the caption to read as follows: ``(e) Limitation on Liability of Nonprofit Educational Institutions.--''; and (B) in paragraph (2), by striking ``Injunctions.--''; and (2) in paragraph (3) of subsection (j), by amending the caption to read as follows: ``(3) Notice and ex parte orders.--''. (e) Integrity of Copyright Management Information.--Section 1202(e)(2)(B) of title 17, United States Code, is amended by striking ``category or works'' and inserting ``category of works''. (f) Protection of Designs.--(1) Section 1302(5) of title 17, United States Code, is amended by striking ``1 year'' and inserting ``2 years''. (2) Section 1320(c) of title 17, United States Code, is amended in the subsection caption by striking ``Acknowledgement'' and inserting ``Acknowledgment''. (g) Miscellaneous Clerical Amendments.-- (1) Section 101 of title 17, United States Code, is amended-- (A) by transferring and inserting the definition of ``United States work'' after the definition of ``United States''; and (B) in the definition of ``proprietor'', by striking ``A `proprietor''' and inserting ``For purposes of section 513, a `proprietor'''. (2) Section 106 of title 17, United States Code, is amended by striking ``120'' and inserting ``121''. (3) Section 118(e) of title 17, United States Code, is amended-- (A) by striking ``subsection (b).'' and all that follows through ``Owners'' and inserting ``subsection (b). Owners''; and (B) by striking paragraph (2). (4) Section 119(a)(8)(C)(ii) of title 17, United States Code, is amended by striking ``network's station'' and inserting ``network station's''. (5) Section 501(a) of title 17, United States Code, is amended by striking ``118'' and inserting ``121''. (6) Section 511(a) of title 17, United States Code, is amended by striking ``119'' and inserting ``121''. SEC. 2. OTHER TECHNICAL CORRECTIONS. (a) Clerical Amendment to Title 28, U.S.C.--The section heading for section 1400 of title 28, United States Code, is amended to read as follows: ``Sec. 1400. Patents and copyrights, mask works, and designs''. (b) Elimination of Conflicting Provision.--Section 5316 of title 5, United States Code, is amended by striking ``Commissioner of Patents, Department of Commerce.''. (c) Clerical Correction to Title 35, U.S.C.--Section 3(d) of title 35, United States Code, is amended by striking ``, United States Code''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Makes technical amendments to Federal copyright law. Revises the denial of copyright protection for a design embodied in a useful article made public by the designer or owner in the United States or a foreign country more than a certain period of time before the date of the application for copyright registration, to increase from one year to two years such period of time before registration application and consequent copyright denial.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Partners Next Door Act of 2005''. SEC. 2. COMMUNITY PARTNERS NEXT DOOR ACT. (a) Discount and Downpayment Assistance for Teachers and Public Safety Officers.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; and (2) by inserting after paragraph (6) the following new paragraph: ``(7) 50 percent discount for teachers and public safety officers purchasing properties that are eligible assets.-- ``(A) Discount.--A property that is an eligible asset and is sold, during fiscal years 2006 through 2010, to a teacher or public safety officer for use in accordance with subparagraph (B) shall be sold at a price that is equal to 50 percent of the appraised value of the eligible property (as determined in accordance with paragraph (6)(B)). In the case of a property eligible for both a discount under this paragraph and a discount under paragraph (6), the discount under paragraph (6) shall not apply. ``(B) Primary residence.--An eligible property sold pursuant to a discount under this paragraph shall be used, for not less than the 3-year period beginning upon such sale, as the primary residence of a teacher or public safety officer. ``(C) Sale methods.--The Secretary may sell an eligible property pursuant to a discount under this paragraph-- ``(i) to a unit of general local government or nonprofit organization (pursuant to paragraph (4) or otherwise), for resale or transfer to a teacher or public safety officer; or ``(ii) directly to a purchaser who is a teacher or public safety officer. ``(D) Resale.--In the case of any purchase by a unit of general local government or nonprofit organization of an eligible property sold at a discounted price under this paragraph, the sale agreement under paragraph (8) shall-- ``(i) require the purchasing unit of general local government or nonprofit organization to provide the full benefit of the discount to the teacher or public safety officer obtaining the property; and ``(ii) in the case of a purchase involving multiple eligible assets, any of which is such an eligible property, designate the specific eligible property or properties to be subject to the requirements of subparagraph (B). ``(E) Mortgage downpayment assistance.--If a teacher or public safety officer purchases an eligible property pursuant to a discounted sale price under this paragraph and finances such purchase through a mortgage insured under this title, notwithstanding any provision of section 203 the downpayment on such mortgage shall be $100. ``(F) Prevention of undue profit.--The Secretary shall issue regulations to prevent undue profit from the resale of eligible properties in violation of the requirement under subparagraph (B). ``(G) Definitions.--For the purposes of this paragraph, the following definitions shall apply: ``(i) The term `eligible property' means an eligible asset described in paragraph (2)(A) of this subsection. ``(ii) The term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). ``(iii) The term `teacher' means an individual who is employed on a part- or full- time basis as a teacher, teacher assistant, or administrator in a public or private school that provides elementary or secondary education, as determined under State law, except that elementary education shall include pre-Kindergarten education, and except that secondary education shall not include any education beyond grade 12. ``(H) Program integrity.--Notwithstanding any other provision of this paragraph, the Secretary may suspend the applicability of this paragraph for such period as the Secretary considers appropriate if the Secretary determines such suspension is necessary because of fraud or other issues regarding program integrity.''. (b) Conforming Amendments.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) in paragraph (4)(B)(ii), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; (2) in paragraph (5)(B)(i), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; and (3) in paragraph (6)(A), by striking ``paragraph (8)'' and inserting ``paragraph (9)''. (c) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the amendments made by this section.
Community Partners Next Door Act of 2005 - Amends the National Housing Act to provide: (1) a 50% discount for teachers, teacher assistants, administrators, and public safety officers purchasing (FY2006-FY2010) certain eligible asset properties for use as their primary residence; and (2) a $100 downpayment on any related insured mortgage. Authorizes such sales directly to a qualifying individual or to a unit of local government or a nonprofit organization for resale to such individual.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``NEO Preparedness Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Asteroid and comet collisions rank as one of the most costly natural disasters that can occur. (2) According to the October 2007 report to Congress by the National Aeronautics and Space Administration (in this Act referred to as ``NASA''), 140-meter-in-diameter asteroid collision will generate the equivalent power of a 100 megaton TNT explosion. (3) There are approximately 100,000 near-Earth objects 140 meters wide or larger. (4) The time needed to eliminate or mitigate the threat of a collision of a potentially hazardous near-Earth object with Earth is measured in decades. (5) Unlike earthquakes and hurricanes, asteroids and comets can provide adequate collision information, enabling the United States to include both asteroid- and comet-collision disaster recovery and disaster avoidance in its public-safety structure. (6) Basic information is needed for technical and policy decisionmaking for the United States to create a comprehensive program in order to be ready to eliminate and mitigate the serious and credible threats to humankind posed by potentially hazardous near-Earth asteroids and comets. (7) As a first step to eliminate and to mitigate the risk of such collisions, situation and decision-analysis processes, as well as procedures and system resources, must be in place well before a collision threat becomes known. (8) Without establishing such processes, procedures, and resources, the full range of options to eliminate and to mitigate the risk of such collisions is restricted or even lost. (9) The public safety of the United States and the planet requires the competence and expertise found in NASA to prepare and to validate the potentially hazardous near-Earth object deflection situation and decisionmaking analysis, as well as to select systems and procedures, to prepare the United States for readiness to avoid or to mitigate collisions with potentially hazardous near-Earth objects. SEC. 3. DEFINITIONS. As used in this Act-- (1) ``potentially hazardous near-Earth object'' means an asteroid or comet with a trajectory that passes less than 0.05 Astronomical Units from Earth's orbit; (2) ``Administrator'' means the Administrator of NASA; (3) ``adequate-warning'' refers to a time period starting from the time that the near-Earth object is considered potentially haradous to the predicted time of possible collision, which allows the full range of readiness options to be implemented; (4) ``short-warning'' refers to a time period that allows only limited options to be implemented; and (5) ``comet'' means near-Earth or short-warning comets. SEC. 4. ESTABLISHMENT OF THE OFFICE OF POTENTIALLY HARADOUS NEAR-EARTH OBJECTS, IDENTIFICATION OF SITUATION- AND DECISION- ANALYSIS FACTORS, AND SELECTION OF PROCEDURES AND SYSTEMS. (a) Establishment.--The Administrator shall establish the Office of Potentially Hazardous Near-Earth Object Preparedness (in this Act referred to as ``Office''). The purpose of the Office shall be to prepare the United States for readiness to avoid and to mitigate collisions with potentially hazardous near-Earth objects in collaboration with other Agencies through the identification of situation- and decision-analysis factors and selection of procedures and systems. (b) Identification of Situation- and Decision-Analysis Factors.-- The Office shall identify situation- and decision-analysis factors, in collaboration with other Agencies, by determining-- (1) the needed objective technical and nontechnical criteria upon which to analyze potentially hazardous near-Earth object collision information and to base key threat elimination-decisions and options; (2) the implications of such decisions and options; (3) the human skills needed to make key threat elimination- decisions and the preparation required for individuals making such decisions; (4) the factors needed to formulate key techical and policy questions involving such decisions; (5) methods for determining and sequencing the minimum possible time periods needed to make such decisions; (6) a model deflection and mitigation decision logic flow, including provisions for minimizing-- (A) human exposure, (B) energy, cost, and time, and (C) the risk of return of potentially hazardous near-Earth objects; and (7) additional critical information needs, technological developments, public confidence building initiatives, and any other needs involving the threat of collisons of potentially hazardous near-Earth objects with Earth. (c) Selection of Procedures and Systems.--The Office shall select procedures and systems by-- (1) surveying the existing deflection proposals and examining each proposal for critical elements including capability, suitability, feasibility, cost, cost effectiveness, required human and capital resources, and maturity of needed key technologies; (2) with the results from subsection (a) and input from other appropriate sources, performing an architectural tradeoff assessment and selecting a set of deflection proposals as primary procedures and systems that will provide the best opportunities for deflection-preparation, taking into account adequate- and short-warning collision timelines, as well as relevant asteroid and comet characteristics; (3) for each selected primary procedure and system-- (A) identifying the best backup; (B) defining the steps needed to realize immature key technologies; (C) developing preliminary models; (D) performing a predicted results error-analysis in order to confirm the characteristics described in subsection (a); (E) projecting time to readiness; (F) formulating an implementation phase to achieve full deflection readiness; (G) establishing implementation timelines with measurable interim goals, and steps to transfer the procedure and system resources to the implementation phase; and (H) identifying the crucial policy decisions needed for implemention; and (4) indicating possible coordination with other Agencies to facilitate such activities. SEC. 5. REPORTS. The Administrator shall submit to the Congress the following reports: (1) Not later than 1 year after the date of enactment of this Act, an interim report that summarizes a preliminary result of the activities of the Office carried out under sections 4(b) and 4(c)(1)-(2). (2) Not later than 2 years after the date of enactment of this Act, a concluding report that summarizes all activities of the Office carried out under section 4. SEC. 6. NASA ADVISORY COUNSEL. The Administrator shall convene the NASA Advisory Council-- (1) not later than 90 days after submitting the interim report required by section 5(1), to provide the Administrator with advice for the concluding report; and (2) not later than 90 days after submitting concluding report required by section 5(2), to provide the Administrator with advice for subsequent activities under section 4.
NEO Preparedness Act - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish an Office of Potentially Hazardous Near-Earth Object Preparedness, to prepare the United States for readiness to avoid and to mitigate collisions with potentially hazardous near-Earth objects in collaboration with other agencies through the identification of situation-and-decision-analysis factors and the selection of procedures and systems. Requires submission of interim and concluding reports that summarize the results of the activities of the Office carried out under this Act to identify situation- and decision-analysis factors and to select procedures and systems for such purposes. Requires the Administrator of NASA to convene a NASA Advisory Council to provide the Administrator with advice for the concluding report and for subsequent identification and selection activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Hospice Benefit Amendments of 1996''. SEC. 2. HOSPICE CARE BENEFIT PERIODS. (a) Restructuring of Benefit Period.--Section 1812 of the Social Security Act (42 U.S.C. 1395d) is amended in subsections (a)(4) and (d)(1), by striking ``, a subsequent period of 30 days, and a subsequent extension period'' and inserting ``and an unlimited number of subsequent periods of 60 days each''. (b) Conforming Amendments.--(1) Section 1812 of such Act (42 U.S.C. 1395d) is amended in subsection (d)(2)(B) by striking ``90- or 30-day period or a subsequent extension period'' and inserting ``90-day period or a subsequent 60-day period''. (2) Section 1814(a)(7)(A) of such Act (42 U.S.C. 1395f(a)(7)(A)) is amended-- (A) in clause (i), by inserting ``and'' at the end; (B) in clause (ii)-- (i) by striking ``30-day'' and inserting ``60- day''; and (ii) by striking ``and'' at the end and inserting a period; and (C) by striking clause (iii). SEC. 3. AMBULANCE SERVICES, DIAGNOSTIC TESTS, CHEMOTHERAPY SERVICES, AND RADIATION THERAPY SERVICES INCLUDED IN HOSPICE CARE. Section 1861(dd)(1) of the Social Security Act (42 U.S.C. 1395x(dd)(1)) is amended-- (1) in subparagraph (E), by inserting ``anticancer chemotherapeutic agents and other'' before ``drugs''; (2) in subparagraph (G), by striking ``and'' at the end; (3) in subparagraph (H), by striking the period at the end and inserting a comma; and (4) by inserting after subparagraph (H) the following: ``(I) ambulance services, ``(J) diagnostic tests, and ``(K) radiation therapy services.''. SEC. 4. CONTRACTING WITH INDEPENDENT PHYSICIANS OR PHYSICIAN GROUPS FOR HOSPICE CARE SERVICES PERMITTED. Section 1861(dd)(2) of the Social Security Act (42 U.S.C. 1395x(dd)(2)) is amended-- (1) in subparagraph (A)(ii)(I), by striking ``(F),''; and (2) in subparagraph (B)(i), by inserting ``or under contract with'' after ``employed by''. SEC. 5. WAIVER OF CERTAIN STAFFING REQUIREMENTS FOR HOSPICE CARE PROGRAMS IN NON-URBANIZED AREAS. Section 1861(dd)(5) of the Social Security Act (42 U.S.C. 1395x(dd)(5)) is amended-- (1) in subparagraph (B), by inserting ``or (C)'' after ``subparagraph (A)'' each place it appears; and (2) by adding at the end the following: ``(C) The Secretary may waive the requirements of paragraph (2)(A)(i) and (2)(A)(ii) for an agency or organization with respect to the services described in paragraph (1)(B) and, with respect to dietary counseling, paragraph (1)(H), if such agency or organization-- ``(i) is located in an area which is not an urbanized area (as defined by the Bureau of Census), and ``(ii) demonstrates to the satisfaction of the Secretary that the agency or organization has been unable, despite diligent efforts, to recruit appropriate personnel.''. SEC. 6. LIMITATION ON LIABILITY OF BENEFICIARIES AND PROVIDERS FOR CERTAIN HOSPICE COVERAGE DENIALS. (a) In General.--Section 1879(g) of the Social Security Act (42 U.S.C. 1395pp(g)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the right; (2) by striking ``is,'' and inserting ``is--''; (3) by making the remaining text of subsection (g), as amended, that follows ``is--'' a new paragraph (1) and indenting such paragraph 2 ems to the right; (4) by striking the period at the end and inserting ``; and''; and (5) by adding at the end the following new paragraph: ``(2) with respect to the provision of hospice care to an individual, a determination that the individual is not terminally ill.''. (b) Waiver Period Extended.--Section 9305(f)(2) of the Omnibus Budget Reconciliation Act of 1986 is amended by striking ``and before December 31, 1995.''. (c) Effective Date.--The amendments made by this section take effect December 31, 1995. SEC. 7. EXTENDING THE PERIOD FOR PHYSICIAN CERTIFICATION OF AN INDIVIDUAL'S TERMINAL ILLNESS. Section 1814(a)(7)(A)(i)(II) of the Social Security Act (42 U.S.C. 1395f(a)(7)(A)(i)(II)) is amended by striking ``, not later than 2 days after hospice care is initiated (or, if each certify verbally not later than 2 days after hospice care is initiated, not later than 8 days after such care is initiated),'' and inserting ``at the beginning of the period''. SEC. 8. EFFECTIVE DATE. Except as provided in section 6(c), the amendments made by this Act apply to benefits provided on or after the date of the enactment of this Act, regardless of whether or not an individual has made an election under section 1812(d) of the Social Security Act before such date.
Medicare Hospice Benefit Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to hospice care to: (1) restructure the hospice care benefit period; (2) cover ambulance services, diagnostic tests, and anticancer chemotherapy and radiation therapy services; (3) permit contracting with independent physicians or physician groups for hospice care services; (4) allow waiver of certain staffing requirements for hospice care programs in non-urbanized areas; (5) define coverage denial, with respect to the limitation on the liability of beneficiaries and providers, to mean a determination that an individual is not terminally ill; and (6) extend the period for physician certification of an individual's terminal illness.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Republic of Georgia Democracy Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A democratic and stable Republic of Georgia is in the political, security, and economic interests of the United States. (2) Georgia plays a key role in the security of the Black Sea and South Caucasus region, which is important for Euro- Atlantic security, transportation, and energy diversification to and from the Caspian Sea. (3) Georgia has been a reliable partner and ally in enhancing global peace and stability with its significant contribution to operations in Iraq and Afghanistan. (4) The United States-Georgia Charter on Strategic Partnership, signed in January 2009, outlines the importance of the bilateral relationship as well as the intent of both countries to expand democracy and economic programs, enhance defense and security cooperation, further trade and energy cooperation, and build people-to-people cultural exchanges. (5) Georgia's democratic nature is one of its core strengths and the basis for the deep friendship between Georgia and the United States. As such, continued democratic reform, the strength of Georgia's democratic institutions, and regular free, fair, and competitive elections are key priorities for a strong continuing relationship between the United States and Georgia. (6) Democracy in Georgia is facing serious challenges and political freedom and fair competition between political parties is under assault. For example, the government has increased detaining members of the political opposition and civil society nongovernmental organizations (NGOs), limited freedom of the press, undermined the right of workers to organize and bargain collectively, and stopped opposition groups from holding demonstrations--often by violent means. (7) According to the Department of State's 2010 Human Rights Report on Georgia, when President Mikheil Saakashvili was re-elected to the Presidency in 2008, ``the OSCE identified significant problems, including widespread allegations of intimidation and pressure, flawed vote-counting and tabulation processes, and shortcomings in the complaints and appeals process. These and other problems continued into the parliamentary elections in May 2008, which international observers concluded were uneven and incomplete in their adherence to international standards.''. (8) On February 13, 2012, United Nations Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association Maina Kiai concluded at the end of his visit to Georgia that the previous positive trajectory of the country was being replaced with a ``widespread climate of fear, intimidation and arbitrary restrictions of fundamental freedoms.'' He identified multiple problems, including with the way in which the government undermined political parties and NGOs, such as prosecuting and detaining political activists with little to no evidence. Furthermore, he noted, ``there have been long standing concerns--by regional bodies and the UN--about the inability to distinguish between the ruling party and the state, which is especially relevant in light of the upcoming parliamentary and presidential elections.''. (9) Georgia will hold parliamentary elections in October 2012. In the run-up to the election, Georgian President Mikheil Saakashvili and the Georgian Parliament enacted constitutional changes that reduce the power of the president and increase the power of the prime minister. (10) Georgian President Mikheil Saakashvili's presidential term ends in 2013 and it has been reported that he plans to assume the role of Prime Minister if his political party, United National Movement (UNM), wins the majority of the seats in the Parliament, which it currently has. (11) Bidzina Ivanishvili, a Georgian businessman who has never served in the Georgian Government, launched a new political party called Georgian Dream, on October 5, 2011, in an effort to unify the Georgian opposition parties and challenge Saakashvili's increasingly dictatorial control over Georgia's government. (12) In response to the creation of Georgian Dream, Mikheil Saakashvili's regime stripped Bidzina Ivanishvili of his citizenship despite the fact that Mikheil Saakashvili granted Ivanishvili's citizenship in the first place, Ivanishvili was born in Georgia, and there is no legal basis for his citizenship to be revoked. (13) Since the launch of Georgian Dream, the Saakashvili regime has launched a concerted, aggressive campaign to undermine Georgian Dream's ability to compete against Saakashvili's party in the Parliamentary elections. For example, the Georgian Government has fired those employees, especially teachers, who support Ivanishvili or other opposition parties. (14) The Georgian Government has increased harassment and detention of the supporters of Ivanishvili, Georgian Dream and other opposition parties, often through violent means, without due process. Hundreds of opposition supporters have been detained in March 2012 as part of a concerted effort to intimidate voters and opposition campaigners. (15) On February 27, 2011, Solomon Kimeridze, an Ivanishvili supporter, died under suspicious circumstances while in police custody. (16) On May 26, 2011, Georgian security officials killed two protesters while using violent means to break-up a peaceful protest. An investigation into this incident has been requested by United States Ambassador Robert Bass, the United Nations High Commissioner for Human Rights, the European Commission, Human Rights Watch, and Amnesty International. (17) On December 28, 2011, the Georgian Parliament passed new election laws that will limit opposition parties' access to funds. The OSCE and the U.S. State Department criticized this law for both its substance and the abnormal way in which it was enacted by the Saakashvili-controlled parliament. Furthermore, the Chamber of Control, the state audit agency that is controlled by Saakashvili, created a new division specifically focused on investigating Georgian Dream and Bidzina Ivanishvili and blocking Ivanishvili's financial support for opposition candidates and party building. (18) United Nations Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association Maina Kiai concluded that these changes to the election law ``appear to affect the rights to association and to peaceful assembly . . . these amendments, which at times use ambiguous language, are fuelling an overall climate of distrust, and appear to largely violate international human rights law.''. (19) The Saakashvili regime has warped the Georgian banking sector, previously a model of post-Soviet success and transparency, in an effort to destroy Bank Cartu, a bank owned by Bidzina Ivanishvili. Based on a law passed at the end of October 2011 after Ivanishvili announced the creation of Georgian Dream, the Georgian Government seized over millions of dollars in bank assets. The American Chamber of Commerce criticized this new law, predicted that it would undermine a model banking system that has been built with the support of the United States Government, IMF, and World Bank. The Georgian Government has only applied this new law, which gives the Government the right to seize loan collateral before the banks that issued the loan, to Bank Cartu and no other banks. As a result, the Saakashvili regime continues to seize Bank Cartu assets in an effort to force the bank out of business and remove a source of Ivanishvili's financial support. (20) United States national security interests are best served by a democratic Georgia no matter what individuals and which parties are in control of the country. An undemocratic Georgia will breed instability in a volatile region and increase the likelihood of violent conflict. As such, it is incumbent on the United States Government to clearly communicate to President Saakashvili that if he continues down his current path and does not allow free, fair, and competitive elections, the special relationship between the United States and Georgia will be at risk and Georgia will face the loss of both United States political support and financial assistance. SEC. 3. LIMITATION ON ASSISTANCE TO THE REPUBLIC OF GEORGIA. (a) Limitation.--No funds available to any United States department or agency for fiscal year 2013 may be used to provide assistance to the Republic of Georgia until the Secretary of State certifies and reports to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the parliamentary elections held in October 2012 or such other date if rescheduled were carried out in a free, fair, and competitive manner consistent with international standards. (b) Matters To Be Included.--The report required under subsection (a) shall include information on-- (1) the presence and findings of election observers; (2) the ability of opposition parties to campaign effectively; and (3) whether Bidzina Ivanishvili and the Georgian Dream Party participated in the election, and, if not, the reason for their absence.
Republic of Georgia Democracy Act of 2012 - Prohibits FY2013 funds for any U.S. department or agency from being used to provide assistance to the Republic of Georgia until the Secretary of State reports to Congress that the parliamentary elections (held in October 2012 or such other date if rescheduled) were carried out in a free and competitive manner consistent with international standards. Requires such report to include information on: (1) the presence and findings of election observers; (2) the ability of opposition parties to campaign effectively; and (3) whether Bidzina Ivanishvili and the Georgian Dream Party participated in the election, and, if not, the reason for their absence.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Equipping a 21st Century Green Workforce Act of 2009''. SEC. 2. SPECIAL RULES FOR CHARITABLE CONTRIBUTIONS OF ALTERNATIVE ENERGY PROPERTY FOR EDUCATIONAL PURPOSES. (a) In General.--Subsection (e) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Special rule for contributions of alternative energy property used for educational purposes.-- ``(A) Limit on reduction.--In the case of a qualified energy property contribution, the reduction under paragraph (1)(A) shall be no greater than the amount determined under paragraph (3)(B). ``(B) Qualified energy property contributions.--For purposes of this paragraph, the term `qualified energy property contribution' means a charitable contribution by a corporation of qualified energy inventory property, but only if-- ``(i) the contribution is to-- ``(I) an educational organization described in subsection (b)(1)(A)(ii), or ``(II) an organization described in section 501(c)(3) and exempt from tax under section 501(a) that is organized primarily for purposes of providing education or training, ``(ii) the property is constructed or assembled by the taxpayer, ``(iii) the contribution is made not later than 3 years after the date the construction or assembly of the property is substantially completed, ``(iv) the original use of the property is by the donee, ``(v) substantially all of the use of the property by the donee is for use within the United States for educational or training purposes that are related to the purpose or function of the donee, ``(vi) the property is not transferred by the donee in exchange for money, other property, or services, ``(vii) the property will fit productively into the donee's educational or training plan, and ``(viii) the taxpayer receives from the donee a written statement representing that its use and disposition of the property will be in accordance with the provisions of clauses (v), (vi),and (vii). ``(C) Definitions and special rules.--For purposes of this paragraph-- ``(i) Qualified energy inventory property.--The term `qualified energy inventory property' means any tangible personal property described in paragraph (1) of section 1221(a) which is-- ``(I) property which is used in generating electricity from qualified energy resources (as defined in section 45(c)(1)), or ``(II) property which is described in subparagraph (A) of section 48(a)(3) (determined without regard to any termination provision or other time- based restriction contained in section 48) and which meets the requirements of subparagraph (D) of section 48(a)(3). ``(ii) Corporation.--The term `corporation' has the meaning given such term by paragraph (4)(D). ``(iii) Use of property as energy source.-- The use of property by the donee as a source of energy for the donee shall not be taken into account for purposes of applying subparagraph (B)(v) if the use described in such paragraph is significant. ``(iv) Construction of property.--Rules similar to the rules of paragraph (4)(C) shall apply.''. (b) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.
Equipping a 21st Century Green Workforce Act of 2009 - Amends the Internal Revenue Code to allow an increased charitable tax deduction for contributions of certain alternative energy property for educational purposes.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Fuel Supply and Distribution Improvement Act''. SEC. 2. IMPROVING MOTOR FUEL SUPPLY AND DISTRIBUTION. (a) Limiting Number of Boutique Fuels.--Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended by striking the second clause (v) (as added by section 1541(b) of Public Law 109-58) and inserting the following: ``(vi)(I) The Administrator shall have no authority, when considering a State implementation plan or a State implementation plan revision, to approve under this paragraph any fuel included in such plan or revision if the effect of such approval would be to increase the total number of fuels approved under this paragraph as of January 1, 2009 in all State implementation plans. ``(II) The Administrator, in consultation with the Secretary of Energy, shall determine the total number of fuels approved under this paragraph as of January 1, 2009, in all State implementation plans and shall publish a list of such fuels, including the States and Petroleum Administration for Defense District in which they are used, in the Federal Register no later than 90 days after enactment. ``(III) The Administrator shall remove a fuel from the list published under subclause (II) if a fuel ceases to be included in a State implementation plan or if a fuel in a State implementation plan is identical to a Federal fuel formulation implemented by the Administrator, but the Administrator shall not reduce the total number of fuels authorized under the list published under subclause (II). ``(IV) Subclause (I) shall not apply to approval by the Administrator of a control or prohibition respecting any new fuel under this paragraph in a State's implementation plan or a revision to that State's implementation plan after the date of enactment of this Act if the fuel, as of the date of consideration by the Administrator-- ``(aa) would replace completely a fuel on the list published under subclause (II); ``(bb) has been approved in at least one State implementation plan in the applicable Petroleum Administration for Defense District; or ``(cc) is a fuel that differs from the Federal conventional gasoline specifications under subsection (k)(8) only with respect to the requirement of a summertime Reid Vapor Pressure of 7.0 or 7.8 pounds per square inch. ``(V) Nothing in this clause shall be construed to have any effect regarding any available authority of States to require the use of any fuel additive registered in accordance with subsection (b), including any fuel additive registered in accordance with subsection (b) after the enactment of this subclause. ``(VI) In this clause: ``(aa) The term `control or prohibition respecting a new fuel' means a control or prohibition on the formulation, composition, or emissions characteristics of a fuel that would require the increase or decrease of a constituent in gasoline or diesel fuel. ``(bb) The term `fuel' means gasoline, diesel fuel, and any other liquid petroleum product commercially known as gasoline and diesel fuel for use in highway and non-road motor vehicles.''. (b) Temporary Waivers During Supply Emergencies.--Section 211(c)(4) of the Clean Air Act (42 U.S.C. 7545(c)(4)) is amended by adding at the end the following: ``(D) Temporary Waivers During Supply Emergencies.--The Administrator may temporarily waive a control or prohibition with respect to the use of a fuel or fuel additive required or regulated by the Administrator under subsection (c), (h), (i), (k), or (m), or prescribed in an applicable implementation plan under section 110 that is approved by the Administrator under subparagraph (c)(4)(C)(i), if, after consultation with and concurrence by the Secretary of Energy, the Administrator determines that-- ``(i) an extreme and unusual fuel or fuel additive supply circumstance exists in a State or region that prevents the distribution of an adequate supply of the fuel or fuel additive to consumers; ``(ii) the extreme and unusual fuel or fuel additive supply circumstance is the result of a natural disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not reasonably have been foreseen or prevented and not a lack of prudent planning on the part of the suppliers of the fuel or fuel additive to the State or region; and ``(iii) it is in the public interest to grant the waiver. ``(E) Requirements for Waiver.-- ``(i) Definition of motor fuel distribution system.--In this subparagraph, the term `motor fuel distribution system' has the meaning given the term by the Administrator, by regulation. ``(ii) Requirements.--A waiver under subparagraph (D) shall be permitted only if-- ``(I) the waiver applies to the smallest geographic area necessary to address the extreme and unusual fuel or fuel additive supply circumstance; ``(II) the waiver is effective for a period of 15 calendar days or, if the Administrator determines that a shorter or longer waiver period is adequate, for the shortest practicable time period necessary to permit the correction of the extreme and unusual fuel or fuel additive supply circumstances and to mitigate impact on air quality; ``(III) the waiver permits a transitional period, the duration of which shall be determined by the Administrator, after the termination of the temporary waiver to permit wholesalers and retailers to blend down wholesale and retail inventory; ``(IV) the waiver applies to all persons in the motor fuel distribution system; and ``(V) the Administrator has given public notice regarding consideration by the Administrator of, and, if applicable, the granting of, a waiver to all parties in the motor fuel distribution system, State and local regulators, public interest groups, and consumers in the State or region to be covered by the waiver. ``(F) Affect on Waiver Authority.--Nothing in subparagraph (D)-- ``(i) limits or otherwise affects the application of any other waiver authority of the Administrator under this section or a regulation promulgated pursuant to this section; or ``(ii) subjects any State or person to an enforcement action, penalties, or liability solely arising from actions taken pursuant to the issuance of a waiver under subparagraph (D).''.
Motor Fuel Supply and Distribution Improvement Act - Amends the Clean Air Act to: (1) update provisions limiting the number of gasoline or diesel fuels allowed in a state implementation plan; and (2) allow a limited, temporary waiver of a control or prohibition of a fuel or fuel additive in circumstances that prevent the distribution of an adequate supply of such fuel or fuel additive to consumers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Relief Volunteer Protection Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) It is in the national interest to encourage individuals to volunteer to assist victims of national disasters. (2) The exposure of potential volunteers, their employers, and those who would use volunteers' services under existing law to compensatory and punitive damages for negligent acts discourages the provision of these services. (3) The availability of damages in these circumstances for actions that constitute gross negligence creates uncertainty concerning the actual conduct that might cause liability to be imposed on volunteers. (4) Potential liability for acts of volunteers discourages the employers or business partners of potential volunteers from permitting those potential volunteers to provide disaster relief services. (5) Potential liability for acts of volunteers discourages entities that might use the services provided by volunteers in national disasters from doing so. (6) Well-founded fear of liability under existing law for providing goods discourages governmental and intergovernmental entities from providing needed disaster relief goods. (7) Well-founded fear of liability for punitive damages under existing law discourages governmental and intergovernmental entities from providing needed disaster relief goods and discourages potential volunteers from providing volunteer services to disaster victims. (8) Fear of compensatory and punitive damages for providing volunteer services deters potential volunteers from states located outside the national disaster area from providing volunteer services. (9) Fear of compensatory and punitive damages for providing volunteer services deters potential foreign volunteers from providing disaster relief services. (10) Any lessening of liability for volunteers providing disaster relief services, their employers and business partners, and entities utilizing their services should maintain adequate incentives for each of these classes of persons or entities to avoid causing harm. (11) Unwillingness to provide volunteer services to disaster victims in the face of uncertain liability substantially affects, burdens, and deters interstate commerce and travel. (12) Unwillingness of employers and business partners to allow their employees and business partners to provide disaster relief services in the face of uncertain liability substantially affects, burdens, and deters interstate commerce and travel. (13) Unwillingness of persons, entities, or organizations to accept disaster relief services from volunteers in the face of uncertain liability substantially affects, burdens, and deters interstate commerce and travel. (14) Unwillingness by foreigners to provide voluntary disaster relief services in the face of uncertain liability substantially affects, burdens, and deters foreign commerce and travel. (15) Unless Congress provides uniform standards to address disasters that could occur in any State or combination of states, potential volunteers and others will not be certain which laws would govern their providing disaster relief services, which would substantially affect, burden, and deter interstate and foreign commerce and travel in the event of a national disaster. SEC. 3. DISASTER RELIEF VOLUNTEERS. (a) Liability of Disaster Relief Volunteers.--A disaster relief volunteer shall not be liable for any injury (including personal injury, property damage or loss, and death) caused by an act or omission of such volunteer in connection with such volunteer's providing or facilitating the provision of disaster relief services if-- (1) the injury was not caused by willful, wanton, or reckless misconduct by the volunteer; and (2) the injury was not caused by the volunteer's operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator or the owner of the vehicle, craft, or vessel to-- (A) possess an operator's license; or (B) maintain insurance. (b) Liability of Employer or Partner of Disaster Relief Volunteer.--An employer or business partner of a disaster relief volunteer shall not be liable for any act or omission of such volunteer in connection with such volunteer's providing or facilitating the provision of disaster relief services. (c) Liability of Host or Enabling Person, Entity, or Organization.--A person or entity, including a governmental entity, that works with, accepts services from, or makes its facilities available to a disaster relief volunteer to enable such volunteer to provide disaster relief services shall not be liable for any act or omission of such volunteer in connection with such volunteer's providing such services. (d) Liability of Nonprofit Organizations.--A nonprofit organization shall not be liable for any injury (including personal injury, property damage or loss, and death) caused by an act or omission in connection with such nonprofit organization's providing or facilitating the provision of disaster relief services if the injury was not caused by willful, wanton, or reckless misconduct by the nonprofit organization. (e) Liability of Governmental and Intergovernmental Entities for Donations of Disaster Relief Goods.--A governmental or intergovernmental entity that donates to an agency or instrumentality of the United States disaster relief goods shall not be liable for any injury (including personal injury, property damage or loss, and death) caused by such donated goods if the injury was not caused by willful, wanton, or reckless misconduct by such governmental or intergovernmental entity. (f) Limitation on Punitive and Noneconomic Damages Based on Actions of Disaster Relief Volunteers and Governmental Donors.-- (1) Punitive damages.--Unless the claimant establishes by clear and convincing evidence that its damages were proximately caused by willful, wanton, or reckless misconduct by either-- (A) a disaster relief volunteer in any civil action brought for injury caused by the volunteer's providing or facilitating the provision of disaster relief services; or (B) a governmental or intergovernmental entity in any civil action brought for injury caused by disaster relief goods donated by such governmental or intergovernmental entity; punitive damages may not be awarded in any civil action against such a volunteer or governmental entity. (2) Noneconomic damages.-- (A) General rule.--In any civil action brought against-- (i) a disaster relief volunteer for injury caused by such volunteer's providing or facilitating the provision of disaster relief services; or (ii) a governmental or intergovernmental entity for injury caused by disaster relief goods donated by such governmental entity; liability for noneconomic loss, if permitted under subsection (a) or (e) of this section, shall be determined in accordance with this subparagraph. (B) Amount of liability.--(i) The amount of noneconomic loss allocated to the disaster relief volunteer or governmental or intergovernmental entity defendant shall be in direct proportion to the percentage of responsibility of that defendant (determined in accordance with clause (ii)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to this section. (ii) For purposes of determining the amount of noneconomic loss allocated to a defendant, the trier of fact shall determine the percentage of responsibility of each person or entity responsible for the claimant's harm, whether or not such person or entity is a party to the action. (g) Construction.--Nothing in this section shall be construed to abrogate or limit any protection that a volunteer, as defined in the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.), may be entitled to under that Act. Neither shall anything in this section be construed to confer any private right of action or to abrogate or limit any protection with respect to either liability or damages that any disaster relief volunteer or governmental or intergovernmental entity may be entitled to under any other provision of law. (h) Supplemental Declaration.--If a Disaster Declaration is issued, the President, the Secretary of Health and Human Services, or the Secretary of Homeland Security may issue a Supplemental Declaration under this section. (1) Temporal effect.--Such Supplemental Declaration may provide that, for purposes of this section, such Disaster Declaration shall have such temporal effect as the President or the Secretary may deem necessary or appropriate to further the public interest, including providing that such Disaster Declaration shall have an effective date earlier than the date of the declaration or determination of such Disaster Declaration. (2) Geographic and other conditions.--Such Supplemental Declaration may provide that, for purposes of this section, such Disaster Declaration shall have such geographic or other conditions as the President or the Secretary may deem necessary or appropriate to further the public interest. (i) Licensing, Certification, and Authorization.--This section shall not apply to a disaster relief volunteer where the disaster relief service such volunteer provides is of a type that generally requires a license, certificate, or authorization, and the disaster relief volunteer lacks such license, certificate, or authorization, unless-- (1) such volunteer is licensed, certified, or authorized to provide such services in any State to the extent required, if any, by the appropriate authorities of that State, even if such State is not the State in which the disaster relief volunteer provides disaster relief services; or (2) otherwise specified in a Disaster Declaration or Supplemental Declaration under this section. (j) Definitions.--For purposes of this section: (1) The term ``Disaster Declaration'' means-- (A) a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); (B) a declaration of a public health emergency or a risk of such emergency as determined by the Secretary of Homeland Security in accordance with clause (i) or clause (ii) of section 2811(b)(3)(A) of such Act (42 U.S.C. 300hh-11(b)(3)(A)) and section 503(5) of the Homeland Security Act of 2002 (6 U.S.C. 313(5)); or (C) an emergency or major disaster declaration by the President under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191). (2) The term ``disaster relief volunteer'' means an individual who provides disaster relief services in connection with a Disaster Declaration without expectation or receipt of compensation in exchange for providing such services. (3) The term ``disaster relief services'' means services or assistance provided in preparation for, response to, or recovery from any event that is the subject of a Disaster Declaration, including but not limited to health, medical, fire fighting, rescue, reconstruction, and any other services or assistance specified by a Supplemental Declaration under this section as necessary or desirable to prepare for, respond to, or recover from an event that is the subject of a Disaster Declaration. (4) The term ``disaster relief good'' means either-- (A) those goods provided in preparation for, response to, or recovery from any event that is the subject of a Disaster Declaration and reasonably necessary to such preparation, response, or recovery; or (B) those goods defined by a Disaster Declaration or Supplemental Declaration under this section. (5) The term ``noneconomic loss'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (6) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession, and (for purposes of subsection (h)) any foreign country. (7) The term ``compensation'' means monetary or other compensation of any kind provided in exchange for an individual's services, but does not include-- (A) reasonable reimbursement or allowance for expenses actually incurred by such an individual; (B) provision of reasonable supplies, lodging, or transportation to such an individual; or (C) such an individual's ordinary salary or compensation paid by his or her employer while such individual is on leave from his or her ordinary duties with such employer in order to provide disaster relief services.
Disaster Relief Volunteer Protection Act of 2006 - Provides liability protection for individuals who volunteer to assist victims of national disasters for any injury (including personal injury, property damage or loss, and death) caused by an act or omission in connection with disaster relief services provided or facilitated by the volunteer, if: (1) the injury was not caused by willful, wanton, or reckless misconduct; and (2) the injury was not caused by the volunteer's operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator or the owner to possess an operator's license or maintain insurance. Extends such liability protection to: (1) the volunteer's employer, host, or enabling person, entity, or organization; (2) nonprofit organizations providing or facilitating disaster relief services; or (3) governmental or intergovernmental entity that donates disaster relief goods to a U.S. agency or instrumentality for any injury caused by such donated goods. Prohibits the award of punitive damages in any civil action against a disaster relief volunteer or governmental or intergovernmental entity, unless willful, wanton, or reckless misconduct is established by clear and convincing evidence. Provides for proportionate liability for noneconomic damages.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``ATM Fee Reform Act of 1996''. SEC. 2. ELECTRONIC FUND TRANSFER FEE DISCLOSURES AT ANY HOST ATM. Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended-- (1) by striking ``(d) In the event'' and inserting ``(d) Applicability to Service Providers Other Than Certain Financial Institutions.-- ``(1) In general.--In the event''; and (2) by adding at the end the following new paragraph: ``(2) Fee disclosures at electronic terminals.-- ``(A) In general.--The regulations prescribed under paragraph (1) shall require any host electronic terminal operator who imposes a fee on any consumer for providing host transfer services to such consumer to provide notice in accordance with subparagraph (B) to the consumer (at the time the service is provided) of-- ``(i) the fact that a fee is imposed by such operator for providing the service; and ``(ii) the amount of any such fee. ``(B) Notice requirements.--The notice required under subparagraph (A) with respect to any fee described in such subparagraph shall-- ``(i) be posted in a prominent and conspicuous location on or at the electronic terminal at which the electronic fund transfer is initiated by the consumer; and ``(ii) appear on the screen of the electronic terminal, or on a paper notice issued from the terminal, after the transaction is initiated and before the consumer is irrevocably committed to completing the transaction. ``(C) Prohibition on fees not properly disclosed and explicitly assumed by consumer.--No fee may be imposed by any host electronic terminal operator in connection with any electronic fund transfer initiated by a consumer for which a notice is required under subparagraph (A), unless-- ``(i) the consumer receives such notice in accordance with subparagraph (B); and ``(ii) the consumer elects to continue in the manner necessary to effect the transaction after receiving such notice. ``(D) Definitions.--For purposes of this paragraph, the following definitions shall apply: ``(i) Electronic fund transfer.--The term `electronic fund transfer' includes a transaction which involves a balance inquiry initiated by a consumer in the same manner as an electronic fund transfer, whether or not the consumer initiates a transfer of funds in the course of the transaction. ``(ii) Host electronic terminal operator.-- The term `host electronic terminal operator' means any person who-- ``(I) operates an electronic terminal at which consumers initiate electronic fund transfers; and ``(II) is not the financial institution which holds the account of any such consumer from which the transfer is made. ``(iii) Host transfer services.--The term `host transfer services' means any electronic fund transfer made by a host electronic terminal operator in connection with a transaction initiated by a consumer at an electronic terminal operated by such operator.''. SEC. 3. AGENCY REPORTS OF COMPLIANCE WITH REGULATION E. (a) In General.--Section 918 of the Electronic Fund Transfer Act (15 U.S.C. 1693p) is amended by adding at the end the following new subsection: ``(c) Compliance and Trends.-- ``(1) Regulation e compliance reports.--Each agency responsible under section 917 for enforcing compliance with the requirements imposed under this title shall submit an annual report to the Congress on the degree to which entities which are subject to the jurisdiction of such agency under this title are in compliance with regulations prescribed by the Board under section 904(d). ``(2) Trends in fees imposed by host atm operators.--Each report submitted by an agency pursuant to paragraph (1) shall include a description of any discernible trend, in the Nation as a whole and in each region-- ``(A) in the imposition of fees for which notices are required under section 904(d)(2); and ``(B) in the rate of compliance with regulations prescribed pursuant to such section. ``(3) Separate submission not required.--The information required to be submitted to the Congress under this subsection may be included in any other annual report submitted to the Congress by such agency.''. SEC. 4. DISCLOSURE OF POSSIBLE FEES TO CONSUMERS WHEN ATM CARD IS ISSUED. Section 911 of the Electronic Fund Transfer Act (15 U.S.C. 1693i) is amended by adding at the end the following new subsection: ``(d) Disclosure of Possible EFT Fees.--Whenever a card, code, or other means of access to a consumer's account is issued for the purpose of initiating electronic fund transfers from such account, the person issuing the card, code, or other means of access shall provide a written notice to the accountholder that a fee may be imposed by-- ``(1) a host electronic terminal operator (as defined in section 904(d)(2)(D)(ii)) if the consumer initiates a transfer from an electronic terminal which is not operated by the person issuing the card or other means of access; and ``(2) any national, regional, or local network utilized to effect the transaction.''. SEC. 5. FEASIBILITY STUDY. (a) In General.--The Comptroller General of the United States shall conduct a study of the feasibility of prohibiting the imposition of any fee by any person in connection with any electronic fund transfer initiated by a consumer through the use of an electronic terminal unless-- (1) a notice is provided to the consumer before the consumer is irrevocably committed to completing the transaction, which clearly states the amount of any fee which will be imposed upon the consummation of the transaction by-- (A) any host electronic terminal operator (as defined in section 904(d)(2)(D)(ii) of the Electronic Fund Transfer Act) involved in the transaction; (B) the financial institution holding the account of the consumer; (C) any national, regional, or local network utilized to effect the transaction; and (D) any other party involved in the transfer; and (2) the consumer elects to consummate the transaction after receiving the notice described in paragraph (1). (b) Factors To Be Considered.--In conducting the study required under subsection (a) with regard to the notice requirement described in such subsection, the Comptroller General shall consider the following factors: (1) The availability of appropriate technology. (2) Implementation and operating costs. (3) The competitive impact any such notice requirement would have on various sizes and types of institutions, if implemented. (4) The period of time which would be reasonable for implementing any such notice requirement. (5) The extent to which consumers would benefit from any such notice requirement. (6) Any other factor the Comptroller General determines to be appropriate in analyzing the feasibility of imposing any such notice requirement. (c) Report to the Congress.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress containing-- (1) the findings and conclusions of the Comptroller General in connection with the study required under subsection (a); and (2) the recommendation of the Comptroller General with regard to the question of whether a notice requirement described in subsection (a) should be implemented and, if so, how such requirement should be implemented.
ATM Fee Reform Act of 1996 - Amends the Electronic Fund Transfer Act to mandate fee disclosures at the time of service by any host electronic terminal operator which imposes a fee for providing host transfer services to a consumer. Requires each agency responsible for compliance enforcement under the Act to report annually to the Congress on compliance and on regional and national trends in fees imposed by host ATM operators. Mandates the disclosure to consumers whenever an electronic means of accessing the consumer's account is issued of possible fees for initiating electronic fund transfers. Requires the Comptroller General to study the feasibility of prohibiting the imposition of an electronic fund transfer fee unless notice has been provided before the consumer is irrevocably committed to completing the transaction.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Frontline Health Care Act of 2015''. SEC. 2. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended-- (1) by redesignating the second subpart XI (as added by section 10333 of Public Law 111-148) as subpart XII; (2) by redesignating the second section 340H (as added by such section 10333) as section 340I; and (3) by adding at the end the following: ``Subpart XIII--Frontline Health Care Services ``SEC. 340J. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM. ``(a) In General.--The Secretary shall establish and carry out a Frontline Providers Loan Repayment Program (in this section referred to as the `Loan Repayment Program') under which, pursuant to contracts in accordance with this section-- ``(1) the Secretary agrees to make student loan repayments; and ``(2) the individual agrees to serve as a health professional for a period of full-time service of not less than 2 years at a health care facility serving a frontline care scarcity area. ``(b) Eligibility.--To be eligible to participate in the Loan Repayment Program, an individual must-- ``(1) submit an application to participate in the Loan Repayment Program in such form and manner and at such time as specified by the Secretary; and ``(2) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in subsection (d)). ``(c) Participation in Program.-- ``(1) In general.--An individual becomes a participant in the Loan Repayment Program only upon the approval of the Secretary of the individual's application submitted under subsection (b)(1) and the Secretary's acceptance of the contract submitted by the individual under subsection (b)(2). ``(2) Preference.--In awarding contracts under this section, the Secretary shall give preference to applicants who have undertaken training or coursework in interdisciplinary studies. ``(3) Recruitment for interdisciplinary programs.--The Secretary shall-- ``(A) determine the frontline care scarcity areas in which to place contract recipients under this section; and ``(B) in making such determination, give preference to areas with a demonstrated program of interdisciplinary health care, or with demonstrated plans to initiate interdisciplinary approaches to community health care. ``(4) Notice.--The Secretary shall provide written notice to an individual promptly upon the Secretary's approving, under paragraph (1), of the individual's participation in the Loan Repayment Program. ``(d) Contract.--The contract described in this subsection is a written contract between the Secretary and an individual that contains-- ``(1) an agreement that-- ``(A) the Secretary agrees to provide the individual with student loan repayment (described in subsection (e)) for a period of time as determined by the Secretary, to pay off debts incurred during the course of the study or program described in subsection (g)(2)(B); and ``(B) the individual agrees-- ``(i) to accept provision of such a student loan repayment to the individual; and ``(ii) to provide frontline care services for a period of full-time service of not less than 2 years at a health care facility serving a frontline care scarcity area; ``(2) a provision that any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for student loan repayment under this section; ``(3) a statement of the damages to which the United States is entitled, under subsection (f), for the individual's breach of the contract; and ``(4) such other statements as the Secretary deems appropriate of the rights and liabilities of the Secretary and of the individual, not inconsistent with the provisions of this section. ``(e) Student Loan Repayment.-- ``(1) Amount.--The amount of an annual student loan repayment under this section on behalf of an individual shall be determined by the Secretary, and shall take into consideration the need to pay a sufficient amount to enable recruiting of health care providers into the loan repayment program under this section. ``(2) Payments directly to loan provider.--The Secretary may contract with an individual's loan provider, for the payment to the loan provider, on behalf of the individual, of the amounts of a student loan repayment described in paragraph (1). ``(f) Breach of Contract.--If an individual breaches a written contract under this section by failing to begin such individual's service obligation, or to complete such service obligation, the United States shall be entitled to recover from the individual an amount that is equal to the sum of-- ``(1) the total amount which has been paid to the individual, or on behalf of the individual, under the contract; and ``(2) any amount of interest, as determined by the Secretary. ``(g) Definitions.--In this section: ``(1) The term `frontline care scarcity area' means an area, population group, or facility that-- ``(A) is designated as a health professional shortage area under section 332; or ``(B) is designated by the State in which the area is located as having a shortage of frontline care services. ``(2) The term `frontline care services' means health care services-- ``(A) in the field of general surgery, optometry, ophthalmology, chiropractic, physical therapy, audiology, speech language pathology, pharmacies, public health, podiatric medicine, dietetics, occupational therapy, general pediatrics, respiratory therapy, medical technology, otolaryngology, or radiologic technology; and ``(B) provided by a general surgeon, optometrist, ophthalmologist, chiropractor, physical therapist, audiologist, speech language pathologist, pharmacist, public health professional, podiatric physician, registered dietician, occupational therapist, pediatrician, respiratory therapist, medical technologist, otolaryngologist, or radiologic technologist who has completed an appropriate course of study or program, offered by an accredited institution of higher education in the United States. ``(h) Implementation.--The Secretary shall begin implementation of the loan repayment program under this section within 180 days of the date of the enactment of this section.''.
Access to Frontline Health Care Act of 2015 This bill amends the Public Health Service Act to direct the Department of Health and Human Services (HHS) to establish and carry out a Frontline Providers Loan Repayment Program under which HHS makes student loan repayments in exchange for a health professional providing frontline care services for two years in a frontline care scarcity area. Frontline care services include surgery, optometry, physical therapy, pharmacies, public health, dietetics, occupational therapy, pediatrics, and medical technology. Frontline care scarcity areas are federal health professional shortage areas and areas, populations, or facilities designated by a state as having a shortage of frontline care services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Cybersecurity Enhancement Act of 2004''. SEC. 2. ASSISTANT SECRETARY FOR CYBERSECURITY. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``SEC. 203. ASSISTANT SECRETARY FOR CYBERSECURITY. ``(a) In General.--There shall be in the Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office headed by an Assistant Secretary for Cybersecurity (in this section referred to as the `Assistant Secretary'), who shall assist the Secretary in promoting cybersecurity for the Nation. ``(b) General Authority.--The Assistant Secretary, subject to the direction and control of the Secretary, shall have primary authority within the Department for all cybersecurity-related critical infrastructure protection programs of the Department, including with respect to policy formulation and program management. ``(c) Responsibilities.--The responsibilities of the Assistant Secretary shall include the following: ``(1) To establish and manage-- ``(A) a national cybersecurity response system that includes the ability to-- ``(i) analyze the effect of cybersecurity threat information on national critical infrastructure; and ``(ii) aid in the detection and warning of attacks on, and in the restoration of, cybersecurity infrastructure in the aftermath of such attacks; ``(B) a national cybersecurity threat and vulnerability reduction program that identifies cybersecurity vulnerabilities that would have a national effect on critical infrastructure, performs vulnerability assessments on information technologies, and coordinates the mitigation of such vulnerabilities; ``(C) a national cybersecurity awareness and training program that promotes cybersecurity awareness among the public and the private sectors and promotes cybersecurity training and education programs; ``(D) a government cybersecurity program to coordinate and consult with Federal, State, and local governments to enhance their cybersecurity programs; and ``(E) a national security and international cybersecurity cooperation program to help foster Federal efforts to enhance international cybersecurity awareness and cooperation. ``(2) To coordinate with the private sector on the program under paragraph (1) as appropriate, and to promote cybersecurity information sharing, vulnerability assessment, and threat warning regarding critical infrastructure. ``(3) To coordinate with other directorates and offices within the Department on the cybersecurity aspects of their missions. ``(4) To coordinate with the Under Secretary for Emergency Preparedness and Response to ensure that the National Response Plan developed pursuant to section 502(6) of the Homeland Security Act of 2002 (6 U.S.C. 312(6)) includes appropriate measures for the recovery of the cybersecurity elements of critical infrastructure. ``(5) To develop processes for information sharing with the private sector, consistent with section 214, that-- ``(A) promote voluntary cybersecurity best practices, standards, and benchmarks that are responsive to rapid technology changes and to the security needs of critical infrastructure; and ``(B) consider roles of Federal, State, local, and foreign governments and the private sector, including the insurance industry and auditors. ``(6) To coordinate with the Chief Information Officer of the Department in establishing a secure information sharing architecture and information sharing processes, including with respect to the Department's operation centers. ``(7) To consult with the Electronic Crimes Task Force of the United States Secret Service on private sector outreach and information activities. ``(8) To consult with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises. ``(9) To consult and coordinate, as appropriate, with other Federal agencies on cybersecurity-related programs, policies, and operations. ``(10) To consult and coordinate within the Department and, where appropriate, with other relevant Federal agencies, on security of digital control systems, such as Supervisory Control and Data Acquisition (SCADA) systems. ``(d) Authority Over the National Communications System.--The Assistant Secretary shall have primary authority within the Department over the National Communications System.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to subtitle A of title II the following: ``203. Assistant Secretary for Cybersecurity.''. SEC. 3. CYBERSECURITY DEFINED. Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the following: ``(17)(A) The term `cybersecurity' means the prevention of damage to, the protection of, and the restoration of computers, electronic communications systems, electronic communication services, wire communication, and electronic communication, including information contained therein, to ensure its availability, integrity, authentication, confidentiality, and nonrepudiation. ``(B) In this paragraph-- ``(i) each of the terms `damage' and `computer' has the meaning that term has in section 1030 of title 18, United States Code; and ``(ii) each of the terms `electronic communications system', `electronic communication service', `wire communication', and `electronic communication' has the meaning that term has in section 2510 of title 18, United States Code.''.
Department of Homeland Security Cybersecurity Enhancement Act of 2004 - Amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security's (DHS) Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office, headed by an Assistant Secretary for Cybersecurity, who shall assist the Secretary in promoting cybersecurity for the Nation. Grants the Assistant Secretary primary authority within DHS for all cybersecurity-related critical infrastructure programs of DHS. Includes among the responsibilities of the Assistant Secretary to: (1) establish and manage a national cybersecurity response system, a national cybersecurity threat and vulnerability reduction program, a national cybersecurity awareness and training program, a government cybersecurity program, and a national security and international cybersecurity cooperation program; (2) coordinate specified activities with the private sector, with other directorates and offices within DHS (including with the Chief Information Officer), and with the Under Secretary for Emergency Preparedness and Response; (3) develop processes for information sharing with the private sector; (4) consult with the Secret Service's Electronic Crimes Task Force on private sector outreach and information activities and with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises; and (5) consult and coordinate with other Federal agencies on cybersecurity-related programs, policies, and operations and with other relevant Federal agencies and within DHS on security of digital control systems. Grants the Assistant Secretary primary authority within DHS over the National Communications System.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Unborn Victims of Violence Act of 2004'' or ``Laci and Conner's Law''. SEC. 2. PROTECTION OF UNBORN CHILDREN. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 90 the following: ``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN ``Sec. ``1841. Protection of unborn children. ``Sec. 1841. Protection of unborn children ``(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being. ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are the following: ``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1),and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title. ``(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)). ``(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283). ``(c) Nothing in this section shall be construed to permit the prosecution-- ``(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; ``(2) of any person for any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) As used in this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following new item: ``90A. Protection of unborn children.............................1841''. SEC. 3. MILITARY JUSTICE SYSTEM. (a) Protection of Unborn Children.--Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following new section: ``Sec. 919a. Art. 119a. Death or injury of an unborn child ``(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child's mother. ``(2) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the accused intended to cause the death of, or bodily injury to, the unborn child. ``(3) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under paragraph (1), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being. ``(4) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128). ``(c) Nothing in this section shall be construed to permit the prosecution-- ``(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; ``(2) of any person for any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) In this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 919 the following new item: ``919a. 119a. Death or injury of an unborn child.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Unborn Victims of Violence Act of 2004 or Laci and Conner's Law - Provides that persons who commit certain Federal violent crimes (conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice (UCMJ) ) and thereby cause the death of, or bodily injury to, a child who is in utero shall be guilty of a separate offense. Requires the punishment for that separate offense to be the same as provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother (or in the case of a UCMJ violation, to be such punishment as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for such conduct had that injury or death occurred to the unborn child's mother). Declares that such a separate offense does not require proof that: (1) the person who committed the offense knew or should have known that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to harm the unborn child. Prohibits imposition of the death penalty for such an offense. Bars prosecution under this Act: (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman (or a person authorized by law to act on her behalf) has been obtained or is implied by law or for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (2) of any woman with respect to her unborn child.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``COPS Improvements Act of 2009''. SEC. 2. COPS GRANT IMPROVEMENTS. (a) In General.--Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Grant Authorization.--The Attorney General shall carry out grant programs under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, multi-jurisdictional or regional consortia, and individuals for the purposes described in subsections (b), (c), (d), and (e). Grants under this subsection shall be awarded on a competitive basis.''; (2) in subsection (b)-- (A) by striking the subsection heading text and inserting ``Community Policing and Crime Prevention Grants''; (B) in paragraph (3), by striking ``, to increase the number of officers deployed in community-oriented policing''; (C) by amending paragraph (4) to read as follows: ``(4) award grants to pay for or train officers hired to perform intelligence, anti-terror, or homeland security duties;''; (D) by inserting after paragraph (4) the following: ``(5) award grants to hire school resource officers and to establish school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, and other problems in and around elementary and secondary schools;''; (E) by striking paragraph (9); (F) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively; (G) by striking paragraph (13); (H) by redesignating paragraphs (14) through (17) as paragraphs (12) through (15), respectively; (I) in paragraph (14), as so redesignated, by striking ``and'' at the end; (J) in paragraph (15), as so redesignated, by striking the period at the end and inserting a semicolon; and (K) by adding at the end the following: ``(16) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of methamphetamine; ``(17) hire and rehire civilian forensic analysts and laboratory personnel; ``(18) establish criminal gang enforcement task forces, consisting of members of Federal, State, and local law enforcement authorities (including Federal, State, and local prosecutors), for the coordinated investigation, disruption, apprehension, and prosecution of criminal gangs and offenders involved in local or multi-jurisdictional gang activities; and ``(19) award enhancing community policing and crime prevention grants that meet emerging law enforcement needs.''; (3) by striking subsection (c); (4) by striking subsections (h) and (i); (5) by redesignating subsections (d) through (g) as subsections (f) through (i), respectively; (6) by inserting after subsection (b) the following: ``(c) Troops-to-Cops Programs.-- ``(1) In general.--Grants made under subsection (a) may be used to hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community- oriented policing, particularly in communities that are adversely affected by a recent military base closing. ``(2) Definition.--In this subsection, `former member of the Armed Forces' means a member of the Armed Forces of the United States who has been honorably discharged from the Armed Forces of the United States. ``(d) Community Prosecutors Program.--The Attorney General may make grants under subsection (a) to pay for additional community prosecuting programs, including programs that assign prosecutors to-- ``(1) handle cases from specific geographic areas; and ``(2) address counter-terrorism problems, specific violent crime problems (including intensive illegal gang, gun, and drug enforcement) and quality of life initiatives, and localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others. ``(e) Technology Grants.--The Attorney General may make grants under subsection (a) to develop and use new technologies (including interoperable communications technologies, modernized criminal record technology, and forensic technology) to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies.''; (7) in subsection (f), as so redesignated-- (A) in paragraph (1), by striking ``to States, units of local government, Indian tribal governments, and to other public and private entities,''; (B) in paragraph (2), by striking ``define for State and local governments, and other public and private entities,'' and inserting ``establish''; (C) in the first sentence of paragraph (3), by inserting ``(including regional community policing institutes)'' after ``training centers or facilities''; and (D) by adding at the end the following: ``(4) Exclusivity.--The Office of Community Oriented Policing Services shall be the exclusive component of the Department of Justice to perform the functions and activities specified in this part.''; (8) in subsection (g), as so redesignated, by striking ``may utilize any component'', and all that follows and inserting ``shall use the Office of Community Oriented Policing Services of the Department of Justice in carrying out this part.''; (9) in subsection (h), as so redesignated-- (A) by striking ``subsection (a)'' the first place that term appears and inserting ``paragraphs (1) and (2) of subsection (b)''; and (B) by striking ``in each fiscal year pursuant to subsection (a)'' and inserting ``in each fiscal year for purposes described in paragraph (1) and (2) of subsection (b)''; (10) in subsection (i), as so redesignated-- (A) by striking ``the Federal share shall decrease from year to year for up to 5 years'' and inserting ``unless the Attorney General waives the non-Federal contribution requirement as described in the preceding sentence, the non-Federal share of the costs of hiring or rehiring such officers may be less than 25 percent of such costs for any year during the grant period, provided that the non-Federal share of such costs shall not be less than 25 percent in the aggregate for the entire grant period, but the State or local government should make an effort to increase the non-Federal share of such costs during the grant period''; and (B) by adding at the end the following new sentence: ``The preceding sentences shall not apply with respect to any program, project, or activity provided by a grant made pursuant to subsection (b)(4).''; and (11) by adding at the end the following: ``(j) Retention of Additional Officer Positions.--For any grant under paragraph (1) or (2) of subsection (b) for hiring or rehiring career law enforcement officers, a grant recipient shall retain each additional law enforcement officer position created under that grant for not less than 12 months after the end of the period of that grant, unless the Attorney General waives, wholly or in part, the retention requirement of such grant. ``(k) Treatment of Grant for Hiring Civilian Forensic Analysts and Laboratory Personnel.--A grant awarded under this section for hiring and rehiring of civilian forensic analysts and laboratory personnel (in accordance with paragraph (17) of subsection (b)) shall be subject to the same treatment, limitations, and renewal requirements under this part as grants awarded under this section for hiring and rehiring of career law enforcement personnel (in accordance with paragraphs (1) and (2) of subsection (b)).''. (b) Applications.--Section 1702 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by inserting ``, unless waived by the Attorney General'' after ``under this part shall''; and (B) in paragraph (8), by striking ``share of the cost'' and all that follows and inserting ``share of the costs during the grant period, how the applicant will maintain the increased hiring level of the law enforcement officers, and how the applicant will eventually assume responsibility for all of the costs for such officers;''; and (2) by striking subsection (d). (c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as follows: ``SEC. 1703. RENEWAL OF GRANTS. ``(a) In General.--Except as provided in subsection (b), a grant made under this part may be renewed, without limitations on the duration of such renewal, to provide additional funds if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. ``(b) Grants for Hiring.--Grants made under this part for hiring or rehiring additional career law enforcement officers may be renewed for up to 5 years, except that the Attorney General may waive such 5-year limitation for good cause. ``(c) No Cost Extensions.--Notwithstanding subsections (a) and (b), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award.''. (d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended-- (1) in subsection (a)-- (A) by striking ``that would, in the absence of Federal funds received under this part, be made available from State or local sources'' and inserting ``that the Attorney General determines would, in the absence of Federal funds received under this part, be made available for the purpose of the grant under this part from State or local sources''; and (B) by adding at the end the following new sentence: ``The preceding sentence shall not apply with respect to funds made available under this part by a grant made pursuant to subsection (a) for the purposes described in subsection (b)(4).''; and (2) by striking subsection (c). (e) Study of Program Effectiveness.--Section 1705 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-4) is amended by adding at the end the following new subsection: ``(d) Study of Program Effectiveness.-- ``(1) In general.--The Attorney General shall provide for a scientific study of the effectiveness of the programs, projects, and activities funded under this part in reducing crime. Such study shall include identified best practices for community policing that have demonstrated results for building and strengthening the relationship between police departments and the communities such departments serve. ``(2) Study.--The Attorney General shall select one or more institutions of higher education, including historically Black colleges and universities, to conduct the study described in paragraph (1). ``(3) Reports.--Not later than 4 years after the date of the enactment of the COPS Improvements Act of 2009, the institution or institutions selected under paragraph (2) shall report the findings of the study described in paragraph (1) to the Attorney General. Not later than 30 days after the receipt of such report, the Attorney General shall report such findings to the appropriate committees of Congress, along with any recommendations the Attorney General may have relating to the effectiveness of the programs, projects, and activities funded under this part in reducing crime.''. (f) Enforcement Actions.--Section 1706 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended-- (1) in the section heading, by striking ``revocation or suspension of funding'' and inserting ``enforcement actions''; and (2) by striking ``revoke or suspend'' and all that follows and inserting ``take any enforcement action available to the Department of Justice.''. (g) Definitions.--Section 1709(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended by inserting ``who is a sworn law enforcement officer'' after ``permanent basis''. (h) Authorization of Appropriations.--Section 1001(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended-- (1) in subparagraph (A), by striking ``1,047,119,000 for each of fiscal years 2006 through 2009'' and inserting ``1,800,000,000 for each of fiscal years 2009 through 2014''; and (2) in subparagraph (B)-- (A) in the first sentence, by striking ``3 percent may be used for technical assistance under section 1701(d)'' and inserting ``5 percent may be used for technical assistance under section 1701(f)''; and (B) by striking the second sentence and inserting the following: ``Of the funds available for grants under part Q, not less than $1,250,000,000 shall be used for grants for the purposes specified in section 1701(b), not more than $200,000,000 shall be used for grants under section 1701(d), and not more than $350,000,000 shall be used for grants under section 1701(e).''. (i) Purposes.--Section 10002 of the Public Safety Partnership and Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended-- (1) in paragraph (4), by striking ``development'' and inserting ``use''; and (2) in the matter following paragraph (4), by striking ``for a period of 6 years''. (j) COPS Program Improvements.-- (1) In general.--Section 109(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is amended-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (C) in paragraph (2), as so redesignated, by inserting ``, except for the program under part Q of this title'' before the period. (2) Law enforcement computer systems.--Section 107 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712f) is amended by adding at the end the following: ``(c) Exception.--This section shall not apply to any grant made under part Q of this title.''. (k) Effective Date.--This section and the amendments made by this section shall apply with respect to grants awarded under part Q of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) on or after the date of enactment of this Act. SEC. 3. REPORT BY INSPECTOR GENERAL REQUIRED. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall submit to Congress a report on the Public Safety and Community Policing (``COPS ON THE BEAT'') grant program authorized by part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), including the elements described in subsection (b). (b) Elements of Report.--The report submitted under subsection (a) shall include information on the following, with respect to the grant program described in such subsection: (1) The effect of the program on the rate of violent crime, drug offenses, and other crimes. (2) The degree to which State and local governments awarded a grant under the program contribute State and local funds, respectively, for law enforcement programs and activities. (3) Any waste, fraud, or abuse within the program. (c) Random Sampling Required.--For purposes of subsection (a), the Inspector General of the Department of Justice shall audit and review a random sampling of State and local law enforcement agencies. Such sampling shall include-- (1) law enforcement agencies of various sizes; (2) law enforcement agencies that serve various populations; and (3) law enforcement agencies that serve areas of various crime rates. Passed the House of Representatives April 23, 2009. Attest: LORRAINE C. MILLER, Clerk.
COPS Improvements Act of 2009 - (Sec. 2) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the authority of the Attorney General to make competitive grants under the public safety and community policing grant program (COPS grant program) to states, local and Indian tribal governments, other public and private entities, multi-jurisdictional or regional consortia, and individuals to: (1) train officers hired to perform intelligence, anti-terror, or homeland security duties; (2) hire school resource officers and establish local partnerships to combat crime, gangs, drug activities, and other problems in elementary and secondary schools; (3) establish and implement innovative programs to reduce and prevent illegal drug activities, including the manufacturing, distribution, and use of methamphetamine; (4) hire and rehire civilian forensic analysts and laboratory personnel; (5) establish criminal gang enforcement task forces; and (6) meet emerging law enforcement needs. Authorizes the use of COPS grants to hire honorably discharged members of the Armed Forces to serve as career law enforcement officers. Authorizes the Attorney General to make grants for: (1) assigning prosecutors to handle cases from specific geographic areas and to address counter-terrorism problems and violent crime in local communities; and (2) developing new technologies to assist state and local law enforcement agencies in crime prevention and training. Grants the Office of Community Oriented Policing Services exclusive authority to perform functions and activities under the COPS grant program. Authorizes the Attorney General to extend grant periods and to renew grants if the grant recipient can demonstrate significant progress in achieving the objectives of the initial grant application. Directs the Attorney General to provide for a scientific study of the effectiveness of the programs, projects, and activities under the grant program in reducing crime. Increases and extends the authorization of appropriations for the COPS grant program for FY2009-FY2014. (Sec. 3) Requires the Inspector General of the Department of Justice (DOJ) to report to Congress on the effect of the COPS grant program on the rate of violent crime, drug offenses, and other crimes, the degree to which state and local government grant recipients contribute funds for law enforcement programs and activities, and any waste, fraud, or abuse within the program. Requires the Inspector General, in making such report, to audit and review a random sampling of state and local law enforcement agencies.
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SECTION 1. SHORT TITLE. This Act may be cited as ``Mynisha's Law''. SEC. 2. FINDINGS. Congress finds-- (1) with an estimated 26,500 gangs operating within the United States, gang violence and drug trafficking remain serious problems throughout the country, causing injury and death to innocent victims, often children; (2) on November 13, 2005, a gang-related dispute broke out in San Bernardino, California, and gunfire sprayed an apartment building, killing 11-year-old Mynisha Crenshaw and seriously wounding her 14-year-old sister as they ate Sunday dinner with their family; (3) this tragic shooting symbolizes the struggle that so many communities across the United States, like San Bernardino, face in combating gang violence, and serves as a reminder of the nationwide problem of protecting children from senseless violence; (4) according to the National Drug Threat Assessment, criminal street gangs are responsible for the distribution of much of the cocaine, methamphetamine, heroin, and other illegal drugs throughout the United States; (5) the Federal Government has made an increased commitment to the suppression of gang violence through enhanced law enforcement and criminal penalties; and (6) more Federal resources and coordination are needed to reduce gang violence through proven and proactive prevention and intervention programs that focus on keeping at-risk youth in school and out of the criminal justice system. SEC. 3. DESIGNATION AS A HIGH INTENSITY GANG ACTIVITY AREA. (a) In General.--A unit of local government, city, county, tribal government, or a group of counties (whether located in 1 or more States) may submit an application to the Attorney General for designation as a High Intensity Gang Activity Area. (b) Criteria.-- (1) In general.--The Attorney General shall establish criteria for reviewing applications submitted under subsection (a). (2) Considerations.--In establishing criteria under subsection (a) and evaluating an application for designation as a High Intensity Gang Activity Area, the Attorney General shall consider-- (A) the current and predicted levels of gang crime activity in the area; (B) the extent to which violent crime in the area appears to be related to criminal gang activity; (C) the extent to which the area is already engaged in local or regional collaboration regarding, and coordination of, gang prevention activities; and (D) such other criteria as the Attorney General determines to be appropriate. SEC. 4. PURPOSE OF THE TASK FORCE. (a) In General.--In order to coordinate Federal assistance to High Intensity Gang Activity Areas, the Attorney General shall establish an Interagency Gang Prevention Task Force (in this Act referred to as the ``Task Force'') in each such area, consisting of a representative from-- (1) the Department of Justice; (2) the Department of Education; (3) the Department of Labor; (4) the Department of Health and Human Services; and (5) the Department of Housing and Urban Development. (b) Coordination.--For each High Intensity Gang Activity Area designated by the Attorney General under section 3, the Task Force shall-- (1) coordinate the activities of the Federal Government to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, community policing, and comprehensive community-based programs such as Operation Cease Fire; and (2) coordinate its efforts with local and regional gang prevention efforts. (c) Programs.--Each Task Force shall prioritize the needs of a High Intensity Gang Activity Area for funding under-- (1) the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); (2) the Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.); (3) the Healthy Start Initiative under section 330H of the Public Health Services Act (42 U.S.C. 254c-8); (4) the Head Start Act (42 U.S.C. 9831 et seq.); (5) the 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.); (6) the Job Corps program under subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.); (7) the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); (8) the Gang Resistance Education and Training projects under subtitle X of title III of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13921); (9) any program administered by the Office of Community Oriented Policing Services; (10) the Juvenile Accountability Block Grant program under part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.); (11) the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.); and (12) any other program that the Task Force determines to be appropriate. (d) Reporting Requirements.-- (1) Annual task force reports to ag.--Not later than September 1 of each year, each Task Force shall submit to the Attorney General a report on the funding needs and programmatic outcomes for each area designated as a High Intensity Gang Activity Area. (2) Annual ag report to congress.--Not later than December 1 of each year, the Attorney General shall submit a report to the appropriate committees of Congress and the Director of the Office of Management and Budget and the Domestic Policy Council that describes, for each designated High Intensity Gang Activity Area-- (A) the specific long-term and short-term goals and objectives of each such area; (B) the measurements used to evaluate the performance of the High Intensity Gang Activity Area in achieving the long-term and short-term goals described under subparagraph (A); (C) the age, composition, and membership of gangs in each such area; (D) the number and nature of crimes committed by gangs and gang members in each such area; (E) the definition of the term ``gang'' used to compile the information required under this subsection for each such area; and (F) the programmatic outcomes and funding need of each High Intensity Gang Activity Area, including-- (i) an evidence-based analysis of the best practices and outcomes from the work of the relevant local collaborative working group; and (ii) an analysis of whether Federal resources distributed meet the needs of the High Intensity Gang Activity Area and, if any programmatic funding shortfalls exist, recommendations for programs or funding to meet such shortfalls. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to meet any needs identified by the Attorney General or in any report submitted under section 4(d)(2).
Mynisha's Law - Authorizes any local or tribal government to submit an application to the Attorney General for designation as a High Intensity Gang Activity Area. Directs the Attorney General to: (1) establish criteria for reviewing such applications; and (2) establish an Interagency Gang Prevention Task Force in each Area. Directs each Task Force to: (1) coordinate government activities to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, community policing, and comprehensive community-based programs such as Operation Cease Fire; (2) coordinate with local and regional gang prevention efforts; (3) prioritize the needs of each Area for funding under specified federal community assistance and grant programs; and (4) report to the Attorney General on the funding needs and programmatic outcomes for each Area. Requires the Attorney General to report to Congress, the Director of the Office of Management and Budget (OMB) and the Domestic Policy Council annually on: (1) the specific long-term and short-term goals and objectives of each Area; (2) the measurements used to evaluate each Area's performance; (3) the gangs and gang crimes committed in each Area; and (5) the programmatic outcomes and funding need of each Area.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``1995 Franklin Delano Roosevelt Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the people of the United States feel a deep debt of gratitude to Franklin Delano Roosevelt for his leadership in America's struggle for peace, well-being, and human dignity; (2) the year 1995 marks the 50th anniversary of the death of President Franklin Delano Roosevelt, who died April 12, 1945, in Warm Springs, Georgia; (3) Franklin Delano Roosevelt served his country as the 32d President from 1932 until his death in 1945. He is the only United States President elected to four terms in office; (4) Franklin Delano Roosevelt served the State of New York as Governor from 1928 through 1932; (5) Franklin Delano Roosevelt served his country as the United States Assistant Secretary of the Navy from 1913 through 1920; (6) Franklin Delano Roosevelt piloted the American people through the economic chaos of the Great Depression; (7) Franklin Delano Roosevelt, as our commander in chief, led the American people through the turmoil of World War II; (8) Franklin Delano Roosevelt established Social Security, thus providing all Americans with a more abundant and secure life; (9) Franklin Delano Roosevelt was the author of ``The Four Freedoms: Freedom of Speech, Freedom of Worship, Freedom from Want, and Freedom from Fear''; (10) Franklin Delano Roosevelt was the founder of the National Foundation for Infantile Paralysis, parent organization of the March of Dimes; and (11) Franklin Delano Roosevelt was the chief architect of the United Nations. SEC. 3. COIN SPECIFICATIONS. (a) One Dollar Silver Coins.-- (1) Issuance.--The Secretary shall issue not more than 500,000 one dollar coins which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (2) Design.--The design of the dollar coins shall bear a likeness of Franklin Delano Roosevelt. On each such coin there shall be a designation of the value of the coin, an inscription of the year ``1995'', and inscriptions of the terms ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Alterations.--Additions or alterations to the design of the coin shall be made only after consultation with, and approval by, the Franklin Delano Roosevelt Memorial Commission. (b) Legal Tender.--The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--The coins issued under this Act shall be numismatic items for purposes of section 5134 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 5. SELECTION OF DESIGN. The design for each coin authorized by this Act shall be selected by the Secretary after consultation with the Franklin Delano Roosevelt Memorial Commission. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders at a Discount.--The Secretary shall accept prepaid orders for the coins prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount to reflect the benefit of prepayment. (c) Surcharge Required.--All sales shall include a surcharge of $10 per coin. SEC. 7. ISSUANCE OF THE COINS. (a) Period for Issuance.--The coins authorized under this Act shall be available for issue not later than January 1, 1995, but shall be issued only during the 1-year period beginning on such date. (b) Proof and Uncirculated Coins.--The coins authorized under this Act shall be issued in uncirculated and proof qualities. Not more than 1 facility of the Bureau of the Mint may be used to strike any particular combination of denomination and quality. SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services required to carry out this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 9. DISTRIBUTION OF SURCHARGES. The surcharges received by the Secretary from the sale of the coins issued under this Act shall be promptly paid by the Secretary in the following manner: (1) An amount equal to 50 percent of the total surcharges shall be paid to the National Park Foundation Restricted Account for the Franklin Delano Roosevelt Memorial. (2) An amount equal to 50 percent of the total surcharges shall be paid to the National Park Service Restricted Construction Account for the Franklin Delano Roosevelt Memorial. SEC. 10. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the account referred to in section 9 as may be related to the expenditure of amounts paid under such section. SEC. 11. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that the minting and issuance of the coins referred to in section 3 shall not result in any net cost to the Federal Government. (b) Payment for Issuance of Coins.--No coin shall be issued under this Act unless the Secretary has received-- (1) full payment for such 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.
1995 Franklin Delano Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins bearing a likeness of Franklin Delano Roosevelt. Requires the Secretary to distribute proceeds from surcharges ($10 per coin) in equal allocations to: (1) the National Park Foundation Restricted Account for the Franklin Delano Roosevelt Memorial; and (2) the National Park Service Restricted Construction Account for the Franklin Delano Roosevelt Memorial.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Access to Emergency Medical Care Act of 1996''. SEC. 2. REQUIREMENTS FOR MEDICARE MANAGED CARE. (a) Access to Emergency Services.--Section 1876(c) of the Social Security Act (42 U.S.C. 1395mm(c)) is amended by adding at the end the following: ``(9)(A) A risk-sharing contract under this section shall require an eligible organization that provides any coverage with respect to emergency services to cover emergency services furnished to a member enrolled with the organization-- ``(i) without regard to whether or not the provider furnishing the emergency services has a contractual or other arrangement with the organization for the provision of such services to such members, and ``(ii) without regard to prior authorization. ``(B)(i) A risk-sharing contract under this section shall require an eligible organization that provides any coverage with respect to emergency services-- ``(I) to determine and make prompt payment (within the meaning of subsection (g)(6)(A)) in a reasonable and appropriate amount for such services (including services required to be provided under section 1867), and ``(II) subject to clause (ii), to not impose cost-sharing for services furnished in a hospital emergency department that is calculated in a manner (such as the use of a different percentage) that imposes greater cost sharing with respect to such services compared to comparable services furnished in other settings. ``(ii) An eligible organization may impose a reasonable copayment (as determined in accordance with standards established by the Secretary) in lieu of coinsurance to deter inappropriate use of services of hospital emergency departments. ``(C) In this paragraph, the term `emergency services' has the same meaning as in paragraph (10)(D).''. (b) Timely Authorization for Promptly Needed Care Identified as a Result of Required Screening Evaluation.--Section 1876(c) of such Act (42 U.S.C. 1395mm(c)), as amended by subsection (a), is amended by adding at the end the following: ``(10)(A) The organization must provide access 24 hours a day, 7 days a week to individuals who are authorized to make any prior authorizations required by the organization for coverage of items and services (other than emergency services) that a treating physician or other emergency department personnel identify, pursuant to a screening evaluation required under section 1867(a), as being needed promptly by an individual enrolled with the organization under this part. ``(B) The organization is deemed to have approved a request for such promptly needed items and services if the physician or other emergency department personnel involved-- ``(i) has made a reasonable effort to contact an individual described in subparagraph (A) for authorization to provide an appropriate referral for such items and services or to provide the items and services to the individual and access to the person has not been provided (as required in subparagraph (A)), or ``(ii) has requested such authorization from the person and the person has not denied the authorization within 30 minutes after the time the request is made. ``(C) Approval of a request for a prior authorization determination (including a deemed approval under subparagraph (B)) shall be treated as approval of a request for any items and services that are required to treat the medical condition identified pursuant to the required screening evaluation. ``(D) In this paragraph, the term `emergency services' means-- ``(i) health care items and services furnished in the emergency department of a hospital (including a trauma center), and ``(ii) ancillary services routinely available to such department, to the extent they are required to evaluate and treat an emergency medical condition (as defined in subparagraph (E)) until the condition is stabilized (as defined in subparagraph (F)). ``(E) In subparagraph (D), the term `emergency medical condition' means a medical condition, the onset of which is sudden, that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in-- ``(i) placing the person's health in serious jeopardy, ``(ii) serious impairment to bodily functions, or ``(iii) serious dysfunction of any bodily organ or part. ``(F) In subparagraph (D), the term `stabilized' means, with respect to an emergency medical condition, that no material deterioration of the condition is likely, within reasonable medical probability, to result or occur before an individual can be transferred in compliance with the requirements of section 1867.''. (c) Conforming Amendment.--Section 1876(c)(4)(B) of such Act (42 U.S.C. 1395mm(c)(4)(B)) is amended by inserting ``subject to paragraphs (9) and (10),'' before ``provide''. (d) Effective Date.--The amendments made by subsections (a) and (b) shall be effective for contract years beginning on or after the date of the enactment of this Act.
Medicare Access to Emergency Medical Care Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act to establish requirements for Medicare managed care regarding access to emergency services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Commercial Human Ascent Serving Expeditions Act'' or the ``Space CHASE Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the goal of opening space to the American people and their private commercial, scientific, and cultural enterprises should guide Federal space investments, policies, and regulations; (2) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space, and greater private investment in these efforts will stimulate the Nation's commercial space transportation industry as a whole; (3) space transportation is inherently risky; (4) a critical area of responsibility for the Office of the Associate Administrator for Commercial Space Transportation is to regulate the emerging commercial human space flight industry; and (5) the public interest is served by creating a clear legal and regulatory regime for commercial human space flight. SEC. 3. AMENDMENTS. (a) Findings and Purposes.--Section 70101 of title 49, United States Code, is amended-- (1) in subsection (a)(3), by inserting ``human space flight,'' after ``microgravity research,''; and (2) in subsection (a)(4)-- (A) by striking ``satellite''; and (B) by striking ``services now available from'' and inserting ``capabilities of''. (b) Definitions.--Section 70102 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (2) through (17) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (18), (21), and (22), respectively; (2) by inserting after paragraph (1) the following new paragraph: ``(2) `crew' means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings.''; (3) in paragraph (4), as redesignated by paragraph (1) of this subsection, by inserting ``, crew, or space flight participant'' after ``any payload''; (4) in paragraph (6)(A), as redesignated by paragraph (1) of this subsection, by striking ``and payload'' and inserting ``, payload, crew (including crew training), or space flight participant''; (5) in paragraph (8)(A), as redesignated by paragraph (1) of this subsection, by inserting ``or human beings'' after ``place a payload''; (6) by inserting after paragraph (10), as redesignated by paragraph (1) of this subsection, the following new paragraph: ``(11) `permit' means an experimental permit issued under section 70105.''; (7) in paragraph (13), as redesignated by paragraph (1) of this subsection, by inserting ``crew, or space flight participants,'' after ``and its payload,''; (8) in paragraph (14)(A), as redesignated by paragraph (1) of this subsection, by striking ``and its payload'' inserting ``and payload, crew (including crew training), or space flight participant''; (9) by inserting after paragraph (16), as redesignated by paragraph (1) of this subsection, the following new paragraph: ``(17) `space flight participant' means an individual, who is not crew, carried within a launch vehicle or reentry vehicle.''; (10) by inserting after paragraph (18), as redesignated by paragraph (1) of this subsection, the following new paragraphs: ``(19) `suborbital rocket' means a vehicle, rocket- propelled in whole or in part, intended for flight on a suborbital trajectory whose thrust is greater than its lift for the majority of the rocket-powered portion of its flight. ``(20) `suborbital trajectory' means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth.''; and (11) in paragraph (21), as redesignated by paragraph (1) of this subsection-- (A) by striking ``or'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(E) crew or space flight participants.''. (c) Commercial Human Space Flight.--(1) Section 70103(a) of title 49, United States Code, is amended-- (A) by inserting ``, through the Associate Administrator for Commercial Space Transportation,'' after ``Secretary of Transportation''; and (B) by adding at the end the following new sentence: ``The Secretary of Transportation shall ensure that the Associate Administrator for Commercial Space Transportation has sufficient personnel from within the Federal Aviation Administration to carry out this chapter.''. (2) Section 70103(b)(1) of title 49, United States Code, is amended by inserting ``, including those involving space flight participants'' after ``private sector''. (3) Section 70104(a) of title 49, United States Code, is amended-- (A) by striking ``License Requirement.--A license issued or transferred under this chapter'' and inserting ``Requirement.-- A license issued or transferred under this chapter, or a permit,''; and (B) by inserting after paragraph (4) the following: ``Notwithstanding this subsection, a permit shall not authorize a person to operate a launch site or reentry site.''. (4) Section 70104(b) of title 49, United States Code, is amended by inserting ``or permit'' after ``holder of a license''. (5) Section 70104 of title 49, United States Code, is amended by adding at the end the following: ``(d) Limitation on Conditions.--(1) The Secretary of Transportation shall not make it a condition or requirement for a person who receives a license or experimental permit under this chapter to obtain any other license, permit, certificate, or other legal instrument from the Secretary for the conduct of the activity, including flight and return, for which the license or permit was issued. ``(2) The Secretary of Transportation shall not require any additional license, permit, certificate, or other legal instrument be obtained from the Department of Transportation for any activity, including flight and return, for which a license or experimental permit has been issued under this chapter.''. (6) The section heading of section 70105 of title 49, United States Code, is amended by striking ``License applications'' and inserting ``Applications'', and the item relating to that section in the table of sections for chapter 701 of title 49, United States Code, is amended accordingly. (7) Section 70105(a) of title 49, United States Code, is amended-- (A) by striking ``Applications.--'' and inserting ``Licenses.--''; (B) in paragraph (1), by striking ``subsection (b)(2)(D)'' both places it appears and inserting ``subsection (c)(2)(D)''; and (C) in paragraph (2), by inserting ``, including crews,'' after ``or personnel''. (8) Section 70105 of title 49, United States Code, is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Experimental.--(1) A person may apply to the Secretary of Transportation for an experimental permit under this subsection in the form and manner the Secretary prescribes. Consistent with the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 90 days after receiving an application pursuant to this subsection, shall issue a permit if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 60 days after receiving an application. The Secretary shall transmit to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 15 days after any occurrence when a permit is not issued within the deadline established by this subsection. ``(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel, including crews, that may be used in conducting commercial space launch or reentry activities pursuant to a permit. ``(3) In order to encourage the development of a commercial space flight industry, the Secretary, to the greatest extent practicable, shall when issuing permits use the authority granted under subsection (c)(2)(C). ``(4) The Secretary may issue a permit only for reusable suborbital rockets that will be launched or reentered solely for-- ``(A) research and development to test new design concepts, new equipment, or new operating techniques; ``(B) showing compliance with requirements as part of the process for obtaining a license under this chapter; or ``(C) crew training prior to obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued. ``(5) Permits issued under this subsection shall-- ``(A) authorize an unlimited number of launches and reentries for a particular suborbital rocket design for the uses described in paragraph (4); and ``(B) specify the modifications that may be made to the suborbital rocket without changing the design to an extent that would invalidate the permit. ``(6) Permits shall not be transferable. ``(7) A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design. ``(8) No person may operate a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire. ``(9) For the purposes of sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121 of this chapter-- ``(A) a permit shall be considered a license; ``(B) the holder of a permit shall be considered a licensee; ``(C) a vehicle operating under a permit shall be considered to be licensed; and ``(D) the issuance of a permit shall be considered licensing. This paragraph shall not be construed to allow the transfer of a permit.''. (9) Section 70105(c)(1) of title 49, United States Code, as redesignated by paragraph (7) of this subsection, is amended by inserting ``or permit'' after ``for a license''. (10) Section 70105(c)(2)(B) of title 49, United States Code, as redesignated by paragraph (7) of this subsection, is amended by striking ``an additional requirement'' and inserting ``any additional requirement''. (11) Section 70105(c)(2)(C) of title 49, United States Code, as redesignated by paragraph (7) of this subsection, is amended by inserting ``or permit'' after ``for a license''. (12) Section 70105(c)(2)(D) of title 49, United States Code, as redesignated by paragraph (7) of this subsection, is amended by inserting ``or permit'' after ``for a license''. (13) Section 70105(c)(3) of title 49, United States Code, as redesignated by paragraph (7) of this subsection, is amended by adding at the end the following: ``Nothing in this paragraph shall be construed to allow the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.''. (14) Section 70105(c) of title 49, United States Code, as redesignated by paragraph (7) of this subsection, is amended by adding at the end the following new paragraphs: ``(4) The holder of a license or a permit under this chapter may launch or reenter crew only if-- ``(A) the crew has received training and has satisfied medical or other standards specified in the license or permit in accordance with regulations promulgated by the Secretary; and ``(B) the holder of the license or permit and crew have complied with all requirements of the laws of the United States that apply to crew. ``(5) The holder of a license or a permit under this chapter may launch or reenter a space flight participant only if-- ``(A) in accordance with regulations promulgated by the Secretary, the holder of the license or permit has informed the space flight participant in writing about the risks of the launch or reentry, including the safety record of the launch or reentry vehicle type, and the space flight participant has provided written informed consent to participation in the launch or reentry; and ``(B) the holder of the license or permit and space flight participant have complied with all requirements of the laws of the United States related to launching or reentering a space flight participant.''. (15) Section 70105(d) of title 49, United States Code, as redesignated by paragraph (7) of this subsection, is amended by inserting ``or permit'' after ``of a license''. (16) Section 70106(a) of title 49, United States Code, is amended-- (A) by inserting ``at a site used for crew training,'' after ``assemble a launch vehicle or reentry vehicle,''; and (B) by striking ``section 70104(c)'' and inserting ``sections 70104(c) and 70105(c)(4)''. (17) Section 70110(a)(1) of title 49, United States Code, is amended by striking ``70105(a)'' and inserting ``70105''. (18) Section 70112(b)(1) of title 49, United States Code, is amended-- (A) by inserting ``space flight participants,'' after ``its contractors, subcontractors,''; (B) by inserting ``or by space flight participants,'' after ``its own employees''; and (C) by adding at the end the following: ``The requirement for space flight participants to make a reciprocal waiver of claims with the licensee or transferee shall expire 3 years after the first licensed launch of a launch vehicle carrying a space flight participant.''. (19) Section 70112(b)(2) of title 49, United States Code, is amended-- (A) by inserting ``crew, space flight participants,'' after ``transferee, contractors, subcontractors,''; and (B) by inserting ``or by space flight participants,'' after ``its own employees''. (20) Section 70113(a)(1) of title 49, United States Code, is amended by inserting ``but not against a space flight participant,'' after ``subcontractor of a customer,''. (21) Section 70113(f) of title 49, United States Code, is amended by striking ``December 31, 2004.'' and inserting ``December 31, 2007. This section does not apply to permits.''. (22) Section 70115(b)(1)(D)(i) of title 49, United States Code, is amended by inserting ``crew training site,'' after ``site of a launch vehicle or reentry vehicle,''. (23) Section 70119 of title 49, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) $11,776,000 for fiscal year 2005; ``(2) $11,776,000 for fiscal year 2006; and ``(3) $11,776,000 for fiscal year 2007.''. (24) Section 70120 of title 49, United States Code, is amended by adding at the end the following new subsections: ``(c) Amendments.--Not later than 12 months after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary shall publish proposed regulations to carry out that Act, including regulations relating to crew, space flight participants, and permits for launch or reentry of reusable suborbital rockets. Not later than 18 months after such date of enactment, the Secretary shall issue final regulations. ``(d) Effective.--(1) Licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board and permits may be issued by the Secretary prior to the issuance of the regulations described in subsection (c). ``(2) As soon as practicable after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary shall issue guidelines or advisory circulars to guide the implementation of that Act until regulations are issued. ``(3) Notwithstanding paragraphs (1) and (2), no licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board or permits may be issued starting three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004 unless the final regulations described in subsection (c) have been issued.''. SEC. 4. STUDY ON THE GRADUAL ELIMINATION OF COMMERCIAL SPACE TRANSPORTATION LIABILITY RISK SHARING REGIME. Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall enter into an appropriate arrangement with the National Academy of Public Administration to conduct a study of how best to gradually eliminate the liability risk sharing regime in the United States for commercial space transportation under section 70113 of title 49, United States Code. The study shall assess methods by which the liability risk sharing regime could be eliminated by 2008 or as soon as possible thereafter and the impact those methods would be likely to have on the commercial space transportation industry. The methods examined shall include incremental approaches. SEC. 5. TECHNICAL AMENDMENT. Section 102(c) of the Commercial Space Act of 1998 is repealed.
Space Commercial Human Ascent Serving Expeditions Act (Space CHASE Act) - Amends Federal law concerning commercial space transportation to specify that the Secretary of Transportation shall carry out commercial space launch activities through the Associate Administrator for Commercial Space Transportation. Provides for the issuance of experimental permits for an unlimited number of launches of reusable suborbital rockets. Subjects to specified conditions reusable suborbital rockets and holders of licenses or permits to launch and reenter crews and space flight participants. Requires crew and space flight participants to execute reciprocal waivers of claims with licensees and permitees and the Federal government. Makes liability indemnification program requirements inapplicable to space flight participants. Extends liability insurance and financial responsibility requirements for three years. Requires the Secretary to arrange for the National Academy of Public Administration to study how best to gradually eliminate by 2008 or so the liability risk sharing regime for commercial space transportation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Water Protection Act''. SEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES. (a) In General.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(s) Prohibition on Sewage Dumping Into the Great Lakes.-- ``(1) Definitions.--In this subsection: ``(A) Bypass.--The term `bypass' means an intentional diversion of waste streams to bypass any portion of a treatment facility that results in a discharge into the Great Lakes. ``(B) Discharge.-- ``(i) In general.--The term `discharge' means a direct or indirect discharge of untreated sewage or partially treated sewage from a treatment works into the Great Lakes or a tributary of the Great Lakes. ``(ii) Inclusions.--The term `discharge' includes a bypass and a combined sewer overflow. ``(C) Great lakes.--The term `Great Lakes' has the meaning given the term in section 118(a)(3). ``(D) Partially treated sewage.--The term `partially treated sewage' means any sewage, sewage and storm water, or sewage and wastewater, from domestic or industrial sources that-- ``(i) is not treated to national secondary treatment standards for wastewater; or ``(ii) is treated to a level less than the level required by the applicable national pollutant discharge elimination system permit. ``(E) Treatment facility.--The term `treatment facility' includes all wastewater treatment units used by a publicly owned treatment works to meet secondary treatment standards or higher, as required to attain water quality standards, under any operating conditions. ``(F) Treatment works.--The term `treatment works' has the meaning given the term in section 212. ``(2) Prohibition.--A publicly owned treatment works is prohibited from performing a bypass unless-- ``(A)(i) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; ``(ii) there is not a feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and ``(iii) the treatment works provides notice of the bypass in accordance with this subsection; or ``(B) the bypass does not cause effluent limitations to be exceeded, and the bypass is for essential maintenance to ensure efficient operation of the treatment facility. ``(3) Limitation.--The requirement of paragraph (2)(A)(ii) is not satisfied if-- ``(A) adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass; and ``(B) the bypass occurred during normal periods of equipment downtime or preventive maintenance. ``(4) Immediate notice requirements.-- ``(A) In general.--The Administrator shall work with States having publicly owned treatment works subject to the requirements of this subsection to create immediate notice requirements in the event of discharge that provide for the method, contents, and requirements for public availability of the notice. ``(B) Minimum requirements.-- ``(i) In general.--At a minimum, the contents of the notice shall include-- ``(I) the exact dates and times of the discharge; ``(II) the volume of the discharge; and ``(III) a description of any public access areas impacted. ``(ii) Consistency.--Minimum requirements shall be consistent for all States. ``(C) Additional requirements.--The Administrator and States described in subparagraph (A) shall include-- ``(i) follow-up notice requirements that provide a more full description of each event, the cause, and plans to prevent reoccurrence; and ``(ii) annual publication requirements that list each treatment works from which the Administrator or the State receive a follow-up notice. ``(D) Timing.--The notice and publication requirements described in this paragraph shall be implemented not later than 2 years after the date of enactment of this subsection. ``(5) Sewage blending.--Bypasses prohibited by this section include bypasses resulting in discharges from a publicly owned treatment works that consist of effluent routed around treatment units and thereafter blended together with effluent from treatment units prior to discharge. ``(6) Implementation.--As soon as practicable, the Administrator shall establish procedures to ensure that permits issued under this section (or under a State permit program approved under this section) to a publicly owned treatment works include requirements to implement this subsection. ``(7) Increase in maximum civil penalty for violations occurring after january 1, 2035.--Notwithstanding section 309, in the case of a violation of this subsection occurring on or after January 1, 2035, or any violation of a permit limitation or condition implementing this subsection occurring after that date, the maximum civil penalty that shall be assessed for the violation shall be $100,000 per day for each day the violation occurs. ``(8) Applicability.--This subsection shall apply to a bypass occurring after the last day of the 1-year period beginning on the date of enactment of this subsection.''. (b) Great Lakes Cleanup Fund.-- (1) Establishment.--Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended-- (A) by redesignating section 519 (33 U.S.C. 1251 note) as section 520; and (B) by inserting after section 518 (33 U.S.C. 1377) the following: ``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND. ``(a) Definitions.--In this section: ``(1) Fund.--The term `Fund' means the Great Lakes Cleanup Fund established by subsection (b). ``(2) Great lakes; great lakes states.--The terms `Great Lakes' and `Great Lakes States' have the meanings given the terms in section 118(a)(3). ``(b) Establishment of Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Great Lakes Cleanup Fund' (referred to in this section as the `Fund'). ``(c) Transfers to Fund.--Effective January 1, 2035, there are authorized to be appropriated to the Fund amounts equivalent to the penalties collected for violations of section 402(s). ``(d) Administration of Fund.--The Administrator shall administer the Fund. ``(e) Use of Funds.--The Administrator shall-- ``(1) make the amounts in the Fund available to the Great Lakes States for use in carrying out programs and activities for improving wastewater discharges into the Great Lakes, including habitat protection and wetland restoration; and ``(2) allocate those amounts among the Great Lakes States based on the proportion that-- ``(A) the amount attributable to a Great Lakes State for penalties collected for violations of section 402(s); bears to ``(B) the total amount of those penalties attributable to all Great Lakes States. ``(f) Priority.--In selecting programs and activities to be funded using amounts made available under this section, a Great Lakes State shall give priority consideration to programs and activities that address violations of section 402(s) resulting in the collection of penalties.''. (2) Conforming amendments to state revolving fund program.--Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended-- (A) by striking ``There is'' and inserting ``(a) In General.--There is''; and (B) by adding at the end the following: ``(b) Treatment of Great Lakes Cleanup Fund.--For purposes of this title, amounts made available from the Great Lakes Cleanup Fund under section 519 shall be treated as funds authorized to be appropriated to carry out this title and as funds made available under this title, except that the funds shall be made available to the Great Lakes States in accordance with section 519.''.
Great Lakes Water Protection Act This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a publicly owned treatment works (POTW) from discharging untreated or partially treated sewage into the Great Lakes or a tributary of the Great Lakes when the discharge is the result of the POTW intentionally diverting waste streams to bypass any portion of a treatment facility. A bypass is allowed if: (1) it is unavoidable to prevent loss of life, personal injury, or severe property damage, there is no feasible alternative, and the treatment works provides notice; or (2) it does not cause effluent (waste) limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. The Environmental Protection Agency (EPA) must work with relevant states to create requirements for providing immediate notice to the public about discharges. The EPA must establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to comply with this bill. This bill establishes a maximum civil penalty of $100,000 per day for violations of the bill occurring on or after January 1, 2035. The penalties must be deposited into the Great Lakes Cleanup Fund, which is established by this bill. The Fund must be used for improving wastewater discharges.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Soil Health and Income Protection Program Act of 2017'' or the ``SHIPP Act of 2017''. SEC. 2. SOIL HEALTH AND INCOME PROTECTION PROGRAM. (a) In General.--Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1240M (16 U.S.C. 3839bb) the following: ``SEC. 1240N. SOIL HEALTH AND INCOME PROTECTION PROGRAM. ``(a) Definition of Eligible Land.--In this section: ``(1) In general.--The term `eligible land' means land that-- ``(A) is selected by the owner or operator of the land for proposed enrollment in the program under this section; and ``(B) as determined by the Secretary-- ``(i) had a cropping history or was considered to be planted during the 3 crop years preceding the crop year described in subsection (b)(2); and ``(ii) is verified to be less-productive land, as compared to other land on the applicable farm. ``(2) Exclusion.--The term `eligible land' does not include any land covered by a conservation reserve program contract under subchapter B of chapter 1 that expires during the crop year described in subsection (b)(2). ``(b) Establishment.-- ``(1) In general.--The Secretary shall establish a voluntary soil health and income protection program under which eligible land is enrolled through the use of agreements to assist owners and operators of eligible land to conserve and improve the soil, water, and wildlife resources of the eligible land. ``(2) Deadline for participation.--Eligible land may be enrolled in the program under this section only during the first crop year beginning after the date of enactment of this section. ``(c) Agreements.-- ``(1) Requirements.--An agreement described in subsection (b) shall-- ``(A) be entered into by the Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and ``(B) provide that, during the term of the agreement-- ``(i) the lowest practicable cost perennial conserving use cover crop for the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee, shall be planted on the eligible land; ``(ii) except as provided in paragraph (5), the owner or operator of the eligible land shall pay the cost of planting the conserving use cover crop under clause (i); ``(iii) subject to paragraph (6), the eligible land may be harvested for seed, hayed, or grazed outside the nesting and brood-rearing period established for the applicable county; ``(iv) the eligible land may be eligible for a walk-in access program of the applicable State, if any; and ``(v) a nonprofit wildlife organization may provide to the owner or operator of the eligible land a payment in exchange for an agreement by the owner or operator not to harvest the conserving use cover. ``(2) Payments.--Except as provided in paragraphs (5) and (6)(B)(ii), the annual rental rate for a payment under an agreement described in subsection (b) shall be equal to 50 percent of the average rental rate for the applicable county under section 1234(d), as determined by the Secretary. ``(3) Limitation on enrolled land.--Not more than 15 percent of the eligible land on a farm may be enrolled in the program under this section. ``(4) Term.-- ``(A) In general.--Except as provided in subparagraph (B), each agreement described in subsection (b) shall be for a term of 3, 4, or 5 years, as determined by the parties to the agreement. ``(B) Early termination.-- ``(i) Secretary.--The Secretary may terminate an agreement described in subsection (b) before the end of the term described in subparagraph (A) if the Secretary determines that the early termination of the agreement is necessary. ``(ii) Owners and operators.--An owner and (if applicable) an operator of eligible land enrolled in the program under this section may terminate an agreement described in subsection (b) before the end of the term described in subparagraph (A) if the owner and (if applicable) the operator pay-- ``(I) to the Secretary an amount equal to the amount of rental payments received under the agreement; and ``(II) if applicable, to the Federal Crop Insurance Corporation the amount of the increase in premium discounts provided under subparagraph (B) of section 508(d)(3) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)(3)). ``(5) Beginning, small, socially disadvantaged, young, or veteran farmers and ranchers.--With respect to a beginning, small, socially disadvantaged, young, or veteran farmer or rancher, as determined by the Secretary-- ``(A) an agreement described in subsection (b) shall provide that, during the term of the agreement, the beginning, underserved, or young farmer or rancher shall pay 50 percent of the cost of planting the conserving use cover crop under paragraph (1)(B)(i); and ``(B) the annual rental rate for a payment under an agreement described in subsection (b) shall be equal to 75 percent of the average rental rate for the applicable county under section 1234(d), as determined by the Secretary. ``(6) Harvesting, haying, and grazing outside applicable period.--The harvesting for seed, haying, or grazing of eligible land under paragraph (1)(B)(iii) outside of the nesting and brood-rearing period established for the applicable county shall be subject to the conditions that-- ``(A) with respect to eligible land that is so hayed or grazed, adequate stubble height shall be maintained to protect the soil on the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee; and ``(B) with respect to eligible land that is so harvested for seed-- ``(i) the eligible land shall not be eligible to be insured or reinsured under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and ``(ii) the rental payment otherwise applicable to the eligible land under this subsection shall be reduced by 25 percent. ``(d) Funding.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Adjustment of Base Acres.--Section 1112(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9012(b)(1)) is amended by adding at the end the following: ``(D) A soil health and income protection program agreement entered into under section 1240N of the Food Security Act of 1985 with respect to the farm expires or is terminated.''. (c) Crop Insurance.--Section 508(d)(3) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)(3)) is amended-- (1) by striking ``The Corporation'' and inserting the following: ``(A) In general.--The Corporation''; and (2) by adding at the end the following: ``(B) Increase for participation in soil health and income protection program.-- ``(i) In general.--Subject to clause (ii), the Corporation may increase the amount of a premium discount provided under this paragraph by not more than 2 percent (or not more than 3 percent with respect to a beginning, small, socially disadvantaged, young, or veteran farmer or rancher described in subsection (c)(5) of section 1240N of the Food Security Act of 1985) for any agricultural commodity planted in an insurable unit that contains any eligible land (as defined in subsection (a) of that section) that is enrolled in the soil health and income protection program under that section. ``(ii) Applicability.--An increase in the amount of a premium discount provided pursuant to clause (i)-- ``(I) shall apply only for a premium discount equal to less than 80 percent; and ``(II) shall not apply to a catastrophic risk protection plan provided under subsection (b). ``(iii) Multiple insurable units.--With respect to an agricultural producer that owns or operates multiple insurable units on 1 farm, at least 1 insurable unit of which contains eligible land (as defined in subsection (a) of section 1240N of the Food Security Act of 1985) that is enrolled in the soil health and income protection program under that section, an increase in the amount of a premium discount under this subparagraph shall apply to all insurable units of the agricultural producer on the farm.''.
Soil Health and Income Protection Program Act of 2017 or the SHIPP Act of 2017 This bill amends the Food Security Act of 1985 to establish a voluntary soil health and income protection program. Landowners and operators may enroll eligible land in the program by agreeing to adopt certain practices to conserve and improve the soil, water, and wildlife resources of the land for a period of three to five years in exchange for rental payments and additional crop insurance premium discounts. During the period of the agreement: the lowest practicable cost perennial conserving use cover crop must be planted on the enrolled land at the expense of the enrollee; the land may be harvested for seed, hayed, or grazed outside the nesting and brood-rearing period, but may not be insured and is subject to a 25% reduction in rental payments if the land is harvested for seed; the land may be eligible for a walk-in access program of the applicable state; and a nonprofit wildlife organization may provide to the owner or operator of the eligible land a payment in exchange for an agreement by the owner or operator not to harvest the conserving use cover. Beginning, small, socially disadvantaged, young, or veteran farmers and ranchers are only required to pay 50% of the cost of planting the conserving using cover crop and are eligible for increased payments and crop insurance premium discounts under the program. A maximum of 15% of the eligible land on a farm may be enrolled in the program.
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SECTION 1. FINDINGS. Congress finds the following: (1) Drought, population increases, and environmental needs are exacerbating water supply issues across the western United States, including on the Southern Ute Indian Reservation in southwestern Colorado. (2) A report of the General Accounting Office from 2006 identified significant issues with the Pine River Indian Irrigation Project, including that key facilities of the Pine River Indian Irrigation Project are severely deteriorated and barely, if at all, operable. (3) Operations and maintenance fees are not sufficient to address the Pine River Indian Irrigation Project's condition, even though the Bureau of Indian Affairs has sought to double those fees, from $8.50 to $17.00, in recent years. (4) The 2006 General Accounting Office report also notes that a prior study done by the Bureau of Reclamation found that water users could not even afford to pay the lower operations and maintenance fees of $8.50 and operate a profitable farming operation. (5) The benefits of rehabilitating and repairing the Pine River Indian Irrigation Project's irrigation infrastructure include-- (A) water conservation; (B) extending available water supply; (C) increasing agricultural production; (D) economic benefits; (E) safer facilities; and (F) preserving the culture of the Southern Ute Indian Tribe. (6) While the Pine River Indian Irrigation Project is currently managed by the Bureau of Indian Affairs, the Southern Ute Indian Tribe also receives water from facilities owned or operated by the Bureau of Reclamation. (7) Rehabilitation and repair of the Pine River Indian Irrigation Project's infrastructure by the Bureau of Reclamation would improve-- (A) overall water management; and (B) the ability of the Southern Ute Indian Tribe and the Bureau of Reclamation to address potential water conflicts. SEC. 2. DEFINITIONS. In this Act-- (1) Project.--The term ``project'' means the Pine River Indian Irrigation Project. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Colorado. (4) Tribal council.--The term ``Tribal Council'' means the Southern Ute Indian Tribal Council. (5) Tribe.--The term ``Tribe'' means the Southern Ute Indian Tribe. SEC. 3. PROJECT INFRASTRUCTURE STUDY. (a) Study.--The Secretary, in consultation with the Tribe, shall conduct a study of the project's irrigation infrastructure. (b) Improvements.-- (1) List.--Based on the results of the study required under subsection (a), the Secretary, in consultation with the Tribe, shall develop a list of improvements to repair, rehabilitate, or reconstruct the project over a 10-year period. The list shall include cost-estimates for each improvement. (2) Priority.--In developing the list of improvements, the Secretary shall prioritize the improvements based on-- (A) recommendations of the Tribe; (B) cost-benefit analyses; (C) the ability of the project's users to irrigate agricultural land using the project's irrigation infrastructure; (D) the effect on the conservation of water; (E) the cultural benefits that the improvements would have on the Tribe; and (F) the opportunity to address water supply or environmental conflicts. (c) Consultation.--The Secretary may consult with the Director of the Bureau of Indian Affairs and any other local or Federal official to assist developing the study or list of improvements. (d) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, and the Tribe a report including-- (1) the list of improvements required under subsection (b); and (2) any findings the Secretary determines relevant. (e) Biennial Review.--Not later than 2 years after the date on which the Secretary submits the report under subsection (d), and biennially thereafter, the Secretary, in consultation with the Tribe, shall-- (1) review the report; and (2) update the list of improvements in accordance with subsection (b)(2) as the Secretary determines to be appropriate. SEC. 4. IRRIGATION INFRASTRUCTURE GRANTS AND COOPERATIVE AGREEMENTS. (a) In General.--The Secretary may provide grants to, and enter into cooperative agreements with, the Tribe in order to repair, rehabilitate, reconstruct, or replace the project's irrigation infrastructure. (b) Limitation.--A grant or cooperative agreement under this section shall not be used for-- (1) the repair, rehabilitation, or reconstruction of any major impoundment structure; or (2) any on-farm improvements. (c) Consultation.--In carrying out a grant or cooperative agreement under subsection (a), the Secretary shall-- (1) consult with, and obtain the approval of, the Tribe; (2) consult with the Director of the Bureau of Indian Affairs; and (3) as appropriate, coordinate the project with any work being conducted under the irrigation operations and maintenance program of the Bureau of Indian Affairs. (d) Cost-Sharing.--The Secretary may require that to be eligible for a grant or cooperative agreement under this section, the Tribe shall provide matching, non-Federal funds in an amount equal to not less than 25 percent of the total amount of the grant or cooperative agreement. SEC. 5. FEDERAL AND STATE LAW. Nothing in this Act-- (1) affects the right of the Tribe to receive, divert, store, or claim a right to water, including the priority of right and the quantity of water associated with the water right under Federal or State law; or (2) preempts or affects-- (A) State water law; or (B) an interstate compact relating to the allocation of water. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Study.--There is authorized to be appropriated to carry out section 3 $4,000,000. (b) Projects.--There is authorized to be appropriated to carry out section 4 $10,000,000 for each of fiscal years 2010 through 2015.
Directs the Secretary of the Interior to study the irrigation infrastructure of the Pine River Indian Irrigation Project, Colorado, and develop a list of improvements to repair, rehabilitate, or reconstruct the Project over a 10-year period. Requires the Secretary to prioritize improvements based on: (1) recommendations of the Southern Ute Indian Tribe; (2) cost-benefit analyses; (3) the ability of the Project's users to irrigate agricultural land using the Project's irrigation infrastructure; (4) the effect on water conservation; (5) the cultural benefits that the improvements would have on the Tribe; and (6) the opportunity to address water supply or environmental conflicts. Authorizes the Secretary to provide grants to, and enter into cooperative agreements with, the Tribe in order to repair, rehabilitate, reconstruct, or replace the Project's irrigation infrastructure. Prohibits such a grant or agreement from being used for the repair, rehabilitation, or reconstruction of any major impoundment structure or for on-farm improvements. Requires the Secretary, in carrying out a grant or cooperative agreement, to: (1) consult with the Tribe and the Director of the Bureau of Indian Affairs (BIA) and obtain the Tribe's approval; and (2) coordinate the project with any work being conducted under the BIA's irrigation operations and maintenance program. Authorizes the Secretary to require the Tribe to provide nonfederal funds to match not less than 25% of the total amount of a grant or agreement.
{"src": "billsum_train", "title": "To direct the Secretary of the Interior to assess the irrigation infrastructure of the Pine River Indian Irrigation Project in the State of Colorado, and for other purposes."}
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SECTION 1. MODIFICATION OF SAVER'S CREDIT. (a) 50 Percent Credit for All Taxpayers: Expansion of Phaseout Ranges.--Subsection (b) of section 25B of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the applicable percentage is 50 percent. ``(2) Phaseout.--The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as-- ``(A) the excess of-- ``(i) the taxpayer's adjusted gross income for such taxable year, over ``(ii) the applicable dollar amount, bears to ``(B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the nearest whole percentage point. ``(3) Applicable dollar amount; phaseout range.-- ``(A) Joint returns.--Except as provided in subparagraph (B)-- ``(i) the applicable dollar amount is $65,000, and ``(ii) the phaseout range is $20,000. ``(B) Other returns.--In the case of-- ``(i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be \3/4\ of the amounts applicable under subparagraph (A) (as adjusted under paragraph (4)), and ``(ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be \1/2\ of the amounts applicable under subparagraph (A) (as so adjusted). ``(4) Inflation adjustment of applicable dollar amount.--In the case of any taxable year beginning in a calendar year after 2011, the dollar amount in paragraph (3)(A)(i) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $500.''. (b) Credit Made Refundable.-- (1) Credit made refundable.--The Internal Revenue Code of 1986 is amended by moving section 25B to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits), by inserting section 25B after section 36A, and by redesignating section 25B as section 36B. (2) Conforming amendments.-- (A) Sections 24(b)(3)(B), 25(e)(1)(C), 26(a)(1), and 1400C(d) of such Code are each amended by striking ``25B,''. (B) The last sentence of section 25A(i)(5) of such Code is amended by striking ``25B'' and inserting ``36B''. (C) Sections 904(i) of such Code is amended by striking ``23, 24, and 25B,'' and inserting ``23 and 24''. (D) Section 6211(b)(4)(A) of such Code is amended by inserting ``36B,'' after ``36A,''. (E) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B. (F) The table of sections for subpart C of such part is amended by adding at the end the following new item: ``Sec. 36B. Elective deferrals and IRA contributions by certain individuals.''. (G) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36B,'' after ``36A,''. (c) Maximum Contributions.--Subsection (a) of section 36B of the Internal Revenue Code of 1986, as redesignated by subsection (b)(1), is amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of so much of the qualified retirement savings contributions of the eligible individual for the taxable year as do not exceed the contribution limit. ``(2) Contribution limit.--For purposes of paragraph (1)-- ``(A) In general.--Except as otherwise provided in this paragraph, the contribution limit is $500 ($1,500 for taxable years beginning after 2021). ``(B) Annual increases to reach $1,500.--In the case of taxable years beginning in a calendar year after 2011 and before 2022, the contribution limit shall be the sum of-- ``(i) the contribution limit for taxable years beginning in the preceding calendar year (as increased under this subparagraph), and ``(ii) $100. ``(C) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2021, the $1,500 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2020' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.
Amends the Internal Revenue Code to: (1) increase the rate of the tax credit for retirement savings contributions (saver's credit); and (2) make such credit refundable.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to expand the availability of the saver's credit and to make the credit refundable."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Connecticut River Partnership Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the upper Connecticut River watershed in the States of New Hampshire and Vermont is a scenic region of historic villages located in a working landscape of farms, forests, and the mountainous headwaters and broad fertile floodplains of New England's longest river, the Connecticut River; (2) the River provides outstanding fish and wildlife habitat, recreation, and hydropower generation for the New England region; (3) the upper Connecticut River watershed has been recognized by Congress as part of the Silvio 0. Conte National Fish and Wildlife Refuge, established by the Silvio O. Conte National Fish and Wildlife Refuge Act (16 U.S.C. 668dd note; Public Law 102-212); (4) the demonstrated interest in stewardship of the River by the citizens living in the watershed led to the Presidential designation of the River as 1 of 14 American Heritage Rivers on July 30, 1998; (5) the River is home to the bistate Connecticut River Scenic Byway, which will foster heritage tourism in the region; (6) each of the legislatures of the States of Vermont and New Hampshire has established a commission for the Connecticut River watershed, and the 2 commissions, known collectively as the ``Connecticut River Joint Commissions''-- (A) have worked together since 1989; and (B) serve as the focal point for cooperation between Federal agencies, States, communities, and citizens; (7) in 1997, as directed by the legislatures, the Connecticut River Joint Commissions, with the substantial involvement of 5 bistate local river subcommittees appointed to represent riverfront towns, produced the 6-volume Connecticut River Corridor Management Plan, to be used as a blueprint in educating agencies, communities, and the public in how to be good neighbors to a great river; (8) this year, by Joint Legislative Resolution, the legislatures have requested that Congress provide for continuation of cooperative partnerships and support for the Connecticut River Joint Commissions from the New England Federal Partners for Natural Resources, a consortium of Federal agencies, in carrying out recommendations of the Connecticut River Corridor Management Plan; (9) this Act effectuates certain recommendations of the Connecticut River Corridor Management Plan that are most appropriately directed by the States through the Connecticut River Joint Commissions, with assistance from the National Park Service and United States Fish and Wildlife Service; and (10) where implementation of those recommendations involves partnership with local communities and organizations, support for the partnership should be provided by the Secretary. (b) Purpose.--The purpose of this Act is to authorize the Secretary to provide to the States of New Hampshire and Vermont (including communities in those States), through the Connecticut River Joint Commissions, technical and financial assistance for management of the River. SEC. 3. DEFINITIONS. In this Act: (1) River.--The term ``River'' means the Connecticut River. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means-- (A) the State of New Hampshire; or (B) the State of Vermont. SEC. 4. ASSISTANCE FOR STATES. The Secretary of the Interior may provide to the States, through the Connecticut River Joint Commissions, technical and financial assistance in managing the River, including assistance in-- (1) developing a joint policy for water quality, flow management, and recreational boating for the portion of the River that is common to the States; (2) developing protection plans for water quality in the tributaries that flow into the River; (3) developing a coordinated, collaborative approach on the part of the States for monitoring the quality of the River for human use and ecological health; (4) restoring and protecting priority riverbanks to improve water quality and aquatic and riparian habitat; (5) encouraging and assisting communities, farmers, and other riverfront landowners in-- (A) establishing and protecting riparian buffers; and (B) preventing nonpoint source pollution; (6) encouraging and assisting communities in-- (A) protecting shoreland, wetland, and flood plains; and (B) managing and treating stormwater runoff; (7) in cooperation with dam owners-- (A) evaluating the decommissioning of uneconomic dams in the watershed; and (B) restoring natural riverine habitat; (8) protecting and restoring the habitat of native trout, anadromous fisheries, and other outstanding fish and wildlife resources; (9) encouraging new and improved markets for local agricultural products; (10) encouraging the protection of farm land and economically sustainable agriculture; (11) developing and promoting locally planned, approved, and managed networks of heritage trails and water trails in the River valley; (12) coordinating and fostering opportunities for heritage tourism and agritourism through the Connecticut River Scenic Byway; (13) demonstrating economic development based on heritage tourism; (14) supporting local stewardship; (15) strengthening nonregulatory protection of heritage resources; (16) encouraging the vitality of historically compact village and town centers; (17) establishing indicators of sustainability; and (18) monitoring the impact of increased tourism and recreational use on natural and historic resources. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
Upper Connecticut River Partnership Act - Authorizes the Secretary of the Interior, through the Connecticut River Joint Commissions, to provide technical and financial assistance in managing the River to the States of New Hampshire and Vermont.
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SECTION 1. RESTORATION OF LOAN GUARANTEE PROGRAM FOR DEFENSE DEPENDENT SMALL AND MEDIUM-SIZED BUSINESS CONCERNS. (a) DELTA Loan Guarantee Program.--(1) Chapter 148 of title 10, United States Code, is amended by inserting before section 2525 the following new section: ``Sec. 2524. Loan guarantees for defense dependent small and medium- sized business concerns ``(a) Loan Guarantees Authorized.--The Secretary of Defense may provide support under this section for programs sponsored by the Federal Government, regional entities, States, local governments, and private entities and nonprofit organizations that assist small business concerns and medium-sized business concerns that are economically dependent on defense expenditures to acquire dual-use capabilities through the provision of loan guarantees to such business concerns under the terms and conditions specified under this section and other applicable law. ``(b) Transfer of Administration.--(1) The Secretary of Defense may enter into a memorandum of understanding with the Administrator of the Small Business Administration, the Administrator of the Economic Development Administration of the Department of Commerce, or the head of any other Federal agency having expertise regarding the provision of loan guarantees, under which the agency may-- ``(A) process applications for loan guarantees under this section; ``(B) guarantee repayment of the resulting loans; and ``(C) provide any other services to the Secretary to administer the loan guarantee program under this section. ``(2) From funds made available for the loan guarantee program under this section, the Secretary of Defense may transfer to the agency or agencies that are parties to the memorandum of understanding such sums as may be necessary for the agency or agencies to carry out activities under the loan guarantee program. ``(3) The Secretary of Defense shall enter into the memorandum of understanding authorized by paragraph (1) within 60 days after the date of the enactment of this section. ``(c) Condition on Operation.--The Secretary shall carry out the loan guarantee program authorized under this section during any fiscal year for which funds are specifically made available to cover the costs of loan guarantees to be issued pursuant to such section. ``(d) Special Requirements Regarding Loan Guarantees.--(1) Competitive procedures shall be used in the selection of small business concerns and medium-sized business concerns to receive loan guarantees under this section. ``(2) The criteria used for the selection of a small business concern or medium-sized business concern to receive a loan guarantee under this section shall include the following: ``(A) The extent to which the loans to be guaranteed would support the retention of defense workers whose employment would otherwise be permanently or temporarily terminated as a result of reductions in expenditures by the United States for defense, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment of a military installation. ``(B) The extent to which the loans to be guaranteed would stimulate job creation and new economic activities in communities most adversely affected by reductions in expenditures by the United States for defense, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment of a military installation. ``(C) The extent to which the loans to be guaranteed would be used to acquire (or permit the use of other funds to acquire) capital equipment to modernize or expand the facilities of the borrower to enable the borrower to remain in the national technology and industrial base available to the Department of Defense. ``(3) Except as provided in paragraph (4), to be eligible for a loan guarantee under this section, a borrower must demonstrate to the satisfaction of the Secretary that, during any one of the seven preceding operating years of the borrower, at least 25 percent of the value of the borrower's sales were derived from-- ``(A) contracts with the Department of Defense or the defense-related activities of the Department of Energy; or ``(B) subcontracts in support of defense-related prime contracts. ``(4)(A) An individual described in subparagraph (B) shall be eligible for a loan guarantee under this section to establish, or acquire and operate, a small business concern in an area that the Secretary determines is (or reasonably can be expected to be) detrimentally affected by reductions in defense spending, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment of a military installation. ``(B) An individual referred to in subparagraph (A) is an individual-- ``(i) who is a former employee of the Department of Defense or a defense contractor; and ``(ii) whose employment was terminated as a result of reductions in defense spending, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment of a military installation. ``(e) Maximum Amount of Loan Principal.--The maximum amount of loan principal for which the Secretary may provide a guarantee under this section during a fiscal year may not exceed-- ``(1) $1,250,000, with respect to a small business concern; and ``(2) $10,000,000 with respect to a medium-sized business concern. ``(f) Loan Guaranty Rate.--The maximum allowable guarantee percentage for loans guaranteed under this section may not exceed 90 percent. ``(g) Allocation of Funds Between Small and Medium Businesses.--The total amount available for a fiscal year to cover the costs of loan guarantees under this section shall be divided between small business concerns and medium-sized business concerns as follows: ``(A) 60 percent for small business concerns. ``(B) 40 percent for medium-sized business concerns. ``(h) Medium-Sized Business Concern Defined.--In this section, the term `medium-sized business concern' means a business concern that is not more than two times the maximum size specified by the Administrator of the Small Business Administration for purposes of determining whether a business concern furnishing a product or service is a small business concern.''. (2) The table of sections at the beginning of subchapter IV of such chapter is amended by inserting before the item relating to section 2525 the following new item: ``2524. Loan guarantees for defense dependent small- and medium-sized business concerns.''. (b) Continued Availability of Existing Funds.--The funds made available under the second proviso under the heading ``Research, Development, Test and Evaluation, Defense-Wide'' in Public Law 103-335 (108 Stat. 2613) shall be available until September 30, 1999-- (1) to cover the costs (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees issued under section 2524 of title 10, United States Code, as added by subsection (a); and (2) to cover the reasonable costs of the administration of loan guarantees referred to in such section.
Authorizes the Secretary of Defense to support through the provision of loan guarantees programs sponsored by the Federal Government, regional entities, State and local governments, private entities, and nonprofit organizations that assist small and medium-sized businesses that are economically dependent on defense expenditures to acquire dual-use (military and commercial) capabilities. Provides for the transfer of such loan guarantee authority and funding from the Secretary to the appropriate Federal agency by way of a memorandum of understanding. Authorizes the Secretary to carry out the loan guarantee program during any fiscal year for which funds are specifically made available for such purpose. Requires competitive procedures to be used in the selection of appropriate businesses for the loan program, under specified criteria. Requires a borrower to demonstrate that, during any one of the past seven years, at least 25 percent of the borrower's sales were derived from: (1) contracts with the Department of Defense or defense-related activities of the Department of Energy; or (2) subcontracts in support of defense-related prime contracts. Provides for: (1) a maximum loan amount and a loan guaranty rate; and (2) a 60-40 allocation of loan funds to small and medium-sized businesses, respectively. Provides for the continued availability through FY 1999 of current funding for the loan guarantee program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Aviation Research and Development Authorization Act of 1999''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 48102(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (4)(J); (2) by striking the period at the end of paragraph (5) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following: ``(6) for fiscal year 2000, $208,416,100 including-- ``(A) $17,269,000 for system development and infrastructure projects and activities; ``(B) $33,042,500 for capacity and air traffic management technology projects and activities; ``(C) $11,265,400 for communications, navigation, and surveillance projects and activities; ``(D) $15,765,000 for weather projects and activities; ``(E) $6,358,200 for airport technology projects and activities; ``(F) $39,639,000 for aircraft safety technology projects and activities; ``(G) $53,218,000 for system security technology projects and activities; ``(H) $26,207,000 for human factors and aviation medicine projects and activities; ``(I) $3,481,000 for environment and energy projects and activities; and ``(J) $2,171,000 for innovative/cooperative research projects and activities, of which $750,000 shall be for carrying out subsection (h) of this section; and ``(7) for fiscal year 2001, $222,950,000.''. SEC. 3. BUDGET DESIGNATION FOR RESEARCH AND DEVELOPMENT ACTIVITIES. Section 48102 of title 49, United States Code, is amended by inserting after subsection (f) the following new subsection: ``(g) Designation of Activities.--(1) The amounts appropriated under subsection (a) are for the support of all research and development activities carried out by the Federal Aviation Administration that fall within the categories of basic research, applied research, and development, including the design and development of prototypes, in accordance with the classifications of the Office of Management and Budget Circular A-11 (Budget Formulation/Submission Process). ``(2) The Department of Transportation's annual budget request for the Federal Aviation Administration shall identify all of the activities carried out by the Administration within the categories of basic research, applied research, and development, as classified by the Office of Management and Budget Circular A-11. Each activity in the categories of basic research, applied research, and development shall be identified regardless of the budget category in which it appears in the budget request.''. SEC. 4. NATIONAL AVIATION RESEARCH PLAN. Section 44501(c) of title 49, United States Code, is amended-- (1) in paragraph (2)(B)-- (A) by striking ``and'' at the end of clause (iii); (B) by striking the period at the end of clause (iv) and inserting in lieu thereof ``; and''; and (C) by adding at the end the following new clause: ``(v) highlight the research and development technology transfer activities that promote technology sharing among government, industry, and academia through the Stevenson-Wydler Technology Innovation Act of 1980.''; and (2) in paragraph (3), by inserting ``The report shall be prepared in accordance with requirements of section 1116 of title 31, United States Code.'' after ``effect for the prior fiscal year.''. SEC. 5. INTEGRATED SAFETY RESEARCH PLAN. (a) Requirement.--Not later than March 1, 2000, the Administrator of the National Aeronautics and Space Administration and the Administrator of the Federal Aviation Administration shall jointly prepare and transmit to the Congress an integrated civil aviation safety research and development plan. (b) Contents.--The plan required by subsection (a) shall include-- (1) an identification of the respective research and development requirements, roles, and responsibilities of the National Aeronautics and Space Administration and the Federal Aviation Administration; (2) formal mechanisms for the timely sharing of information between the National Aeronautics and Space Administration and the Federal Aviation Administration, including a requirement that the FAA-NASA Coordinating Committee established in 1980 meet at least twice a year; and (3) procedures for increased communication and coordination between the Federal Aviation Administration research advisory committee established under section 44508 of title 49, United States Code, and the NASA Aeronautics and Space Transportation Technology Advisory Committee, including a proposal for greater cross-membership between those two advisory committees. SEC. 6. INTERNET AVAILABILITY OF INFORMATION. The Administrator of the Federal Aviation Administration shall make available through the Internet home page of the Federal Aviation Administration the abstracts relating to all research grants and awards made with funds authorized by the amendments made by this Act. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public. SEC. 7. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS. Section 44504(b)(1) of title 49, United States Code, is amended by inserting ``, including nonstructural aircraft systems,'' after ``life of aircraft''. SEC. 8. ELIGIBILITY FOR AWARDS. (a) In general.--The Administrator of the Federal Aviation Administration shall exclude from consideration for grant agreements made by that Administration with funds appropriated pursuant to the amendments made by this Act any person who received funds, other than those described in subsection (b), appropriated for a fiscal year after fiscal year 1999, under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit- based award process, except as specifically authorized by this Act. Any exclusion from consideration pursuant to this subsection shall be effective for a period of 5 years after the person receives such Federal funds. (b) Exception.--Subsection (a) shall not apply to the receipt of Federal funds by a person due to the membership of that person in a class specified by law for which assistance is awarded to members of the class according to a formula provided by law. (c) Definition.--For purposes of this section, the term ``grant agreement'' means a legal instrument whose principal purpose is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and does not include the acquisition (by purchase, lease, or barter) of property or services for the direct benefit or use of the United States Government. Such term does not include a cooperative agreement (as such term is used in section 6305 of title 31, United States Code) or a cooperative research and development agreement (as such term is defined in section 12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))). SEC. 9. COMPLIANCE WITH BUY AMERICAN ACT. No funds authorized pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act''). SEC. 10. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the Administrator of the Federal Aviation Administration shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. SEC. 11. PROHIBITION OF CONTRACTS. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations. SEC. 12. LASER VISUAL GUIDANCE RESEARCH. The Federal Aviation Administration is encouraged to conduct research on the laser visual guidance landing system. Passed the House of Representatives September 15, 1999. Attest: JEFF TRANDAHL, Clerk.
Civil Aviation Research and Development Authorization Act of 1999 - Amends Federal transportation law to authorize FY 2000 and 2001 appropriations for certain Federal Aviation Administration (FAA) research and development (R&D) programs. Requires the Department of Transportation's (DOT) annual budget request for the FAA to identify all of the activities carried out by it within the categories of basic research, applied research, and development, as classified by the Office of Management and Budget (OMB) Circular A-11. (Sec. 4) Requires the FAA's national aviation research plan to include, among other things, a highlight of the R&D technology transfer activities that promote technology sharing among government, industry, and academia through the Stevenson-Wydler Technology Innovation Act of 1980. (Sec. 5) Directs the Administrators of the National Aeronautics and Space Administration and the FAA to submit jointly to Congress an integrated civil aviation safety R&D plan. (Sec. 6) Directs the Administrator of the FAA to make available through the FAA Internet home page abstracts relating to all research grants and awards made with funds authorized by this Act, except any material whose release is prohibited by law or regulation. (Sec. 7) Requires the Administrator of the FAA to conduct research to develop technologies and analyze information to predict the effects of aircraft design, maintenance, testing, wear, and fatigue on nonstructural aircraft systems. (Sec. 8) Directs the Administrator of the FAA to exclude from consideration for a FAA grant any person (except certain members of a recipient class) who received grant funds from a Federal funding source for a project that was not subjected to a competitive, merit-based award process. (Sec. 9) Prohibits an entity from spending funds appropriated under this Act unless it agrees to comply with the Buy American Act. Declares that it is the sense of Congress that entities receiving financial assistance under this Act should spend the assistance to purchase only American-made equipment or products. Requires the Administrator of the FAA to provide each recipient of such assistance notice of such Buy American requirements. (Sec. 11) Prohibits the use of funds for contracts with persons falsely labeling products as made in America. (Sec. 12) Encourages the FAA to conduct research on the laser visual guidance landing system.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``March of Dimes Commemorative Coin Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) President Franklin Roosevelt's personal struggle with polio led him to create the National Foundation for Infantile Paralysis (now known as the March of Dimes) on January 3, 1938, at a time when polio was on the rise. (2) The Foundation established patient aid programs and funded research for polio vaccines developed by Jonas Salk, MD, and Albert Sabin, MD. (3) Tested in a massive field trial in 1954 that involved 1.8 million schoolchildren known as ``polio pioneers'', the Salk vaccine was licensed for use on April 12, 1955 as ``safe, effective, and potent''. The Salk and Sabin polio vaccines funded by the March of Dimes ended the polio epidemic in the United States. (4) With its original mission accomplished, the Foundation turned its focus to preventing birth defects, prematurity, and infant mortality in 1958. The Foundation began to fund research into the genetic, prenatal, and environmental causes of over 3,000 birth defects. (5) The Foundation's investment in research has led to 13 scientists winning the Nobel Prize since 1954, including Dr. James Watson's discovery of the double helix. (6) Virginia Apgar, MD, creator of the Apgar Score, helped develop the Foundation's mission for birth defects prevention; joining the Foundation as the head of its new birth defects division in 1959. (7) In the 1960s, the Foundation created over 100 birth defects treatment centers, and then turned its attention to assisting in the development of Neonatal Intensive Care Units, or NICUs. (8) With March of Dimes support, a Committee on Perinatal Health released Toward Improving the Outcome of Pregnancy in 1976, which included recommendations that led to the regionalization of perinatal health care in the United States. (9) Since 1998, the March of Dimes has advocated for and witnessed the passage of the Birth Defects Prevention Act, Children's Health Act, PREEMIE Act, and Newborn Screening Save Lives Act. (10) In 2003, the March of Dimes launched a Prematurity Campaign to increase awareness about and reduce the incidence of preterm birth, infant mortality, birth defects, and lifelong disabilities and disorders. (11) The March of Dimes actively promotes programs for and funds research into newborn screening, pulmonary surfactant therapy, maternal nutrition, smoking cessation, folic acid consumption to prevent neural tube defects, increased access to maternity care, and similar programs to improve maternal and infant health. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In recognition and celebration of the founding and proud service of the March of Dimes, 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, 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 sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the mission and programs of the March of Dimes, and its distinguished record of generating Americans' support to protect our children's health. (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 ``2014''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) contain motifs that represent the past, present, and future of the March of Dimes and its role as champion for all babies, such designs to be consistent with the traditions and heritage of the March of Dimes; (2) be selected by the Secretary, after consultation with the March of Dimes and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coin Advisory Committee. SEC. 5. ISSUANCE. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--For the coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary of the Treasury may issue coins minted under this Act only during the 1-year period beginning on January 1, 2014. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children. (c) Audits.--The March of Dimes shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary may issue guidance to carry out this subsection.
March of Dimes Commemorative Coin Act of 2011- Directs the Secretary of the Treasury to mint and issue up to 500,000 $1 coins emblematic of the mission and programs of the March of Dimes. Permits issuance of such coins only during the one-year period beginning on January 1, 2014. Requires all surcharges received by the Secretary from the sale of such coins to be promptly paid to the March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children. Subjects the March of Dimes to federal audit requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Value-Based Insurance Design Seniors Copayment Reduction Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A growing body of evidence demonstrates that increases in patient-level financial barriers (including deductibles, copayments, and coinsurance) for high-value medical services (such as prescription medications, clinician visits, diagnostic tests, and procedures) systematically reduces the use of such services. Savings attributable to cost-related, decreased utilization of specific services may lead to an increase in total medical expenditures due to increased use of other related clinical services, such as hospitalizations and emergency room visits. (2) Empirical research studies demonstrate that reductions in beneficiary out-of-pocket expenses for high-value prescription medications and clinical services can mitigate the adverse health and financial consequences attributable to cost- related decreased utilization of high-value services. (3) Financial barriers to prescription medications and clinical services that are deemed to be high-value should be reduced or eliminated to increase their use. (4) Value-Based Insurance Design is a methodology that adjusts patient out-of-pocket costs for prescription medications and clinical services according to the clinical value, not exclusively the cost. Value-Based Insurance Design is based on the concept of clinical nuance that recognizes-- (A) prescription medications and clinical services differ in the clinical benefit provided; and (B) the clinical benefit derived from a specific prescription medication or clinical service depends on the clinical situation, the provider, and where the care is delivered. (5) The current ``one-size-fits-all'' copayment or coinsurance design for prescription medications and clinical services provided under the Medicare program does not recognize the well-established value differences in health outcomes produced by various medical interventions. (6) The establishment by Medicare of copayment and coinsurance requirements using Value-Based Insurance Design methodologies will improve patient-centered health outcomes, enhance personal responsibility, and afford a more efficient use of taxpayer dollars. SEC. 3. DEMONSTRATION PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a demonstration program to test Value-Based Insurance Design methodologies in Medicare Advantage plans under part C of title XVIII of the Social Security Act for beneficiaries with chronic clinical conditions. (b) Demonstration Program Design.-- (1) In general.--The Secretary shall select not less than 2 Medicare Advantage plans to participate in the demonstration program under this section. (2) Requirements.--A Medicare Advantage plan selected to participate in the demonstration program under paragraph (1) shall meet the following requirements: (A) The plan offers a coordinated Medicare Part D drug benefit. (B) The plan and the Medicare Advantage organization offering the plan meet such other criteria as the Secretary determines appropriate. (c) Expansion of Demonstration Program.--The Secretary shall expand the demonstration program by issuing regulations to implement, on a permanent basis, the components of the demonstration program that are beneficial to Medicare beneficiaries and the Medicare program, unless the report under subsection (e) or (f)(3) contains an evaluation that the demonstration program under this section-- (1) increases Medicare program expenditures for beneficiaries participating in the demonstration program; or (2) decreases the quality of health care services provided to Medicare beneficiaries participating in the demonstration program. (d) Value-Based Insurance Design Methodology.-- (1) Value-based insurance design.--For purposes of this section, ``Value-Based Insurance Design'' is a methodology for identifying specific prescription medications and clinical services for which copayments or coinsurance should be reduced or eliminated due to the high-value and effectiveness of such medications and services for specific clinical conditions. (2) Reduction of copayments and coinsurance.--Under the demonstration program, a Medicare Advantage organization, using Value-Based Insurance Design methodologies, shall identify each prescription medication and clinical service for which the amount of the copayment or coinsurance payable should be reduced or eliminated. (3) Reduction of copayments and coinsurance to encourage use of specific clinical services.--Under the demonstration program, the Medicare Advantage organization, using Value-Based Insurance Design, may lower cost-sharing under the plan for the purpose of encouraging enrollees to use prescription medications and clinical services (such as preventive care, primary care, specialty visits, diagnostic tests, procedures, and durable medical equipment) that such organization has identified as high-value for the management of specified clinical conditions in paragraph (5). Any such variation on copayment or coinsurance by a Medicare Advantage organization must occur on an annual basis and be evidence-based. (4) Reduction of copayments and coinsurance to encourage use of specific high-performing providers.--Under the demonstration program, the Medicare Advantage organization, using Value-Based Insurance Design, may lower cost-sharing under the plan for the purpose of encouraging enrollees to use providers that such organization has identified as high- performing based on quality metrics. Any such variation on copayment or coinsurance by a Medicare Advantage organization must occur on an annual basis. (5) Specific clinical conditions.--In identifying clinical conditions for purposes of paragraph (3), the Medicare Advantage organization shall, at a minimum, consider the services utilized across the spectrum of care in the management of the following clinical conditions: (A) Asthma. (B) Atrial fibrillation. (C) Deep venous thrombosis. (D) Cancer. (E) Chronic obstructive pulmonary disease. (F) Chronic renal failure/End stage renal disease. (G) Congestive heart failure. (H) Ischemic heart disease/Myocardial infarction. (I) Depression. (J) Diabetes mellitus. (K) Hyperlipidemia. (L) Hypertension. (M) Osteoporosis. (N) Stroke. (O) Tobacco abuse disorder. (6) Prohibition of increases of copayments and coinsurance.--A Medicare Advantage plan selected to participate in the demonstration program under paragraph (1) may not raise cost-sharing on any item or service to discourage its use. (e) Report on Implementation.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the implementation by the Secretary of the demonstration program under this section. (2) Elements.--The report required by paragraph (1) shall include the following: (A) A statement setting forth each medication and clinical service identified pursuant to subsection (d)(3). (B) For each such medication or clinical service identified pursuant to subsection (d)(3), a statement of the amount of the copayment or coinsurance required to be paid for such service and the amount of the reduction from previous cost-sharing levels. (C) For each such high-performing provider identified pursuant to subsection (d)(4), a statement of the amount of the copayment or coinsurance required to be paid for such clinician visit and the amount of the reduction from previous cost-sharing levels. (f) Review and Assessment of Utilization of Value-Based Insurance Design Methodologies.-- (1) In general.--The Secretary shall enter into a contract or agreement with an independent, nonbiased entity having expertise in Value-Based Insurance Design to review and assess the implementation of the demonstration program under this section. The review and assessment shall include the following: (A) An assessment of the utilization of Value-Based Insurance Design methodologies referred to in subsection (d). (B) An analysis of whether reducing or eliminating the copayment or coinsurance for each medication and clinical service identified pursuant to subsection (d)(3) resulted in increased adherence to medication regimens, increased service utilization, improvement in quality metrics, better health outcomes, or enhanced beneficiary experience. (C) An analysis of the cost-savings resulting from reducing or eliminating the copayment or coinsurance for each medication or clinical service so identified. (D) An analysis of whether reducing or eliminating the copayment or coinsurance for each high-performing provider identified pursuant to subsection (d)(4) resulted in improvement in quality metrics, better health outcomes, or enhanced beneficiary experience. (E) An analysis of the cost-savings resulting from reducing or eliminating the copayment or coinsurance for each high-performing provider so identified. (F) Such other matters as the Secretary considers appropriate. (2) Report.--The contract or agreement entered into under paragraph (1) shall require the entity concerned to submit to the Secretary a report on the review and assessment conducted by the entity under that paragraph in time for the inclusion of the results of such report in the report required by paragraph (3). (3) Report to congress.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the review and assessment conducted under this subsection. The report shall include the following: (A) A description of the results of the review and assessment. (B) Such recommendations as the Secretary considers appropriate for enhancing the utilization of the methodologies referred to in subsection (d)(1) so as to reduce copayments and coinsurance paid by Medicare beneficiaries for high-value prescription medications and clinical services furnished under the Medicare program and to otherwise improve the quality of health care provided under such Medicare program. (g) Waiver.--The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as may be necessary to carry out the demonstration program under this section. (h) Implementation Funding.--For purposes of carrying out the demonstration program under this section, the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t), including the Medicare Prescription Drug Account in such Trust Fund, in such proportion as determined appropriate by the Secretary, of such sums as may be necessary.
Value Based Insurance Design Seniors Copayment Reduction Act of 2015 Directs the Department of Health and Human Services (HHS) to establish a demonstration program to test Value-Based Insurance Design methodologies in Medicare Advantage plans under part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act for beneficiaries with chronic clinical conditions. Defines "value-based insurance design methodology" as one for identifying specific prescription medications and clinical services for which copayments or coinsurance should be reduced or eliminated due to the high-value and effectiveness of such medications and services for specific clinical conditions. Directs HHS to expand the demonstration program, except in certain circumstances, by issuing regulations to implement, on a permanent basis, those components that are beneficial to Medicare beneficiaries and the Medicare program.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Forest Organizational Camp Fee Improvement Act of 2003''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings, purpose, and definitions. Sec. 3. Fees for occupancy and use of National Forest System lands and facilities by organizational camps. Sec. 4. Implementation. Sec. 5. Relationship to other laws. Sec. 6. Deposit and expenditure of use fees. Sec. 7. Ministerial issuance or amendment authorization. SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS. (a) Findings.--Congress finds the following: (1) Organizational camps, such as those administered by the Boy Scouts, Girl Scouts, and faith-based and community-based organizations, provide a valuable service to young people, individuals with a disability, and their families by promoting physical, mental, and spiritual health through activities conducted in a natural environment. (2) The 192,000,0000 acres of national forests and grasslands of the National Forest System managed for multiple uses by the Forest Service provides an ideal setting for such organizational camps. (3) The Federal Government should charge land use fees for the occupancy and use of National Forest System lands by such organizational camps that, while based on the fair market value of the land in use, also recognize the benefits provided to society by such organizational camps, do not preclude the ability of such organizational camps from utilizing these lands, and permit capital investment in, and maintenance of, camp facilities by such organizational camps or their sponsoring organizations. (4) Organizational camps should-- (A) ensure that their facilities meet applicable building and safety codes, including fire and health codes; (B) have annual inspections as required by local law, including at a minimum inspections for fire and food safety; and (C) have in place safety plans that address fire and medical emergencies and encounters with wildlife. (b) Purpose.--It is the purpose of this Act to establish a land use fee system that provides for an equitable return to the Federal Government for the occupancy and use of National Forest System lands by organizational camps that serve young people or individuals with a disability. (c) Definitions.--In this Act: (1) The term ``organizational camp'' means a public or semi-public camp that-- (A) is developed on National Forest System lands by a nonprofit organization or governmental entity; (B) provides a valuable service to the public by using such lands as a setting to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues; and (C) does not have as its primary purpose raising revenue through commercial activities. (2) The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (3) The term ``individual with a disability'' has the meaning given the term in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705). (4) The term ``children at risk'' means children who are raised in poverty or in single-parent homes or are subject to such circumstances as parental drug abuse, homelessness, or child abuse. (5) The term ``change in control'' means-- (A) in the case of a corporation, the sale or transfer of a controlling interest in the corporation; (B) in the case of a partnership or limited liability company, the sale or transfer of a controlling interest in the partnership or limited liability company; and (C) in the case of an individual, the sale or transfer of an organizational camp to another party. SEC. 3. FEES FOR OCCUPANCY AND USE OF NATIONAL FOREST SYSTEM LANDS AND FACILITIES BY ORGANIZATIONAL CAMPS. (a) Land Use Fee.-- (1) Percentage of land value.--The Secretary shall charge an annual land use fee for each organizational camp for its occupancy and use of National Forest System lands equal to five percent of the product of the following: (A) The total number of acres of National Forest System lands authorized for the organizational camp. (B) The estimated per-acre market value of land and buildings in the county where the camp is located, as reported in the most recent Census of Agriculture conducted by the National Agricultural Statistics Service. (2) Annual adjustment.--The land use fee determined under paragraph (1) for an organizational camp shall be adjusted annually by the annual compounded rate of change between the two most recent Censuses of Agriculture. (3) Reduction in fees.-- (A) Based on type of participants.--The Secretary shall reduce the land use fee determined under paragraph (1) for an organizational camp if the organizational camp is attended by individuals with a disability or children at risk. The amount of the reduction for a year shall bear the same ratio to the land use fee determined under paragraph (1) for the organizational camp as the total number of individuals with a disability and children at risk who attend the organizational camp bears to the total number of individuals who attend the organizational camp for the year. (B) Based on type of programs.--After making the reduction required by subparagraph (A), the Secretary shall also reduce the land use fee determined under paragraph (1) for an organizational camp if the organizational camp provides youth programs for individuals attending the camp consisting of organized and supervised social, citizenship, character-building, or faith-based activities oriented to outdoor- recreation experiences. The amount of the reduction for a year shall be equal to 60 percent of the land use fee determined under paragraph (1), as adjusted under subparagraph (A). (C) Relation to minimum fee.--Notwithstanding subparagraphs (A) and (B), the reductions made under this paragraph may not reduce the land use fee for an organizational camp below the minimum land use fee required to be charged under paragraph (4). (D) Special considerations.--For purposes of determining the amount of the land use fee reduction required under subparagraph (A) or (B), the Secretary may not take into consideration the existence of sponsorships or scholarships to assist individuals in attending the organizational camp. (4) Minimum land use fee.--The Secretary shall charge a minimum land use fee under paragraph (1) that represents, on average, the Secretary's cost annually to administer an organizational camp special use authorization in the National Forest Region in which the organizational camp is located. Notwithstanding paragraph (3) or subsection (d), the minimum land use fee shall not be subject to a reduction or waiver. (b) Facility Use Fee.-- (1) Percentage of facilities value.--If an organizational camp uses a Government-owned facility on National Forest System lands pursuant to section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580d), the Secretary shall charge, in addition to the land use fee imposed under subsection (a), a facility use fee equal to five percent of the value of the authorized facilities, as determined by the Secretary. (2) Reduction in fees prohibited.--Notwithstanding subsection (d), the facility use fees determined under paragraph (1) shall not be subject to a reduction or waiver. (c) Fee Related to Receipt of Other Revenues.-- If an organizational camp derives revenue from the use of National Forest System lands or authorized facilities described in subsection (b) for purposes other than to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues, the Secretary shall charge, in addition to the land use fee imposed under subsection (a) and the facility use fee imposed under subsection (b), an additional fee equal to five percent of that revenue. (d) Work-In-Lieu Program.--Subject to subsections (a)(4) and (b)(2), section 3 of the Federal Timber Contract Payment Modification Act (16 U.S.C. 539f) shall apply to the use fees imposed under this section. SEC. 4. IMPLEMENTATION. (a) Prompt Implementation.--The Secretary shall issue direction regarding implementation of this Act by interim directive within 180 days after the date of the enactment of this Act. The Secretary shall implement this Act beginning with the first billing cycle for organizational camp special use authorizations occurring more than 180 days after the date of the enactment of this Act. (b) Phase-In of Use Fee Increases.--In issuing any direction regarding implementation of this Act under subsection (a), the Secretary shall consider whether to phase-in any significant increases in annual land or facility use fees for organizational camps. SEC. 5. RELATIONSHIP TO OTHER LAWS. Except as specifically provided by this Act, nothing in this Act supersedes or otherwise affects any provision of law, regulation, or policy regarding the issuance or administration of authorizations for organizational camps regarding the occupancy and use of National Forest System lands. SEC. 6. DEPOSIT AND EXPENDITURE OF USE FEES. (a) Deposit and Availability.--Unless subject to section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580d), use fees collected by the Secretary under this Act shall be deposited in a special account in the Treasury and shall remain available to the Secretary for expenditure, without further appropriation until expended, for the purposes described in subsection (c). (b) Transfer.--Upon request of the Secretary, the Secretary of the Treasury shall transfer to the Secretary from the special account such amounts as the Secretary may request. The Secretary shall accept and use such amounts in accordance with subsection (c). (c) Use.--Use fees deposited pursuant to subsection (a) and transferred to the Secretary under subsection (b) shall be expended for monitoring of Forest Service special use authorizations, administration of the Forest Service's special program, interpretive programs, environmental analysis, environmental restoration, and similar purposes. SEC. 7. MINISTERIAL ISSUANCE OR AMENDMENT AUTHORIZATION. (a) NEPA Exception.--The ministerial issuance or amendment of an organizational camp special use authorization shall not be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Rule of Construction.--For purposes of subsection (a), the ministerial issuance or amendment of an authorization occurs only when the issuance or amendment of the authorization would not change the physical environment or the activities, facilities, or program of the operations governed by the authorization, and at least one of the following apply: (1) The authorization is issued upon a change in control of the holder of an existing authorization. (2) The holder, upon expiration of an authorization, is issued a new authorization. (3) The authorization is amended-- (A) to effectuate administrative changes, such as modification of the land use fee or conversion to a new special use authorization form; or (B) to include nondiscretionary environmental standards or to conform with current law.
National Forest Organizational Camp Fee Improvement Act of 2003 - Directs the Secretary of Agriculture to charge an annual acreage and market value-based fee for the occupancy and use of National Forest System lands (land use fees) and facilities (facility fees) by organizational camps (nonprofit or governmental entity-run camps for youth or persons with disabilities). Provides for annual land use fee adjustments.Reduces the land-use fee, but not below a minimum amount to be determined by the Secretary, for: (1) use by persons with disabilities and at-risk children; and (2) youth programs through organized social, citizenship, character-building, or faith-based activities oriented to outdoor recreation. Prohibits facility use fee reductions.Provides for an additional fee if an organizational camp derives revenue from such lands' or facilities' use for purposes other than to introduce young people or people with disabilities to natural resource education or other appropriate experiences.
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SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Surface Transportation and Taxation Equity Act'' or as the ``STATE Act''. (b) Purposes.--The purposes of this Act are to-- (1) return primary transportation program responsibility and taxing authority to the States, (2) free States' transportation dollars from Federal micromanagement, earmarking, and budgetary pressures, (3) enable decisions regarding which infrastructure projects will be built, how they will be financed, and how they will be regulated to be made by persons best able to make those decisions, (4) eliminate the current system in which a Federal gasoline tax is sent to Washington and through a cumbersome Department of Transportation bureaucracy, (5) prohibit the Federal Government from forcing unwanted mandates on States by threatening to withhold transportation money, and (6) achieve measurable congestion mitigation and infrastructure preservation and safety in a cost effective way subject to available resources. SEC. 2. FEDERAL TAX ON FUELS DECREASED BY AMOUNT OF INCREASE IN STATE TAX ON FUEL. (a) In General.--Subpart B of part III of subchapter A of chapter 32 of the Internal Revenue Code of 1986 (relating to special provisions applicable to fuels tax) is amended by adding at the end the following new section: ``SEC. 4106. REDUCTION IN RATES OF TAX BASED ON INCREASE IN STATE TAX RATE. ``(a) In General.--Under regulations prescribed by the Secretary, the rate of tax imposed under section 4081 with respect to any fuel and the rate of tax imposed under section 4041 with respect to any liquid shall be decreased, but not below 2 cents per gallon, by the applicable State tax rate increase with respect to such fuel or liquid. ``(b) Applicable State Tax Rate Increase.--For purposes of this section, the term `applicable State tax rate increase' means, with respect to any fuel or liquid, the excess, as periodically determined under tables prescribed by the Secretary, of-- ``(1) the rate of tax imposed by the applicable State on the sale or use of such fuel or liquid, over ``(2) the rate of tax imposed by the applicable State on the sale or use of such fuel or liquid as of the date of the introduction of the STATE Act. Any increase in the rate of tax imposed by any applicable State on the sale or use of any fuel or liquid shall be taken into account under this subsection only if State law provides that such increase is to be taken into account under this subsection. ``(c) Applicable State.--For purposes of this section, the term `applicable State' means the State which is determined under regulations prescribed by the Secretary as-- ``(1) in the case of a liquid to which section 4041 applies, the State in which such liquid is sold or used, or ``(2) in the case of a fuel to which section 4081 applies, the State in which such fuel is most likely to be sold or used. ``(d) Requirement To Maintain Interstate Highway System.-- Subsection (a) shall not apply with respect to any fuel or liquid if the applicable State with respect to such fuel or liquid has not entered into an agreement with the Secretary of Transportation under which such State has agreed to provide for the proper maintenance of that portion of the interstate highway system which is within such State.''. (b) Conforming Amendments.-- (1) Section 9503 of such Code is amended by striking subsection (d). (2)(A) Paragraph (4) of section 9503(e) of such Code is amended to read as follows: ``(4) Reduction in rate of transfer based on reduction in state tax rates.-- ``(A) In general.--There shall be substituted for each amount in paragraph (2) an amount which bears the same ratio to such amount as the aggregate reduced tax rate bears to the aggregate unreduced tax rate. ``(B) Aggregate reduced tax rate.--For purposes of subparagraph (A), the term `aggregate reduced tax rate' means, with respect to any amount for any calendar year, the amount of tax that the Secretary estimates will be imposed with respect to the liquid or fuel to which such amount relates for such year after application of section 4106. ``(C) Aggregate unreduced tax rate.--For purposes of subparagraph (A), the term `aggregate unreduced tax rate' means, with respect to any amount for any calendar year, the amount of tax that the Secretary estimates would have been imposed with respect to the liquid or fuel to which such amount relates for such year if section 4106 did not apply for such year.''. (B) Subparagraph (A) of section 9503(e)(2) of such Code is amended by striking ``sentence'' and inserting ``subsection''. (3) The table for section for subpart B of part III of subchapter A of chapter 32 of such Code is amended by adding at the end the following new item: ``Sec. 4106. Reduction in rates of tax based on increase in State tax rate.''. (c) Effective Date.--The amendment made by this section shall apply to liquid or fuel removed, entered, sold, or used after the date of the enactment of this Act.
Surface Transportation and Taxation Equity Act or the STATE Act Amends the Internal Revenue Code to reduce the federal excise tax on gasoline and special fuels (but not below two cents per gallon) by corresponding increases in fuel taxes imposed by states as of January 6, 2015 (the date of introduction of this Act).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Haitian Partnership Renewal Act''. SEC. 2. EXTENSION OF TRADE PREFERENCES FOR HAITI. (a) Special Rules for Haiti.-- (1) Apparel and other textile articles.--Section 213A(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B)(v)(I)(cc), by striking ``2017.'' and inserting ``2017, and in each succeeding 1-year period thereafter.''; and (ii) in subparagraph (C)-- (I) by striking ``11''; and (II) by striking ``December 19, 2018.'' and inserting ``December 19, 2030.''; and (B) in paragraph (2)-- (i) in subparagraph (A)(ii), by striking ``11 succeeding 1-year periods,'' and inserting ``succeeding 1-year periods through September 30, 2030,''; and (ii) in subparagraph (B)(iii), by striking ``11 succeeding 1-year periods,'' and inserting ``succeeding 1-year periods through September 30, 2030,''. (2) Extension of special rules.--Section 213A(h) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(h)) is amended-- (A) by striking ``Except as provided in subsection (b)(1), the'' and inserting ``The''; and (B) by striking ``September 30, 2020.'' and inserting ``September 30, 2030.''. (b) Import-Sensitive Articles.-- (1) Transition period treatment of certain textile and apparel articles.--Section 213(b)(2)(A)(iii) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)(iii)) is amended-- (A) in subclause (II)(cc), by striking ``September 30, 2020.'' and inserting ``September 30, 2030.''; and (B) in subclause (IV)(dd), by striking ``September 30, 2020.'' and inserting ``September 30, 2030.''. (2) Transition period treatment of certain other apparel articles.--Section 213(b)(2)(A)(iv)(II) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)(iv)(II)) is amended by striking ``18''. (3) Extension of transition period.--Section 213(b)(5)(D)(i) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(5)(D)(i)) is amended by striking ``September 30, 2020;'' and inserting ``September 30, 2030;''. SEC. 3. DUTY-FREE TREATMENT OF FOOTWEAR. Section 213A(b)(3) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b)(3)) is amended by adding at the end the following: ``(H) Footwear.-- ``(i) In general.--Any article, other than an article described in clause (ii), that undergoes a change in Haiti to being classifiable under heading 6401, 6402, 6403, 6404, or 6405 of the HTS from being classifiable under any other heading of the HTS and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the components from which the article is made. ``(ii) Articles described.--Articles described in this clause are articles classifiable under subheading 6401.10.00, 6401.92.90, 6401.99.10, 6401.99.30, 6401.99.60, 6401.99.90, 6402.91.10, 6402.91.20, 6402.91.26, 6402.91.50, 6402.91.80, 6402.91.90, 6402.99.08, 6402.99.16, 6402.99.19, 6402.99.33, 6402.99.80, 6402.99.90, 6403.91.60, 6403.91.90, 6403.99.60, 6403.99.90, 6404.11.90, or 6404.19.20 of the HTS.''. SEC. 4. SPECIAL RULES FOR CERTAIN GOODS. Section 213A(c) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(c)) is amended to read as follows: ``(c) Special Rules for Certain Goods.-- ``(1) Wire harness automotive components.-- ``(A) In general.--Any wire harness automotive component that is the product or manufacture of Haiti and is imported directly from Haiti into the customs territory of the United States shall enter the United States free of duty until September 30, 2030, if Haiti has met the requirements of subsection (d) and if the sum of-- ``(i) the cost or value of the materials produced in Haiti or one or more countries described in subsection (b)(2)(C), or any combination thereof, plus ``(ii) the direct costs of processing operations (as defined in section 213(a)(3)) performed in Haiti or the United States, or both, is not less than 35 percent of the declared customs value of such wire harness automotive component. ``(B) Wire harness automotive component defined.-- For purposes of this subsection, the term `wire harness automotive component' means any article provided for in subheading 8544.30.00 of the HTS, as in effect on December 20, 2006. ``(2) Travel goods.--Any article classifiable under subheading 4202.11, 4202.19, 4202.21, 4202.29, 4202.31, 4202.39, 4202.91, or 4202.99 of the HTS that undergoes a change in Haiti to being classifiable under that subheading from being classifiable under a chapter of the HTS other than chapter 42 and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the components from which the article is made. ``(3) Leather wearing apparel.--Any article classifiable under subheading 4203.10.40, 4203.29.08, or 4203.29.18 of the HTS that undergoes a change in Haiti to being classifiable under that subheading from being classifiable under a chapter of the HTS other than chapter 42 and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the components from which the article is made. ``(4) Lamps, lighting, and other electrical components.-- Any article classifiable under subheading 8536.30, 8539.10, 8539.49, 9032.10, 9405.10, 9405.20, 9405.30, 9405.40, 9405.50, 9405.60, 9405.91, 9405.92, or 9405.99 of the HTS that undergoes a change in Haiti to being classifiable under that subheading from being classifiable under any other chapter of the HTS and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty.''. SEC. 5. CONTINUING COMPLIANCE. Section 213A(d)(3) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(d)(3)) is amended by striking ``terminate'' and inserting ``terminate, in whole or in part,''.
Haitian Partnership Renewal Act This bill amends the Caribbean Basin Economic Recovery Act to extend: (1) the 60% applicable percentage requirement for duty-free entry of apparel articles assembled in Haiti and imported from Haiti or the Dominican Republic to the United States, and (2) duty-free entry of such articles through December 19, 2030. Duty-free entry for woven articles and certain knit articles assembled in Haiti and imported from Haiti or the Dominican Republic to the United States is extended through September 30, 2030. The special duty-free rules for Haiti are extended through September 30, 2030. The transition period treatment of certain textile and apparel articles is extended through September 30, 2030. Duty-free coverage is provided: for certain footwear, travel goods, leather wearing apparel, and lamps, lighting, and other electrical components that undergo a change in Haiti and are imported directly from Haiti or the Dominican Republic; and through September 30, 2030, for a qualifying wire harness automotive component that is the product or manufacture of Haiti and is imported directly from Haiti.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Medical Workforce Enhancement Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) The United States is currently facing critical workforce shortages in all areas of hospital operations, including both clinical and nonclinical operations. (2) As its workforce ages, the Veterans Health Administration of the Department of Veterans Affairs is facing a loss of staff through retirement at a time of staffing shortages across all areas of hospital operations. (3) The demand for health professionals will grow as the ``Baby Boom'' generation retires and adds to an already burgeoning population of elderly requiring more extensive health services. (4) There are not enough nurses and health care providers to care for veterans who are on the Department of Veterans Affairs waiting lists. During the current nationwide nursing shortage, the Department of Veterans Affairs must replace up to 5.3 percent of its registered nurses each year just to keep pace with the loss from nurses who retire. (5) The number of nurses retiring in the next 10 years is expected to far exceed the number of new nurses joining the workforce, resulting in a nationwide nursing shortage. (6) This shortage will certainly affect health care facilities of the Department of Veterans Affairs, which, like many other health care facilities, are already seeing a shrinking pool of highly trained nurses. (7) Nursing care is vital to providing the best patient care possible and, as the nursing shortage worsens, care for veterans who have sacrificed much for the liberties and freedoms enjoyed by the American people will suffer. (8) In order to meet the increasing demand from veterans in need of health care, the Department of Veterans Affairs must be aggressive in its efforts to recruit and retain its nursing staff. (9) The failure to maintain adequate staffing levels can harm veterans under the Department's care. There is a clear link between nurse-to-patient ratios and patient successes. For every additional patient over four in a nurse's workload, the risk of death increases by 7 percent for surgical patients. Unfortunately, many Department of Veterans Affairs' facilities do not meet the threshold safe ratio of four medical/surgical patients per nurse. Some facilities have six, seven, or eight surgical patients per nurse. (10) There are acute shortages plaguing other critical healthcare staff including pharmacists, radiology, and laboratory technologists and other ancillary professionals. (11) Thirty-one percent of medical technologists of the Department of Veterans Affairs are eligible for or nearing retirement. (12) Nearly 20 percent of the pharmacy technicians of the Department of Veterans Affairs have between 20 and 34 years of Government service. (13) One-quarter of the nursing assistants of the Department of Veterans Affairs have between 20 and 34 years of Government service and, therefore, are eligible for or nearing retirement. (14) The lack of allied health care workers and hospital support staff on the weekends hurts direct patient care. Without support staff, nurses are forced to devote less time on direct patient care in order to transport patients, clean the wards, and perform other duties typically done by nursing assistants, housekeepers, and other ancillary staff. Providing a premium pay for regular weekend shifts will help maintain adequate levels of support staff on the weekends. (15) Ongoing education is important to maintain high standards of professionalism in nursing care. The Department of Veterans Affairs should encourage the professional development of its nursing staff through ongoing educational programs and through funding opportunities to support nurses in achieving a baccalaureate or masters degree in nursing. (b) Purposes.--The purposes of this Act are the following: (1) To clarify that the Secretary of Veterans Affairs and labor organizations representing health care employees can work together to improve patient care by allowing the Secretary the option of negotiation with exclusive employee representatives over safe staffing levels to ensure that veterans are provided with high quality care. (2) To improve the consistency, legitimacy, and fairness in the nurse pay and promotion system of the Veterans Health Administration by allowing the Secretary of Veterans Affairs and labor organizations to negotiate the process by which nurses and other health care professionals are promoted. (3) To provide for additional pay for Saturday tours of duty for additional health care workers in the Veterans Health Administration. (4) To provide for a program to be conducted by the Secretary of Veterans Affairs to assess the benefits of establishing a nurse preceptor program. SEC. 3. ENHANCING SAFETY AND QUALITY OF PATIENT CARE. Section 7422 of title 38, United States Code, is amended-- (1) by redesigning subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): ``(e) Nothing in subsection (b), (c), or (d) precludes the Secretary and any labor organization representing employees of the Veterans Health Administration from entering into a collective bargaining agreement, at the election of the Secretary, with respect to-- ``(1) the numbers, types, and grades of employees or positions assigned to any medical facility, clinic, or organizational subdivision; ``(2) the number of patients assigned to employees referred to in section 7401 of this title who are physicians, physicians assistants, or nurses; and ``(3) employee-to-patient ratios for employees referred to in section 7401 of this title other than those specified in paragraph (2).''. SEC. 4. IMPROVEMENTS TO THE RETENTION AND RECRUITMENT OF HEALTH CARE PROFESSIONALS. Section 7403 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(h) Nothing in this section, or in subsection (b), (c), and (d) of section 7422 of this title, shall limit the right or ability of any labor organization representing employees in the Veterans Health Administration to engage in collective bargaining with respect to the promotion processes established pursuant to this section. ``(i) In a case in which a registered nurse has accomplished the performance elements for promotion to the next grade, the lack of a specific type of educational degree shall not be an impediment to promotion, and in such a case the registered nurse shall not be denied a promotion on that basis.''. SEC. 5. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL HEALTH CARE WORKERS IN THE VETERANS HEALTH ADMINISTRATION. (a) In General.--Section 7454(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Employees appointed under section 7408 of this title shall be entitled to additional pay on the same basis as provided for nurses in section 7453(c) of this title.''. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to pay periods beginning on or after the date of the enactment of this Act. SEC. 6. NURSE PRECEPTOR PROGRAM. (a) Nature of Program.--The Secretary of Veterans Affairs shall carry out a nurse preceptor program to develop nurse preceptors who will act as mentors to newly hired registered nurses at Department of Veterans Affairs health care facilities. (b) Structure of Program.--The nurse preceptor program shall include the following: (1) For registered nurses interested in becoming nurse preceptors, intensive training and screening programs. (2) For registered nurses selected to be nurse preceptors-- (A) a rigorous 26-week training program; (B) continuous professional development classes; and (C) a salary increase equivalent to 5 percent of gross annual salary for any period during which the nurse functions as a nurse preceptor. (c) Annual Report to Congress.--Each year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the effectiveness and usefulness of the nurse preceptor program. The Secretary shall include in each report the following: (1) The Secretary's assessment of the benefits to veterans of the program. (2) The Secretary's assessment of the effect of the program on the Department of Veterans Affairs, including the effect on retention of a qualified nursing staff. (3) Any other findings and conclusions of the Secretary with respect to the program.
VA Medical Workforce Enhancement Act of 2003 - States that: (1) current collective bargaining requirements within the Veterans Health Administration (VHA) shall not preclude the Secretary of Veterans Affairs and any labor organization representing VHA employees from entering into a collective bargaining agreement with respect to the numbers, types, and grades of employees, the number of patients assigned to physicians, physicians assistants, or nurses, and employee-to-patient ratios within any VHA medical facility, clinic, or organizational subdivision; and (2) nothing shall limit the right or ability of any labor organization representing such employees from engaging in collective bargaining with respect to VHA promotion processes. Provides that when a VHA registered nurse has accomplished the performance elements of promotion to the next higher grade, the lack of a specific type of educational degree shall not be an impediment to such promotion.Authorizes additional pay for Saturday VHA nursing duty.Directs the Secretary to carry out a program to develop nurse preceptors to act as mentors to newly hired registered nurses at Department of Veterans Affairs health care facilities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection Act of 1993''. SEC. 2. REGISTRATION OF CONVICTED SEX OFFENDERS WHOSE VICTIMS ARE CHILDREN. (a) States To Register Persons Convicted of Sex Offenses Against Children.-- (1) In general.--Each State shall establish and maintain a registration program under this section requiring persons convicted of a sex offense against a victim who is a child to register a current address and other information that the Attorney General deems relevant, with a designated State law enforcement agency for 20 years after being released from prison or otherwise being freed from detention after the conviction becomes final. Each State shall permit members of the public to inquire whether any registered offenders live in their vicinity and whether a named individual is so registered. (2) Attorney general to establish guidelines.--The Attorney General shall establish guidelines for State registration programs under this section. (3) Mandatory elements of guidelines.--Such guidelines shall include provision for-- (A) a requirement that the State obtain the fingerprints, physical description, and current photographs of each registered person; (B) annual updating of the information contained in the registry by each registered person; (C) criminal penalties for failing to comply with the registration requirements; and (D) a toll-free phone number through which residents of the State may make the inquiries described in paragraph (1). (b) States To Report.-- (1) In general.--Each State shall report to the Attorney General, in such form and manner as the Attorney General shall prescribe-- (A) information about each conviction for a sex offense against a victim who is a child; and (B) the information on the registry that State is required to establish and maintain under subsection (a). (2) Annual summary of convictions.--The Attorney General shall publish an annual summary of convictions for sex offenses involving children, based on information reported under this section. (c) Sanction for Noncompliance by State.--If a State fails to comply with an obligation under subsection (a) or (b) during the period that begins 3 years after the date of the enactment of this Act, the allocation of funds under section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) shall be reduced by 25 percent, and the unallocated funds shall be reallocated to the States complying with those obligations. (d) Background Checks.-- (1) In general.--A State shall permit qualified entities to obtain from an authorized agency of the State a nationwide background check for the purpose of determining whether there is a report that a provider has been convicted of a background check crime. (2) Attorney general to provide information.--The Attorney General, in accordance with such rules and subject to such conditions as the Attorney General shall prescribe, shall provide to authorized agencies of States information possessed by the Department of Justice that would enable the agency to make the background check described in paragraph (1). In making such rules and setting such conditions, the Attorney General shall take care to assure-- (A) the currency and accuracy of the information; and (B) that the States maintain procedures to permit providers to check and correct information relating to such providers. (e) Definitions.--As used in this Act-- (1) the term ``child'' means a person who has not attained the age of 18 years; (2) the term ``sex offense'' means a criminal offense which includes as a element conduct that is a sexual act or sexual conduct as defined in section 2245 of title 18, United States Code; (3) the term ``State'' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States; (4) the term ``authorized agency of the State'' means the agency of the State the State designates to carry out the background checks described in subsection (d); (5) the term ``qualified entity'' means a business or organization of any sort that provides child education or child care or child education or child care placement services, including a business or organization that licenses or certifies others to provide such services; (6) the term ``provider'' means any person who-- (A) seeks or has contact with a child while that child is receiving care from a qualified entity; and (B) seeks employment or ownership of a qualified entity; and (7) the term ``background check crime'' means, with respect to a provider, any crime committed by that provider that, as determined under rules prescribed by the Attorney General, may affect the safety of children under the care of a qualified entity with respect to which that provider has a relationship described in paragraph (5).
Child Protection Act of 1993 - Requires each State to: (1) establish and maintain a program requiring persons convicted of a sex offense against a child victim to register a current address and other information deemed relevant by the Attorney General with a designated State law enforcement agency for 20 years after being released from prison or otherwise being freed from detention after the conviction becomes final; and (2) permit members of the public to inquire whether any registered offenders live in their vicinity and whether a named individual is so registered. Directs the Attorney General to establish guidelines for State registration programs, which shall include: (1) a requirement that the State obtain the fingerprints, physical description, and current photographs of each registered person; (2) annual updating of the registry information by each registered person; (3) criminal penalties for failing to comply with the registration requirements; and (4) a toll-free telephone number through which residents of the State may make inquiries. Sets forth provisions regarding: (1) State reporting requirements (and requires the Attorney General to publish an annual summary of convictions for sex offenses involving children, based on reported information); and (2) sanctions for noncompliance by a State. Requires: (1) a State to permit qualified entities to obtain from an authorized State agency a nationwide background check for the purpose of determining whether there is a report that a provider has been convicted of a background check crime; and (2) the Attorney General to provide to authorized State agencies information possessed by the Department of Justice that would enable the agency to make a background check (but assuring the currency and accuracy of the information and that the States maintain procedures to permit providers to check and correct information relating to them).
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SECTION 1. ENHANCED COMPENSATION BENEFITS FOR VETERANS IN CERTAIN CASES OF IMPAIRMENT OF VISION INVOLVING BOTH EYES. (a) Short Title.--This section may be cited as the ``Dr. James Allen Veteran Vision Equity Act''. (b) Enhanced Compensation.--Section 1160(a)(1) of title 38, United States Code, is amended-- (1) by striking ``blindness'' both places it appears and inserting ``impairment of vision''; and (2) by inserting before the semicolon at the end the following: ``, where the impairment in each eye is to a visual acuity of 20/200 or less''. SEC. 2. USE OF NATIONAL DIRECTORY OF NEW HIRES FOR INCOME VERIFICATION PURPOSES FOR CERTAIN VETERANS BENEFITS. (a) Use of Information in National Directory of New Hires.--Chapter 53 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5320. Use of National Directory of New Hires for income verification purposes ``(a) Information From National Directory of New Hires.--(1) The Secretary shall furnish to the Secretary of Health and Human Services, on a quarterly basis or at such intervals as may be determined by the Secretary, information in the custody of the Secretary for comparison with information in the National Directory of New Hires maintained by the Secretary of Health and Human Services pursuant to section 453 of the Social Security Act (42 U.S.C. 653), in order to obtain the information in such directory with respect to individuals under the age of 65 who are applicants for or recipients of benefits or services specified in subsection (d). ``(2) The Secretary shall seek information pursuant to this subsection only to the extent essential to determining eligibility for benefits and services specified in subsection (d) and the amount of benefits specified in paragraphs (1) and (2) of that subsection for individuals under the age of 65. ``(3)(A) The Secretary of Health and Human Services, in cooperation with the Secretary, shall compare information in the National Directory of New Hires with information in the custody of the Secretary furnished pursuant to paragraph (1), and disclose information in that Directory to the Secretary, in accordance with this subsection, for the purposes specified in this subsection. ``(B) The Secretary of Health and Human Services may make a disclosure in accordance with subparagraph (A) only to the extent that that Secretary determines that such disclosure does not interfere with the effective operation of the program under part D of title IV of the Social Security Act. ``(4) The Secretary may use information resulting from a data match pursuant to this subsection only for the purpose of determining eligibility for benefits and services specified in subsection (d) and the amount of benefits specified in paragraphs (1) and (2) of that subsection. ``(5) The Secretary shall reimburse the Secretary of Health and Human Services for the additional costs incurred by that Secretary in furnishing information under this subsection. Such reimbursement shall be at rates that the Secretary of Health and Human Services determines to be reasonable (which rates shall include payment for the costs of obtaining, verifying, maintaining, and comparing the information). ``(b) Notification to Beneficiaries.--The Secretary shall notify each applicant for, or recipient of, a benefit or service specified in subsection (d) that income information furnished by the applicant to the Secretary may be compared with information obtained by the Secretary from the Secretary of Health and Human Services under subsection (a). The Secretary shall periodically transmit to recipients of such benefits additional notifications of such matters. ``(c) Independent Verification Required.--The Secretary may not, by reason of information obtained from the Secretary of Health and Human Services under subsection (a), terminate, deny, suspend, or reduce any benefit or service described in subsection (d) until the Secretary takes appropriate steps to verify independently information relating to employment and employment income. ``(d) Covered Benefits and Services.--The benefits and services specified in this subsection are the following: ``(1) Needs-based pension benefits provided under chapter 15 of this title or under any other law administered by the Secretary. ``(2) Parents' dependency and indemnity compensation provided under section 1315 of this title. ``(3) Health-care services furnished under subsections (a)(2)(G), (a)(3), and (b) of section 1710 of this title. ``(4) Compensation paid under chapter 11 of this title at the 100 percent rate based solely on unemployability and without regard to the fact that the disability or disabilities are not rated as 100 percent disabling under the rating schedule. ``(e) Limitation With Respect to Individual Unemployability Cases.--In the case of compensation described in subsection (d)(4), the Secretary may independently verify or otherwise act upon wage or self- employment information referred to in subsection (c) of this section only if the Secretary finds that the amount and duration of the earnings reported in that information clearly indicate that the individual is not qualified for a rating of total disability. ``(f) Opportunity to Contest Findings.--The Secretary shall inform the individual of the findings made by the Secretary on the basis of verified information under subsection (c), and shall give the individual an opportunity to contest such findings, in the same manner as applies to other information and findings relating to eligibility for the benefit or service involved. ``(g) Source of Funds for Administration of Section.--The Secretary shall pay the expenses of carrying out this section from amounts available to the Department for the payment of compensation and pension. ``(h) Termination of Authority.--The authority of the Secretary to obtain information from the Secretary of Health and Human Services under subsection (a) expires on September 30, 2010.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5320. Use of National Directory of New Hires for income verification purposes.''. (c) Effective Date.--Section 5320 of title 38, United States Code, as added by subsection (a), shall take effect 270 days after the date of the enactment of this Act.
Dr. James Allen Veteran Vision Equity Act - Modifies the standard for awarding disability compensation to veterans for loss of vision to require payment of compensation for impairment of vision (currently, blindness) involving both eyes due to a service-connected and non service-connected disability. Defines such impairment as a visual acuity of 20/200 or less. Requires the Secretary of Veterans Affairs to provide the Secretary of Health and Human Services with information for comparison with the National Directory of New Hires to determine eligibility for certain veteran benefits and services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Medication Safety for Seniors Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Prescription medications are central to the health care of Americans, accessed by 65 percent of the U.S. public in a given year. (2) Medication related errors, or adverse drug events, are one of the most common types of medical errors and one of the greatest threats to patient safety. (3) Studies and data have documented the prevalence of inappropriate prescribing of medications remains a substantial problem, with an estimated 7,000 deaths in the United States occurring each year as a result of medication errors. (4) Medication errors not only are harmful to patients, but are financially costly to healthcare organizations and providers. (5) Resources that could be spent on direct health care services are diverted to counteract adverse drug events. (6) New tools and systems are necessary to address medical error problems. (7) Technology can be deployed which can vastly improve the medication management process and decrease preventable patient injuries. (8) Electronic prescribing systems hold the potential to substantially improve health care quality by reducing preventable adverse drug events. (9) Investment costs remain an obstacle for healthcare systems to create electronic prescribing systems. (b) Purpose.--The purpose of this Act is to encourage and create incentives for healthcare systems to develop an electronic prescribing system to improve safety and quality of care for all patients. SEC. 3. DEMONSTRATION PROGRAM FOR MEDICARE HEALTH CARE PROVIDERS TO IMPLEMENT ELECTRONIC PRESCRIPTION DRUG PROGRAMS. (a) Establishment of Demonstration Program.--The Secretary of Health and Human Services shall establish a demonstration program (in this section referred to as the ``demonstration program'') under which assistance described in subsection (b) is made available, upon request and on a voluntary basis, to medicare health care providers for the purpose of assisting those providers to offset the costs of electronic prescribing systems for those providers. (b) Assistance.--The assistance referred to in subsection (a) consists of the provision, directly or through grants under subsection (c), of the following: (1) Computer software and hardware, including handheld computer technologies and the installation of such software, hardware, and technologies. (2) Upgrades and other improvements to existing computer software and hardware to enable electronic prescribing systems. (3) Communications capabilities for clinical data access. storage, and exchange, including the installation of such capabilities. (4) Education and training to eligible staff of medicare health care providers on computer information system technologies made available under this section. (c) Awarding of Grants.-- (1) Authority.--The Secretary may make grants to medicare providers of services for the purchase, lease, and installation of the items and technologies described in subsection (b). (2) Application.--No grant may be made under this section except pursuant to a grant application that is submitted and approved in a time, manner, and form specified by the Secretary containing such information as the Secretary may require. (3) Limitation on grants.--Only 1 grant may be awarded under this section with respect to any medicare health care provider or group or practice of providers or suppliers, including providers furnishing services to medicare beneficiaries in long-term care facilities, skilled nursing facilities, and hospitals. (4) Terms and conditions.-- (A) In general.--Grants under this section shall be made under such terms and conditions as the Secretary specifies consistent with this section. (B) Provision of information.--As a condition for the awarding of a grant under this section, an applicant shall provide to the Secretary such information as the Secretary may require in order to-- (i) evaluate the project for which the grant is made; and (ii) ensure that funding provided under the grant is expended only for the purposes for which it is made. (C) Audit.--The Secretary shall conduct appropriate audits of grants under this section. (d) Demonstration Project Sites.-- (1) Number of sites.--The demonstration project established under this section shall be conducted in not more than 5 sites selected by the Secretary. (2) Selection criteria.--In selecting such sites, the Secretary shall give priority to sites in the following order: (A) First to sites in counties, or equivalent areas, in which the largest numbers of medicare beneficiaries reside. (B) Second to sites in rural areas. (e) Duration.--The authority of the Secretary to provide assistance under this section shall terminate on September 30, 2014. (f) Waiver Authority.--The Secretary may waive such requirements of titles XI and XVIII of the Social Security Act as may be necessary for the purposes of carrying out the demonstration project. (g) Evaluation and Report.-- (1) Evaluation.--The Secretary shall conduct evaluations of the clinical and cost-effectiveness of the demonstration project. (2) Reports.--The Secretary shall submit to Congress interim reports on the demonstration project, and not later than 6 months after the completion of the project, a final report on the demonstration project. Each report shall include the following: (A) An analysis of the patient outcomes and costs of furnishing care to the medicare beneficiaries participating in the project. (B) Such recommendations regarding the extension, expansion, or termination of the project as the Secretary determines appropriate. (h) Definition.--In this section: (1) Medicare health care provider.--The term ``medicare health care providers'' means any of the following that furnishes items or services for which payment is made under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.): (A) A provider of services, as that term is defined in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)). (B) A supplier, as that term is defined in section 1861(d) of the Social Security Act (42 U.S.C. 1395x(d)). (2) Medicare beneficiary.--The term ``medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act, or enrolled under part B of such title, or both. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (i) Authorization of Appropriations.-- (1) Amount of authorization.--There are authorized to be appropriated to the Secretary, from amounts not otherwise appropriated in the Treasury, to carry out this section $50,000,000 for fiscal year 2005, and such sums as may be necessary for each of fiscal years 2006 and 2007. (2) Availability.--Amounts appropriated pursuant to the authorization under paragraph (1) shall remain available without fiscal year limitation through September 30, 2014. (j) Implementation.--The Secretary may not implement the demonstration project under this section before the date on which the Secretary develops, adopts, recognizes, or modifies initial uniform standards relating to the requirements for electronic prescription drug programs under section 1860D-4(e)(4)(A) of the Social Security Act (42 U.S.C. 1395w-104(e)(4)(A)).
Ensuring Medication Safety for Seniors Act - Directs the Secretary of Health and Human Services to establish a demonstration program under which grants for computer hardware and software, as well as other communications capabilities, education, and training, are made available, upon request and on a voluntary basis, to Medicare health care providers to assist them in offsetting the costs of electronic prescribing systems.
{"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to establish a demonstration program under which the Secretary offsets the costs of electronic prescribing systems of Medicare health care providers."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Social Work Research Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Social workers focus on the improvement of individual and family functioning and the creation of effective health and mental health prevention and treatment interventions in order for individuals to become more productive members of society. (2) Social workers provide front line prevention and treatment services in the areas of school violence, aging, teen pregnancy, child abuse, domestic violence, juvenile crime, and substance abuse, particularly in rural and underserved communities. (3) Social workers are in a unique position to provide valuable research information on these complex social concerns, taking into account a wide range of social, medical, economic, and community influences from an interdisciplinary, family- centered, and community-based approach. SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART R--NATIONAL CENTER FOR SOCIAL WORK RESEARCH ``SEC. 399AA. ESTABLISHMENT. ``(a) Establishment.--The Secretary shall establish the National Center for Social Work Research (in this part referred to as the `Center') for the purpose of conducting, supporting, and disseminating targeted research on social work methods and outcomes related to problems of significant social concern. ``(b) Director.--The Secretary shall appoint the Director of the Center. ``SEC. 399BB. SPECIFIC AUTHORITIES. ``(a) In General.--To carry out the purpose described in section 399AA(a), the Director of the Center-- ``(1) shall promote research and training designed to inform social work practice, thus increasing the knowledge base and promoting a healthier America; ``(2) shall provide policymakers with empirically-based research information to enable them to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency; and ``(3) may establish in the Center and other nonprofit institutions, and make grants for, research traineeships and fellowships to address problems of significant social concern, especially in underserved populations and underserved geographical areas, through the study and investigation of-- ``(A) the prevention of disease; ``(B) health promotion; ``(C) the association of socioeconomic status, gender, ethnicity, age, and geographical location with health; ``(D) the social work care of individuals and families affected by acute and chronic illnesses, child abuse, neglect, or youth violence; and ``(E) child and family care. ``(b) Stipends and Allowances.--The Director of the Center may provide individuals receiving training, instruction, traineeships, or fellowships under this section with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary. ``SEC. 399CC. ADVISORY COUNCIL. ``(a) Duties.-- ``(1) In general.--The Secretary shall establish an advisory council for the Center (in this part referred to as the `advisory council') that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. ``(2) Gifts.--The advisory council may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. ``(3) Other duties and functions.--The advisory council-- ``(A)(i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; ``(ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and ``(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; ``(B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country and, with the approval of the Director of the Center, make such information available through appropriate publications; and ``(C) may appoint subcommittees and convene workshops and conferences. ``(b) Membership.-- ``(1) In general.--The voting members of the advisory council shall be the ex officio members described in paragraph (2) and not more than 18 individuals appointed by the Secretary under paragraph (3). ``(2) Ex officio members.--The ex officio members of the advisory council shall consist of the following officers and employees (or their designees): ``(A) The Secretary of Health and Human Services, the Director of the Center, the Director of the Centers for Disease Control and Prevention, the Director of the Institute of Education Sciences, the Assistant Attorney General for the Office of Justice Programs, the Director of the National Institutes of Health, the Associate Director for Prevention of the National Institute of Mental Health, and the Associate Director for Prevention of the National Institute on Drug Abuse. ``(B) An official of the Department of Health and Human Services with principal responsibility for health programs relating to children and families, designated by the Secretary of Health and Human Services. ``(C) An official of the Department of Defense with principal responsibility for health affairs, designated by the Secretary of Defense. ``(D) An official of the National Institute of Mental Health with principal responsibility for services research and clinical epidemiology, designated by the Director of the National Institute of Mental Health. ``(E) An official of the Department of Housing and Urban Development with principal responsibility for community planning and development, designated by the Secretary of Housing and Urban Development. ``(F) An official of the Veterans Health Administration with principal responsibility for social work programs, designated by the Under Secretary for Health of the Veterans Health Administration. ``(G) Any other officer or employee of the United States who, at the request of the Secretary, agrees to serve on the advisory council. ``(3) Appointed members.--The Secretary shall appoint not to exceed 18 individuals to the advisory council, of which-- ``(A) not more than two-thirds of such 18 individuals shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, of which at least 7 individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, policy, or research; and ``(B) not more than one-third of such 18 individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. ``(4) Compensation.--Members of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for an individual at grade GS-18 of the General Schedule. ``(c) Terms.-- ``(1) In general.--The term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member's term until a successor has been appointed. ``(2) Reappointments.--A member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. ``(3) Vacancy.--If a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. ``(4) Expiration of terms.--The Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. ``(d) Chairperson.-- ``(1) Selection.--The Secretary shall select the chairperson of the advisory council from among the members appointed under subsection (b)(3) and the Director of the Center. ``(2) Term.--The term of office of the chairperson shall be 2 years, except that such term shall not apply if the chairperson is the Director of the Center. ``(e) Meetings.--The advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center. ``(f) Administrative Provisions.--The Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council. ``(g) Comments and Recommendations.--The advisory council-- ``(1) may prepare for inclusion in the biennial report under section 399DD-- ``(A) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; ``(B) comments on the progress of the Center in meeting its objectives; and ``(C) recommendations with respect to the future direction and program and policy emphasis of the Center; and ``(2) such additional reports as the advisory council determines to be appropriate. ``SEC. 399DD. BIENNIAL REPORTS. ``(a) In General.--The Secretary shall transmit to the President and to the Congress a biennial report which shall be prepared by the Director of the Center, after consultation with the advisory council, and which shall consist of-- ``(1) a description of the activities of the Center and the program policies of the Director of the Center in the fiscal years for which the report is prepared; and ``(2) such additional information as the Director determines appropriate. ``(b) Comments by Advisory Council.--The Director of the Center shall provide the advisory council an opportunity to submit written comments described in section 399CC(g). ``SEC. 400. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this part, there is authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009.''.
National Center for Social Work Research Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish the National Center for Social Work Research to conduct, support, and disseminate targeted research on social work methods and outcomes related to problems of significant social concern. Requires the Secretary to appoint a Director of the Center to: (1) promote research and training designed to inform social work practice; (2) provide policy makers with empirically-based research information; and (3) establish research traineeships to address problems of significant social concern. Establishes an advisory council for the Center.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bear Protection Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) all 8 extant species of bear--Asian black bear, brown bear, polar bear, American black bear, spectacled bear, giant panda, sun bear, and sloth bear--are listed on Appendix I or II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249) (referred to in this section as ``CITES''); (2) Article XIV of CITES provides that Parties to CITES may adopt stricter domestic measures regarding the conditions for trade, taking, possession, or transport of species listed on Appendix I or II, and the Parties to CITES adopted a resolution in 1997 (Conf. 10.8) urging the Parties to take immediate action to demonstrably reduce the illegal trade in bear parts; (3) thousands of bears in Asia are cruelly confined in small cages to be milked for their bile, and the wild Asian bear population has declined significantly in recent years, as a result of habitat loss and poaching due to a strong demand for bear viscera used in traditional medicines and cosmetics; (4) Federal and State undercover operations have revealed that American bears have been poached for their viscera; (5) while most American black bear populations are generally stable or increasing, commercial trade could stimulate poaching and threaten certain populations if the demand for bear viscera increases; and (6) prohibitions against the importation into the United States and exportation from the United States, as well as prohibitions against the interstate trade, of bear viscera and products containing, or labeled or advertised as containing, bear viscera will assist in ensuring that the United States does not contribute to the decline of any bear population as a result of the commercial trade in bear viscera. SEC. 3. PURPOSES. The purpose of this Act is to ensure the long-term viability of the world's 8 bear species by-- (1) prohibiting interstate and international trade in bear viscera and products containing, or labeled or advertised as containing, bear viscera; (2) encouraging bilateral and multilateral efforts to eliminate such trade; and (3) ensuring that adequate Federal legislation exists with respect to domestic trade in bear viscera and products containing, or labeled or advertised as containing, bear viscera. SEC. 4. DEFINITIONS. In this Act: (1) Bear viscera.--The term ``bear viscera'' means the body fluids or internal organs, including the gallbladder and its contents but not including blood or brains, of a species of bear. (2) Import.--The term ``import'' means to land on, bring into, or introduce into any place subject to the jurisdiction of the United States, whether or not the landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. (3) Person.--The term ``person'' means-- (A) an individual, corporation, partnership, trust, association, or other private entity; (B) an officer, employee, agent, department, or instrumentality of-- (i) the Federal Government; (ii) any State, municipality, or political subdivision of a State; or (iii) any foreign government; (C) any other entity subject to the jurisdiction of the United States. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory, commonwealth, or possession of the United States. (6) Transport.--The term ``transport'' means to move, convey, carry, or ship by any means, or to deliver or receive for the purpose of movement, conveyance, carriage, or shipment. SEC. 5. PROHIBITED ACTS. (a) In General.--Except as provided in subsection (b), a person shall not-- (1) import into, or export from, the United States bear viscera or any product, item, or substance containing, or labeled or advertised as containing, bear viscera; or (2) sell or barter, offer to sell or barter, purchase, possess, transport, deliver, or receive, in interstate or foreign commerce, bear viscera or any product, item, or substance containing, or labeled or advertised as containing, bear viscera. (b) Exception for Wildlife Law Enforcement Purposes.--A person described in subparagraph (B) of section 4(3) may import into, or export from, the United States, or transport between States, bear viscera or any product, item, or substance containing, or labeled or advertised as containing, bear viscera if the importation, exportation, or transportation-- (1) is solely for purposes of enforcing laws relating to the protection of wildlife; and (2) is authorized by a valid permit issued under Appendix I or II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249), in any case in which such a permit is required under the Convention. SEC. 6. PENALTIES AND ENFORCEMENT. (a) Criminal Penalties.--A person that knowingly violates section 5 shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. (b) Civil Penalties.-- (1) Amount.--A person that knowingly violates section 5 may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. (2) Manner of assessment and collection.--A civil penalty under this subsection shall be assessed, and may be collected, in the manner in which a civil penalty under the Endangered Species Act of 1973 may be assessed and collected under section 11(a) of that Act (16 U.S.C. 1540(a)). (c) Seizure and Forfeiture.--Any bear viscera or any product, item, or substance exported, imported, sold, bartered, attempted to be exported, imported, sold, bartered, offered for sale or barter, purchased, possessed, transported, delivered, or received in violation of this section (including any regulation issued under this section) shall be seized and forfeited to the United States. (d) Regulations.--After consultation with the Secretary of the Treasury and the United States Trade Representative, the Secretary shall issue such regulations as are necessary to carry out this section. (e) Enforcement.--The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this section in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)). (f) Use of Penalty Amounts.--Amounts received as penalties, fines, or forfeiture of property under this section shall be used in accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)). SEC. 7. DISCUSSIONS CONCERNING BEAR CONSERVATION AND THE BEAR PARTS TRADE. The Secretary shall continue discussions concerning trade in bear viscera with the appropriate representatives of Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora and with other representatives of countries that are not party to the Convention which are determined by the Secretary and the United States Trade Representative to be the leading importers, exporters, or consumers of bear viscera, in order to seek to establish coordinated efforts with these countries to protect bears. SEC. 8. CERTAIN RIGHTS NOT AFFECTED. Except as provided in section 5, nothing in this Act shall be construed to affect the regulation by any State of its bear population or to affect the hunting of bears that is lawful under applicable State laws and regulations.
Bear Protection Act of 2001 - Prohibits any person from: (1) importing bear viscera into, or exporting it from, the United States; or (2) selling bear viscera, bartering, offering it for sale or barter, or purchasing, possessing, transporting, delivering, or receiving it in interstate or foreign commerce. Subjects persons who violate such prohibitions to specified penalties. Waives such prohibition for wildlife law enforcement purposes where a valid permit has been issued.Requires the Secretary of the Interior to continue discussions concerning trade in bear viscera with the appropriate representatives of Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora and with other representatives of countries that are not party to the Convention which are determined to be the leading importers, exporters, or consumers of such products, in order to establish coordinated efforts with such countries to protect bears.Declares that nothing in this Act shall be construed to affect State regulation of bear population or to affect the lawful hunting of bears under State law.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Reform in Campaigns Act''. SEC. 2. REQUIRING MAJORITY OF HOUSE OF REPRESENTATIVES CANDIDATE FUNDS TO COME FROM INDIVIDUALS RESIDING IN DISTRICT. 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 Senator or the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not accept contributions with respect to an election cycle from persons other than individuals who reside in the State involved in excess of the total of contributions accepted from individuals who reside in the State involved.''. SEC. 3. WORKER RIGHT TO KNOW. (a) Contributions of Labor Organizations to All Political Committees Included.--Paragraph (2) of section 316(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``political committee,'' after ``campaign committee,''. (b) Applicability of Requirements to Labor Organizations.--Section 316(b) of such Act (2 U.S.C. 441b(b)) is amended by adding at the end the following new paragraph: ``(8)(A) Subparagraphs (A), (B), and (C) of paragraph (2) shall not apply to a labor organization unless the organization meets the requirements of subparagraphs (B), (C), and (D). ``(B) The requirements of this subparagraph are met only if the labor organization provides, at least once annually, to all employees within the labor organization's bargaining unit or units (and to new employees within 30 days after commencement of their employment) written notification presented in a manner to inform any such employee-- ``(i) that an employee cannot be obligated to pay, through union dues or any other mandatory payment to a labor organization, for the political activities of the labor organization, including, but not limited to, the maintenance and operation of, or solicitation of contributions to, a political committee, political communications to members, and voter registration and get-out-the-vote campaigns; ``(ii) that no employee may be required actually to join any labor organization, but if a collective bargaining agreement covering an employee purports to require membership or payment of dues or other fees to a labor organization as a condition of employment, the employee may elect instead to pay an agency fee to the labor organization; ``(iii) that the amount of the agency fee shall be limited to the employee's pro rata share of the cost of the labor organization's exclusive representation services to the employee's collective bargaining unit, including collective bargaining, contract administration, and grievance adjustment; ``(iv) that an employee who elects to be a full member of the labor organization and pay membership dues is entitled to a reduction of those dues by the employee's pro rata share of the total spending by the labor organization for political activities; ``(v) that the cost of the labor organization's exclusive representation services, and the amount of spending by such organization for political activities, shall be computed on the basis of such cost and spending for the immediately preceding fiscal year of such organization; and ``(vi) of the amount of the labor organization's full membership dues, initiation fees, and assessments for the current year; the amount of the reduced membership dues, subtracting the employee's pro rata share of the organization's spending for political activities, for the current year; and the amount of the agency fee for the current year. ``(C) The requirements of this subparagraph are met only if the labor organization provides all represented employees an annual examination by an independent certified public accountant of financial statements supplied by such organization which attests that the expenditures which the union claimed it made for certain expenses were actually made for those expenses. Such examination shall be conducted in accordance with generally accepted auditing standards. ``(D) The requirements of this subparagraph are met only if the labor organization-- ``(i) maintains procedures to promptly determine the costs that may properly be charged to agency fee payors as costs of exclusive representation, and explains such procedures in the written notification required under subparagraph (B); and ``(ii) if any person challenges the costs which may be properly charged as costs of exclusive representation-- ``(I) provides a mutually selected impartial decisionmaker to hear and decide such challenge pursuant to rules of discovery and evidence and subject to de novo review by the National Labor Relations Board or an applicable court; and ``(II) places in escrow amounts reasonably in dispute pending the outcome of the challenge. ``(E)(i) A labor organization that does not satisfy the requirements of subparagraphs (B), (C), and (D) shall finance any expenditures specified in subparagraphs (A), (B), or (C) of paragraph (2) only with funds legally collected under this Act for its separate segregated fund. ``(ii) For purposes of this paragraph, subparagraph (A) of paragraph (2) shall apply only with respect to communications expressly advocating the election or defeat of any clearly identified candidate for elective public office.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to contributions and expenditures made after the date of the enactment of this Act. SEC. 4. PROMOTING DISCLOSURE OF INFORMATION ON CAMPAIGN SPENDING BY ELIMINATING THRESHOLDS FOR REPORTING. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended-- (1) by striking ``$200'' each place it appears in subsections (b)(3)(A), (b)(3)(F), (b)(3)(G), (b)(5)(A), (b)(6)(A), (b)(6)(B)(iii), (b)(6)(B)(v), and (c)(2)(C) and inserting ``$1''; and (2) in subsection (c)(1), by striking ``$250'' and inserting ``$1''. SEC. 5. EQUALIZATION OF LIMITS ON CONTRIBUTIONS TO CANDIDATES BY INDIVIDUALS AND PACS. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended-- (1) in paragraph (1)(A), by striking ``$1,000'' and inserting ``$2,500''; and (2) in paragraph (2)(A), by striking ``$5,000'' and inserting ``$2,500''. SEC. 6. INDEXING OF AMOUNT OF LIMITATION ON AGGREGATE ANNUAL INDIVIDUAL CONTRIBUTIONS. Section 315(a)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended-- (1) by striking ``(3)'' and inserting ``(3)(A)''; and (2) by adding at the end the following new subparagraph: ``(B) For calendar years beginning with 1999, the amount in effect under this paragraph shall be equal to the amount in effect in the previous calendar year, increased (in a compounded manner) by the percentage increase in the price index (as defined in subsection (c)(2)) for the previous calendar year. In the case of any amount adjusted under this subparagraph which is not a multiple of $100, the amount shall be rounded to the nearest highest multiple of $100.''. SEC. 7. REQUIRING FEC TO MAKE REPORTS AVAILABLE ON INTERNET WITHIN 48 HOURS OF RECEIPT. Section 311(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)(4)) is amended by striking ``make them available for public inspection,'' and inserting ``post them on the Internet and otherwise make them available for public inspection,''. SEC. 8. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall apply with respect to election occurring after January 1999.
Election Reform in Campaigns Act - Amends the Federal Election Campaign Act of 1971 (FECA) to prohibit House candidates from accepting contributions in an election cycle from persons in excess of the total of contributions accepted from individuals who reside in the State involved. (Sec. 3) Modifies the term "contribution or expenditure" (as defined for the purposes of FECA and the Public Utility Holding Company Act) to include contributions and expenditures made to political committees by national banks, corporations, and labor organizations. Prohibits applying current FECA requirements regarding certain permissible political activities by national banks, corporations, and labor organizations to labor organizations unless specified conditions are met. Sets a limitation on communications made by labor organizations to their members and families. (Sec. 4) Eliminates thresholds for the reporting of identification information of certain persons. (Sec. 5) Equalizes the separate individual multicandidate political committees limits on contributions to candidates. (Sec. 6) Indexes the amount of the limitation on aggregate annual annual individual contributions. (Sec. 7) Revises requirements relating to the administrative duties of the Federal Election Commission (FEC) to require the FEC to post FECA reports on the Internet within 48 hours of receipt by the FEC.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Governors Island Preservation Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) in August 1776, the fortifications at Governors Island, New York, provided cover allowing George Washington's Continental Army to escape a British onslaught during the Battle of Long Island; (2) the State of New York, for nominal consideration, ceded control of Governors Island to the Federal Government in 1800 to provide for the defense of the United States; (3) during the War of 1812, the combined firepower of Castle Williams on Governors Island and the Southwest Battery in Manhattan dissuaded the British from making a direct attack on New York City, which was the largest city in and principal seaport of the United States at the time; (4) in 1901, 4,700,000 cubic yards of fill from the excavation of the Lexington Avenue Subway in Manhattan were deposited to increase the area of Governors Island from 90 to 172 acres; (5) Governors Island played a significant role in the Civil War, World War I, and World War II, and continued to serve the United States Army through 1966; (6) in 1958, the United States District Court for the Southern District of New York formally ratified the long possession of Governors Island by the United States through a condemnation proceeding that required ``just compensation'' of $1; (7) in 1966, the Army relocated operations from Governors Island, and the United States Coast Guard assumed control of the Island, an action that established an integral component of the Atlantic coast efforts of the Coast Guard for the following 30 years; (8) the Admiral's House on Governors Island hosted the final summit meeting between President Ronald W. Reagan and Soviet Premier Mikhail S. Gorbachev in December 1988, where the leaders presented each other with the Articles of Ratification for the Intermediate Nuclear Forces Treaty; (9) the Coast Guard ceased operations at Governors Island in 1997, leaving 225 buildings unoccupied, unused, and exposed to the harsh elements of New York Harbor; (10) Castle Williams is named after Lieutenant Colonel Jonathan Williams, who built the semi-circular ``cheesebox'' fort and later served as the first superintendent of West Point Military Academy; (11) the pentagonal Fort Jay, named after John Jay, is the complement of Fort Wood on nearby Bedloe Island, which serves as the base of the Statue of Liberty; (12) Castle Williams and Fort Jay, located within the Governors Island National Historic Landmark District, and more than 200 years of contributions to the history of the United States could be lost if Governors Island were to remain vacant or be sold to a private entity; (13) Castle Williams and Fort Jay, key elements of the Governors Island National Historic Landmark District, are worthy of continued Federal protection and should be designated a unit of the National Park System; and (14) the State of New York and the city of New York have agreed to a plan to be administered by the Governors Island Redevelopment Corporation, a subsidiary of the Empire State Development Corporation, that-- (A) offers what may be the only opportunity to ensure-- (i) public access to Governors Island; (ii) the preservation and protection of historic structures on Governors Island for future generations; and (iii) the ability of local elected officials, local community boards, and community organizations to participate in the redevelopment of Governors Island; and (B) would provide substantial educational and recreational facilities to the public. (b) Purposes.--The purposes of this Act are-- (1) to prevent the deterioration of the historic military buildings on Governors Island in New York Harbor; (2) to ensure that Castle Williams and Fort Jay are-- (A) retained in Federal ownership; (B) available for the benefit and inspiration of the people of the United States; and (C) afforded protection by the National Park Service as a unit of the National Park System; (3) to provide the general public with-- (A) access to Governors Island; (B) access to open park space to experience the majestic views of New York Harbor; and (C) opportunities that illustrate the significant contributions of Governors Island to the history of the United States; and (4) to return to the people of the State of New York property that the State of New York conveyed to the Federal Government, for nominal consideration, to provide for the defense of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) City.--The term ``City'' means the City of New York. (3) Corporation.--The term ``Corporation'' means Governors Island Redevelopment Corporation, a subsidiary of the Empire State Development Corporation governed by a board to be appointed by the State and the City (or any successor entity). (4) Management plan.--The term ``management plan'' means the management plan prepared under section 4(f). (5) Monument.--The term ``Monument'' means the Governors Island National Monument established under section 4(a). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of New York. SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT. (a) Establishment.--To preserve for the benefit and inspiration of the people of the United States as a national monument certain historic structures and associated land located on Governors Island in New York Harbor, there is established a unit of the National Park System to be known as the ``Governors Island National Monument''. (b) Composition.-- (1) In general.--The Monument shall be comprised of Castle Williams and Fort Jay, as depicted on the map entitled ``Governors Island National Monument Boundary Map'', numbered GOIS ____, and dated ____, 2000. (2) Inclusions.--The Monument shall include-- (A) the land on which Castle Williams and Fort Jay are situated; and (B) the land between Castle Williams and Fort Jay; as depicted on the map described in paragraph (1). (3) Availability of map.--The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Transfer.--Not later than 180 days after the date of enactment of this Act, as part of the overall disposition of Governors Island, the Administrator shall transfer administrative jurisdiction over the Monument to the Secretary. (d) Rights of Access.-- (1) Reservation.--As part of the overall disposition of Governors Island, the Administrator, subject to agreement by the Secretary and the Corporation, shall reserve the right of access for the Secretary to the Monument for purposes of operating and maintaining the Monument. (2) Utilities.--The provision of and access to utilities to the Monument shall be-- (A) determined as part of the disposition of Governors Island in accordance with the public service law of the State of New York; and (B) subject to agreement between the Secretary and the Corporation. (e) Administration.-- (1) In general.--On completion of the transfer under subsection (c), the Monument shall be administered by the Secretary in accordance with-- (A) this Act; and (B) laws generally applicable to units of the National Park System, including-- (i) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (ii) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (2) Cooperative agreements.--The Secretary, in consultation with the Corporation, may consult, and enter into cooperative agreements, with interested entities and individuals to provide for the preservation, development, interpretation, and use of the Monument. (f) Management Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, in consultation with the Corporation and other appropriate public and private entities, the Secretary shall prepare a management plan for the Monument. (2) Applicable law.--The Secretary shall prepare the management plan in accordance with-- (A) section 12(b) of the Act entitled ``An Act to improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'', approved August 18, 1970 (16 U.S.C. 1a- 7(b)); and (B) other applicable law. (3) Submission.--On completion of the management plan, the Secretary shall submit the management plan to-- (A) the Committee on Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out annual operation and maintenance of the Monument. SEC. 5. CONVEYANCE OF GOVERNORS ISLAND. (a) In General.-- (1) Conveyance.--Notwithstanding section 9101 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670) or any other provision of law, and except as provided in paragraphs (2) and (3), not later than 180 days after the date of enactment of this Act, the Administrator shall convey to the State of New York, for no consideration and for use consistent with sections 2 (a)(14) and (b), all right, title, and interest of the United States in and to Governors Island, to be administered by the Corporation. (2) Rights of access.--The conveyance under paragraph (1)(A) shall be subject to the rights of access described in section 4(d). (3) Exclusion of monument.--The Monument shall not be included in the conveyance under paragraph (1)(A). (b) Use and Redevelopment of Governors Island.--On completion of the conveyance under subsection (a)(1)(A), any use of the conveyed land shall be consistent with sections 2 (a)(14) and (b) and in compliance with-- (1) the New York State Environmental Quality Review Act (Sections 0101 through 0117 of the Environmental Conservation Law of New York); and (2) the document entitled ``Governors Island Preservation and Design Manual''-- (A) developed by the Administrator in accordance with-- (i) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (ii) applicable State and local historic preservation law; and (B) as approved by the Administrator, State, and City.
Requires the Administrator of General Services to transfer administrative jurisdiction over the Monument to the Secretary of the Interior. Requires the Secretary to submit a management plan for the Monument to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Authorizes appropriations for annual operation and maintenance. Directs the Administrator to convey Governors Island (excluding the Monument) to New York for use consistent with a plan to be administered by the Governors Island Redevelopment Corporation, the New York State Environmental Quality Review Act, and the Governors Island Preservation and Design Manual.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reserve Employer Tax Credit Act of 1999''. SEC. 2. TAX CREDIT FOR RESERVE FORCES PARTICIPATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45D. RESERVE FORCE PARTICIPATION CREDIT. ``(a) General Rule.--For purposes of section 38, the reserve force participation credit determined under this section is an amount equal to the sum of-- ``(1) the employment credit with respect to all qualified employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 50 percent of the amount of qualified compensation that would have been paid to the employee with respect to all periods during which the employee participates in qualified reserve duty to the exclusion of normal employment duties, including time spent in a travel status had the employee not been participating in qualified reserve duty. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(2) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the employee participates in qualified reserve duty, the term `qualified compensation' means compensation-- ``(A) which is normally contingent on the employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the employee were present and receiving such compensation, and ``(B) which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the employee participates in qualified reserve duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the employee. ``(3) Qualified employee.--The term `qualified employee' means a person who-- ``(A) has been an employee of the taxpayer for the 21-day period immediately preceding the period during which the employee participates in qualified reserve duty, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(c) Self-Employment Credit.-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 50 percent of the excess, if any, of-- ``(A) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(B) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402) of the taxpayer for the taxable year divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit In Addition to Deduction.--The employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee during any period the employee participates in qualified reserve duty to the exclusion of normal employment duties. ``(e) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The credit allowed by subsection (a) for the taxable year-- ``(i) shall not exceed $7,500 in the aggregate, and ``(ii) shall not exceed $2,000 with respect to each qualified employee. ``(B) Controlled groups.--For purposes of applying the limitations in subparagraph (A)-- ``(i) all members of a controlled group shall be treated as one taxpayer, and ``(ii) such limitations shall be allocated among the members of such group in such manner as the Secretary may prescribe. For purposes of this subparagraph, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as members of a controlled group. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the two succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period for which the person on whose behalf the credit would otherwise be allowable is called or ordered to active duty for any of the following types of duty: ``(A) active duty for training under any provision of title 10, United States Code, ``(B) training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code, or ``(C) full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(f) General Definitions and Special Rules.-- ``(1) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(2) Qualified reserve duty.--The term `qualified reserve duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(3) Normal employment and self-employment duties.--A person shall be deemed to be participating in qualified reserve duty to the exclusion of normal employment or self-employment duties if the person does not engage in or undertake any substantial activity related to the person's normal employment or self-employment duties while participating in qualified reserve duty unless in an authorized leave status or other authorized absence from military duties. If a person engages in or undertakes any substantial activity related to the person's normal employment or self-employment duties at any time while participating in a period of qualified reserve duty, unless during a period of authorized leave or other authorized absence from military duties, the person shall be deemed to have engaged in or undertaken such activity for the entire period of qualified reserve duty. ``(4) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section.'' (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended-- (1) by striking ``plus'' at the end of paragraph (11), (2) by striking the period at the end of paragraph (12) and inserting ``, plus'', and (3) by adding at the end the following new paragraph: ``(13) the reserve force participation credit determined under section 45D(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45C the following new item: ``Sec. 45D. Reserve force participation credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the calendar year which includes the date of the enactment of this Act.
Reserve Employer Tax Credit Act of 1999 - Amends the Internal Revenue Code to provide: (1) employers a business tax credit for a portion of compensation that was not paid with respect to members of the military reserves who were absent from work on qualified reserve duty; and (2) a comparable credit for participating self-employed individuals.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Truck Safety Act''. SEC. 2. COMMERCIAL TRUCK SAFETY PROGRAM. (a) In General.--Chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 413. Commercial truck safety program ``(a) Definition of Covered Truck.--In this section, the term `covered truck' means a 6-axle truck with a maximum gross weight of up to 100,000 pounds. ``(b) Program.--The Secretary shall establish a program to improve commercial motor vehicle safety on highways on the Interstate System in accordance with this section. ``(c) State Waivers for Covered Trucks on Interstate System.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary shall initiate a rulemaking to establish, by regulation, a demonstration program under which the Governor of a State may request from the Secretary, and the Secretary may grant, a 3-year waiver to covered trucks to operate on highways on the Interstate System in the State. ``(2) Submission of request.--The Governor of a State seeking a waiver under this subsection shall submit to the Secretary a request for the waiver that includes-- ``(A) a description of the proposed route of each highway, or portion of a highway, on the Interstate System on which covered trucks would be permitted to operate; ``(B) a certification by the chief engineer of the State transportation department that the proposed route could safely accommodate traffic that includes covered trucks; ``(C) a certification that the Interstate System within the State is maintained in good repair; and ``(D) such other information as the Secretary may require. ``(3) Determinations.-- ``(A) In general.--The Secretary shall-- ``(i) not later than 30 days after the date of receipt of a waiver request under paragraph (2)-- ``(I) acknowledge receipt of the request; and ``(II) commence a review of the waiver request; and ``(ii) not later than 90 days after the date of receipt, notify the Governor and appropriate members of the State legislature of the decision of the Secretary on the request. ``(B) Disapproval.--If the Secretary disapproves a request for a waiver under this subsection, the Secretary shall include with the notice of disapproval the specific safety concerns of the Secretary with respect to the highways covered by the request. ``(C) Failure to act.--A request for a waiver shall be considered to be approved under this subsection if the Secretary fails-- ``(i) to approve or disapprove a request in accordance with subparagraph (A); or ``(ii) to include with a notice of disapproval the specific safety concerns of the Secretary as required by subparagraph (B). ``(4) Data collection and review.-- ``(A) In general.--As a condition of receiving a waiver under this subsection, a State transportation department that receives such a waiver shall-- ``(i) collect data on the effects of the waiver (particularly the effects on accident rates involving heavier trucks); ``(ii) establish a safety committee to review the data; and ``(iii) establish rules and operating procedures for the program under this section. ``(B) Safety committee.--The safety committee of a State referred to in subparagraph (A)(ii) shall-- ``(i) be appointed by the Governor of the State; ``(ii) at a minimum, consist of-- ``(I) 1 member of the traveling public; ``(II) 1 member from a business that uses truck transportation services; ``(III) 1 commercial truck driver; ``(IV) 1 professional engineer from the State department of transportation; and ``(V) 1 member of a highway safety group; and ``(iii) submit to the State and the Secretary, for each of the 3 years a waiver received under this subsection is in effect, an annual report describing the data reviewed by the safety committee during the year covered by the report. ``(C) Record of approval.--At the end of the 3-year period of the program under this subsection, unless the Secretary, with the advice of the safety committee of a State established under subparagraph (A)(ii), determines that a waiver granted to the State under this subsection has resulted in an adverse impact on highway safety in the State and publishes the determination in the Federal Register, the waiver provided to the State under this section shall be considered to be permanent. ``(D) Waiver of vehicle weight limits.-- Notwithstanding section 127(a), a State that receives a waiver under this subsection shall not lose any apportionment to the State under chapter 1 by reason of noncompliance with any of the vehicle weight provisions of section 127 applicable to the use of certain vehicles weighing over 80,000 pounds on a highway.''. SEC. 3. CONFORMING AMENDMENT. The analysis for chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``413. Commercial truck safety program.''.
Commercial Truck Safety Act - Directs the Secretary of Transportation (DOT) to establish a program to improve commercial motor vehicle safety on Interstate System (IS) highways. Directs the Secretary to initiate a rulemaking to establish a demonstration program under which a state governor may request from the Secretary a three-year waiver for covered trucks (six-axle trucks with a maximum gross weight of up to 100,000 pounds) to operate on the state's IS highways. Requires a state, as a condition for receiving a waiver, to: (1) collect data on the waiver's effects, particularly on accident rates involving heavier trucks; and (2) establish a safety committee to review such data.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Affordable Small Dollar Loan Act of 2010''. SEC. 2. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS. The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following: ``SEC. 122. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS. ``(a) Purposes.--The purposes of this section are to-- ``(1) make financial assistance available from the Fund in order to help community development financial institutions defray the costs of operating small dollar loan programs, by providing the amounts necessary for such institutions to establish their own loan loss reserve funds to mitigate some of the losses on such small dollar loan programs; and ``(2) encourage community development financial institution to establish and maintain small dollar loan programs that would help give consumers access to mainstream financial institutions and combat payday lending. ``(b) Grants.-- ``(1) Loan-loss reserve fund grants.--The Fund shall make grants to community development financial institutions or to any partnership between such community development financial institutions and any other federally insured depository institution with a primary mission to serve targeted investment areas, as such areas are defined under section 103(16), to enable such institutions or any partnership of such institutions to establish a loan-loss reserve fund in order to defray the costs of a small dollar loan program established or maintained by such institution. ``(2) Matching requirement.--A community development financial institution or any partnership of institutions established pursuant to paragraph (1) shall provide non-Federal matching funds in an amount equal to 50 percent of the amount of any grant received under this section. ``(3) Use of funds.--Any grant amounts received by a community development financial institutions or any partnership between or among such institutions under paragraph (1)-- ``(A) may not be used by such institution to provide direct loans to consumers; ``(B) may be used by such institution to help recapture a portion or all of a defaulted loan made under the small dollar loan program of such institution; and ``(C) may be used to designate and utilize a fiscal agent for services normally provided by such an agent. ``(4) Technical assistance grants.--The Fund shall make technical assistance grants to community development financial institutions or any partnership between or among such institutions to support and maintain a small dollar loan program. Any grant amounts received under this paragraph may be used for technology, staff support, and other costs associated with establishing a small dollar loan program. ``(c) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis.--The term `consumer reporting agency that compiles and maintains files on consumers on a nationwide basis' has the same meaning given such term in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)). ``(2) Small dollar loan program.--The term `small dollar loan program' means a loan program under which a community development financial institution or any partnership between or among any such institutions offers loans to consumers that-- ``(A) are made in amounts not exceeding $2,500; ``(B) must be repaid in installments; ``(C) have no pre-payment penalty; ``(D) the institution has to report payments regarding the loan to at least 1 of the consumer reporting agencies that compiles and maintains files on consumers on a nationwide basis; and ``(E) meet any other affordability requirements as may be established by the Administrator. ``(d) Report to Congress.--Before the end of the 1-year period beginning on the date of the enactment of the Safe Affordable Small Dollar Loan Act of 2010, and each year thereafter, the Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report describing-- ``(1) the activities carried out by the Fund pursuant to this section; and ``(2) any measurable results, as appropriate and available, related to the achievement of the purposes of this section as described in subsection (a). ``(e) Authorization of Appropriations.-- ``(1) Grant program.--There are authorized to be appropriated for fiscal years 2010 through 2015 such sums as may be necessary to carry out the grant program established under this section. ``(2) Administrative expenses.--There is authorized to be appropriated to the Fund for each fiscal year beginning in fiscal year 2010, an amount equal to the amount of the administrative costs of the Fund for the operation of the grant program established under this section.''.
Safe Affordable Small Dollar Loan Act of 2010 - Amends the Community Development Banking and Financial Institutions Act of 1994 to require the Community Development Financial Institutions Fund to make grants to community development financial institutions or to any related partnership in order to enable such institutions to establish a loan-loss reserve fund to defray the costs of a small dollar loan program. Requires a community development financial institution to provide non-federal matching funds equal to 50% of the amount of any grant received. Prohibits the use of such grants to make direct loans to consumers. Permits a community development financial institution to use such a grant to: (1) help recapture a portion or all of a defaulted loan made under its small dollar loan program; and (2) designate and utilize a fiscal agent for services the agent normally provides. Requires the Fund to make technical assistance grants to community development financial institutions to support and maintain a small dollar loan program.
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SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Rural Renaissance Act II of 2005''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS. (a) In General.--Part IV of subchapter A of chapter 1 (relating to credits against tax) is amended by adding at the end the following new subpart: ``Subpart H--Nonrefundable Credit to Holders of Rural Renaissance Bonds ``Sec. 54. Credit to holders of rural renaissance bonds. ``SEC. 54. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a rural renaissance bond on a credit allowance date of such bond, which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a rural renaissance bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any rural renaissance bond is the product of-- ``(A) the credit rate determined by the Secretary under paragraph (3) for the day on which such bond was sold, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Determination.--For purposes of paragraph (2), with respect to any rural renaissance bond, the Secretary shall determine daily or caused to be determined daily a credit rate which shall apply to the first day on which there is a binding, written contract for the sale or exchange of the bond. The credit rate for any day is the credit rate which the Secretary or the Secretary's designee estimates will permit the issuance of rural renaissance bonds with a specified maturity or redemption date without discount and without interest cost to the qualified issuer. ``(4) Credit allowance date.--For purposes of this section, the term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term also includes the last day on which the bond is outstanding. ``(5) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed or matures. ``(c) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than subpart C thereof, relating to refundable credits). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(d) Rural Renaissance Bond.--For purposes of this section-- ``(1) In general.--The term `rural renaissance bond' means any bond issued as part of an issue if-- ``(A) the bond is issued by a qualified issuer, ``(B) 95 percent or more of the proceeds from the sale of such issue are to be used for capital expenditures incurred for 1 or more qualified projects, ``(C) the qualified issuer designates such bond for purposes of this section and the bond is in registered form, and ``(D) the issue meets the requirements of subsections (e) and (g). ``(2) Qualified project; special use rules.-- ``(A) In general.--The term `qualified project' means 1 or more projects described in subparagraph (B) located in a rural area. ``(B) Projects described.--A project described in this subparagraph is-- ``(i) a water or waste treatment project, ``(ii) an affordable housing project, ``(iii) a community facility project, including hospitals, fire and police stations, and nursing and assisted-living facilities, ``(iv) a value-added agriculture or renewable energy facility project for agricultural producers or farmer-owned entities, including any project to promote the production, processing, or retail sale of ethanol (including fuel at least 85 percent of the volume of which consists of ethanol), biodiesel, animal waste, biomass, raw commodities, or wind as a fuel, ``(v) a distance learning or telemedicine project, ``(vi) a rural utility infrastructure project, including any electric or telephone system, ``(vii) a project to expand broadband technology, ``(viii) a rural teleworks project, and ``(ix) any project described in any preceding clause carried out by the Delta Regional Authority. ``(C) Special rules.--For purposes of this paragraph-- ``(i) any project described in subparagraph (B)(iv) for a farmer-owned entity may be considered a qualified project if such entity is located in a rural area, or in the case of a farmer-owned entity the headquarters of which are located in a nonrural area, if the project is located in a rural area, and ``(ii) any project for a farmer-owned entity which is a facility described in subparagraph (B)(iv) for agricultural producers may be considered a qualified project regardless of whether the facility is located in a rural or nonrural area. ``(3) Special use rules.-- ``(A) Refinancing rules.--For purposes of paragraph (1)(B), a qualified project may be refinanced with proceeds of a rural renaissance bond only if the indebtedness being refinanced (including any obligation directly or indirectly refinanced by such indebtedness) was originally incurred after the date of the enactment of this section. ``(B) Treatment of changes in use.--For purposes of paragraph (1)(B), the proceeds of an issue shall not be treated as used for a qualified project to the extent that a borrower takes any action within its control which causes such proceeds not to be used for a qualified project. The Secretary shall prescribe regulations specifying remedial actions that may be taken (including conditions to taking such remedial actions) to prevent an action described in the preceding sentence from causing a bond to fail to be a rural renaissance bond. ``(e) Maturity Limitations.-- ``(1) Duration of term.--A bond shall not be treated as a rural renaissance bond if such bond is issued as part of an issue and-- ``(A) the average maturity of bonds issued as a part of such issue, exceeds ``(B) 120 percent of the average reasonable expected economic life of the facilities being financed with the proceeds from the sale of such issue. ``(2) Determination of averages.--For purposes of paragraph (1), the determination of averages of an issue and economic life of any facility shall be determined in accordance with section 147(b). ``(3) Ratable principal amortization required.--A bond shall not be treated as a rural renaissance bond unless it is part of an issue which provides for an equal amount of principal to be paid by the qualified issuer during each calendar year that the issue is outstanding. ``(f) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)) and the amount so included shall be treated as interest income. ``(g) Special Rules Relating to Expenditures.-- ``(1) In general.--An issue shall be treated as meeting the requirements of this subsection if-- ``(A) at least 95 percent of the proceeds from the sale of the issue are to be spent for 1 or more qualified projects within the 5-year period beginning on the date of issuance of the rural renaissance bond, ``(B) a binding commitment with a third party to spend at least 10 percent of the proceeds from the sale of the issue will be incurred within the 6-month period beginning on the date of issuance of the rural renaissance bond or, in the case of a rural renaissance bond, the proceeds of which are to be loaned to 2 or more borrowers, such binding commitment will be incurred within the 6-month period beginning on the date of the loan of such proceeds to a borrower, and ``(C) such projects will be completed with due diligence and the proceeds from the sale of the issue will be spent with due diligence. ``(2) Extension of period.--Upon submission of a request prior to the expiration of the period described in paragraph (1)(A), the Secretary may extend such period if the qualified issuer establishes that the failure to satisfy the 5-year requirement is due to reasonable cause and the related projects will continue to proceed with due diligence. ``(3) Failure to spend required amount of bond proceeds within 5 years.--To the extent that less than 95 percent of the proceeds of such issue are expended within such 5-year period (and no extension has been obtained under paragraph (2)), the qualified issuer shall redeem all of the nonqualified bonds on the earliest call date subsequent to the expiration of the 5- year period. If such earliest call date is more than 90 days subsequent to the expiration of the 5-year period, the qualified issuer shall establish a yield-restricted defeasance escrow within such 90 days to retire such nonqualified bonds on the earlier of the date which is 10 years after the issue date or the first call date. For purposes of this paragraph, the term `nonqualified bonds' means the portion of the outstanding bonds in an amount that, if the remaining bonds were issued on the fifth anniversary of the date of the issuance of the issue, at least 95 percent of the proceeds of the remaining bonds would be used to provide qualified projects. ``(h) Special Rules Relating to Arbitrage.-- ``(1) In general.--A bond which is part of an issue shall not be treated as a rural renaissance bond unless, with respect to the issue of which the bond is a part, the qualified issuer satisfies the arbitrage rebate requirements of section 148 with respect to gross proceeds of the issue (other than any amounts applied in accordance with subsection (g)). For purposes of such requirements, yield over the term of an issue shall be determined under the principles of section 148 based on the qualified issuer's payments of principal, interest (if any), and fees for qualified guarantees on such issue. ``(2) Exception.--Amounts on deposit in a bona fide debt service fund with regard to any rural renaissance bond are not subject to the arbitrage rebate requirements of section 148. ``(i) Qualified Issuer.--For purposes of this section-- ``(1) In general.--The term `qualified issuer' means any not-for-profit cooperative lender which has as of the date of the enactment of this section received a guarantee under section 306 of the Rural Electrification Act and which meets the requirement of paragraph (2). ``(2) User fee requirement.--The requirement of this paragraph is met if the issuer of any rural renaissance bond makes grants for economic and community development projects on a semi-annual basis every year that such bond is outstanding in an annual amount equal to \1/2\ of the rate on United States Treasury bills of the same maturity multiplied by the outstanding principal balance of rural renaissance bonds issued by such issuer. ``(j) Special Rules Relating to Pool Bonds.--No portion of a pooled financing bond may be allocable to loan unless the borrower has entered into a written loan commitment for such portion prior to the issue date of such issue. ``(k) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Bond.--The term `bond' includes any obligation. ``(2) Pooled financing bond.--The term `pooled financing bond' shall have the meaning given such term by section 149(f)(4)(A). ``(3) Rural area.--The term `rural area' means any area other than-- ``(A) a city or town which has a population of greater than 50,000 inhabitants, or ``(B) the urbanized area contiguous and adjacent to such a city or town. ``(4) Partnership; s corporation; and other pass-thru entities.--Under regulations prescribed by the Secretary, in the case of a partnership, trust, S corporation, or other pass- thru entity, rules similar to the rules of section 41(g) shall apply with respect to the credit allowable under subsection (a). ``(5) Bonds held by regulated investment companies.--If any rural renaissance bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(6) Treatment for estimated tax purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a rural renaissance bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(7) Reporting.--Issuers of rural renaissance bonds shall submit reports similar to the reports required under section 149(e).''. (b) Reporting.--Subsection (d) of section 6049 (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on rural renaissance bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54(f) and such amounts shall be treated as paid on the credit allowance date (as defined in section 54(b)(4)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A), subsection (b)(4) shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i) of such subsection. ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (c) Clerical Amendments.-- (1) The table of subparts for part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Subpart H. Nonrefundable credit to holders of rural renaissance bonds.''. (2) Section 6401(b)(1) is amended by striking ``and G'' and inserting ``G, and H''. (d) Issuance of Regulations.--The Secretary of Treasury shall issue regulations required under section 54 of the Internal Revenue Code of 1986 (as added by this section) not later than 120 days after the date of the enactment of this Act. (e) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.
Rural Renaissance Act II of 2005 - Amends the Internal Revenue Code to allow holders of rural renaissance bonds a nonrefundable tax credit of 25 percent of the annual credit amount as determined by the Secretary of the Treasury. Defines "rural renaissance bond" as any bond issued by a nonprofit cooperative lender that is used for capital expenditures for qualified projects in rural areas, including projects for water or waste treatment, affordable housing, community facilities (e.g., hospitals, fire and police stations, nursing facilities, etc.), rural utility infrastructure, broadband technology, and rural teleworks. Sets forth rules for maturity limitations, arbitrage, and expenditures, including a requirement that 95 percent of the proceeds from the sale of a bond issue be spent on qualified projects within five yeas from the date of a bond issuance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Caves Revitalization Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to add surrounding land to the Monument-- (1) to enhance the protection of the resources associated with the Monument; and (2) to increase public recreation opportunities. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map titled ``Oregon Caves National Monument and Preserve'' numbered 150/80,023, and dated May 2010. (2) Monument.--The term ``Monument'' means the Oregon Caves National Monument established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909. (3) National preserve.--The term ``National Preserve'' means the National Preserve designated by section 4(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management. (6) State.--The term ``State'' means the State of Oregon. SEC. 4. DESIGNATION; LAND TRANSFER; BOUNDARY ADJUSTMENT. (a) In General.--The Monument shall be known and designated as the ``Oregon Caves National Monument and Preserve''. The land identified on the map as ``Proposed Addition Lands'' shall be designated as a National Preserve. (b) Land Transfer.--The Secretary of Agriculture shall-- (1) transfer approximately 4,070 acres of land identified on the map as the ``Proposed Addition Lands'' to the Secretary to be administered as part of the Oregon Caves National Monument and Preserve; and (2) adjust the boundary of the Rogue River-Siskiyou National Forest to exclude the land transferred under paragraph (1). (c) Boundary Adjustment.--The boundary of the National Monument is modified to exclude approximately 4 acres of land-- (1) located in the City of Cave Junction; and (2) identified on the map as the ``Cave Junction Unit'', as depicted on the map. (d) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (e) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Monument shall be considered to be a reference to the ``Oregon Caves National Monument and Preserve''. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary, acting through the Director of the National Park Service, shall administer the National Monument and Preserve in accordance with-- (1) this Act; (2) Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909; and (3) any law (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (b) Fire Management.--As soon as practicable after the date of enactment of this Act, in accordance with subsection (a), the Secretary shall revise the fire management plan for the Monument to include the National Preserve and, in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the National Monument and Preserve. (c) Existing Forest Service Contracts.--The Secretary shall allow for the completion of existing Forest Service stewardship and service contracts executed as of the date of enactment of this Act and shall recognize the authority of the Secretary of Agriculture for the purpose of administering the existing Forest Service contracts through their completion. All terms and conditions of existing Forest Service contracts shall remain in place for the duration of those contracts. Any such liability existing at the time of enactment of this Act shall be that of the Forest Service. (d) Grazing.--The Secretary may allow the grazing of livestock within the preserve to continue where authorized under permits or leases in existence as of the date of enactment of this Act. Grazing shall be at no more than the current level, as measured in Animal Unit Months, and subject to applicable laws and National Park Service regulations. SEC. 6. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM. (a) Donation of Lease or Permit.-- (1) Acceptance by secretary concerned.--The Secretary concerned shall accept the donation of a grazing lease or permit from a leasee or permittee for-- (A) the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and (B) the Billy Mountain Grazing Allotment located on a parcel of land that is managed by the Secretary (acting through the Director of the Bureau of Land Management). (2) Termination.--With respect to each permit or lease donated under subparagraph (a), the Secretary shall-- (A) terminate the grazing permit or lease; and (B) ensure a permanent end to grazing on the land covered by the permit or lease. (b) Effect of Donation.--A lessee or permittee that donates a grazing lease or grazing permit (or a portion of a grazing lease or grazing permit) under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable. SEC. 7. HUNTING, FISHING, AND TRAPPING. (a) In General.--Except as provided in subsection (b), the Secretary shall permit hunting, fishing, and trapping on land and water within the National Preserve in accordance with each applicable law (including regulations) of the Federal Government and the State. (b) Administrative Exceptions.--In accordance with subsection (c), the Secretary may designate areas in which, and establish limited periods during which, no hunting, fishing, or trapping may be permitted within the National Preserve due to concerns relating to-- (1) public safety; (2) the administration of the National Preserve; or (3) the compliance by the Secretary with any applicable law (including regulations). (c) Consultation With Appropriate State Agency.--Except to respond to a situation that the Secretary determines to be an emergency, the Secretary shall consult with the appropriate agency of the State before taking any act to close any area within the National Preserve to hunting, fishing, or trapping. SEC. 8. EFFECT. Nothing in this Act affects the authority or responsibility of the State to carry out any law or duty of the State relating to fish and wildlife on areas located within the National Preserve. SEC. 9. WILD AND SCENIC RIVER DESIGNATION, RIVER STYX, OREGON. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by inserting the following paragraph: ``(__) River styx, oregon.--The subterranean segment of Cave Creek, known as the River Styx, to be administered by the Secretary of the Interior as a scenic river.''. SEC. 10. WILD AND SCENIC RIVER DESIGNATION FOR STUDY. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Oregon caves national monument and preserve, oregon.-- ``(A) Cave creek, oregon.--The 2.6-mile segment of Cave Creek from the headwaters at the River Styx to the boundary of the Rogue River Siskiyou National Forest. ``(B) Lake creek, oregon.--The 3.6-mile segment of Lake Creek from the headwaters at Bigelow Lakes to the confluence with Cave Creek. ``(C) No name creek, oregon.--The 0.6-mile segment of No Name Creek from the headwaters to the confluence with Cave Creek. ``(D) Panther creek.--The 0.8-mile segment of Panther Creek from the headwaters to the confluence with Lake Creek. ``(E) Upper cave creek.--The segment of Upper Cave Creek from the headwaters to the confluence with River Styx.''. SEC. 11. STUDY AND REPORT. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Oregon caves national monument and preserve, oregon.--Not later than 3 years after funds are made available to carry out this paragraph, the Secretary shall complete the study of the Oregon Caves National Monument and Preserve segments designated for study in subsection (a), and shall submit to Congress a report containing the results of the study.''.
Oregon Caves Revitalization Act of 2011 - Redesignates the Oregon Caves National Monument as the Oregon Caves National Monument and Preserve. Directs the Secretary of Agriculture (USDA) to transfer certain land identified as proposed addition lands to the Secretary of the Interior (the Secretary) and adjust the boundary of the Rogue River-Siskiyou National Forest to exclude such lands transferred by the Secretary. Directs the Secretaries to accept the donation of a grazing lease or permit from a lessee or permittee for the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest or the Billy Mountain Grazing Allotment located on a parcel of BLM-managed land. Amends the Wild and Scenic Rivers Act to designate the subterranean segment of the Cave Creek in Oregon known as the River Styx as a component of the national wild and scenic rivers system and certain additional segments of the Monument and Preserve for study for potential addition to the system.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing food-based Inorganic Compounds Exposure Act of 2015'' or the ``RICE Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to the World Health Organization, arsenic is a natural component of the Earth's crust and is widely and variably distributed throughout the environment in the air, water, and land. It is also used commercially in herbicides and poultry feed. (2) Arsenic is most toxic in its inorganic form. (3) Inorganic arsenic is a known carcinogen and long-term oral exposure to high levels of inorganic arsenic is associated with developmental defects, cardiovascular disease, neurotoxicity, and diabetes, according to the World Health Organization. (4) According to the European Food Safety Authority, the estimated exposure of young children to inorganic arsenic is 2 to 3 times the exposure of adults to inorganic arsenic. (5) According to the European Food Safety Authority, diet is the main source of arsenic exposure for most individuals. (6) According to the Food and Drug Administration, due to absorption from the soil and water, arsenic is present in many foods, including grains, fruits, and vegetables. (7) Rice takes up inorganic arsenic from soil and water more readily than other grains, according to the Food and Drug Administration. (8) Rice is a staple food in the diet of many individuals in the United States and is often one of the first foods fed to infants. According to the Food and Drug Administration, inorganic arsenic has been detected in an infant's first foods, such as infant rice cereal and brown rice syrup used in an increasing number of products including toddler formula and snack bars. Inorganic arsenic is also found in other rice products including children's breakfast cereals and rice itself. Rice may continue to be a large part of the diet of children who have swallowing difficulties and gastrointestinal reflux, according to the American Academy of Pediatrics. (9) The Food and Drug Administration's analysis of approximately 1,300 samples found that the average levels of inorganic arsenic for various rice and rice products are 0.1 to 7.2 micrograms per serving. (10) The Environmental Protection Agency limits concentrations of arsenic in all forms in drinking water to 10 parts per billion. The Food and Drug Administration has established a limit of 10 parts per billion in bottled water, and has also proposed a limit of 10 parts per billion in apple juice. However, there are no Federal limits for arsenic in most foods, including rice for adults and children or baby foods. SEC. 3. ESTABLISHMENT OF LIMITATION ON INORGANIC ARSENIC IN RICE AND RICE PRODUCTS. (a) Regulation Required.--For the purpose of protecting the public health, not later than the day that is 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs and acting under the Secretary's authority under chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), shall promulgate a final regulation establishing the minimum quantity of inorganic arsenic contained in rice or a rice product which shall cause the rice or rice product, respectively, to be deemed to be adulterated under section 402 of such Act (21 U.S.C. 343). (b) Scope of Regulation.--The minimum quantity established under subsection (a) shall apply to rice and rice products containing inorganic arsenic regardless of whether the arsenic is present as a result of a natural process, an ingredient added to a food, the use of a pesticide, or other means. (c) Regulation Includes Tolerances.--The regulation under subsection (a) shall include the establishment of a tolerance under section 406 and section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346; 346a). (d) Minimum Stringency.--The standard established under subsection (a) (and any subsequent revision thereto) for inorganic arsenic contained in rice or a rice product shall-- (1) be based on the maximum achievable reduction in health risks to individuals, taking into account the cancer effects, neurodevelopmental effects, and other health effects of arsenic exposure; (2) be protective of the long-term health of children, taking into account-- (A) the differing eating patterns of children; (B) the rate of brain development in children; (C) any differences in the metabolization of arsenic in children, as compared to adults; and (D) the fact that children have a longer expected life span than adults; and (3) include separate standards for rice milk and other frequently consumed rice-based foods, especially rice-based foods frequently consumed by infants and children. (e) Definitions.--For purposes of this Act: (1) Food.--The term ``food'' has the meaning given such term in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)). (2) Inorganic arsenic.--The term ``inorganic arsenic'' means inorganic arsenic and its metabolites. (3) Rice.--The term ``rice'' means a food that is rice. (4) Rice product.--The term ``rice product'' means a food that contains an ingredient made from rice. SEC. 4. REPORT ON INORGANIC ARSENIC IN RICE. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Congress on inorganic arsenic in rice grown in the United States. (b) Contents.--The report under subsection (a) shall include-- (1) an analysis of-- (A) the agronomy and production management practices that will reduce inorganic arsenic in rice; (B) the germplasm analysis and breeding that may reduce inorganic arsenic in rice; (C) the analytical technology improvements needed to address the issue of inorganic arsenic in rice; and (D) the current efforts of Federal agencies to reduce inorganic arsenic in the food supply; (2) recommendations for actions by the Federal Government in order to reduce the presence of inorganic arsenic in rice grown in the United States; and (3) recommendations for additional research on inorganic arsenic in rice, including the estimated cost for such research.
Reducing food-based Inorganic Compounds Exposure Act of 2015 or the RICE Act This bill directs the Food and Drug Administration to promulgate a final regulation establishing the minimum quantity of inorganic arsenic contained in rice or a rice product that will cause sale of the rice or rice product to be prohibited. The regulation must: (1) apply the minimum quantity to rice and rice products regardless of the origin of the arsenic, (2) include the establishment of tolerances, and (3) establish a standard for inorganic arsenic that is based on the maximum achievable reduction in health risks and is protective of the long-term health of children.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child and Family Services and Law Enforcement Partnership Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Homicide is the leading cause of death for young black males and females and is the second leading cause of juvenile injury deaths for all youth age 15-24. (2) Homicide rates for children and youth have more than doubled since 1950. (3) Teenagers are more than twice as likely as adults to be victims of violent crime, such as rape, robbery or assault. (4) Physical fighting severe enough to require medical treatment for at least one participant occurs among high school students in patterns similar to those of homicide. The incidence rates are higher for males than females, higher for minorities than for nonminorities, and more frequent between acquaintances than among strangers. (5) There is a need to supplement existing mental health services with a wide and varied range of preventive programs designed to reach those at greatest risk for development of behavioral or social problems. (6) The reach of professional mental health manpower can be expanded through consultative techniques and by the recruitment, selection and training of various nontraditional helping resources. (7) Community-based police, by their visibility at the neighborhood level and their engagement in benign activities, can provide role models and resources to promote the well-being of children and families, as well as to identify and refer those at risk for behavioral problems. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) identify children and families at high-risk for developing behavioral or emotional problems resulting from exposure to community violence and provide mental health services to such children and families, including crisis intervention for child witnesses and victims of violence; (2) facilitate interaction between child and family service organizations, law enforcement agencies, local educational agencies, and other community members for the purpose of building coalitions for the prevention of community violence; (3) augment law enforcement services and community policing efforts through the provision of training and support by child and family service organizations, and supplement child and family services through the training of law enforcement officers in child, family and cultural issues; and (4) provide role models for high-risk children and youth and promote conflict resolution training for children and youth in local educational agencies. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Child and family service organization.--The term ``child and family service organization'' means a public or private nonprofit entity (such as child guidance centers, child psychiatry or child psychology departments of hospitals or university medical centers, or community mental health centers providing child and family services) that provides mental health services to children and families and that meets the mental health center guidelines under section 1913(c) of the Public Health Service Act (42 U.S.C. 300x-2(c)), with respect to the level of professional care and services provided to children and families. (2) Community-based policing.--The term ``community-based policing'' means a commitment and an effort (within the confines of budget restrictions) made by a law enforcement agency to establish or expand cooperative efforts between the police and a community in order to increase police presence in the community, including-- (A) developing innovative neighborhood-oriented policing programs and community-based crime-prevention programs; (B) developing policies that reorient police from reacting to crime to preventing crime; and (C) creating decentralized police substations throughout the community to encourage interaction and cooperation between the public and law enforcement personnel on a local level, including the permanent assignment of officers to a specific neighborhood or substation. (3) Law enforcement agency.--The term ``law enforcement agency'' means an entity that serves a specified community and has the routine responsibility of policing the activities of such community. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 5. GRANTS AUTHORIZED. (a) In General.-- (1) Establishment grants.--The Secretary, in consultation with the Attorney General, may award grants to partnerships determined to be eligible under section 6 for the establishment of child and family services and law enforcement partnership programs. (2) Priority.--In awarding grants described in paragraph(1), the Secretary shall give priority to a partnership that includes a law enforcement agency engaged in community-based policing. (b) Grant Amount.-- (1) In general.--A grant awarded under this section shall be for an amount that is not less than $150,000 per year. Such grant shall be of a sufficient size to adequately support all anticipated activities. (2) Additional amounts.-- (A) In general.--The Secretary may award additional grant amounts for the purpose of enabling a partnership to provide mentoring or conflict resolution services. (B) Special rules.-- (i) Priority for mentoring services.--In awarding additional grant funds for the provision of mentoring services under subparagraph (A), the Secretary shall give priority to partnerships that demonstrate commitments from a broad spectrum of community groups to participate in mentoring programs. (ii) Conflict resolution services.--In awarding additional grant funds for the provision of conflict resolution services under subparagraph (A), the Secretary may not award grant funds to a partnership unless such partnership demonstrates a commitment from the local educational agency to provide conflict resolution programs in the schools in participation with such partnership. (c) Federal Share.-- (1) In general.--The Federal share of a grant made under this section may not exceed-- (A) with respect to the first fiscal year, 80 percent of the total costs of the projects described in the application submitted under section 6 for such fiscal year; (B) with respect to the second fiscal year, 70 percent of the total costs of the projects described in the application submitted under section 6 for such fiscal year; and (C) with respect to the third fiscal year, 60 percent of the total costs of the projects described in the application submitted under section 6 for such fiscal year. (2) In-kind contributions.--The Secretary shall accept the value of in-kind contributions made by the grant recipient as a part or all of the non-Federal share of grants. (d) Grant Duration.--A grant awarded under this Act shall be for a period of not less than 3 years. SEC. 6. APPLICATIONS. (a) In General.--To be eligible for a grant under this section an entity shall-- (1) be a partnership consisting of, at least, a child and family service organization and a law enforcement agency; and (2) prepare and submit to the Secretary an application in such form at such time and in accordance with such procedures as the Secretary shall establish. (b) Assurances.--Each application submitted under subsection (a) shall provide the following assurances: (1) There is a partnership established between, at least, a child and family service organization and a law enforcement agency. (2) The management, at the highest level, of the child and family service organization and law enforcement agency of the partnership agrees to the establishment of such partnership, and agrees that such organization and such agency of such partnership will cooperate in carrying out the program. (3) In developing the program, the applicant partnership has coordinated with other segments of the community to ensure that the partnership efforts complement existing community anti-violence efforts. (4) Programs established from funds received under grants awarded under this Act will do the following: (A) Be collaborative in nature, with respect to organizing and providing the necessary services to children and families. (B) Provide response to crisis situations 24 hours a day. (C) Provide confidentiality. (D) Be able to provide adequate resources for training of law enforcement officers and for support of professional consultation services for children and families, including professionals licensed to provide child and family evaluations and treatment. (E) Be able to respond to community needs in a manner reflecting sensitivity to the cultural diversity of that community. (5) The partnership will provide the following program components: (A) 24-hour consultation service that includes a team of child guidance professionals and specially trained law enforcement officers to respond to incidents where a child has either witnessed or been a victim of violence. Services by child guidance professionals may include in-home assessments, expedited referrals for treatment, consultations with parents and teachers, and on-the-spot crisis intervention. (B) Training to law enforcement officers that includes instruction by child and family service organizations in the basic principles of human behavior, child psychology, and family systems. All training will be interactive and jointly taught by law enforcement officers and child guidance professionals, in order to make use of real-life examples drawn from officers' experience in the field. Such training will include the following minimum course curriculum: (i) Ongoing training for recruits, in which experienced law enforcement officers may participate as is feasible for the department. (ii) Intensive workshops for law enforcement officers involved in field training. (iii) A program for supervisory law enforcement officers that provides an opportunity for such officers to observe child and family clinical work in a variety of settings. (C) Weekly case conferences by the team of child guidance professionals and law enforcement officers described in subparagraph (A). (D) Community activities for children and families that are designed jointly by the law enforcement and child and family services partnership, including conflict resolution training programs for children and youth, after-school activity and neighborhood recreation programs, and parent support groups co-led by child guidance and law enforcement professionals. (6) The partnership will provide local matching funds in accordance with the Federal share requirements under section 5(c). (c) Additional Assurances for Mentoring and Conflict Resolution Services.-- (1) In general.--Each application submitted under subsection (a) for additional funding for the provision of mentoring or conflict resolution services under section 5(b)(2) shall provide assurances described in paragraph (2) or (3), whichever is applicable. (2) Mentoring.--With respect to the provision of mentoring services, an applicant partnership shall provide assurances that such partnership will: (A) Provide formal mentoring programs that will include mentors such as police officers, mental health professionals, businessmen, or other community members provided through a partnership with corporations, universities, labor organizations, non-profit entities (such as professional societies) or government agencies. (B) Provide ongoing support services to mentors through the partnership's child and family services organization, in collaboration with law enforcement officers who receive training as described in subsection (b)(5)(B). Such services will include the following minimum components: (i) Provision of framework to help mentors understand the issues they may encounter in working with youth from deprived environments. (ii) Ongoing support groups that meet at a regularly scheduled time to provide mentors an opportunity to discuss the problems such mentors may encounter in working with children. (C) Collaborate, when possible, with elementary and secondary schools, universities, corporations, labor organizations, or government agencies with respect to matters relating to the partnership's mentoring program. (D) Recruit mentors who are representative of the cultural mix of the community such mentors serve. (3) Conflict resolution.--With respect to the provision of conflict resolution services, an applicant partnership shall provide the following assurances: (A) The child and family services organization and the law enforcement agency partnership, in collaboration with the local educational agency (hereafter referred to in this subparagraph as the ``LEA'') will assist the LEA in the development and implementation of conflict resolution programs. The assistance provided to the LEA in the preceding sentence shall be tailored to the needs and resources of the local school district, and may include providing assistance to an ongoing conflict resolution program run by such LEA, developing curricula for such a program in cooperation with the LEA, and providing such a program to an LEA. (d) Evaluation.-- (1) In general.--Applicants shall include in their application the design of an evaluation of program effectiveness in providing services under this Act, including a provision for an adequate control group, such as a nearby community of similar composition and level of violence. (2) Collaborations.--To facilitate the evaluation process, the Secretary shall encourage partnership grantees to form collaborative relationships with universities for the purpose of evaluating program effectiveness under paragraph (1). Partnership grantees shall contract with outside organizations for such evaluation. (3) Limitation.--Not more than 15 percent of grants awarded under section 5 may be set aside for the evaluation described in paragraph (1). (4) Coordination.--The Secretary shall coordinate the evaluation described in paragraph (1) of all partnership grantees and ensure that such grantees collect comparable data for such evaluation. SEC. 7. TRAINING AND TECHNICAL ASSISTANCE. The Secretary shall provide training and technical assistance to partnership grantees. SEC. 8. REPORTS. (a) Interim.--Not later than December 31, 1996, the Secretary shall prepare and submit to the appropriate committees of Congress an interim progress report on the evaluation conducted under section 6(d). (b) Final.--Not later than December 31, 1998, the Secretary shall prepare and submit to the appropriate committees of Congress a review and summary of the result of the evaluation conducted under section 6(d). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $50,000,000 for fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995 through 1999.
Child and Family Services and Law Enforcement Partnership Act - Authorizes the Secretary of Health and Human Services to award grants for the establishment of child and family services and law enforcement partnership programs. Directs the Secretary to give priority to partnerships that include a law enforcement agency engaged in community-based policing. Authorizes the Secretary to award additional grant amounts to enable a partnership to provide mentoring or conflict resolution services. Prescribes funding guidelines and partnership assurances. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on International Religious Freedom Reauthorization Act of 2015''. SEC. 2. DESIGNATION OF ENTITIES OF PARTICULAR CONCERN FOR RELIGIOUS FREEDOM. Section 402(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)) is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (2) in subparagraph (A)-- (A) by inserting ``, or whether such violations are occurring in territories in which a government does not exist or does not exercise control,'' after ``religious freedom in that country''; and (B) by striking ``The President'' and inserting the following: ``(B) Designations.-- ``(i) Governments.--The President''; and (3) in subparagraph (B), as redesignated, by adding at the end the following: ``(ii) Non-state actors.--The President shall designate each non-state actor that has engaged in particularly severe violations of religious freedom as entities of particular concern for religious freedom.''. SEC. 3. ESTABLISHMENT AND COMPOSITION. Section 201 of the International Religious Freedom Act of 1998 (22 U.S.C. 6431) is amended-- (1) in subsection (a), by inserting ``, which shall be an independent Federal Government advisory body'' before the period at the end; (2) in subsection (b)-- (A) in paragraph (2)(A), by inserting at the end the following: ``The Commission as a whole shall also have expertise on the variety of faiths practiced around the world.''; and (B) in paragraph (3), by striking ``The appointments required by paragraph (1) shall be made not later than 120 days after the date of the enactment of this Act.'' and inserting ``An appointment required under paragraph (1)(B) should be made not later than 90 days after a vacancy is created on the Commission.''; (3) by amending subsection (d) to read as follows: ``(d) Election of Chair and Vice Chair.-- ``(1) In general.--Subject to paragraphs (2) and (3), at the first meeting of the Commission after May 30 of each year, a majority of the members of the Commission present and voting shall elect the Chair and Vice Chair of the Commission. ``(2) Political party balance.--At the first meeting of the Commission after May 30, 2016, the members of the Commission shall elect-- ``(A) as Chair, a Commissioner appointed by an elected official of the political party of the President; and ``(B)(i) as Vice Chair, a Commissioner appointed by an elected official of the political party that is not the political party of the President; or ``(ii) in the occasion of 2 Vice Chairs-- ``(I) 1 Vice Chair appointed by an elected official of the political party of the President; and ``(II) 1 Vice Chair appointed by an elected official of the political party that is not the political party of the President. ``(3) Rotation.--After the election described in paragraph (1), the positions of Chair and Vice Chair shall rotate on an annual basis between Commissioners appointed by elected officials of each political party.''; (4) in subsection (f), by adding at the end the following: ``The Ambassador at Large shall be given advance notice of all Commission meetings and may attend all Commission meetings as a non-voting member of the Commission''; and (5) in subsection (g), by striking the second sentence. SEC. 4. POWERS OF THE COMMISSION. Section 203(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6432a(a)) is amended by striking ``may'' and inserting ``shall''. SEC. 5. COMMISSION PERSONNEL MATTERS. Section 204 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432b) is amended-- (1) in subsection (a)-- (A) in the second sentence, by inserting ``voting'' after ``nine''; and (B) by adding at the end the following: ``The Commission shall conduct an annual review of the Executive Director.''; (2) in subsection (b), by inserting ``voting members of the'' after ``The''; (3) in subsection (c), by inserting ``The Commission, working with the Executive Director, shall establish internal hiring procedures and practices for professional staff that reflect the collaborative nature of the hiring process.'' after ``qualifications.''; and (4) in subsection (e), by adding at the end the following: ``The Department of State is encouraged to allow Commissioners and Commission staff with the appropriate security clearance access to classified information, in order to fulfill the duties and responsibilities of their positions.''. SEC. 6. STANDARDS OF CONDUCT AND DISCLOSURE. Section 208 of the International Religious Freedom Act of 1998 (22 U.S.C. 6435a) is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following: ``(2) Conflict of interest.--It is unlawful for a Commissioner to permit any person, entity, or special interest group, including foreign governments and state-owned enterprises, to inappropriately influence the Commissioner or to pose a conflict of interest with his or her official duties. If such inappropriate influence or conflict of interest is discovered, the affected Commissioner shall recuse himself or herself from any discussion, decision, recommendation, or vote relating to such person, entity, or special interest group.''; and (2) in subsection (d)(2), by adding at the end the following: ``(H) Intern, fellowship, and volunteer programs that are primarily of educational benefit to the intern, fellow, or volunteer if the number, duration, and funding source of any such internship, fellowship, or volunteer program is described in the annual financial report required under subsection (e) and the funding source has been approved by a majority vote of the Commission. Sponsoring private parties may provide compensation and benefits to interns, fellows, and volunteers if no conflict of interest arises and the Commissioners are notified by any such sponsoring private parties of such compensation and benefits.''. SEC. 7. EXTENSION AND TERMINATION OF AUTHORITY. The International Religious Freedom Act of 1998 (Public Law 105- 292) is amended-- (1) in section 207(a) (22 U.S.C. 6435(a)), by striking ``2015'' and inserting ``2021''; and (2) in section 209 (22 U.S.C. 6436), by striking ``September 30, 2015'' and inserting ``September 30, 2021''. SEC. 8. TRAINING FOR FOREIGN SERVICE OFFICERS. Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``and the director'' and inserting ``the director''; and (B) by inserting ``and members of the United States Commission on International Religious Freedom,'' after ``Training Center,''; and (2) in paragraph (2)-- (A) by striking ``and the various'' and inserting ``the various''; and (B) by inserting ``, the relationship between religious freedom and security, and the role of religious freedom in United States foreign policy'' after ``violations of religious freedom''.
United States Commission on International Religious Freedom Reauthorization Act of 2015 Amends the International Religious Freedom Act of 1998 to reauthorize the U.S. Commission on International Religious Freedom (USCIRF) as an independent federal government advisory body through FY2021. Requires the President's annual review of the status of religious freedom in each foreign country to include determinations regarding religious freedom violations being engaged in or tolerated in territories in which a government does not exist or does not exercise control. Directs the President to designate nonstate actors that have engaged in particularly severe violations as entities of particular concern for religious freedom. Requires USCIRF as a whole to have expertise on the variety of faiths practiced around the world. Requires appointments to USCIRF to be made not later than 90 days after the creation of a vacancy. Directs USCIRF, during its first meeting after May 30, 2016, to elect: (1) as Chair, a Commissioner appointed by an elected official of the political party of the President; and (2) as Vice Chair, a Commissioner appointed by an elected official of the political party that is not the political party of the President (or on the occasion of two Vice Chairs, one Vice Chair appointed by an elected official of the President's party and the other Vice Chair appointed by an elected official of the other party). Sets forth a process for future elections in which the positions of Chair and Vice Chair rotate annually between Commissioners appointed by elected officials of each political party. Allows the Ambassador at Large to attend all meetings as a nonvoting member. Removes authority under which a USCIRF member may serve after the expiration of that member's term until a successor has taken office. Requires (currently, allows) USCIRF to hold hearings, take actions and testimony, and receive evidence. Requires USCIRF to conduct an annual review of the Executive Director. Directs USCIRF to work with the Executive Director to establish internal hiring practices for professional staff. Encourages the Department of State to allow classified information to be accessed by USCIRF Commissioners and staff with the appropriate security clearance. Prohibits Commissioners from permitting any person, entity, or special interest group, including foreign governments and state-owned enterprises, to inappropriately influence or pose a conflict of interest with a Commissioner's official duties. Requires Commissioners to recuse themselves from related discussions or decisions if such an inappropriate influence or conflict is discovered. Revises restrictions on USCIRF's acceptance of gifts and donations to permit sponsoring private parties to provide compensation and benefits to interns, fellows, and volunteers under specified conditions. Amends the Foreign Service Act of 1980 to require the State Department to receive assistance from USCIRF when establishing training for Foreign Service officers in the field of internationally recognized human rights, including instruction regarding the relationship between religious freedom and security, as well as the role of religious freedom in U.S. foreign policy.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Participation Incentive Act of 2005''. SEC. 2. MAXIMUM RATE OF INCOME TAX FOR C CORPORATIONS WITH SUBSTANTIAL EMPLOYEE OWNERSHIP. (a) In General.--Section 11 of the Internal Revenue Code of 1986 (relating to tax on corporations) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Maximum Rate of 30 Percent for Corporations With Substantial Employee Ownership.-- ``(1) In general.--Except as provided in subsection (b)(2), the maximum rate of tax under subsection (b) shall be 30 percent with respect to any corporation if, with respect to such corporation-- ``(A) the employee voting percentage is at least 20 percent, and ``(B) the employee value percentage is at least 20 percent. ``(2) Definitions.--For purposes of this subsection-- ``(A) Employee voting percentage.--The term `employee voting percentage' means the percentage of the total voting power of the stock of such corporation which is held directly by employees of such corporation. ``(B) Employee value percentage.--The term `employee value percentage' means the percentage of the total value of the stock of such corporation which is held directly by employees of such corporation. ``(C) Stock.--The term `stock' has the meaning given such term under section 1504. ``(3) Determination of ownership averages.-- ``(A) In general.--The determination of the employee voting percentage and the employee value percentage shall be made on the last day of the taxable year of the corporation. ``(B) Holdings of 5 percent-shareholders and highly compensated employees disregarded.--Each such percentage shall be determined without regard to the holdings of any highly compensated employee (as defined in section 414(q)). Notwithstanding the preceding sentence, the holdings of 5-percent owners (as defined in such section) shall be taken into account if the corporation has 50 or fewer employees. ``(C) Controlled groups.--In the case of corporations which are treated as a single employer under section 52(a)-- ``(i) such corporations shall be treated as 1 corporation for purposes of subparagraph (B), and ``(ii) the Secretary shall prescribe regulations-- ``(I) for the application of this subsection in the case of corporations filing a consolidated return, and ``(II) to prevent the abuse of the purposes of this subsection.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. EXCLUSION FROM GROSS INCOME FOR COMPENSATION PAID IN STOCK BY CERTAIN CORPORATIONS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139A the following new section: ``SEC. 139B. COMPENSATION PAID IN STOCK BY CERTAIN CORPORATIONS. ``(a) In General.--In the case of an employee of an eligible corporation, gross income of such employee does not include remuneration received in the form of stock of such corporation or of any parent or subsidiary (within the meaning of section 422(b)) of such corporation. ``(b) Limitation.--The amount excluded under subsection (a) from the gross income of an employee for any taxable year shall not exceed 20 percent of the wages (as defined in section 3401(a) without regard to paragraph (23)) which would (but for this section) be includible in gross income for such year. ``(c) Eligible Corporation.--For purposes of this section, the term `eligible corporation' means, with respect to any taxable year of an employee, any corporation if-- ``(1) the corporation offers to pay remuneration for services performed during the calendar year in which or with which such taxable year ends in the form of stock of such corporation to at least 95 percent of such corporation's full- time employees, and ``(2) at least 95 percent of the value of the stock which is so offered during such calendar year is offered to employees whose wages (as defined in section 3401(a)) are among the bottom 75 percent of the employees when ranked on the basis of such wages. ``(d) Basis.--The amount excluded from gross income under this section shall not be taken into account in determining the basis of the stock.''. (b) Exclusion From Withholding.--Subsection (a) of section 3401 of such Code is amended by striking ``or'' at the end of paragraph (21), by striking the period at the end of paragraph (22) and inserting ``; or'', and by adding at the end the following new paragraph: ``(23) in the form of stock if at the time such stock is paid it is reasonable to believe that the employee will be able to exclude such stock from income under section 139B.''. (c) Clerical Amendment.--The table of sections for such part III is amended by inserting after the item relating to section 139A the following new item: ``139B. Compensation paid in stock by certain corporations.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 4. DEDUCTION ALLOWED TO ELIGIBLE CORPORATIONS AT TIME QUALIFIED STOCK OPTION GRANTED. (a) In General.--Subsection (a) of section 421 of the Internal Revenue Code of 1986 (relating to general rules for certain stock options) is amended by adding at the end the following flush sentence: ``Paragraph (2) shall not apply to options granted during any calendar year for which the corporation is an eligible corporation (as defined in section 139B(c)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to options granted after the date of the enactment of this Act.
Employee Participation Incentive Act of 2005 - Amends the Internal Revenue Code to: (1) cap at 30 percent the maximum income tax rate for corporations that have a 20 percent or greater employee ownership rate; (2) exclude from employee gross income up to 20 percent of wages paid in stock; and (3) allow such corporations a tax deduction for certain stock options granted to employees.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Records Reporting Improvement Act of 2017''. SEC. 2. RESTRICTION ON NCHIP GRANTS. Section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301) is amended by adding at the end the following: ``(g)(1) National Instant Criminal Background Check System.--For purposes of this subsection, the term `National Instant Criminal Background Check System' means the National Instant Criminal Background Check System established under section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) for firearms eligibility determinations. ``(2) Domestic Violence Record Defined.--For purposes of paragraph (3), a domestic violence record is the following: ``(A) A record that identifies a person who is subject to a court order described in section 922(g)(8) of title 18, United States Code. ``(B) A record that identifies a person who was convicted in any court of a misdemeanor crime of domestic violence, as defined in section 921(a)(33) of title 18, United States Code, during the 5 years preceding the date of enactment of this subsection. ``(3) Report to Congress.--Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report identifying the percentage of records described in paragraph (2) from each State that are accessible through the National Instant Criminal Background Check System. ``(4) Methodology.--The method established to calculate the number of records identified in paragraph (2) accessible through the National Instant Criminal Background Check System, as set forth in paragraph (2) and State compliance with the required level of reporting under paragraph (6), shall be determined by the Attorney General, after consultation with the States, in accordance with the following: ``(A) A record of an individual convicted of a misdemeanor crime of domestic violence shall be counted as accessible through the National Instant Criminal Background Check System if a record identifying the individual has been submitted to the NICS Index or a record identifies the individual in the Interstate Identification Index and the record in the Interstate Identification Index either complies with paragraph (c)(2) of section 102 of the NICS Amendment Improvements Act of 2007 (34 U.S.C. 40912), or otherwise clearly indicates that the person is ineligible to purchase or possess firearms as a result of the conviction. ``(B) A record of an individual subject to a court order described in section 922(g)(8) of title 18, United States Code shall be counted as accessible through the National Instant Criminal Background Check System if either a record identifying the individual has been submitted to the NICS Index, or the individual is identified in the Protection Order File of the National Crime Information Center and the record in the Protection Order File of the National Crime Information Center clearly indicates that the person is ineligible to purchase or possess firearms as a result of the court order. ``(5) Grant Eligibility.--Starting in each year as stated below, a State shall not be eligible for a grant under this section for purposes that do not contribute to the accessibility of the records described in paragraph (2) through the National Instant Criminal Background Check System, unless at least the following percentage of such records from that State are accessible through the National Instant Criminal Background Check System, as determined by the Attorney General in accordance with paragraph (4): ``(A) 30 percent of such records, starting 2021; ``(B) 50 percent of such records, starting 2023; and ``(C) 70 percent of such records, starting 2025. ``(6) Reallocation.--Any funds that are not allocated to a State because of the failure of the State to comply with the requirements of this subsection shall be reallocated to States that meet such requirements.''. SEC. 3. NARIP FUNDING FOR DOMESTIC VIOLENCE REPORTING. (a) Implementation Assistance to States.--Section 103(c) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end, the following: ``(2) The Attorney General shall waive the requirement of a relief from disabilities program for any State to receive a grant under this section if the primary purpose of the grant is to improve the accessibility through the National Instant Criminal Background Check System of the records identified in subsection (g)(3) of section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301).''. (b) Disposition Records Automation and Transmittal Improvement Grants.--Section 301(d) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40941) is amended-- (1) by inserting ``(1)'' after ``(d)''; and (2) by adding at the end, the following: ``(2) The Attorney General shall waive the requirement of a relief from disabilities program for any State to receive a grant under this section if the primary purpose of the grant is to improve the accessibility through the National Instant Criminal Background Check System of the records identified in subsection (g)(3) of section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301).''.
Domestic Violence Records Reporting Improvement Act of 2017 This bill amends the Crime Identification Technology Act of 1998 to require a state, as an eligibility condition to receive a grant under the National Criminal History Improvement Program, to provide to the National Instant Criminal Background Check System (NICS) a certain percentage of records related to domestic violence convictions and protection orders. Additionally, the bill amends the NICS Improvement Amendments Act of 2007 to waive the requirement for a state to certify, as an eligibility condition to receive a grant under the NICS Act Record Improvement Program (NARIP), that it has a relief from disabilities program, if the state's primary purpose for the NARIP grant is to improve access to domestic violence records in the NICS.
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SECTION 1. FINDINGS. The Congress finds the following: (1) President Jimmy Carter and his wife, First Lady Rosalynn Carter, epitomize the best qualities in American service, volunteerism, and statesmanship, through their life work in Plains, Georgia, and throughout the world. Since leaving the White House, the Carters have redefined the role of ex-President to help broker peace and fight disease worldwide. (2) President and Mrs. Carter have selflessly distinguished themselves as exemplary public servants, both in the United States and throughout the world. (3) Jimmy Carter, born James Earl Carter, Jr. in 1924, attended Georgia Southwestern College and the Georgia Institute of Technology and received his B.S. degree from the U.S. Naval Academy in 1946. He then served the United States from 1946 until 1953, including service on the battleship USS Pomfret in the Pacific and on the nuclear submarine Sea Wolf. (4) Later, Mr. Carter did graduate work in nuclear physics at Union College. (5) After his service in the Navy, Mr. Carter returned to Plains and became a successful businessman and farmer. (6) In Plains, Mr. Carter dedicated himself to local public service as Chairman of the Sumter County School Board, Chairman of the County Hospital Authority, President of the Plains Development Corporation, and President of the Crop Improvement Association. (7) After the landmark 1954 Supreme Court decision Brown v. Board of Education held that segregation in the public schools was unconstitutional, a White Citizens' Council movement in Plains was organized in opposition. When Mr. Carter refused to join in protest, his business was boycotted. (8) Jimmy Carter served two consecutive two-year terms in the Georgia Senate. Rosalynn Carter was an important confidant. (9) Mr. Carter was elected Governor of the State of Georgia in 1970, and called for an end to racial discrimination in his 1971 inaugural address. (10) President Carter was inaugurated as the thirty-ninth President of the United States on Jan. 20, 1977. (11) As First Lady of the United States, Rosalynn Carter focused national attention on the performing arts. She invited to the White House leading classical artists from around the world, as well as traditional American artists. She also took a strong interest in programs to aid mental health, the community, and the elderly. From 1977 to 1978, she served as the Honorary Chairperson of the President's Commission on Mental Health. She also served as the President's personal emissary to Latin American countries. (12) President Carter's domestic accomplishments included a long-term program designed to solve the mounting energy shortfalls, including a limit on imported oil, gradual price decontrol on domestically produced oil, a stringent program of conservation, and development of alternative sources of energy such as solar, nuclear, and geothermal power, oil and gas from shale and coal, and synthetic fuels; an overhaul of the civil- service system; creation of new Departments of Education and Energy; deregulation of the airlines to stimulate competition and lower fares; and environmental efforts that included passage of a law preserving vast wilderness areas of Alaska. (13) President Carter's foreign policy achievements included negotiating the Panama Canal treaties; the historic Camp David Accords between Israeli Premier Menahem Begin and Egyptian President Anwar el-Sadat, which provided the foundation for a settlement of the Middle East dispute that had eluded peacemakers for more than three decades; the SALT II treaty with the Soviet Union; and the establishment of diplomatic relations with the People's Republic of China. (14) After serving as President and First Lady of the United States, President and Mrs. Carter built the Carter Center in Atlanta, a nonprofit organization promoting international peace, human rights, conflict resolution, democracy and economic development and the fight against poverty, hunger and disease in some 65 countries throughout the world, and particularly in developing countries. Mrs. Carter currently serves as Vice Chair of the Carter Center, where she leads a program to diminish stigma against mental illness and to promote greater access to mental health care. (15) Since 1982, President and Mrs. Carter have been active volunteers and serve on the International Board of Advisors of the Habitat for Humanity, a nonprofit organization that helps needy people in the United States and in some 44 other countries renovate and build homes for themselves. Since its founding in 1976, Habitat for Humanity has built over 30,000 homes. (16) In December 2002, President Carter received the Nobel Peace Prize for his ``decades of untiring effort to find peaceful solutions to international conflicts, to advance democracy and human rights, and to promote economic and social development''. (17) President Carter currently teaches Sunday school and is a deacon in the Maranatha Baptist Church of Plains. He is a distinguished professor and lecturer at Emory University. SEC. 2. CONGRESSIONAL GOLD MEDALS. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of gold medals of appropriate design to former President Jimmy Carter and his wife Rosalynn Carter, in recognition of their life work and service to the United States. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck pursuant to section 2 at a price sufficient to cover the costs of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medals. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. FUNDING AND PROCEEDS OF SALE. (a) Authorization.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary, not to exceed $60,000, to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.
Requires the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of the Congress, of gold medals to former President Jimmy Carter and his wife, Rosalynn, in recognition of their life work and service to the United States.
{"src": "billsum_train", "title": "To award congressional gold medals to former President Jimmy Carter and his wife Rosalynn Carter in recognition of their outstanding service to the United States and to the world."}
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