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SECTION 1. EDUCATION SCHOLARS BLOCK GRANT PROGRAM. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``Subpart 9--Education Scholars Block Grant Program ``SEC. 420G. SHORT TITLE; PURPOSE; AUTHORIZATION OF APPROPRIATIONS. ``(a) Short Title.--This subpart may be cited as the `Teacher Investment Act'. ``(b) Purpose.--It is the purpose of this subpart-- ``(1) to attract more of our Nation's most academically gifted students into teaching careers in elementary and secondary education; ``(2) to retain in teaching our Nation's best teachers who have demonstrated promise in, and a commitment to, a teaching career; ``(3) to increase the public status of a teaching career in elementary and secondary education; ``(4) to address the anticipated shortage of teachers in the next several decades; and ``(5) to provide States with the flexibility to integrate State teacher education initiatives with Federal teacher scholarship support. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 1998 and each of the 4 succeeding fiscal years. ``SEC. 420H. SCHOLARSHIP AUTHORIZED. ``(a) Program Authority.--The Secretary may award grants to States from allotments under section 420I to enable the States to provide scholarships to individuals who-- ``(1)(A) have completed at least half of the academic credit requirements for graduation from an institution of higher education with a bachelor's degree, or with a graduate degree that prepares the individual for licensure or certification as an elementary school or secondary school teacher; ``(2) are admitted to or enrolled in an institution of higher education; ``(3) have demonstrated outstanding academic achievement while enrolled in an institution of higher education; and ``(4) are committed to becoming or remaining elementary school or secondary school teachers. ``(b) Period of Award.--A State shall determine the scholarship period, except that a scholarship recipient shall not receive a scholarship award for more than 2 years of study at any institution of higher education. ``SEC. 420I. ALLOTMENT AMONG STATES. ``(a) Allocation Formula.--From the sums appropriated pursuant to the authority of section 420G(c) for any fiscal year, the Secretary shall allot to each State that has an agreement under section 420J an amount equal to $5,000 multiplied by the number of scholarships determined by the Secretary to be available to such State in accordance with subsection (b). ``(b) Number of Scholarships Available.--The number of scholarships to be made available in a State for any fiscal year shall bear the same ratio to the number of scholarships made available to all States as the State's population ages 5 through 17 bears to the population ages 5 through 17 in all the States, except that not less than 10 scholarships shall be made available to any State. ``(c) Use of Census Data.--For the purpose of this section, the population ages 5 through 17 in a State and in all the States shall be determined by the most recently available data from the Bureau of the Census that the Secretary determines is satisfactory. ``SEC. 420J. STATE AGREEMENTS. ``The Secretary shall enter into an agreement with each State desiring to participate in the scholarship program under this subpart. Each such agreement shall include provisions to ensure that-- ``(1) the State educational agency will administer the program in the State; ``(2) the State educational agency will comply with the provisions of this subpart; ``(3) the State educational agency will conduct outreach activities to publicize the availability of the scholarships to all eligible postsecondary students in the State, with particular emphasis on activities designed to ensure that students from low-income and moderate-income families have access to the information regarding the opportunity for full participation in the program; and ``(4) the State educational agency will pay to each individual in the State who is awarded a scholarship the cost of tuition and fees at an institution of higher education for a year, except that such payment shall not exceed $5,000. ``SEC. 420K. SELECTION OF EDUCATION SCHOLARS. ``(a) Establishment of Criteria.--The State educational agency shall establish the criteria for selection of scholars. Such criteria shall-- ``(1) fulfill the purpose of the subpart in accordance with a State's projected elementary school and secondary school teaching needs and priorities; and ``(2) require a scholarship recipient to have demonstrated outstanding academic achievement and a commitment to a teaching career, as determined by the State educational agency. ``(b) Limitations.--In awarding scholarships under this subpart, the State educational agency shall provide-- ``(1) not less than 75 percent of the scholarships to individuals who do not possess a bachelor's degree; and ``(2) not more than 25 percent of the scholarships to individuals who are pursuing a graduate degree. ``(c) Consultation Requirement.--In carrying out this subpart, the State educational agency shall consult with school administrators, school boards, teachers, and counselors. ``SEC. 420L. AWARD AMOUNT; SCHOLARSHIP CONDITIONS. ``(a) Award Amount.--Each individual awarded a scholarship under this subpart shall receive an award for the cost of tuition and fees at an institution of higher education of not more than $5,000 for an academic year of study. ``(b) Conditions.--Each State educational agency receiving a grant under this subpart shall establish procedures to ensure that each scholarship recipient-- ``(1) pursues a course of study at an institution of higher education; ``(2) maintains a 3.0 grade point average on a 4.0 scale; and ``(3) enters into an agreement to teach in accordance with section 420M(a). ``SEC. 420M. SCHOLARSHIP AGREEMENT; REPAYMENT PROVISIONS. ``(a) Scholarship Agreement.--Each recipient of a scholarship under this subpart shall enter into an agreement with the State educational agency under which the recipient shall-- ``(1) within the 2-year period after completing the education for which the scholarship was awarded, teach for a period of 2 years as an elementary school or secondary school teacher in the State served by the State educational agency; ``(2) provide the State educational agency with evidence of compliance, determined pursuant to regulations promulgated by the Secretary, with the provisions of paragraph (1); and ``(3) repay all or part of the scholarship award received in accordance with subsection (b) in the event the conditions of paragraph (1) are not complied with, except as provided by section 420N. ``(b) Repayment Provisions.--A recipient of a scholarship found by the State educational agency to be in noncompliance with the agreement entered into under subsection (a) shall be required to repay to the State educational agency a pro rata amount of such scholarship assistance received, plus interest, at the rate of 8 percent or the rate applicable to loans in the applicable period under part B of this title, whichever is lower, and where applicable, reasonable collection fees, on a schedule to be prescribed by the Secretary pursuant to regulations promulgated under this subpart. ``SEC. 420N. EXCEPTIONS TO REPAYMENT PROVISIONS. ``(a) Deferral During Certain Periods.--A scholarship recipient shall not be considered in violation of the agreement entered into pursuant to section 420M(a) during any period in which the recipient-- ``(1) is pursuing a full-time course of study related to the field of teaching at an institution of higher education; ``(2) is serving, not in excess of 3 years, as a member of the Armed Forces; ``(3) is temporarily totally disabled for a period of time not to exceed 3 years as established by the sworn affidavit of a qualified physician; ``(4) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled; ``(5) is seeking and unable to find full-time employment for a single period not to exceed 12 months; or ``(6) satisfies the provisions of additional repayment exceptions that may be prescribed by the Secretary in regulations promulgated under this subpart. ``(b) Forgiveness if Permanently Totally Disabled.--A recipient shall be excused from repayment of any scholarship assistance received under this subpart if the recipient becomes permanently and totally disabled as established by the sworn affidavit of a qualified physician. ``SEC. 420O. CONSTRUCTION OF NEEDS PROVISIONS. ``Except as provided in section 471, nothing in this subpart, or any other Act, shall be construed to permit the receipt of a scholarship under this subpart to be counted for any needs analysis in connection with the awarding of any grant or the making of any loan under this Act or any other provision of Federal law relating to education assistance.''.
Teacher Investment Act - Amends the Higher Education Act of 1965 to establish the Education Scholars Block Grant Program. Authorizes appropriations. Authorizes the Secretary of Education to award such grants to States according to an allotment formula. Requires the use of such grant funds to provide scholarships to individuals who: (1) have completed at least half of the academic credit requirements for graduation from an institution of higher education with a bachelor's degree, or with a graduate degree that prepares the individual for licensure or certification as an elementary school or secondary school teacher; (2) are admitted to or enrolled in an institution of higher education; (3) have demonstrated outstanding academic achievement while enrolled in an institution of higher education; and (4) are committed to becoming or remaining elementary school or secondary school teachers. Requires States to determine the scholarship period, but prohibits a scholarship recipient from receiving a scholarship award for more than two years of study at any institution of higher education. Sets forth requirements for: (1) agreements between the Secretary and State educational agencies (SEAs) desiring to participate in the scholarship program; and (2) SEA establishment of criteria for selection of education scholars. Requires an SEA to provide at least 75 percent of the scholarships to undergraduates and not more than 25 percent to graduate students. Limits individual scholarship awards to not more than $5,000 for an academic year of study. Requires each scholarship recipient to agree to: (1) teach for a period of two years as an elementary school or secondary school teacher in the State, within the two-year period after completing the education for which the scholarship was awarded; or (2) repay all or part of the scholarship award in the event of noncompliance, with specified exceptions. Excludes such scholarships from any needs analysis relating to other Federal education assistance.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Pain Care Policy Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Institute of Medicine Conference on Pain. Sec. 3. Pain research at National Institutes of Health. Sec. 4. Pain care education and training. Sec. 5. Public awareness campaign on pain management. SEC. 2. INSTITUTE OF MEDICINE CONFERENCE ON PAIN. (a) Convening.--Not later than June 30, 2009, the Secretary of Health and Human Services shall seek to enter into an agreement with the Institute of Medicine of the National Academies to convene a Conference on Pain (in this section referred to as ``the Conference''). (b) Purposes.--The purposes of the Conference shall be to-- (1) increase the recognition of pain as a significant public health problem in the United States; (2) evaluate the adequacy of assessment, diagnosis, treatment, and management of acute and chronic pain in the general population, and in identified racial, ethnic, gender, age, and other demographic groups that may be disproportionately affected by inadequacies in the assessment, diagnosis, treatment, and management of pain; (3) identify barriers to appropriate pain care, including-- (A) lack of understanding and education among employers, patients, health care providers, regulators, and third-party payors; (B) barriers to access to care at the primary, specialty, and tertiary care levels, including barriers-- (i) specific to those populations that are disproportionately undertreated for pain; (ii) related to physician concerns over regulatory and law enforcement policies applicable to some pain therapies; and (iii) attributable to benefit, coverage, and payment policies in both the public and private sectors; and (C) gaps in basic and clinical research on the symptoms and causes of pain, and potential assessment methods and new treatments to improve pain care; and (4) establish an agenda for action in both the public and private sectors that will reduce such barriers and significantly improve the state of pain care research, education, and clinical care in the United States. (c) Other Appropriate Entity.--If the Institute of Medicine declines to enter into an agreement under subsection (a), the Secretary of Health and Human Services may enter into such agreement with another appropriate entity. (d) Report.--A report summarizing the Conference's findings and recommendations shall be submitted to the Congress not later than June 30, 2010. (e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $500,000 for each of fiscal years 2009 and 2010. SEC. 3. PAIN RESEARCH AT NATIONAL INSTITUTES OF HEALTH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409J. PAIN RESEARCH. ``(a) Research Initiatives.-- ``(1) In general.--The Director of NIH is encouraged to continue and expand, through the Pain Consortium, an aggressive program of basic and clinical research on the causes of and potential treatments for pain. ``(2) Annual recommendations.--Not less than annually, the Pain Consortium, in consultation with the Division of Program Coordination, Planning, and Strategic Initiatives, shall develop and submit to the Director of NIH recommendations on appropriate pain research initiatives that could be undertaken with funds reserved under section 402A(c)(1) for the Common Fund or otherwise available for such initiatives. ``(3) Definition.--In this subsection, the term `Pain Consortium' means the Pain Consortium of the National Institutes of Health or a similar trans-National Institutes of Health coordinating entity designated by the Secretary for purposes of this subsection. ``(b) Interagency Pain Research Coordinating Committee.-- ``(1) Establishment.--The Secretary shall establish not later than 1 year after the date of the enactment of this section and as necessary maintain a committee, to be known as the Interagency Pain Research Coordinating Committee (in this section referred to as the `Committee'), to coordinate all efforts within the Department of Health and Human Services and other Federal agencies that relate to pain research. ``(2) Membership.-- ``(A) In general.--The Committee shall be composed of the following voting members: ``(i) Not more than 7 voting Federal representatives as follows: ``(I) The Director of the Centers for Disease Control and Prevention. ``(II) The Director of the National Institutes of Health and the directors of such national research institutes and national centers as the Secretary determines appropriate. ``(III) The heads of such other agencies of the Department of Health and Human Services as the Secretary determines appropriate. ``(IV) Representatives of other Federal agencies that conduct or support pain care research and treatment, including the Department of Defense and the Department of Veterans Affairs. ``(ii) 12 additional voting members appointed under subparagraph (B). ``(B) Additional members.--The Committee shall include additional voting members appointed by the Secretary as follows: ``(i) 6 members shall be appointed from among scientists, physicians, and other health professionals, who-- ``(I) are not officers or employees of the United States; ``(II) represent multiple disciplines, including clinical, basic, and public health sciences; ``(III) represent different geographical regions of the United States; and ``(IV) are from practice settings, academia, manufacturers or other research settings; and ``(ii) 6 members shall be appointed from members of the general public, who are representatives of leading research, advocacy, and service organizations for individuals with pain-related conditions ``(C) Nonvoting members.--The Committee shall include such nonvoting members as the Secretary determines to be appropriate. ``(3) Chairperson.--The voting members of the Committee shall select a chairperson from among such members. The selection of a chairperson shall be subject to the approval of the Director of NIH. ``(4) Meetings.--The Committee shall meet at the call of the chairperson of the Committee or upon the request of the Director of NIH, but in no case less often than once each year. ``(5) Duties.--The Committee shall-- ``(A) develop a summary of advances in pain care research supported or conducted by the Federal agencies relevant to the diagnosis, prevention, and treatment of pain and diseases and disorders associated with pain; ``(B) identify critical gaps in basic and clinical research on the symptoms and causes of pain; ``(C) make recommendations to ensure that the activities of the National Institutes of Health and other Federal agencies, including the Department of Defense and the Department of Veteran Affairs, are free of unnecessary duplication of effort; ``(D) make recommendations on how best to disseminate information on pain care; and ``(E) make recommendations on how to expand partnerships between public entities, including Federal agencies, and private entities to expand collaborative, cross-cutting research. ``(6) Review.--The Secretary shall review the necessity of the Committee at least once every 2 years.''. SEC. 4. PAIN CARE EDUCATION AND TRAINING. (a) Pain Care Education and Training.--Part D of title VII of the Public Health Service Act (42 U.S.C. 294 et seq.) is amended-- (1) by redesignating sections 754 through 758 as sections 755 through 759, respectively; and (2) by inserting after section 753 the following: ``SEC. 754. PROGRAM FOR EDUCATION AND TRAINING IN PAIN CARE. ``(a) In General.--The Secretary may make awards of grants, cooperative agreements, and contracts to health professions schools, hospices, and other public and private entities for the development and implementation of programs to provide education and training to health care professionals in pain care. ``(b) Priorities.--In making awards under subsection (a), the Secretary shall give priority to awards for the implementation of programs under such subsection. ``(c) Certain Topics.--An award may be made under subsection (a) only if the applicant for the award agrees that the program carried out with the award will include information and education on-- ``(1) recognized means for assessing, diagnosing, treating, and managing pain and related signs and symptoms, including the medically appropriate use of controlled substances; ``(2) applicable laws, regulations, rules, and policies on controlled substances, including the degree to which misconceptions and concerns regarding such laws, regulations, rules, and policies, or the enforcement thereof, may create barriers to patient access to appropriate and effective pain care; ``(3) interdisciplinary approaches to the delivery of pain care, including delivery through specialized centers providing comprehensive pain care treatment expertise; ``(4) cultural, linguistic, literacy, geographic, and other barriers to care in underserved populations; and ``(5) recent findings, developments, and improvements in the provision of pain care. ``(d) Program Sites.--Education and training under subsection (a) may be provided at or through health professions schools, residency training programs, and other graduate programs in the health professions; entities that provide continuing education in medicine, pain management, dentistry, psychology, social work, nursing, and pharmacy; hospices; and such other programs or sites as the Secretary determines to be appropriate. ``(e) Evaluation of Programs.--The Secretary shall (directly or through grants or contracts) provide for the evaluation of programs implemented under subsection (a) in order to determine the effect of such programs on knowledge and practice of pain care. ``(f) Peer Review Groups.--In carrying out section 799(f) with respect to this section, the Secretary shall ensure that the membership of each peer review group involved includes individuals with expertise and experience in pain care. ``(g) Definitions.--For purposes of this section the term `pain care' means the assessment, diagnosis, treatment, or management of acute or chronic pain regardless of causation or body location.''. (b) Authorization of Appropriations.--Section 758(b)(1) of the Public Health Service Act (as redesignated by subsection (a)(1) of this section) is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (3) by inserting after subparagraph (C) the following: ``(D) not less than $5,000,000 for awards of grants, cooperative agreements, and contracts under sections 754.''. (c) Technical Amendments.--Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) is amended-- (1) in paragraph (2) of section 757(b) (as redesignated by subsection (a)(1)), by striking ``754(3)(A), and 755(b)'' and inserting ``755(3)(A), and 756(b)''; and (2) in subparagraph (C) of section 758(b)(1) (as redesignated by subsection (a)(1)), by striking ``754, and 755'' and inserting ``755, and 756''. SEC. 5. PUBLIC AWARENESS CAMPAIGN ON PAIN MANAGEMENT. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following: ``SEC. 249. NATIONAL EDUCATION OUTREACH AND AWARENESS CAMPAIGN ON PAIN MANAGEMENT. ``(a) Establishment.--Not later than June 30, 2009, the Secretary shall establish and implement a national pain care education outreach and awareness campaign described in subsection (b). ``(b) Requirements.--The Secretary shall design the public awareness campaign under this section to educate consumers, patients, their families, and other caregivers with respect to-- ``(1) the incidence and importance of pain as a national public health problem; ``(2) the adverse physical, psychological, emotional, societal, and financial consequences that can result if pain is not appropriately assessed, diagnosed, treated, or managed; ``(3) the availability, benefits, and risks of all pain treatment and management options; ``(4) having pain promptly assessed, appropriately diagnosed, treated, and managed, and regularly reassessed with treatment adjusted as needed; ``(5) the role of credentialed pain management specialists and subspecialists, and of comprehensive interdisciplinary centers of treatment expertise; ``(6) the availability in the public, nonprofit, and private sectors of pain management-related information, services, and resources for consumers, employers, third-party payors, patients, their families, and caregivers, including information on-- ``(A) appropriate assessment, diagnosis, treatment, and management options for all types of pain and pain- related symptoms; and ``(B) conditions for which no treatment options are yet recognized; and ``(7) other issues the Secretary deems appropriate. ``(c) Consultation.--In designing and implementing the public awareness campaign required by this section, the Secretary shall consult with organizations representing patients in pain and other consumers, employers, physicians including physicians specializing in pain care, other pain management professionals, medical device manufacturers, and pharmaceutical companies. ``(d) Coordination.-- ``(1) Lead official.--The Secretary shall designate one official in the Department of Health and Human Services to oversee the campaign established under this section. ``(2) Agency coordination.--The Secretary shall ensure the involvement in the public awareness campaign under this section of the Surgeon General of the Public Health Service, the Director of the Centers for Disease Control and Prevention, and such other representatives of offices and agencies of the Department of Health and Human Services as the Secretary determines appropriate. ``(e) Underserved Areas and Populations.--In designing the public awareness campaign under this section, the Secretary shall-- ``(1) take into account the special needs of geographic areas and racial, ethnic, gender, age, and other demographic groups that are currently underserved; and ``(2) provide resources that will reduce disparities in access to appropriate diagnosis, assessment, and treatment. ``(f) Grants and Contracts.--The Secretary may make awards of grants, cooperative agreements, and contracts to public agencies and private nonprofit organizations to assist with the development and implementation of the public awareness campaign under this section. ``(g) Evaluation and Report.--Not later than the end of fiscal year 2011, the Secretary shall prepare and submit to the Congress a report evaluating the effectiveness of the public awareness campaign under this section in educating the general public with respect to the matters described in subsection (b). ``(h) Authorization of Appropriations.--For purposes of carrying out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2009 and $4,000,000 for each of fiscal years 2010 and 2011.''. Passed the House of Representatives September 24, 2008. Attest: LORRAINE C. MILLER, Clerk.
National Pain Care Policy Act of 2008 - (Sec. 2) Requires the Secretary of Health and Human Services to seek to enter into an agreement with the Institute of Medicine to convene a Conference on Pain to: (1) increase the recognition of pain as a significant public health problem in the United States; (2) evaluate the adequacy of assessment, diagnosis, treatment, and management of acute and chronic pain in the general population and in identified demographics groups that may be disproportionately affected by inadequacies; (3) identify barriers to appropriate pain care; and (4) establish an agenda for action to reduce such barriers and significantly improve the state of pain care research, education, and clinical care in the United States. Allows the Secretary to enter into an agreement with another appropriate entity if the Institute of Medicine declines. Requires a report summarizing the Conference's findings and recommendations to be submitted to Congress. Authorizes appropriations for FY2009-FY2010. (Sec. 3) Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to continue and expand, through the Pain Consortium, an aggressive program of basic and clinical research on the causes of and potential treatments for pain. Requires the Pain Consortium to develop and submit to the Director of NIH recommendations on appropriate pain research initiatives that could be undertaken with funds available for such initiatives. Requires the Secretary to establish the Interagency Pain Research Coordinating Committee to coordinate all efforts within Department of Health and Human Services (HHS) and other federal agencies that relate to pain research. Directs the Committee to: (1) develop a summary of advances in federal pain care research relevant to the diagnosis, prevention, and treatment of pain and diseases and disorders associated with pain; and (2) identify critical gaps in basic and clinical research on the symptoms and causes of pain. Requires the Secretary to review the necessity of the Committee at least once every two years. (Sec. 4) Allows the Secretary to make awards of grants, cooperative agreements, and contracts to health professions schools, hospices, and other public and private entities for the development and implementation of programs to provide education and training to health care professionals in pain care. Sets forth information and education that must be included in the program as a condition for receiving a grant. (Sec. 5) Requires the Secretary to establish and implement a national pain care education outreach and awareness campaign to educate consumers, patients, their families, and other caregivers with respect to: (1) the incidence and importance of pain as a national public health problem; (2) the adverse physical, psychological, emotional, societal, and financial consequences that can result if pain is not appropriately assessed, diagnosed, treated, or managed; (3) the availability, benefits, and risks of all pain treatment and management options; and (4) having pain promptly assessed, appropriately diagnosed, treated, and managed and regularly reassessed with treatment adjusted as needed. Requires the Secretary, in designing such campaign, to: (1) take into account the special needs of geographic areas and underserved demographic groups; and (2) provide resources that will reduce disparities in access to appropriate diagnosis, assessment, and treatment. Authorizes appropriations for FY2009-FY2011.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bindu Philips and Devon Davenport International Child Abduction Return Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2016, 629 American children were taken from the United States by one parent without the consent of the other, often in direct violation of valid United States court orders, United States criminal law, and the Hague Convention on the Civil Aspects of International Child Abduction. (2) Abducted children in a foreign country are often blocked from any contact with the American parent, losing half of their family and heritage. (3) Such children are also at grave risk of serious emotional and psychological problems. Many such children experience anxiety, eating problems, nightmares, mood swings, aggressive behavior, resentment, and fear. Every day the abduction continues only compounds these harms. (4) The Department of State had at least 944 open cases of child abduction in 2016, only 152, or 16 percent, of which were resolved with return of the abducted child to the United States. (5) Tragically, abductions resolved with a return of the child to the United States hit a three-year low in 2016. (6) In contrast, the number of abduction cases closed by the Department without the child being returned reached a high mark of 189 in 2016. (7) Such low return rates encourage parents to abduct their children rather than to abide by the laws of the United States. (8) The United States is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (``Hague Abduction Convention''), which provides a framework for the prompt resolutions of international abductions between the United States and the 76 other countries with which the United States has reciprocal obligations. (9) The Hague Abduction Convention does not have an enforcement mechanism and countries regularly ignore their legal duty--without consequences--to return abducted children whose habitual residence is the United States. (10) In the 2017 Annual Report on International Parental Child Abduction published by the Department of State, nine countries were identified as demonstrating a ``pattern of non- compliance'' for failure to comply with legal obligations under the Hague Abduction Convention to resolve ongoing abductions, including Argentina, the Bahamas, Brazil, the Dominican Republic, Ecuador, Guatemala, Panama, Peru, and Romania. (11) The report also identified four countries without an established reciprocal relationship with the United States under the Hague Abduction Convention as demonstrating a ``pattern of non-compliance'' for failure to work with the United States to resolve abduction cases, including India, Jordan, Nicaragua, and Tunisia. (12) Eleven of the thirteen countries so identified for non-compliance, other than the Bahamas and Romania, are currently receiving trade benefits under the Generalized System of Preferences established by the Trade Act of 1974. (13) In India, where more than 100 children are being held against the wishes of their American parent, only 10 came home in 2016, and 66 percent of United States requests for the return of abducted children from India have remained unresolved for more than 12 months. (14) After eight years of heroic legal efforts in the United States and India to bring home her twin sons, who were abducted to India in 2008, Bindu Philips saw her case closed by the State Department in 2016 without their return. (15) Brazil has been continuously cited for demonstrating a pattern of non-compliance since 2005, and has neither issued nor enforced a court order to return a single one of the long term cases there since the return of Sean Goldman to his American father in 2009, after international pressure and the stalling of Brazil's renewed participation in the Generalized System of Preferences. (16) Thirteen cases of abducted American children in Brazil have been pending from 2.5 years to 10 years. (17) Dr. Christopher Brann has been reduced to seeing his young son Nico for only a few weeks of the year, and only in Brazil, since 2013, when Nico's Brazilian-American mother abducted Nico to Brazil in violation of pre-existing court orders in Texas granting shared custody, in violation of the Hague Convention, and despite ten independent assessments that he is an excellent father. (18) Devon Davenport has won each of the 24 appeals in his case in Brazil for the return of his daughter, Nadia Lynn, since 2009, but Brazil still has not returned his daughter to him. SEC. 3. ADDITIONAL LIMITATION ON BENEFICIARY DEVELOPING COUNTRY DESIGNATION. Section 504(b)(2) of the Trade Act of 1974 (19 U.S.C. 2462) is amended by inserting after subparagraph (H) the following: ``(I) Such country has engaged in a pattern of noncompliance in cases of child abduction, as determined by the Secretary of State for purposes of the notification requirement under section 101(f) of the Sean and David Goldman International Child Abduction Prevention and Return Act.''.
Bindu Philips and Devon Davenport International Child Abduction Return Act of 2017 This bill amends the Trade Act of 1974 to prohibit the President from designating a country as a beneficiary developing country if the country has a pattern of noncompliance under the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 in cases of child abduction during the preceding 12 months. Under current law, a beneficiary developing country is eligible for benefits under the Generalized System of Preferences (i.e., tariff benefits).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``SBIR Commercialization Assistance Act of 2017''. SEC. 2. COMMERCIALIZATION ASSISTANCE PILOT PROGRAM. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following new subsection: ``(tt) Commercialization Assistance Pilot Programs.-- ``(1) Pilot programs implemented.-- ``(A) In general.--Except as provided in subparagraph (B), not later than one year after the date of the enactment of this subsection, a covered agency shall implement a commercialization assistance pilot program, under which an eligible entity may receive a subsequent Phase II SBIR award. ``(B) Exception.--If the Administrator determines that a covered agency has a program that is sufficiently similar to the commercialization assistance pilot program established under this subsection, such covered agency shall not be required to implement a commercialization assistance pilot program under this subsection. ``(2) Percent of agency funds.--The head of each covered agency may allocate not more than 5 percent of the funds allocated to the SBIR program of the covered agency for the purpose of making a subsequent Phase II SBIR award under the commercialization assistance pilot program. ``(3) Termination.--A commercialization assistance pilot program established under this subsection shall terminate on September 30, 2022. ``(4) Application.--To be selected to receive a subsequent Phase II SBIR award under a commercialization assistance pilot program, an eligible entity shall submit to the covered agency implementing such pilot program an application at such time, in such manner, and containing such information as the covered agency may require, including-- ``(A) an updated Phase II commercialization plan; and ``(B) the source and amount of the matching funding required under paragraph (5). ``(5) Matching funding.-- ``(A) In general.--The Administrator shall require, as a condition of any subsequent Phase II SBIR award made to an eligible entity under this subsection, that a matching amount (excluding any fees collected by the eligible entity receiving such award) equal to the amount of such award be provided from an eligible third-party investor. ``(B) Ineligible sources.--An eligible entity may not use funding from ineligible sources to meet the matching requirement of subparagraph (A). ``(6) Award.--A subsequent Phase II SBIR award made to an eligible entity under this subsection-- ``(A) may not exceed the limitation described under subsection (aa)(1); and ``(B) shall be disbursed during Phase II. ``(7) Use of funds.--The funds awarded to an eligible entity under this subsection may only be used for research and development activities that build on eligible entity's Phase II program and ensure the research funded under such Phase II is rapidly progressing towards commercialization. ``(8) Selection.--In selecting eligible entities to participate in a commercialization assistance pilot program under this subsection, the head of a covered agency shall consider-- ``(A) the extent to which such award could aid the eligible entity in commercializing the research funded under the eligible entity's Phase II program; ``(B) whether the updated Phase II commercialization plan submitted under paragraph (4) provides a sound approach for establishing technical feasibility that could lead to commercialization of such research; ``(C) whether the proposed activities to be conducted under such updated Phase II commercialization plan further improve the likelihood that such research will provide societal benefits; ``(D) whether the small business concern has progressed satisfactorily in Phase II to justify receipt of a subsequent Phase II SBIR award; ``(E) the expectations of the eligible third-party investor that provides matching funding under paragraph (5); and ``(F) the likelihood that the proposed activities to be conducted under such updated Phase II commercialization plan using matching funding provided by such eligible third-party investor will lead to commercial and societal benefit. ``(9) Evaluation report.--Not later than 3 years after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate, a report including-- ``(A) a summary of the activities of commercialization assistance pilot programs carried out under this subsection; ``(B) a detailed compilation of results achieved by such commercialization assistance pilot programs, including the number of eligible entities that received awards under such programs; ``(C) the rate at which each eligible entity that received a subsequent Phase II SBIR award under this subsection commercialized research of the recipient; ``(D) the growth in employment and revenue of eligible entities that is attributable to participation in a commercialization assistance pilot program; ``(E) a comparison of commercialization success of eligible entities participating in a commercialization assistance pilot program with recipients of an additional Phase II SBIR award under subsection (ff); ``(F) demographic information, such as ethnicity and geographic location, of eligible entities participating in a commercialization assistance pilot program; ``(G) an accounting of the funds used at each covered agency that implements a commercialization assistance pilot program under this subsection; ``(H) the amount of matching funding provided by eligible third-party investors, set forth separately by source of funding; ``(I) an analysis of the effectiveness of the commercialization assistance pilot program implemented by each covered agency; and ``(J) recommendations for improvements to the commercialization assistance pilot program. ``(10) Definitions.--For purposes of this subsection: ``(A) Covered agency.--The term `covered agency' means a Federal agency required to have an SBIR program. ``(B) Eligible entity.--The term `eligible entity' means a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award under subsection (ff) from the covered agency to which such small business concern is applying for a subsequent Phase II SBIR award. ``(C) Eligible third-party investor.--The term `eligible third-party investor' means a small business concern other than an eligible entity, a venture capital firm, an individual investor, a non-SBIR Federal, State or local government, or any combination thereof. ``(D) Ineligible sources.--The term `ineligible sources' means the following: ``(i) The eligible entity's internal research and development funds. ``(ii) Funding in forms other than cash, such as in-kind or other intangible assets. ``(iii) Funding from the owners of the eligible entity, or the family members or affiliates of such owners. ``(iv) Funding attained through loans or other forms of debt obligations. ``(E) Subsequent phase ii sbir award.--The term `subsequent Phase II SBIR award' means an award granted to an eligible entity under this subsection to carry out further commercialization activities for research conducted pursuant to an SBIR program.''.
SBIR Commercialization Assistance Act of 2017 This bill amends the Small Business Act to require a federal agency required to have a Small Business Innovation Research (SBIR) program (covered agency) to implement a commercialization assistance pilot program (CAPP), under which an eligible entity may received a subsequent Phase II SBIR award through FY2022, unless the Small Business Administration determines that the agency already has a program sufficiently similar to a CAPP. An eligible entity is a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award from the covered agency to which such small business concern is applying for the subsequent award. The Government Accountability Office must evaluate and report to Congress on CAPP, including a summary of activities and results and recommendations for CAPP improvement.
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SECTION 1. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY. (a) In General.--The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) is amended by striking section 2 and inserting the following: ``SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS. ``(a) Membership.-- ``(1) Appointment.--The Board of Directors of the Corporation (referred to in this Act as the `Board') shall be composed of 9 members appointed by the President by and with the advice and consent of the Senate, who shall be legal residents of the service area. ``(2) Chairman.--The members of the Board shall select 1 of the members to act as chairman of the Board. ``(b) Qualifications.-- ``(1) In general.--To be eligible to be appointed as a member of the Board, an individual-- ``(A) shall be a citizen of the United States; ``(B) shall have widely recognized experience or applicable expertise in the management of or decisionmaking for a large corporate structure; ``(C) shall not be an employee of the Corporation; ``(D) shall have no substantial direct financial interest in-- ``(i) any public-utility corporation engaged in the business of distributing and selling power to the public; or ``(ii) any business that may be adversely affected by the success of the Corporation as a producer of electric power; and ``(E) profess a belief in the feasibility and wisdom of this Act. ``(2) Party affiliation.--Not more than 5 of the 9 members of the Board may be affiliated with a single political party. ``(c) Recommendations.--In appointing members of the Board, the President shall-- ``(1) consider recommendations from such public officials as-- ``(A) the Governors of States in the service area; ``(B) individual citizens; ``(C) business, industrial, labor, electric power distribution, environmental, civic, and service organizations; and ``(D) the congressional delegations of the States in the service area; and ``(2) seek qualified members from among persons who reflect the diversity and needs of the service area of the Corporation. ``(d) Terms.-- ``(1) In general.--A member of the Board shall serve a term of 5 years, except that in first making appointments after the date of enactment of this paragraph, the President shall appoint-- ``(A) 2 members to a term of 2 years; ``(B) 1 member to a term of 3 years; and ``(C) 2 members to a term of 4 years. ``(2) Vacancies.--A member appointed to fill a vacancy in the Board occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of that term. ``(3) Reappointment.-- ``(A) In general.--A member of the Board that was appointed for a full term may be reappointed for 1 additional term. ``(B) Appointment to fill vacancy.--For the purpose of subparagraph (A), a member appointed to serve the remainder of the term of a vacating member for a period of more than 2 years shall be considered to have been appointed for a full term. ``(e) Quorums.-- ``(1) In general.--Six members of the Board shall constitute a quorum for the transaction of business. ``(2) Minimum number of members.--A vacancy in the Board shall not impair the power of the Board to act, so long as there are 6 members in office. ``(f) Compensation.--A member of the Board shall be entitled to receive-- ``(1)(A) a stipend of $25,000 per year; plus ``(B) compensation, not to exceed $10,000 for any year, at a rate that does not exceed the daily equivalent of the annual rate of basic pay prescribed under level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day the member is engaged in the actual performance of duties as a member of the Board at meetings or hearings; and ``(2) travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service under section 5703 of title 5, United States Code. ``(g) Duties.-- ``(1) In general.--The Board shall-- ``(A) establish the broad goals, objectives, and policies of the Corporation that are appropriate to carry out this Act; ``(B) develop long-range plans to guide the Corporation in achieving the goals, objectives, and policies of the Corporation and provide assistance to the chief executive officer to achieve those goals, objectives, and policies, including preparing the Corporation for fundamental changes in the electric utilities industry; ``(C) ensure that those goals, objectives, and policies are achieved; ``(D) approve an annual budget for the Corporation; ``(E) establish a compensation plan for employees of the Corporation in accordance with subsection (i); ``(F) approve the salaries, benefits, and incentives for managers and technical personnel that report directly to the chief executive officer; ``(G) ensure that all activities of the Corporation are carried out in compliance with applicable law; ``(H) create an audit committee, composed solely of Board members independent of the management of the Corporation, which shall-- ``(i) recommend to the Board an external auditor; ``(ii) receive and review reports from the external auditor; and ``(iii) make such recommendations to the Board as the audit committee considers necessary; ``(I) create such other committees of Board members as the Board considers to be appropriate; ``(J) conduct public hearings on issues that could have a substantial effect on-- ``(i) the electric ratepayers in the service area; or ``(ii) the economic, environmental, social, or physical well-being of the people of the service area; and ``(K) establish the electricity rate schedule. ``(2) Meetings.--The Board shall meet at least 4 times each year. ``(h) Chief Executive Officer.-- ``(1) Appointment.--The Board shall appoint a person to serve as chief executive officer of the Corporation. ``(2) Qualifications.--To serve as chief executive officer of the Corporation, a person-- ``(A) shall be a citizen of the United States; ``(B) shall have management experience in large, complex organizations; ``(C) shall not be a current member of the Board or have served as a member of the Board within 2 years before being appointed chief executive officer; and ``(D) shall have no substantial direct financial interest in-- ``(i) any public-utility corporation engaged in the business of distributing and selling power to the public; or ``(ii) any business that may be adversely affected by the success of the Corporation as a producer of electric power; and ``(3) Tenure.--The chief executive officer shall serve at the pleasure of the Board. ``(i) Compensation Plan.-- ``(1) In general.--The Board shall approve a compensation plan that specifies salaries, benefits, and incentives for the chief executive officer and employees of the Corporation. ``(2) Annual survey.--The compensation plan shall be based on an annual survey of the prevailing salaries, benefits, and incentives for similar work in private industry, including engineering and electric utility companies, publicly owned electric utilities, and Federal, State, and local governments. ``(3) Considerations.--The compensation plan shall provide that education, experience, level of responsibility, geographic differences, and retention and recruitment needs will be taken into account in determining salaries of employees. ``(4) Submission to congress.--No salary shall be established under a compensation plan until after the compensation plan and the survey on which it is based have been submitted to Congress and made available to the public for a period of 30 days. ``(5) Positions at or below level iv.--The chief executive officer shall determine the salary and benefits of employees whose annual salary is not greater than the annual rate payable for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. ``(6) Positions above level iv.--On the recommendation of the chief executive officer, the Board shall approve the salaries of employees whose annual salaries would be in excess of the annual rate payable for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code.''. (b) Current Board Members.--A member of the board of directors of the Tennessee Valley Authority who was appointed before the effective date of the amendment made by subsection (a)-- (A) shall continue to serve as a member until the date of expiration of the member's current term; and (B) may not be reappointed. SEC. 2. CHANGE IN MANNER OF APPOINTMENT OF STAFF. Section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831b) is amended-- (1) by striking the first undesignated paragraph and inserting the following: ``(a) Appointment by the Chief Executive Officer.--The chief executive officer shall appoint, with the advice and consent of the Board, and without regard to the provisions of the civil service laws applicable to officers and employees of the United States, such managers, assistant managers, officers, employees, attorneys, and agents as are necessary for the transaction of the business of the Corporation.''; and (2) by striking ``All contracts'' and inserting the following: ``(b) Wage Rates.--All contracts''. SEC. 3. CONFORMING AMENDMENTS. (a) The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) is amended-- (1) in the first section, by striking ``board of directors'' and inserting ``Board of Directors''; and (2) by striking ``board'' each place it appears and inserting ``Board''. (b) Section 9 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831h) is amended-- (1) by striking ``The Comptroller General of the United States shall audit'' and inserting the following: ``(c) Audits.--The Comptroller General of the United States shall audit''; and (2) by striking ``The Corporation shall determine'' and inserting the following: ``(d) Administrative Accounts and Business Documents.--The Corporation shall determine''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act take effect, and 7 additional members of the Board of the Tennessee Valley Authority shall be appointed so as to commence their terms on, May 18, 1999.
Amends the Tennessee Valley Authority Act of 1933 to revise the membership, operation, and duties of the Board of Directors, expanding its size from three to nine members, and requiring such members to be legal residents of the service area.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``One Percent Spending Reduction Act of 2013''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The fiscal crisis faced by the Federal Government demands immediate action. (2) The dramatic growth in spending and debt in recent years threatens our economic and national security: (A) Federal spending has grown from 18 percent of GDP in 2001 to nearly 23 percent of GDP in 2012. (B) Total Federal debt exceeds $16,000,000,000,000 and is projected to increase each year over the next 10 years. (C) Without action, the Federal Government will continue to run massive deficits in the next decade and total Federal debt will rise to $26,000,000,000,000 by 2023. (D) Interest payments on this debt will soon rise to the point where balancing the budget as a matter of policy is beyond the reach of Congress. (3) Due to recent tax hikes, Federal revenues are scheduled to rise to approximately 19 percent of GDP, a full percentage point above the average of about 18 percent of GDP over the past 40 years. (4) Absent reform, the growth of Social Security, Medicare, Medicaid, and other health-related spending will overwhelm all other Federal programs and consume all projected tax revenues. (b) Purpose.--The purpose of this Act is to address the fiscal crisis by-- (1) acting quickly to balance the Federal budget and eliminate the parade of deficits and ballooning interest payments; (2) achieving balance by reducing spending one percent per year until spending equals projected long-term revenues; and (3) reforming entitlement programs to ensure long-term fiscal stability and balance. SEC. 3. ESTABLISHMENT AND ENFORCEMENT OF SPENDING CAP. (a) Outlay Caps.--The Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after section 253 the following: ``SEC. 253A. ESTABLISHING OUTLAY CAPS. ``In this section, the term `outlay cap' means: ``(a) Fiscal Year 2014.--For fiscal year 2014, the aggregate projected outlays (less interest payments) for fiscal year 2013 (as estimated by the Congressional Budget Office prior to March, 2013), less one percent. ``(b) Fiscal Year 2015.--For fiscal year 2015, the aggregate projected outlays (less interest payments) for fiscal year 2014 (as estimated by the Congressional Budget Office prior to March, 2014), less one percent. ``(c) Fiscal Year 2016.--For fiscal year 2016, the aggregate projected outlays (less interest payments) for fiscal year 2015 (as estimated by the Congressional Budget Office prior to March, 2015), less one percent. ``(d) Fiscal Year 2017.--For fiscal year 2017, the aggregate projected outlays (less interest payments) for fiscal year 2016 (as estimated by the Congressional Budget Office prior to March, 2016), less one percent. ``(e) Fiscal Year 2018.--For fiscal year 2018, the aggregate projected outlays (less interest payments) for fiscal year 2017 (as estimated by the Congressional Budget Office prior to March, 2017), less one percent. ``(f) Fiscal Year 2019 and Subsequent Fiscal Years.--For fiscal year 2019 and for each subsequent fiscal year, 18 percent of Gross Domestic Product for that calendar year (as estimated by the Congressional Budget Office prior to March of the previous fiscal year).''. (b) Conforming Amendments to BBEDCA.-- (1) Sequestration preview reports.--Section 254(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(4) Outlay cap sequestration reports.--The preview reports shall set forth for the budget year estimates for the following: ``(A)(i) For each of budget years 2014 through 2019: the aggregate projected outlays (less net interest payment), less one percent. ``(ii) For budget year 2020 and each subsequent budget year: the estimated gross domestic product (GDP) for that budget year. ``(B) The amount of reductions required under section 253A. ``(C) The sequestration percentage necessary to achieve the required reduction under section 253A.''. (2) Final sequestration reports.--Section 254(f)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(3) Outlay caps sequestration reports.--The final reports shall contain all the information required in the outlay cap sequestration preview reports. In addition, these report shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary sources to be sequestered and result in outlay reductions. The report shall also contain estimates of the effects on outlays on the sequestration of each outyear for direct spending programs.''. (c) Enforcement.--Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following: ``SEC. 316. ENFORCEMENT PROCEDURES. ``(a) Outlay Caps.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the most recently reported, current outlay cap set forth in section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985 to be breached. ``(b) Waiver or Suspension.-- ``(1) In the senate.--The provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(2) In the house.--The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(c) Point of Order Protection.--In the House, it shall not be in order to consider a rule or order that waives the application of paragraph (2) of subsection (b). ``(d) Motion To Suspend.--It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV.''. SEC. 4. CONFORMING AMENDMENTS. The table of contents set forth in-- (1) section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Enforcement procedures.''; and (2) section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to section 253 the following new item: ``Sec. 253A. Establishing outlay caps.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by it shall apply to fiscal year 2014 and subsequent fiscal years, including any reports and calculations required for implementation in fiscal year 2014.
One Percent Spending Reduction Act of 2013 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish the aggregate projected outlay (outlay cap) (less net interest payments) for FY2014 at the FY2013 outlay cap (as estimated by the Congressional Budget Office [CBO] before March 2013), less 1%. Reduces each outlay cap for FY2015-FY2018 by 1% of the previous fiscal year's outlay cap (as estimated by CBO before March of such fiscal year). Requires the outlay cap for FY2019 and each subsequent fiscal year to be 18% of the CBO-estimated gross domestic product (GDP) for that calendar year. Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the most recently reported, current outlay cap to be exceeded. Prescribes procedures for waiver or suspension of this rule.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Virginia Ridge and Valley Wilderness and National Scenic Areas Act of 2004''. SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LANDS AS WILDERNESS IN VIRGINIA. Section 1 of the Act entitled ``An Act to designate certain National Forest System lands in the States of Virginia and West Virginia as wilderness areas'', approved June 7, 1988 (Public Law 100- 326; 16 U.S.C. 1132 note), as amended by Public Law 106-471 (114 Stat. 2057), is further amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(9) certain lands in the Jefferson National Forest, which comprise approximately 3,844 acres, as generally depicted on a map entitled `Brush Mountain and Brush Mountain East', dated February 12, 2004, and which shall be known as the Brush Mountain East Wilderness; ``(10) certain lands in the Jefferson National Forest, which comprise approximately 4,707 acres, as generally depicted on a map entitled `Brush Mountain and Brush Mountain East', dated February 12, 2004, and which shall be known as the Brush Mountain Wilderness; ``(11) certain lands in the Jefferson National Forest, which comprise approximately 4,384 acres, as generally depicted on a map entitled `Seng Mountain and Raccoon Branch', dated February 12, 2004, and which shall be known as the Raccoon Branch Wilderness; ``(12) certain lands in the Jefferson National Forest, which comprise approximately 3,300 acres, as generally depicted on a map entitled `Stone Mountain', dated February 12, 2004, and which shall be known as the Stone Mountain Wilderness; ``(13) certain lands in the Jefferson National Forest, which comprise approximately 5,573 acres, as generally depicted on a map entitled `Mountain Lake Additions', dated February 12, 2004, and which are hereby incorporated in the Mountain Lake Wilderness; ``(14) certain lands in the Jefferson National Forest, which comprise approximately 748 acres, as generally depicted on a map entitled `Lewis Fork Addition and Little Wilson Creek Additions', dated February 12, 2004, and which are hereby incorporated in the Lewis Fork Wilderness; ``(15) certain lands in the Jefferson National Forest, which comprise approximately 1,862 acres, as generally depicted on a map entitled `Lewis Fork Addition and Little Wilson Creek Additions', dated February 12, 2004, and which are hereby incorporated in the Little Wilson Creek Wilderness; ``(16) certain lands in the Jefferson National Forest, which comprise approximately 2,789 acres, as generally depicted on a map entitled `Shawvers Run Additions', dated February 12, 2004, and which are hereby incorporated in the Shawvers Run Wilderness; and ``(17) certain lands in the Jefferson National Forest, which comprise approximately 1,570 acres, as generally depicted on a map entitled `Peters Mountain Addition', dated February 12, 2004, and which are hereby incorporated in the Peters Mountain Wilderness.''. SEC. 3. SENG MOUNTAIN AND CRAWFISH VALLEY SCENIC AREAS, JEFFERSON NATIONAL FOREST, VIRGINIA. (a) Establishment of Scenic Areas.-- (1) Establishment.--The following National Forest System lands in the State of Virginia are hereby designated as National Scenic Areas (in this section referred to as the ``scenic areas''): (A) Certain lands in the Jefferson National Forest, which comprise approximately 6,455 acres, as generally depicted on a map entitled ``Seng Mountain and Raccoon Branch'', dated February12, 2004, and which shall be known as the Seng Mountain National Scenic Area. (B) Certain lands in the Jefferson National Forest, which comprise approximately 5,400 acres, as generally depicted on a map entitled ``Crawfish Valley'' dated February 12, 2004, and which shall be known as the Crawfish Valley National Scenic Area. (2) Maps and descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and boundary description of the scenic areas with the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and description. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. In the case of any discrepancy between the acreage specified in paragraph (1) and the map filed under this paragraph, the map shall control. (b) Purposes of Scenic Areas.--The scenic areas are established for the purposes of-- (1) ensuring the protection and preservation of scenic quality, water quality, natural characteristics, and water resources; (2) protecting wildlife and fish habitat, consistent with paragraph (1); (3) protecting areas that may develop characteristics of old-growth forests; and (4) providing a variety of recreation opportunities, consistent with the preceding paragraphs. (c) Administration.-- (1) In general.--The Secretary of Agriculture shall administer the scenic areas in accordance with this section and the laws and regulations generally applicable to the National Forest System. In the event of conflict between this section and other laws and regulations, this section shall take precedence. (2) Consistent use.--The Secretary shall only allow such uses of the scenic areas as the Secretary finds will further the purposes for which the scenic areas are established. (d) Management Plan.--Within two years after the date of the enactment of this Act, the Secretary of Agriculture shall develop a management plan for the scenic areas consistent with this section. The management plan shall be developed as an amendment to the land and resource management plan for the Jefferson National Forest, except that nothing in this section requires the Secretary to revise the land and resource management plan for the Jefferson National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (e) Roads.--After the date of the enactment of this Act, no roads shall be established or constructed within the scenic areas, except that this prohibition shall not be construed to deny access to private lands or interests therein in the scenic areas. (f) Vegetation Management.--No timber harvest shall be allowed within the scenic areas, except as the Secretary of Agriculture finds necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the preceding sentence, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. (g) Motorized Travel.--Motorized travel shall not be permitted within the scenic areas, except that the Secretary of Agriculture may authorize motorized travel within the scenic area-- (1) as necessary for administrative use in furtherance of the purposes of this section; (2) in support of wildlife management projects in existence as of the date of the enactment of this Act; and (3) on Forest Development Road 9410 and 84b during deer and bear hunting seasons. (h) Fire.--Wildfires in the scenic area shall be suppressed in a manner consistent with the purposes of this section, using such means as the Secretary of Agriculture considers appropriate. (i) Insects and Disease.--Insect and disease outbreaks may be controlled in the scenic areas to maintain scenic quality, prevent tree mortality, reduce hazards to visitors, or protect private lands. (j) Water.--The Secretary of Agriculture shall administer the scenic areas so as to maintain and enhance water quality. (k) Mining Withdrawal.--Subject to valid existing rights, all federally owned lands in the scenic areas are withdrawn from location, entry, and patent under the mining laws of the United States and from leasing claims under the mineral and geothermal leasing laws of the United States, including amendments to such laws. SEC. 4. TRAIL PLAN AND DEVELOPMENT. (a) Trail Plan.--The Secretary of Agriculture shall establish, in consultation with interested parties, a trail plan for National Forest System lands described in this paragraph in order to develop the following: (1) Hiking and equestrian trails within the wilderness areas designated by the amendments made by section 2, in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.). (2) Nonmotorized recreation trails within the scenic areas designated by section 3. (b) Implementation Report.--Within two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the trail plan, includ
Virginia Ridge and Valley Wilderness and National Scenic Areas Act of 2004 - Designates certain lands in the Jefferson National Forest, Virginia (Brush Mountain and Brush Mountain East, Seng Mountain and Raccoon Branch, Stone Mountain, Mountain Lake Additions, Lewis Fork Addition and Little Wilson Creek Additions, Shawvers Run Additions, and Peters Mountain Addition) as wilderness. Designates Seng Mountain and Raccoon Branch, and Crawfish Valley, as National Scenic Areas (Areas). Establishes such Areas for purposes of: (1) ensuring the protection and preservation of scenic quality, water quality, natural characteristics, and water resources; (2) protecting wildlife and fish habitat; (3) protecting areas that may develop characteristics of old-growth forests; and (4) providing a variety of recreation opportunities. Directs the Secretary of Agriculture to: (1) administer such Areas in accordance with this Act and the laws and regulations generally applicable to the National Forest System (NFS); (2) develop a management plan for such Areas; and (3) establish a trail for NFS lands to develop hiking and equestrian trails within the wilderness areas and non-motorized recreation trails within the Areas. Sets forth provisions regarding roads, vegetation management, motorized travel, fire, insects and disease, water, and mining and geothermal leasing.
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SECTION 1. PERMANENT INCREASE IN DEPOSIT INSURANCE. (a) Amendments to Federal Deposit Insurance Act.--Effective upon the date of the enactment of this Act, section 11(a) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) is amended-- (1) in paragraph (1)(E), by striking ``$100,000'' and inserting ``$250,000''; (2) in paragraph (1)(F)(i), by striking ``2010'' and inserting ``2015''; (3) in subclause (I) of paragraph (1)(F)(i), by striking ``$100,000'' and inserting ``$250,000''; (4) in subclause (II) of paragraph (1)(F)(i), by striking ``the calendar year preceding the date this subparagraph takes effect under the Federal Deposit Insurance Reform Act of 2005'' and inserting ``calendar year 2008''; and (5) in paragraph (3)(A), by striking ``, except that $250,000 shall be substituted for $100,000 wherever such term appears in such paragraph''. (b) Amendment to Federal Credit Union Act.--Section 207(k) of the Federal Credit Union Act (12 U.S.C. 1787(k)) is amended-- (1) in paragraph (3)-- (A) by striking the opening quotation mark before ``$250,000''; (B) by striking ``, except that $250,000 shall be substituted for $100,000 wherever such term appears in such section''; and (C) by striking the closing quotation mark after the closing parenthesis; and (2) in paragraph (5), by striking ``$100,000'' and inserting ``$250,000''. (c) Rule of Construction.--No provision of law, other than a provision of the Federal Deposit Insurance Act (with respect to the Federal Deposit Insurance Corporation and insured depository institutions) or the Federal Credit Union Act (with respect to the National Credit Union Administration and insured credit unions), may be construed as limiting the authority of-- (1) the Board of Directors of the Federal Deposit Insurance Corporation to set assessments under section 7(b)(2) of the Federal Deposit Insurance Act or to make any inflation adjustment under section 11(a)(1)(F) of such Act; or (2) the National Credit Union Administration Board to periodically adjust the amount of an insured credit union's deposit under section 202(c)(1) of the Federal Credit Union Act, set the insurance premium charge under section 202(c)(2) of such Act, or to make any inflation adjustment pursuant to section 207(k)(5) of such Act. SEC. 2. EXTENSION OF RESTORATION PLAN PERIOD. Section 7(b)(3)(E)(ii) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(3)(E)(ii)) is amended by striking ``5-year period'' and inserting ``8-year period''. SEC. 3. FDIC AND NCUA BORROWING AUTHORITY. (a) FDIC.--Section 14(a) of the Federal Deposit Insurance Act (12 U.S.C. 1824(a)) is amended by striking ``$30,000,000,000'' and inserting ``$100,000,000,000''. (b) NCUA.--Section 203(d)(1) of the Federal Credit Union Act (12 U.S.C. 1783(d)(1)) is amended by striking ``$100,000,000'' and inserting ``$6,000,000,000''. SEC. 4. EXPANDING SYSTEMIC RISK SPECIAL ASSESSMENTS. Section 13(c)(4)(G)(ii) of the Federal Deposit Insurance Act (12 U.S.C. 1823(c)(4)(G)(ii)) is amended to read as follows: ``(ii) Repayment of loss.-- ``(I) In general.--The Corporation shall recover the loss to the Deposit Insurance Fund arising from any action taken or assistance provided with respect to an insured depository institution under clause (i) from 1 or more special assessments on insured depository institutions, depository institution holding companies (with the concurrence of the Secretary of the Treasury with respect to holding companies), or both, as the Corporation determines to be appropriate. ``(II) Treatment of depository institution holding companies.--For purposes of this clause, sections 7(c)(2) and 18(h) shall apply to depository institution holding companies as if they were insured depository institutions. ``(III) Regulations.--The Corporation shall prescribe such regulations as it deems necessary to implement this clause. In prescribing such regulations, defining terms, and setting the appropriate assessment rate or rates, the Corporation shall establish rates sufficient to cover the losses incurred as a result of the actions of the Corporation under clause (i) and shall consider: the types of entities that benefit from any action taken or assistance provided under this subparagraph; economic conditions, the effects on the industry, and such other factors as the Corporation deems appropriate and relevant to the action taken or the assistance provided. Any funds so collected that exceed actual losses shall be placed in the Deposit Insurance Fund.''. SEC. 5. ESTABLISHMENT OF A NATIONAL CREDIT UNION SHARE INSURANCE FUND RESTORATION PLAN PERIOD. Section 202(c)(2) of the Federal Credit Union Act (12 U.S.C. 1782(c)(2)) is amended by adding at the end the following new subparagraph: ``(D) Fund restoration plans.-- ``(i) In general.--Whenever-- ``(I) the Board projects that the equity ratio of the Fund will, within 6 months of such determination, fall below the minimum amount specified in subparagraph (C) for the designated equity ratio; or ``(II) the equity ratio of the Fund actually falls below the minimum amount specified in subparagraph (C) for the equity ratio without any determination under sub-clause (I) having been made, the Board shall establish and implement a Share Insurance Fund restoration plan within 90 days that meets the requirements of clause (ii) and such other conditions as the Board determines to be appropriate. ``(ii) Requirements of restoration plan.--A Share Insurance Fund restoration plan meets the requirements of this clause if the plan provides that the equity ratio of the Fund will meet or exceed the minimum amount specified in subparagraph (C) for the designated equity ratio before the end of the 5-year period beginning upon the implementation of the plan (or such longer period as the Board may determine to be necessary due to extraordinary circumstances). ``(iii) Transparency.--Not more than 30 days after the Board establishes and implements a restoration plan under clause (i), the Board shall publish in the Federal Register a detailed analysis of the factors considered and the basis for the actions taken with regard to the plan.''.
Amends the Federal Deposit Insurance Act (FDIA) and the Federal Credit Union Act (FCUA) to redefine the standard maximum deposit insurance amount and the standard maximum share insurance amount as being $250,000, respectively (thus making such increase permanent). Amends the FDIA to: (1) extend from five years to eight years the period during which the restoration plan for the Deposit Insurance Fund (DIF) must rebuild its statutory reserve ratio; (2) increase to $100 billion the borrowing authority of the Federal Deposit Insurance Corporation (FDIC); and (3) authorize the FDIC to impose special assessments upon depository institution holding companies to recover losses to the DIF. Amends the FCUA to: (1) increase to $6 billion the borrowing authority of the National Credit Union Administration (NCUA); and (2) require the NCUA Board to establish a Share Insurance Fund (SIF) restoration plan whenever the Board projects that the SIF equity ratio will fall below, or the SIF equity ratio actually does fall below, the required minimum amount. Sets forth restoration plan requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Choice in Healthcare Act''. SEC. 2. MEDICARE AND MEDICAID CHOICE. (a) In General.--Notwithstanding any other provision of law, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish a demonstration program (referred to in this Act as the ``demonstration program'') under which Medicare and Medicaid eligible beneficiaries (as defined in section 4) are provided-- (1) the option of purchasing qualifying health benefits coverage; and (2) access to a debit style card (referred to in this Act as a ``Medi-Choice card'') for the purpose of purchasing health benefits coverage in accordance with the demonstration program and for paying certain other out-of-pocket health care expenditures. (b) Qualifying Health Benefits Coverage.--In this Act, the term ``qualifying health benefits coverage'' means health benefits coverage that meets the following requirements: (1) Benefits coverage.--In the case of-- (A) a dual eligible beneficiary, the coverage provides benefits that are at least as comprehensive as the benefits provided, as of the date of the enactment of this Act, under parts A, B, and D of title XVIII of the Social Security Act and under the State Medicaid plan under title XIX of such Act in California; (B) a Medicare eligible beneficiary who is not a dual eligible beneficiary, the coverage provides benefits that are at least as comprehensive as the benefits provided, as of the date of the enactment of this Act, under parts A, B, and D of title XVIII of the Social Security Act; and (C) a Medicaid eligible beneficiary who is not a dual eligible beneficiary, the coverage provides benefits that are at least as comprehensive as the benefits provided, as of the date of the enactment of this Act, under the State Medicaid plan under title XIX of the Social Security Act in California. (2) Guarantee issue; no preexisting condition exclusions.-- The coverage is offered and available under the demonstration program on a guaranteed issue basis without regard to health status and does not apply any preexisting condition exclusion (as defined in section 2701(b)(1)(A) of the Public Health Service Act). (3) Community rating.--Premiums for the coverage are uniform and do not vary by age, health status, geographic area, or other characteristics of the enrolled individual. SEC. 3. MEDI-CHOICE CARD. (a) Provision.--The Secretary shall enter into a contract with a major credit card provider or financial institution for the purpose of issuing Medi-Choice cards under the demonstration program. (b) Use.-- (1) Toward purchasing qualifying benefits coverage.--Medi- Choice cards shall be used to purchase qualifying health benefits coverage for eligible beneficiaries enrolled in the demonstration program. (2) Toward out of pocket costs.--Amounts remaining on such a card after the application of paragraph (1) may be used-- (A) to pay copayments or deductibles and other cost sharing on behalf of enrolled eligible beneficiaries; and (B) for other qualified medical expenses (as defined in section 223(d)(2) of the Internal Revenue Code of 1986) of such beneficiaries. (3) Unused amount.--Amounts on a Medi-Choice card not otherwise used under this paragraph shall remain available under the card until expended by or on behalf of an enrolled eligible beneficiary during the period of participation in the demonstration program. SEC. 4. ELIGIBLE BENEFICIARIES. (a) In General.--In this Act, the term ``eligible beneficiary'' means an individual-- (1) who is a legal permanent resident of the United States residing within the area covered by the demonstration program; and (2)(A) who is eligible for medical assistance for full benefits under the State plan under title XIX of the Social Security Act for California as of the date of the enactment of this Act; or (B) who is entitled to benefits under part A of title XVIII of the Social Security Act. (b) Exclusion.--The term ``eligible beneficiary'' does not include any individual for a month if the individual, as of the first day of the month is-- (1) enrolled by reason of disability in the program under title XIX of the Social Security Act; (2) entitled to benefits under chapter 55 of title 10, United States Code, including under the TRICARE program (as defined in section 1072(7) of such title); (3) imprisoned under Federal, State, or local authority; or (4) an alien who is not a lawful permanent resident of the United States. (c) References.--In this Act: (1) Medicare eligible beneficiary.--The term ``Medicare eligible beneficiary'' means an eligible beneficiary described in subsection (a)(2)(B). (2) Medicaid eligible beneficiary.--The term ``Medicaid eligible beneficiary'' means an eligible beneficiary described in subsection (a)(2)(A). (3) Dual eligible beneficiary.--The term ``dual eligible beneficiary'' means an eligible beneficiary who is both a Medicare eligible beneficiary and a Medicaid eligible beneficiary. SEC. 5. FUNDING OF MEDI-CHOICE CARDS. (a) Amounts.--Under the demonstration program, subject to the succeeding subsections, the Secretary shall make funds available through the Medi-Choice card as follows: (1) Dual eligible beneficiaries.--For a dual eligible beneficiary the annual amount of the deposit-- (A) for 2012 is equal to the sum of-- (i) the United States average nominal dollar value of medical assistance under title XIX of the Social Security Act; and (ii) the United States average nominal dollar value of the benefits under parts A, B, and D of title XVIII of such Act; (B) for any subsequent year is equal to the annual amount specified in this paragraph for the preceding year increased by the annual inflation adjustment described in subsection (d) for such subsequent year. (2) Other medicaid eligible beneficiaries.--For a Medicaid eligible beneficiary who is not a dual eligible beneficiary, the annual amount of the deposit-- (A) for 2012 is equal to the United States average nominal dollar value of medical assistance under title XIX of the Social Security Act; and (B) for any subsequent year is equal to the annual amount specified in this paragraph for the preceding year increased by the annual inflation adjustment described in subsection (d) for such subsequent year. (3) Other medicare eligible beneficiaries.--For a Medicare eligible beneficiary who is not a dual eligible beneficiary, the annual amount of the deposit shall-- (A) for 2012 be equal to the United States average nominal dollar value of the benefits under parts A, B, and D of title XVIII of the Social Security Act; and (B) for any subsequent year is equal to the annual amount specified in this paragraph for the preceding year increased by the annual inflation adjustment described in subsection (d) for such subsequent year. (4) Rounding.--Any amount computed under paragraph (1)(B), (2)(B), or (3)(B) that is not a multiple of $12 shall be rounded to the nearest multiple of $12. (b) Risk Adjustment.--The payment amounts under subsection (a) for an individual shall be adjusted, using a methodology specified by the Secretary, in a manner that takes into account the relative risk factors (such as those described in section 1853(a)(1)(C)(i) of the Social Security Act) associated with such individual. Such adjustment shall be made in such a manner as not to change the total amount of payments made under this section as a result of such adjustment. (c) Medi-Choice Reductions for Higher-Income Individuals.--In the case of an individual whose modified adjusted gross income (as defined in paragraph (4) of section 1839(i)(4) of the Social Security Act), exceeds the threshold amount specified in paragraph (2) of such section, as adjusted under paragraph (5) of such section, the annual amount under subsection (a)(2) shall be reduced by one percent for each percent of such excess, but not to exceed a reduction of 50 percentage points. (d) Annual Inflation Adjustment.--The annual inflation adjustment under paragraphs (1)(B) and (2)(B) for a year is equal to the average of-- (1) the annual rate of increase in the consumer price index for urban consumers (all items; United States city average) for the year, as projected by the Secretary in consultation with the Bureau of Labor Statistics before the beginning of the year; and (2) the annual rate of increase in the medical care component of the consumer price index for all urban consumers (United States city average) for the year, as projected by the Secretary in consultation with the Bureau of Labor Statistics before the beginning of the year. (e) Monthly Deposits.--Deposits of amounts to Medi-Choice cards under this section shall be credited on a monthly basis and prorated for partial months of program enrollment. SEC. 6. SCOPE OF DEMONSTRATION PROGRAM. (a) Area.--The demonstration program shall be conducted in the counties of Kern, Tulare, Kings, Fresno, Merced, Madera, Stanislaus, and San Joaquin in California. (b) Period of Demonstration Project.-- (1) Duration.--The demonstration program shall be conducted for a period of 10 years. (2) Initial enrollment.--Eligible beneficiaries shall be permitted to enroll in the demonstration program beginning on June 1, 2013. (c) Numerical Limitation.--No more than 100,000 eligible beneficiaries may be enrolled in the demonstration program at any time. SEC. 7. PAYMENT OF COSTS. (a) In General.--The Secretary shall be responsible for the cost of operating the demonstration program, including all amounts deposited onto Medi-Choice cards. The cost of operation of the program insofar as they are attributable (as determined by the Secretary) to-- (1) Medicare eligible beneficiaries and benefits under part A, part B, or part D of title XVIII of the Social Security Act shall be payable from the respective trust fund or account under the respective part, and the amounts in such trust funds or account shall be available to make such payments; or (2) Medicaid eligible beneficiaries and benefits under title XIX of such Act shall be payable from amounts appropriated to carry out such title and the amounts so appropriated shall be available to make such payments. (b) No Duplicate Payments.--Except as provided in section 8(d)(2), no amounts shall be payable under title XVIII or XIX of the Social Security Act for benefits or medical assistance for an eligible beneficiary participating in the demonstration program. SEC. 8. MISCELLANEOUS. (a) Assistance in Enrollment.--The Secretary shall maintain a toll free phone number to assist eligible beneficiaries with enrollment under the demonstration program and shall make information available to eligible beneficiaries in the demonstration area describing the options available, which shall include a comparison of plan costs and benefits. (b) Not Treated as Income.--Amounts paid into a Medi-Choice card shall not be treated as income for purposes of the Internal Revenue Code of 1986 or for purposes of determining eligibility for any Federal program. (c) Premium Obligations.--An individual participating in the demonstration-- (1) is not responsible for payment of any premium otherwise applicable under part B or D of title XVIII or under title XIX of the Social Security Act; but (2) shall use benefits applied to the Medi-Choice card for the purpose of purchasing qualifying health benefits coverage. (d) Relation to Medicaid Benefits.-- (1) In general.--In the case of an individual who participates in the demonstration program, the individual is not entitled to any payment under a State plan under title XIX of the Social Security Act with respect to any benefits relating to items and services for which coverage is provided under this title. (2) Continuation of medical assistance for noncovered items and services.--Nothing in this Act shall affect the continued provision of medical assistance under title XIX of such Act for items and services, such as dental, vision, or long-term care facility services, for which benefits are not provided under this Act regardless of medical necessity.
Choice in Healthcare Act - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program under which Medicare and Medicaid eligible beneficiaries are given: (1) the option of purchasing qualifying health benefits coverage, and (2) access to a debit style card (Medi-Choice card) for purchasing such coverage under the program and for paying certain other out-of-pocket health care expenditures. Directs the Secretary to contract with a major credit card provider or financial institution for issuing Medi-Choice cards under the program. Limits the demonstration program to specified counties in California and to a period of ten years.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Entrepreneurship Act of 2009''. SEC. 2. EXPANDING ENTREPRENEURSHIP. Section 4 of the Small Business Act (15 U.S.C. 633) is amended by adding at the end the following: ``(g) Management and Direction.-- ``(1) Plan for entrepreneurial development and job creation strategy.--The Administrator shall develop and submit to Congress a plan, in consultation with a representative from each of the agency's entrepreneurial development programs, for using the Small Business Administration's entrepreneurial development programs to create jobs during fiscal years 2010 and 2011. The plan shall include the Administration's plan for drawing on existing programs, including Small Business Development Centers, Women's Business Centers, SCORE, Veterans Business Centers, Native American Outreach, and other appropriate programs. The Administrator shall identify a strategy for each Administration region to create or retain jobs through Administration programs. The Administrator shall identify, in consultation with appropriate personnel from entrepreneurial development programs, performance measures and criteria, including job creation, job retention, and job retraining goals, to evaluate the success of the Administration's actions regarding these efforts. ``(2) Data collection process.--The Administrator shall, after notice and opportunity for comment, promulgate a rule to develop and implement a consistent data collection process to cover all entrepreneurial development programs. Such data collection process shall include data relating to job creation, performance, and any other data determined appropriate by the Administrator with respect to the Administration's entrepreneurial development programs. ``(3) Coordination and alignment of sba entrepreneurial development programs.--The Administrator shall submit annually to Congress, in consultation with other Federal departments and agencies as appropriate, a report on opportunities to foster coordination, limit duplication, and improve program delivery for Federal entrepreneurial development programs. ``(4) Database of entrepreneurial development service providers.--The Administrator shall, after a period of 60 days for public comment, establish a database of providers of entrepreneurial development services and, make such database available through the Administration's Web site. The database shall be searchable by industry, geography, and service required. ``(5) Community specialist.--The Administrator shall designate not less than one staff member in each Administration district office as a community specialist who has as their full-time responsibility working with local entrepreneurial development service providers to increase coordination with Federal resources. The Administrator shall develop benchmarks for measuring the performance of community specialists under this subsection. ``(6) Entrepreneurial development portal.--The Administrator shall publish a design for a Web-based portal to provide comprehensive information on the Administration's entrepreneurial development programs. After a period of 60 days for public comment, the Administrator shall establish such portal and-- ``(A) integrate under one Web portal, Small Business Development Centers, Women's Business Centers, SCORE, Veterans Business Centers, the Administration's distance learning program, and other programs as appropriate; ``(B) revise the Administration's primary Web site so that the Web portal described in subparagraph (A) is available as a link on the main Web page of the Web site; ``(C) increase consumer-oriented content on the Administration's Web site and focus on promoting access to business solutions, including marketing, financing, and human resources planning; ``(D) establish relevant Web content aggregated by industry segment, stage of business development, level of need, and include referral links to appropriate Administration services, including financing, training and counseling, and procurement assistance; and ``(E) provide style guidelines and links for visitors to the Administration's Web site to be able to comment on and evaluate the materials in terms of their usefulness. ``(7) Pilot programs.--The Administrator may not conduct any pilot program for a period of greater than 3 years if the program conflicts with, or uses the resources of, any of the entrepreneurial development programs authorized under section 8(b)(1)(B), 21, 29, 32, or any other provision of this Act.''. Passed the House of Representatives November 18, 2009. Attest: LORRAINE C. MILLER, Clerk.
Expanding Entrepreneurship Act of 2009 - Amends the Small Business Act relating to small business entrepreneurial development programs (programs) to direct the Administrator of the Small Business Administration (SBA) to: (1) develop and submit to Congress a plan for using the programs as a catalyst for job creation for FY2010-FY2011; (2) promulgate a rule to develop and implement a data collection process covering all programs; (3) report to Congress on opportunities to foster coordination, limit duplication, and improve delivery under the programs; (3) after public comment, establish and make available a database of providers of entrepreneurial development services; (4) designate at least one staff member in each SBA district office as a community specialist with full-time responsibility working with such providers to increase coordination with federal resources; and (5) publish a design for a Web-based portal that provides comprehensive information on the programs and, after public comment, establish such portal. Prohibits the Administrator from conducting any pilot program for a period of more than three years if the pilot program conflicts with or uses the resources of any of the entrepreneurial development programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnership for Productive Ports Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) A network of ports and harbors is essential to the United States economy, competitiveness in world trade, and national security. Approximately 95 percent of United States overseas trade moves on ships in and out of United States ports. (2) The Nation's coastal, ocean, and freshwater resources are critical assets which must be protected, conserved, and restored. These resources provide numerous economic and environmental benefits. (3) Port facilities serve as a key link in the intermodal transportation chain and can realize their full potential as magnets for shipping and commerce only if timely, cost- effective, and environmentally sound dredging and dredged material management occurs. (4) Approximately 400,000,000 cubic yards of sediment are dredged from our Nation's ports each year, 300,000,000 cubic yards of which is dredged from Federal channels. (5) Improved environmental responsibility requires that dredged material demonstrating a potential to unreasonably degrade human health or the environment be appropriately managed to minimize negative environmental interactions, yet suitable disposal sites are often not readily available. (6) All Federal navigation dredging projects are approved because they are in the national interest and therefore should not be blocked because of a lack of disposal capacity that meets the necessary Federal requirements. (7) The cost of disposal and management of sediments dredged in the course of constructing and maintaining a navigation project are integral to the total project costs and as such should be cost shared according to the allocations under existing law. (8) Inconsistent cost-sharing policies for the use of open water, upland, and confined disposal facilities create an economic incentive to use open water disposal sites even when more environmentally positive alternatives are preferable. (b) Purpose.--The purpose of this Act is to provide Federal-non- Federal cost sharing for the construction and operation of confined disposal facilities for contaminated dredged materials in order to make suitable alternatives to open water disposal available nationwide. SEC. 3. CREATION OF CONFINED DREDGED MATERIAL DISPOSAL FACILITIES. (a) Federal Share.--Section 101(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)) is amended-- (1) by striking ``The Federal share'' and inserting the following: ``(1) General federal share.--The Federal share''; (2) by moving the text of paragraph (1), as so designated, 2 ems to the right; and (3) by adding at the end the following: ``(2) Federal share for confined disposal facilities.--The Federal share of the cost of project features that are necessary for creation of confined dredged material disposal facilities shall be determined in accordance with subsection (a)(1). The cost sharing requirements of this paragraph shall apply to projects authorized before, on, or after the the date of the enactment of this paragraph. ``(3) Confined disposal facility defined.--In this section and section 210, the term `confined disposal facility' means any alternative to ocean disposal or ocean disposal with capping, including subaqueous borrow pits, containment islands, and upland confined disposal facilities.''. (b) Conforming Amendments.--Section 101 of such Act is further amended-- (1) in the second sentence of subsection (a)(2)-- (A) by inserting ``and'' after ``rights-of-way,''; and (B) by striking ``, and dredged material disposal areas''; (2) in subsection (a)(3)-- (A) by inserting ``and'' after ``rights-of-way,''; and (B) by striking ``, and dredged material disposal areas'' and inserting ``, including those required for confined dredged material disposal facilities,''; and (3) in subsection (e)(1) by striking ``, and to provide dredged material disposal areas''. SEC. 4. FUNDING FROM HARBOR MAINTENANCE TRUST FUND. Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended by adding at the end the following: ``(c) Inclusion of Disposal Costs as O&M Costs.--For purposes of this section, the term `operation and maintenance costs' includes costs related to disposal of dredged materials in a confined dredged material disposal facility. Operation and maintenance costs other than costs related to such disposal shall receive priority consideration for funding from the Harbor Maintenance Trust Fund.''. SEC. 5. CONFINED DISPOSAL FACILITY IN THE PORT OF NEW YORK AND NEW JERSEY. (a) Creation and Operation.--Not later than 18 months after the date of the enactment of this Act, the Secretary of the Army, in cooperation with the Administrator of the Environmental Protection Agency and State and local governmental agencies, shall create, operate, and maintain a confined dredged material disposal facility in the Port of New York and New Jersey. The facility shall be designed for the disposal of dredged materials that do not meet applicable criteria for open water disposal.
Partnership for Productive Ports Act - Amends the Water Resources Development Act of 1986 to: (1) require the Federal share of the cost of creation of confined dredged material disposal facilities to be determined in the same manner as such costs are determined for a harbor navigation project under such Act; (2) define "confined disposal facility" as any alternative to ocean disposal or ocean disposal with capping; and (3) include costs related to confined disposal facilities as operation and maintenance costs under such Act. Directs the Secretary of the Army to create, operate, and maintain a confined dredged material disposal facility in the Port of New York and New Jersey.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifetime Prosperity Act of 2005''. SEC. 2. EXPANSION OF SAVERS CREDIT. (a) Credit Extended and Made Permanent.-- (1) Permanent extension of credit.--Section 25B of the Internal Revenue Code of 1986 (relating to elective deferrals and IRA contributions by certain individuals) is amended by striking subsection (h). (2) Sunset made inapplicable.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 618 of such Act (relating to nonrefundable credit to certain individuals for elective deferrals and IRA contributions). (b) Expansion of Credit.--Subsections (a) and (b) of section 25B of such Code are amended to read as follows: ``(a) Allowance of Credit.--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 50 percent of the qualified retirement savings contributions of the eligible individual for the taxable year. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed the applicable dollar limit. ``(2) Applicable dollar limit.--For purposes of paragraph (1)-- ``(A) In general.--Except as provided in subparagraph (B), the applicable dollar limit is-- ``(i) in the case of a joint return, $3,000, and ``(ii) in the case of any other return, 50 percent of the dollar amount applicable for the taxable year under clause (i). ``(B) Limitation based on adjusted gross income.-- The applicable dollar limit shall be zero in the case of a taxpayer whose adjusted gross income for the taxable year exceeds-- ``(i) $150,000 in the case of a joint return, and ``(ii) $95,000 in any other case. ``(3) Inflation adjustment.--In the case of any taxable year beginning after 2006, the amounts contained in subparagraph (A)(i) and clauses (i) and (ii) of subparagraph (B) of paragraph (2) shall each 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 such calendar year by substituting `calendar year 2005' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. (c) Credit Allowed for Contributions to Roth IRAs for Children.-- (1) In general.--Paragraph (1) of section 25B(d) of such Code (defining qualified retirement savings contributions) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) the amount of contributions made by the eligible individual to all Roth IRAs for children under section 408A(g).''. (2) Limitation.--Paragraph (1) of section 25B(d) of such Code (defining qualified retirement savings contributions) is amended by adding at the end the following flush sentence: ``The amount taken into account under subparagraph (D) shall not exceed the aggregate amount of contributions allowed to all Roth IRAs of such eligible individual under section 408A(g).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. ROTH IRAS FOR CHILDREN. (a) In General.--Section 408A of the Internal Revenue Code of 1986 (relating to Roth IRAs) is amended by adding at the end the following new subsection: ``(g) Special Rules for Roth IRAs for Children.-- ``(1) General rule.--A Roth IRA maintained for the benefit of an individual who has not attained age 25 before the close of the taxable year shall be maintained under this section, as modified by this subsection. ``(2) Contribution limits.-- ``(A) In general.--For so long as a Roth IRA is subject to this subsection, contributions to such Roth IRA shall be subject to this paragraph and not to subsection (c)(2), and subsection (c)(3) shall not apply. ``(B) Limit.--The aggregate amount of contributions for any taxable year to all child Roth IRAs maintained for the benefit of an individual under this subsection shall not exceed the maximum amount allowable as a deduction under subsection (b)(1) of section 219 for such taxable year (computed without regard to subsections (b)(1)(B), (d)(1), and (g) of such section).''. (b) Enforcement of Contribution Limits.--Paragraphs (1)(B) and (2)(B) of section 4973(f) of such Code are each amended by striking ``and (c)(3)'' and inserting ``, (c)(3), and (f)(2)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.
Lifetime Prosperity Act of 2005 - Amends the Internal Revenue Code to: (1) make permanent the tax credit for retirement savings contributions; (2) revise the applicable percentage and dollar limitations for such credit; (3) provide for an inflation adjustment to adjusted gross income limitations applicable to such credit; and (4) allow a tax credit for contributions to Roth IRAs for children (under age 25).
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SECTION 1. FINDINGS. Congress finds that-- (1) the Augusta Canal National Landmark in the State of Georgia, listed on the National Historic Register of Historic Places, and designated by the Governor of Georgia as one of 4 regionally important resources in the State, is one of the last unspoiled areas in the State of Georgia; (2) the Augusta Canal National Historic Landmark possesses excellent water quality, beautiful rural and historic cultural landscapes, architecturally significant mill structures and mill villages, and large acreages of parks and permanent open space; (3) 3 national historic districts, the Harrisburg, Laney Walker, and Greene Street districts, and 2 national historic landmarks, Stallings Island, located in the Savannah River, and Meadow Garden, are connected by the Augusta Canal Area; (4) the beautiful rural landscapes and historic cultural landscapes, scenic vistas and excellent water quality of the Augusta Canal contain significant undeveloped recreational opportunities for people throughout the United States; (5) the Augusta Canal and related mill sites, structures, and associated neighborhoods are representative of the development of the cotton textile industry and associated agriculture and trade in the South; (6) the transformation of the agrarian economy of the area into an early industrial economy was precipitated by the development and use of the Augusta Canal; (7) several significant sites associated with the American Revolution, the Civil War, Native Americans, Colonial Americans, African Americans, Chinese Americans, and Irish Americans are located within the Augusta Canal area; (8) despite the efforts by the State of Georgia, political subdivisions of the State, volunteer organizations, and private businesses, the cultural, historical, natural, and recreational resources of the area have not realized full potential and may be lost without assistance from the Federal Government; (9) the Secretary of the Interior considers this landmark to be threatened and has designated it a priority for protection; (10) many local, regional, and State agencies, businesses, and private citizens have expressed an overwhelming desire to combine forces to work cooperatively to preserve and enhance the resources of the Augusta Canal National Historic Landmark and better plan for its future; and (11) the Augusta Canal Authority, a public body established under the law of the State of Georgia, would be an appropriate management entity for a National Heritage Area established in the area of the Augusta Canal. SEC. 2. PURPOSE. It is the purpose of this Act to provide a cooperative management framework to assist the State of Georgia, its units of local government, and area citizens in retaining, enhancing, and interpreting the significant features of the lands, water, and structures of the Augusta Canal, in a manner that is consistent with positive economic impact and development for the benefit and inspiration of present and future generations in the State of Georgia and the United States. SEC. 3. ESTABLISHMENT OF AUGUSTA CANAL NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State of Georgia the Augusta Canal National Heritage Area (referred to in this Act as the ``Heritage Area''). (b) Boundaries.-- (1) In general.--The Heritage Area shall include the land generally depicted on the map entitled ``The Augusta Canal'', numbered AUCA-80,000, and dated August 1994, which shall be on file and available for public inspection in the Office of the Director of the National Park Service, Washington, D.C. (2) Legal description.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior (referred to in this Act as the ``Secretary'') shall prepare and place on file with the map described in paragraph (1) a legal description of the boundaries of the Heritage Area. SEC. 4. MANAGEMENT. The Secretary, acting through the Director of the National Park Service, shall enter into a cooperative agreement with the Augusta Canal Authority, a public body established under the law of the State of Georgia, providing for the management of the Heritage Area by the Augusta Canal Authority under terms and conditions stated in the cooperative agreement. SEC. 5. MANAGEMENT PLAN. (a) Preparation of Plan.--Not later than 1 year after the date of enactment of this Act, the Augusta Canal Authority shall prepare and submit to the Secretary for review and approval a plan for the management and administration of the Heritage Area. (b) Contents.--The plan shall be based on Federal, State, and local plans in existence on the date of enactment of this Act, including the Augusta Canal Master Plan. The Augusta Canal Authority shall coordinate and combine such plans and present an integrated and cooperative approach for the protection, enhancement, and interpretation of the cultural, natural, scenic, and recreational resources of the Heritage Area. (c) Assistance.--The Secretary may provide technical and financial assistance in the preparation of the management plan. (d) Approval.-- (1) In general.--Not later than 180 days after receipt of the plan submitted under subsection (a), the Secretary shall approve or disapprove the plan. (2) Criteria.--In determining whether to approve a plan, the Secretary shall consider-- (A) whether the planning area has strong local support for the study from a diversity of landowners, business interests, nonprofit organizations, and governments within the proposed study area; (B) whether the proposal is consistent with and complements continued economic activity in the area; (C) whether the planning area has a high potential for effective partnership mechanisms; (D) whether the plan improperly infringes on private property rights; and (E) whether the plan will take appropriate action to ensure private property rights are observed. (3) Disapproval.-- (A) In general.--If the Secretary disapproves the management plan, the Secretary shall notify the Augusta Canal Authority of the disapproval in writing. (B) Contents.--A notification under subparagraph (A) shall include-- (i) the reasons for the disapproval; and (ii) recommendations for revision. (C) Revised plan.--The Augusta Canal Authority shall revise and resubmit the management plan to the Secretary for approval. Not later than 180 days after receipt of the revised plan, the Secretary shall approve or disapprove the plan as provided in paragraph (2). The Augusta Canal Authority shall revise and submit the management plan until the management plan is approved by the Secretary. (e) Implementation.-- (1) In general.--Upon approval of the management plan as provided in subsection (d), the Secretary, in conjunction with the Augusta Canal Authority, shall take appropriate steps to implement the management plan. (2) Cooperative agreements.--The Secretary is authorized to enter into cooperative agreements with the State of Georgia, political subdivisions of the State, the Augusta Canal Authority, or any organization or individual to implement the management plan. (f) Economic Development.--It is the sense of Congress that the Augusta Canal Authority, the State of Georgia, and the city of Augusta and other political subdivisions of the State of Georgia should encourage, by appropriate means, enhanced economic and industrial development in the area consistent with the goals of the Augusta Canal Master Plan. SEC. 6. DUTIES OF OTHER FEDERAL ENTITIES. Any Federal entity conducting or supporting activities directly affecting the Heritage Area shall-- (1) consult with the Secretary and the Augusta Canal Authority with respect to such activities; (2) cooperate with the Secretary and the Augusta Canal Authority with respect to such activities; (3) coordinate such activities with the Secretary and the Augusta Canal Authority; and (4) conduct or support such activities in a manner that the Secretary and the Augusta Canal Authority determine will not have an adverse effect on the Heritage Area. SEC. 7. ACQUISITION OF REAL PROPERTY. The Augusta Canal Authority may not use any Federal funds that it may receive to acquire real property or an interest in real property. SEC. 8. RULES OF CONSTRUCTION. (a) Occupational, Safety, Conservation, and Environmental Regulation.--Nothing in this Act shall be construed to-- (1) impose any occupational, safety, conservation, or environmental regulation on the Heritage Area that is more stringent than the regulations that would be applicable to the Heritage Area but for the establishment of the Heritage Area under section 3; or (2) authorize any Federal agency to promulgate an occupational, safety, conservation, or environmental regulation for the Heritage Area that is more stringent than the regulations applicable to the Heritage Area in existence on the date of enactment of this Act, solely as a result of the establishment of the Heritage Area under section 3. (b) Land Use Regulation.--Nothing in this Act shall be construed to-- (1) modify, enlarge, or diminish any authority of Federal, State, and local governments to regulate any use of land as provided for by current law or regulation; or (2) grant powers of zoning or land use to the Augusta Canal Authority. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
Establishes the Augusta Canal National Heritage Area in Georgia. Requires the Augusta Canal Authority to prepare and submit to the Secretary of the Interior for review and approval a plan for the management of the Area, based on existing Federal, State, and local plans in existence on the date of enactment of this Act. Directs the Authority to coordinate and combine such plans and present an integrated and cooperative approach for the protection, enhancement, and interpretation of the Area's cultural, natural, scenic, and recreational resources. Prohibits the Authority from using any Federal funds to acquire real property or interest in such property. Declares that nothing in this Act shall be construed to: (1) authorize Federal agencies to promulgate an occupational, safety, conservation, or environmental regulation for the Area that is more stringent than existing applicable regulations, solely as a result of the establishment of the Area; (2) modify, enlarge, or diminish the authority of Federal, State, and local governments to regulate any use of land as provided for by current law or regulation; or (3) grant powers of zoning or land use to the Authority. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Compensation Equity Act of 2000''. SEC. 2. CONCURRENT RECEIPT OF RETIRED PAY AND DISABILITY RETIREMENT FOR VETERANS WHO RECEIVED THE PURPLE HEART. (a) Concurrent Receipt.--Section 5304 of title 38, United States Code, is amended-- (1) by adding at the end of subsection (a)(1) the following new sentence: ``Notwithstanding the preceding sentence, emergency officers', regular, or reserve retirement pay (other than retired pay under chapter 61 of title 10) shall be paid to a veteran concurrently with compensation for a service- connected disability, without deduction from either the retirement pay or the compensation, in the case of a veteran who was awarded the Purple Heart and whose retirement pay is based on service of 20 years or more.''; and (2) by adding at the end the following new subsection: ``(d) Compensation paid by the Secretary for a service-connected disability may not be considered in determining eligibility for any other benefit under any provision of Federal, State, or local law and may not be counted as income of the veteran or the veteran's family for purposes of any provision of Federal, State, or local law for which eligibility for any benefit or program is determined based upon income.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to payments for periods beginning on or after the date of the enactment of this Act. SEC. 3. PRESERVATION OF VETERAN'S COMPENSATION BENEFIT FOR SURVIVING SPOUSE. (a) Compensation Benefit To Survive Death of Veteran.--Section 1311 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f) Notwithstanding the preceding provisions of this section, the rate of dependency and indemnity compensation paid for any month to the surviving spouse of a veteran who was awarded the Purple Heart shall be at the rate at which compensation under chapter 11 of this title would be paid for that month to that veteran if the veteran were not deceased (except that, for purposes of section 1115 of this title, such rate of compensation shall be determined as if the veteran had no spouse).''. (b) Effective Date.--The amendment made by this section shall apply with respect to payments for months beginning on or after the date of the enactment of this Act. SEC. 4. ANNUITIES UNDER SURVIVOR BENEFIT PLAN TO BE 100 PERCENT OF RETIRED PAY BASE AMOUNT. (a) Termination.--Section 1451 of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking out ``shall be'' in the matter preceding subparagraph (A) and all that follows in that paragraph and inserting in lieu thereof ``shall be the amount equal to 100 percent of the base amount.''; and (B) in paragraph (2), by striking out ``shall be'' in the matter preceding subparagraph (A) and all that follows in that paragraph and inserting in lieu thereof ``shall be the amount equal to a percentage of the base amount that-- ``(A) is less than 100 percent; and ``(B) is determined under subsection (f).''; and (2) in paragraph (1) of subsection (c), by striking out ``shall be'' in the matter preceding subparagraph (A) and all that follows in that paragraph and inserting in lieu thereof ``shall be the amount equal to 100 percent of the retired pay to which the member or former member would have been entitled if the member or former member had been entitled to that pay based upon his years of active service when he died.''. (b) Repeal of Requirement for Reduction of Annuity at Age 62.--Such section is further amended by striking out subsection (d). (c) Repeal of Alternative Computation for Certain Beneficiaries for Whom Social Security Offset Was More Beneficial Than Two-Tier Computation.--Such section is further amended by striking out subsection (e). (d) Conforming Amendment.--Subsection (f) of such section is amended by striking out ``(a)(2), (b)(2), or (e)(2)(B)'' and inserting in lieu thereof ``(a)(2) or (b)(2)''. (e) Effective Date.--The amendments made by this section shall apply to payment of annuities for months that begin after the date of the enactment of this Act. (f) Recomputation of Existing Annuities.--In the case of a person who is a beneficiary under the Survivor Benefit Plan established by subchapter II of chapter 73 of title 10, United States Code, on the date of the enactment of this Act, the Secretary concerned (as defined in section 101 of title 37, United States Code) shall recompute the amount of that person's annuity as necessary to reflect the amendments made by this section.
Makes the rate of dependency and indemnity compensation (DIC) for the surviving spouse of a veteran who was awarded the Purple Heart the same as the rate of compensation for service-connected disability or death that would be paid to a veteran if the veteran were not deceased (thereby continuing the DIC payment beyond the veteran's death). Makes annuities under the Survivor Benefit Plan 100 percent of the base amount. (Currently, such annuities are specified percentages of such base amount based on age.) Repeals: (1) the requirement for annuity reduction at age 62; and (2) an alternative computation of such annuity for certain beneficiaries. Requires the recomputation of existing annuities due to amendments made by this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Legislative Line Item Veto Act''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS AND REPEALS OF TAX EXPENDITURES AND DIRECT SPENDING. (a) In General.--Title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by adding after section 1012 the following new section: ``expedited consideration of certain proposed rescissions and repeals of tax expenditures and direct spending ``Sec. 1012A. (a) Proposed Cancellation of Budget Item.--The President may propose, at the time and in the manner provided in subsection (b), the cancellation of any budget item provided in any Act. ``(b) Transmittal of Special Message.-- ``(1)(A) Subject to the time limitations provided in subparagraph (B), the President may transmit to Congress a special message proposing to cancel budget items and include with that special message a draft bill that, if enacted, would only cancel those budget items as provided in this section. The bill shall clearly identify each budget item that is proposed to be canceled including, where applicable, each program, project, or activity to which the budget item relates. The bill shall specify the amount, if any, of each budget item that the President designates for deficit reduction as provided in paragraph (4). ``(B) A special message may be transmitted under this section-- ``(i) during the 20-calendar-day period (excluding Saturdays, Sundays, and legal holidays) commencing on the day after the date of enactment of the provision proposed to be rescinded or repealed; or ``(ii) at the same time as the President's budget. ``(2) In the case of an Act that includes budget items within the jurisdiction of more than one committee of a House, the President in proposing to cancel such budget item under this section shall send a separate special message and accompanying draft bill for each such committee. ``(3) Each special message shall specify, with respect to the budget item proposed to be canceled-- ``(A) the amount that the President proposes be canceled; ``(B) any account, department, or establishment of the Government to which such budget item is available for obligation, and the specific project or governmental functions involved; ``(C) the reasons why the budget item should be canceled; ``(D) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect (including the effect on outlays and receipts in each fiscal year) of the proposed cancellation; and ``(E) all facts, circumstances, and considerations relating to or bearing upon the proposed cancellation and the decision to effect the proposed cancellation, and to the maximum extent practicable, the estimated effect of the proposed cancellation upon the objects, purposes, and programs for which the budget item is provided. ``(4)(A) Not later than 5 days after the date of enactment of a bill containing an amount designated by the President for deficit reduction under paragraph (1), the President shall-- ``(i) with respect to a rescission bill, reduce the discretionary spending limits under section 601 of the Congressional Budget Act of 1974 for the budget year and each outyear to reflect such amount; and ``(ii) with respect to a repeal of a tax expenditure or direct spending, adjust the balances for the budget year and each outyear under section 252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 to reflect such amount. ``(B) Not later than 5 days after the date of enactment of a bill containing an amount designated by the President for deficit reduction under paragraph (1), the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise levels under section 311(a) and adjust the committee allocations under section 602(a) to reflect such amount. ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second day of session of the Senate and the House of Representatives, respectively, after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of each House shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence in either House, then, on the third day of session of that House after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the appropriate committee or (in the House of Representatives) committees. The committee shall report the bill without substantive revision and with or without recommendation. The committee shall report the bill not later than the seventh day of session of that House after the date of receipt of that special message. If the committee fails to report the bill within that period, the committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill shall be taken in the Senate and the House of Representatives on or before the close of the 10th day of session of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the Senate or the House of Representatives, as the case may be, shall cause the bill to be engrossed, certified, and transmitted to the other House within one calendar day of the day on which the bill is passed. ``(2)(A) During consideration under this subsection in the House of Representatives, any Member of the House of Representatives may move to strike any proposed cancellation of a budget item if supported by 49 other Members. ``(B) A motion in the House of Representatives to proceed to the consideration of a bill under this subsection shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(C) Debate in the House of Representatives on a bill under this subsection shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this subsection or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(D) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(E) Except to the extent specifically provided in this section, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. It shall not be in order in the House of Representatives to consider any rescission bill introduced pursuant to the provisions of this section under a suspension of the rules or under a special rule. ``(3)(A) During consideration of a bill under this subsection in the Senate, any Member of the Senate may move to strike any proposed cancellation of a budget item if supported by 11 other Members. ``(B) It shall not be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(C) Debate in the Senate on a bill under this subsection, and all debatable motions and appeals in connection therewith (including debate pursuant to subparagraph (D)), shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(D) Debate in the Senate on any debatable motion or appeal in connection with a bill under this subsection shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(E) A motion in the Senate to further limit debate on a bill under this subsection is not debatable. A motion to recommit a bill under this subsection is not in order. ``(F) If the Senate proceeds to consider a bill introduced in the House of Representatives under paragraph (1)(A), then any Senator may offer as an amendment the text of the companion bill introduced in the Senate under paragraph (1)(A) as amended if amended (under subparagraph (A)). Debate in the Senate on such bill introduced in the House of Representatives, and all debatable motions and appeals in connection therewith (including debate pursuant to subparagraph (D)), and any amendment offered under this subparagraph, shall not exceed 10 hours minus such times (if any) as Senators consumed or yielded back during consideration of the companion bill introduced in the Senate under paragraph (1)(A). ``(4) Debate in the House of Representatives or the Senate on the conference report on any bill considered under this section shall be limited to not more than 2 hours, which shall be divided equally between the majority leader and the minority leader. A motion further to limit debate is not debatable. A motion to recommit the conference report is not in order, and it is not in order to move to reconsider the vote by which the conference report is agreed to or disagreed to. ``(d) Amendments and Divisions Prohibited.--Except as otherwise provided by this section, no amendment to a bill considered under this section shall be in order in either the Senate or the House of Representatives. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole). No motion to suspend the application of this subsection shall be in order in the House of Representatives, nor shall it be in order in the House of Representatives to suspend the application of this subsection by unanimous consent. ``(e) Requirement To Make Available for Obligation.--Any budget item proposed to be canceled in a special message transmitted to Congress under subsection (b) shall not be made available for obligation or take effect until the day after the date on which either House rejects the bill transmitted with that special message. ``(f) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; ``(2) the term `direct spending' shall have the same meaning given such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985; ``(3) the term `budget item' means-- ``(A) an amount, in whole or in part, of budget authority provided in an appropriation Act; ``(B) an amount of direct spending; or ``(C) a targeted tax benefit; ``(4) the term `cancellation of a budget item' means-- ``(A) the rescission of any budget authority provided in an appropriation Act; ``(B) the repeal of any amount of direct spending; or ``(C) the repeal of any targeted tax benefit; and ``(5) the term `targeted tax benefit' means any provision which has the practical effect of providing a benefit in the form of a different treatment to a particular taxpayer or a limited class of taxpayers, whether or not such provision is limited by its terms to a particular taxpayer or a class of taxpayers. Such term does not include any benefit provided to a class of taxpayers distinguished on the basis of general demographic conditions such as income, number of dependents, or marital status.''. (b) Exercise of Rulemaking Powers.--Section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended-- (1) in subsection (a), by striking ``and 1017'' and inserting ``1012A, and 1017''; and (2) in subsection (d), by striking ``section 1017'' and inserting ``sections 1012A and 1017''. (c) Clerical Amendments.--The table of sections for subpart B of title X of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 1012 the following: ``Sec. 1012A. Expedited consideration of certain proposed rescissions and repeals of tax expenditures and direct spending.''. (d) Effective Period.--The amendments made by this Act shall-- (1) take effect on the date of enactment of this Act; (2) apply only to budget items provided in Acts enacted on or after the date of enactment of this Act; and (3) cease to be effective on September 30, 1998.
Legislative Line Item Veto Act - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose to the Congress the cancellation of any budget item provided in any Act. Authorizes the President to transmit a draft bill to the Congress with such a proposal, including the amount of each budget item designated for deficit reduction. Establishes expedited procedures in the Senate and the House of Representatives for consideration of such bill.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Belarus Democracy Reauthorization Act of 2011''. SEC. 2. FINDINGS. Section 2 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 2. FINDINGS. ``Congress makes the following findings: ``(1) The United States Government supports a prosperous and democratic Belarus that upholds the rule of law and respects the fundamental rights of its citizens, including rights to freedom of assembly, association, and expression. ``(2) The United States Government remains committed to the sovereignty and independence of the Republic of Belarus and supports its integration into the Euro-Atlantic community of nations. ``(3) The Government of Belarus has engaged in a pattern of clear and systematic abuse of state authority, including through a series of fraudulent elections that have undermined the democratic process and deprived the people of Belarus of a voice in the conduct of public affairs. ``(4) The Government of Belarus has subjected thousands of political activists, civil society representatives, and independent journalists to harassment and intimidation, creating a climate of fear that has weakened the bond of trust between the people of Belarus and their government. ``(5) On December 19, 2010, the Government of Belarus conducted flawed and undemocratic presidential elections that were marred by significant misconduct, including-- ``(A) the detention of numerous opposition and civil society representatives; ``(B) the use of disproportionate force against pro-democracy political activists, journalists, and opposition candidates; and ``(C) the disruption of independent broadcast and Internet media, including Gmail, Hotmail, Charter97.org, euroradio.by, gazetaby.com, and zapraudu.info. ``(6) After the December 19, 2010, presidential election, the Government of Belarus detained or arrested more than 600 political activists, journalists, civil society representatives, and seven of the nine presidential candidates, depriving them of their liberty, access to legal counsel, and communication with their families. ``(7) After the December 19, 2010, presidential election, security services of the Government of Belarus conducted raids at the offices and homes of journalists, political activists, and civil society representatives, including searches and seizures of equipment at opposition and non-governmental organizations, effectively curtailing their ability to operate. ``(8) After the December 19, 2010, presidential election, Belarus officials initiated criminal proceedings against an estimated 40 defendants, disbarred several opposition defense lawyers, and closed the Organization for Security and Cooperation (OSCE) Office in Minsk, violating its commitment as a participating state of the Organization for Security and Cooperation. ``(9) On March 17, 2011, the Senate passed unanimously Senate Resolution 105, condemning the December 19, 2010, presidential election as `illegitimate, fraudulent, and not representative of the will or the aspirations of the voters in Belarus'.''. SEC. 3. STATEMENT OF POLICY. Section 3 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 3. STATEMENT OF POLICY. ``It is the policy of the United States-- ``(1) to continue its support of those in the Republic of Belarus seeking-- ``(A) to promote representative government, human rights, and the rule of law and to preserve and strengthen the sovereignty and independence of Belarus; and ``(B) to promote the integration of Belarus into the Euro-Atlantic community of nations; ``(2) to commend the democratic opposition in Belarus for their commitment to fundamental human freedoms, their courage in the face of authoritarianism and repression, and their struggle to forge a vibrant civil society, which is the foundation for the institutions of democratic governance; ``(3) to condemn the conduct of the December 19, 2010, presidential election in Belarus and violent crackdown on opposition candidates, political activists, journalists, and civil society representatives; ``(4) to call on the Government of Belarus to release immediately all those who have been unjustly detained for exercising their basic rights; ``(5) to continue to refuse to accept as legitimate the results of the December 19, 2010, presidential election, and to support calls for new presidential and parliamentary elections that are free, fair, and consistent with the obligations of the Republic of Belarus as a participating state of the Organization for Security and Cooperation; ``(6) to support the continued application of targeted European Union and United States sanctions, including both visa bans and asset freezes, against officials and responsible associates in Belarus until such time as the Government of Belarus treats its people with the dignity and respect they deserve; ``(7) to call upon other members of the international community, including the Government of the Russian Federation, to use their influence in Belarus to promote the purposes of this Act; ``(8) to expand both material and technical assistance to the people of Belarus and to Belarusian civil society, including-- ``(A) support for strengthening regional independent media in Belarus; ``(B) support for strengthening online independent media, to include creating mobile-friendly content and multimedia content; and ``(C) support for expanding the capacity of non- government organizations and civil society in Belarus, with a focus on reaching women and youth; ``(9) to continue to coordinate our actions with the European Union and other countries and international organizations to promote the democratic development of the Republic of Belarus and its integration into the Euro-Atlantic community of nations; and ``(10) to remain open to reevaluating United States policy toward Belarus as warranted and provided that all political prisoners detained arbitrarily as a result of the presidential elections of December 19, 2010, are released.''. SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS. Section 4 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended-- (1) in subsection (b)-- (A) by striking ``primarily for indigenous'' and inserting ``for independent, indigenous''; and (B) by inserting ``and that are capable of absorbing international assistance'' before the period at the end; (2) in subsection (c)-- (A) by amending paragraph (1) to read as follows: ``(1) facilitating the development of independent, indigenous print, radio, television, and Internet broadcasting working within Belarus and from locations outside Belarus;''; and (3) in subsection (d)(1), by striking ``such sums as may be necessary for each of the fiscal years 2007 and 2008'' and inserting ``such sums as may be necessary for each of fiscal years 2012 through 2014''. SEC. 5. RADIO AND TELEVISION BROADCASTING TO BELARUS. Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 5. RADIO, TELEVISION, AND INTERNET BROADCASTING TO BELARUS. ``It is the sense of Congress that the President should continue to support Radio Free Europe/Radio Liberty and Voice of America broadcasting to the people of Belarus to ensure access to objective and timely information about domestic and global public affairs.''. SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS. Section 6(b) of the Belarus Democracy Act of 2004 (Public Law 109- 480; 22 U.S.C. 5811 note) is amended-- (1) in paragraph (1), by inserting ``or expression, including those individuals jailed based on political beliefs or expression in connection with the presidential election of December 19, 2010'' before the period at the end; (2) in paragraph (2), by inserting ``, including politically motivated legal charges made in connection with the presidential election of December 19, 2010'' before the period at the end; and (3) in paragraph (5), by inserting ``and abridgements of fundamental freedoms, including abridgements of fundamental freedoms committed in connection with the presidential election of December 19, 2010'' before the period at the end. SEC. 7. REPORT. Section 8(a) of the Belarus Democracy Act of 2004 (Public Law 109- 480; 22 U.S.C. 5811 note) is amended in the matter preceding paragraph (1)-- (1) by striking ``this Act'' and inserting ``the Belarus Democracy Reauthorization Act of 2011''; and (2) by inserting ``and the Commission on Security and Cooperation in Europe'' after ``appropriate congressional committees''. SEC. 8. DEFINITIONS. Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended-- (1) in paragraph (1), by striking ``Committee on International Relations'' and inserting ``Committee on Foreign Affairs''; and (2) in paragraph (3)(C), by striking ``Lukashenka regime'' and inserting ``Government of Belarus''.
Belarus Democracy Reauthorization Act of 2011 - Amends the Belarus Democracy Act of 2004 to authorize assistance to promote democracy and civil society in Belarus. Includes Internet broadcasting within the scope of support and funding for broadcasting from within and to Belarus. Expresses the sense of Congress that the President should continue to support Radio Free Europe/Radio Liberty and Voice of America broadcasting to the people of Belarus to ensure access to objective and timely information about domestic and global public affairs. Includes among the criteria that the government of Belarus must meet in order to end U.S. sanctions the release of individuals who were jailed based on political beliefs or human rights violations in connection with the repression that attended the December 2010 presidential election.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Spill Prevention Act of 2010''. SEC. 2. OIL FUEL TANK PROTECTION. Section 3306 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(k)(1) Each vessel of the United States that is constructed under a contract entered into after the date of enactment of the Oil Spill Prevention Act of 2010, or that is delivered after August 1, 2010, with an aggregate capacity of 600 cubic meters or more of oil fuel, shall comply with the requirements of Regulation 12A under Annex I to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, entitled `Oil Fuel Tank Protection.'. ``(2) The Secretary may prescribe regulations to apply the requirements described in Regulation 12A to vessels described in paragraph (1) that are not otherwise subject to that convention. ``(3) In this subsection the term `oil fuel' means any oil used as fuel in connection with the propulsion and auxiliary machinery of the vessel in which such oil is carried.''. SEC. 3. MARITIME EMERGENCY PREVENTION. (a) In General.--Section 4(b) of the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1223(b)) is amended-- (1) by striking ``operate or'' and inserting ``operate, including direction to change the vessel's heading and speed, or''; and (2) by inserting ``emergency or'' after ``other'' in paragraph (3). (b) Revision of VTS Policy.--The Secretary of the department in which the Coast guard is operating shall-- (1) provide guidance to all vessel traffic personnel that clearly defines the use of authority to direct or control vessel movement when such direction or control is justified in the interest of safety; and (2) require vessel traffic personnel communications to identify the vessel, rather than the pilot, when vessels are operating in vessel traffic service pilotage areas. (c) Adequacy of VTS Locations and Infrastructure.-- (1) In general.--The Secretary of the department in which the Coast Guard is operating shall continue to conduct individual port and waterway safety assessments under the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.) to determine and prioritize the United States ports, waterways, and channels that are in need of new, expanded, or improved vessel traffic management risk mitigation measures, including vessel traffic service systems, by evaluating-- (A) the nature, volume, and frequency of vessel traffic; (B) the risks of collisions, allisions, spills, and other maritime mishaps associated with that traffic; (C) the projected impact of installation, expansion, or improvement of a vessel traffic service system or other risk mitigation measures; and (D) any other relevant data. (2) Analyses.--Based on the results of the assessments under paragraph (1), the Secretary shall identify the requirements for necessary expansion, improvement, or construction of buildings, networks, communications, or other infrastructure to improve the effectiveness of existing vessel traffic service systems, or necessary to support recommended new vessel traffic service systems, including all necessary costs for construction, reconstruction, expansion, or improvement. (3) Personnel.--The Secretary shall-- (A) review and validate the recruiting, retention, training, and expansion of the vessel traffic service personnel workforce necessary to maintain the effectiveness of existing vessel traffic service systems and to support any expansion or improvement identified by the Secretary under this section; and (B) require basic navigation training for vessel traffic service watchstander personnel-- (i) to support and complement the existing mission of the vessel traffic service to monitor and assess vessel movements within a vessel traffic service Area; (ii) to exchange information regarding vessel movements with vessel and shore-based personnel; and (iii) to provide advisories to vessel masters. (4) Report.--Within 1 year after the date of enactment of this Act, the Secretary shall submit to the Congress a report consolidating the results of the analyses under paragraph (2), together with recommendations for implementing the study results. SEC. 4. TRAINED POLLUTION INVESTIGATORS. To the extent practicable, the Commandant of the Coast Guard shall ensure that there is at least 1 trained and experienced pollution investigator on duty, or in an on-call status, at all times for each Coast Guard Sector Command. SEC. 5. DURATION OF CREDENTIALS. (a) Merchant Mariner's Documents.--Section 7302(f) of title 46, United States Code, is amended to read as follows: ``(f) Periods of Validity and Renewal of Merchant Mariners' Documents.-- ``(1) In general.--Except as provided in subsection (g), a merchant mariner's document issued under this chapter is valid for a 5-year period and may be renewed for additional 5-year periods. ``(2) Advance renewals.--A renewed merchant mariner's document may be issued under this chapter up to 8 months in advance but is not effective until the date that the previously issued merchant mariner's document expires.''. (b) Duration of Licenses.--Section 7106 of such title is amended to read as follows: ``7106. Duration of licenses ``(a) In General.--A license issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second- class radiotelegraph operator license issued by the Federal Communications Commission. ``(b) Advance Renewals.--A renewed license issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued license expires.''. (c) Certificates of Registry.--Section 7107 of such title is amended to read as follows: ``7107. Duration of certificates of registry ``(a) In General.--A certificate of registry issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a certificate issued to a medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor or registered nurse, respectively, issued by a State. ``(b) Advance Renewals.--A renewed certificate of registry issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued certificate of registry expires.''. SEC. 6. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS. (a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 46, United States Code, is amended by adding at the end the following: ``7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents ``(a) Licenses and Certificates of Registry.--Notwithstanding sections 7106 and 7107, the Secretary of the department in which the Coast Guard is operating may extend for up to one year an expiring license or certificate of registry issued for an individual under chapter 71 if the Secretary determines that extension is required-- ``(1) to enable the Coast Guard to eliminate a backlog in processing applications for those licenses or certificates of registry; ``(2) because necessary records have been destroyed or are unavailable due to a natural disaster; or ``(3) to align the expiration date of a license or certificate of registry with the expiration date of a transportation worker identification credential under section 70501. ``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g), the Secretary may extend for one year an expiring merchant mariner's document issued for an individual under chapter 71 if the Secretary determines that extension is required-- ``(1) to enable the Coast Guard to eliminate a backlog in processing applications for those licenses or certificates of registry; ``(2) because necessary records have been destroyed or are unavailable due to a natural disaster; or ``(3) to align the expiration date of a license or certificate of registry with the expiration date of a transportation worker identification credential under section 70501. ``(c) Manner of Extension.--Any extensions granted under this section may be granted to individual seamen or a specifically identified group of seamen. ``(d) Expiration of Authority.--The authority for providing an extension under this section shall expire on December 31, 2011.''. (b) Clerical Amendment.--The chapter analysis for such chapter is amended by adding at the end the following: ``7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents.''. SEC. 7. ELIMINATION OF CERTAIN REPORTS. Notwithstanding the direction of the House of Representatives Committee on Appropriations on page 60 of Report 109-79 (109th Congress, 1st Session) under the headings ``United States Coast Guard Operating Expenses'' and ``Area Security Maritime Exercise Program'', concerning the submission by the Coast Guard of reports to that Committee on the results of port security terrorism exercises, beginning with October, 2010, the Coast Guard shall submit only 1 such report each year. SEC. 8. BUDGETARY EFFECTS The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the Senate September 29, 2010. Attest: NANCY ERICKSON, Secretary.
Oil Spill Prevention Act of 2010 - (Sec. 2) Requires double hull protection of oil fuel tanks on certain vessels with a tank capacity of at least 600 cubic meters. Defines "oil fuel" as any oil used as fuel in connection with the vessel's propulsion and auxiliary machinery. (Sec. 3) Directs the Secretary of the department in which the Coast Guard is operating to: (1) provide guidance to all vessel traffic personnel that clearly defines the use of authority to direct or control vessel movement when such direction or control is justified in the interest of safety; and (2) require vessel traffic personnel communications to identify the vessel, rather than the pilot, when vessels are operating in vessel traffic service pilotage areas. Requires the Secretary to identify, and report to Congress concerning, requirements for the necessary expansion, improvement, or construction of buildings, networks, communications, or other infrastructure to improve the effectiveness of existing vessel traffic service systems, or necessary to support recommended new vessel traffic service systems, including all necessary costs for construction, reconstruction, expansion, or improvement. Requires a review and validation of the recruiting, retention, training, and expansion of vessel traffic service personnel. (Sec. 4) Requires that at least one trained and experienced pollution investigator be on duty or on call at all times for each Coast Guard Sector Command. (Sec. 5) Modifies requirements regarding the duration of merchant mariner's documents and certificates of registry. (Sec. 6) Authorizes the extending of licenses, certificates of registry, and merchant mariner's documents in specified circumstances. Terminates that authorization on December 31, 2011. (Sec. 7) Limits to one the number of reports regarding port security terrorism exercises that the Coast Guard is required to submit each year to the House of Representatives Committee on Appropriations. (Sec. 8) Requires that compliance with the Statutory Pay-As-You-Go Act of 2010 be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Full Funding Act''. SEC. 2. ENHANCED PROCESS FOR FUNDING VETERANS HEALTH CARE PROGRAMS. (a) In General.--(1) Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 320. Enhanced funding process for veterans health care ``(a) In the President's budget for each fiscal year transmitted under section 1105 of title 31, amounts shall be requested for veterans health care programs in accordance with this section. Amounts appropriated for veterans health care programs shall be available for obligation for a period of two consecutive fiscal years. ``(b)(1) For each fiscal year (beginning with fiscal year 2005), the Veterans Health Care Funding Review Board shall determine the level of funding needed for veterans health care programs for that fiscal year and the next fiscal year. The Board shall make such determination, and shall publish such determination in the Federal Register, not later than November 1 of the year preceding the year in which the budget for such fiscal year is transmitted to Congress. ``(2) In making any such determination under paragraph (1), the Board shall take into consideration the most recent information relating to economic assumptions provided to the Board by the Director of the Office of Management and Budget pursuant to subsection (f)(4)(b). ``(c) The amount determined under subsection (b) for any two- fiscal-year period is the amount needed to be appropriated to the Department for that two-fiscal-year period for veterans health care programs. The President shall include the full amount so determined in the budget transmitted to Congress under section 1105 of title 31 for the first fiscal year in such two-year period and shall include the amount of the second fiscal year as a budget forecast year. ``(d)(1) The Board shall make its determination of the level of funding needed for veterans health care programs for any two-fiscal- year period under subsection (b) based upon an annual review of those programs and of veterans health care needs. ``(2) The Board shall ensure that its determination of the level of funding needed for veterans health care programs for any period is in an amount sufficient to provide for-- ``(A) the health care needs of veterans estimated to be enrolled in the Department health care system under section 1705(a) of this title (other than veterans described in paragraph (8) of such section); ``(B) the health care needs of veterans with service- connected disabilities who are not required to enroll in such health care system; ``(C) timely access to health care under standards for access prescribed under section 1703(d)(1) of this title; ``(D) maintenance of capacities of Department nursing home facilities as required by section 1710B(b) of this title and of specialized programs as required by section 1706(b)(1) of this title; ``(E) the health care needs of persons eligible for benefits under chapter 17 of this title based upon subchapter VIII of that chapter; ``(F) the necessary maintenance, improvement, upgrading, expanding, repairing, and replacing of major and minor medical facilities, capital equipment, and systems to ensure that health care facilities of the Department are adequate for the purposes of programs and benefits authorized for the care of veterans under chapter 17 of this title; and ``(G) unanticipated requirements, including-- ``(i) changes in benefits; ``(ii) changes in beneficiaries; ``(iii) changes in economic conditions or assumptions; and ``(iv) such other factors as the Board considers appropriate. ``(3) Each such review under paragraph (1) shall consider-- ``(A) demographic information; ``(B) utilization and cost trends for veterans enrolled under section 1705 of this title and other Department health- care beneficiaries; ``(C) requirements for support of other core missions of the Department related to health care; ``(D) the degree of efficiency (or the lack of efficiency) by which the Secretary actually delivers health care services to veterans; and ``(E) such other factors as the Board considers appropriate. ``(4)(A) The Board shall submit to Congress an annual report, not later than the date on which the President transmits the budget to Congress under section 1105 of title 31 each year, on its most recent determination under subsection (b) and its most recent review under paragraph (1). ``(B) The report shall include the following: ``(i) A statement of the amount determined for each of the two fiscal years covered by such determination under subsection (b). ``(ii) A description of the economic assumptions and other assumptions made by the Board in making such determination and how that determination was developed. ``(iii) Any recommendations to Congress or the Secretary that the Board considers appropriate concerning the means and methods for the Secretary to achieve optimal efficiencies or savings in delivering health care to veterans. ``(5) Following the submission of the report under paragraph (4) each year, the Board shall review and reconsider the matters contained in the report and shall, during the five-day period ending on May 1 of that year, submit to Congress a report updating the matters in the report submitted under paragraph (4). The Board shall include in that report any revision it considers appropriate to its most recent determination under subsection (b), together with the reasons for any such revision. ``(e) For purposes of this section, the term `veterans health care programs' means programs, functions, and activities of the Veterans Health Administration other than-- ``(1) medical and prosthetic research; and ``(2) grants under subchapter III of chapter 81 of this title. ``(f)(1) There is established in the Department of Veterans Affairs a Veterans Health Care Funding Review Board. The Board shall consist of three members who shall be appointed by the Secretary. Persons appointed to the Board shall have professional backgrounds and experience in health care policy analysis, health care statistics, health care insurance, or health care economics or have similar qualifications considered suitable by the Secretary. ``(2)(A) Except as provided in subparagraph (B), the members of the Board shall serve for a term of 15 years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which the member's predecessor was appointed shall only serve until the end of such term. A member may serve after the end of the term of the member until the successor of that member has taken office. A member of the Board may be removed by the Secretary for misconduct or failure to perform functions vested in the Board, and for no other reason. ``(B) Of the members of the Board who are first appointed under this paragraph, one each shall be appointed for terms ending five, ten, and 15 years, respectively, after the date of appointment, as designated by the Secretary at the time of appointment. ``(3) A member of the Board who is not otherwise an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay under the General Schedule of subchapter III of chapter 53 of title 5, for each day the member is engaged in the performance of duties vested in the Board, and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of title 5. ``(4)(A) The Secretary shall furnish the Board all papers, records, information, and other materials it requires in order to carry out its functions under this section. ``(B) The Director of the Office of Management and Budget shall furnish to the Board complete information on the economic assumptions (including assumptions as to inflation, unemployment, revenues and expenses, and energy costs) that inform or guide the President's overall budgetary presentation to Congress, including those assumptions that would be expected to particularly affect health care costs in the Department, or the cost of care to veterans. ``(5) Funds for the expenses of the Board for any fiscal year shall be provided from amounts available for that fiscal year for veterans health care programs. The Board shall include consideration of its own budget requirements in determinations under subsection (b).''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``320. Enhanced funding process for veterans health care.''. (b) Effective Date.--Sections 320 of title 38, United States Code, as added by subsection (a), shall take effect on January 1, 2004. (c) Repeal of Construction Authorization Requirement.--Effective October 1, 2004, subsections (a), (b), (c), and (d) of section 8104 of title 38, United States Code, are repealed. (d) Appointment of Initial Members of Board.--The initial appointment of the members of the Board established under subsection (f) of section 320 of title 38, United States Code, as added by subsection (a), shall be completed not later than 90 days after the date of the enactment of this Act. (e) Initial Funding for Board.--For fiscal year 2004, the Secretary of Veterans Affairs shall provide amounts needed for the operation of the Board established under subsection (f) of section 320 of title 38, United States Code, as added by subsection (a), in a total amount not to exceed $2,000,000, from amounts appropriated to the Department of Veterans Affairs for that fiscal year for Medical Care. SEC. 3. ACCESS TO CARE STANDARDS. (a) Required Standard for Access to Care.--Section 1703 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) The following are the standards for access to care for the Department: ``(A) For a veteran seeking primary care, the standard for access is 30 days, determined from the date on which the veteran contacts the Department seeking an appointment until the date on which a visit with a primary care provider is completed. ``(B) For a veteran seeking specialized care, the standard for access is 30 days, determined from the date on which the veteran is referred for specialty care by a primary care provider until the date on which a visit with an appropriate specialty primary care provider is completed. ``(2) The Secretary shall develop and disseminate an appropriate standard of waiting time, determined from the time at which the veteran's visit is scheduled until the veteran is seen by the provider. The Secretary shall periodically review performance of Department facilities compared to that standard. The Secretary shall annually report to the Committees on Veterans' Affairs of the Senate and House of Representatives an assessment of the Department's performance against that standard. ``(3) In a case in which the Secretary is unable to meet the standard for access to care, the Secretary shall use the authority of subsection (a) to furnish health care and services for that veteran in a non-Department facility.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than six months after the date of the enactment of this Act.
Veterans Health Care Full Funding Act - Requires each fiscal year budget submitted to Congress by the President to include requests for amounts for veterans health care programs. Requires amounts appropriated for such programs to be available for two consecutive fiscal years. Establishes the Veterans Health Care Funding Review Board within the Department of Veterans Affairs. Directs the Board, beginning with FY 2005, to determine the level of funding needed for such programs for that fiscal year and the next and to publish such determination in the Federal Register. Outlines veterans' health care needs factors to be considered by the Board in arriving at such determination. Repeals requirements for certain congressional notifications in connection with a funding request for a Department major medical facility project or lease. Provides a 30-day standard for access to medical care for veterans seeking primary or specialized care, as measured from: (1) the time the veteran contacts the Department seeking an appointment until the date a visit is completed (primary care); and (2) the date on which the veteran is referred to a specialist until the date a visit is completed (specialty care). Directs the Secretary of Veterans Affairs to develop a standard of waiting time during a visit and to periodically review the performance of Department facilities compared to that standard.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Family Enterprise Preservation Act of 1995''. SEC. 2. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS FOR FAMILY ENTERPRISES. (a) Estate Tax.--Section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) 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) Additional Credit For Family Enterprises.--The amount of the credit allowable under subsection (a) shall be increased by an amount equal to the value of any family enterprise property included in the decedent's gross estate under section 2040A(a), to the extent such value does not exceed $121,800.''. (b) Gift Tax.--Section 2505 of the Internal Revenue Code of 1986 (relating to unified credit against gift tax) 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) Additional Credit For Family Enterprises.--The amount of the credit allowable under subsection (a) for each calendar year shall be increased by an amount equal to-- ``(1) the value of gifts of family enterprise property (as defined in section 2040A(b)(1)), to the extent such value does not exceed $121,800, reduced by ``(2) the sum of the amounts allowable as a credit to the individual under this subsection for all preceding calendar periods.''. (c) Effective Dates.-- (1) Estate tax credit.--The amendments made by subsection (a) shall apply to the estates of decedents dying after December 31, 1995. (2) Gift tax credit.--The amendments made by subsection (b) shall apply to gifts made after December 31, 1995. SEC. 3. INCREASE IN ANNUAL GIFT TAX EXCLUSION. (a) In General.--Section 2503 of the Internal Revenue Code of 1986 (relating to taxable gifts) is amended by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following new subsection: ``(c) Additional Exclusions From Gifts.--The amount of the exclusion allowable under subsection (b) during a calendar year shall be increased by an amount equal to the value of gifts of family enterprise property (as defined in section 2040A(b)(1)) made during such year, to the extent such value does not exceed $10,000.''. (b) Effective date.--The amendments made by this section shall apply to gifts made after December 31, 1995. SEC. 4. FAMILY ENTERPRISE PROPERTY. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2040 the following new section: ``SEC. 2040A. FAMILY ENTERPRISE PROPERTY. ``(a) General Rule.--The value included in the decedent's gross estate with respect to family enterprise property by reason of this section shall be-- ``(1) the value of such property, reduced by ``(2) the lesser of-- ``(A) 50 percent of the value of such property, or ``(B) $1,000,000. ``(b) Family Enterprise Property.-- ``(1) In general.--For purposes of this section, the term ``family enterprise property'' means any interest in real or personal property which is devoted to use as a farm or used for farming purposes (within the meaning of paragraphs (4) and (5) of section 2032A(e)) or is used in any other trade or business, if at least 80 percent of the ownership interest in such farm or other trade or business is held-- ``(A) by 5 or fewer individuals, or ``(B) by individuals who are members of the same family (within the meaning of section 2032A(e)(2)). ``(2) Limited partnership interests excluded.--An interest in a limited partnership (other than a limited partnership composed solely of individuals described in paragraph (1)(B)) shall in no event be treated as family enterprise property. ``(c) Tax Treatment of Dispositions and Failure To Use for Qualifying Use.-- ``(1) Imposition of additional estate tax.--With respect to family enterprise property inherited from the decedent, if within 10 years after the decedent's death and before the death of any individual described in subsection (b)(1)-- ``(A) such individual disposes of any interest in such property (other than by a disposition to a member of the individual's family), or ``(B) such individual or a member of the individual's family ceases to participate in the active management of such property, then there is hereby imposed an additional estate tax. ``(2) Amount of additional tax.--The amount of the additional tax imposed by paragraph (1) with respect to any interest in family enterprise property shall be the amount equal to the excess of the estate tax liability attributable to such interest (determined without regard to subsection (a)) over the estate tax liability, reduced by 5 percent for each year following the date of the decedent's death in which the individual described in subsection (b)(1) or a member of the individual's family participated in the active management of such family enterprise property. ``(3) Active management.--For purposes of this subsection, the term ``active management'' means the making of the management decisions of a business other than the daily operating decisions. ``(d) Additional Rules.--For purposes of this section, rules similar to the rules under paragraphs (3), (4), and (5) of section 2032A(c), paragraphs (7), (8), (9), (10), (11), and (12) of section 2032(e), and subsections (f), (g), (h), and (i) of section 2032A shall apply.''. (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 2040 the following new item: ``Sec. 2040A. Family enterprise property.''. (c) Effective date.--The amendments made by this section shall apply to the estates of decedents dying after December 31, 1995. SEC. 5. VALUATION OF CERTAIN FARM, ETC., REAL PROPERTY. (a) In General.--Section 2032A(a)(2) of the Internal Revenue Code of 1986 (relating to limitation on aggregate reduction in fair market value) is amended by striking ``$750,000'' and inserting ``$1,000,000''. (b) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying after December 31, 1995.
National Family Enterprise Preservation Act of 1995 - Amends the Internal Revenue Code to increase the unified estate and gift tax credit by creating: (1) an additional estate tax credit measured by the value of inherited family enterprise property (up to $121,800); (2) an additional gift tax credit equal to the value of gifts of family enterprise property (up to $121,800) minus the sum value of such tax credits for preceding calendar periods; and (3) an additional gift tax exclusion equal to the value of gifts of family enterprise property (up to $10,000). Includes in a decedent's estate the value of family enterprise property, reduced by 50 percent or by $1 million, whichever is less. Defines family enterprise property as an interest in real or personal property used for farming, business, or any other trade that is at least 80 percent owned by either: (1) five or fewer individuals who have not formed a limited partnership; or (2) members of the same family. Imposes an additional estate tax on a taxpayer who: (1) inherits family enterprise property; (2) qualifies for an estate tax credit; and (3) disposes of that property within ten years of the decedent's death, and before the death of another individual with an interest in the property. Defines the additional estate tax as past estate tax liability attributable to the taxpayer for interest in the family enterprise property (for which he received an estate tax credit) reduced by five percent for every year after the decedent's death that the taxpayer participated in the management of the family enterprise property. Increases from $750,000 to $1 million the amount of aggregate reduction permitted in the fair market value of certain farm, etc. real property taken into account for determining the gross estate.
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SECTION 1. PROCEDURES. (a) In General.--Chapter 4 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 414. Provisions relating to certain improperly arrested individuals ``(a) Not later than 90 days after the date of the enactment of this section, the Judicial Officer shall by regulation establish procedures under which any individual described in subsection (b)(1)(A) may seek reemployment under this section. ``(b) The regulations shall include provisions under which-- ``(1) a petition for reemployment may be brought-- ``(A) by any individual involuntarily separated from a position in the Postal Service as a result of having been arrested by the Postal Inspection Service-- ``(i) after December 31, 1983; ``(ii) pursuant to any investigation in which one or more paid confidential informants were used; ``(iii) for violating any law of the United States, or of any State, prohibiting the use, sale, or possession of a controlled substance; but only if such individual-- ``(I) is not convicted, pursuant to such arrest, of a violation of any law described in clause (iii); and ``(II) has not been reemployed by the Postal Service; and ``(B) after all administrative procedures otherwise available to petitioner for seeking reemployment have been exhausted, but not later than 2 years after the date as of which-- ``(i) the exhaustion requirement is met; or ``(ii) if later, any such petition may first be filed under this section; ``(2) a petition for reemployment under this section shall be considered by a panel of 3 administrative law judges who shall be-- ``(A) qualified by virtue of their background, objectivity, and experience; and ``(B) individuals detailed to the Postal Service, for purposes of this section, on a reimbursable basis; ``(3) the provisions of sections 556 and 557 of title 5 shall apply to any proceeding conducted by a panel under this section; ``(4) a panel may require the Postal Service to reemploy the petitioner if, in the panel's judgment, the petitioner was improperly arrested due to the actions of the Inspection Service or its paid confidential informants; ``(5)(A) paragraph (4) shall not be considered satisfied unless-- ``(i) the position in which the petitioner is reemployed is reasonably similar to the position from which the petitioner was separated; and ``(ii) the rate of pay for the position in which petitioner is reemployed is not less than the rate which would have been payable to petitioner, as of the date of reemployment, had the petitioner remained continuously employed in the position from which separated; and ``(B) the provisions of section 5596(b) (1) and (2) of title 5 shall (for purposes of this section) apply with respect to any separation referred to in paragraph (1)(A) of this subsection, except that the total amount of back pay (including interest) which may be awarded under such provisions by any panel (described in paragraph (2)) may not, in connection with any particular separation, exceed $100,000; ``(6) the Postal Service shall be required to contribute to the Civil Service Retirement and Disability Fund for the benefit of petitioner an amount equal to that required (under regulations which the Office of Personnel Management shall prescribe) in order that, with respect to the period beginning on the date of involuntary separation and ending on the date of reemployment, petitioner shall, for retirement purposes, be treated as if such separation had not occurred; and ``(7) any payments required under this section shall be payable out of the Postal Service Fund. ``(c) A determination under this section shall not be subject to any administrative or judicial review. ``(d) For purposes of this section-- ``(1) the term `Judicial Officer' means the Judicial Officer appointed under section 204; ``(2) the term `controlled substance' has the meaning given such term by section 102(6) of the Controlled Drug Abuse Prevention and Control Act of 1970; ``(3) the term `administrative law judge' means an administrative law judge appointed under section 3105 of title 5; and ``(4) a confidential informant shall be considered to be `paid' if such informant receives, or is to receive, a monetary or nonmonetary benefit (including any forbearance from a civil or criminal action) for the services involved.''. (b) Chapter Analysis.--The analysis for chapter 4 of title 39, United States Code, is amended by adding at the end the following: ``414. Provisions relating to certain improperly arrested individuals.''. Passed the House of Representatives October 5, 1994. Attest: DONNALD K. ANDERSON, Clerk.
Requires the Judicial Officer of the Postal Service to establish procedures under which specified individuals involuntarily separated from the Postal Service may seek reemployment. Lists such individuals as persons separated as a result of having been arrested by the Postal Inspection Service: (1) after December 31, 1983; (2) pursuant to any investigation in which paid confidential informants were used; and (3) for violating any law prohibiting the use, sale, or possession of controlled substances. Authorizes an individual to petition for reemployment only if the individual was not convicted of the violation and has exhausted all administrative procedures for seeking reemployment within a specified time frame. Requires petitions to be considered by a panel of administrative law judges. Authorizes a panel to require the Postal Service to reemploy the petitioner if the petitioner was improperly arrested due to the actions of the Inspection Service or its informants. Requires the position in which the petitioner is reemployed to be reasonably similar to the position from which the petitioner was separated and the pay to be equivalent. Provides for back pay and retroactive contributions to the Civil Service Retirement and Disability Fund for reemployed individuals.
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SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Medicare Physician Ownership Referral Reform Act of 1995''. (b) Amendments to Social Security Act.--Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 2. REPEAL OF PROHIBITIONS BASED ON COMPENSATION ARRANGEMENTS. (a) In General.--Section 1877(a)(2) (42 U.S.C. 1395nn(a)(2)) is amended by striking ``is--'' and all that follows through ``equity,'' and inserting the following: ``is (except as provided in subsection (c)) an ownership or investment interest in the entity through equity,''. (b) Conforming Amendments.--Section 1877 (42 U.S.C. 1395nn) is amended as follows: (1) In subsection (b)-- (A) in the heading, by striking ``to Both Ownership and Compensation Arrangement Provisions'' and inserting ``Where Financial Relationship Exists''; and (B) by redesignating paragraph (4) as paragraph (7). (2) In subsection (c)-- (A) by amending the heading to read as follows: ``Exception for Ownership or Investment Interest in Publicly Traded Securities and Mutual Funds''; and (B) in the matter preceding paragraph (1), by striking ``subsection (a)(2)(A)'' and inserting ``subsection (a)(2)''. (3) In subsection (d)-- (A) by striking the matter preceding paragraph (1); (B) in paragraph (3), by striking ``paragraph (1)'' and inserting ``paragraph (4)''; and (C) by redesignating paragraphs (1), (2), and (3) as paragraphs (4), (5), and (6), and by transferring and inserting such paragraphs after paragraph (3) of subsection (b). (4) By striking subsection (e). (5) In subsection (f)(2), as amended by section 152(a) of the Social Security Act Amendments of 1994-- (A) in the matter preceding paragraph (1), by striking ``ownership, investment, and compensation'' and inserting ``ownership and investment''; (B) in paragraph (2), by striking ``subsection (a)(2)(A)'' and all that follows through ``subsection (a)(2)(B)),'' and inserting ``subsection (a)(2),''; and (C) in paragraph (2), by striking ``or who have such a compensation relationship with the entity''. (6) In subsection (h)-- (A) by striking paragraphs (1), (2), and (3); (B) in paragraph (4)(A), by striking clause (iv); and (C) in paragraph (4)(B), by striking ``rules.--'' and all that follows through ``(ii) Faculty'' and inserting ``rules for faculty. SEC. 3. REVISION OF DESIGNATED HEALTH SERVICES SUBJECT TO PROHIBITION. (a) In General.--Section 1877(h)(6) (42 U.S.C. 1395nn(h)(6)) is amended by striking subparagraphs (B) through (K) and inserting the following: ``(B) Items and services furnished by a community pharmacy (as defined in paragraph (1)). ``(C) Magnetic resonance imaging and computerized tomography services. ``(D) Outpatient physical therapy services.''. (b) Community Pharmacy Defined.--Section 1877(h) (42 U.S.C. 1395nn(h)), as amended by section 2(b)(6), is amended by inserting before paragraph (4) the following new paragraph: ``(1) Community pharmacy.--The term `community pharmacy' means any entity licensed or certified to dispense outpatient prescription drugs by the State in which the entity is located (including an entity which dispenses such drugs by mail order), but does not include such an entity which is owned and operated by-- ``(A) a hospital; ``(B) an ambulatory surgical center described in section 1832(a)(2)(F)(i); or ``(C) a prepaid plan described in subsection (b)(3).''. (c) Conforming Amendments.--Section 1877(b)(2) (42 U.S.C. 1395nn(b)(2)) is amended in the matter preceding subparagraph (A) by striking ``services'' and all that follows through ``supplies)--'' and inserting ``services--''. SEC. 4. DELAY IN IMPLEMENTATION UNTIL PROMULGATION OF REGULATIONS. (a) In General.--Section 13562(b) of OBRA-1993 (42 U.S.C. 1395nn note) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Promulgation of regulations.--Notwithstanding paragraphs (1) and (2), the amendments made by this section shall not apply to any referrals made before the effective date of final regulations promulgated by the Secretary of Health and Human Services to carry out such amendments.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of OBRA-1993. SEC. 5. EXCEPTIONS TO PROHIBITION. (a) Revisions to Exception for In-office Ancillary Services.-- (1) Repeal of site-of-service requirement.--Section 1877(b)(2)(A) (42 U.S.C. 1395nn(b)(2)(A)) is amended to read as follows: ``(A) that are furnished personally by the referring physician, personally by a physician who is a member of the same group practice as the referring physician, or personally by individuals who are under the general supervision of the physician or of another physician in the group practice, and''. (2) Clarification of treatment of physician owners of group practice.--Section 1877(b)(2)(B) (42 U.S.C. 1395nn(b)(2)(B)) is amended by striking ``physician or group practice'' and inserting ``physician, such group practice, or the physician owners of such group practice''. (3) Conforming amendment.--Section 1877(b)(2) (42 U.S.C. 1395nn(b)(2)) is amended by amending the heading to read as follows: ``Ancillary services furnished personally or through group practice.--''. (b) Clarification of Exception for Services Furnished in a Rural Area.--Paragraph (5) of section 1877(b) (42 U.S.C. 1395nn(b)), as transferred by section 2(b)(3)(C), is amended by striking ``substantially all'' and inserting ``not less than 75 percent''. (c) Revision of Exception for Prepaid Plans.-- (1) Expansion of exception for certain managed care arrangements.--Section 1877(b)(3) (42 U.S.C. 1395nn(b)(3)) is amended-- (A) in the matter preceding subparagraph (A), by striking ``organization--'' and inserting ``organization, directly or through contractual arrangements with other entities, to individuals enrolled with the organization--''; (B) by striking ``or'' at the end of subparagraph (C); (C) by striking the period at the end of subparagraph (D) and inserting a comma; and (D) by adding at the end the following new subparagraphs: ``(E) with a contract with a State to provide services under the State plan under title XIX (in accordance with section 1903(m)); or ``(F) which meets State regulatory requirements applicable to health maintenance organizations and which-- ``(i) provides designated health services directly or through contractual arrangements with providers; ``(ii) assumes financial risk for the provision of services or provides services on behalf of another individual or entity (including but not limited to a self-insured employer, indemnity plan, physician, or physician group) that assumes financial risk for the provision of the item or service; and ``(iii) subjects the services to a program of utilization review offered by an organization described in a preceding subparagraph, an organization meeting State regulatory requirements applicable to utilization review, or an organization accredited to perform utilization review considered appropriate by the Secretary.''. (2) New exception for other capitated payments.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), is amended-- (A) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8); and (B) by inserting after paragraph (3) the following new paragraph: ``(4) Other capitated payments.--In the case of a designated health service which is included in the services for which a physician or physician group (including a preferred provider organization) is paid only on a capitated basis by a health plan or insurer pursuant to a written arrangement between the plan or insurer and the physician or physician group in which the physician or physician group assumes financial risk for the furnishing of the service.''. (d) New Exception for Shared Facility Services.-- (1) In general.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C) and by subsection (c)(2), is amended-- (A) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9); and (B) by inserting after paragraph (4) the following new paragraph: ``(5) Shared facility services.--In the case of a designated health service consisting of a shared facility service of a shared facility-- ``(A) that is furnished-- ``(i) personally by the referring physician who is a shared facility physician or personally by an individual directly employed or under the general supervision of such a physician, ``(ii) by a shared facility in a building in which the referring physician furnishes substantially all of the services of the physician that are unrelated to the furnishing of shared facility services, and ``(iii) to a patient of a shared facility physician; and ``(B) that is billed by the referring physician or a group practice of which the physician is a member.''. (2) Definitions.--Section 1877(h) (42 U.S.C. 1395nn(h)), as amended by section 2(b)(6) and section 3(b), is amended by inserting after paragraph (1) the following new paragraph: ``(2) Shared facility related definitions.-- ``(A) Shared facility service.--The term `shared facility service' means, with respect to a shared facility, a designated health service furnished by the facility to patients of shared facility physicians. ``(B) Shared facility.--The term `shared facility' means an entity that furnishes shared facility services under a shared facility arrangement. ``(C) Shared facility physician.--The term `shared facility physician' means, with respect to a shared facility, a physician (or a group practice of which the physician is a member) who has a financial relationship under a shared facility arrangement with the facility. ``(D) Shared facility arrangement.--The term `shared facility arrangement' means, with respect to the provision of shared facility services in a building, a financial arrangement-- ``(i) which is only between physicians who are providing services (unrelated to shared facility services) in the same building, ``(ii) in which the overhead expenses of the facility are shared, in accordance with methods previously determined by the physicians in the arrangement, among the physicians in the arrangement, and ``(iii) which, in the case of a corporation, is wholly owned and controlled by shared facility physicians.''. (e) New Exception for Services Furnished in Communities With No Alternative Providers.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), and subsection (d)(1), is amended-- (1) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10); and (2) by inserting after paragraph (5) the following new paragraph: ``(6) No alternative providers in area.--In the case of a designated health service furnished in any area with respect to which the Secretary determines that individuals residing in the area do not have reasonable access to such a designated health service for which subsection (a)(1) does not apply.''. (f) New Exception for Services Furnished in Ambulatory Surgical Centers.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), subsection (d)(1), and subsection (e)(1), is amended-- (1) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11); and (2) by inserting after paragraph (6) the following new paragraph: ``(7) Services furnished in ambulatory surgical centers.-- In the case of a designated health service furnished in an ambulatory surgical center described in section 1832(a)(2)(F)(i).''. (g) New Exception for Services Furnished in Renal Dialysis Facilities.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), subsection (d)(1), subsection (e)(1), and subsection (f), is amended-- (1) by redesignating paragraphs (8) through (11) as paragraphs (9) through (12); and (2) by inserting after paragraph (7) the following new paragraph: ``(8) Services furnished in renal dialysis facilities.--In the case of a designated health service furnished in a renal dialysis facility under section 1881.''. (h) New Exception for Services Furnished in a Hospice.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), subsection (d)(1), subsection (e)(1), subsection (f), and subsection (g), is amended-- (1) by redesignating paragraphs (9) through (12) as paragraphs (10) through (13); and (2) by inserting after paragraph (8) the following new paragraph: ``(9) Services furnished by a hospice program.--In the case of a designated health service furnished by a hospice program under section 1861(dd)(2).''. (i) New Exception for Services Furnished in a Comprehensive Outpatient Rehabilitation Facility.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), subsection (d)(1), subsection (e)(1), subsection (f), subsection (g), and subsection (h), is amended-- (1) by redesignating paragraphs (10) through (13) as paragraphs (11) through (14); and (2) by inserting after paragraph (9) the following new paragraph: ``(10) Services furnished in a comprehensive outpatient rehabilitation facility.--In the case of a designated health service furnished in a comprehensive outpatient rehabilitation facility under section 1861(cc)(2).''. SEC. 6. REPEAL OF REPORTING REQUIREMENTS. Section 1877 (42 U.S.C. 1395nn) is amended-- (1) by striking subsection (f); and (2) by striking subsection (g)(5). SEC. 7. PREEMPTION OF STATE LAW. Section 1877 (42 U.S.C. 1395nn) is amended by adding at the end the following new subsection: ``(i) Preemption of State Law.--This section preempts State law to the extent State law is inconsistent with this section.''. SEC. 8. EFFECTIVE DATE. Except as provided in section 4(b), the amendments made by this Act shall apply to referrals made on or after August 15, 1995, without regard to whether or not regulations to carry out the amendments have been promulgated by such date. HR 2390 IH--2
Medicare Physician Ownership Referral Reform Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to: (1) repeal the prohibition of physician referrals to certain entities with which the referring physician has a financial relationship if such relationship is based on compensation arrangements only; (2) eliminate reporting requirements under such provisions; (3) provide that such provisions preempt State law to the extent it is inconsistent; and (4) limit the designated health services subject to such prohibition to items and services furnished by a community pharmacy, magnetic resonance imaging and computerized tomography services, and outpatient physical therapy services. Revises exceptions to such prohibition against physician referrals to an entity in which the referring physician has an ownership or investment relationship to: (1) repeal the site-of-service requirement for excepted in-office ancillary services; (2) revise the exceptions for services furnished in a rural area and for pre-paid plans; and (3) add new exceptions for shared facility services, services furnished in communities with no alternative providers, in ambulatory surgical centers, in renal dialysis facilities, in a hospice, or in a comprehensive outpatient rehabilitation facility, and designated health services for which a physician or physician group is paid only on a capitated basis by a health plan or insurer. Amends the Omnibus Budget Reconciliation Act of 1993 to make its amendments to such physician referral limitations inapplicable until the Secretary of Health and Human Services promulgates final implementing regulations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Plymouth 400th Commemoration Commission Act of 2016''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the voyage of the Mayflower and the founding of the colony at Plymouth, Massachusetts, in 1620, the first permanent and sustaining English colony in the New World, and the treaty of mutual protection between the Wampanoag indigenous tribe and the English colonists, has major significance in the history of the United States; (2) the colonists that traveled with their families were the first true immigrants to the New World, relocating their families in search of the right to self-governance and religious freedom; (3) Plymouth Colony brought people together to form a multicultural society, including English and other European settlers and indigenous tribes; (4) the economic, political, religious, and social institutions that developed during the early years of Plymouth Colony, including the signing of the Mayflower Compact and the treaty that ensured 50 years of peaceful relations between the indigenous Wampanoags and the English colonists at Plymouth, continue to have profound effects on the United States, influencing the content of the United States Constitution, English common law and language, cross-cultural relationships, and economic structure and status; and (5) in 2016, the Commonwealth of Massachusetts designated Plymouth 400, Incorporated, as the official agency responsible for planning and implementing the commemoration of the 400th anniversary of the Mayflower voyage and the founding of Plymouth Colony. (b) Purpose.--The purpose of this Act is to establish the Plymouth 400th Commemoration Commission-- (1) to ensure suitable national and international observances of the 400th anniversary of the Plymouth Colony during calendar year 2020 (referred to in this subsection as the ``Plymouth 2020 observances'') by complementing the programs and activities of the Commonwealth of Massachusetts; (2) to cooperate with and assist the programs and activities of the State in the Plymouth 2020 observances; (3) to assist in ensuring that the Plymouth 2020 observances provide an excellent visitor experience and beneficial interaction among-- (A) visitors; and (B) the natural and cultural resources of-- (i) the town of Plymouth, Massachusetts; and (ii) all other municipalities that make up the original colony; (4) to assist in ensuring that the Plymouth 2020 observances-- (A) are inclusive; and (B) appropriately recognize the experiences of all people present in 17th-Century Plymouth Colony; (5) to provide assistance in the development of Plymouth- related programs and activities; (6) to facilitate international involvement in the Plymouth 2020 observances; (7) to support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the Plymouth 2020 observances; and (8) to assist in the appropriate development of heritage tourism and economic benefits to the United States. SEC. 3. DEFINITIONS. In this Act: (1) Commemoration.--The term ``commemoration'' means the commemoration of the 400th anniversary of-- (A) the voyage of the Mayflower; and (B) the founding of Plymouth Colony. (2) Commission.--The term ``Commission'' means the Plymouth 400th Commemoration Commission established by section 4(a). (3) Governor.--The term ``Governor'' means the Governor of Massachusetts. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the Commonwealth of Massachusetts (including the governmental agencies and entities of the Commonwealth). SEC. 4. PLYMOUTH 400TH COMMEMORATION COMMISSION. (a) Establishment.--There is established a commission, to be known as the ``Plymouth 400th Commemoration Commission''. (b) Membership.-- (1) In general.--The Commission shall be composed of 15 members, of whom-- (A) 1 shall be the Director of the Brand USA (or a designee); (B) 1 shall be appointed by the Secretary from among employees of the National Park Service; (C) 4 shall be appointed by the Secretary, taking into consideration recommendations of the executive committee of Plymouth 400, Incorporated; (D) 4 shall be appointed by the Secretary, taking into consideration recommendations of the Governor; and (E) 5 shall be appointed by the Secretary from among individuals that have an interest in, support for, and expertise relating to, the commemoration. (2) Term; vacancies.-- (A) Term.--A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.-- (i) In general.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (ii) Partial term.--A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed. (3) Meetings.-- (A) In general.--The Commission shall meet-- (i) not less frequently than twice each year; or (ii) at the call of-- (I) the chairperson of the Commission; or (II) the majority of the members of the Commission. (B) Initial meeting.--Not later than 30 days after the date on which all initial members of the Commission have been appointed under paragraph (1), the Commission shall hold the initial meeting of the Commission. (4) Voting.-- (A) In general.--The Commission shall act only on an affirmative vote of a majority of the members of the Commission. (B) Quorum.--A majority of the members of the Commission shall constitute a quorum. (5) Chairperson.--The Secretary shall appoint 1 member of the Commission to serve as chairperson of the Commission, taking into consideration any recommendations of the Governor. (c) Duties of Commission.-- (1) In general.--The Commission shall-- (A) assist in the planning, development, and implementation of programs and activities appropriate to the commemoration; (B) generally facilitate commemoration activities throughout the United States; (C) encourage civic, military, historical, educational, religious, economic, and other organizations throughout the United States to organize and participate in commemoration activities to expand the understanding and appreciation of the significance of the founding and early history of Plymouth Colony; (D) coordinate and facilitate for the public scholarly research and publications regarding, and interpretation of, the cultures present in 17th-Century Plymouth Colony, including the English colonists and the indigenous Wampanoag tribes; and (E) ensure that the 400th anniversary of Plymouth provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities. (2) Plans; reports.-- (A) In general.--The Commission shall prepare, with respect to each activity carried out by the Commission under this section-- (i) a strategic plan in accordance with section 306 of title 5, United States Code; and (ii) an annual performance plan in accordance with section 1115 of title 31, United States Code. (B) Final report.--Not later than December 31, 2021, the Commission shall submit to Congress a final report that includes-- (i) a summary of the activities of the Commission; (ii) a final accounting of funds received and expended by the Commission; and (iii) any findings or recommendations of the Commission. (d) Powers of Commission.--The Commission may-- (1) accept donations and make dispersions of money, personal services, and real and personal property relating to-- (A) Plymouth Colony; and (B) the significance of Plymouth Colony in the history of the United States; (2) appoint such advisory committees as the Commission determines to be necessary to carry out this section; (3) authorize any member or employee of the Commission to take any action that the Commission is authorized to take pursuant to this section; (4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this section (except that any contracts, leases, or other legal agreements made or entered into by the Commission shall not extend beyond the date of termination of the Commission); (5) use the United States mails in the same manner and under the same conditions as other Federal agencies; (6) subject to approval by the Commission, make grants in amounts not to exceed $10,000 to communities and nonprofit organizations to develop programs to assist in the commemoration; (7) make grants to research and scholarly organizations to research, publish, or distribute information relating to Plymouth Colony; and (8) provide technical assistance to States, localities, and nonprofit organizations to advance the purposes of the commemoration. (e) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Except as provided in subparagraph (B), a member of the Commission shall serve without compensation. (B) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (C) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (2) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (B) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Detail of government employees.-- (A) Federal employees.-- (i) In general.--On the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this section. (ii) Civil service status.--The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege. (B) State employees.--The Commission may-- (i) accept the services of personnel detailed from the State (including subdivisions of the State); and (ii) reimburse the State for services of detailed personnel. (5) Volunteer and uncompensated services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (6) Support services.--The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (f) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (g) Nonapplicability of FACA.--Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (h) No Effect on Authority.--Nothing in this section supersedes the authority of the State, the National Park Service, or the Association for the Preservation of Virginia Antiquities with respect to the commemoration. (i) Termination.--The Commission shall terminate on December 31, 2021.
Plymouth 400th Commemoration Commission Act of 2016 This bill establishes the Plymouth 400th Commemoration Commission to: assist in the planning, development, and implementation of programs and activities to commemorate the 400th anniversary of the voyage of Mayflower and the founding of Plymouth Colony, Massachusetts; facilitate such activities throughout the United States; encourage civic, military, historical, educational, religious, economic, and other organizations to organize and participate in commemoration activities to expand the understanding and appreciation of the significance of the founding and early history of Plymouth Colony; coordinate and facilitate for the public scholarly research and publications regarding, and interpretation of, the cultures present in 17th Century Plymouth Colony, including the English colonists and the indigenous Wampanoag tribes; and ensure that the 400th anniversary of Plymouth provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities. The commission shall: (1) prepare a strategic plan and an annual performance plan; and (2) submit a final report by December 31, 2021, that includes a summary of its activities, a final accounting of its funds, and its findings or recommendations. The commission shall terminate on December 31, 2021.
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SECTION 1. FINDINGS. (a) The Congress makes the following findings: (1) The free exchange of ideas and information through modern, reliable telecommunications equipment fosters the development of democratic institutions, the promotion of free market economic reforms, and the facilitation of international commerce. (2) Exports of advanced telecommunications equipment and technology contribute to United States economic competitiveness and high-skill, high-wage jobs in the United States. (3) Export restrictions on telecommunications equipment and technology are outdated, controlling the export of equipment and technology that is more than 10 years old and has over 15 times less capacity than similar equipment and technology in use today in the United States. (4) Foreign availability of telecommunications equipment and technology exists both from countries that do not belong to or cooperate with the Coordinating Committee for Multilateral Export Controls, and from within countries to which exports of such equipment and technology are controlled by agreement of the Coordinating Committee. SEC. 2. EXPORT CONTROLS ON TELECOMMUNICATIONS. (a) In General.--Section 5(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2404(c)) is amended by adding at the end the following: ``(8)(A) The Secretary shall, not later than 30 days after the date of the enactment of this paragraph, propose to the Coordinating Committee that exports of telecommunications equipment and telecommunications technology for civil end uses shall not require a validated license for export to any of the republics of the former Soviet Union, the People's Republic of China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, or Latvia. ``(B) For purposes of this paragraph-- ``(i) the term `telecommunications equipment' includes-- ``(I) telephone switching systems and stored program controlled communications switching systems, including related features and components that provide services and management of telecommunications networks; ``(II) telecommunications transmission equipment; ``(III) microwave, light wave, and other radio relay, transmitting, or test equipment, and related components and accessories; ``(IV) telecommunications cables and components, including optical fibers and optical fiber cables; ``(V) equipment containing frequency synthesizers when used in land-based mobile communications systems; ``(VI) equipment described in any of subclauses (I) through (V), or any other telecommunications equipment, that contains lasers; ``(VII) computer hardware and application specific software which are related to any of the items described in clauses (I) through (VI) and are required for data communications; and ``(VIII) all spare parts, components, and measuring or test equipment related to any of the items described in subclauses (I) through (VII); ``(ii) the term `telecommunications technology' means technology related to telecommunications equipment, including technology for the production, development, and use of telecommunications equipment; ``(iii) the term `telecommunications networks' includes local area, intracity, intercity, and international telecommunications networks; and ``(iv) the term `telecommunications' means voice, video, and data communications over any public or private network or broadcasting system, and services related to such communications.''. (b) Report.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to the Speaker of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report certifying that the proposal required by section 5(c)(8) of the Export Administration Act of 1979 (as added by subsection (a) of this section) has been made to the members of the Coordinating Committee and outlining the plans to gain the concurrence of the other members of the Committee in the proposal.
Directs the Secretary of Commerce to propose to the Coordinating Committee for Multilateral Export Controls that exports of telecommunications technology for civil end uses shall not require a validated license for export to any of the republics of the former Soviet Union, China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, or Latvia. Requires the President to submit to specified congressional committees a report that certifies that such proposal was made and that outlines plans to gain the concurrence of other Coordinating Committee members in the proposal.
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SECTION 1. FINDINGS. Congress makes the following findings: (1) The unpaid volunteer members of the Civil Air Patrol (hereafter in this Act referred to as the ``CAP'') during World War II provided extraordinary humanitarian, combat and national services during a critical time of need for the Nation. (2) During the war, CAP members used their own aircraft to perform a myriad of essential tasks for the military and the Nation within the United States including attacks on enemy submarines off the Atlantic and Gulf of Mexico coasts of the United States. (3) This extraordinary national service set the stage for the post-war CAP to become a valuable nonprofit, public service organization chartered by Congress and designated the Auxiliary of the United States Air Force that provides essential emergency, operational, and public services to communities, States, the Federal Government, and the military. (4) The CAP was established, initially as a part of the Office of Civil Defense, by air-minded citizens one week before the surprise attack on Pearl Harbor, Hawaii, on December 1, 1941, out of the desire of civil airmen of the country to be mobilized with their equipment in the common defense of the Nation. (5) Within days of the start of the war, the German Navy started a massive submarine offensive, known as Operation Drumbeat, off the east coast of the United States against oil tankers and other critical shipping that threatened the overall war effort. (6) Neither the Navy nor the Army had enough aircraft, ships, or other resources to adequately patrol and protect the shipping along the Atlantic and Gulf of Mexico coasts of the United States, and many ships were torpedoed and sunk, often within sight of civilians on shore, including 52 tankers sunk between January and March 1942. (7) At that time General George Marshall remarked that ``[t]he losses by submarines off our Atlantic seaboard and in the Caribbean now threaten our entire war effort''. (8) From the beginning CAP leaders urged the military to use its services to patrol coastal waters but met with great resistance because of the nonmilitary status of CAP civilian pilots. (9) Finally, in response to the ever-increasing submarine attacks, the Tanker Committee of the Petroleum Industry War Council urged the Navy Department and the War Department to consider the use of the CAP to help patrol the sea lanes off the coasts of the United States. (10) While the Navy initially rejected this suggestion, the Army decided it had merit, and the Civil Air Patrol Coastal Patrol began in March 1942. (11) Oil companies and other organizations provided funds to help pay for some CAP operations, including vitally needed shore radios that were used to monitor patrol missions. (12) By late March 1942, the Navy also began to use the services of the CAP. (13) Starting with three bases located in Delaware, Florida, and New Jersey, CAP aircrews (ranging in age from 18 to over 80) immediately started to spot enemy submarines as well as lifeboats, bodies, and wreckage. (14) Within 15 minutes of starting his patrol on the first Coastal Patrol flight, a pilot had sighted a torpedoed tanker and was coordinating rescue operations. (15) Eventually 21 bases, ranging from Bar Harbor, Maine, to Brownsville, Texas, were set up for the CAP to patrol the Atlantic and Gulf of Mexico coasts of the United States, with 40,000 volunteers eventually participating. (16) The CAP used a wide range of civilian-owned aircraft, mainly light-weight, single-engine aircraft--manufactured by Cessna, Beech, Waco, Fairchild, Stinson, Piper, Taylorcraft, and Sikorsky, among others--as well as some twin engine aircraft such as the Grumman Widgeon. (17) Most of these aircraft were painted in their civilian prewar colors (red, yellow, blue, etc.) and carried special markings (a blue circle with a white triangle) to identify them as CAP aircraft. (18) Patrols were conducted up to 100 miles off shore, generally with 2 aircraft flying together, in aircraft often equipped with only a compass for navigation and a single radio for communication. (19) Due to the critical nature of the situation, CAP operations were conducted in bad weather as well as good, often when the military was unable to fly, and in all seasons including the winter, when ditching an aircraft in cold water would likely mean certain death to the aircrew. (20) Personal emergency equipment was often lacking, particularly during early patrols where inner tubes and kapok duck hunter vests were carried as flotation devices since ocean worthy wet suits, life vests, and life rafts were unavailable. (21) The initial purpose of the Coastal Patrol was to spot submarines, report their position to the military, and force them to dive below the surface, which limited their operating speed and maneuverability and reduced their ability to detect and attack shipping because attacks against shipping were conducted while the submarines were surfaced. (22) It immediately became apparent that there were opportunities for CAP pilots to attack submarines, such as when a Florida CAP aircrew came across a surfaced submarine that quickly stranded itself on a sand bar. However, the aircrew could not get any assistance from armed military aircraft before the submarine freed itself. (23) Finally, after several instances when the military could not respond in a timely manner, a decision was made by the military to arm CAP aircraft with 50- and 100-pound bombs, and to arm some larger twin-engine aircraft with 325-pound depth charges. (24) The arming of CAP aircraft dramatically changed the mission for these civilian aircrews and resulted in more than 57 attacks on enemy submarines. (25) While CAP volunteers received $8 a day flight reimbursement for cost incurred, their patrols were accomplished at a great economic cost to many CAP members who-- (A) used their own aircraft and other equipment in defense of the Nation; (B) paid for much of their own aircraft maintenance and hangar use; and (C) often lived in the beginning in primitive conditions along the coast, including old barns and chicken coops converted for sleeping. (26) More importantly, the CAP Coastal Patrol service came at the high cost of 26 fatalities, 7 serious injuries, and 90 aircraft lost. (27) At the conclusion of the 18-month Coastal Patrol, the heroic CAP aircrews would be credited with the following: (A) 2 submarines possibly damaged or destroyed; (B) 57 submarines attacked; (C) 82 bombs dropped against submarines; (D) 173 radio reports of submarine positions (with a number of credited assists for kills made by military units); (E) 17 floating mines reported; (F) 36 dead bodies reported; (G) 91 vessels in distress reported; (H) 363 survivors in distress reported; (I) 836 irregularities noted; (J) 1,036 special investigations at sea or along the coast; (K) 5,684 convoy missions as aerial escorts for Navy ships; (L) 86,685 total missions flown; (M) 244,600 total flight hours logged; and (N) more than 24,000,000 total miles flown. (28) It is believed that at least one high-level German Navy Officer credited CAP as one reason that submarine attacks moved away from the United States when he concluded that ``[i]t was because of those damned little red and yellow planes!''. (29) CAP was dismissed from coastal missions with little thanks in August 1943 when the Navy took over the mission completely and ordered CAP to stand down. (30) While the Coastal Patrol was ongoing, CAP was also establishing itself as a vital wartime service to the military, States, and communities nationwide by performing a wide range of missions including among others-- (A) border patrol; (B) forest and fire patrols; (C) military courier flights for mail, repair and replacement parts, and urgent military deliveries; (D) emergency transportation of military personnel; (E) target towing (with live ammunition being fired at the targets and seven lives being lost) and searchlight tracking training missions; (F) missing aircraft and personnel searches; (G) air and ground search and rescue for missing aircraft and personnel; (H) radar and aircraft warning system training flights; (I) aerial inspections of camouflaged military and civilian facilities; (J) aerial inspections of city and town blackout conditions; (K) simulated bombing attacks on cities and facilities to test air defenses and early warning; (L) aerial searches for scrap metal materials; (M) river and lake patrols including aerial surveys for ice in the Great Lakes; (N) support of war bond drives; (O) management and guard duties at hundreds of airports; (P) support for State and local emergencies such as natural and manmade disasters; (Q) predator control; (R) rescue of livestock during floods and blizzards; (S) recruiting for the Army Air Force; (T) initial flight screening and orientation flights for potential military recruits; (U) mercy missions including the airlift of plasma to central blood banks; (V) nationwide emergency communications services; and (W) a cadet youth program which provided aviation and military training for tens of thousands. (31) The CAP flew more than 500,000 hours on these additional missions, including, for example-- (A) 20,500 missions involving target towing (with live ammunition) and gun/searchlight tracking which resulted in 7 deaths, 5 serious injuries, and the loss of 25 aircraft; (B) a courier service involving 3 major Air Force Commands over a 2-year period carrying more than 3,500,000 pounds of vital cargo and 543 passengers; (C) southern border patrol flying more than 30,000 hours and reporting 7,000 unusual sightings including a vehicle (that was apprehended) with 2 enemy agents attempting to enter the country; (D) a week in February 1945 during which CAP units rescued seven missing Army and Navy pilots; and (E) a State in which the CAP flew 790 hours on forest fire patrol missions and reported 576 fires to authorities during a single year. (32) On April 29, 1943, the CAP was transferred to the Army Air Forces, thus beginning its long association with the United States Air Force. (33) Hundreds of CAP-trained women pilots joined military women's units including the Women's Air Force Service Pilots (WASP) program. (34) Many members of the WASP program joined or rejoined the CAP during the post-war period because it provided women opportunities to fly and continue to serve the Nation that were severely lacking elsewhere. (35) Due to the exceptional emphasis on safety, unit and pilot training and discipline, and the organization of the CAP, by the end of the war a total of only 64 CAP members had died in service and only 150 aircraft had been lost (including its Coastal Patrol losses from early in the war). (36) It is estimated that up to 100,000 civilians (including youth in its cadet program) participated in CAP in wide range of staff and operational positions and that CAP aircrews flew a total of approximately 750,000 hours during the war, most of which was in their own personal aircraft and often at risk to their lives. (37) After the war, at a CAP dinner for Congress, a quorum of both Houses attended with the Speaker of the House of Representatives and the President thanking CAP for its service. (38) While air medals were issued for some of those participating in the Coastal Patrol, little other recognition was forthcoming for the myriad of services CAP volunteers provided during the war. (39) Despite some misguided efforts to end CAP at the end of the war, the organization had proved its capabilities to the Nation and strengthened its ties with the Air Force and Congress. (40) In 1946, Congress chartered the CAP as a nonprofit, public service organization and in 1948 made CAP the Auxiliary of the United States Air Force. (41) Today the CAP conducts many of the same missions it performed during World War II, including a vital role in homeland security. (42) CAP's wartime service was highly unusual and extraordinary due to the unpaid civilian status of its members, the use of privately-owned aircraft and personal funds by many of its members, the myriad of humanitarian and national missions flown for the Nation, and the fact that for 18 months, during a time of great need for the United States, CAP flew combat-related missions in support of military operations off the Atlantic and Gulf of Mexico coasts. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award.-- (1) Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design in honor of the World War II members of the Civil Air Patrol collectively, in recognition of the military service and exemplary record of the Civil Air Patrol during World War II. (2) Design and striking.--For the purposes of the award referred to in paragraph (1), the Secretary of the Treasury shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (3) Smithsonian institution.-- (A) In general.--Following the award of the gold medal referred to in paragraph (1) in honor of all of the World War II members of the Civil Air Patrol, the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (B) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under this paragraph available for display elsewhere, particularly at other locations associated with the Civil Air Patrol. (b) Duplicate Medals.--Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. (c) National Medals.--Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 3. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medals authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 2(b) shall be deposited in the United States Mint Public Enterprise Fund.
Directs the President pro tempore of the Senate and the Speaker of the House of Representatives to arrange for the award of a single Congressional Gold Medal to honor collectively the World War II members of the Civil Air Patrol (CAP) in recognition of their military service and exemplary record during World War II. Requires the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with the CAP. Permits the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medal, at a price sufficient to cover the costs of the medals.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Construction Fund Qualified Withdrawal Act of 2003''. SEC. 2. AMENDMENT OF THE MERCHANT MARINE ACT OF 1936 TO ENCOURAGE RETIREMENT OF CERTAIN FISHING VESSELS AND PERMITS. (a) In General.--Section 607(a) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(a)) is amended by adding at the end the following: ``Any agreement entered into under this section may be modified for the purpose of encouraging the sustainability of the fisheries of the United States by making the termination and withdrawal of a capital construction fund a qualified withdrawal if done in exchange for the retirement of the related commercial fishing vessels and related commercial fishing permits.''. (b) New Qualified Withdrawals.-- (1) In general.--Section 607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)) is amended-- (A) by striking ``for:'' and inserting ``for--''; (B) by striking ``vessel'' in subparagraph (A) and inserting ``vessel;''; (C) by striking ``vessel, or'' in subparagraph (B) and inserting ``vessel;''; (D) by striking ``vessel.'' in subparagraph (C) and inserting ``vessel;''; and (E) by inserting after subparagraph (C) the following: ``(D) the payment of an industry fee authorized by the fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)); ``(E) in the case of any such person or shareholder for whose benefit such fund was established with respect to any vessel operated in the fisheries of the United States, or any shareholder of such person, a rollover contribution (within the meaning of section 408(d)(3) of the Internal Revenue Code of 1986) to such person's or shareholder's individual retirement plan (as defined in section 7701(a)(37) of such Code); ``(F) the payment of the net proceeds deposited into the fund from a sale described in subsection (b)(1)(C)(ii) to a person retiring related commercial fishing vessels and permits; ``(G) the acquisition of a vessel monitoring system as a safety improvement for a fishing vessel; or ``(H) the acquisition or construction of fishing gear designed to minimize or avoid by-catch as required under section 301(a)(9) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)(9)).''. (2) Reduction program sale proceeds allowed in determining deposit ceiling.--Section 607(b)(1)(C) of such Act (46 U.S.C. App. 1177(b)(1)(C)) is amended by striking ``or (ii)'' and inserting ``(ii) the sale of any agreement vessel or fishing permit retired through the fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)), or (iii)''. (3) Certain qualified withdrawals treated as withdrawn from the capital account.--Section 607(e)(2)(B) of such Act (46 U.S.C. App. 1177(e)(2)(B)) is amended by adding at the end ``unless such portion represents gain from a sale described in subsection (b)(1)(C)(ii) and is withdrawn for any purpose provided under subparagraph (D), (E), or (F) of subsection (f)(1),''. (4) Secretary to ensure retirement of vessels and permits.--The Secretary of Commerce by regulation shall establish procedures to ensure that any person making a qualified withdrawal authorized by section 607(f)(1)(F) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)(F)) retires the related commercial use of fishing vessels and commercial fishery permits. (c) Conforming Amendments.-- (1) In general.--Section 7518(e)(1) of the Internal Revenue Code of 1986 (relating to purposes of qualified withdrawals) is amended-- (A) by striking ``for:'' and inserting ``for--''; (B) by striking ``vessel, or'' in subparagraph (B) and inserting ``vessel;''; (C) by striking ``vessel.'' in subparagraph (C) and inserting ``vessel;''; (D) by inserting after subparagraph (C) the following: ``(D) the payment of an industry fee authorized by the fishing capacity reduction program under section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a); ``(E) in the case of any person or shareholder for whose benefit such fund was established with respect to any vessel operated in the fisheries of the United States, or any shareholder of such person, a rollover contribution (within the meaning of section 408(d)(3)) to such person's or shareholder's individual retirement plan (as defined in section 7701(a)(37)); ``(F) the payment of the net proceeds deposited into the fund from a sale described in subsection (a)(1)(C)(ii) to a person retiring related commercial fishing vessels and permits; ``(G) the acquisition of a vessel monitoring system as a safety improvement for a fishing vessel; or ``(H) the acquisition or construction of fishing gear designed to minimize or avoid by-catch as required under section 301(a)(9) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)(9)).''. (2) Reduction program sale proceeds allowed in determining deposit ceiling.--Section 7518(a)(1)(C) of such Code is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) the sale of any agreement vessel or fishing permit retired through the fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)), or''. (3) Certain qualified withdrawals treated as withdrawn from the capital account.--Section 7718(d)(2)(B) of such Code is amended by adding at the end ``unless such portion represents gain from a sale described in subsection (a)(1)(C)(ii) and is withdrawn for any purpose provided under subparagraph (D), (E), or (F) of subsection (e)(1),''. (4) Secretary to ensure retirement of vessels and permits.--The Secretary of the Treasury by regulation shall establish procedures to ensure that any person making a qualified withdrawal authorized by section 7518(e)(1)(F) of the Internal Revenue Code of 1986 retires the related commercial use of fishing vessels and commercial fishery permits referred to therein. (d) Effective Date.--The amendments made by this section shall apply to withdrawals made after the date of enactment of this Act.
Capital Construction Fund Qualified Withdrawal Act of 2003 - Amends the Merchant Marine Act and the Internal Revenue Code to permit as qualified withdrawals from fishing capital construction funds money used by retiring fishermen for the following purposes: (1) paying the net proceeds to a person retiring related commercial fishing vessels and permits; (2) making a rollover contribution into an owner's individual retirement plan; (3) making a payment of an industry fee authorized by the fishing capacity reduction program; and (4) acquiring a vessel monitoring system or the aquisition or construction of fishing gear designed to minimize or avoid bycatch.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Pharmacy Consumer Protection Act'' or the ``Ryan Haight Act''. SEC. 2. INTERNET SALES OF PRESCRIPTION DRUGS. (a) In General.--Chapter 5 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A the following: ``SEC. 503B. INTERNET SALES OF PRESCRIPTION DRUGS. ``(a) Requirements Regarding Information on Internet Site.-- ``(1) In general.--A person may not dispense a prescription drug pursuant to a sale of the drug by such person if-- ``(A) the purchaser of the drug submitted the purchase order for the drug, or conducted any other part of the sales transaction for the drug, through an Internet site; and ``(B) such site, or any other Internet site used by such person for purposes of sales of a prescription drug, fails to meet each of the requirements specified in paragraph (2) (other than a site or pages on a site that are not intended to be accessed by purchasers or prospective purchasers or that provide an Internet information location tool within the meaning of section 231(e)(5) of the Communications Act of 1934 (47 U.S.C. 231(e)(5)). ``(2) Requirements.--With respect to an Internet site, the requirements referred to in subparagraph (B) of paragraph (1) for a person to whom such paragraph applies are as follows: ``(A) Each page of the site shall include either the following information or a link to a page that provides the following information: ``(i) The name of such person; the address of the principal place of business of the person with respect to sales of prescription drugs through the Internet; and the telephone number for such place of business. ``(ii) Each State in which the person is authorized by law to dispense prescription drugs. ``(iii) The name of each individual who serves as a pharmacist for purposes of the site; and each State in which the individual is authorized by law to dispense prescription drugs. ``(iv) If the person provides for medical consultations through the site for purposes of providing prescriptions, the name of each individual who provides such consultations; each State in which the individual is licensed or otherwise authorized by law to provide such consultations or practice medicine; and the type or types of health professions for which the individual holds such licenses or other authorizations. ``(B) A link to which paragraph (1) applies shall be displayed in a clear and prominent place and manner, and shall include in the caption for the link the words `licensing and contact information'. ``(b) Internet Sales Without Appropriate Medical Relationships.-- ``(1) In general.--A person may not dispense a prescription drug, or sell such a drug, if-- ``(A) for purposes of such dispensing or sale, the purchaser communicated with the person through the Internet; ``(B) the patient for whom the drug was dispensed or purchased did not, when such communications began, have a prescription for the drug that is valid in the United States; ``(C) pursuant to such communications, the person provided for the involvement of a practitioner, or an individual represented by the person as a practitioner, and the practitioner or such individual issued a prescription for the drug that was purchased; ``(D) the person knew, or had reason to know, that the practitioner or the individual referred to in subparagraph (C) did not, when issuing the prescription, have a qualifying medical relationship with the patient; and ``(E) the person received payment for the dispensing or sale of the drug. For purposes of subparagraph (E), payment is received if money or other valuable consideration is received. ``(2) Qualifying medical relationship.-- ``(A) In general.--With respect to issuing a prescription for a drug for a patient, a practitioner has a qualifying medical relationship with the patient for purposes of this section if at least 1 in-person medical evaluation of the patient has been conducted by the practitioner. ``(B) In-person medical evaluation.--A medical evaluation by a practitioner is an in-person medical evaluation for purposes of this section if the practitioner is in the physical presence of the patient as part of conducting the evaluation, without regard to whether portions of the evaluation are conducted by other health professionals. ``(3) Rules of construction.-- ``(A) Individuals represented as practitioners.--A person who is not a practitioner (as defined in subsection (e)(1)) lacks legal capacity under this section to have a qualifying medical relationship with any patient. ``(B) Applicability of requirements.--Paragraph (2) may not be construed as having any applicability beyond this section, and does not affect any State law, or interpretation of State law, concerning the practice of medicine. ``(C) Standard practice of pharmacy.--Paragraph (1) may not be construed as prohibiting any conduct that is a standard practice in the practice of pharmacy. ``(c) Actions by States.-- ``(1) In general.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice that violates section 301(l), the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such practice, to enforce compliance with such section (including a nationwide injunction), to obtain damages, restitution, or other compensation on behalf of residents of such State, to obtain reasonable attorneys' fees and costs if the State prevails in the civil action, or to obtain such further and other relief as the court may deem appropriate. ``(2) Notice.--The State shall serve prior written notice of any civil action under paragraph (1) or (5)(B) upon the Secretary and provide the Secretary with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Secretary shall have the right-- ``(A) to intervene in such action; ``(B) upon so intervening, to be heard on all matters arising therein; and ``(C) to file petitions for appeal. ``(3) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this chapter shall prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(4) Venue; service of process.-- ``(A) Venue.--Any civil action brought under paragraph (1) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. ``(B) Service of process.--Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. ``(5) Actions by other state officials.-- ``(A) Effect of section.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. ``(B) Additional action.--In addition to actions brought by an attorney general of a State under paragraph (1), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. ``(d) Interactive Computer Service; Advertising.--No provider of an interactive computer service, as defined in section 230(f)(2) of the Communications Act of 1934 (47 U.S.C. 230(f)(2)), or of advertising services shall be liable under this section for dispensing or selling prescription drugs in violation of this section on account of another person's selling or dispensing such drugs, provided that the provider of the interactive computer service or of advertising services does not own or exercise corporate control over such person. ``(e) Definitions.--For purposes of this section: ``(1) Practitioner.--The term `practitioner' means a practitioner referred to in section 503(b)(1) with respect to issuing a written or oral prescription. ``(2) Prescription drug.--The term `prescription drug' means a drug that is subject to section 503(b)(1). ``(3) Qualifying medical relationship.--The term `qualifying medical relationship', with respect to a practitioner and a patient, has the meaning indicated for such term in subsection (b).''. (b) Inclusion as Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by inserting after paragraph (k) the following: ``(l) The dispensing or selling of a prescription drug in violation of section 503B.''. (c) Internet Sales of Prescription Drugs; Consideration by Secretary of Practices and Procedures for Certification of Legitimate Businesses.--In carrying out section 503B of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)), the Secretary of Health and Human Services shall take into consideration the practices and procedures of public or private entities that certify that businesses selling prescription drugs through Internet sites are legitimate businesses, including practices and procedures regarding disclosure formats and verification programs. (d) Effective Date.--The amendments made by subsections (a) and (b) take effect upon the expiration of the 60-day period beginning on the date of enactment of this Act, without regard to whether a final rule to implement such amendments has been promulgated by the Secretary of Health and Human Services under section 701(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371(a)). The preceding sentence may not be construed as affecting the authority of such Secretary to promulgate such a final rule. SEC. 3. REPORTS REGARDING INTERNET-RELATED VIOLATIONS OF FEDERAL AND STATE LAWS ON DISPENSING OF DRUGS. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, pursuant to the submission of an application meeting the criteria of the Secretary, award a grant or contract to the National Clearinghouse on Internet Prescribing (operated by the Federation of State Medical Boards) for the purpose of-- (1) identifying Internet sites that appear to be in violation of Federal or State laws concerning the dispensing of drugs; (2) reporting such sites to State medical licensing boards and State pharmacy licensing boards, and to the Attorney General and the Secretary, for further investigation; and (3) submitting, for each fiscal year for which the award under this subsection is made, a report to the Secretary describing investigations undertaken with respect to violations described in paragraph (1). (b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there is authorized to be appropriated $100,000 for each of the fiscal years 2004 through 2006.
Internet Pharmacy Consumer Protection Act or the Ryan Haight Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit any person from dispensing a prescription drug pursuant to a sale if: (1) any part of the sales transaction for the drug is conducted through an Internet site; and (2) such site fails to meet specified requirements regarding inclusion of a page (and links thereto) providing the identities and licensing information of the seller, pharmacists, or medical consultants. Prohibits a person from selling or dispensing a prescription drug if: (1) the purchaser communicated with the person through the Internet; (2) the purchaser did not have a valid prescription when the communication began; (3) the person provided for the involvement of a practitioner; (4) the practitioner issued a prescription for the drug that was purchased; (5) the person knew that no qualifying medical relationship existed (defines "qualifying medical relationship" as requiring an in-person medical evaluation); and (6) the person received payment. Allows States to bring civil actions against a person for violations of this Act. Prevents Internet providers from being held liable for dispensing or selling prescriptions drugs on account of another person's activities. Includes the dispensing or selling of a prescription drug in violation of this Act as a prohibited act under the FFDCA. Requires the Secretary of Health and Human Services to award a grant or contract to the National Clearinghouse on Internet Prescribing to identify and report Internet sites that violate Federal or State laws concerning the dispensing of drugs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Recovery Improvement Act''. SEC. 2. ADDITIONAL MITIGATION ASSISTANCE. Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: ``(d) Additional Mitigation Assistance.-- ``(1) In general.--If, at the time of a declaration of a major disaster, the affected State has in effect and is actively enforcing throughout the State an approved State building code, the President may increase the maximum total of contributions under this section for the major disaster, as specified in subsection (a), by an amount equal to 5 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this Act with respect to the major disaster. ``(2) Submission.--To be eligible for an increased Federal share under paragraph (1), a State, at least once every 4 years, shall submit its State building code to the President for approval. ``(3) Approval.--The President shall approve a State building code submitted under paragraph (2) if the President determines that the building code-- ``(A) is consistent with the most recent version of a nationally recognized model building code; ``(B) has been adopted by the State within 4 years of the most recent version of the nationally recognized model building code; and ``(C) uses the nationally recognized model building code as a minimum standard. ``(4) Definitions.--In this subsection, the following definitions apply: ``(A) Actively enforcing.--The term `actively enforcing' means effective jurisdictional execution of all phases of a State building code in the process of examination and approval of construction plans, specifications, and technical data and the inspection of new construction or renovation. ``(B) Nationally recognized model building code.-- The term `nationally recognized model building code' means a building code for residential and commercial construction and construction materials that-- ``(i) has been developed and published by a code organization in an open consensus type forum with input from national experts; and ``(ii) is based on national structural design standards that establish minimum acceptable criteria for the design, construction, and maintenance of residential and commercial buildings for the purpose of protecting the health, safety, and general welfare of the building's users against natural disasters. ``(C) State building code.--The term `State building code' means requirements and associated standards for residential and commercial construction and construction materials that are implemented on a statewide basis by ordinance, resolution, law, housing or building code, or zoning ordinance. At a minimum, such requirements and associated standards shall apply-- ``(i) to construction-related activities of residential building contractors applicable to single-family and two-family residential structures; and ``(ii) to construction-related activities of engineers, architects, designers, and commercial building contractors applicable to the structural safety, design, and construction of commercial, industrial, and multifamily structures. ``(5) Regulations.--Not later than 180 days after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue such regulations as may be necessary to carry out this subsection.''. SEC. 3. EXPEDITED PAYMENTS. Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by adding at the end the following: ``(f) Expedited Payments.-- ``(1) Grant assistance.--In making a contribution under subsection (a)(1), the President shall provide not less than 50 percent of the President's initial estimate of the Federal share of assistance as an initial payment in accordance with paragraph (2). ``(2) Date of payment.--Not later than 60 days after the date of the estimate described in paragraph (1), and not later than 90 days after the date on which the State or local government or owner or operator of a private nonprofit facility applies for assistance under this section, the initial payment described in paragraph (1) shall be paid.''. SEC. 4. DEBRIS REMOVAL. (a) Debris Management Plans.--Section 407(d) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173(d)) is amended by adding at the end the following: ``The Federal share shall be increased by 5 percent for States and local governments that (1) have a debris management plan approved by the Administrator; and (2) have prequalified 2 or more debris and wreckage removal contractors before the date of declaration of the major disaster. To qualify for the increased Federal share under the preceding sentence, a debris management plan shall be resubmitted to the Administrator for approval every 4 years.''. (b) Financial Incentives for Debris Recycling.--Section 407 such Act (42 U.S.C. 5173) is amended by adding at the end the following: ``(f) Debris Recycling.-- ``(1) In general.--A grant recipient under subsection (a)(2) may use funds from the grant for the costs of recycling debris and wreckage resulting from a major disaster, including the sorting of such materials. ``(2) Value of salvaged material.-- ``(A) Retention of financial benefits.--A grant recipient under subsection (a)(2) may retain any financial benefit received from the salvage of recycled debris or wreckage. ``(B) Treatment of financial benefits.--Any such financial benefit shall not be considered to be program income for purposes of section 13.25 of title 44, Code of Federal Regulations (or any successor regulation). ``(C) Contracts.--Any arrangement between a grant recipient under subsection (a)(2) and a contractor in which the contractor will retain possession of recyclable materials shall be reflected in the contractor's bid price. ``(3) Reporting.-- ``(A) Recipients that recycle debris.--A grant recipient under subsection (a)(2) that recycles debris or wreckage during disaster operations shall submit to the Administrator of the Federal Emergency Management Agency a written description of what the recipient did to recycle the debris or wreckage, the volume of the debris or wreckage that was recycled, and the monetary or nonmonetary benefits received, if any. ``(B) Recipients that do not recycle debris.--A grant recipient under subsection (a)(2) that chooses not to recycle debris or wreckage during disaster operations shall submit to the Administrator a written statement describing why this option was not used.''. SEC. 5. APPEALS PROCESS. (a) Timing.--Section 423(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189a(b)) is amended by striking ``90 days'' and inserting ``60 days''. (b) Regulations.--The Administrator shall issue rules regarding the information that must be provided to an applicant in the event that a project worksheet is denied. The required information shall include, at a minimum-- (1) all reasons for which the project worksheet was denied; (2) the specific items, if any, in the project worksheet that are disputed; and (3) a description of any additional information the applicant needs to provide. SEC. 6. INDIVIDUAL ASSISTANCE FACTORS. In order to provide more objective criteria for evaluating the need for assistance to individuals and to speed a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under section 206.48 of title 44, Code of Federal Regulations, to measure the severity, magnitude, and impact of a disaster. SEC. 7. HOUSEHOLD PETS AND SERVICE ANIMALS. Section 502(a) of Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) provide assistance for rescue, care, shelter, and essential needs-- ``(A) to individuals with household pets and service animals; and ``(B) to such pets and animals.''.
Disaster Recovery Improvement Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to increase the maximum total contributions for a major disaster by 5% under such Act if, at the time of a declaration of a major disaster, the affected state has in effect and is actively enforcing an approved building code. Sets forth state building code submission and approval requirements, including use of the nationally recognized model building code as a minimum standard. Directs the President, in making a contribution to a state or local government or a person that owns a nonprofit facility for repair, restoration, and replacement of a damaged facility, to provide not less than 50% of the President's initial estimate of the federal share as an initial payment. Provides for expedited payments. Requires the federal share for debris removal to be increased by 5% for states and local governments that have: (1) a debris management plan approved by the Administrator of the Federal Emergency Management Agency (FEMA); (2) prequalified two or more debris and wreckage removal contractors before the date of declaration of the major disaster; and (3) resubmitted such plan to the Administrator for approval every four years. Allows a recipient of a debris removal grant to: (1) use funds for the costs of recycling debris and wreckage resulting from a major disaster; and (2) retain any financial benefit received from the salvage. Increases the period for appeals of disaster assistance decisions. Directs the Administrator to review, update, and revise the factors considered to measure the severity, magnitude, and impact of a disaster. Authorizes the President to provide emergency assistance to pets and animals and their owners.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``No Arms Sales to Iran Act''. SEC. 2. FINDINGS. Congress finds the following: (1) United Nations Security Council Resolution 2231 (2015) which endorses implementation of the Joint Comprehensive Plan of Action also provides restrictions on ballistic missile- related transfers to or activities with Iran absent case-by- case approval by the United Nations Security Council. (2) Iran has conducted at least three ballistic missile tests since implementation of the Joint Comprehensive Plan of Action in 2015. (3) Iran continues to pursue a policy of destabilization throughout the Middle East, relying on proxies and direct military engagement to challenge United States partners and threaten Israel. (4) Various countries have reportedly proposed arms transfers to or activities with Iran despite Iran's ongoing regional aggression. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) arms transfers to or activities with Iran would empower Iran to further destabilize the region and would undermine core objectives of regional peace; and (2) the Secretary of State, through bilateral engagement and multilateral fora, should diplomatically engage with the governments of countries that have reportedly proposed arms transfers to or activities with Iran and with other United Nations Security Council member states in order to prevent such transfers or activities. SEC. 4. REPORT. Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress a report on each covered activity or transfer, and the diplomatic responses of the United States to each such covered activity or transfer, that is proposed during the one-year period preceding the date of the submission of the report. SEC. 5. PROHIBITION ON MILITARY ASSISTANCE TO COUNTRIES THAT ENGAGE IN ARMS TRANSFERS AND ACTIVITIES WITH RESPECT TO IRAN. (a) In General.--Subject to subsection (c), and effective beginning on the date that is 180 days after the date of the enactment of this Act-- (1) no military assistance, including military assistance furnished under the Foreign Assistance Act of 1961, the Arms Export Control Act, or any other provision of law, may be provided to a county that engages in any covered activity or transfer; and (2) no license may be granted to export an item on the United States Munitions List under section 38 of the Arms Export Control Act (22 U.S.C. 2778) or any other provision of law to any country that engages in any covered activity or transfer. (b) Waiver.--The President may waive the prohibitions under subsections (a) on a case-by-case basis with respect to a particular country if the President determines and reports to the appropriate congressional committees that it is important to the national interest of the United States to do so. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate. (2) Covered transfer or activity.--The term ``covered activity or transfer'' means any arms transfer to or activity with Iran described in paragraphs 2, 4, and 5 of Annex B of United Nations Security Council Resolution 2231 (2015) with respect to which a country has sought approval by the United Nations Security Council under such Resolution. (3) Joint comprehensive plan of action.--The term ``Joint Comprehensive Plan of Action'' means the Joint Comprehensive Plan of Action, agreed to at Vienna July 14, 2015, by Iran and by the People's Republic of China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union for Foreign Affairs and Security Policy, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action, and transmitted by the President to Congress on July 19, 2015, pursuant to section 135(a) of the Atomic Energy Act of 1954, as amended by the Iran Nuclear Agreement Review Act of 2015 (Public Law 114-17; 129 Stat. 201).
No Arms Sales to Iran Act This bill prohibits military assistance or military export licenses from being provided to a country that engages in U.N.-restricted arms transfers to or activity with Iran. The President may waive such prohibitions if in the U.S. national interest.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Community-Based Mental Health Infrastructure Improvements Act''. SEC. 2. COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENT. Title V of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``PART H--COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENTS ``SEC. 560. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENTS. ``(a) Grants Authorized.--The Secretary may award grants to eligible entities to expend funds for the construction or modernization of facilities used to provide mental health and substance abuse services to individuals. ``(b) Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a State that is the recipient of a Community Mental Health Services Block Grant under subpart I of part B of title XIX and a Substance Abuse Prevention and Treatment Block Grant under subpart II of such part; or ``(2) an Indian tribe or a tribal organization (as such terms are defined in sections 4(b) and 4(c) of the Indian Self- Determination and Education Assistance Act). ``(c) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing-- ``(1) a plan for the construction or modernization of facilities used to provide mental health and substance abuse services to individuals that-- ``(A) designates a single State or tribal agency as the sole agency for the supervision and administration of the grant; ``(B) contains satisfactory evidence that such agency so designated will have the authority to carry out the plan; ``(C) provides for the designation of an advisory council, which shall include representatives of nongovernmental organizations or groups, and of the relevant State or tribal agencies, that aided in the development of the plan and that will implement and monitor any grant awarded to the eligible entity under this section; ``(D) in the case of an eligible entity that is a State, includes a copy of the State plan under section 1912(b) and section 1932(b); ``(E)(i) includes a listing of the projects to be funded by the grant; and ``(ii) in the case of an eligible entity that is a State, explains how each listed project helps the State in accomplishing its goals and objectives under the Community Mental Health Services Block Grant under subpart I of part B of title XIX and the Substance Abuse Prevention and Treatment Block Grant under subpart II of such part; ``(F) includes assurances that the facilities will be used for a period of not less than 10 years for the provision of community-based mental health or substance abuse services for those who cannot pay for such services, subject to subsection (e); and ``(G) in the case of a facility that is not a public facility, includes the name and executive director of the entity who will provide services in the facility; and ``(2) with respect to each construction or modernization project described in the application-- ``(A) a description of the site for the project; ``(B) plans and specifications for the project and State or tribal approval for the plans and specifications; ``(C) assurance that the title for the site is or will be vested with either the public entity or private nonprofit entity who will provide the services in the facility; ``(D) assurance that adequate financial resources will be available for the construction or major rehabilitation of the project and for the maintenance and operation of the facility; ``(E) estimates of the cost of the project; and ``(F) the estimated length of time for completion of the project. ``(d) Subgrants by States.-- ``(1) In general.--A State that receives a grant under this section may award a subgrant to a qualified community program (as such term is used in section 1913(b)(1)). ``(2) Use of funds.--Subgrants awarded pursuant to paragraph (1) may be used for activities such as-- ``(A) the construction, expansion, and modernization of facilities used to provide mental health and substance abuse services to individuals; ``(B) acquiring and leasing facilities and equipment (including paying the costs of amortizing the principal of, and paying the interest on, loans for such facilities and equipment) to support or further the operation of the subgrantee; ``(C) the construction and structural modification (including equipment acquisition) of facilities to permit the integrated delivery of behavioral health and primary care of specialty medical services to individuals with co-occurring mental illnesses and chronic medical or surgical diseases at a single service site; and ``(D) acquiring information technology required to accommodate the clinical needs of primary and specialty care professionals. ``(3) Limitation.--Not to exceed 15 percent of grant funds may be used for activities described in paragraph (2)(D). ``(e) Request To Transfer Obligation.--An eligible entity that receives a grant under this section may submit a request to the Secretary for permission to transfer the 10-year obligation of facility use, as described in subsection (c)(1)(F), to another facility. ``(f) Agreement to Federal Share.--As a condition of receipt of a grant under this section, an eligible entity shall agree, with respect to the costs to be incurred by the entity in carrying out the activities for which such grant is awarded, that the entity will make available non-Federal contributions (which may include State or local funds, or funds from the qualified community program) in an amount equal to not less than $1 for every $1 of Federal funds provided under the grant. ``(g) Reporting.-- ``(1) Reporting by states.--During the 10-year period referred to in subsection (c)(1)(F), the Secretary shall require that a State that receives a grant under this section submit, as part of the report of the State required under the Community Mental Health Services Block Grant under subpart I of part B of title XIX and the Substance Abuse Prevention and Treatment Block Grant under subpart II of such part, a description of the progress on-- ``(A) the projects carried out pursuant to the grant under this section; and ``(B) the assurances that the facilities involved continue to be used for the purpose for which they were funded under such grant during such 10-year period. ``(2) Reporting by indian tribes and tribal organizations.--The Secretary shall establish reporting requirements for Indian tribes and tribal organizations that receive a grant under this section. Such reporting requirements shall include that such Indian tribe or tribal organization provide a description of the progress on-- ``(A) the projects carried out pursuant to the grant under this section; and ``(B) the assurances that the facilities involved continue to be used for the purpose for which they were funded under such grant during the 10-year period referred to in subsection (c)(1)(F). ``(h) Failure To Meet Obligations.-- ``(1) In general.--If an eligible entity that receives a grant under this section fails to meet any of the obligations of the entity required under this section, the Secretary shall take appropriate steps, which may include-- ``(A) requiring that the entity return the unused portion of the funds awarded under this section for the projects that are incomplete; and ``(B) extending the length of time that the entity must ensure that the facility involved is used for the purposes for which it is intended, as described in subsection (c)(1)(F). ``(2) Hearing.--Prior to requesting the return of the funds under paragraph (1)(B), the Secretary shall provide the entity notice and opportunity for a hearing. ``(i) Collaboration.--The Secretary may establish intergovernmental and interdepartmental memorandums of agreement as necessary to carry out this section. ``(j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018.''.
Community-Based Mental Health Infrastructure Improvements Act - Amends Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to award matching grants to states or Indian tribes to expend funds for the construction or modernization of facilities used to provide community-based mental health and substance abuse services to individuals.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Chapter 12 Extension and Bankruptcy Judgeship Act of 2000''. SEC. 2. EXTENSION OF CHAPTER 12 OF TITLE 11 OF THE UNITED STATES CODE. (a) Amendments.--Section 149 of title I of division C of Public Law 105-277, as amended by Public Law 106-5 and Public Law 106-70, is amended-- (1) by striking ``July 1, 2000'' each place it appears and inserting ``July 1, 2001''; and (2) in subsection (a)-- (A) by striking ``September 30, 1999'' and inserting ``June 30, 2000''; and (B) by striking ``October 1, 1999'' and inserting ``July 1, 2000''. (b) Effective Date.-- The amendments made by subsection (a) shall take effect on July 1, 2000. SEC. 3. BANKRUPTCY JUDGESHIPS. (a) Temporary Judgeships.-- (1) Appointments.--The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title: (A) One additional bankruptcy judge for the eastern district of California. (B) Four additional bankruptcy judges for the central district of California. (C) One additional bankruptcy judge for the district of Delaware. (D) Two additional bankruptcy judges for the southern district of Florida. (E) One additional bankruptcy judge for the southern district of Georgia. (F) Two additional bankruptcy judges for the district of Maryland. (G) One additional bankruptcy judge for the eastern district of Michigan. (H) One additional bankruptcy judge for the southern district of Mississippi. (I) One additional bankruptcy judge for the district of New Jersey. (J) One additional bankruptcy judge for the eastern district of New York. (K) One additional bankruptcy judge for the northern district of New York. (L) One additional bankruptcy judge for the southern district of New York. (M) One additional bankruptcy judge for the eastern district of North Carolina. (N) One additional bankruptcy judge for the eastern district of Pennsylvania. (O) One additional bankruptcy judge for the middle district of Pennsylvania. (P) One additional bankruptcy judge for the district of Puerto Rico. (Q) One additional bankruptcy judge for the western district of Tennessee. (R) One additional bankruptcy judge for the eastern district of Virginia. (2) Vacancies.--The first vacancy occurring in the office of a bankruptcy judge in each of the judicial districts set forth in paragraph (1) shall not be filled if the vacancy-- (A) results from the death, retirement, resignation, or removal of a bankruptcy judge; and (B) occurs 5 years or more after the appointment date of a bankruptcy judge appointed under paragraph (1). (b) Extensions.-- (1) In general.--The temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, the district of South Carolina, and the eastern district of Tennessee under paragraphs (1), (3), (7), (8), and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring-- (A) 8 years or more after November 8, 1993, with respect to the northern district of Alabama; (B) 10 years or more after October 28, 1993, with respect to the district of Delaware; (C) 8 years or more after August 29, 1994, with respect to the district of Puerto Rico; (D) 8 years or more after June 27, 1994, with respect to the district of South Carolina; and (E) 8 years or more after November 23, 1993, with respect to the eastern district of Tennessee. (2) Applicability of other provisions.--Except as provided in paragraph (1), section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) shall continue to apply to the temporary office of bankruptcy judges referred to in such paragraph. (c) Technical Amendments.--Section 152(a) of title 28, United States Code, is amended-- (1) in paragraph (1) by striking the first sentence and inserting the following: ``Each bankruptcy judge authorized to be appointed for a judicial district as provided in paragraph (2) shall be appointed by the United States court of appeals for the circuit in which such district is located.''; and (2) in paragraph (2)-- (A) in the item relating to the middle district of Georgia, by striking ``2'' and inserting ``3''; and (B) in the collective item relating to the middle and southern districts of Georgia, by striking ``Middle and Southern . . . . . . 1''.
Makes this Act effective as of July 1, 2000 (the previous expiration date). Mandates appointments for additional temporary bankruptcy judgeships in designated districts of the following States: California, Delaware, Florida, Georgia, Maryland, Michigan, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, Tennessee, and Virginia. Prohibits filling the first vacancy occurring in such judicial districts five years or more after such appointments if it results from death, retirement, resignation or removal. Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, the eastern district of Tennessee, and the districts of Delaware, Puerto Rico, and South Carolina.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Virginia Metrorail Extension Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Washington Metropolitan Area Transit Authority (Metro) maintains the second largest rail network in the Nation. (2) Local and State governments in the National Capital Region have led efforts to extend Metrorail service, and any future Metrorail extension will be provided only with their collaboration, consistent with local planning objectives. (3) In the most recent draft strategic plan, Momentum: The Next Generation of Metro, Metro identifies future expansion opportunities, including the Orange Line in Virginia from Vienna to Centreville and the Blue Line in Virginia from Franconia-Springfield to Prince William. (4) More than 120,000 Federal employees ride Metro to work, accounting for more than 40 percent of the morning rush-hour ridership. (5) More than half of Metro's current stations are located on Federal property. (6) The Federal Government has partnered with the State and local governments to provide $300 million, consisting of $150 million in Federal funds to match $50 million each from Virginia, Maryland, and the District of Columbia (Public Law 110-432), over a 10-year period for safety and other capital improvements throughout the Metro system. (7) Metro takes 580,000 cars off the road each day, eliminates the need for 1,400 lane miles of highway, reduces gas consumption by 75 million gallons annually, and eliminates more than 10,000 tons of greenhouse gas emissions annually. (8) Metrorail stations encourage transit-oriented development, which is critical to protecting open space throughout the region. (9) Metro stimulates economic and job growth, and real estate near Metrorail stations is worth in excess of $25 billion. (10) The Virginia Department of Transportation (VDOT) and the Virginia Department of Rail and Public Transit (VDRPT) completed a Major Investment Study that concluded that a multimodal transportation strategy is required to accommodate projected travel demand in Virginia along Interstate Route 66 from Interstate Route 495 to the Centreville and Haymarket communities, areas which would be served by the proposed Orange Line extension. (11) The Route 1 Multimodal Alternatives Analysis, a partnership between VDOT, VDRPT, and Fairfax and Prince William counties, in October 2014 endorsed recommendations for improving the corridor to include extending Metro's Yellow Line to Hybla Valley ``as expeditiously as possible''. (12) The population of the area to be served by the proposed Orange Line extension is expected to be 681,000 individuals by 2025, while employment in the area is projected to increase to 362,000 individuals. (13) The population of the area to be served by the proposed Blue and Yellow Line extensions grew by 120,000 people between 2000 and 2010, and continued growth of another 100,000 people is expected by 2020. (14) The Comprehensive Plans for both Fairfax and Prince William counties identify the need to develop alternative transit concepts, including an extension of the existing Metrorail lines. (15) As a result of military base realignments and closures, thousands of national defense-related Federal and civilian jobs will shift from the area of Crystal City, Virginia, which is served by Metrorail, to Fort Belvoir, Virginia, and the Engineer Proving Ground in southern Fairfax, neither of which is currently served by Metro. (16) Department of Defense analysis shows many of those employees are coming from points south and west. (17) Additional job growth along the Richmond Highway (Route 1) corridor and Interstate Route 95 in both Fairfax and Prince William counties, including communities like Mount Vernon, Woodbridge, and Potomac Mills, adds further urgency to the need to expand Metro service in Northern Virginia. (18) To ensure the regional transportation network can accommodate projected growth, it is critical that extensions of transit service are coordinated with local land use planning, including the use of smart growth principles and transit- oriented development. SEC. 3. NEW FIXED GUIDEWAY CAPITAL PROJECTS, NORTHERN VIRGINIA. The following projects are deemed to have entered the project development phase under section 5309(d)(1) of title 49, United States Code: (1) Northern Virginia--Extension of Metrorail Blue Line to include the Engineer Proving Ground and the Interstate Route 95 corridor in Fairfax and Prince William counties. (2) Northern Virginia--Extension of Metrorail Orange Line to Centreville. (3) Northern Virginia--Extension of Metrorail Yellow Line to the Richmond Highway (Route 1) corridor in Fairfax and Prince William counties.
Northern Virginia Metrorail Extension Act Authorizes project development for specified Metrorail new fixed guideway capital projects in Virginia.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Explosive Materials Background Check Act''. SEC. 2. EXPLOSIVE MATERIALS BACKGROUND CHECKS. (a) Amendments to Title 18.--Chapter 40 of title 18, United States Code, is amended-- (1) in section 841-- (A) in subsection (d), by inserting ``smokeless powder and black powder substitutes,'' after ``black powder,''; and (B) in subsection (h), by striking ``the business of''; (2) in section 842-- (A) in subsection (d)-- (i) in paragraph (9), by striking the period and inserting a semicolon; and (ii) inserting at the end the following: ``(10) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that-- ``(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or ``(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; ``(11) has been convicted in any court of a misdemeanor crime of domestic violence; or ``(12) has received actual notice of the Attorney General's determination made pursuant to subsection (d)(1)(B) or (j) of section 843 of this title.''; and (B) in subsection (i)-- (i) in paragraph (7), by inserting a semicolon after ``person''; (ii) inserting at the end the following: ``(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that-- ``(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or ``(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; ``(9) has been convicted in any court of a misdemeanor crime of domestic violence; or ``(10) has received actual notice of the Attorney General's determination made pursuant to subsection (d)(1)(B) or (j) of section 843 of this title.''; (3) in section 843-- (A) in subsection (b)-- (i) by striking ``Upon'' and inserting ``Except as provided in subsection (j), upon''; (ii) in paragraph (6), by striking ``and'' after the semicolon; (iii) in paragraph (7), by striking the period and inserting ``; and''; and (iv) by inserting at the end the following: ``(8) in the case of a limited permit holder, the applicant certifies the permit will only be used to purchase black powder, black powder substitute, and smokeless powder in which case the limitation in paragraph (7) shall not apply.''; (B) in subsection (d)-- (i) by inserting ``(1)'' after ``(d)''; (ii) by striking ``if in the opinion'' and inserting the following: ``if-- ``(A) in the opinion''; and (iii) by striking ``. The Secretary's action'' and inserting the following: ``; or ``(B) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism. ``(2) The Attorney General's action''; and (C) in subsection (e)-- (i) in paragraph (1), by inserting after the first sentence the following: ``However, if the denial or revocation is based upon an Attorney General determination under subsection (j) or (d)(1)(B), any information which the Attorney General relied on for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security.''; and (ii) in paragraph (2), by adding at the end the following: ``In responding to any petition for review of a denial or revocation based upon an Attorney General determination under subsection (j) or (d)(1)(B), the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.''; (D) in subsection (h)(2)-- (i) in subparagraph (A), by inserting ``or in subsection (j) of this section (on grounds of terrorism)'' after ``section 842(i)''; and (ii) in subparagraph (B)-- (I) in the matter preceding clause (i), by inserting ``or in subsection (j) of this section,'' after ``section 842(i),''; and (II) in clause (ii), by inserting ``, except that any information that the Attorney General relied on for a determination pursuant to subsection (j) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security'' after ``determination'' ; and (E) by inserting at the end the following: ``(j) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits.--The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support or resources for terrorism, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.''; and (4) in section 845(a)-- (A) in paragraph (4), by inserting after ``and components thereof'' the following: ``, except for smokeless powder and black powder substitutes''; and (B) in paragraph (5), by striking ``black powder in quantities not to exceed fifty pounds,''. (b) Guidelines.-- (1) In general.--The Attorney General shall issue guidelines describing the circumstances under which the Attorney General will exercise the authority and make determinations under subsections (d)(1)(B) and (j) of section 843 of title 18, United States Code, as amended by this Act. (2) Contents.--The guidelines issued under paragraph (1) shall-- (A) provide accountability and a basis for monitoring to ensure that the intended goals for, and expected results of, the grant of authority under subsections (d)(1)(B) and (j) of section 843 of title 18, United States Code, as amended by this Act, are being achieved; and (B) ensure that terrorist watch list records are used in a manner that safeguards privacy and civil liberties protections, in accordance with requirements outlines in Homeland Security Presidential Directive 11 (dated August 27, 2004).
Explosive Materials Background Check Act - Amends federal criminal code provisions governing the importation, manufacture, distribution, and storage of explosive materials to: (1) include smokeless powder and black powder substitute within the definition of an "explosive" to which such provisions apply; (2) revise the definition of "manufacturer" to mean any person engaged in manufacturing (currently, in the business of manufacturing) explosive materials; and (3) delete the exemption for commercially manufactured black powder in quantities of less than fifty pounds. Prohibits knowingly distributing explosive materials to any person who: (1) is subject to a court order (issued after a hearing meeting specified requirements) that restrains such person from harassing, stalking, or threatening an intimate partner or a child of such intimate partner or person or from engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; (2) has been convicted in any court of a misdemeanor crime of domestic violence; or (3) the Attorney General has determined is an individual known or appropriately suspected to be or have been engaged in, conduct constituting or related to terrorism or providing material support or resources for terrorism and the Attorney General has a reasonable belief that such person may use explosives in connection with terrorism. Makes it unlawful for any such person to ship or transport any explosive in or affecting interstate or foreign commerce or to receive or possess any explosive that has been shipped or transported in or affecting interstate or foreign commerce. Exempts a limited explosives material permit holder who certifies that the permit will only be used to purchase black powder, black powder substitute, and smokeless powder from provisions limiting the receipt of explosive materials to six separate occasions during a 12-month period. Authorizes the Attorney General to deny or revoke an explosives materials license or permit upon determining that the licensee or holder is known to be or have been engaged in such terrorist conduct and may use explosives in connection with terrorism. Directs the Attorney General to issue guidelines describing the circumstances under which the Attorney General will exercise such authority and make such determinations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom and Flexibility to Rebuild Act of 2005''. SEC. 2. LOUISIANA FLEXIBILITY. (a) High Priority Projects.--The following items in the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) are each amended by striking the project description and inserting ``Such projects as are eligible for assistance under the surface transportation program established under 23 U.S.C. 133 and are designated by the State of Louisiana'': 38, 60, 76, 120, 183, 235, 273, 352, 432, 499, 612, 761, 870, 945, 1332, 1362, 1380, 1427, 1483, 1534, 1629, 1731, 1968, 2184, 2203, 2225, 2226, 2258, 2291, 2361, 2380, 2388, 2400, 2418, 2470, 2675, 2703, 2712, 2751, 3037, 3080, 3088, 3103, 3110, 3231, 3290, 3342, 3423, 3424, 3453, 3525, 3629, 4226, 4227, 4228, 4229, 4230, 4231, 4232, 4233, 4234, 4235, 4236, 4237, 4238, 4239, 4240, 4241, 4242, 4243, 4244, 4245, 4246, 4247, 4248, 4249, 4250, 4251, 4252, 4253, 4254, 4255, 4256, 4257, 4258, 4259, 4260, 4261, 4262, 4263, and 4264. (b) Transportation Improvement.--Item 171 in the table contained in section 1934 of such Act is amended by striking the project description and inserting ``Such projects as are eligible for assistance under the surface transportation program established under 23 U.S.C. 133 and are designated by the State of Louisiana''. (c) National Corridor Infrastructure Improvements.--The following items in the table contained in section 1302 of such Act are each amended by striking the project description and inserting ``Such projects as are eligible for assistance under the surface transportation program established under 23 U.S.C. 133 and are designated by the State of Louisiana'': 2, 8, 25, 28, and 29. (d) Bus and Bus-Related Facilities Improvements.--The following items in the table contained in section 3044(a) of such Act are each amended by striking the project description and inserting: ``Such projects as are eligible for assistance under the surface transportation program established under 23 U.S.C. 133 and are designated by the State of Louisiana'': 55, 67, 72, 170, 239, 243, 277, 283, 310, 356, 484, 555, 568, 606, and 625. SEC. 3. MISSISSIPPI FLEXIBILITY. (a) High Priority Projects.--The following items in the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) are each amended by striking the project description and inserting ``Such projects as are eligible for assistance under the surface transportation program established under 23 U.S.C. 133 and are designated by the State of Mississippi'': 105, 175, 178, 212, 214, 293, 409, 411, 527, 648, 1001, 1201, 1281, 1283, 1287, 1458, 1470, 1474, 1482, 1643, 1716, 1717, 1896, 1969, 2011, 2022, 2028, 2085, 2138, 2242, 2264, 2347, 2348, 2422, 2519, 2587, 2642, 2748, 2769, 3035, 3084, 3118, 3171, 3193, 3450, 3458, 3522, 3523, 4396, 4397, 4398, 4399, 4400, 4401, 4402, 4403, 4404, 4405, 4406, 4407, 4408, 4409, 4410, and 4411. (b) Transportation Improvements.--The following items in the table contained in section 1934 of such Act are each amended by striking the project description and inserting ``Such projects as are eligible for assistance under the surface transportation program established under 23 U.S.C. 133 and are designated by the State of Mississippi'': 227, 228, 229, 230, 231, 232, and 233. (c) Bus and Bus-Related Facilities.--Items 130 and 547 in the table contained in section 3044(a) of such Act are each amended by striking the project description and inserting ``Such projects as are eligible for assistance under the surface transportation program established under 23 U.S.C. 133 and are designated by the State of Mississippi''. SEC. 4. ALABAMA FLEXIBILITY. (a) High Priority Projects.--The following items in the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) are each amended by striking the project description and inserting: ``Such projects as are eligible for assistance under the surface transportation program established under 23 U.S.C. 133 and are designated by the State of Alabama'': 104, 177, 256, 322, 341, 827, 921, 940, 1129, 1252, 1310, 1333, 1372, 1448, 1460, 1463, 1485, 1572, 1586, 1787, 1831, 1860, 1906, 1935, 2190, 2265, 2323, 2395, 2516, 2541, 2581, 2593, 2608, 2615, 2723, 2779, 2792, 2872, 2887, 2898, 2952, 3142, 3189, 3287, 3352, 3354, 3372, 3728, 3729, 3730, 3731, 3732, 3733, and 3734. (b) Transportation Improvements.--Items 14, 15, and 16 in the table contained in section 1934 of such Act are each amended by striking the project description and inserting ``Such projects as are eligible for assistance under the surface transportation program established under 23 U.S.C. 133 and are designated by the State of Alabama''. (c) Bus and Bus-Related Facilities.--The following items in the table contained in section 3044(a) of such Act are each amended by striking the project description and inserting ``Such projects as are eligible for assistance under the surface transportation program established under 23 U.S.C. 133 and are designated by the State of Alabama'': 98, 437, 461, 462, 469, 496, 501, 503, 504, 507, 528, 534, 582, 644, 645, 646, 647, and 650.
Freedom and Flexibility to Rebuild Act of 2005 - Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to revise the allocation of specified surface transportation projects for the states of Louisiana, Mississippi, and Alabama to allow such states to designate other eligible transportation projects for such projects.
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SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. (a) Short Title.--This Act may be cited as the ``Responsible Off- Road Vehicle Enforcement and Response Act''. (b) Findings.--The Congress finds the following: (1) The public lands managed by the Bureau of Land Management and the Federal lands within the National Forest System provide important opportunities for recreational activities as well as for other uses. (2) The use of vehicles on such lands for recreational and other purposes is appropriate and should be permitted to continue. (3) Use of vehicles, whether motorized or nonmotorized, on such lands can result in damage and should occur only where consistent with the other purposes for which those lands are managed and in compliance with all applicable requirements or regulations. (4) Violations of such requirements or regulations should be subject to fines commensurate with the severity of any damages resulting from such violations. (5) Current law should be revised so that the Secretary of the Interior and the Secretary of Agriculture can impose more appropriate fines for violations of such requirements or regulations and can require violators to reimburse the United States for restoration or other costs resulting from such violations. (c) Purposes.--The purposes of this Act are as follows: (1) To authorize imposition of appropriate fines for violations of requirements or regulations regarding use of vehicles on public lands or on Federal lands within the National Forest System that result in damage to such lands. (2) To authorize immediate use of funds received as a result of the imposition of such fines for restoration or other treatment of lands damaged by such violations, for increasing public awareness of the regulations applicable to use of vehicles on such lands, and for defraying the costs of enforcing such regulations. SEC. 2. PUBLIC LANDS. (a) Fines.--Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) is amended-- (1) by striking ``(a) The'' and inserting ``(a)(1) The''; and (2) by adding after paragraph (1) (as so designated above) the following new paragraph: ``(2) Notwithstanding any other provision of law (including section 3571 of title 18, United States Code), the Secretary may impose a fine of no more than $10,000 or an amount equal to the cost to the United States of any improvement, protection, or rehabilitation work on the public lands rendered necessary by damages to such lands resulting from violation of any regulation or other requirement regarding use of any vehicle over such lands, whichever amount is greater. Notwithstanding any other provision of law, such a violation not resulting in death shall be considered a Class B misdemeanor.''. (b) Use of Fines.--Section 305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1735), is amended by adding at the end the following new subsection: ``(d) Any moneys received by the United States as a result of a fine imposed pursuant to section 303(a)(2) shall be available to the Secretary, without further appropriation, and shall be used-- ``(1) to cover the administrative, legal, and related expenses, including damage assessments, payments of rewards for information, and investigative costs of enforcing regulations or other requirements regarding use of vehicles on public lands; ``(2) to cover the costs of any improvement, protection, or rehabilitation work on public lands; and ``(3) to increase public awareness of regulations and other requirements regarding recreational use of vehicles on public lands.''. SEC. 3. NATIONAL FOREST LANDS. (a) Vehicle Violations.--Section 1 of the Act of June 4, 1897 (16 U.S.C. 551), is amended-- (1) by striking ``The Secretary of Agriculture'' and inserting ``(a) In General.--The Secretary of Agriculture''; and (2) by adding at the end the following new subsection: ``(b) Fines for Vehicle Violations.--Notwithstanding any other provision of law (including section 3571 of title 18, United States Code), the Secretary may impose a fine of no more than $10,000 or any amount equal to the cost to the United States of any improvement, protection, or rehabilitation work on lands managed by the Forest Service rendered necessary by damages to such lands resulting from violation of any regulation or requirement regarding use of any vehicle on such lands, whichever amount is greater. Notwithstanding any other provision of law, such a violation not resulting in death shall be considered a Class B misdemeanor.''. (b) Use of Fines.--Section 7 of the Act of June 20, 1958 (16 U.S.C. 579c), is amended-- (1) by inserting ``administrative, legal, and related expenses, including damage assessments, payments of rewards for information, and investigative costs, incurred in connection with such claim, and all'' after ``cost to the United States of any''; and (2) by striking ``Provided'' and all that follows at the end of such section and inserting the following: ``Provided, That any portion of the moneys so received in excess of the amounts expended for such purposes shall be similarly made available to be used for enforcement and increased public awareness of the regulations and other requirements regarding activities on such lands, including the regulations and requirements regarding the use of vehicles on such lands.''.
Responsible Off-Road Vehicle Enforcement and Response Act - Amends the Federal Land Policy and Management Act of 1976 to authorize the Secretary of the Interior to impose a fine of up to the greater of $10,000 or an amount equal to the cost to the United States of any improvement, protection, or rehabilitation work on public lands rendered necessary for damages to such lands resulting from violation of any regulation or other requirement regarding use of a vehicle over such lands. Makes such a violation not resulting in death a Class B misdemeanor.Directs that any moneys received by the United States from such a fine be used to: (1) cover administrative, legal, and related expenses; (2) cover the costs of any improvement, protection, or rehabilitation work on public lands; and (3) increase public awareness of regulations and other requirements regarding recreational use of vehicles on public lands.Amends Federal law to set forth similar provisions regarding vehicle violations in National Forest lands.
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SECTION 1. COVERAGE OF EMPLOYEES. Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 (2)(B)(ii) and (4)(A)(i)) are amended by striking ``50'' each place it appears and inserting ``25''. SEC. 2. PARENTAL INVOLVEMENT LEAVE. (a) Leave Requirement.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Entitlement to parental involvement leave.-- ``(A) In general.--Subject to section 103(f), an eligible employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period, in addition to leave available under paragraph (1), to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter of the employee, including foster children. ``(B) Definitions.--As used in this paragraph: ``(i) Community organization.--The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 101(12), such as a scouting or sports organization. ``(ii) School.--The term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.'' (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting before the period the following: ``, or for leave provided under subsection (a)(3) for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 102(e)(1) of such Act (29 U.S.C. 2612(e)(1)) is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3), the employee shall provide the employer with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Parental Involvement Leave.--An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 3. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Subject to section 6383(f), an employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period, in addition to leave available under paragraph (1), to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter of the employee, including foster children. ``(B) As used in this paragraph: ``(i) The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 6381(6), such as a scouting or sports organization. ``(ii) The term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.''. (b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.'' (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting before ``, except'' the following: ``, or for leave provided under subsection (a)(3) any of the employee's accrued or accumulated annual leave under subchapter I for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 6382(e)(1) of such title is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3), the employee shall provide the employing agency with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''.
Amends the Family and Medical Leave Act of 1993 to extend coverage to employees at worksites where the employer employs at least 25 (currently 50) employees at the worksite and within 75 miles of that worksite. Allows employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend their children's educational and extracurricular activities. Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees.
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SECTION 1. REIMBURSEMENT FOR ADOPTION EXPENSES. (a) In General.--Subpart G of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 90--MISCELLANEOUS EMPLOYEE BENEFITS ``9001. Adoption benefits. ``Sec. 9001. Adoption benefits ``(a) For the purpose of this section-- ``(1) the term `agency' means-- ``(A) an Executive agency; ``(B) an agency in the judicial branch; and ``(C) an agency in the legislative branch (other than any included under subparagraph (A)); ``(2) the term `employee' does not include any individual who, pursuant to the exercise of any authority under section 8913(b), is excluded from participating in the health insurance program under chapter 89; and ``(3) the term `adoption expenses', as used with respect to a child, means any reasonable and necessary expenses directly relating to the adoption of such child, including-- ``(A) fees charged by an adoption agency; ``(B) placement fees; ``(C) legal fees; ``(D) counseling fees; ``(E) medical expenses, including those relating to obstetrical care for the biological mother, medical care for the child, and physical examinations for the adopting parent or parents; ``(F) foster-care charges; and ``(G) transportation expenses. ``(b) The head of each agency shall by regulation establish a program under which any employee of such agency who adopts a child shall be reimbursed for any adoption expenses incurred by such employee in the adoption of such child. ``(c) Under the regulations, reimbursement may be provided only-- ``(1) after the adoption becomes final, as determined under the laws of the jurisdiction governing the adoption; ``(2) if, at the time the adoption becomes final, the child is under 18 years of age and unmarried; and ``(3) if appropriate written application is filed within such time, complete with such information, and otherwise in accordance with such procedures as may be required. ``(d)(1) Reimbursement for an employee under this section with respect to any particular child-- ``(A) shall be payable only if, or to the extent that, similar benefits paid (or payable) under one or more programs established under State law or another Federal statute have not met (or would not meet) the full amount of the adoption expenses incurred; and ``(B) may not exceed $2,000. ``(2)(A) In any case in which both adopting parents are employees eligible for reimbursement under this section, each parent shall be eligible for an amount determined in accordance with paragraph (1), except as provided in subparagraph (B). ``(B) No amount shall be payable under this section if, or to the extent that, payment of such amount would cause the sum of the total amount payable to the adoptive parents under this section, and the total amount paid (or payable) to them under any program or programs referred to in paragraph (1)(A), to exceed the lesser of-- ``(i) the total adoption expenses incurred; or ``(ii) $5,000. ``(3) The guidelines issued under subsection (g) shall include provisions relating to interagency cooperation and other appropriate measures to carry out this subsection. ``(e) Any amount payable under this section shall be paid from the appropriation or fund used to pay the employee involved. ``(f) An application for reimbursement under this section may not be denied based on the marital status of the individual applying. ``(g)(1) The Office of Personnel Management may issue any general guidelines which the Office considers necessary to promote the uniform administration of this section. ``(2) The regulations prescribed by the head of each Executive agency under this section shall be consistent with any guidelines issued under paragraph (1). ``(3) Upon the request of any agency, the Office may provide consulting, technical, and any other similar assistance necessary to carry out this section.''. (b) Conforming Amendments.--(1) The heading of subpart G of part III of title 5, United States Code, is amended to read as follows: ``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''. (2) The analysis for part III of title 5, United States Code, is amended-- (A) by striking the item relating to subpart G and inserting in lieu thereof the following: ``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''; and (B) by adding after the item relating to chapter 89 the following: ``90. Miscellaneous Employee Benefits....................... 9001''. SEC. 2. APPLICABILITY TO POSTAL EMPLOYEES. Section 1005 of title 39, United States Code, is amended by adding at the end the following: ``(g) Section 9001 of title 5 shall apply to the Postal Service. Regulations prescribed by the Postal Service to carry out this subsection shall be consistent with any guidelines issued under subsection (g)(1) of such section.''. SEC. 3. EFFECTIVE DATE. This Act shall take effect on October 1, 1997, and shall apply with respect to any adoption which becomes final (determined in the manner described in section 9001(c)(1) of title 5, United States Code, as added by this Act) on or after that date.
Amends Federal law concerning Government organization and employees to require the head of each Federal agency, including the U.S. Postal Service, by regulation to establish a program for the reimbursement of adoption expenses incurred by an employee of such agency in the adoption of a child. Prohibits denial of an application on the basis of the applicant's marital status.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Cost Reduction and Reform Act of 1993''. SEC. 2. DEFINITION OF QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATE. Section 301(19) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(19)) is amended to read as follows: ``(19) The term `qualifying House of Representatives candidate' means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, whose principal campaign committee includes in its statement of organization a declaration of intention under section 303(b)(7) and, by reason of such declaration, is subject to the expenditure limitations specified in section 315(i) or section 315(j).''. SEC. 3. AMENDMENTS TO DEFINITION OF CONTRIBUTION RELATING TO VALUATION FORMULA AND ENCOURAGEMENT CONTRIBUTIONS. Section 301(8)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(A)) is amended-- (1) in clause (i)-- (A) by inserting after ``anything of value'' the following: (such value to be determined by the highest of: cost to the person making the contribution, fair market value on the date of acquisition by the person making the contribution, or fair market value on the date of the contribution); and (B) by striking out ``or'' after the semicolon; (2) in clause (ii), by striking out the period and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new clause: ``(iii) any gift, subscription, loan, advance, or deposit of money or anything of value (such value to be determined in the manner described in clause (i)) made by any person for the purpose of encouraging any specific individual who is not a candidate to become a candidate.''. SEC. 4. AMENDMENTS TO DEFINITION OF EXPENDITURE RELATING TO VALUATION FORMULA AND ENCOURAGEMENT EXPENDITURES. Section 301(9)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)) is amended-- (1) in clause (i)-- (A) by inserting after ``anything of value'' the following: ``(such value to be determined by the highest of: cost to the person making the expenditure, fair market value on the date of acquisition by the person making the expenditure, or fair market value on the date of the expenditure); and (B) by striking out ``and'' after the semicolon; (2) in clause (ii), by striking out the period and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new clause: ``(iii) any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value (such value to be determined in the manner described in clause (i)) made by any person for the purpose of encouraging any specific individual who is not a candidate to become a candidate.''. SEC. 5. REGISTRATION AS QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATE. (a) In General.--Section 303(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 433(b)) is amended-- (1) in paragraph (5), by striking out ``and'' after the semicolon at the end; (2) in paragraph (6), by striking out the period at the end and inserting in lieu thereof the following: ``and''; and (3) by adding at the end the following: ``(7) in the case of a principal campaign committee of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, who desires to be a qualifying House of Representatives candidate, a declaration of intention of the candidate to comply voluntarily with all contribution limitations and expenditure limitations under this Act.''. (b) Amendment to Statement of Organization.--Section 303 of the Federal Election Campaign Act of 1971 (2 U.S.C. 433) is amended by adding at the end the following new subsection: ``(e)(1) In the case of a political committee referred to in paragraph (7) of subsection (b), if the statement of organization does not include a declaration referred to in that paragraph, the committee may amend the statement to include such declaration, if such amendment is filed under section 302(g) not later than the day the candidate becomes a candidate for purposes of State law. ``(2) A declaration of intention that is included in a statement of organization under paragraph (7) of subsection (b), whether in the original filing or by amendment, may not be revoked.''. SEC. 6. AMENDMENT TO DEFINITION OF INDEPENDENT EXPENDITURE. Section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)) is amended by adding at the end the following: ``An expenditure is not an independent expenditure if-- ``(A) there is any arrangement, coordination, or direction with respect to the expenditure between the candidate and the person making the expenditure; ``(B) with respect to the election, the person making the expenditure-- ``(i) is authorized to solicit contributions or make expenditures on behalf of the candidate or an authorized committee of the candidate; ``(ii) is an officer of an authorized committee of the candidate; or ``(iii) receives any compensation or reimbursement from the candidate, or an authorized committee of the candidate; ``(C) the expenditure is clearly intended to encourage voters to support or oppose a specific candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress.''. SEC. 7. LIMITATIONS ON EXPENDITURES BY QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATES. 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 subsections: ``(i) A qualifying House of Representatives candidate shall not make expenditures derived from personal funds of such candidate in excess of $75,000 with respect to an election for the Office of Representative in, or Delegate or Resident Commissioner to, the Congress. ``(j) A qualifying House of Representatives candidate shall not make expenditures in excess of $600,000 with respect to an election cycle.''. SEC. 8. LIMITATIONS WITH RESPECT TO QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 7 of this Act, is further amended by adding at the end the following new subsection: ``(k)(1) A qualifying House of Representatives candidate may not accept, in an election cycle-- ``(A) more than $300,000 in contributions from persons other than individuals; ``(B) more than $5,000 from a single multicandidate political committee; ``(C) more than $75,000 from political party committees; or ``(D) more than $100,000 from individuals who reside outside the congressional district involved. ``(2) No person may make independent expenditures in an election cycle of more than $10,000 advocating the election of a qualifying House of Representatives candidate or advocating the defeat of the opponent of such candidate. ``(3) An individual may not make contributions of more than $2,000 to a qualifying House of Representatives candidate in an election cycle. ``(4) As used in this section, the term `election cycle' means-- ``(A) in the case of a candidate or the authorized committees of a candidate, the term beginning on the day after the date of the most recent general election for the specific office or seat which such candidate seeks and ending on the date of the next general election for such office or seat; or ``(B) for all other persons, the term beginning on the first day following the date of the last general election and ending on the date of the next general election. ``(5)(A) Any person who exceeds a limitation under this subsection by 5 percent or less shall pay to the Commission an amount equal to the amount of the excess. ``(B) Any person who exceeds a limitation under this subsection by more than 5 percent but not more than 10 percent shall pay to the Commission an amount equal to three times the amount of the excess. ``(C) Any person who exceeds a limitation under this subsection by more than 10 percent shall pay to the Commission an amount equal to three times the amount of the excess plus a civil penalty in an amount determined by the Commission.''. SEC. 9. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 RELATING TO THE CREDIT FOR CONTRIBUTIONS TO CERTAIN QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATES. (a) General Rule.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 23 the following new section: ``SEC. 24. CONTRIBUTIONS TO CERTAIN QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATES. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the total of contributions to qualifying House of Representatives candidates which are made by the taxpayer during the taxable year, with respect to elections in the congressional district of which the taxpayer is a resident. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) for a taxable year shall not exceed $100 ($200 in the case of a joint return under section 6013). ``(2) Verification.--The credit allowed by subsection (a) shall be allowed, with respect to any qualified political contribution, only if such contribution is verified in such manner as the Secretary shall prescribe by regulations. ``(c) Definitions.--For purposes of this section, the terms `contribution' and `qualifying House of Representatives candidate' have the meanings given those terms in section 301 of the Federal Election Campaign Act of 1971.''. (b) Conforming Amendments.-- (1) Section 642 of such Code (relating to special rules for credits and deductions of estates or trusts) is amended by adding at the end the following new subsection: ``(j) Credit for Political Contributions Not Allowed.--An estate or trust shall not be allowed the credit against tax provided by section 24.''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Contributions to certain qualifying House of Representatives candidates.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 10. EFFECTIVE DATE. Except as otherwise provided in this Act, the amendments made by this Act shall apply with respect to elections for Federal office beginning with the general election of November 8, 1994 (and any primary election relating to such general election).
Campaign Cost Reduction and Reform Act of 1993 - Amends the Federal Election Campaign Act of 1971 to revise the definition of: (1) qualifying House of Representatives candidate; (2) contribution; (3) expenditure; and (4) independent expenditure. Limits with regard to an election cycle of an House of Representatives candidate: (1) general and personal funds expenditures; (2) contributions from persons other than individuals, multicandidate political committees (PACs), political party committees, and persons from outside the district; (3) independent expenditures; and (4) individual contributions. Sets forth penalties for excess contributions. Amends the Internal Revenue Code to allow a tax credit ($100 for an individual, $200 for a joint return) for contributions to House of Representatives candidates with respect to elections in the taxpayer's congressional district of residence.
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SECTION 1. USE OF OPTION 1A AS PRICE STRUCTURE FOR CLASS I MILK UNDER CONSOLIDATED FEDERAL MILK MARKETING ORDERS. (a) Final Rule Defined.--In this section, the term ``final rule'' means the final rule for the consolidation and reform of Federal milk marketing orders that was published in the Federal Register on September 1, 1999 (64 Fed. Reg. 47897-48021), to comply with section 143 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7253). (b) Implementation of Final Rule for Milk Order Reform.--Subject to subsection (c), the final rule shall take effect, and be implemented by the Secretary of Agriculture, on the first day of the first month beginning at least 30 days after the date of the enactment of this Act. (c) Use of Option 1A for Pricing Class I Milk.--In lieu of the Class I price differentials specified in the final rule, the Secretary of Agriculture shall price fluid or Class I milk under the Federal milk marketing orders using the Class I price differentials identified as Option 1A ``Location-Specific Differentials Analysis'' in the proposed rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 4802, 4809), except that the Secretary shall include the corrections and modifications to such Class I differentials made by the Secretary through April 2, 1999. (d) Effect of Prior Announcement of Minimum Prices.--If the Secretary of Agriculture announces minimum prices for milk under Federal milk marketing orders pursuant to section 1000.50 of title 7, Code of Federal Regulations, before the effective date specified in subsection (b), the minimum prices so announced before that date shall be the only applicable minimum prices under Federal milk marketing orders for the month or months for which the prices have been announced. (e) Implementation of Requirement.--The implementation of the final rule, as modified by subsection (c), shall not be subject to any of the following: (1) The notice and hearing requirements of section 8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, or the notice and comment provisions of section 553 of title 5, United States Code. (2) A referendum conducted by the Secretary of Agriculture pursuant to subsections (17) or (19) of section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937. (3) The Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking. (4) Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act). (5) Any decision, restraining order, or injunction issued by a United States court before the date of the enactment of this Act. SEC. 2. FURTHER RULEMAKING TO DEVELOP PRICING METHODS FOR CLASS III AND CLASS IV MILK UNDER MARKETING ORDERS. (a) Congressional Finding.--The Class III and Class IV milk pricing formulas included in the final decision for the consolidation and reform of Federal milk marketing orders, as published in the Federal Register on April 2, 1999 (64 Fed. Reg. 16025), do not adequately reflect public comment on the original proposed rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 4802), and are sufficiently different from the proposed rule and any comments submitted with regard to the proposed rule that further emergency rulemaking is merited. (b) Rulemaking Required.--The Secretary of Agriculture shall conduct rulemaking, on the record after an opportunity for an agency hearing, to reconsider the Class III and Class IV milk pricing formulas included in the final rule for the consolidation and reform of Federal milk marketing orders that was published in the Federal Register on September 1, 1999 (64 Fed. Reg. 47897-48021). (c) Time Period for Rulemaking.--On December 1, 2000, the Secretary of Agriculture shall publish in the Federal Register a final decision on the Class III and Class IV milk pricing formulas. The resulting formulas shall take effect, and be implemented by the Secretary, on January 1, 2001. (d) Effect of Court Order.--The actions authorized by subsections (b) and (c) are intended to ensure the timely publication and implementation of new pricing formulas for Class III and Class IV milk. In the event that the Secretary of Agriculture is enjoined or otherwise restrained by a court order from implementing a final decision within the time period specified in subsection (c), the length of time for which that injunction or other restraining order is effective shall be added to the time limitations specified in subsection (c) thereby extending those time limitations by a period of time equal to the period of time for which the injunction or other restraining order is effective. (e) Failure To Timely Complete Rulemaking.--If the Secretary of Agriculture fails to implement new Class III and Class IV milk pricing formulas within the time period required under subsection (c) (plus any additional period provided under subsection (d)), the Secretary may not assess or collect assessments from milk producers or handlers under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, for marketing order administration and services provided under such section after the end of that period until the pricing formulas are implemented. The Secretary may not reduce the level of services provided under that section on account of the prohibition against assessments, but shall rather cover the cost of marketing order administration and services through funds available for the Agricultural Marketing Service of the Department. (f) Implementation of Requirement.--The implementation of the final decision on new Class III and Class IV milk pricing formulas shall not be subject to congressional review under chapter 8 of title 5, United States Code. SEC. 3. DAIRY FORWARD PRICING PROGRAM. The Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following new section: ``SEC. 23. DAIRY FORWARD PRICING PILOT PROGRAM. ``(a) Pilot Program Required.--Not later than 90 days after the date of the enactment of this section, the Secretary of Agriculture shall establish a temporary pilot program under which milk producers and cooperatives are authorized to voluntarily enter into forward price contracts with milk handlers. ``(b) Minimum Milk Price Requirements.--Payments made by milk handlers to milk producers and cooperatives, and prices received by milk producers and cooperatives, under the forward contracts shall be deemed to satisfy-- ``(1) all regulated minimum milk price requirements of paragraphs (B) and (F) of subsection (5) of section 8c; and ``(2) the requirement of paragraph (C) of such subsection regarding total payments by each handler. ``(c) Milk Covered by Pilot Program.-- ``(1) Covered milk.--The pilot program shall apply only with respect to the marketing of federally regulated milk that-- ``(A) is not classified as Class I milk or otherwise intended for fluid use; and ``(B) is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects interstate or foreign commerce in federally regulated milk. ``(2) Relation to class i milk.--To assist milk handlers in complying with the limitation in paragraph (1)(A) without having to segregate or otherwise individually track the source and disposition of milk, a milk handler may allocate milk receipts from producers, cooperatives, and other sources that are not subject to a forward contract to satisfy the handler's obligations with regard to Class I milk usage. ``(d) Duration.--The authority of the Secretary of Agriculture to carry out the pilot program shall terminate on December 31, 2004. No forward price contract entered into under the program may extend beyond that date. ``(e) Study and Report on Effect of Pilot Program.-- ``(1) Study.--The Secretary of Agriculture shall conduct a study on forward contracting between milk producers and cooperatives and milk handlers to determine the impact on milk prices paid to producers in the United States. To obtain information for the study, the Secretary may use the authorities available to the Secretary under section 8d, subject to the confidentiality requirements of subsection (2) of such section. ``(2) Report.--Not later than April 30, 2002, the Secretary shall submit to the Committee on Agriculture, Nutrition and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report containing the results of the study.''. SEC. 4. CONTINUATION OF CONGRESSIONAL CONSENT FOR NORTHEAST INTERSTATE DAIRY COMPACT. Section 147(3) of the Agricultural Market Transition Act (7 U.S.C. 7256(3)) is amended by striking ``concurrent with'' and all that follows through the period at the end and inserting ``on September 30, 2001.''.
States that if the Secretary announces minimum milk prices under a marketing order prior to implementation of the rule under this Act, such prices shall be the applicable minimum prices for the months so covered. States that the Option 1A requirement shall not be subject to specified requirements regarding: (1) notice and hearing; (2) referendum; (3) rulemaking notice and public participation; (4) paperwork reduction; and (5) judicial decision or order. (Sec. 2) Expresses the congressional finding that certain Class III and IV milk pricing formulas require further emergency rulemaking because they do not adequately reflect public comment and are sufficiently different from the proposed rule. States that the Secretary shall: (1) conduct formal rulemaking, and implement such final formulas on January 1, 2001 (with an extension if necessitated by judicial restraining order); and (2) collect no marketing order assessments (without reducing service levels) during any period of noncompliance with such time frame. (Sec. 3) Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to direct the Secretary to implement a dairy forward pricing pilot program through December 31, 2004. Applies such program to federally regulated milk that: (1) is not Class I milk or otherwise intended for fluid use; and (2) is in or directly affects interstate or foreign milk commerce. Directs the Secretary to study the impact of forward contracting on milk prices paid to U.S. producers. (Sec. 4) Amends the Agricultural Market Transition Act to extend congressional consent for the Northeast Interstate Dairy Compact through September 30, 2001.
{"src": "billsum_train", "title": "To provide for the modification and implementation of the final rule for the consideration and reform of Federal milk marketing orders, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Tax Relief for Working Older Americans''. SEC. 2. FINDINGS. The Congress finds that-- (1) no American should be unfairly discouraged from working; (2) older Americans are currently severely penalized for attempting to continue to work past the Federal retirement age; (3) an older American that earns just $10,560 annually will face an effective Federal marginal tax rate of 56 percent; (4) continued American economic strength and prosperity will require retaining our most experienced and dependable workers; (5) By eliminating the $200,000,000 administrative expense spent each year by the Social Security Administration enforcing the earning penalties, and encouraging more older Americans to continue to work while productive, Federal revenues would be increased by over $140,000,000, and a significant increase in Social Security reserves would accrue as well. SEC. 3. REPEAL OF TAX PENALTY ON OLDER AMERICANS. (a) Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in paragraph (1) of subsection (c), paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(l))''; (2) in subsection (f)(1)(B), by striking ``age seventy'' and inserting ``retirement age (as defined in section 216(l))''; (3) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``multiplied by the number of months in such year'' and inserting ``50 percent of his earnings for such year in excess of the product derived by multiplying the applicable exempt amount as determined under paragraph (8) by the number of months in such year'', and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''; (4) in subsection (g)-- (A) by striking ``attained age 70'' and inserting ``attained the age of retirement (as defined in section 216(l))'', and (B) by striking ``under age 70'' and inserting ``under the age of retirement (as defined in section 216(l))''; (5) in subsection (j)-- (A) by striking ``age seventy'' in the heading and inserting ``retirement age'', and (B) by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(l))''. SEC. 4. CONFORMING AND RELATED AMENDMENTS. (a) Section 203 of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended-- (1) in the last sentence of subsection (c), by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; (2) in subsection (f)(1) by striking clause (D) and inserting the following ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60, or''; (3) in subsection (f)(8)(A), by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals which are to be applicable'' and inserting ``the new exempt amount which is to be applicable''; (4) in subsection (f)(8)(B)-- (A) by striking all that precedes clause (i) and inserting the following: ``(B) The exempt amount which is applicable for each month of a particular taxable year shall be whichever of the following is the larger--'', (B) in clause (i), by striking ``corresponding'', and (C) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''; (b) Section 203(f)(8)(D) of such Act (42 U.S.C. 403(f)(8)(D)) is repealed. (c) Section 202(w)(2)(B)(ii) of such Act is amended-- (1) by striking ``either''; and (2) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. SEC. 5. EFFECTIVE DATE. The amendments and repeals made by this Act shall be effective with respect to taxable years ending after December 31, 1993.
Fair Tax Relief for Working Older Americans - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise excess earnings provisions in order to eliminate the tax and earnings penalties imposed on the wage income of individuals who have attained retirement age.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Crib Safety Act.''. SEC. 2. FINDINGS, PURPOSE. (a) Findings.--Congress finds that-- (1) The disability and death of infants resulting from injuries sustained in crib incidents are a serious threat to the public health, welfare, and safety of people of this country. (2) The design and construction of a baby crib must ensure that it is safe to leave an infant unattended for extended periods of time. A parent or caregiver has a right to believe that the crib in use is a safe place to leave an infant. (3) Each year more than 9,000 children ages 4 and under are injured in cribs seriously enough to require hospital treatment. (4) Each year at least 45 children ages 4 and under die from injuries sustained in cribs. (5) The United States Consumer Product Safety Commission estimates that the cost to society resulting from deaths due to cribs is 225 million dollars per year. (6) Secondhand, hand-me-down, and heirloom cribs pose a special problem. There are nearly 4 million infants born in this country each year, but only one million new cribs sold. As many as 2 out of 4 infants are placed in secondhand, hand-me- down, or heirloom cribs. (7) Most crib deaths occur in secondhand, hand-me-down, or heirloom cribs. (8) Existing State and Federal legislation is inadequate to deal with the hazard presented by secondhand, hand-me-down, or heirloom cribs . (9) Prohibiting the contracting to sell, resell, lease, sublease of unsafe cribs which are not new, or otherwise place in the stream of commerce unsafe secondhand, hand-me-down, or heirloom cribs, will prevent injuries and deaths caused by cribs. (b) Purposes.--The purpose of this Act is to prevent the occurrence of injuries and deaths to infants as a result of unsafe cribs by making it illegal to manufacture, sell, or contract to sell any crib which is unsafe for any infant using the crib and to resell, lease, sublet, or otherwise place in the stream of commerce, after the effective date of this Act, any crib which is not new and which is unsafe for any infant using the crib. SEC. 3. DEFINITIONS. As used in this title: (1) Infant.--The term ``infant'' means any person less than 35 inches tall or less than 2 years of age. (2) Crib.--The term ``crib'' means a bed designed to provide a sleeping accommodation for an infant. (3) Full-size crib.--The term ``full-size crib'' means a full-size crib as defined in section 1508.1 of title 16 of the Code of Federal Regulations and regarding the requirements for full-size cribs. (4) Non full-size crib.--The term ``non-full size crib'' means a non-full size crib as defined in section 1509.2(b) of title 16 of the Code of Federal Regulations and American Society for Testing Materials Voluntary Standards F. 1822 regarding the requirements for non full-size cribs. (5) Commercial user.--The term ``commercial user'' means any person-- (A) who manufactures, sells, or contracts to sell full-size or non full-size cribs; or (B) who deals in full-size or non full-size cribs which are not new or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to the full-size or non full-size cribs, including child care facilities and family child care homes, or any person who is in the business of contracting to sell or resell, lease, sublet, or otherwise placing in the stream of commerce full-size or non full-size cribs which are not new. SEC. 4. PROHIBITIONS. (a) In General.--It shall be unlawful for any commercial user-- (1) to manufacture, sell, or contract to sell, on or after the effective date of this Act, any full-size or non full-size crib which is unsafe for any infant using the crib; or (2) to sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, on or after the effective date of this Act, any full-size or non full-size crib which is not new and which is unsafe for any infant using the crib. (b) Lodgings.--It shall be unlawful for any hotel, motel and similar transient lodging facility to offer or provide for use or otherwise place in the stream of commerce, on or after the effective date of this Act, any full-size or non full-size crib which is unsafe for any infant using the crib. SEC. 5. CRIB STANDARDS. A crib shall be presumed to be unsafe under this Act if it does not conform to all of the following: (1) Part 1508 (commencing with section 1508.1) of title 16 of the Code of Federal Regulations; (2) Part 1509 (commencing with section 1509.1) of title 16 of the Code of Federal Regulations; (3) Part 1303 (commencing with section 1303.1) of title 16 of the Code of Federal Regulations; (4) American Society for Testing Materials Voluntary Standards F966; (5) American Society for Testing Materials Voluntary Standards F1169; (6) American Society for Testing Materials Voluntary Standards F1822; and (7) Any regulations that are adopted in order to amend or supplement the regulations described in paragraphs (1) through (6) of this section. SEC. 6. EXCEPTIONS. A crib that is not intended for use by an infant, including a toy or display item, shall be exempt from this Act if the crib is accompanied at the time of manufacturing, contract to sell or resell, leasing, subletting, or otherwise placed in the stream of commerce by a notice to be furnished by the commercial user declaring that the crib is not intended to be used for an infant and is dangerous to use for an infant. SEC. 7. ENFORCEMENT. (a) Fine.--Any commercial user, hotel, motel, or similar transient lodging facility who knowingly violates section 4 is punishable by a fine not exceeding $1,000. (b) Injunction.--Any person may maintain an action in a district court of the United States against any commercial user, hotel, motel, or similar transient lodging facility who violates section 4 to enjoin the manufacture, sale, contract to sell, contract to resell, lease, subletting, or otherwise place in the stream of commerce any full-size or non full-size crib which is unsafe for any infant using the crib, and for reasonable attorneys fees and costs. SEC. 8. REMEDIES. Fines or other remedies available under this Act are in addition to any other fines, penalties, remedies, or procedures under any other provision of law. SEC. 9. EFFECTIVE DATE. This Act shall become effective 90 days from the date of its enactment.
Authorizes a fine and injunction against violators of this Act.
{"src": "billsum_train", "title": "Infant Crib Safety Act"}
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SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF TELEVISIONS SUBJECT TO DUMPING. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of subsection (b), the United States Customs Service shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) at the rate of duty that would have been applicable to such merchandise on the date of entry and the amount of the antidumping duty described in such subsection. (b) Requests.--Reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefor is filed with the Customs Service within 90 days after the date of enactment of this Act and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located. (c) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid not later than 90 days after the date of such liquidation or reliquidation. (d) Entries Described.-- (1) Antidumping duty of 2.2 percent.--The entries described in this paragraph shall be reliquidated at an antidumping rate of duty of 2.2 percent: ------------------------------------------------------------------------ Entry number Port of entry Date of entry ------------------------------------------------------------------------ 8390 41175 2704 09/23/83 8343 01399 2704 08/17/83 8412 70594 2704 10/05/83 8412 76857 2704 10/18/83 8412 80568 2704 10/20/83 8412 82016 2704 10/25/83 8412 85084 2704 11/02/83 8412 90765 2704 11/18/83 8413 01832 2704 12/09/83 8413 01858 2704 12/13/83 8413 01861 2704 12/11/83 8413 03924 2704 12/21/83 8413 03937 2704 12/21/83 8413 06853 2704 12/27/83 8413 07742 2704 01/02/84 8413 09944 2704 01/07/84 8413 13642 2704 01/20/84 8413 15802 2704 01/27/84 8413 24071 2704 01/31/84 8413 27201 2704 02/08/84 8413 35028 2704 02/27/84 8413 35031 2704 02/27/84 8413 37343 2704 03/06/84 8365 73387 3901 05/23/83 8365 74250 3901 06/02/83 8365 75437 3901 06/14/83 8365 77118 3901 07/01/83 8365 78120 3901 07/13/83 8365 79080 3901 07/27/83 8365 81094 3901 08/17/83 8365 83144 3901 09/08/83 8365 83429 3901 09/09/83 8365 84839 3901 10/05/83 8413 01845 2704 12/09/83 8413 09863 2704 01/06/84 8467 42386 3901 10/05/83 8467 51843 3901 12/30/83 ------------------------------------------------------------------------ (2) Antidumping duty of 1.75 percent.--The entries described in this paragraph shall be reliquidated at an antidumping rate of duty of 1.75 percent: ------------------------------------------------------------------------ Entry number Port of entry Date of entry ------------------------------------------------------------------------ 8413 58513 2704 05/09/84 8413 58526 2704 05/09/84 8413 58539 2704 05/14/84 8413 58542 2704 05/14/84 8413 58555 2704 05/11/84 8413 58568 2704 05/09/84 8413 64031 2704 05/23/84 8413 65797 2704 06/06/84 8413 65852 2704 06/06/84 8413 66152 2704 06/11/84 8413 66181 2704 06/13/84 8413 66194 2704 06/07/84 8413 66482 2704 06/26/84 8467 67772 3901 08/01/84 8467 69026 3901 06/13/84 8479 77684 3901 09/25/84 8491 45401 2704 06/21/84 8491 45414 2704 06/21/84 8491 45427 2704 06/25/84 8491 45430 2704 06/25/84 8491 50580 2704 07/12/84 8491 50593 2704 07/13/84 8491 52795 2704 07/12/84 8491 54298 2704 07/17/84 8491 57350 2704 07/24/84 8491 57389 2704 07/21/84 8491 57392 2704 07/26/84 8491 68750 2704 08/06/84 8491 70544 2704 08/07/84 8491 70748 2704 08/14/84 8491 74414 2704 08/23/84 8491 75633 2704 08/17/84 8491 75659 2704 08/15/84 8491 75662 2704 08/15/84 8491 77903 2704 08/21/84 8491 77916 2704 08/23/84 8491 77929 2704 09/11/84 8491 78504 2704 08/28/84 8491 79383 2704 09/02/84 8491 79930 2704 09/02/84 8491 84954 2704 09/21/84 8491 84967 2704 09/21/84 8491 87197 2704 09/29/84 8538 51914 2704 11/13/84 8538 55224 2704 11/08/84 8538 58836 2704 11/05/84 8538 60060 2704 10/29/84 8538 60073 2704 10/29/84 8538 60086 2704 10/26/84 8538 64655 2704 11/27/84 8538 65939 2704 11/19/84 8538 68965 2704 10/17/84 8538 68978 2704 10/17/84 8538 70047 2704 10/08/84 8538 71347 2704 10/11/84 8538 71486 2704 10/14/84 8538 73989 2704 10/04/84 8538 76290 2704 12/03/84 8538 78337 2704 12/14/84 8538 79954 2704 12/17/84 8538 80697 2704 12/18/84 8538 82789 2704 12/26/84 8538 84279 2704 01/09/85 8538 85809 2704 01/08/85 8538 85812 2704 01/14/85 8538 85825 2704 01/08/85 8538 93406 2704 01/29/85 8538 94337 2704 02/04/85 8538 96270 2704 02/19/85 8538 96283 2704 02/21/85 8538 97266 2704 02/27/85 ------------------------------------------------------------------------ (3) Antidumping duty of 2.55 percent.--The entry described in this paragraph shall be reliquidated at an antidumping rate of duty of 2.55 percent: ------------------------------------------------------------------------ Entry number Port of entry Date of entry ------------------------------------------------------------------------ 8641 98116 2704 02/13/86 ------------------------------------------------------------------------
Directs the U.S. Customs Service, upon request, to liquidate or reliquidate certain entries at the rate of duty that would have been applicable on the date of entry and the amount of the antidumping duty, as specified.
{"src": "billsum_train", "title": "A bill to provide for reliquidation and payment of antidumping duties on certain entries of televisions."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Presidential Selection Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) Caucus.--The term ``caucus'' means any convention, meeting, or series of meetings held for the selection of delegates to a national Presidential nominating convention of a political party. (2) Election year.--The term ``election year'' means a year during which a Presidential election is to be held. (3) National committee.--The term ``national committee'' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Federal Election Commission. (4) Political party.--The term ``political party'' means an association, committee, or organization which-- (A) nominates a candidate for election to any Federal office whose name appears on the election ballot as the candidate of such association, committee, or organization; and (B) won electoral votes in the preceding Presidential election. (5) Primary.--The term ``primary'' means a primary election held for the selection of delegates to a national Presidential nominating convention of a political party, but does not include a caucus, convention, or other indirect means of selection. (6) State committee.--The term ``State committee'' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Federal Election Commission. SEC. 3. SCHEDULE. (a) Schedule.-- (1) First election cycle.--Subject to paragraph (3), in 2004, each State shall hold a primary in accordance with this Act, according to the following schedule: (A) Region i.--Each State in Region I shall hold a primary on the first Tuesday in March. (B) Region ii.--Each State in Region II shall hold a primary on the first Tuesday in April. (C) Region iii.--Each State in Region III shall hold a primary on the first Tuesday in May. (D) Region iv.--Each State in Region IV shall hold a primary on the first Tuesday in June. (2) Subsequent election cycles.-- (A) General rule.--Subject to paragraph (3), except as provided in subparagraph (B), in each subsequent election year after 2004, each State in each region shall hold a primary on the first Tuesday of the month following the month in which the State held a primary in the preceding election year. (B) Limitation.--If the States in a region were required to hold primaries on the first Tuesday in June of the preceding election year, such States shall hold primaries on the first Tuesday in March of the succeeding election year. (3) Exception.--If all but one of the seriously considered candidates withdraw from a primary in a State before the date on which the primary for such State is scheduled, the State may cancel the primary in the State. (b) Regions.--For purposes of subsection (a): (1) Region i.--Region I shall be comprised of the following: (A) Connecticut. (B) Delaware. (C) District of Columbia. (D) Maine. (E) Maryland. (F) Massachusetts. (G) New Hampshire. (H) New Jersey. (I) New York. (J) Pennsylvania. (K) Rhode Island. (L) Vermont. (M) West Virginia. (2) Region ii.--Region II shall be comprised of the following: (A) Alabama. (B) Arkansas. (C) Florida. (D) Georgia. (E) Kentucky. (F) Louisiana. (G) Mississippi. (H) North Carolina. (I) Oklahoma. (J) South Carolina. (K) Tennessee. (L) Texas. (M) Virginia. (3) Region iii.--Region III shall be comprised of the following: (A) Illinois. (B) Indiana. (C) Iowa. (D) Kansas. (E) Michigan. (F) Minnesota. (G) Missouri. (H) Nebraska. (I) North Dakota. (J) Ohio. (K) South Dakota. (L) Wisconsin. (4) Region iv.--Region IV shall be comprised of the following: (A) Alaska. (B) Arizona. (C) California. (D) Colorado. (E) Hawaii. (F) Idaho. (G) Montana. (H) Nevada. (I) New Mexico. (J) Oregon. (K) Utah. (L) Washington. (M) Wyoming. (5) Territories.--The national committees shall jointly determine the region of each territory of the United States. SEC. 4. QUALIFICATION FOR BALLOT. (a) Certification by Federal Election Commission.--The Federal Election Commission shall certify to the States in the relevant region the names of all seriously considered candidates of each political party-- (1) for the first primary in the election year, not later than 6 weeks before such primary; and (2) in the subsequent primaries in the election year, not later than one week after the preceding primary in such election year. (b) State Primary Ballots.--Each State shall include on the State's primary ballot-- (1) the names certified by the Federal Election Commission; and (2) any other names determined by the appropriate State committee. SEC. 5. VOTING AT NATIONAL PARTY CONVENTIONS BY STATE DELEGATES. (a) In General.--Each State committee shall establish a procedure for the apportionment of delegates to the national Presidential nominating convention of each political party based on one of the following models: (1) Winner-take-all.--A binding, winner-take-all system in which the results of the primary bind each member of the State delegation or Congressional district delegation (or combination thereof) to the national convention to cast a vote for the primary winner in the State. (2) Proportionate preference.--A binding proportionate representation system in which the results of the State primary are used to allocate members of the State delegation or Congressional district delegation (or combination thereof) to the national convention to Presidential candidates based on the proportion of the vote for some or all of the candidates received in the primary in the State. (b) Selection of Delegates.-- (1) Submission of names.--Not later than the date on which a candidate is certified on the ballot for a State, such candidate shall submit to the State committee, in priority order, a list of names of individuals proposed by the candidate to serve as delegates for such candidate. (2) Selection.--Delegates apportioned to represent a candidate pursuant to the procedure established under subsection (a) shall be selected according to the list submitted by the candidate pursuant to paragraph (1). (c) Voting at the National Conventions.--Each delegate to a national convention who is required to vote for the winner of the State primary under the system established under subsection (a) shall so vote for at least 2 ballots at the national convention, unless released by the winner of the State primary to which such delegate's vote is pledged. SEC. 6. OPTIONAL STATE CAUCUS TO SELECT DELEGATES. (a) Election.--Instead of, or in addition to, holding the primary required under section 3, a State may elect to select delegates to a national Presidential nominating convention of a political party in accordance with this section, through a caucus held by any political party which has the authority to nominate a candidate. (b) Schedule.--A State that makes an election under subsection (a) shall ensure that the caucus does not commence earlier than the date such State otherwise would be required to hold a primary under section 3. (c) Qualification for Ballot.--A State committee of a political party that holds a caucus shall certify and include candidates in the same manner provided under section 4. (d) Voting at National Party Conventions by State Delegates.--Each State committee shall establish a procedure for the apportionment of delegates to the national Presidential nominating convention of each political party and the method of selecting such delegates. SEC. 7. EFFECTIVE DATE. This Act shall apply with respect to any primary or caucus held in connection with a general election held in the year 2004 and in each election year thereafter.
Requires: (1) the Federal Election Commission (FEC) to certify to the States in the relevant region the names of all seriously considered candidates of each political party; and (2) each State to include on its primary ballot the names certified by the FEC and any other names determined by the appropriate State committee. Directs each State committee to establish a procedure for the apportionment of delegates to the national conventions of each political party based on either the winner-take-all or the proportionate preference method. Prescribes delegate selection and voting at the national conventions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Greener Government Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) The policies and programs of the Federal Government should encourage sustainable economic development. (2) The Federal Government spends substantial sums annually on the development of new technologies. (3) The development of environmental technologies can enhance the economic competitiveness and environmental security of the United States. (4) In order to contribute to the achievement of sustainable economic development and to promote the economic and environmental security of the United States, environmental concerns should be incorporated into the technology development programs of the Federal Government. SEC. 3. ENVIRONMENTALLY SOUND TECHNOLOGIES IN ONGOING PROGRAMS. (a) Stevenson-Wydler Amendments.--The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701) is amended-- (1) in section 2(2), by inserting ``greater environmental sustainability,'' after ``employment opportunities,''; (2) in section 3(1), by inserting ``for sustainable economic development'' after ``stimulate technology''; (3) in section 4, by adding at the end the following new paragraph: ``(14) `Sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials;''; (4) in section 6(a), by inserting ``and sustainable economic development in their regions'' after ``enhance the competitiveness of American business''; (5) in section 6(d), by inserting ``and sustainable economic development of their regions'' after ``enhance the competitiveness of American businesses''; (6) in section 7(a), by inserting ``and sustainable economic development'' after ``enhance technological innovation''; (7) in section 7(c)(1), by striking ``economic competitiveness'' and inserting ``sustainable economic development''; (8) in section 9(a), by inserting ``and sustainable economic development'' after ``enhance technological innovation''; and (9) in section 11(c)(1) by inserting ``and would enhance sustainable economic development'' after ``commercial applications''. (b) NIST Amendments.--The National Institute of Standards and Technology Act (15 U.S.C. 271) is amended-- (1) in section 1(b)(1), by inserting ``sustainable economic development,'' after ``improved product reliability and manufacturing processes,''; (2) in section 1, by adding after subsection (b) the following new subsection: ``(c) For purposes of the this section, the term `sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.''; and (3) in section 2(b)(1), by inserting ``to enhance sustainable economic development (as that term is defined in section 1(c))'' after ``to improve quality,''. (c) NASA Amendments.--The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 note) is amended-- (1) in section 102(d)-- (A) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (7), (8), (9), and (10), respectively; and (B) by inserting after paragraph (5) the following new paragraph: ``(6) The making available to Federal and non-Federal entities of the United States, technologies that will enhance the sustainable economic development of the Nation.''; and (2) in section 103-- (A) by striking ``; and'' in paragraph (1) and inserting a semicolon; (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) the term `sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.''. (d) NSF Amendments.-- (1) Functions.--Section 3(a) of the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting a semicolon; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(8) to foster education and research that would promote sustainable economic development nationally and internationally.''. (2) Definition.--Subsection (g) of section 14 of such Act is amended to read as follows: ``(g) For purposes of this Act: ``(1) The term `United States' when used in a geographical sense means the States, the District of Columbia, the Commonwealth of Puerto Rico, and all territories and possessions of the United States. ``(2) The term `sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.''. (e) Title 10 Amendments.-- (1) In general.--Section 2501(b) of title 10, United States Code, is amended by striking ``economic growth'' in paragraphs (1) and (2) and inserting ``sustainable economic development''. (2) Definition.--Section 2491 of such title is amended by adding at the end the following new paragraph: ``(13) The term `sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.''. (f) Title 49 Amendment.--Section 101(b)(4) of title 49, United States Code, is amended by inserting ``and sustainable economic development (as defined in section 4(14) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(14))'' after ``technological advances''.
Greener Government Act of 1993 - Provides for the incorporation of environmentally sound principles in programs under the Stevenson-Wydler Technology Innovation Act of 1980, the National Institute of Standards and Technology Act, the National Aeronautics and Space Act of 1958, and the National Science Foundation Act of 1950.
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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 2000''. (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 individuals and private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident investigation theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board.''. (b) Deposit of Amounts.-- (1) Section 1113(b)(2) is amended-- (A) by inserting ``as offsetting collections'' after ``to be credited''; and (B) by adding after ``Board.'' the following: ``The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.''. (2) Section 1114(a) is amended-- (A) by inserting ``(1)'' before ``Except''; and (B) by adding at the end thereof the following: ``(2) The Board shall deposit in the Treasury amounts received under paragraph (1) to be credited to the appropriation of the Board as offsetting collections.''. (3) Section 1115(d) is amended by striking ``of the `National Transportation Safety Board, Salaries and Expenses''' and inserting ``of the Board''. 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 any fiscal year in a total amount that exceeds 1.5 percent of the amount appropriated to carry out this chapter for that fiscal year. ``(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, 2002, and annually thereafter, the Board shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House Transportation and Infrastructure Committee 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 that 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) by striking ``Voice'' in the subsection heading; (2) by striking ``cockpit voice recorder'' in paragraphs (1) and (2) and inserting ``cockpit voice or video recorder''; and (3) by inserting ``or any written depiction of visual information'' after ``transcript'' in the second sentence of paragraph (1). (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 (e) 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) by striking the section heading and inserting the following: ``Sec. 1154. Discovery and use of cockpit and surface vehicle recordings and transcripts''; (B) by striking ``cockpit voice recorder'' each place it appears in subsection (a) and inserting ``cockpit or surface vehicle recorder''; (C) by striking ``section 1114(c)'' each place it appears in subsection (a) and inserting ``section 1114(c) or 1114(d)''; and (D) by adding at the end the following: ``(6) In this subsection: ``(A) Recorder.--The term `recorder' means a voice or video recorder. ``(B) Transcript.--The term `transcript' includes any written depiction of visual information obtained from a video recorder.''. (2) Conforming amendment.--The chapter analysis 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.''. 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 Federal law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under subparagraph (A), (B), (C), or (D) of paragraph (1) 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. MEMORANDUM OF UNDERSTANDING. Not later than 1 year after the date of the enactment of this Act, the National Transportation Safety Board and the United States Coast Guard shall revise their Memorandum of Understanding governing major marine accidents-- (1) to redefine or clarify the standards used to determine when the National Transportation Safety Board will lead an investigation; and (2) to develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions. SEC. 9. TRAVEL BUDGETS. The Chairman of the National Transportation Safety Board shall establish annual fiscal year budgets for non-accident-related travel expenditures for Board members which shall be approved by the Board and submitted to the Senate Committee on Commerce, Science, and Transportation and to the House of Representatives Committee on Transportation and Infrastructure together with an annual report detailing the non-accident-related travel of each Board member. The report shall include separate accounting for foreign and domestic travel, including any personnel or other expenses associated with that travel. SEC. 10. CHIEF FINANCIAL OFFICER. Section 1111 is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) Chief Financial Officer.--The Chairman shall designate an officer or employee of the Board as the Chief Financial Officer. The Chief Financial Officer shall-- ``(1) report directly to the Chairman on financial management and budget execution; ``(2) direct, manage, and provide policy guidance and oversight on financial management and property and inventory control; and ``(3) review the fees, rents, and other charges imposed by the Board for services and things of value it provides, and suggest appropriate revisions to those charges to reflect costs incurred by the Board in providing those services and things of value.''. SEC. 11. IMPROVED AUDIT PROCEDURES. The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall develop and implement comprehensive internal audit controls for its financial programs based on the findings and recommendations of the private sector audit firm contract entered into by the Board in March, 2000. The improved internal audit controls shall, at a minimum, address Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control. SEC. 12. 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, property 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 subchapter analysis for such subchapter is amended by adding at the end the following: ``1137. Authority of the Inspector General.''. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. Section 1118 is amended to read as follows: ``Sec. 1118. Authorization of appropriations ``(a) In General.--There are 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 to remain available until expended. ``(b) Emergency Fund.--The Board has an emergency fund of $2,000,000 available for necessary expenses of the Board, not otherwise provided for, for accident investigations. Amounts equal to the amounts expended annually out of the fund are authorized to be appropriated to the emergency fund.''. SEC. 14. CREDITING OF LAW ENFORCEMENT FLIGHT TIME. In determining whether an individual meets the aeronautical experience requirements imposed under section 44703 of title 49, United States Code, for an airman certificate or rating, the Secretary of Transportation shall take into account any time spent by that individual operating a public aircraft as defined in section 40102 of title 49, United States Code, if that aircraft is-- (1) identifiable by category and class; and (2) used in law enforcement activities. SEC. 15. TECHNICAL CORRECTION. Section 46301(d)(2) of title 49, United States Code, is amended by striking ``46302, 46303,'' and inserting ``46301(b), 46302, 46303, 46318,''. SEC. 16. CONFIRMATION OF INTERIM FINAL RULE ISSUANCE UNDER SECTION 45301. The publication, by the Department of Transportation, Federal Aviation Administration, in the Federal Register of June 6, 2000 (65 FR 36002) of an interim final rule concerning Fees for FAA Services for Certain Flights (Docket No. FAA-00-7018) is deemed to have been issued in accordance with the requirements of section 45301(b)(2) of title 49, United States Code. SEC. 17. AERONAUTICAL CHARTING. (a) In General.--Section 44721 of title 49, United States Code, is amended-- (1) by striking paragraphs (3) and (4) of subsection (c); and (2) by adding at the end of subsection (g)(1) the following: ``(D) Continuation of prices.--The price of any product created under subsection (d) may correspond to the price of a comparable product produced by a department of the United States Government as that price was in effect on September 30, 2000, and may remain in effect until modified by regulation under section 9701 of title 31, United States Code.''; and (3) by adding at the end of subsection (g) the following: ``(5) Crediting amounts received.--Notwithstanding any other provision of law, amounts received for the sale of products created and services performed under this section shall be fully credited to the account of the Federal Aviation Administration that funded the provision of the products or services and shall remain available until expended.''. (b) Effective Date.--The amendments made by subsection (a) take effect on October 1, 2000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
(Sec. 4) Authorizes the Board, for an employee whose basic pay equals or exceeds the minimum rate for GS-10 of the General Schedule, to establish an overtime hourly rate of time-and-a-half (which shall be considered premium pay), up to a specified annual limit, with respect to work performed at the scene of an accident (including travel to or from the scene) and other work critical to an accident investigation. Limits the total amount of overtime pay that can be paid out in any given fiscal year. (Sec. 5) Extends to cockpit video recordings or written depictions of visual information the same disclosure limitations and requirements (including those applicable to discovery and use of such recordings or written depictions in judicial proceedings) that apply to cockpit voice recordings or transcripts of them. Extends such disclosure limitations and requirements to surface vehicle voice or video recorder recordings or transcripts 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. (Sec. 6) Revises the Board's current investigative priority over other Federal agencies to require the Board to relinquish such priority to the Federal Bureau of Investigation if the Attorney General determines that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act. Requires the Board to take necessary actions to ensure that evidence is preserved if a Federal law enforcement agency suspects and notifies the Board that an accident the Board is investigating may have been caused by an intentional criminal act. (Sec. 7) Revises the duties and powers of the Board with respect to accidents involving public aircraft. (Sec. 8) Requires the Board and the U.S. Coast Guard to revise their Memorandum of Understanding governing major marine accidents to: (1) to redefine or clarify the standards used to determine when the Board will lead an investigation; and (2) develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions. (Sec. 9) Directs the Chairman of the Board to establish annual fiscal year budgets for approved non-accident-related travel expenditures for Board members, and report annually to specified congressional committees on the non-accident-related travel of each Board member, with separate accounting for foreign and domestic travel. (Sec. 10) Requires the Board Chairman to designate an officer or employee of the Board as the Chief Financial Officer, who shall perform specified duties. (Sec. 11) Directs the Board to develop and implement comprehensive internal audit controls for its financial programs based on the findings and recommendations of the private sector audit firm contract entered into by the Board in March, 2000. Requires the improved internal audit controls, at a minimum, to address Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control. (Sec. 12) Grants the Inspector General of the Department of Transportation authority to review only the Board's financial management, property management, and business operations. (Sec. 13) Authorizes appropriations for the Board through FY 2002. Increases from $1 million to $2 million the Board's emergency fund for accident investigations. (Sec. 14) Requires the Secretary in determining whether a pilot meets certain aeronautical experience requirements for a pilot certificate or rating to take into account time spent by such pilot operating a public aircraft that meets certain criteria. (Sec. 16) Declares that the publication by the Federal Aviation Administration (FAA) of an interim final rule concerning Fees for FAA Services for Certain Flights (Docket No. FAA-00-7018) in the Federal Register of June 6, 2000, shall be deemed in compliance with certain publication and public comment requirements. (Sec. 17) Sets forth requirements with respect to: (1) the continuation of sale prices (in effect as of September 30, 2000) for aeronautical maps and charts produced by the Office of Aeronautical Charting and Cartography of the National Oceanic and Atmospheric Administration; and (2) the crediting of amounts received from the sale of aeronautical charts and related products and services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Enlistment Opportunity Act of 2015''. SEC. 2. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED FORCES. (a) Additional Qualified Persons.--Paragraph (1) of subsection (b) of section 504 of title 10, United States Code, is amended-- (1) by redesignating subparagraph (C) as subparagraph (E); and (2) by inserting after subparagraph (B) the following new subparagraphs: ``(C) An alien who, at the time of enlistment in an armed force, has resided continuously in a lawful status in the United States for at least two years. ``(D) A person who, at the time of enlistment in an armed force, possesses an employment authorization document issued by United States Citizenship and Immigration Services under the requirements of the Department of Homeland Security policy entitled `Deferred Action for Childhood Arrivals' (DACA).''. (b) Admission to Permanent Residence of Certain Enlistees.--Such section is further amended by adding at the end the following new subsection: ``(c) Admission to Permanent Residence of Certain Enlistees.--(1) A person described in subsection (b) who, at the time of enlistment in an armed force, is not a citizen or other national of the United States or lawfully admitted for permanent residence shall be adjusted to the status of an alien lawfully admitted for permanent residence under the provisions of section 249 of the Immigration and Nationality Act (8 U.S.C. 1259), except that the alien need not-- ``(A) establish that he or she entered the United States prior to January 1, 1972; and ``(B) comply with section 212(e) of such Act (8 U.S.C. 1182(e)). ``(2) The Secretary of Homeland Security shall rescind the lawful permanent resident status of a person whose status was adjusted under paragraph (1) if the person is separated from the armed forces under other than honorable conditions before the person served for a period or periods aggregating five years. Such grounds for rescission are in addition to any other provided by law. The fact that the person was separated from the armed forces under other than honorable conditions shall be proved by a duly authenticated certification from the armed force in which the person last served. The service of the person in the armed forces shall be proved by duly authenticated copies of the service records of the person. ``(3) Nothing in this subsection shall be construed to alter the process prescribed by sections 328, 329, and 329A of the Immigration and Nationality Act (8 U.S.C. 1439, 1440, 1440-1) by which a person may naturalize through service in the armed forces.''. (c) Clerical Amendments.-- (1) Section heading.--The heading of such section is amended to read as follows: ``Sec. 504. Persons not qualified; citizenship or residency requirements; exceptions''. (2) Table of sections.--The table of sections at the beginning of chapter 31 of such title is amended by striking the item relating to section 504 and inserting the following new item: ``504. Persons not qualified; citizenship or residency requirements; exceptions.''. SEC. 3. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED ENGLISH AND CIVICS, GOOD MORAL CHARACTER, AND HONORABLE SERVICE AND DISCHARGE REQUIREMENTS FOR NATURALIZATION. (a) Immigration and Nationality Act.--The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 329A (8 U.S.C. 1440-1) the following: ``SEC. 329B. PERSONS WHO HAVE RECEIVED AN AWARD FOR ENGAGEMENT IN ACTIVE COMBAT OR ACTIVE PARTICIPATION IN COMBAT. ``(a) In General.-- ``(1) In general.--For purposes of naturalization and continuing citizenship under the following provisions of law, a person who has received an award described in subsection (b) shall be treated-- ``(A) as having satisfied the requirements under sections 312(a) and 316(a)(3), and subsections (b)(3), (c), and (e) of section 328; and ``(B) except as provided in paragraph (2), under sections 328 and 329-- ``(i) as having served honorably in the Armed Forces for (in the case of section 328) a period or periods aggregating 1 year; and ``(ii) if separated from such service, as having been separated under honorable conditions. ``(2) Revocation.--Notwithstanding paragraph (1)(B), any person who separated from the Armed Forces under other than honorable conditions may be subject to revocation of citizenship under section 328(f) or 329(c) if the other requirements under such section are met. ``(b) Application.--This section shall apply with respect to the following awards from the Armed Forces of the United States: ``(1) The Combat Infantryman Badge from the Army. ``(2) The Combat Medical Badge from the Army. ``(3) The Combat Action Badge from the Army. ``(4) The Combat Action Ribbon from the Navy, the Marine Corps, or the Coast Guard. ``(5) The Air Force Combat Action Medal. ``(6) Any other award that the Secretary of Defense determines to be an equivalent award for engagement in active combat or active participation in combat.''. (b) Clerical Amendment.--The table of contents of such Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 329A the following: ``Sec. 329B. Persons who have received an award for engagement in active combat or active participation in combat.''.
Military Enlistment Opportunity Act of 2015 Amends citizenship and residency qualifications for enlistment in the U.S. Armed Forces to permit enlistment of additional persons who: (1) have resided continuously in a lawful status in the United States for at least two years, or (2) possess an employment authorization document issued by U.S. Citizenship and Immigration Services under requirements of the Department of Homeland Security (DHS) policy entitled Deferred Action for Childhood Arrivals. Requires authorized enlistees who are not citizens or other nationals of the United States or lawfully admitted for permanent residence to be adjusted to the status of an alien lawfully admitted for permanent residence under an exception to specified provisions of Immigration and Nationality Act. (Such enlistees need not establish that they entered the United States prior to January 1, 1972, or comply with other specified requirements.) Directs DHS to rescind such adjusted status if the person is separated from the armed forces under other than honorable conditions before the person served for a period or periods aggregating five years. Deems any person who has received an award from the U.S. Armed Forces for engagement in active combat or active participation in combat to have satisfied specified naturalization requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2015'' or the ``RAISE Family Caregivers Act''. SEC. 2. DEFINITIONS. In this Act: (1) Advisory council.--The term ``Advisory Council'' means the Family Caregiving Advisory Council convened under section 4. (2) Family caregiver.--The term ``family caregiver'' means an adult family member or other individual who has a significant relationship with, and who provides a broad range of assistance to, an individual with a chronic or other health condition, disability, or functional limitation. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Strategy.--The term ``Strategy'' means the National Family Caregiving Strategy established, maintained, and updated under section 3. SEC. 3. NATIONAL FAMILY CAREGIVING STRATEGY. (a) In General.--The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop, maintain, and periodically update a National Family Caregiving Strategy. (b) Contents.--The Strategy shall identify specific actions that Federal, State, and local governments, communities, health care, long- term services and supports and other providers, employers, and others can take to recognize and support family caregivers in a manner that reflects their diverse needs, including with respect to the following: (1) Promoting greater adoption of person- and family- centered care in all health and long-term services and supports settings, with the person receiving services and supports and the family caregiver (as appropriate) at the center of care teams. (2) Assessment and service planning (including care transitions and coordination) involving family caregivers and care recipients. (3) Training and other supports. (4) Information, education, referral, and care coordination, including hospice, palliative care, and advance planning services. (5) Respite options. (6) Financial security. (7) Workplace policies and supports that allow family caregivers to remain in the workforce. (c) Responsibilities of the Secretary.--The Secretary, in carrying out this section, shall be responsible for the following: (1) Collecting and making publicly available information, including evidence-based or promising practices and innovative models (both domestically and internationally) regarding the provision of care by family caregivers or support for family caregivers. (2) Coordinating Federal Government programs and activities to recognize and support family caregivers while ensuring maximum effectiveness and avoiding unnecessary duplication. (3) Providing technical assistance, such as best practices and information sharing, to State or local efforts, as appropriate, to support family caregivers. (4) Addressing disparities in recognizing and supporting family caregivers and meeting the needs of the diverse family caregiving population. (5) Assessing all Federal programs regarding family caregivers, including with respect to funding levels. (d) Initial Strategy; Updates.--The Secretary shall-- (1) not later than 18 months after the date of enactment of this Act, develop, publish, and submit to Congress the initial Strategy incorporating the items addressed in the Advisory Council's report in section 4(d)(2) and other priority actions for recognizing and supporting family caregivers; and (2) not less than every 2 years, update, republish, and submit to Congress the Strategy, taking into account the most recent annual report submitted under section 4(d)(1)-- (A) to reflect new developments, challenges, opportunities, and solutions; and (B) to assess progress in implementation of the Strategy and, based on the results of such assessment, recommend priority actions for such implementation. (e) Process for Public Input.--The Secretary shall establish a process for public input to inform the development of, and updates to, the Strategy, including a process for the public to submit recommendations to the Advisory Council and an opportunity for public comment on the proposed Strategy. (f) No Preemption.--Nothing in this Act preempts any authority of a State or local government to recognize or support family caregivers. SEC. 4. FAMILY CAREGIVING ADVISORY COUNCIL. (a) Convening.--The Secretary shall convene a Family Caregiving Advisory Council to provide advice to the Secretary on recognizing and supporting family caregivers. (b) Membership.-- (1) In general.--The members of the Advisory Council shall consist of-- (A) the appointed members under paragraph (2); and (B) the Federal members under paragraph (3). (2) Appointed members.--In addition to the Federal members under paragraph (3), the Secretary shall appoint not more than 15 members of the Advisory Council who are not representatives of Federal departments or agencies and who shall include at least one representative of each of the following: (A) Family caregivers. (B) Older adults with long-term services and supports needs, including older adults facing disparities. (C) Individuals with disabilities. (D) Advocates for family caregivers, older adults with long-term services and supports needs, and individuals with disabilities. (E) Health care and social service providers. (F) Long-term services and supports providers. (G) Employers. (H) Paraprofessional workers. (I) State and local officials. (J) Accreditation bodies. (K) Relevant industries. (L) Veterans. (M) As appropriate, other experts in family caregiving. (3) Federal members.--The Federal members of the Advisory Council, who shall be nonvoting members, shall consist of the following: (A) The Administrator of the Centers for Medicare & Medicaid Services (or the Administrator's designee). (B) The Administrator of the Administration for Community Living (or the Administrator's designee who has experience in both aging and disability). (C) The Assistant Secretary for the Administration for Children and Families (or the Assistant Secretary's designee). (D) The Secretary of Veterans Affairs (or the Secretary's designee). (E) The Secretary of Labor (or the Secretary's designee). (F) The Secretary of the Treasury (or the Secretary's designee). (G) The National Coordinator for Health Information Technology (or the National Coordinator's designee). (H) The Administrator of the Small Business Administration (or the Administrator's designee). (I) The Chief Executive Officer of the Corporation for National and Community Service (or the Chief Executive Officer's designee). (J) The heads of other Federal departments or agencies (or their designees), as appointed by the Secretary or the Chair of the Advisory Council. (4) Diverse representation.--The Secretary shall ensure that the membership of the Advisory Council reflects the diversity of family caregivers and individuals receiving services and supports. (c) Meetings.--The Advisory Council shall meet quarterly during the 1-year period beginning on the date of enactment of this Act and at least three times during each year thereafter. Meetings of the Advisory Council shall be open to the public. (d) Advisory Council Annual Reports.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Advisory Council shall submit to the Secretary and Congress a report concerning the development, maintenance, and updating of the Strategy and the implementation thereof, including a description of the outcomes of the recommendations and priorities under paragraph (2), as appropriate. Such report shall be made publicly available by the Advisory Council. (2) Initial report.--The Advisory Council's initial report under paragraph (1) shall include-- (A) an inventory and assessment of all federally funded efforts to recognize and support family caregivers and the outcomes of such efforts, including analyses of the extent to which federally funded efforts are reaching family caregivers and gaps in such efforts; (B) recommendations for priority actions-- (i) to improve and better coordinate programs; and (ii) to deliver services based on the performance, mission, and purpose of a program while eliminating redundancies and ensuring the needs of family caregivers are met; (C) recommendations to reduce the financial impact and other challenges of caregiving on family caregivers; and (D) an evaluation of how family caregiving impacts the Medicare program, and Medicaid program, and other Federal programs. (e) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council. SEC. 5. SUNSET PROVISION. The authority and obligations established by this Act shall terminate on December 31, 2025. Passed the Senate December 8, 2015. Attest: JULIE E. ADAMS, Secretary.
Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2015 or the RAISE Family Caregivers Act (Sec. 3) This bill directs the Department of Health and Human Services (HHS) to develop, maintain, and periodically update a National Family Caregiving Strategy. (Sec. 4) HHS shall convene a Family Caregiving Advisory Council to advise it on recognizing and supporting family caregivers. (Sec. 5) This Act shall terminate on December 31, 2025.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Services and Infrastructure Improvements Act of 2000''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Applications for naturalization have increased dramatically in recent years, outpacing the Immigration and Naturalization Service's ability to process them. (2) The dramatic increase in applications for naturalization and the inability of the Immigration and Naturalization Service to deal with them adequately has resulted in an unacceptably large backlog in naturalization adjudications. (3) The processing times in the Immigration and Naturalization Service's other immigration benefits have been unacceptably long. Applicants for family- and employment-based visas are waiting as long as 3 to 4 years to obtain a visa or an adjustment to lawful permanent resident status. (4) In California, the delays in processing adjustment of status applications have averaged 52 months. In Texas, the delays have averaged 69 months. Residents of New York have had to wait up to 28 months; in Florida, 26 months; in Illinois, 37 months; in Oregon, 31 months; and in Arizona, 49 months. Most other States have experienced unacceptably long processing and adjudication delays. (5) Applicants pay fees to have their applications adjudicated in a timely manner. These fees have increased dramatically in recent years without a commensurate increase in the capability of that Immigration and Naturalization Service to process and adjudicate these cases in an efficient manner. (6) Processing these applications in a timely fashion is critical. Each 12-month delay in adjudicating an adjustment of status application requires the alien to file applications to extend employment authorization to work and advance parole documents to travel. (7) The enormous delays in processing applications for families and businesses have had a negative impact on the reunification of spouses and minor children and the ability of law-abiding and contributing members of our communities to participate fully in the civic life of the United States. (8) United States employers have also experienced debilitating delays in hiring employees who contribute to the economic growth of the United States. These delays have forced employers to send highly skilled and valued employees out of the United States because their immigrant petitions were not approved in a timely fashion. Such disruptions seriously threaten the competitive edge of the United States in the global marketplace. (b) Purpose.--The purpose of this Act is to-- (1) provide the Immigration and Naturalization Service with the mechanisms it needs to eliminate the current backlog in the processing of immigration benefit applications within 1 year after enactment of this Act and to maintain the elimination of the backlog in future years; and (2) provide for regular congressional oversight of the performance of the Immigration and Naturalization Service in eliminating the backlog and processing delays in immigration benefits adjudications. (c) Policy.--It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application, except that a petition for a nonimmigrant visa under section 214(c) of the Immigration and Nationality Act should be processed not later than 30 days after the filing of the petition. SEC. 3. DEFINITIONS. In this Act: (1) Backlog.--The term ``backlog'' means, with respect to an immigration benefit application, the period of time in excess of 180 days that such application has been pending before the Immigration and Naturalization Service. (2) Immigration benefit application.--The term ``immigration benefit application'' means any application or petition to confer, certify, change, adjust, or extend any status granted under the Immigration and Nationality Act. SEC. 4. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT ACCOUNT. (a) Authority of the Attorney General.--The Attorney General shall take such measures as may be necessary to-- (1) reduce the backlog in the processing of immigration benefit applications, with the objective of the total elimination of the backlog not later than one year after the date of enactment of this Act; (2) make such other improvements in the processing of immigration benefit applications as may be necessary to ensure that a backlog does not develop after such date; and (3) make such improvements in infrastructure as may be necessary to effectively provide immigration services. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of Justice from time to time such sums as may be necessary for the Attorney General to carry out subsection (a). (2) Designation of account in treasury.--Amounts appropriated pursuant to paragraph (1) may be referred to as the ``Immigration Services and Infrastructure Improvements Account''. (3) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. (4) Limitation on expenditures.--None of the funds appropriated pursuant to paragraph (1) may be expended until the report described in section 5(a) has been submitted to Congress. SEC. 5. REPORTS TO CONGRESS. (a) Backlog Elimination Plan.-- (1) Report required.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning-- (A) the backlogs in immigration benefit applications in existence as of the date of enactment of this Act; and (B) the Attorney General's plan for eliminating such backlogs. (2) Report elements.--The report shall include-- (A) an assessment of the data systems used in adjudicating and reporting on the status of immigration benefit applications, including-- (i) a description of the adequacy of existing computer hardware, computer software, and other mechanisms to comply with the adjudications and reporting requirements of this Act; and (ii) a plan for implementing improvements to existing data systems to accomplish the purpose of this Act, as described in section 2(b); (B) a description of the quality controls to be put into force to ensure timely, fair, accurate, and complete processing and adjudication of such applications; (C) the elements specified in subsection (b)(2); (D) an estimate of the amount of appropriated funds that would be necessary in order to eliminate the backlogs in each category of immigration benefit applications described in subsection (b)(2); and (E) a detailed plan on how the Attorney General will use any funds in the Immigration Services and Infrastructure Improvements Account to comply with the purposes of this Act. (b) Annual Reports.-- (1) In general.--Beginning 90 days after the end of the first fiscal year for which any appropriation authorized by section 4(b) is made, and 90 days after the end of each fiscal year thereafter, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning the status of-- (A) the Immigration Services and Infrastructure Improvements Account including any unobligated balances of appropriations in the Account; and (B) the Attorney General's efforts to eliminate backlogs in any immigration benefit application described in paragraph (2). (2) Report elements.--The report shall include-- (A) State-by-State data on-- (i) the number of naturalization cases adjudicated in each quarter of each fiscal year; (ii) the average processing time for naturalization applications; (iii) the number of naturalization applications pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) estimated processing times adjudicating newly submitted naturalization applications; (v) an analysis of the appropriate processing times for naturalization applications; and (vi) the additional resources and process changes needed to eliminate the backlog for naturalization adjudications; (B) the status of applications or, where applicable, petitions described in subparagraph (C), by Immigration and Naturalization Service district, including-- (i) the number of cases adjudicated in each quarter of each fiscal year; (ii) the average processing time for such applications or petitions; (iii) the number of applications or petitions pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) the estimated processing times adjudicating newly submitted applications or petitions; (v) an analysis of the appropriate processing times for applications or petitions; and (vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications; and (C) a status report on-- (i) applications for adjustments of status to that of an alien lawfully admitted for permanent residence; (ii) petitions for nonimmigrant visas under section 214 of the Immigration and Nationality Act; (iii) petitions filed under section 204 of such Act to classify aliens as immediate relatives or preference immigrants under section 203 of such Act; (iv) applications for asylum under section 208 of such Act; (v) registrations for Temporary Protected Status under section 244 of such Act; and (vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications. (3) Absence of appropriated funds.--In the event that no funds are appropriated subject to section 4(b) in the fiscal year in which this Act is enacted, the Attorney General shall submit a report to Congress not later than 90 days after the end of such fiscal year, and each fiscal year thereafter, containing the elements described in paragraph (2).
Authorizes appropriations which shall be designated in the Treasury as the Immigration Services and Infrastructure Improvements Account. Directs the Attorney General to make specified backlog elimination reports.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Education Advancement (NEA) and Teacher Relief Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 75 percent of the qualified charitable contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.-- ``(1) Individuals.--In the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $500 ($1,000 in the case of a joint return). ``(2) Corporations.--In the case of a corporation, the credit allowed by subsection (a) shall not exceed $100,000. ``(c) Qualified Charitable Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified charitable contribution' means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions-- ``(A) to a school tuition organization, ``(B) for the improvement, renovation, or construction of a school facility that is used primarily to provide education at the elementary or secondary level, and ``(C) for the acquisition of computer technology or equipment (as defined in subparagraph (E)(i) of section 170(e)(6)), or for training related to the use of such technology or equipment, for use in a school facility described in subparagraph (B). ``(2) Certain expenses of elementary and secondary school teachers.-- ``(A) In general.--In the case of an individual who is an eligible educator, the term `qualified charitable contribution' includes amounts allowable as a deduction by section 162 paid or incurred by the eligible educator in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom. ``(B) Coordination with exclusions.--An amount shall be allowed as a credit under this section for expenses described in subparagraph (A) only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year. ``(3) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization which-- ``(i) is described in section 170(c)(2), ``(ii) allocates at least 90 percent of its gross income and contributions and gifts to elementary and secondary school scholarships, and ``(iii) awards scholarships to any student who is eligible for free or reduced cost lunch under the school program established under the Richard B. Russell National School Lunch Act. ``(B) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade level. ``(4) Eligible educator.-- ``(A) In general.--The term `eligible educator' means, with respect to any taxable year, an individual who is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in a school for at least 900 hours during a school year. ``(B) School.--For purposes of subparagraph (A), the term `school' means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. ``(5) School facility.--The term `school facility' shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. ``(d) Special Rules.-- ``(1) Denial of double benefit.--Amounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162 or 170. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(e) Election to Have Credit not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit for contributions for the benefit of elementary and secondary schools.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. REVISION OF DEFINITION OF SCHOOL FOR PURPOSES OF QUALIFIED ELEMENTARY AND SECONDARY EDUCATION EXPENSES. (a) In General.--Paragraph (4) of section 530(b) of the Internal Revenue Code of 1986 (defining qualified elementary and secondary education expenses) is amended-- (1) in clauses (i) and (ii) of subparagraph (A), by striking ``public, private, or religious'', and (2) in subparagraph (B), by inserting after ``any school'' the following: ``, including a public, private, religious, or home school,''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.
National Education Advancement (NEA) and Teacher Relief Act - Amends the Internal Revenue Code to allow a tax credit for 75 percent of charitable contributions made by a taxpayer: (1) to a school tuition organization that provides certain scholarship aid; (2) for the improvement, renovation, or construction of an elementary or secondary school facility; and (3) for the acquisition of computer technology or equipment, or for related training, for use in an elementary or secondary school facility. Limits the dollar amount of such credit to $500 for individuals and $100,000 for corporations. Allows elementary or secondary school teachers, instructors, counselors, principals, or aides who work at least 900 hours during a school year to claim the tax credit provided by this Act for their expenses in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services), and other equipment and supplementary materials used in the classroom. Revises the definition of "school" for purposes of defining qualified elementary and secondary education expenses to include public, private, religious or home schools.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Tribal Government Sovereignty Protection Act of 2016''. SEC. 2. FINDINGS. The Congress finds the following: (1) The people of the States created the national government when they delegated to it those enumerated governmental powers relating to matters beyond the competence of the individual States. All other sovereign powers, save those expressly prohibited the States by the Constitution, are reserved to the States or the people. (2) In most areas of governmental concern, the States uniquely possess the constitutional authority, the resources, and the competence to discern the sentiments of the people and to govern accordingly. (3) Our constitutional system encourages a healthy diversity in the public policies adopted by the people of the several States according to their own conditions, needs, and desires. Individual States and communities are free to experiment with a variety of approaches to public issues. One- size-fits-all approaches to public policy problems can inhibit the creation of effective solutions to problems. (4) Federal action limiting the policymaking discretion of the States should be taken only where constitutional and statutory authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope. (5) Federal agencies must recognize the distinction between problems of national scope (which may justify Federal action) and problems that are merely common to the States (which will not justify Federal action because individual States, acting individually or together, can effectively deal with them). (6) On March 26, 2015, the Bureau of Consumer Financial Protection released an outline of proposals under consideration for potential rulemakings for ``payday, vehicle title, and similar loans''. (7) The Bureau acknowledged that ``markets for payday, vehicle title, and similar loans are regulated by a variety of state laws, as well as some tribal and municipal laws''. The Bureau specifically acknowledged that ``Some jurisdictions have imposed usury limits that prohibit lenders from offering high- cost credit. In other jurisdictions, certain products are specifically authorized by state laws, often crafted as exceptions to general state credit regulation, including consumer loan laws and general usury limits. Some of the states authorizing these products have sought to regulate loan structures and lender practices in a variety of ways, including limiting permissible costs, restricting reborrowing in certain circumstances, or setting a maximum ratio for the amount of debt on such loans to gross monthly income. States, tribes, and local governments also impose a variety of licensure requirements on lenders engaged in payday and vehicle title lending.''. This variation in State, local, and tribal law suggests a healthy, dynamic, legal environment in which the democratically elected representatives in each jurisdiction respond appropriately to the particular conditions, needs, and desires of their constituents. (8) Notwithstanding the foregoing, the Director of the Bureau seeks to ``establish a federal floor for consumer protection for covered loans'', thus substituting the Director's own judgment for that of State, tribal, and local governments. (9) The Bureau made no showing that any State or tribal government lacks the legal authority to enact laws or regulations that are substantially similar to the Bureau's outline of proposals. (10) The Bureau made no showing that any State or tribal government is incapable of protecting its citizens from potential risks associated with using payday, vehicle title, and similar loans. (11) The Bureau's proposals, if implemented, would be an unwarranted infringement of State and tribal sovereignty and a violation of fundamental federalist principles designed to secure the liberty of the American people. SEC. 3. MORATORIUM. (a) Prohibition on Payday Loans, Vehicle Title Loans, and Other Similar Loan Regulations.--The Bureau of Consumer Financial Protection may not issue or enforce any rule or regulation with respect to payday loans, vehicle title loans, or other similar loans during the 24-month period beginning on the date of enactment of this Act. (b) Payday Loan.--For purposes of this section the term ``payday loan'' means a loan described under section 1024(a)(1)(E) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5514(a)(1)(E)). SEC. 4. PROTECTING STATE AND TRIBAL GOVERNMENT SOVEREIGNTY. Section 1022(b) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5512(b)) is amended by adding at the end the following: ``(5) Protecting state and tribal government sovereignty with respect to payday loans, vehicle title loans, and other similar loans.-- ``(A) In general.--Notwithstanding any other provision of law, the Bureau may not issue any final rule or regulation to regulate payday loans, vehicle title loans, or other similar loans, unless the Bureau first-- ``(i) consults with appropriate State, tribal, and local officials in each jurisdiction that may be affected by the rule regarding the effect of the rule on State, tribal, or local sovereignty, laws, regulations, and citizens; ``(ii) carries out a study that-- ``(I) examines the Bureau's constitutional and statutory authority to preempt State, tribal, and local laws and regulations; ``(II) examines the effect the rule or regulation will have on the laws and regulations of individual States, federally recognized Indian tribes, and municipalities; and ``(III) identifies alternative proposals to mitigate potential risks associated with using payday loans, vehicle title loans, and other similar loans without infringing upon State and tribal sovereignty or preempting State and tribal laws and regulations; and ``(iii) issues a public report that-- ``(I) contains all findings and determinations made by the Bureau in carrying out such study; ``(II) addresses all comments and advice received during consultation with State, tribal, and local officials; ``(III) lists each State, tribal, or local law and regulation (or any portion thereof) the Bureau proposes to preempt by rule or regulation; ``(IV) identifies by name any State or federally recognized Indian tribe that lacks the legal authority to enact laws or regulations that are substantially similar to the rule or regulation, and states the basis for why the Bureau has determined that the State or federally recognized Indian tribe lacks such authority; and ``(V) identifies by name any State or federally recognized Indian tribe the Director believes is incapable of protecting its citizens from potential risks associated with using payday loans, vehicle title loans, and other similar loans, and states the basis for why the Bureau has determined that the State or federally recognized Indian tribe is incapable of such protection. ``(B) Waiver for state and tribal governments.-- ``(i) In general.--With respect to a final rule or regulation issued by the Bureau to regulate payday loans, vehicle title loans, or other similar loans, if a State or a federally recognized Indian tribe requests, in writing, for the Bureau to provide the State or tribe with a waiver from such rule or regulation, the Director shall grant a 5-year waiver to such State or tribe, during which such rule or regulation shall not apply within such State or land held in trust for the benefit of such federally recognized Indian tribe. ``(ii) Right to renew waiver.--A State or federally recognized Indian tribe granted a waiver under clause (i) shall have the right to renew such waiver at the end of each 5-year waiver period.''.
State and Tribal Government Sovereignty Protection Act of 2016 This bill establishes a moratorium period during which the Consumer Financial Protection Bureau (CFPB) may not issue or enforce any rule or regulation governing payday loans, vehicle title loans, or other similar loans. The Consumer Financial Protection Act of 2010 is amended to prohibit the CFPB from issuing any final rule or regulation to regulate payday loans, vehicle title loans, or other similar loans, unless it first: (1) consults with appropriate state, tribal, and local officials in each jurisdiction that may be affected by the rule; (2) conducts specified studies; and (3) issues a public report regarding study findings. The CPFB shall grant a five-year waiver from such a rule or regulation if a state or federally recognized Indian tribe requests one. The waiver may be renewed at the expiration of each five-year waiver period.
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SECTION 1. TREATMENT OF REHABILITATION CREDIT UNDER PASSIVE ACTIVITY LIMITATIONS. (a) General Rule.--Paragraphs (2) and (3) of section 469(i) of the Internal Revenue Code of 1986 (relating to $25,000 offset for rental real estate activities) are amended to read as follows: ``(2) Dollar limitations.-- ``(A) In general.--Except as otherwise provided in this paragraph, the aggregate amount to which paragraph (1) applies for any taxable year shall not exceed $25,000 reduced (but not below zero) by 50 percent of the amount (if any) by which the adjusted gross income of the taxpayer for the taxable year exceeds $100,000. ``(B) Phaseout not applicable to low-income housing credit.--In the case of the portion of the passive activity credit for any taxable year which is attributable to any credit determined under section 42-- ``(i) subparagraph (A) shall not apply, and ``(ii) paragraph (1) shall not apply to the extent that the deduction equivalent of such portion exceeds-- ``(I) 25,000, reduced by ``(II) the aggregate amount of the passive activity loss (and the deduction equivalent of any passive activity credit which is not so attributable and is not attributable to the rehabilitation credit determined under section 47) to which paragraph (1) applies after the application of subparagraph (A). ``(C) $65,000 limit for rehabilitation credits.--In the case of the portion of the passive activity credit for any taxable year which is attributable to the rehabilitation credit determined under section 47-- ``(i) subparagraph (A) shall not apply, and ``(ii) paragraph (1) shall not apply to the extent that the deduction equivalent of such portion exceeds-- ``(I) $65,000, reduced by ``(II) the aggregate amount of the passive activity loss (and the deduction equivalent of any passive activity credit which is not so attributable) to which paragraph (1) applies for the taxable year after the application of subparagraphs (A) and (B). ``(3) Adjusted gross income.--For purposes of paragraph (2)(A), adjusted gross income shall be determined without regard to-- ``(A) any amount includable in gross income under section 86, ``(B) any amount excludable from gross income under section 135, ``(C) any amount allowable as a deduction under section 219, and ``(D) any passive activity loss.'' (b) Conforming Amendments.-- (1) Subparagraph (B) of section 469(i)(4) of such Code is amended to read as follows: ``(B) Reduction for surviving spouse's exemption.-- For purposes of subparagraph (A), the $25,000 amounts under paragraph (2)(A) and (2)(B)(ii) and the $65,000 amount under paragraph (2)(C)(ii) shall each be reduced by the amount of the exemption under paragraph (1) (determined without regard to the reduction contained in paragraph (2)(A)) which is allowable to the surviving spouse of the decedent for the taxable year ending with or within the taxable year of the estate.'' (2) Subparagraph (A) of section 469(i)(5) of such Code is amended by striking clauses (i), (ii), and (iii) and inserting the following: ``(i) `$12,500' for `$25,000' in subparagraphs (A) and (B)(ii) of paragraph (2), ``(ii) `$50,000' for `$100,000' in paragraph (2)(A)'', and ``(iii) `$32,500' for `$65,000' in paragraph (2)(C)(ii).'' (3) The subsection heading for subsection (i) of section 469 of such Code is amended by striking ``$25,000''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 1992, in taxable years ending after such date.
Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Employment Transition Assistance Act of 1993''. SEC. 2. ENVIRONMENTAL EMPLOYMENT TRANSITION ASSISTANCE. (a) Amendment.--Part B of title III of the Job Training Partnership Act (29 U.S.C. 1662 et seq.) is amended by adding at the end the following: ``SEC. 327. ENVIRONMENTAL EMPLOYMENT TRANSITION ASSISTANCE. ``(a) Definitions.--As used in this section: ``(1) Adversely affected employment.--The term `adversely affected employment' means work in an industry, occupation or establishment which-- ``(A) has sustained or is projected to sustain substantial economic harm; ``(B) has experienced, is experiencing, or will experience interruptions in the supply of raw materials or goods used in manufacturing; or ``(C) will gradually decline or down-size or experience an acceleration of decline, as a direct or indirect result of the listing of any species as `threatened' or `endangered' under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or of the implementation of the National Forest Management Act of 1976 (90 Stat. 2949), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resource Planning Act of 1974 (16 U.S.C. 1601 et seq.), or the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.). ``(2) Adversely affected worker.--The term `adversely affected worker' means an individual who-- ``(A) is an eligible dislocated worker; and ``(B)(i) has been totally, partially or temporarily separated from work that is considered as adversely affected employment within the 3-year period beginning on the date of enactment of this section; or ``(ii) has received a notice of termination or layoff from such work. ``(3) Affected state.--The term `affected State' means any of the several States of the United States and the District of Columbia in which there is adversely affected employment. ``(b) Determination of Eligibility.-- ``(1) In general.--To be eligible for assistance under this section, an individual shall be determined to be an adversely affected worker as defined under paragraph (2) of subsection (a). ``(2) Special rule.--The Secretary of Labor, pursuant to criteria established by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of the Army, the Secretary of Commerce, the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Energy shall make the eligibility determination of whether an individual meets the definitional requirement under subsection (a)(2)(B). ``(3) Certification.--The Secretary of Labor, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of the Army, the Secretary of Commerce, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Energy, and the Governor of an affected State, shall certify an industry, occupation or establishment based on the listing, or the implementation of any of the Acts, described in subsection (a)(1) as one in which there is adversely affected employment. ``(4) Conclusive presumption.-- ``(A) In general.--The total, partial, or temporary layoff, or the notification of termination or layoff, of an adversely affected worker during a period of 5 years following the listing of the species, or the implementation of the Acts, on which certification of an industry, occupation, or establishment is based under paragraph (3) shall be conclusively presumed to be attributable to compliance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Forest Management Act of 1976 (90 Stat. 2949), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resource Planning Act of 1974 (16 U.S.C. 1601 et seq.), or the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.). ``(B) Exception.--No conclusive presumption exists under subparagraph (A) if an adversely affected worker has voluntarily quit, been laid off, or terminated from a job for a cause that would disqualify such worker for unemployment compensation under the State law. ``(c) Grants Authorized.--The Secretary may award grants to States, substate grantees (as described in section 312(c)), employers, employer associations, and labor organizations-- ``(1) to provide training, adjustment assistance, and employment services to adversely affected workers; and ``(2) to make needs-related payments to such workers in accordance with subsection (h). ``(d) Grant Amount.-- ``(1) In general.--The amount of a grant awarded under this section shall be based on a percentage developed by the Secretary through consideration of the ratio of-- ``(A) the per capita incidence of adversely affected workers in each State; to ``(B) the per capita incidence of adversely affected workers in all States. ``(2) Rural areas.--The Secretary shall not award a grant under subsection (c) unless the applicant provides assurances that the applicant will use a portion of the amount awarded under the grant to provide training, adjustment assistance, employment services and needs-related payments to adversely affected workers in rural areas. ``(e) Priority and Approval.-- ``(1) Application.-- ``(A) In general.--To be eligible to receive a grant under subsection (c), a State, substate grantee, employer, employer association, or labor organization shall submit an application to the Secretary at such time, in such manner, and containing such assurances as the Secretary may require. ``(B) Review prior to submission.--Prior to the submission of an application under subparagraph (A), an applicant shall-- ``(i) submit the application for review and comment to the private industry council and the State; and ``(ii) offer local labor organizations the opportunity to provide comments on the application. ``(C) Documentation.--An applicant that submits an application under subparagraph (B) shall maintain all documentation relating to consultations with the entities described in clauses (i) and (ii) of such subparagraph. ``(2) Needs-related payments required.--The Secretary shall not approve an application for a grant under subsection (c) unless the application contains assurances that the applicant will use amounts provided under the grant to provide needs-related payments in accordance with subsection (h). ``(f) Use of Funds.--Subject to the requirements of subsections (g) and (h), grants under subsection (c) may be used for any purpose for which funds may be used under section 314. ``(g) Adjustment Assistance.-- ``(1) Job search allowance.--Grants under subsection (c) for adjustment assistance may be used to provide a job search allowance to an adversely affected worker. Such allowance, if provided, shall provide reimbursement to such worker in an amount that does not exceed 90 percent of the cost to such worker for necessary job search expenses, as prescribed by regulations of the Secretary, or $800 whichever is less, unless the need for a greater amount is demonstrated in the application and approved by the Secretary. ``(2) Criteria for awarding job search allowances.--A job search allowance may be provided only-- ``(A) to assist an adversely affected worker who has been totally separated in securing a job within the United States; and ``(B) if the Secretary determines that the adversely affected worker cannot reasonably be expected to secure suitable employment in the commuting area in which such worker resides. ``(h) Needs-Related Payments.--The Secretary shall prescribe regulations with respect to the use of amounts awarded under a grant under subsection (c) for needs-related payments in order to enable adversely affected workers to complete training or education programs under this section. Such regulations shall-- ``(1) require that needs-related payments shall be provided to an adversely affected worker only if such worker-- ``(A)(i) qualifies for emergency or extended unemployment benefits; or ``(ii) does not qualify or has ceased to qualify for unemployment compensation; ``(B) is participating in training or education programs under this section, except that the regulations shall protect an adversely affected worker from being disqualified pursuant to this subparagraph for a failure to participate that is not the fault of such worker; and ``(C) receives, or is a member of a family that receives, a total family income (exclusive of unemployment compensation, child support payments, and welfare payments) that, in relation to family size, is not in excess of the lower living standard income level; ``(2) provide that an adversely affected worker may not be disqualified from receipt of needs-related payments if such worker terminates temporary or part-time employment to participate in a training or education program under this section; ``(3) provide that not later than 30 days after enrollment in a training program, an adversely affected worker shall receive needs-related payments if such worker-- ``(A) does not qualify or has ceased to qualify for unemployment compensation; and ``(B) has enrolled in a training program under this section; ``(4) provide for procedures for waiving maximum benefits requirements; ``(5) provide for procedures for allowing the payment of needs-related payments based on special needs which shall be determined on appeal by the Secretary; ``(6) provide that the levels of needs-related payments to an adversely affected worker who does not qualify or has ceased to qualify for unemployment compensation shall be equal to the higher of-- ``(A) the applicable level of unemployment compensation; or ``(B) the official poverty line (as defined by the Office of Management and Budget, and revised annually by the Secretary in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); ``(7) provide that the amount of needs-related payments to an adversely affected worker who qualifies for emergency or extended unemployment benefits shall be equal to the difference between the amount of such worker's compensation and the amount of such worker's unemployment benefits; ``(8) provide for the adjustment of payments to reflect changes in total family income; and ``(9) provide that the grantee shall obtain information with respect to such income, and changes therein, from the adversely affected worker. ``(i) Counseling and Referrals.--Not later than 45 days after an adversely affected worker qualifies for unemployment benefits, a grantee under this section shall provide employment counseling and referral to training programs, if needed, to such worker. ``(j) Administrative Expenses.-- ``(1) In general.--The Secretary of Labor may reserve not more than 5 percent of the awards appropriated under this section for the administration of activities authorized under this section, including the provision of technical assistance for the preparation of grant applications. ``(2) Priority.--In the provision of technical assistance for preparation of grant applications under paragraph (1), the Secretary of Labor shall give priority to nongovernmental, and nonprofit organizations. ``(k) Authorization of Appropriations.-- ``(1) In general.--In addition to amounts authorized to be appropriated by section 3(b), as amended by section 102(a) of the Job Training Reform Amendments (Public Law 102-367), there are authorized to be appropriated $100,000,000 for fiscal year 1994, and such sums as may be necessary for each of fiscal years 1995, 1996, 1997, and 1998, to carry out this section. The total amount appropriated for all 5 such fiscal years shall not exceed $500,000,000. ``(2) Availability.--Amounts appropriated pursuant to this subsection shall remain available until expended. ``(l) Regulations.--Not later than 180 days after the date of enactment of this section, the Secretary shall prescribe regulations to carry out this section. ``(m) General Accounting Office Assessment of Effects on Employment of Compliance With Environmental Policies.--The Comptroller General of the United States shall-- ``(1) identify and assess, to the extent possible, the effects on employment that are attributable to compliance with the provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Forest Management Act of 1976 (90 Stat. 2949), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resource Planning Act of 1974 (16 U.S.C. 1601 et seq.), or the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.); and ``(2) submit to the Congress on the date that is 4 years after the date of the enactment of this section a written report on the assessments required under paragraph (1).''. (b) Conforming Amendments.-- (1) The table of contents of the Job Training Partnership Act is amended by adding at the end of the items pertaining to part B of title III the following: ``Sec. 327. Environmental employment transition assistance.''. (2) Section 3(b) of the Job Training Partnership Act (29 U.S.C. 1502(c)), as amended by section 102(a) of the Job Training Reform Amendments (Public Law 102-367), is amended by striking ``section 326'' and inserting ``sections 326 and 327''.
Environmental Employment Transition Assistance Act of 1993 - Amends the Job Training Partnership Act to establish an Environmental Employment Transition Assistance Program. Authorizes the Secretary of Labor to award grants to States, substate grantees, employers, employer associations, and labor organizations to: (1) provide training, adjustment assistance, and employment services to workers adversely affected by the listing of any species as "threatened" or "endangered" under the Endangered Species Act or by the implementation of specified Federal environmental protection or forestry laws; and (2) make needs-related payments to such workers. Authorizes appropriations. Directs the Comptroller General to assess the effects on employment of compliance with such environmental laws.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``S.I. Hayakawa Official English Language Act of 2007''. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language. ``162. Official Government activities in English. ``163. Preserving and enhancing the role of the official language. ``164. Exceptions. ``Sec. 161. Declaration of official language ``English shall be the official language of the Government of the United States. ``Sec. 162. Official Government activities in English ``The Government of the United States shall conduct its official activities in English, including preparing publications, income tax forms, and informational materials in English. ``Sec. 163. Preserving and enhancing the role of the official language ``(a) In General.--The Government of the United States shall preserve and enhance the role of English as the official language of the United States. ``(b) Government Materials in English.-- ``(1) In general.--Unless expressly provided for in an applicable provision of law, no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English. ``(2) Effect of exceptions.--If an official or representative of the Government of the United States acts, communicates, performs or provides services, or provides materials in a language other than English, that exception does not create a legal entitlement to additional acts, communications, services, or materials in that language or any language other than English. ``(c) English Version as Authority.--If the Government of the United States issues a form in a language other than English (or such forms are completed in a language other than English), the English language version of the form is the sole authority for all legal purposes. ``Sec. 164. Exceptions ``(a) In General.--This chapter may not apply to the use of a language other than English-- ``(1) for religious purposes; ``(2) for training in foreign languages for international communication; or ``(3) to programs in schools designed to encourage students to learn foreign languages. ``(b) Interpreters.--This chapter may not be considered to prevent the Government of the United States from providing interpreters for persons over 62 years of age.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. SEC. 3. REPEAL OF BILINGUAL VOTING REQUIREMENTS. (a) In General.-- (1) Bilingual election requirements.--Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (2) Voting rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). (b) Conforming Amendments.-- (1) References to section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in section 204, by striking ``or 203,''; and (B) in section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (2) References to section 4.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in sections 2(a), 4(d), 5, and 13, by striking ``, or in contravention of the guarantees set forth in section 4(f)(2)''; (B) in subsections (a), (b), and (c) of section 3, by striking ``, or in contravention of the voting guarantees set forth in section 4(f)(2)''; and (C) in section 4(a)-- (i) in paragraphs (1)(A) and (3), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2)''; (ii) in paragraph (1)(B), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''; and (iii) in paragraph (5), by striking ``or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''. SEC. 4. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF NEW CITIZENS. Section 337(d) of the Immigration and Nationality Act (8 U.S.C. 1448(d)) is amended by adding at the end the following new sentence: ``All public ceremonies in which the oath of allegiance is administered pursuant to this section shall be conducted solely in the English language.''. SEC. 5. NONPREEMPTION. This Act and the amendments made by this Act may not be construed to preempt any law of any State.
S.I. Hayakawa Official English Language Act of 2007 - Makes English the official language of the U.S. government. Requires the government to: (1) conduct its official activities in English, including preparing publications, income tax forms, and informational materials in English; and (2) preserve and enhance the role of English as the official language of the United States. Provides that no person has a right, entitlement, or claim to have the government act, communicate, perform, or provide services or materials in any other language, unless expressly provided for in an applicable provision of law. Provides that this Act may not: (1) apply to the use of a language other than English for religious purposes, for training in foreign languages for international communication, or in school programs designed to encourage students to learn foreign languages; or (2) be considered to prevent the U.S. government from providing interpreters for persons over age 62. Repeals provisions of the Voting Rights Act of 1965 regarding bilingual election requirements and regarding congressional findings of voting discrimination against language minorities, prohibition of English-only elections, and other remedial measures. Amends the Immigration and Nationality Act to require that all public ceremonies in which the oath of allegiance is administered pursuant to such Act be conducted solely in English. Specifies that this Act may not be construed to preempt any state law.
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SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``International Child Support Recovery Improvement Act of 2012''. (b) References.--Except as otherwise expressly provided in this Act, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the amendment shall be considered to be made to a section or other provision of the Social Security Act. SEC. 2. AMENDMENTS TO ENSURE ACCESS TO CHILD SUPPORT SERVICES FOR INTERNATIONAL CHILD SUPPORT CASES. (a) Authority of the Secretary of HHS To Ensure Compliance With Multilateral Child Support Conventions.-- (1) In general.--Section 452 (42 U.S.C. 652) is amended-- (A) by redesignating the second subsection (l) (as added by section 7306 of the Deficit Reduction Act of 2005) as subsection (m); and (B) by adding at the end the following: ``(n) The Secretary shall use the authorities otherwise provided by law to ensure the compliance of the United States with any multilateral child support convention to which the United States is a party.''. (2) Conforming amendment.--Section 453(k)(3) (42 U.S.C. 653(k)(3)) is amended by striking ``452(l)'' and inserting ``452(m)''. (b) Access to the Federal Parent Locator Service.--Section 453(c) (42 U.S.C. 653(c)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) an entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country for purposes specified in section 459A(c)(2).''. (c) State Option To Require Individuals in Foreign Countries To Apply Through Their Country's Appropriate Central Authority.--Section 454 (42 U.S.C. 654) is amended-- (1) in paragraph (4)(A)(ii), by inserting before the semicolon ``(except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application)''; and (2) in paragraph (32)-- (A) in subparagraph (A), by inserting ``, a foreign treaty country,'' after ``a foreign reciprocating country''; and (B) in subparagraph (C), by striking ``or foreign obligee'' and inserting ``, foreign treaty country, or foreign individual''. (d) Amendments to International Support Enforcement Provisions.-- Section 459A (42 U.S.C. 659a) is amended-- (1) by adding at the end the following: ``(e) References.--In this part: ``(1) Foreign reciprocating country.--The term `foreign reciprocating country' means a foreign country (or political subdivision thereof) with respect to which the Secretary has made a declaration pursuant to subsection (a). ``(2) Foreign treaty country.--The term `foreign treaty country' means a foreign country for which the 2007 Family Maintenance Convention is in force. ``(3) 2007 family maintenance convention.--The term `2007 Family Maintenance Convention' means the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance.''; (2) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``foreign countries that are the subject of a declaration under this section'' and inserting ``foreign reciprocating countries or foreign treaty countries''; and (B) in paragraph (2), by inserting ``and foreign treaty countries'' after ``foreign reciprocating countries''; and (3) in subsection (d), by striking ``the subject of a declaration pursuant to subsection (a)'' and inserting ``foreign reciprocating countries or foreign treaty countries''. (e) Collection of Past-Due Support From Federal Tax Refunds.-- Section 464(a)(2)(A) (42 U.S.C. 664(a)(2)(A)) is amended by striking ``under section 454(4)(A)(ii)'' and inserting ``under paragraph (4)(A)(ii) or (32) of section 454''. (f) State Law Requirement Concerning the Uniform Interstate Family Support Act (UIFSA).-- (1) In general.--Section 466(f) (42 U.S.C. 666(f)) is amended-- (A) by striking ``on and after January 1, 1998,''; (B) by striking ``and as in effect on August 22, 1996,''; and (C) by striking ``adopted as of such date'' and inserting ``adopted as of September 30, 2008''. (2) Conforming amendments to title 28, united states code.--Section 1738B of title 28, United States Code, is amended-- (A) in subsection (d), by striking ``individual contestant'' and inserting ``individual contestant or the parties have consented in a record or open court that the tribunal of the State may continue to exercise jurisdiction to modify its order,''; (B) in subsection (e)(2)(A), by striking ``individual contestant'' and inserting ``individual contestant and the parties have not consented in a record or open court that the tribunal of the other State may continue to exercise jurisdiction to modify its order''; and (C) in subsection (b)-- (i) by striking ```child' means'' and inserting ``(1) The term `child' means''; (ii) by striking ```child's State' means'' and inserting ``(2) The term `child's State' means''; (iii) by striking ```child's home State' means'' and inserting ``(3) The term `child's home State' means''; (iv) by striking ```child support' means'' and inserting ``(4) The term `child support' means''; (v) by striking ```child support order''' and inserting ``(5) The term `child support order'''; (vi) by striking ```contestant' means'' and inserting ``(6) The term `contestant' means''; (vii) by striking ```court' means'' and inserting ``(7) The term `court' means''; (viii) by striking ```modification' means'' and inserting ``(8) The term `modification' means''; and (ix) by striking ```State' means'' and inserting ``(9) The term `State' means''. (3) Effective date; grace period for state law changes.-- (A) Paragraph (1).--(i) The amendments made by paragraph (1) shall take effect with respect to a State on the earlier of-- (I) October 1, 2013; or (II) the effective date of laws enacted by the legislature of the State implementing such paragraph, but in no event later than 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 the enactment of this Act. (ii) For purposes of clause (i), in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. (B) Paragraph (2).--(i) The amendments made by subparagraphs (A) and (B) of paragraph (2) shall take effect on the date on which the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance enters into force for the United States. (ii) The amendments made by subparagraph (C) of paragraph (2) shall take effect on the date of the enactment of this Act. SEC. 3. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY. (a) In General.--Section 452 (42 U.S.C. 652), as amended by section 2(a)(1) of this Act, is amended by adding at the end the following: ``(o) Data Exchange Standardization for Improved Interoperability.-- ``(1) Data exchange standards.-- ``(A) Designation.--The Secretary, in consultation with an interagency work group which shall be established by the Office of Management and Budget, and considering State and tribal perspectives, shall, by rule, designate a data exchange standard for any category of information required to be reported under this part. ``(B) Data exchange standards must be nonproprietary and interoperable.--The data exchange standard designated under subparagraph (A) shall, to the extent practicable, be nonproprietary and interoperable. ``(C) Other requirements.--In designating data exchange standards under this section, the Secretary shall, to the extent practicable, incorporate-- ``(i) interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization; ``(ii) interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and ``(iii) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory Council. ``(2) Data exchange standards for reporting.-- ``(A) Designation.--The Secretary, in consultation with an interagency work group established by the Office of Management and Budget, and considering State and tribal perspectives, shall, by rule, designate data exchange standards to govern the data reporting required under this part. ``(B) Requirements.--The data exchange standards required by subparagraph (A) shall, to the extent practicable-- ``(i) incorporate a widely-accepted, nonproprietary, searchable, computer-readable format; ``(ii) be consistent with and implement applicable accounting principles; and ``(iii) be capable of being continually upgraded as necessary. ``(C) Incorporation of nonproprietary standards.-- In designating reporting standards under this paragraph, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Markup Language.''. (b) Effective Dates.-- (1) Data exchange standards.--The Secretary of Health and Human Services shall issue a proposed rule under section 452(o)(1) of the Social Security Act within 12 months after the date of the enactment of this section, and shall issue a final rule under such section 452(o)(1), after public comment, within 24 months after such date of enactment. (2) Data reporting standards.--The reporting standards required under section 452(o)(2) of such Act shall become effective with respect to reports required in the first reporting period, after the effective date of the final rule referred to in paragraph (1) of this subsection, for which the authority for data collection and reporting is established or renewed under the Paperwork Reduction Act. SEC. 4. EFFICIENT USE OF THE NATIONAL DIRECTORY OF NEW HIRES DATABASE FOR FEDERALLY SPONSORED RESEARCH ASSESSING THE EFFECTIVENESS OF FEDERAL POLICIES AND PROGRAMS IN ACHIEVING POSITIVE LABOR MARKET OUTCOMES. Section 453 (42 U.S.C. 653) is amended-- (1) in subsection (i)(2)(A), by striking ``24'' and inserting ``48''; and (2) in subsection (j), by striking paragraph (5) and inserting the following: ``(5) Research.-- ``(A) In general.--Subject to subparagraph (B) of this paragraph, the Secretary may provide access to data in each component of the Federal Parent Locator Service maintained under this section and to information reported by employers pursuant to section 453A(b), for-- ``(i) research undertaken by a State or Federal agency (including through grant or contract) for purposes found by the Secretary to be likely to contribute to achieving the purposes of part A or this part; or ``(ii) an evaluation or statistical analysis undertaken to assess the effectiveness of a Federal program in achieving positive labor market outcomes (including through grant or contract), by-- ``(I) the Department of Health and Human Services; ``(II) the Social Security Administration; ``(III) the Department of Labor; ``(IV) the Department of Education; ``(V) the Department of Housing and Urban Development; ``(VI) the Department of Justice; ``(VII) the Department of Veterans Affairs; ``(VIII) the Bureau of the Census; ``(IX) the Department of Agriculture; or ``(X) the National Science Foundation. ``(B) Personal identifiers.--Data or information provided under this paragraph may include a personal identifier only if, in addition to meeting the requirements of subsections (l) and (m)-- ``(i) the State or Federal agency conducting the research described in subparagraph (A)(i), or the Federal department or agency undertaking the evaluation or statistical analysis described in subparagraph (A)(ii), as applicable, enters into an agreement with the Secretary regarding the security and use of the data or information; ``(ii) the agreement includes such restrictions or conditions with respect to the use, safeguarding, disclosure, or redisclosure of the data or information (including by contractors or grantees) as the Secretary deems appropriate; ``(iii) the data or information is used exclusively for the purposes defined in the agreement; and ``(iv) the Secretary determines that the provision of data or information under this paragraph is the minimum amount needed to conduct the research, evaluation, or statistical analysis, as applicable, and will not interfere with the effective operation of the program under this part. ``(C) Penalties for unauthorized disclosure of data.--Any individual who willfully discloses a personal identifier (such as a name or social security number) provided under this paragraph, in any manner to an entity not entitled to receive the data or information, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both.''. SEC. 5. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives June 5, 2012. Attest: KAREN L. HAAS, Clerk.
International Child Support Recovery Improvement Act of 2012 - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to use the authorities otherwise provided by law to ensure U.S. compliance with any multilateral child support convention to which the United States is a party. Authorizes access to the Federal Parent Locator Service (FPLS) by an entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country (for which the 2007 Family Maintenance Convention is in force) so that foreign reciprocating countries will be notified of the state of residence of individuals sought for support enforcement. Gives the state the option to require individuals applying for services relating to establishment of paternity or child support obligations who reside in a foreign reciprocating country or foreign treaty country to apply for such services with respect to a child through the Central Authority for child support enforcement in the foreign country. Allows the state to accept or reject the application of any individual residing in a foreign country that is not a foreign reciprocating country or a foreign treaty country. Directs the Secretary of HHS to designate: (1) a nonproprietary and interoperable data exchange standard for any category of information required to be reported under SSA title IV part D, and (2) data exchange standards to govern reporting of such data. Increases from 24 to 48 months the length of time information entered into the data base maintained by the National Directory of New Hires shall remain before being deleted. Revises the authority of the Secretary of HHS to provide access to data in each component of the FPLS and to information reported by employers for certain research purposes. Limits such research to any undertaken by a state or federal agency for purposes likely to contribute to achieving the purposes of SSA title IV part A (Temporary Assistance for Needy Families) (TANF) or in SSA title IV part D. Authorizes the Secretary to provide access also for an evaluation or statistical analysis to assess the effectiveness of a federal program in achieving positive labor market outcomes (including through grant or contract) by specified federal departments and entities. Reverses the current prohibition against personal identifiers in such research to allow them if certain requirements are met.
{"src": "billsum_train", "title": "To amend part D of title IV of the Social Security Act to ensure that the United States can comply fully with the obligations of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bituminous Coal Mining Industry Labor Law Amendment of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the production of bituminous coal involves, by its very nature, the depletion of resources at work locations, (2) various mining arrangements and technological advances in the last 20 years have adversely impacted on job security for workers employed in the bituminous coal mining industry, (3) both workers and employers share the mutual goal of mining coal safely and efficiently, and (4) the safe and efficient mining of coal can best be achieved by the use of experienced miners who are knowledgeable as to the industry's standards. SEC. 3. SINGLE EMPLOYERS IN THE BITUMINOUS COAL MINING INDUSTRY. (a) Definition of Single Employer.--Section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)) is amended by adding at the end thereof the following: ``Any two or more business entities engaged primarily in the production of coal, including removal of overburden and coal waste, preparation, processing and cleaning of coal, and transportation of coal, repair and maintenance work normally performed at mine sites or at central shops of a mine site, and the maintenance of gob piles in mine roads, performing work covered by a collective bargaining agreement to which any of the entities is a party, performing the type of work described in such agreement, and having directly or indirectly substantial common ownership, substantial common management, or substantial common control shall be deemed a single employer. The terms and provisions of a contractor-subcontractor relationship between any 2 or more business entities working at a mining operation shall not be deemed to create a single employer or be considered as evidence of direct or indirect common management or control, within the meaning of the preceding sentence.''. (b) Concerning Scope of Duty to Bargain.--Section 8(d) of such Act (29 U.S.C. 158(d)) is amended by adding at the end the following: ``Whenever the collective bargaining involves employees of a business entity comprising part of a single employer in the bituminous coal mining industry, as defined in section 2(2) of this Act, the duty to bargain collectively, for the purposes of this section, shall include the duty to apply the terms of a collective bargaining agreement between such business entity and a labor organization to all other business entities comprising the single employer and performing the work described in the collective bargaining agreement. An agreement lawfully made pursuant to this subsection shall impose the same obligations under this Act as an agreement with the majority representative pursuant to section 9(a). Nothing in this subsection shall set aside the final proviso to subsection (a)(3) of this section. Any agreement which would be invalid, but for clause (1) of this subsection, shall not be a bar to a petition filed pursuant to section 159(c) or section 159(e). Any agreement lawfully made pursuant to this subsection may be repudiated only after the Board certified the results of an election conducted pursuant to section 9(c), in which a majority of employees in an appropriate bargaining unit (as defined in section 9(b)) either selects a bargaining representative other than the labor organization with which such agreement was made or chooses not to be represented by a labor organization.''. (c) Section 159 Representatives and Elections.--Section 9 of such Act (29 U.S.C. 159) is amended by inserting a new ``(1)'' after ``(b)'' and by adding at the end the following: ``A majority of the employees in a unit appropriate for such purposes shall also include a majority of employees working at any 2 or more business entities engaged primarily in the production of coal, including removal of overburden and coal waste, preparation, processing and cleaning of coal, and transportation for coal, repair and maintenance work normally performed at mine sites or at central shops of a mine site and the maintenance of gob piles in mine roads, performing work covered by a collective bargaining agreement to which any of the entities is a party, performing the type of work described in such agreement where 2 or more entities have either directly or indirectly (A) substantial common ownership, (B) substantial common management, or (C) substantial common control. SEC. 4. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by section 3 shall take effect upon the date of the enactment of this Act. (b) Special Rules.--The requirement imposed by an amendment made by section 3(b) shall take effect-- (1) one year after such date of enactment with respect to any bituminous coal mining operation for which the contract was entered into by an employer before the date of the enactment of this Act; and (2) on the date on which the contract is entered into with respect to any bituminous coal mining operation for which the contract is entered into by an employer on or after the date of the enactment of this Act.
Bituminous Coal Mining Industry Labor Law Amendment of 1993 - Amends the National Labor Relations Act to add provisions involving the bituminous coal mining industry relating to: (1) definition of single employer; (2) scope of duty to bargain; and (3) union representatives and elections.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Korean Immigration Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds the following: (1) January 13, 2003, marked the 100th anniversary of the first wave of Korean immigration to the United States. (2) At the time of that anniversary, more than 100 Korean American communities throughout this Nation commemorated this important event. (3) According to immigration records, in December 1902, 56 men, 21 women, and 25 children left Korea and sailed across the Pacific Ocean aboard the S.S. Gaelic, landing in Honolulu, Hawaii, on January 13, 1903. (4) These early Korean immigrants worked at sugar cane and pineapple fields in Hawaii. (5) Since that first voyage, approximately 1,000,000 Koreans have immigrated to the United States. (6) Korean Americans have served with distinction in the Armed Forces of the United States with distinction in every war and armed conflict from World War I through Operation Enduring Freedom. (7) Korean Americans have taken root and thrived in the United States through strong family ties, robust community support, and countless hours of hard work. (8) Korean immigrants have invigorated business, church, and academic communities throughout the United States and Korean Americans have also established themselves as important members in the medical, legal, financial, and governmental professions. (9) The strategic partnership between the United States and Korea has helped undergird peace and stability in the Asia Pacific region and has provided economic benefits not only to the people of the United States and Korea, but also to the entire world. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 20,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 10,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 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 immigration of Koreans into the United States and the significant contributions of Korean Americans to this Nation. (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 ``2018''; 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 Commission of Fine Arts; and (2) reviewed by the Citizens Coinage 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) Period of Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2018. 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 as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution.--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 Council on 100th Year Korean Immigration Commemorative Coin Act to provide academic scholarships. (c) Audits.--The Council on 100th Year Korean Immigration Commemorative Coin Act 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 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.
Korean Immigration Commemorative Coin Act - Directs the Secretary of the Treasury, during the one-year period beginning January 1, 2018, to mint and issue $5 gold coins and $1 silver coins emblematic of the immigration of Koreans into the United States and their significant contributions to this nation. Requires all surcharges received from coin sales to be promptly paid by the Secretary to the Council on 100th Year Korean Immigration Commemorative Coin Act in order to provide academic scholarships.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Surface Owner Protection Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROTECTION OF WATER RESOURCES Sec. 101. Mineral Leasing Act requirements. Sec. 102. Relationship to State law. TITLE II--SURFACE OWNER PROTECTION Sec. 201. Definitions. Sec. 202. Post-lease surface use agreement. Sec. 203. Authorized exploration and drilling operations. Sec. 204. Surface owner notification. TITLE III--RECLAMATION AND BONDING Sec. 301. Reclamation requirements and bond. TITLE I--PROTECTION OF WATER RESOURCES SEC. 101. MINERAL LEASING ACT REQUIREMENTS. Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(q) Water Requirements.-- ``(1) In general.--An operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall-- ``(A) replace the water supply of a water user who obtains all or part of the supply of the user of water for domestic, agricultural, or other purposes from an underground or surface source that has been affected by contamination, diminution, or interruption proximately resulting from drilling operations for the production; and ``(B) comply with all applicable requirements of Federal and State law for discharge of any water produced under the lease. ``(2) Water management plan.--An application for a lease under this subsection shall be accompanied by a proposed water management plan including provisions-- ``(A) to protect the quantity and quality of surface and ground water systems, both on-site and off- site, from adverse effects of the exploration, development, and reclamation processes or to provide alternative sources of water if the protection cannot be ensured; ``(B) to protect the rights of present users of water that would be affected by operations under the lease, including the discharge of any water produced in connection with the operations that is not reinjected; and ``(C) to identify any agreements with other parties for the beneficial use of produced waters and the steps that will be taken to comply with Federal and State laws relating to the use.''. SEC. 102. RELATIONSHIP TO STATE LAW. Nothing in this Act or an amendment made by this Act-- (1) impairs or affects any right or jurisdiction of any State with respect to the waters of the State; or (2) limits, alters, modifies, or amends any of the interstate compacts or equitable apportionment decrees that apportion water among and between States. TITLE II--SURFACE OWNER PROTECTION SEC. 201. DEFINITIONS. In this title: (1) Lease.--The term ``lease'' means a lease issued by the Secretary under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or any other law, providing for development of oil and gas resources (including coalbed methane) owned by the United States. (2) Lessee.--The term ``lessee'' means the holder of a lease. (3) Operator.--The term ``operator'' means any person that is responsible under the terms and conditions of a lease for the operations conducted on leased land or any portion of the land. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 202. POST-LEASE SURFACE USE AGREEMENT. (a) In General.--Except as provided in section 203, the Secretary may not authorize any operator to conduct exploration and drilling operations on land with respect to which title to oil and gas resources is held by the United States but title to the surface estate is not held by the United States, until the operator has filed with the Secretary a document, signed by the operator and the 1 or more surface owners, indicating that the operator has secured a written surface use agreement between the operator and the 1 or more surface owners that meets the requirements of subsection (b). (b) Contents.--A surface use agreement shall provide for-- (1) the use of only the portion of the surface estate that is reasonably necessary for exploration and drilling operations based on site-specific conditions, as determined by the Secretary; (2) the accommodation of the surface estate owner, to the maximum extent practicable, including the location, use, timing, and type of exploration and drilling operations, consistent with the right of the operator to develop the oil and gas estate; (3) the reclamation of the site to a condition capable of supporting the uses which the land was capable of supporting prior to exploration and drilling operations; and (4) compensation for damages as a result of exploration and drilling operations, including-- (A) loss of income and increased costs incurred; (B) damage to or destruction of personal property, including crops, forage, and livestock; and (C) failure to reclaim the site in accordance with paragraph (3). (c) Procedure.-- (1) Notice.--An operator shall notify each surface estate owner of the desire of the operator to conclude an agreement under this section. (2) Arbitration.-- (A) In general.--If the surface estate owner and the operator do not reach an agreement within 90 days after the date on which the operator provided the notice, the matter shall be referred to third party arbitration for resolution within a period of 90 days. (B) Cost.--The cost of the arbitration shall be the responsibility of the operator. (C) Arbitrators.--The Secretary shall-- (i) identify persons with experience in conducting arbitrations; and (ii) make the information available to operators. (D) Referrals.--Referral of a matter for arbitration by a person identified by the Secretary pursuant to subparagraph (C) shall constitute compliance with paragraph (1). (d) Attorneys Fees.--If action is taken to enforce or interpret any of the terms and conditions contained in a surface use agreement, the prevailing party shall be reimbursed by the other party for reasonable attorneys fees and actual costs incurred, in addition to any other relief that a court or arbitration panel may grant. SEC. 203. AUTHORIZED EXPLORATION AND DRILLING OPERATIONS. (a) In General.--The Secretary may authorize an operator to conduct exploration and drilling operations on land covered by section 202 in the absence of an agreement with each surface estate owner, if-- (1) the Secretary makes a determination, in writing, that the operator made a good faith attempt to conclude such an agreement, including referral of the matter to arbitration pursuant to section 202(c)(2), but that no agreement was concluded within 90 days after the referral to arbitration; (2) the operator submits a plan of operations that covers the matters specified in section 202(b) and for compliance with all other applicable requirements of Federal and State law; and (3) the operator posts a bond or other financial assurance in an amount the Secretary determines to be adequate to ensure compensation to the surface estate owner for any damage to the site, in the form of a surety bond, trust fund, letter of credit, government security, certificate of deposit, cash, or equivalent. (b) Surface Owner Participation.--The Secretary shall provide surface estate owners with an opportunity-- (1) to comment on plans of operations in advance of a determination of compliance with this title; (2) to participate in bond level determinations and bond release proceedings under this section; (3) to attend an on-site inspection during the determinations and proceedings; (4) to file written objections to a proposed bond release; and (5) to request and participate in an on-site inspection if the owners have reason to believe there is a violation of the terms and conditions of a plan of operations. (c) Payment of Financial Guarantee.-- (1) In general.--A surface estate owner, with respect to any land subject to a lease, may petition the Secretary for payment of all or part of a bond or other financial assurance required under this section as compensation for any damage as a result of exploration and drilling operations. (2) Compensation.--Pursuant to the petition, the Secretary may use the bond or other guarantee to provide compensation to the surface estate owner for the damage. (d) Bond Release.--On request and after inspection and opportunity for surface estate owner review, the Secretary may release the financial assurance required under this section if the Secretary determines that-- (1) exploration and drilling operations have ended; and (2) all damage has been fully compensated. SEC. 204. SURFACE OWNER NOTIFICATION. The Secretary shall-- (1) notify surface estate owners of lease sales in writing at least 45 days in advance; (2) not later than 10 working days after the date on which a lease is issued, notify surface estate owners regarding the identity of the lessee; (3) notify surface estate owners in writing concerning any subsequent decisions regarding a lease, such as modifying or waiving stipulations and approving rights of way; and (4) notify surface estate owners not later than 5 business days after the date of issuance of a drilling permit under a lease. TITLE III--RECLAMATION AND BONDING SEC. 301. RECLAMATION REQUIREMENTS AND BOND. (a) In General.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) (as amended by section 101) is amended by adding at the end the following: ``(r) Reclamation Requirements and Bond.-- ``(1) Requirements.--An operator producing oil or gas (including coalbed methane) under a lease issued pursuant to this Act shall-- ``(A) at a minimum, restore the land affected to a condition capable of supporting the uses that the land was capable of supporting prior to any drilling, or higher or better uses if there is reasonable likelihood that-- ``(i) the 1 or more uses do not-- ``(I) present any actual or probable hazard to public health or safety; or ``(II) pose any actual or probable threat of water diminution or pollution; and ``(ii) the declared proposed land use of the permit applicant following reclamation-- ``(I) is not impractical or unreasonable, inconsistent with applicable land use policies and plans, or involve unreasonable delay in implementation; and ``(II) does not violate Federal, State, or local law; ``(B) ensure that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable with the oil and gas drilling operations; and ``(C) submit, with the plan of operations, a reclamation plan that describes in detail the methods and practices that will be used to ensure complete and timely restoration of all land affected by oil and gas operations. ``(2) Reclamation bond.-- ``(A) In general.--An operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall post a bond that covers the area of land within the permit area on which the operator will initiate and conduct oil and gas drilling and reclamation operations within the initial term of the permit. ``(B) Additional bonds.--As succeeding increments of oil and gas drilling and reclamation operations are initiated and conducted within the permit area, the lessee shall file with the regulatory authority 1 or more additional bonds to cover the increments in accordance with this section. ``(C) Amount.--The amount of the bond required for each bonded area shall-- ``(i) meet the reclamation requirements of the approved permit; ``(ii) reflect the probable difficulty of reclamation considering factors such as topography, the geology of the site, hydrology, and revegetation potential; ``(iii) be determined by the Secretary; and ``(iv) be sufficient to ensure the completion of the reclamation plan if the work had to be performed by the Secretary in the event of forfeiture. ``(3) Regulations.--No later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate regulations to implement the requirements of this subsection.''. (b) Review and Report.-- (1) Review.--The Comptroller General of the United States shall conduct a review of the adequacy of the regulations promulgated by the Secretary of the Interior pursuant to subsection (r)(3) of section 17 of the Mineral Leasing Act (30 U.S.C. 226) (as added by subsection (a)) to ensure that operators will meet the requirements of subsection (r) of that section. (2) Report.--Not later than 180 days after the date on which the Secretary promulgates regulations pursuant to subsection (r)(3) of section 17 of the Mineral Leasing Act (30 U.S.C. 226) (as added by subsection (a)), the Comptroller General of the United States shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the review conducted under paragraph (1), including-- (A) any findings and conclusions of the Comptroller General of the United States; and (B) any recommendations the Comptroller General may make with respect to any legislation or administrative actions the Comptroller General of the United States determines would be appropriate to ensure compliance with the requirements of subsection (r) of that section.
Surface Owner Protection Act - Amends the Mineral Leasing Act to require an operator producing oil or gas (including coalbed methane) under a federal lease to: (1) replace the water supply of a water user who obtains all or part of it from an underground or surface source affected by contamination, diminution, or interruption proximately resulting from such drilling operations; and (2) comply with federal and state law governing discharge of water produced under the lease. Prohibits the Secretary of the Interior from authorizing exploration and drilling operations on land with respect to which title to oil and gas resources is held by the United States but not the title to the surface estate, unless the operator has filed a document with the Secretary, signed by the operator and surface owners, that a written surface use agreement has been consummated meeting certain criteria. Cites conditions under which the Secretary may authorize an operator to conduct exploration and drilling operations in the absence of such an agreement. Requires the Secretary to comply with specified surface owner notification requirements. Sets forth reclamation and bond requirements.
{"src": "billsum_train", "title": "A bill to amend the Mineral Leasing Act to ensure that development of certain Federal oil and gas resources will occur in a manner that protects water resources and respects the rights of surface owners, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Superior National Forest Fund Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The anticipated number of persons using the facilities of the Superior National Forest requires additional funding to provide minimum sanitary and safety related service at the Superior National Forest as well as management of the environment and riparian areas. (2) The quality of services provided at the Superior National Forest and the integrity of the environment could best be served by maintaining public, rather than private, management of the Superior National Forest. (3) The users of units of the National Forest System have demonstrated a willingness to pay a user fee for maintenance and operation if the locally collected funds are returned to the unit. (b) Purpose.--It is the purpose of this Act to use funds generated from fees charged in connection with the recreational use of the Superior National Forest-- (1) to assure adequate funding of maintenance and operation of the Superior National Forest; and (2) to provide additional funding to the counties in which the Superior National Forest is located, enabling the counties to increase investment in facilities and services related to public safety, sanitation, and the recreational environment. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Recreation site.--The term ``recreation site'' means a campground, picnic ground, swimming site, boat launch site, lake access site, or other man-made or natural recreational facility in the Superior National Forest. (2) Recreation use fee; fee.--The terms ``recreation use fee'' or ``fee'' mean a fee that is charged for the use of a recreation site in the Superior National Forest. (3) Recreation use pass.--The term ``recreation use pass'' means a document that entitles the holder access and use of recreation sites in the Superior National Forest for a specified period of time. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. TEMPORARY AUTHORITY TO COLLECT RECREATION USE FEES. (a) Recreation Use Fee Authorized.--Except as provided in subsection (b), the Secretary may establish and collect recreation use fees at designated recreation sites within the Superior National Forest. (b) Exceptions.--The Secretary may not impose or collect a recreation use fee for the use or provision in the Superior National Forest, either singly or in any combination, of drinking water, wayside exhibits, toilet facilities, general purpose roads, overlook sites, or general information. The Secretary may not impose or collect a fee from any officer or employee of the Federal Government or State or local government authorized by the Secretary to perform administrative duties at recreation sites in the Superior National Forest. (c) Establishment and Collection.--Establishment and collection of recreation use fees shall be made in accordance with subsections (d) and (e) of section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a). The Secretary may authorize the collection of fees by volunteers in accordance with subsection (k) of such section. (d) Golden Age Passport and Golden Access Passport.--Any person holding a valid Golden Age Passport or Golden Access Passport issued under paragraph (4) or (5) of section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled upon presentation of such passport to use a recreation site within the Superior National Forest at a rate equal to 50 percent of the recreation use fee otherwise applicable to such recreation site. (e) Effect on Other Laws.--Recreation use fees established under this section for use of recreation sites in the Superior National Forest shall be in lieu of any recreation use fees for such recreation sites under section 4(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) or section 1401 of the Omnibus Budget Reconciliation Act of 1993 (16 U.S.C. 460l-6c). SEC. 5. TEMPORARY AUTHORITY TO SELL RECREATION USE PASSES. (a) Recreation Use Pass Authorized.--The Secretary shall make available for purchase recreation use passes for the use on a daily or annual basis of recreation sites in the Superior National Forest otherwise subject to a recreation use fee. Use of an annual recreation use pass shall be subject to any single stay time limits imposed on the recreation site. (b) Availability.--The Secretary may have recreation use passes available for sale at any recreation site for which a recreation use fee is charged or at other convenient locations. (c) Use of Pass.--The recreation use pass shall apply to-- (1) the pass holder and any person accompanying the pass holder in a single, private, noncommercial vehicle; or (2) the pass holder and the spouse, children, and parents of the pass holder accompanying the pass holder where entry to a recreation site is by any means other than a private, noncommercial vehicle. (d) Golden Age Passport and Golden Access Passport.--Any person holding a valid Golden Age Passport or Golden Access Passport issued under paragraph (4) or (5) of section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled upon presentation of such passport to purchase of a recreation use pass for the Superior National Forest at a rate equal to 50 percent of the purchase price otherwise applicable to the recreation use pass. (e) Rules and Regulations, Enforcement Powers.--Recreation use passes sold under this section shall be nontransferable. The unlawful use of a recreation use pass shall be punishable in accordance with regulations established under section 4(e) of the Land and Water Conservation Fund Act of 1964 (16 U.S.C. 460l-6a(e)). SEC. 6. TERMINATION OF AUTHORITY. (a) Termination.--The authority of the Secretary to establish or collect fees under section 4 or sell recreation use passes under section 5 shall expire at the end of the seven-year period beginning on the date of the enactment of this Act. Termination of such authority shall not affect the validity of any annual recreation use pass sold under section 5 before that date. (b) Report.--Not later than six years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report evaluating the authority provided by sections 4 and 5 regarding recreation use fees and recreation use passes. The report shall include any recommendations of the Secretary for modifying the authority, for extending the authority beyond the date specified in subsection (a), or for extending the authority to other units of the National Forest System. SEC. 7. DISPOSITION OF RECREATION USE FEES AND FUNDS FROM SALES OF RECREATION USE PASSES. (a) Deposit of Funds.--Notwithstanding paragraphs (1), (2), or (3) of section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)), recreation use fees collected under section 4 and amounts received from sales of recreation use passes under section 5 shall be deposited in a special account in the Treasury. (b) Use of Funds.-- (1) Operation, maintenance, and other uses.--In such amounts as are provided in advance in appropriation Acts, the Secretary may use amounts in the special account to provide supplemental funds for operation, maintenance, and management of recreation sites within the Superior National Forest, for interpretation and management of resources in the Superior National Forest, and for administrative costs associated with such activities. (2) Payments to states and counties.--Recreation use fees collected under section 4 and amounts received for recreation use passes sold under section 5 shall be considered as money received for purpose of computing and distributing payments to States and counties pursuant to section 13 of the Act of March 1, 1911 (16 U.S.C. 500). (c) Roads and Trails.--Recreation use fees collected under section 4 and amounts received for recreation use passes sold under section 5 shall not be considered as money received for purpose of the fourteenth paragraph under the heading ``forest service'' of the Act of March 4, 1913 (16 U.S.C. 501).
Superior National Forest Fund Act - Authorizes the Secretary of Agriculture to collect recreation use fees and sell recreation use passes on a temporary basis within the Superior National Forest, Minnesota.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Penalty Enhancement Act''. SEC. 2. AGGRAVATED IDENTITY THEFT. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding after section 1028, the following: ``Sec. 1028A. Aggravated identity theft ``(a) Offenses.-- ``(1) In general.--Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ``(2) Terrorism offense.--Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. ``(b) Consecutive Sentence.--Notwithstanding any other provision of law-- ``(1) a court shall not place on probation any person convicted of a violation of this section; ``(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used; ``(3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ``(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28. ``(c) Definition.--For purposes of this section, the term `felony violation enumerated in subsection (c)' means any offense that is a felony violation of-- ``(1) section 641 (relating to theft of public money, property, or rewards), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 664 (relating to theft from employee benefit plans); ``(2) section 911 (relating to false personation of citizenship); ``(3) section 922(a)(6) (relating to false statements in connection with the acquisition of a firearm); ``(4) any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7); ``(5) any provision contained in chapter 63 (relating to mail, bank, and wire fraud); ``(6) any provision contained in chapter 69 (relating to nationality and citizenship); ``(7) any provision contained in chapter 75 (relating to passports and visas); ``(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses); ``(9) section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card); ``(10) any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); or ``(11) section 208, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a-7b(a), and 1383a) (relating to false statements relating to programs under the Act).''. (b) Amendment to Chapter Analysis.--The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1028 the following new item: ``1028A. Aggravated identity theft.''. (c) Application of Definitions From Section 1028.--Section 1028(d) of title 18, United States Code, is amended by inserting ``and section 1028A'' after ``In this section''. SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PROHIBITION. Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7)-- (A) by striking ``transfers'' and inserting ``transfers, possesses,''; and (B) by striking ``abet,'' and inserting ``abet, or in connection with,''; (2) in subsection (b)(1)(D), by striking ``transfer'' and inserting ``transfer, possession,''; (3) in subsection (b)(2), by striking ``three years'' and inserting ``5 years''; and (4) in subsection (b)(4), by inserting after ``facilitate'' the following: ``an act of domestic terrorism (as defined under section 2331(5) of this title) or''. SEC. 4. AGGREGATION OF VALUE FOR PURPOSES OF SECTION 641. The penultimate paragraph of section 641 of title 18 of the United States Code is amended by inserting ``in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case,'' after ``value of such property'' . SEC. 5. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION. (a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and its policy statements to ensure that the guideline offense levels and enhancements appropriately punish identity theft offenses involving an abuse of position. (b) Requirements.--In carrying out this section, the United States Sentencing Commission shall do the following: (1) Amend U.S.S.G. section 3B1.3 (Abuse of Position of Trust of Use of Special Skill) to apply to and punish offenses in which the defendant exceeds or abuses the authority of his or her position in order to obtain unlawfully or use without authority any means of identification, as defined section 1028(d)(4) of title 18, United States Code. (2) Ensure reasonable consistency with other relevant directives, other sentencing guidelines, and statutory provisions. (3) Make any necessary and conforming changes to the sentencing guidelines. (4) Ensure that the guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. In addition to any other sums authorized to be appropriated for this purpose, there is authorized to be appropriated to the Department of Justice, for the investigation and prosecution of identity theft and related credit card and other fraud cases constituting felony violations of law, $2,000,000 for fiscal year 2005 and $2,000,000 for each of the 4 succeeding fiscal years. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Identity Theft Penalty Enhancement Act - (Sec. 2) Amends the Federal criminal code to establish penalties for aggravated identity theft. Prescribes sentences, to be imposed in addition to the punishments provided for the related felonies, of: (1) two years' imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including theft of public property, theft by a bank officer or employee, theft from employee benefit plans, various fraud and immigration offenses, and false statements regarding Social Security and Medicare benefits); and (2) five years' imprisonment for knowingly taking such action with respect to a means of identification or a false identification document during and in relation to specified felony violations pertaining to terrorist acts. Prohibits a court from: (1) placing any person convicted of such a violation on probation; (2) reducing any sentence for the related felony to take into account the sentence imposed for such a violation; or (3) providing for concurrent terms of imprisonment for a violation of this Act and a violation under any other Act. (Sec. 3) Expands the existing identify theft prohibition to: (1) cover possession of a means of identification of another with intent to commit specified unlawful activity; (2) increase penalties for violations; and (3) include acts of domestic terrorism within the scope of a prohibition against facilitating an act of international terrorism. (Sec. 4) Modifies provisions regarding embezzlement and theft of public money, property, or records to provide for combining amounts from all the counts for which the defendant is convicted in a single case for purposes of determining which penalties apply. (Sec. 5) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to ensure that the guideline offense levels and enhancements appropriately punish identity theft offenses involving an abuse of position. (Sec. 6) Authorizes appropriations to the Department of Justice for the investigation and prosecution of identity theft and related credit card and other fraud cases constituting felonies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Emergency Health Services Reimbursement Act of 2003''. SEC. 2. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS. Section 4723 of the Balanced Budget Act of 1997 (8 U.S.C. 1611 note) is amended to read as follows: ``SEC. 4723. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS. ``(a) Total Amount Available for Allotment.--There is appropriated, out of any funds in the Treasury not otherwise appropriated, $1,450,000,000 for each of fiscal years 2004 through 2008, for the purpose of making allotments under this section to States described in paragraph (1) or (2) of subsection (b). Funds appropriated under the preceding sentence shall remain available until expended. ``(b) State Allotments.-- ``(1) Based on percentage of undocumented aliens.-- ``(A) In general.--Out of the amount appropriated under subsection (a) for each fiscal year, the Secretary shall use $957,000,000 of such amount to make allotments for each such fiscal year in accordance with subparagraph (B). ``(B) Formula.--The amount of the allotment for each State for a fiscal year shall be equal to the product of-- ``(i) the total amount available for allotments under this paragraph for the fiscal year; and ``(ii) the percentage of undocumented aliens residing in the State with respect to the total number of such aliens residing in all States, as determined by the Statistics Division of the Immigration and Naturalization Service, as of January 2003, based on the 2000 decennial census. ``(2) Based on number of undocumented alien apprehension states.-- ``(A) In general.--Out of the amount appropriated under subsection (a) for a fiscal year, the Secretary shall use $493,000,000 of such amount to make allotments for each such fiscal year for each of the 6 States with the highest number of undocumented alien apprehensions for such fiscal year. ``(B) Determination of allotments.--The amount of the allotment for each State described in subparagraph (A) for a fiscal year shall bear the same ratio to the total amount available for allotments under this paragraph for the fiscal year as the ratio of the number of undocumented alien apprehensions in the State in the fiscal year bears to the total of such numbers for all such States for such fiscal year. ``(C) Data.--For purposes of this paragraph, the highest number of undocumented alien apprehensions for a fiscal year shall be based on the 4 most recent quarterly apprehension rates for undocumented aliens in such States, as reported by the Immigration and Naturalization Service. ``(3) Rule of construction.--Nothing in this section shall be construed as prohibiting a State that is described in both of paragraphs (1) and (2) from receiving an allotment under both paragraphs for a fiscal year. ``(c) Use of Funds.-- ``(1) Authority to make payments.--From the allotments made for a State under subsection (b) for a fiscal year, the Secretary shall pay directly to local governments, hospitals, or other providers located in the State (including providers of services received through an Indian Health Service facility whether operated by the Indian Health Service or by an Indian tribe or tribal organization) that provide uncompensated emergency health services furnished to undocumented aliens during that fiscal year, and to the State, such amounts (subject to the total amount available from such allotments) as the local governments, hospitals, providers, or State demonstrate were incurred for the provision of such services during that fiscal year. ``(2) Limitation on state use of funds.--Funds paid to a State from allotments made under subsection (b) for a fiscal year may only be used for making payments to local governments, hospitals, or other providers for costs incurred in providing emergency health services to undocumented aliens or for State costs incurred with respect to the provision of emergency health services to such aliens. ``(3) Inclusion of costs incurred with respect to certain aliens.--Uncompensated emergency health services furnished to aliens who have been allowed to enter the United States for the sole purpose of receiving emergency health services may be included in the determination of costs incurred by a State, local government, hospital, or other provider with respect to the provision of such services. ``(d) Applications; Advance Payments; Reallotment of Unused Funds.-- ``(1) Deadline for establishment of application process.-- ``(A) In general.--Not later than July 31, 2003, the Secretary shall establish a process under which States, local governments, hospitals, or other providers located in the State may apply for payments from allotments made under subsection (b) for a fiscal year for uncompensated emergency health services furnished to undocumented aliens during that fiscal year. ``(B) Inclusion of measures to combat fraud.--The Secretary shall include in the process established under subparagraph (A) measures to ensure that fraudulent payments are not made from the allotments determined under subsection (b) or from amounts reallotted under paragraph (3). ``(2) Advance payment; retrospective adjustment.--The process established under paragraph (1) shall allow for making payments under this section for each quarter of a fiscal year on the basis of advance estimates of expenditures submitted by applicants for such payments and such other investigation as the Secretary may find necessary, and for making reductions or increases in the payments as necessary to adjust for any overpayment or underpayment for prior quarters. ``(3) Reallotment of unused funds.-- ``(A) In general.--With respect to allotments made under subsection (b) for a fiscal year, the amount of any allotment to a State for a fiscal year that the Secretary determines will not be expended during that fiscal year or the succeeding fiscal year shall be available for reallotment during the second succeeding fiscal year, on such date as the Secretary may determine, to other States with allotments under that subsection that the Secretary determines will use such excess amounts during that second succeeding fiscal year. ``(B) Determination of reallotments.--Reallotments under subparagraph (A) shall be made in the same manner as allotments are determined under paragraphs (1) and (2) of subsection (b) but only with respect to those States that the Secretary determines qualify for a reallotment for a fiscal year under that subparagraph. ``(C) Treatment.--Any amount reallotted under subparagraph (A) to a State is deemed to be part of its allotment under subsection (b) for the fiscal year in which the reallotment occurs. ``(e) Definitions.--In this section: ``(1) Hospital.--The term `hospital' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)). ``(2) Indian tribe; tribal organization.--The terms `Indian tribe' and `tribal organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act. ``(3) Provider.--The term `provider' includes a physician, any other health care professional licensed under State law, and any other entity that furnishes emergency health services, including ambulance services. ``(4) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(5) State.--The term `State' means the 50 States and the District of Columbia. ``(f) Entitlement.--This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of amounts provided under this section.''.
Local Emergency Health Services Reimbursement Act of 2003 - Amends the Balanced Budget Act of 1997 to appropriate $1,450,000,000 for each of FY's 2004 through 2008 for allotments to States for reimbursement of emergency health services furnished to undocumented aliens (presently such appropriations end after FY 2001). Sets forth formulas for the disbursement of funds by the Secretary of Health and Human Services. Declares that $957,000,000 shall be allotted based on a percentage of undocumented aliens and $493,000,000 shall be allotted based on numbers of undocumented alien apprehensions (in the six States with the highest number of such apprehensions).Permits a State to receive funds on both accounts. Allows funds to go to States, local governments, hospitals, or other providers in a State, including providers of services received through an Indian Health Service facility (presently funds go only to States). Permits reimbursement to providers for the uncompensated provision of emergency health services to aliens who have been allowed to enter the United States for the sole purpose of receiving such services.Directs the Secretary to ensure that fraudulent payments are not made from allotments under this Act. Allows for the reallotment of unused funds.Declares that this Act constitutes budget authority in advance of appropriations Acts.
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SECTION 1. FEDERAL HOUSING ADMINISTRATION MORTGAGE INSURANCE PROGRAMS. (a) Mortgage Amount Limits for Elevator-Type Structures.-- (1) Amendments.--Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is amended-- (A) in section 207(c)(3)(A) (12 U.S.C. 1713(c)(3)(A))-- (i) by inserting ``with sound standards of construction and design'' after ``elevator-type structures''; and (ii) by striking ``to not to exceed'' and all that follows through the semicolon at the end and inserting ``by not more than 50 percent of the amounts specified in this subparagraph for each unit size;''; (B) in section 213(b)(2)(A) (12 U.S.C. 1715e(b)(2)(A))-- (i) by inserting ``with sound standards of construction and design'' after ``consist of elevator-type structures''; and (ii) by striking ``to not to exceed'' and all that follows through ``; (B)(i)'' and inserting ``by not more than 50 percent of the amounts specified in this subparagraph for each applicable family unit size; (B)(i)''; (C) in section 220(d)(3)(B)(iii)(I) (12 U.S.C. 1715k(d)(3)(B)(iii)(I))-- (i) by inserting ``with sound standards of construction and design'' after ``consist of elevator-type structures''; and (ii) by striking ``family unit not to exceed'' and all that follows through ``design; and'' and inserting ``family unit by not more than 50 percent of the amounts specified in this subclause for each applicable family unit size; and''; (D) in section 221(d) (12 U.S.C. 1715l(d))-- (i) in paragraph (3)(ii)(I)-- (I) by inserting ``with sound standards of construction and design'' after ``consist of elevator-type structures''; and (II) by striking ``to not to exceed'' and all that follows through ``design;'' and inserting ``by not more than 50 percent of the amounts specified in this subclause for each applicable family unit size;''; and (ii) in paragraph (4)(ii)(I)-- (I) by inserting ``with sound standards of construction and design'' after ``consist of elevator-type structures''; and (II) by striking ``to not to exceed'' and all that follows through ``design;'' and inserting ``by not more than 50 percent of the amounts specified in this subclause for each applicable family unit size;''; (E) in section 231(c)(2)(A) (12 U.S.C. 1715v(c)(2)(A))-- (i) by inserting ``with sound standards of construction and design'' after ``consist of elevator-type structures''; and (ii) by striking ``to not to exceed'' and all that follows through ``design;'' and inserting ``by not more than 50 percent of the amounts specified in this subparagraph for each applicable family unit size;''; and (F) in section 234(e)(3)(A) (12 U.S.C. 1715y(e)(3)(A))-- (i) by inserting ``with sound standards of construction and design'' after ``consist of elevator-type structures''; and (ii) by striking ``to not to exceed'' and all that follows through ``sound standards of construction and design;'' and inserting ``by not more than 50 percent of the amounts specified in this subparagraph for each applicable family unit size;''. (b) Mortgage Amount Limits for Extremely High-Cost Areas.--Section 214 of the National Housing Act (12 U.S.C. 1715d) is amended-- (1) in the first sentence-- (A) by inserting ``or with respect to projects consisting of more than 4 dwelling units located in an extremely high-cost area, as determined by the Secretary'' after ``or the Virgin Islands,''; (B) by striking ``or the Virgin Islands without sacrifice'' and inserting ``or the Virgin Islands, or to construct projects consisting of more than 4 dwelling units on property located in an extremely high-cost area, as determined by the Secretary, without sacrifice''; and (C) by striking ``or the Virgin Islands in such'' and inserting ``or the Virgin Islands, or with respect to projects consisting of more than 4 dwelling units located in an extremely high-cost area, as determined by the Secretary, in such''; (2) in the second sentence-- (A) by striking ``the Virgin Islands shall'' and inserting ``the Virgin Islands, or with respect to a project consisting of more than 4 dwelling units located in an extremely high-cost area, as determined by the Secretary, shall''; and (B) by striking ``Virgin Islands:'' and inserting ``Virgin Islands, or in the case of a project consisting of more than 4 dwelling units in an extremely high-cost area as determined by the Secretary, in such extremely high-cost area:''; and (3) in the section heading, by striking ``and the virgin islands'' and inserting ``the virgin islands, and extremely high-cost areas''. (c) Effective Date.--The amendments made by this Act shall apply to mortgages insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.) on and after the date of enactment of this Act.
Amends the National Housing Act to revise the maximum mortgage loan principal amounts the Secretary of Housing and Urban Development (HUD) may insure for elevator-type multifamily structures for: (1) rental housing; (2) cooperative housing; (3) rehabilitation and neighborhood conservation housing; (4) housing for moderate income and displaced families; (5) housing for elderly persons; and (6) condominiums. Replaces the current specific dollar amount limitations per family unit by which the insurable mortgage principal obligation for elevator-type multifamily structures may be increased. Prescribes instead an increase limitation per family unit of up to 50% higher than the corresponding limitations for non-elevator-type multifamily structures. Authorizes the Secretary to prescribe a higher maximum (up to 50%) for the principal obligation of mortgages insured for multifamily projects located in an extremely high-cost area (similar to that for mortgage insurance for property in Alaska, Guam, Hawaii, and the Virgin Islands).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Pilot Hiring and Safety Act of 1996''. SEC. 2. EMPLOYMENT INVESTIGATIONS OF PILOTS. (a) In General.--Chapter 447 of title 49, United States Code, is amended by redesignating section 44723 as section 44724 and by inserting after section 44722 the following: ``Sec. 44723. Preemployment review of prospective pilot records ``(a) Pilot Records.-- ``(1) In general.--Before allowing an individual to begin service as a pilot, an air carrier shall request and receive the following information: ``(A) FAA records.--From the Administrator of the Federal Aviation Administration, information pertaining to the individual that is maintained by the Administrator concerning-- ``(i) current airman certificates (including airman medical certificates) and associated type ratings, including any limitations thereon; and ``(ii) summaries of legal enforcement actions which have resulted in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under this title and which have not been subsequently overturned. ``(B) Air carrier records.--From any air carrier (or the trustee in bankruptcy for the air carrier) that has employed the individual at any time during the 5- year period preceding the date of the employment application of the individual-- ``(i) records pertaining to the individual that are maintained by an air carrier (other than records relating to flight time, duty time, or rest time) under regulations set forth in-- ``(I) section 121.683 of title 14, Code of Federal Regulations; ``(II) paragraph (A) of section VI, appendix I, part 121 of such title; ``(III) paragraph (A) of section IV, appendix J, part 121 of such title; ``(IV) section 125.401 of such title; and ``(V) section 135.63(a)(4) of such title; and ``(ii) other records pertaining to the individual that are maintained by the air carrier concerning-- ``(I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance with section 121.411, 125.295, or 135.337 of such title; ``(II) any disciplinary action relating to the training, qualifications, proficiency, or professional competence of the individual which was taken by the air carrier with respect to the individual and which was not subsequently overturned by the air carrier; and ``(III) any release from employment or resignation, termination, or disqualification with respect to employment. ``(C) National driver register records.--From the chief driver licensing official of a State, information concerning the motor vehicle driving record of the individual in accordance with section 30305(b)(7) of this title. ``(2) 5-year reporting period.--A person is not required to furnish a record in response to a request made under paragraph (1) if the record was entered more than 5 years before the date of the request, unless the information is about a revocation or suspension of an airman certificate or motor vehicle license that is still in effect on the date of the request. ``(3) Requirement to maintain records.--The Administrator and each air carrier (or the trustee in bankruptcy for the air carrier) shall maintain pilot records described in paragraph (1) for a period of at least 5 years. ``(4) Written consent for release.--Neither the Administrator nor any air carrier may furnish a record in response to a request made under paragraph (1) (A) or (B) without first obtaining the written consent of the individual whose records are being requested. ``(5) Deadline for provision of information.--A person who receives a request for records under paragraph (1) shall furnish, on or before the 30th day following the date of receipt of the request (or on or before the 30th day following the date of obtaining the written consent of the individual in the case of a request under paragraph (1) (A) or (B)), all of the records maintained by the person that have been requested. ``(6) Right to receive notice and copy of any record furnished.--A person who receives a request for records under paragraph (1) shall provide to the individual whose records have been requested-- ``(A) on or before the 20th day following the date of receipt of the request, written notice of the request and of the individual's right to receive a copy of such records; and ``(B) in accordance with paragraph (9), a copy of such records, if requested by the individual. ``(7) Reasonable charges for processing requests and furnishing copies.--A person who receives a request for records under paragraph (1) or (9) may establish a reasonable charge for the cost of processing the request and furnishing copies of the requested records. ``(8) Right to correct inaccuracies.--An air carrier that receives the records of an individual under paragraph (1)(B) shall provide the individual with a reasonable opportunity to submit written comments to correct any inaccuracies contained in the records before making a final hiring decision with respect to the individual. ``(9) Right of pilot to review certain records.-- Notwithstanding any other provision of a law or agreement, an air carrier shall, upon written request from a pilot employed by such carrier, make available, within a reasonable time of the request, to the pilot for review any and all employment records referred to in paragraph (1)(B) pertaining to the pilot's employment. ``(10) Privacy protections.-- ``(A) Use of records.--An air carrier or employee of an air carrier that receives the records of an individual under paragraph (1) may use such records only to assess the qualifications of the individual in deciding whether or not to hire the individual as a pilot. ``(B) Required actions.--Subject to subsection (c), the air carrier or employee of an air carrier shall take such actions as may be necessary to protect the privacy of the pilot and the confidentiality of the records, including ensuring that the information contained in the records is not divulged to any individual that is not directly involved in the hiring decision. ``(C) Individuals not hired.--If the individual is not hired, the air carrier shall destroy or return the records of the individual received under paragraph (1); except that the air carrier may retain any records needed to defend its decisions not to hire the individual. ``(11) Standard forms.--The Administrator may promulgate-- ``(A) standard forms which may be used by an air carrier to request the records of an individual under paragraph (1); and ``(B) standard forms which may be used by a person who receives a request for records under paragraph (1) to obtain the written consent of the individual and to inform the individual of the request and of the individual's right to receive a copy of any records furnished in response to the request. ``(12) Regulations.--The Administrator may prescribe such regulations as may be necessary-- ``(A) to protect the personal privacy of any individual whose records are requested under paragraph (1) and to protect the confidentiality of those records; ``(B) to preclude the further dissemination of records received under paragraph (1) by the air carrier who requested them; and ``(C) to ensure prompt compliance with any request under paragraph (1). ``(b) Limitation on Liability; Preemption of State and Local Law.-- ``(1) Limitation on liability.--No action or proceeding may be brought by or on behalf of an individual who is seeking a position with an air carrier as a pilot against-- ``(A) the air carrier for requesting the individual's records under subsection (a)(1); ``(B) a person who has complied with such request and in the case of a request under subsection (a)(1) (A) or (B) has obtained the written consent of the individual; ``(C) a person who has entered information contained in the individual's records; or ``(D) an agent or employee of a person described in subparagraph (A) or (B); in the nature of an action for defamation, invasion of privacy, negligence, interference with contract, or otherwise, or under any Federal, State, or local law with respect to the furnishing or use of such records in accordance with subsection (a). ``(2) Preemption.--No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law, regulation, standard, or other provision having the force and effect of law that prohibits, penalizes, or imposes liability for furnishing or using records in accordance with subsection (a). ``(3) Provision of knowingly false information.--Paragraphs (1) and (2) shall not apply with respect to a person that furnishes in response to a request made under subsection (a)(1) information that the person knows is false. ``(c) Limitation on Statutory Construction.--Nothing in this section shall be construed as precluding the availability of the records of a pilot in an investigation or other proceeding concerning an accident or incident conducted by the Secretary, the National Transportation Safety Board, or a court.''. (b) Chapter Analysis Amendment.--The analysis for chapter 447 of such title is amended by striking ``44723. Annual report.'' and inserting ``44723. Preemployment review of prospective pilot records. ``44724. Annual report.''. (c) Conforming Amendment.--Section 30305(b) of such title is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following: ``(7) An individual who is employed or seeking employment by an air carrier as a pilot may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the individual's prospective employer or to the Secretary of Transportation. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 5 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.''. (d) Civil Penalties.--Section 46301 of such title is amended by inserting ``44723,'' after ``44716,'' in each of subsections (a)(1)(A), (a)(2)(A), (d)(2), and (f)(1)(A)(i). (e) Applicability.--The amendments made by this section shall apply to any air carrier hiring an individual as a pilot on or after the 30th day after the date of the enactment of this Act. SEC. 3. RULEMAKING TO ESTABLISH MINIMUM STANDARDS FOR PILOT QUALIFICATIONS. Not later than 18 months after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a notice of a proposed rulemaking to establish-- (1) minimum standards and criteria for preemployment screening tests measuring the biographical factors (psychomotor coordination), general intellectual capacity, instrument and mechanical comprehension, and physical fitness of an applicant for employment as a pilot by an air carrier; and (2) minimum standards and criteria for pilot training facilities which will be licensed by the Administrator and which will assure that pilots trained at such facilities meet the preemployment screening standards and criteria described in paragraph (1). SEC. 4. SHARING ARMED SERVICES RECORDS. (a) Study.--The Administrator of the Federal Aviation Administration, in conjunction with the Secretary of Defense, shall conduct a study to determine the relevance and appropriateness of requiring the Secretary of Defense to provide to an air carrier, upon request in connection with the hiring of an individual as a pilot, records of the individual concerning the individual's training, qualifications, proficiency, professional competence, or terms of discharge from the Armed Forces. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall transmit to Congress a report on the results of the study. SEC. 5. MINIMUM FLIGHT TIME. (a) Study.--The Administrator of the Federal Aviation Administration shall conduct a study to determine whether current minimum flight time requirements applicable to individuals seeking employment as a pilot with an air carrier are sufficient to ensure public safety. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall transmit to Congress a report on the results of the study. Passed the House of Representatives July 22, 1996. Attest: ROBIN H. CARLE, Clerk.
Airline Pilot Hiring and Safety Act of 1996 - Amends Federal aviation law to require air carriers to request and receive a pilot applicant's record for the previous five years with respect to: (1) current airman certificate, including any summaries of legal enforcement actions; (2) employment; and (3) motor vehicle driving record. Prohibits any Federal or State court action for defamation or invasion of privacy against any carrier or person with respect to the furnishing or use of such records according to the requirements of this Act. Directs the Administrator of the Federal Aviation Administration (FAA) to issue a notice of proposed rulemaking to establish certain minimum standards for pilot qualifications for employment. Directs the Administrator of the FAA to study and report to the Congress on: (1) the appropriateness of requiring the Secretary of Defense to provide an air carrier with the armed services records of an applicant pilot; and (2) whether current minimum flight time requirements applicable to individuals seeking employment as pilots with air carriers are sufficient to ensure public safety.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Save America's Future Economy Act of 2010''. SEC. 2. LIMITATION ON THE GROWTH OF FEDERAL SPENDING. (a) In General.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding after section 253 the following new section: ``SEC. 253A. LIMITATION ON THE GROWTH OF FEDERAL SPENDING. ``(a) Reducing Nonexempt Spending Accounts by a Uniform Percentage.--OMB shall calculate the uniform percentage by which nonexempt spending accounts are to be sequestered such that the total spending of the Government for a budget year compared to the preceding fiscal year does not increase at a rate greater than the percentage point change in the Consumer Price Index plus the percentage point change in annual population growth as computed under this section. ``(b) January OMB Reports.--In January of each calendar year, OMB shall prepare a report which shall be included in the budget submission of the President under section 1105(a) of title 31, United States Code, for the fiscal year beginning on October 1 of that calendar setting forth-- ``(1) the projected level of total Federal spending for the current year; ``(2) the percentage point increase in the Consumer Price Index over the 12-month period comprising the fiscal year before the current year; ``(3) the total percentage point increase in population from July 1 of the second preceding fiscal year before the current year and July 1 of the fiscal year before the current year; ``(4) the sum of the total percentage point increases under paragraphs (2) and (3); and ``(5) the projected level of total Federal spending for the budget year and the amount, if any, by which that spending would exceed the projected level of total Federal spending for the current year as adjusted by the sum of the total percentage point increases under paragraphs (2) and (3). ``(c) Preview Report.--Not later than August 20 of each calendar year, OMB shall prepare and have printed in the Federal Register a preview report which shall set forth for the budget year the following: ``(1) An up-to-date reestimate of all of the information set forth in the most recent report of OMB under subsection (b). ``(2) The estimated percentage point reduction that would be required in nonexempt spending accounts in order to limit total Federal spending as set forth under paragraph (1). ``(d) OMB Final Sequestration Report.--Not later than 15 days after Congress adjourns to end a session, but after any sequestration under section 5 of the Statutory Pay-As-You-Go Act of 2010, OMB shall prepare and have printed in the Federal Register a final sequestration report which shall set forth for the budget year the following: ``(1) An up-to-date reestimate of all of the information set forth in the most recent report of OMB under subsection (c), taking into account any sequestration under such section 5. ``(2) The percentage point reduction that would be required in nonexempt spending accounts in order to limit total Federal spending as set forth under paragraph (1). ``(3) The amount by which total Federal spending exceeds the permissible amount of such spending under this section. ``(e) Presidential Order.--On the same day that OMB issues its final sequestration report, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculation set forth in that report. This order shall be effective on issuance. ``(f) Adjustment for Emergency Spending.--(1) If a provision is enacted as an emergency requirement that the Congress so designates in statute pursuant to this subsection, the amounts of new budget authority and outlays in all fiscal years resulting from that provision shall be treated as an emergency requirement for the purposes of this section. ``(2) If a provision is designated as an emergency requirement under this section, OMB shall not include the budgetary effects of such a provision in its estimates under this section. ``(g) Exemptions.--The following shall be exempt from reduction under any order issued under this section: ``(1) Payments for net interest. ``(2) Any obligations of the Government required to be paid under the United States Constitution or legally contractual obligations.''. (b) Conforming Amendment.--The table of contents set forth in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to section 253 the following new item: ``253A. Limitation on the growth of Federal spending.''. SEC. 3. ELIMINATION OF EXPIRATION DATE. Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by it shall apply to fiscal year 2012 and subsequent fiscal years.
Save America's Future Economy Act of 2010 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require the Office of Management and Budget (OMB) to calculate the uniform percentage by which nonexempt spending accounts are to be sequestered such that total government spending for a budget year, compared to the preceding fiscal year, does not increase at a rate greater than the percentage point change in the Consumer Price Index (CPI) plus the percentage point change in annual population growth. Requires OMB to prepare annually a report to be included in the President's budget for each fiscal year setting forth: (1) the projected level of total federal spending for the current year; (2) the percentage point increase in the CPI over the fiscal year before the current year; (3) the total percentage point increase in population from July 1 of the second preceding fiscal year before the current year and July 1 of the fiscal year before the current year; (4) the sum of such total percentage point increases; and (5) the projected level of total federal spending for the budget year and the amount, if any, by which that spending would exceed the projected level of total federal spending for the current year, as adjusted by the such sum of the total percentage point increases. Prescribes requirements for OMB Preview Reports and OMB Final Sequestration Reports. Requires the President to issue a sequestration order, effective on issuance, if OMB in its Final Sequestration Report estimates that any sequestration is required. Prohibits OMB from including the budgetary effects of an emergency requirement in its estimates. Exempts from any sequestration reduction order: (1) payments for net interest; and (2) federal obligations required to be paid under the U.S. Constitution or legally contractual obligations. Extends indefinitely certain Pay-As-You-Go (PAYGO) enforcement mechanisms.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Investment Research Act of 2015''. SEC. 2. SAFE HARBOR FOR INVESTMENT FUND RESEARCH. (a) Expansion of Safe Harbor.--Not later than the end of the 45-day period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall propose, and not later than the end of the 120-day period beginning on such date, the Commission shall adopt, upon such terms, conditions, or requirements as the Commission may determine necessary or appropriate in the public interest, for the protection of investors, and for the promotion of capital formation, revisions to section 230.139 of title 17, Code of Federal Regulations, to provide that a covered investment fund research report-- (1) shall be deemed, for purposes of sections 2(a)(10) and 5(c) of the Securities Act of 1933, not to constitute an offer for sale or an offer to sell a security that is the subject of an offering pursuant to a registration statement that the issuer proposes to file, or has filed, or that is effective, even if the broker or dealer is participating or will participate in the registered offering of the covered investment fund's securities; and (2) shall be deemed to satisfy the conditions of subsection (a)(1) or (a)(2) of section 230.139 of title 17, Code of Federal Regulations, or any successor provisions, for purposes of the Commission's rules and regulations under the Federal securities laws and the rules of any self-regulatory organization. (b) Implementation of Safe Harbor.--In implementing the safe harbor pursuant to subsection (a), the Commission shall-- (1) not, in the case of a covered investment fund with a class of securities in substantially continuous distribution, condition the safe harbor on whether the broker's or dealer's publication or distribution of a covered investment fund research report constitutes such broker's or dealer's initiation or reinitiation of research coverage on such covered investment fund or its securities; (2) not-- (A) require the covered investment fund to have been registered as an investment company under the Investment Company Act of 1940 or subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934 for any period exceeding twelve months; or (B) impose a minimum float provision exceeding that referenced in subsection (a)(1)(i)(A)(1)(i) of section 230.139 of title 17, Code of Federal Regulations; (3) provide that a self-regulatory organization may not maintain or enforce any rule that would-- (A) condition the ability of a member to publish or distribute a covered investment fund research report on whether the member is also participating in a registered offering or other distribution of any securities of such covered investment fund; (B) condition the ability of a member to participate in a registered offering or other distribution of securities of a covered investment fund on whether the member has published or distributed a covered investment fund research report about such covered investment fund or its securities; or (C) require the filing of a covered investment fund research report with such self-regulatory organization; and (4) provide that a covered investment fund research report shall not be subject to sections 24(b) or 34(b) of the Investment Company Act of 1940 or the rules and regulations thereunder. (c) Rules of Construction.--Nothing in this Act shall be construed as in any way limiting-- (1) the applicability of the antifraud provisions of the Federal securities laws; or (2) the authority of any self-regulatory organization to examine or supervise a member's practices in connection with such member's publication or distribution of a covered investment fund research report for compliance with otherwise applicable provisions of the Federal securities laws or self- regulatory organization rules. (d) Interim Effectiveness of Safe Harbor.--From and after the 120- day period beginning on the date of enactment of this Act, if the Commission has not met its obligations pursuant to subsection (a) to adopt revisions to section 230.139 of title 17, Code of Federal Regulations, and until such time as the Commission has done so, a covered investment fund research report published or distributed by a broker or dealer after such date shall be deemed to meet the requirements of section 230.139 of title 17, Code of Federal Regulations, and to satisfy the conditions of subsection (a)(1) or (a)(2) thereof for purposes of the Commission's rules and regulations under the Federal securities laws and the rules of any self-regulatory organization, as if revised and implemented in accordance with subsections (a) and (b). (e) Definitions.--For purposes of this Act: (1) Covered investment fund research report.--The term ``covered investment fund research report'' means a research report published or distributed by a broker or dealer about a covered investment fund or any of its securities. (2) Covered investment fund.--The term ``covered investment fund'' means-- (A) an investment company registered under, or that has filed an election to be treated as a business development company under, the Investment Company Act of 1940 and that has filed a registration statement under the Securities Act of 1933 for the public offering of a class of its securities, which registration statement has been declared effective by the Commission; and (B) a trust or other person-- (i) that has a class of securities listed for trading on a national securities exchange; (ii) the assets of which consist primarily of commodities, currencies, or derivative instruments that reference commodities or currencies, or interests in the foregoing; and (iii) that allows its securities to be purchased or redeemed, subject to conditions or limitations, for a ratable share of its assets. (3) Research report.--The term ``research report'' has the meaning given to that term under section 2(a)(3) of the Securities Act of 1933, except that such term shall not include an oral communication. (4) Self-regulatory organization.--The term ``self- regulatory organization'' has the meaning given to that term under section 3(a)(26) of the Securities Exchange Act of 1934.
. Fair Access to Investment Research Act of 2015 (Sec. 2) This bill directs the Securities and Exchange Commission (SEC) to revise a specified regulation to create a safe harbor for certain publications or distributions of research reports by brokers or dealers distributing securities. The revised regulation shall declare that, even if a broker or dealer participates in the registered offering of a covered investment fund's securities, the investment fund research report shall not be deemed to constitute an offer for sale nor an offer to sell a security that is the subject of the offering pursuant to a registration statement that the issuer proposes to file, or has filed, or that is effective. The covered investment fund research report shall indeed be deemed to satisfy the regulation's requirements as well as those of any self-regulatory organization. The SEC shall not impose specified conditions and requirements when implementing the safe harbor.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Red Lake Band of Chippewa Indians of Minnesota Use or Distribution of Indian Judgment Funds Plan Approval Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On August 2, 1951, the Red Lake Band of Chippewa Indians of Minnesota filed a complaint before the Indian Claims Commission in Red Lake Band of Chippewa Indians v. United States, Docket Nos. 189-A, 189-B, and 189-C, pursuant to the Indian Claims Commission Act (25 U.S.C. 70 et seq.). (2) Upon the close of the Indian Claims Commission in 1976, all of the cases then remaining unresolved, included Red Lake Band of Chippewa Indians v. United States, Docket Nos. 189-A, 189-B, and 189-C, were transferred to the Court of Claims (now known as the United States Court of Federal Claims). (3) The Red Lake Band obtained a settlement in Dockets 189- A and 189-B in 1997, for a total of $27,105,000. (4) That 1997 settlement was distributed pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), except for $3,780,616.20, which were escrowed in the name of the Red Lake Band at the Office of Trust Funds Management of the Department of the Interior pursuant to an Escrow Agreement dated August 20, 1998. (5) The escrowed funds were for the purpose of securing repayment to the United States for certain expert witness loans made by the United States to the Red Lake Band to assist the Band in developing the evidence needed to prosecute its claims in Dockets 189-A, 189-B, and 189-C. (6) Pursuant to section 813 of the Omnibus Indian Advancement Act (Public Law 106-568), the balance of such Red Lake Band expert witness loans was canceled, thereby releasing the Red Lake Band from any liability associated with such loans. (7) The escrowed funds and the investment income earned thereon are ready for distribution along with other funds secured to the Red Lake Band from the order and judgment entered in its favor by the Court of Federal Claims on January 16, 2001, in the amount of $53,500,000 and the investment income earned thereon. (8) A use or distribution plan for those funds was approved by the Secretary and submitted to Congress pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) and provides as follows: (A) $40,000,000 shall be disbursed to a permanent trust fund that, consistent with the Settlement Agreement entered into between the Red Lake Band and the United States in Docket 189-C, the Red Lake Band has created pursuant to Tribal Resolution No. 243-2000 and Ordinance adopted thereby No. 02-2000, and from which fund some of the interest income will be expended in accordance with a reforestation plan, which is described in the Use or Distribution Plan and which may be amended from time to time as provided in the Use or Distribution Plan. (B) $7,525,657 shall be disbursed to the Red Lake Band for reimbursement to the Band for litigation- related fees, costs, and expenses it has incurred in the successful prosecution of the claims in Docket 189- C, and $680,578 shall be disbursed to the Red Lake Band for expenses and fees, including legal costs, related to the Band's ongoing land restoration project. (C) The remaining funds, estimated to be $10,422,394.00, together with all investment income earned on the Current Red Lake Judgment Funds through the date of disbursement by the Office of Trust Funds Management, shall be paid out per capita to the members of the Red Lake Band who were born and alive on July 31, 2001. (9) The Use or Distribution Plan is in the best interests of the Red Lake Band. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Current red lake judgment funds.--The term ``Current Red Lake Judgment Funds'' means the escrowed funds described in section 2(a)(4), together with the judgment amount of January 16, 2001, described in section 2(a)(7), along with all interest earned on those amounts while held by the Office of Trust Funds Management. (2) Red lake band.--The term ``Red Lake Band'' means the Red Lake Band of Chippewa Indians of Minnesota of the Red Lake Indian Reservation in north central Minnesota. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Use or distribution plan.--The term ``Use or Distribution Plan'' means the use or distribution plan approved by the Secretary and submitted to Congress as described in section 2(8). SEC. 4. APPROVAL OF SECRETARIAL PLAN Congress hereby approves the Use or Distribution Plan. SEC. 5. PLAN APPROVAL AND AUTHORIZATION FOR IMMEDIATE DISBURSEMENT OF FUNDS. The Secretary, through the Office of Trust Funds Management, shall immediately disburse the funds identified in this Act as follows: (1) $40,000,000 to a permanent trust fund that, consistent with the Settlement Agreement entered into between the Red Lake Band and the United States in Docket 189-C, the Red Lake Band has created pursuant to Tribal Resolution No. 243-2000 and Ordinance adopted thereby No. 02-2000, and from which fund some of the interest income shall be expended in accordance with a reforestation plan, which is described in the Use or Distribution Plan and which may be amended from time to time as provided in the Use or Distribution Plan. (2) $7,525,657 to the Red Lake Band for reimbursement to the Band for litigation-related fees, costs, and expenses it has incurred in the successful prosecution of the claims in Docket 189-C and related matters. (3) $680,578 to the Red Lake Band for expenses and fees, including legal costs, related to the Band's ongoing land restoration project. (4) $10,422,394, and all investment income earned on the Current Red Lake Judgment Funds through the date of disbursement by the Secretary through the Office of Trust Funds Management, per capita to the members of the Red Lake Band who were born and alive on July 31, 2001. Such payments shall be exempt to the extent provided in section 7 of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407).
Red Lake Band of Chippewa Indians of Minnesota Use or Distribution of Indian Judgment Funds Plan Approval Act - Approves the Use or Distribution Plan for specified escrowed funds, investment income, and funds secured to the Red Lake Band from the order and judgment entered in its favor on January 16, 2001.Directs the Secretary of the Interior, acting through the Office of Trust Funds Management, to immediately disburse the funds as specified, including amounts for: (1) a permanent trust fund; (2) litigation-related expenses incurred for Docket 189-C claims; (3) land restoration project expenses and fees; and (4) per capita disbursement to Red Lake Band members.
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SECTION 1. CONSISTENT ENFORCEMENT AUTHORITY REGARDING NATIONAL PARK SYSTEM LANDS, NATIONAL FOREST SYSTEM LANDS, AND OTHER PUBLIC LANDS. (a) Lands Under Jurisdiction of Bureau of Land Management.--Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by striking the second sentence; and (3) by adding at the end the following new paragraphs: ``(2) Any person who knowingly violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall be guilty of a Class A misdemeanor, subject to fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. ``(3) Any person who otherwise violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall be guilty of a Class B misdemeanor, subject to fine or imprisonment, or both, as provided in such sections. A person who violates any such provision or regulation may also be adjudged to pay all costs of the proceedings.''. (b) National Park System Lands.-- (1) Enforcement.--Section 3 of the National Park Service Organic Act (16 U.S.C. 3) is amended-- (A) by striking ``That the Secretary'' the first place it appears and inserting ``(a) Regulations for Use and Management of National Park System; Enforcement (1) The Secretary''; (B) by striking ``Service,'' and all that follows through ``proceedings.'' and inserting ``Service.''; and (C) by inserting after the first sentence the following new paragraphs: ``(2) Any person who knowingly violates or fails to comply with any rule or regulation issued under this section shall be guilty of a Class A misdemeanor, subject to fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. ``(3) Any person who otherwise violates or fails to comply with any rule or regulation issued under this section shall be guilty of a Class B misdemeanor, subject to fine or imprisonment, or both, as provided in such sections. A person who violates any such rule or regulation may also be adjudged to pay all costs of the proceedings.''. (2) Conforming amendments.--Such section is further amended-- (A) by striking ``He may also'' the first place it appears and inserting the following: ``(b) Special Management Authorities.--The Secretary of the Interior may''; (B) by striking ``He may also'' the second place it appears and inserting ``The Secretary may''; and (C) by striking ``No natural,'' and inserting the following: ``(c) Lease and Permit Authorities.--No natural''. (c) National Wildlife Refuge System Lands.--Section 4(f) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(f)) is amended-- (1) in paragraph (1), by striking ``fined under title 18, United States Code, or imprisoned for not more than 1 year, or both.'' and inserting ``guilty of a Class A misdemeanor, subject to fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. A person who violates any such provision or regulation may also be adjudged to pay all costs of the proceedings.''; and (2) in paragraph (2), by striking ``fined under title 18, United States Code, or imprisoned not more than 180 days, or both.'' and inserting ``guilty of a Class B misdemeanor, subject to fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. A person who violates any such provision or regulation may also be adjudged to pay all costs of the proceedings.''. (d) National Forest System Lands.--The eleventh undesignated paragraph under the heading ``Surveying the public lands'' of the Act of June 4, 1897 (16 U.S.C. 551), is amended to read as follows: ``SEC. 551. PROTECTION OF NATIONAL FOREST SYSTEM LANDS; REGULATIONS. ``(a) Regulations for Use and Protection of National Forest System.--The Secretary of Agriculture shall make provisions for the protection of the National Forest System (as defined in section 11 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609)) against destruction by fire and depredations. The Secretary may issue such regulations and establish such service as will insure the objects of the National Forest System, namely, to regulate their occupancy and use and to protect National Forest System lands from destruction. ``(b) Violations; Penalties.--(1) Any person who knowingly violates any regulation issued under subsection (a) shall be guilty of a Class A misdemeanor and shall be subject to a fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. ``(2) Any person who otherwise violates any regulation issued under subsection (a) shall be guilty of a Class B misdemeanor and shall be subject to a fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. ``(3) A person who violates any regulation issued under subsection (a) may also be adjudged to pay all costs of the proceedings. ``(c) Procedure.--Any person charged with the violation of a regulation issued under subsection (a) may be tried and sentenced by any United States magistrate judge specially designated for that purpose by the court by which the magistrate judge was appointed, in the same manner and subject to the same conditions as provided for in subsections (b) through (e) of section 3401 of title 18, United States Code.''. SEC. 2. ESTABLISHMENT OF MINIMUM FINE FOR VIOLATION OF PUBLIC LAND FIRE REGULATIONS DURING FIRE BAN. (a) Lands Under Jurisdiction of Bureau of Land Management.--Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)), as amended by section 1(a), is further amended by adding at the end the following new paragraph: ``(4) In the case of a regulation issued under this section regarding the use of fire by individuals on the public lands, if the violation of the regulation was the result of reckless conduct, occurred in an area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine may not be less than $500.''. (b) National Park System Lands.--Subsection (a) of section 3 of the National Park Service Organic Act (16 U.S.C. 3), as designated and amended by section 1(b), is further amended by adding at the end the following new paragraph: ``(4) In the case of a rule or regulation issued under this subsection regarding the use of fire by individuals on such lands, if the violation of the rule or regulation was the result of reckless conduct, occurred in an area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine may not be less than $500.''. (c) National Forest System Lands.--Subsection (b) of section 551 of the Act of June 4, 1897 (16 U.S.C. 551), as designated and amended by section 1(d), which before such designation and amendment was the eleventh undesignated paragraph under the heading ``Surveying the public lands'' of such Act, is further amended by adding at the end the following new paragraph: ``(4) In the case of a regulation issued under subsection (a) regarding the use of fire by individuals on National Forest System lands, if the violation of the regulation was the result of reckless conduct, occurred in an area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine may not be less than $500.''.
Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, the National Wildlife Refuge System Administration Act of 1966, and other federal law to provide that: (1) any person who knowingly violates or fails to comply with any of the provisions of such an Act or any regulation issued under such an Act concerning the management, use, and protection of Bureau of Land Management (BLM) lands, National Park System lands, National Wildlife Refuge lands, and National Forest lands shall be guilty of a Class A misdemeanor, subject to fine and/or imprisonment as provided under federal criminal law; and (2) any person who otherwise violates or fails to comply with any of the provisions of such an Act or any regulation issued under such an Act concerning the management, use, and protection of such lands shall be guilty of a Class B misdemeanor, subject to fine and/or imprisonment as provided under federal criminal law. Permits requiring persons adjudged guilty of a: (1) Class B misdemeanor on BLM or National Park System lands to pay all costs of the proceedings; and (2) a Class A or Class B misdemeanor on National Wildlife Refuge or National Forest lands to pay all costs of the proceedings. Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, and other federal law to set a minimum fine of $500 for certain fire usage violations on BLM, National Park System, and National Forest lands.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Depreciation, Modernization, and Simplification Act of 2005''. SEC. 2. AUTHORITY TO MODIFY CLASS LIVES. (a) In General.--Paragraph (1) of section 168(i) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Class life.-- ``(A) In general.--Except as provided in this section, the term `class life' means the class life (if any) which would be applicable with respect to any property as of January 1, 1986, under subsection (m) of section 167, as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990 (determined without regard to paragraph (4) thereof and as if the taxpayer had made an election under such subsection). ``(B) Secretarial authority.-- ``(i) In general.--Except as provided in clause (ii), the Secretary, after consultation with Congress, may prescribe by regulation-- ``(I) a new class life for any property, or ``(II) a class life for any property which does not have a class life within the meaning of subparagraph (A). ``(ii) Exceptions.--Clause (i) shall not apply to-- ``(I) residential rental property or nonresidential real property, or ``(II) property for which a class life, classification, or recovery period is assigned under subsection (e)(3) (other than subparagraph (C)(v) thereof) or subparagraph (B), (C), or (D) of subsection (g)(3). ``(iii) Standards.--Any class life prescribed or modified under clause (i) shall reasonably reflect the anticipated useful life and the anticipated decline in value over time of the property to the industry or other group, and shall take into account when the property is technologically or functionally obsolete for the original purpose under which it was acquired. ``(iv) Consultation.--Not later than 60 days before the date on which the Secretary publishes any proposed regulation under clause (i), the Secretary shall submit to Congress the proposed regulation together with a report containing the information considered by the Secretary in modifying or prescribing any class life under the regulation. ``(v) Monitoring.--The Secretary, through an office established in the Treasury, shall monitor and analyze actual experience with respect to depreciable assets to which this subparagraph applies. ``(C) Effect of modification.--Any class life with respect to any property prescribed or modified under subparagraph (B) shall be used in classifying such property under subsection (e) and in applying subsection (g).''. (b) Application of Congressional Review Act.--For purposes of applying chapter 8 of title 5, United States Code, to any regulation prescribed under section 168(i)(1)(B) of the Internal Revenue Code of 1986, each class life prescribed under such section shall be considered to be a separate rule. (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. ELIMINATION OF MID-QUARTER CONVENTION. (a) In General.--Subsection (d) of section 168 of the Internal Revenue Code of 1986 is amended-- (1) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3), and (2) in paragraph (3), as redesignated by paragraph (1), by striking subparagraph (C). (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 4. MASS ASSET ACCOUNTING. (a) In General.--Section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(l) Mass Asset Accounting.-- ``(1) Election.-- ``(A) In general.--In lieu of the deduction otherwise allowed under this section with respect to an item of qualified property, the taxpayer may elect to add the adjusted basis of such property to the mass asset account of the taxpayer to which such qualified property is assigned and to determine the deduction under this section using the applicable depreciation method with respect to such mass asset account. ``(B) Election to apply to all assets of the taxpayer with same recovery period.--An election made under subparagraph (A) shall be made in such manner as the Secretary may by regulations prescribe and shall apply to all qualified property of the taxpayer which has the same applicable recovery period for such taxable year and all subsequent taxable years. ``(C) Election irrevocable.--Any election made under this paragraph shall be irrevocable except with the consent of the Secretary. The Secretary shall prescribe rules for the proper accounting of assets in a mass asset account in the case of any such revocation. ``(2) Special rules.-- ``(A) Modification of depreciation method.--In applying the applicable depreciation method to any mass asset account, subsection (b) shall be applied without regard to paragraph (1)(B) thereof. ``(B) Adjustment to reflect half-year convention.-- In applying the deduction allowable under subsection (a) to any mass asset account, the amount of the deduction under subsection (a) shall be-- ``(i) 100 percent of the deduction otherwise allowed under this section in the case of qualified property placed in service before the beginning of the taxable year, and ``(ii) 50 percent of the deduction otherwise allowed under this section with respect to qualified property placed in service during the taxable year. ``(C) Sale of qualified property.-- ``(i) In general.--In the case of the sale of any property the adjusted basis of which has been added to a mass asset account, the balance of the mass asset account to which such property was assigned shall be reduced (but not below zero) by the amount of the proceeds from such sale. ``(ii) Recognition of gain.--If the proceeds from the sale of any property the adjusted basis of which has been added to a mass asset account exceed the balance of such mass asset account, then the excess shall be treated as ordinary income. ``(3) Qualified property.-- ``(A) In general.--For purposes of this subsection, the term `qualified property' means any tangible property-- ``(i) to which an applicable depreciation method under paragraph (1) or (2) of subsection (b) applies, and ``(ii) the cost of which is not more than $10,000. ``(B) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2006, the $10,000 amount under subparagraph (A)(ii) 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 2005' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under the clause (i) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(4) Mass asset account.--The term `mass asset account' means an account of the taxpayer which reflects the adjusted basis of all qualified property to which the same applicable depreciation method and applicable recovery period applies.''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 5. PERMANENT EXTENSION OF EXPENSING FOR SMALL BUSINESSES. (a) Dollar Limitation.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 is amended by striking ``$25,000 ($100,000 in the case of taxable years beginning after 2002 and before 2008)'' and inserting ``$100,000''. (b) Reduction in Limitation.--Paragraph (2) of section 179(b) of such Code is amended by striking ``$200,000 ($400,000 in the case of taxable years beginning after 2002 and before 2008)'' and inserting ``$400,000''. (c) Inflation Adjustments.--Subparagraph (A) of section 179(b)(5) of such Code is amended by striking ``and before 2008''. (d) Election.--Paragraph (2) of section 179(c) of such Code is amended by striking ``and before 2008''. (e) Computer Software.--Clause (ii) of section 179(d)(1)(A) is amended by striking ``and before 2008''.
Tax Depreciation, Modernization, and Simplification Act of 2005 - Amends the Internal Revenue Code to: (1) authorize the Secretary of the Treasury to modify or create new class lives for depreciable business assets that reasonably reflect anticipated useful life and decline in value; (2) eliminate the mid-quarter accounting convention for determining depreciation; (3) allow an election to consolidate, in a mass asset account, the accounting of depreciable properties that each cost less than $10,000; and (4) extend permanently the $100,000 expensing allowance for depreciable business assets.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Sexual Assault Prevention Act of 2011''. SEC. 2. COMPREHENSIVE POLICY ON REPORTING AND TRACKING SEXUAL ASSAULT INCIDENTS AND OTHER SAFETY INCIDENTS. (a) Policy.--Subchapter I of chapter 17 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1709. Comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents ``(a) Policy Required.--Not later than February 1, 2012, the Secretary shall develop and implement a centralized and comprehensive policy on the reporting and tracking of sexual assault incidents and other safety incidents that occur at each medical facility of the Department, including-- ``(1) suspected, alleged, attempted, or confirmed cases of sexual assault, regardless of whether such assaults lead to prosecution or conviction; ``(2) criminal and purposefully unsafe acts; ``(3) alcohol or substance abuse related acts (including by employees of the Department); and ``(4) any kind of event involving alleged or suspected abuse of a patient. ``(b) Scope.--The policy required by subsection (a) shall cover each of the following: ``(1) For purposes of reporting and tracking sexual assault incidents and other safety incidents, definitions of the terms-- ``(A) `safety incident'; ``(B) `sexual assault'; and ``(C) `sexual assault incident'. ``(2) The development and use of specific risk-assessment tools to examine any risks related to sexual assault that a veteran may pose while being treated at a medical facility of the Department, including clear and consistent guidance on the collection of information related to-- ``(A) the legal history of the veteran; and ``(B) the medical record of the veteran. ``(3) The mandatory training of employees of the Department on security issues, including awareness, preparedness, precautions, and police assistance. ``(4) The mandatory implementation, use, and regular testing of appropriate physical security precautions and equipment, including surveillance camera systems, computer- based panic alarm systems, stationary panic alarms, and electronic portable personal panic alarms. ``(5) Clear, consistent, and comprehensive criteria and guidance with respect to an employee of the Department communicating and reporting sexual assault incidents and other safety incidents to-- ``(A) supervisory personnel of the employee at-- ``(i) a medical facility of the Department; ``(ii) an office of a Veterans Integrated Service Network; and ``(iii) the central office of the Veterans Health Administration; and ``(B) a law enforcement official of the Department. ``(6) Clear and consistent criteria and guidelines with respect to an employee of the Department referring and reporting to the Office of Inspector General of the Department sexual assault incidents and other safety incidents that meet the regulatory criminal threshold in accordance with sections 1.201 and 1.204 of title 38, Code of Federal Regulations. ``(7) An accountable oversight system within the Veterans Health Administration that includes-- ``(A) systematic information sharing of reported sexual assault incidents and other safety incidents among officials of the Administration who have programmatic responsibility; and ``(B) a centralized reporting, tracking, and monitoring system for such incidents. ``(8) Consistent procedures and systems for law enforcement officials of the Department with respect to investigating, tracking, and closing reported sexual assault incidents and other safety incidents. ``(9) Clear and consistent guidance for the clinical management of the treatment of sexual assaults that are reported more than 72 hours after the assault. ``(c) Updates to Policy.--The Secretary shall review and revise the policy required by subsection (a) on a periodic basis as the Secretary considers appropriate and in accordance with best practices. ``(d) Annual Report.--(1) Not later than 60 days after the date on which the Secretary develops the policy required by subsection (a), and by not later than January 1 of each year thereafter, 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 implementation of the policy during the preceding fiscal year. ``(2) Each report required by paragraph (1) shall include, for the fiscal year covered by such report, the following: ``(A) The number and type of sexual assault incidents and other safety incidents reported by each medical facility of the Department. ``(B) A detailed description of the implementation of the policy required by subsection (a), including any revisions made to such policy from the previous year. ``(C) The effectiveness of such policy on improving the safety and security of the medical facilities of the Department, including the performance measures used to evaluate such effectiveness. ``(e) Regulations.--The Secretary shall prescribe regulations to carry out this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1708 the following: ``1709. Comprehensive policy on reporting and tracking of sexual assault incidents and other safety incidents.''. (c) Interim Report.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the development of the performance measures described in section 1709(d)(2)(C) of title 38, United States Code, as added by subsection (a). SEC. 3. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS ON STAFFING FOR NURSES AT DEPARTMENT OF VETERANS AFFAIRS HEALTH-CARE FACILITIES. Section 7451(e) of title 38, United States Code, is amended by striking paragraphs (4), (5), and (6).
Veterans Sexual Assault Prevention Act of 2011 - Directs the Secretary of Veterans Affairs to develop and implement, by February 1, 2012, a centralized and comprehensive policy on reporting and tracking sexual assaults and other safety incidents at each medical facility of the Department of Veterans Affairs (VA), including: (1) risk-assessment tools; (2) mandatory security training; (3) physical security precautions (surveillance camera systems and panic alarm systems); (4) criteria and guidance for employees communicating and reporting incidents to specified supervisory personnel, VA law enforcement officials, and the Office of Inspector General; (4) an oversight system within the Veterans Health Administration; (5) procedures for VA law enforcement officials investigating, tracking, and closing reported incidents; and (6) clinical guidance for treating sexual assaults reported over 72 hours after assault. Requires the Secretary to: (1) submit an annual report to Congress on such incidents and policy implementation, and (2) prescribe applicable regulations. Repeals required annual reports concerning registered nurse staffing at VA health care facilities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Ambulance Reimbursement Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) The Centers for Medicare & Medicaid Services in both its proposed and final calendar year 2015 physician fee schedule rules made adjustments to the geographic area designations used to calculate payments for ambulance providers and suppliers and misidentified the number of zip code designations that would be impacted by the change. (2) On July 11, 2014, the Centers for Medicare & Medicaid Services published a proposal (79 FR 40375) informing the public that no zip codes in the State of California, only two zip codes in the State of Louisiana, and only one zip code in the State of Texas would be changed based on the Office of Management and Budget's revised delineations and updated Rural- Urban Commuting Area codes. (3) After publication of the zip code proposal, the public had 60 days to submit comments, per the requirements of the Administration Procedures Act. (4) On November 13, 2014, the Centers for Medicare & Medicaid Services published a final regulation (79 FR 67748) informing the public, for the first time, that 3.45 percent of zip codes (or 94 zip codes) in the State of California, 13.67 percent of zip codes (or 101 zip codes) in the State of Louisiana, 5.96 percent of zip codes (or 155 zip codes) in the State of Texas, and 7.1 percent of zip codes (or 35 zip codes) in the State of Oregon would change based on the Office of Management and Budget's revised delineations of the Rural-Urban Commuting Area codes. (5) This change from the data that was published in the proposed rule to the data that was published in the final rule did not afford the public proper notice and comment and therefore is an apparent violation of the Administration Procedures Act. (6) Further, the corrected final list of zip code changes was not posted until December 4, 2014, less than a month before the new policy was implemented on January 1, 2015, giving ambulance providers and suppliers insufficient time to prepare for the change in reimbursement. (7) The Centers for Medicare & Medicaid Services also did not provide an impact analysis or certification determining whether there is a significant economic impact on small entities, as required by law. (8) These changes will result in nearly 9 percent cut in reimbursement under the Medicare program for transports originating in areas losing rural status. SEC. 3. SUSPENSION OF IMPLEMENTATION OF RURAL TO URBAN ZIP CODE RECLASSIFICATIONS FOR MEDICARE PAYMENT FOR AMBULANCE SERVICES. (a) Suspension of Rural to Urban Zip Code Reclassifications.--Not later than July 1, 2015, the Secretary of Health and Human Services shall issue a notice suspending through December 31, 2015, the implementation of the reclassification of rural to urban zip codes for payment for ambulance services under the fee schedule under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as contained in the final rule published by the Centers for Medicare & Medicaid Services in the Federal Register on November 13, 2014 (76 Fed. Reg. 67744 through 67750). The Secretary shall ensure, subject to subsection (d)(1), that claims for payment under the fee schedule under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) for ambulance services furnished during 2015 (beginning on July 1, 2015) are paid as if the reclassification of rural to urban zip codes applied under such final rule were the classification of zip codes applied the day before the effective date of such final rule. (b) Reclassifications Pursuant to Notice and Comment Rulemaking.-- Not later than November 1, 2015, the Secretary of Health and Human Services shall, through notice and comment rulemaking, reclassify rural to urban zip codes for payment under the fee schedule under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) for ambulance services furnished on or after January 1, 2016, taking into account the revised geographic delineations of the Office of Management and Budget, as described in the February 28, 2013 Office of Management and Budget Bulletin No. 13-01. (c) Treatment of 2015 Claims; Budget Neutrality.-- (1) Treatment of 2015 claims.--Nothing in this section, or the amendment made by this section, shall be construed as instructing the Secretary of Health and Human Services to re- process any claims for payment under the fee schedule under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) for ambulance services furnished during 2015. (2) Budget neutrality.-- (A) Determining affect of 2015 suspension.--The Secretary of Health and Human Services shall estimate the amount, if any, by which-- (i) the aggregate amount of payments under the fee schedule under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) for ambulance services furnished during 2015 after application of subsection (a), exceeds (ii) the aggregate amount of payments that would have been made under such fee schedule for such services furnished during such year if subsection (a) had not been enacted. (B) Adjustments in 2016.--If the Secretary estimates the amount under clause (i) of subparagraph (A) exceeds the amount described in clause (ii) of such subparagraph, the Secretary shall, through notice and comment rulemaking, adjust payments under the fee schedule under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) for ambulance services (other than air ambulance services) furnished during 2016 such that the total amount of such adjustments is equal to the amount by which the amount described in such clause (i) exceeds the amount described in such clause (ii).
Fairness in Ambulance Reimbursement Act of 2015 This bill directs the Secretary of Health and Human Services to suspend through December 31, 2015, implementation of the reclassification of rural to urban zip codes for payments under the fee schedule for ambulance services, as contained in the final rule published in the Federal Register by the Centers for Medicare & Medicaid Services on November 13, 2014. The Secretary is required to ensure that claims for ambulance services furnished on or after July 1, 2015, are paid according to the classification of zip codes applied the day before the effective date of that final rule. The Secretary must reclassify rural to urban zip codes for payment for ambulance services furnished on or after January 1, 2016, taking into account specified revised geographic delineations of the Office of Management and Budget. Payments for ambulance services (other than air ambulance services) furnished during 2016 must be adjusted according to a certain formula to achieve budget-neutral results.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep America's Oil Here Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States is taking a number of steps to reduce domestic consumption of oil, many of which will soon take effect. (2) In 2007, the Congress passed the Energy Independence and Security Act of 2007 (Public Law 110-140), which increased fuel economy standards to at least 35 miles per gallon by 2020 and established renewable fuel standards to ensure that enough renewable fuel is produced by 2022 to reduce the need for 1.6 million barrels of oil per day. These programs to reduce our domestic oil consumption have yet to be fully implemented. (3) The administration of President Obama is accelerating the implementation of the fuel economy standards and greenhouse gas emission standards. (4) In 2010, the President issued a rule that required increased fuel economy and decreased global warming emissions for light-duty vehicles produced in model years 2012-2016. This rule is in the process of being implemented, and will reduce the need for an additional 1.9 million barrels of oil per day by 2030 and reduce the need for 2.3 million barrels of oil per day by 2040. (5) In 2011, the President issued a proposed rule to implement increased fuel economy and decreased global warming emissions for light duty vehicles produced in model years 2017- 2025. This rule, once fully implemented, will reduce the need for an additional 1.5 million barrels of oil per day by 2030 and reduce the need for 2.4 million barrels of oil per day by 2040. (6) These actions will help reduce domestic consumption of crude oil, which is an exhaustible natural resource. These measures represent only a portion of Federal Government efforts to assist economic growth and reduce economic pressures relating to high oil prices. (7) As the result of actions undertaken by the Congress and the executive branch, domestic oil production has ramped up considerably. Oil production is currently at its highest level since 2003, while production of oil and natural gas liquids combined are at their highest level since 1997. Domestic oil production is expected to continue rising through 2020. Restrictions on exports of oil produced on public lands are a necessary and appropriate complement to energy efficiency measures and will help to ensure a reliable and affordable supply of such oil and refined products from such oil. SEC. 3. NO FOREIGN SALES OF OIL PRODUCED ON FEDERAL LANDS. The Secretary of the Interior may accept bids on any new oil and gas leases of Federal lands (including submerged lands) under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) only from bidders certifying that all crude oil produced under such leases, and all refined petroleum products produced from such crude oil, shall be offered for sale only in the United States. SEC. 4. WAIVER. The President may provide for waiver of the application of section 3 with respect to a lease in a case in which-- (1) the President determines that such a waiver is in the national interest because it-- (A) will not lead to an increase in domestic consumption of crude oil obtained from countries hostile to United States interests or that have political and economic instability that compromises energy supply security; (B) will not lead to higher costs to oil refiners that purchase the crude oil than such refiners would have to pay for crude oil in the absence of such a waiver; and (C) will not lead to higher gasoline costs paid by consumers than consumers would have to pay in the absence of such a waiver; (2) an exchange of crude oil or refined petroleum products provides for no net loss of crude oil or refined petroleum products, respectively, consumed domestically; (3) a waiver is necessary under the Constitution, a law, or an international agreement; or (4) a standing trade agreement with a North American trading partner allows for such exports, and all crude oil and refined petroleum products exported under such a waiver will be consumed in North America. SEC. 5. REFINED PETROLEUM PRODUCT DEFINED. In this Act the term ``refined petroleum product'' means any of the following: (1) Finished reformulated or conventional motor gasoline. (2) Finished aviation gasoline. (3) Kerosene-type jet fuel. (4) Kerosene. (5) Distillate fuel oil. (6) Residual fuel oil. (7) Lubricants. (8) Waxes. (9) Petroleum coke. (10) Asphalt and road oil.
Keep America's Oil Here Act - Authorizes the Secretary of the Interior to accept bids on any new oil and gas leases of federal lands (including submerged lands) only from bidders certifying that all crude oil produced under such leases, and all refined petroleum products made from such crude oil, shall be offered for sale only in the United States. Authorizes the President to waive such limited leasing authorization upon specified determinations, including that waiver is in the national interest because it will not lead to: (1) an increase in domestic consumption of crude oil obtained from countries hostile to U.S. interests or that have political and economic instability compromising energy supply security, (2) higher costs to oil refiners purchasing the crude oil than the refiners would have to pay in the absence of such a waiver; and (3) higher gasoline costs paid by consumers than they would have to pay in the absence of such a waiver.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Congenital Heart Futures Reauthorization Act of 2017''. SEC. 2. NATIONAL CONGENITAL HEART DISEASE COHORT STUDY, SURVEILLANCE, AND AWARENESS CAMPAIGN. Section 399V-2 of the Public Health Service Act (42 U.S.C. 280g-13) is amended-- (1) by amending the section heading to read as follows: ``national congenital heart disease cohort study, surveillance system, and awareness campaign''; (2) by amending subsection (a) to read as follows: ``(a) In General.-- ``(1) Activities.--The Secretary shall-- ``(A) enhance and expand research and surveillance infrastructure to study and track the epidemiology of congenital heart disease (in this section referred to as `CHD') across the lifespan; and ``(B) plan and implement a public outreach and education campaign regarding CHD across the lifespan. ``(2) Grants.--The Secretary may award grants to eligible entities to carry out the activities described in subsections (b), (c), and (d).''; (3) in subsection (b)-- (A) in the heading, by striking ``Purpose'' and inserting ``National Congenital Heart Disease Surveillance System''; and (B) by striking ``The purpose of the Congenital Heart Disease Surveillance System shall be to facilitate'' and inserting the following: ``(1) In general.--The Secretary shall establish a Congenital Heart Disease Surveillance System for the purpose of facilitating''; (4) in subsection (c)-- (A) in paragraph (2), by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and adjusting the margins accordingly; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly; and (C) by redesignating such subsection (c) as paragraph (2) of subsection (b) and adjusting the margin accordingly; (5) by striking subsections (d) and (e) and inserting the following: ``(c) National Congenital Heart Disease Cohort Study.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall plan, develop, implement, and submit annual reports to the Congress on research and surveillance activities of the Centers for Disease Control and Prevention, including a cohort study to improve understanding of the epidemiology of CHD across the lifespan, from birth to adulthood, with particular interest in the following: ``(A) Health care utilization and natural history of individuals affected by CHD. ``(B) Demographic factors associated with CHD, such as age, race, ethnicity, gender, and family history of individuals who are diagnosed with the disease. ``(C) Outcome measures, such that analysis of the outcome measures will allow derivation of evidence- based best practices and guidelines for CHD patients. ``(2) Permissible considerations.--The study under this subsection may-- ``(A) gather data on the health outcomes of a diverse population of those affected by CHD; ``(B) consider health disparities among those affected by CHD which may include the consideration of prenatal exposures; and ``(C) incorporate behavioral, emotional, and educational outcomes of those affected by CHD. ``(3) Public access.--Subject to appropriate protections of personal information, including protections required under paragraph (4), data generated from the study under this subsection and through the Congenital Heart Disease Surveillance System under subsection (b) shall be made available for purposes of CHD research and to the public. ``(4) Patient privacy.--The Secretary shall ensure that the study under this subsection and the Congenital Heart Disease Surveillance System under subsection (b) are carried out in a manner that complies with the requirements applicable to a covered entity under the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(d) Congenital Heart Disease Awareness Campaign.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish and implement an awareness, outreach, and education campaign regarding CHD across the lifespan. The information expressed through such campaign may-- ``(A) emphasize the prevalence of CHD; ``(B) identify CHD as a condition that affects those diagnosed throughout their lives; and ``(C) promote the need for pediatric, adolescent, and adult individuals with CHD to seek and maintain lifelong, specialized care. ``(2) Permissible activities.--The campaign under this subsection may-- ``(A) utilize collaborations or partnerships with other agencies, health care professionals, and patient advocacy organizations that specialize in the needs of individuals with CHD; and ``(B) include the use of print, film, or electronic materials distributed via television, radio, Internet, or other commercial marketing venues.''; (6) by redesignating subsection (f) as subsection (e); and (7) by adding at the end the following: ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2017 through 2021.''. SEC. 3. CONGENITAL HEART DISEASE RESEARCH. Section 425 of the Public Health Service Act (42 U.S.C. 285b-8) is amended by adding the end the following: ``(d) Report From NIH.--Not later than 1 year after the date of enactment of the Congenital Heart Futures Reauthorization Act of 2017, the Director of NIH, acting through the Director of the Institute, shall provide a report to Congress-- ``(1) outlining the ongoing research efforts of the National Institutes of Health regarding congenital heart disease; and ``(2) identifying-- ``(A) future plans for research regarding congenital heart disease; and ``(B) the areas of greatest need for such research.''.
Congenital Heart Futures Reauthorization Act of 2017 This bill amends the Public Health Service Act to replace the authorization for a National Congenital Heart Disease Surveillance System with a requirement for the Department of Health and Human Services, regarding congenital heart disease, to enhance and expand research and surveillance infrastructure, and to plan and implement a public outreach and education campaign. (Congenital heart disease is a condition caused by a heart defect that is present at birth.) The Centers for Disease Control and Prevention must conduct: (1) a study of congenital heart disease, from birth to adulthood, that considers health care utilization, demographic factors, and outcomes; and (2) an awareness, outreach, and education campaign regarding congenital heart disease. Data from the study must be made available to the public. The National Heart, Lung, and Blood Institute must report on its ongoing research efforts regarding congenital heart disease, future plans for such research, and areas of greatest need for such research.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseline Reform Act of 1994''. SEC. 2. THE BASELINE. (a) The second sentence of section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by inserting ``but only for the purpose of adjusting the discretionary spending limits set forth in section 601(a)(2) of the Congressional Budget Act of 1974'' after ``for inflation as specified in paragraph (5); and (2) by inserting ``but only for the purpose of adjusting the discretionary spending limits set forth in section 601(a)(2) of the Congressional Budget Act of 1974'' after ``to offset pay absorption and for pay annualization as specified in paragraph (4)''. (b) Section 1109(a) of title 31, United States Code, is amended by adding after the first sentence the following new sentence: ``These estimates shall not include an adjustment for inflation for programs and activities subject to discretionary appropriations.''. SEC. 3. THE PRESIDENT'S BUDGET. (a) Paragraph (5) of section 1105(a) of title 31, United States Code, is amended to read as follows: ``(5) except as provided in subsection (b) of this section, estimated expenditures and appropriations for the current year and estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years following that year;''. (b) Section 1105(a)(6) of title 31, United States Code, is amended by inserting ``current fiscal year and the'' before ``fiscal year''. (c) Section 1105(a)(12) of title 31, United States Code, is amended by striking ``and'' at the end of subparagraph (A), by striking the period and inserting ``; and'' at the end of subparagraph (B), and by adding at the end the following new subparagraph: ``(C) the estimated amount for the same activity (if any) in the current fiscal year.''. (d) Section 1105(a)(18) of title 31, United States Code, is amended by inserting ``new budget authority and'' before ``budget outlays''. (e) Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(30) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction.''. SEC. 4. THE CONGRESSIONAL BUDGET. Section 301(e) of the Congressional Budget Act of 1974 is amended by-- (1) inserting after the second sentence the following: ``The starting point for any deliberations in the Committee on the Budget of each House on the concurrent resolution on the budget for the next fiscal year shall be the estimated level of outlays for the current year in each function and subfunction. Any increases or decreases in the Congressional budget for the next fiscal year shall be from such estimated levels.''; and (2) striking paragraph (8) and redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively, and by inserting after paragraph (7) the following new paragraphs: ``(8) a comparison of levels for the current fiscal year with proposed spending and revenue levels for the subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function and subfunction; and ``(9) information, data, and comparisons indicating the manner in which and the basis on which, the committee determined each of the matters set forth in the concurrent resolution;''. SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES. (a) The first sentence of section 202(f)(1) of the Congressional Budget Act of 1974 is amended to read as follows: ``On or before February 15 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report for the fiscal year commencing on October 1 of that year with respect to fiscal policy, including (A) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits) compared to comparable levels for the current year and (B) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year.''. (b) Section 202(f)(1) of the Congressional Budget Act of 1974 is amended by inserting after the first sentence the following new sentence: ``That report shall also include a table on sources of spending growth in total mandatory spending for the budget year and the ensuing 4 fiscal years, which shall include changes in outlays attributable to the following: cost-of-living adjustments; changes in the number of program recipients; increases in medical care prices, utilization and intensity of medical care; and residual factors.''. (c) Section 308(a)(1) of the Congressional Budget Act of 1974 is amended-- (1) in subparagraph (C), by inserting ``, and shall include a comparison of those levels to comparable levels for the current fiscal year'' before ``if timely submitted''; and (2) by striking ``and'' at the end of subparagraph (C), by striking the period and inserting ``; and'' at the end of subparagraph (D), and by adding at the end the following new subparagraph: ``(E) comparing the levels in existing programs in such measure to the estimated levels for the current fiscal year.'' (d) Title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``gao reports to budget committees ``Sec. 408. On or before January 15 of each year, the Comptroller General, after consultation with appropriate committees of the House of Representatives and Senate, shall submit to the Congress a report listing all programs, projects, and activities that fall within the definition of direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (e) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 407 the following new item: ``Sec. 408. GAO reports to budget committees.''. Passed the House of Representatives August 12, 1994. Attest: Clerk. 103d CONGRESS 2d Session H. R. 4907 _______________________________________________________________________ AN ACT To reform the concept of baseline budgeting.
Baseline Reform Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise the definition of baseline to provide for certain inflation adjustments only for the purpose of adjusting discretionary spending limits. Requires the President's budget to include: (1) estimated expenditures and appropriations for the current year; (2) new budget authority in budget outlay comparisons; and (3) a certain comparison of levels of estimated expenditures and proposed appropriations that includes the proposed increase or decrease in spending in percentage terms. Amends the Congressional Budget Act of 1974 to make conforming changes to the development of the concurrent resolution on the budget. Requires the Congressional Budget Office (CBO) to include in reports to budget committees certain current year comparisons and a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing four fiscal years. Requires the CBO to include in cost estimates of pending legislation a comparison of prior year spending levels to current year levels. Requires the CBO to report to the Congress annually on all programs, projects, and activities that fall within the definition of direct spending.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Heroes Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Law enforcement officers, first responders, and public safety officials risk their lives every day to serve and protect our neighborhoods and communities. (2) These men and women are true public servants who regularly sacrifice and encounter grave daily harm. (3) The families of law enforcement officers, first responders, and public safety officials also sacrifice and contribute to their roles as guardians of the public good. (4) In recent times, it has become apparent that these women and men are being targeted intentionally by criminals in our society. (5) Congress must do all it can to promote a system of law and order which enables law enforcement officers, first responders, and public safety officials to properly do their jobs. SEC. 3. PROTECTION OF PUBLIC SAFETY OFFICERS. (a) Killing of Public Safety Officers.-- (1) Offense.--Chapter 51 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1123. Killing of public safety officers ``(a) Definitions.--In this section-- ``(1) the terms `Federal law enforcement officer' and `United States judge' have the meanings given those terms in section 115; ``(2) the term `federally funded public safety officer' means a public safety officer or judicial officer for a public agency that-- ``(A) receives Federal financial assistance; and ``(B) is an agency of an entity that is a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States, an Indian tribe, or a unit of local government of that entity; ``(3) the term `firefighter' includes an individual serving as an officially recognized or designated member of a legally organized volunteer fire department and an officially recognized or designated public employee member of a rescue squad or ambulance crew; ``(4) the term `judicial officer' means a judge or other officer or employee of a court, including prosecutors, court security, pretrial services officers, court reporters, and corrections, probation, and parole officers; ``(5) the term `law enforcement officer' means an individual, with arrest powers, involved in crime or juvenile delinquency control or reduction or enforcement of the laws; ``(6) the term `public agency' includes a court system, the National Guard of a State to the extent the personnel of that National Guard are not in Federal service, and the defense forces of a State authorized by section 109 of title 32; and ``(7) the term `public safety officer' means an individual serving a public agency in an official capacity, as a law enforcement officer, as a firefighter, as a chaplain, or as a member of a rescue squad or ambulance crew. ``(b) Offense.--It shall be unlawful for any person to-- ``(1) kill, or attempt or conspire to kill-- ``(A) a United States judge; ``(B) a Federal law enforcement officer; or ``(C) a federally funded public safety officer while that officer is engaged in official duties, or on account of the performance of official duties; or ``(2) kill a former United States judge, Federal law enforcement officer, or federally funded public safety officer on account of the past performance of official duties. ``(c) Penalty.-- ``(1) In general.--Any person that violates subsection (b) shall be fined under this title and imprisoned for not less than 10 years or for life, or, if death results, shall be sentenced to not less than 30 years and not more than life, or may be punished by death. ``(2) Enhanced penalty.--Any person that, in the commission of a violation of subsection (b), lures a public safety officer to a location for the purpose of killing, or attempting to kill, the public safety officer shall, in addition to a penalty under paragraph (1), be fined under this title and imprisoned for not less than 5 years.''. (2) Table of sections.--The table of sections for chapter 51 of title 18, United States Code, is amended by adding at the end the following: ``1123. Killing of public safety officers.''. (b) Assault of Public Safety Officers.-- (1) Offense.--Chapter 7 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 120. Assaults of public safety officers ``(a) Definitions.--In this section-- ``(1) the term `federally funded public safety officer' means a public safety officer or judicial officer for a public agency that-- ``(A) receives Federal financial assistance; and ``(B) is an agency of an entity that is a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States, an Indian tribe, or a unit of local government of that entity; ``(2) the term `firefighter' includes an individual serving as an officially recognized or designated member of a legally organized volunteer fire department and an officially recognized or designated public employee member of a rescue squad or ambulance crew; ``(3) the term `judicial officer' means a judge or other officer or employee of a court, including prosecutors, court security, pretrial services officers, court reporters, and corrections, probation, and parole officers; ``(4) the term `law enforcement officer' means an individual, with arrest powers, involved in crime or juvenile delinquency control or reduction or enforcement of the laws; ``(5) the term `public agency' includes a court system, the National Guard of a State to the extent the personnel of that National Guard are not in Federal service, and the defense forces of a State authorized by section 109 of title 32; and ``(6) the term `public safety officer' means an individual serving a public agency in an official capacity, as a law enforcement officer, as a firefighter, as a chaplain, or as a member of a rescue squad or ambulance crew. ``(b) Offense.--It shall be unlawful to assault, or attempt to assault, a federally funded public safety officer while engaged in or on account of the performance of official duties, or assaults any person who formerly served as a federally funded public safety officer on account of the performance of such person's official duties during such service, or because of the actual or perceived status of the person as a federally funded public safety officer. ``(c) Penalty.-- ``(1) In general.--Any person that violates subsection (b) shall be subject to a fine under this title and-- ``(A) if the assault resulted in bodily injury (as defined in section 1365), shall be imprisoned not less than 2 years and not more than 10 years; ``(B) if the assault resulted in substantial bodily injury (as defined in section 113), shall be imprisoned not less than 5 years and not more than 20 years; ``(C) if the assault resulted in serious bodily injury (as defined in section 1365), shall be imprisoned for not less than 10 years; ``(D) if a deadly or dangerous weapon was used during and in relation to the assault, shall be imprisoned for not less than 20 years; and ``(E) shall be imprisoned for not more than 1 year in any other case. ``(2) Enhanced penalty.--Any person that, in the commission of a violation of subsection (b), lures a public safety officer to a location for the purpose of assaulting, or attempting to assault, the public safety officer shall, in addition to a penalty under paragraph (1), be fined under this title and imprisoned for not less than 5 years.''. (2) Table of sections.--The table of sections for chapter 7 of title 18, United States Code, is amended by adding at the end the following: ``120. Assaults of public safety officers.''.
Protect Our Heroes Act of 2016 This bill amends the federal criminal code to make it a crime: (1) to kill, or attempt or conspire to kill, a federal judge, a federal law enforcement officer, or a federally funded public safety officer who is on duty; or (2) to kill a former federal judge, federal law enforcement officer, or federally funded public safety officer on account of their past performance of duties. An offender is subject to criminal penalties—a fine and a mandatory minimum prison term. This bill also makes it a crime: (1) to assault, or attempt to assault, a federally funded public safety officer who is on duty; or (2) to assault a former federally funded public safety officer on account of their past performance of official duties or because of their perceived status as a federally funded public safety officer. An offender is subject to criminal penalties—a fine and a mandatory minimum prison term.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Water Supply Enhancement Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide for the development of economically viable advanced water supply enhancement demonstration projects, including desalination, that would-- (A) substantially improve access to existing water supplies; and (B) provide access to untapped water sources; (2) to facilitate the widespread commercialization of newly developed water supply for use in real-world applications; (3) to provide objective analyses of water supply policies; and (4) to facilitate collaboration among Federal agencies in the development of advanced water supply demonstration projects, including desalination. SEC. 3. DEFINITIONS. In this Act: (1) Advisory panel.--The term ``Advisory Panel'' means the Water Supply Advisory Panel established under section 5(a). (2) Regional center.--The term ``Regional Center'' means the Regional Center referenced in the National Water Supply Technology Program White Paper, with a specific region of the nation and a specific water theme as designated under section 6(b). (3) Institute.--The term ``Institute'' means the Water Supply Policy Institute designated by section 8(a). (4) Program.--The term ``program'' means the water supply program established under section 4(a). (5) Program coordinator.--The term ``Program Coordinator'' means the lead Facility as described in the National Water Supply Technology Program White Paper. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Water resource agencies.--Federal agencies, as identified in the Interagency Consortium, developed by the Bureau of Reclamation, for Desalination and Membrane Separation. (8) Water supply enhancement.-- (A) In general.--The term ``water supply enhancement'' means a demonstration project, including desalination, designed to improve water quality or make more efficient use of existing water sources. (B) Inclusions.--The term ``water supply enhancement'' includes demonstration projects for-- (i) reducing water consumption in the production or generation of energy; (ii) desalination and related concentrate disposal; (iii) water reuse; (iv) contaminant removal; (v) agriculture, industrial, and municipal efficiency; and (vi) water monitoring and systems analysis. SEC. 4. DESALINATION AND WATER SUPPLY ENHANCEMENT DEMONSTRATION PROGRAM. (a) Establishment.--The Secretary shall, in coordination with the Water Resource Agencies, and the Program Coordinator, establish a desalination and advanced water supply enhancement demonstration program and fund demonstration projects for the development and commercialization of, advanced water supply demonstration projects, including desalination. The Secretary shall be responsible for coordinating the Water Resource Agencies activities authorized under this Act. (b) Program Coordinator.-- (1) In general.--The program shall be carried out by the Secretary, in coordination with the Water Resources Agencies and the Program Coordinator. (2) Duties.--In carrying out the program, the Program Coordinator, in consultation with the Secretary and Water Resource Agencies, shall-- (A) construct a facility at the office of the Program Coordinator for administering the program; (B) establish budgetary and contracting procedures for the program; (C) perform any administrative duties relating to the program; (D) administer funds under section 7; (E) conduct peer review of water supply enhancement demonstration proposals and research results; (F) create a water supply enhancement demonstration roadmap to-- (i) identify the best water supply demonstration projects; and (ii) make determinations about which water supply demonstration projects would most substantially improve the use of existing water supplies; (G) coordinate budgets for demonstration projects at Regional Centers; (H) coordinate research carried out under the program; (I) perform annual evaluations of demonstration projects and the progress made by Regional Centers; (J) establish a water supply demonstration transfer program-- (i) to identify commercially promising water supply demonstration projects; and (ii) to facilitate prototyping of, business planning for, regulatory acceptance of, and full commercialization of promising water supply demonstration projects through-- (I) project facilities; (II) industry consortia; and (III) collaboration with commercial financing organizations; (K) establish procedures and criteria to periodically assess Regional Centers under section 6(f)(2); (L) establish procedures for providing information to the public on the results of demonstration projects conducted under the program; and (M) implement cross-cutting research to develop sensor and monitoring systems for water and energy efficiency and management. SEC. 5. WATER SUPPLY ADVISORY PANEL. (a) Establishment.--The Program Coordinator, in consultation with the Secretary, shall establish an advisory panel, to be known as the ``Water Supply Advisory Panel'', to advise the Program with respect to-- (1) the direction of the program; (2) reviewing the performance of any demonstration project carried out using amounts made available under the program; (3) facilitating the commercialization of the water supply demonstration successes developed under the program; and (4) evaluating water policy. (b) Membership.--The Advisory Panel shall include members, with interest and expertise in water supply demonstration projects, that represent-- (1) industry; (2) educational institutions; (3) the Federal Government; (4) nongovernmental organizations; (5) international water technology institutions; and (6) the Regional Centers. SEC. 6. REGIONAL CENTERS IN WATER SUPPLY ENHANCEMENT. (a) In General.--A Regional Center shall partner with one or more universities from the region, that shall be eligible for funding under section 7(a) to conduct demonstration projects on specific advanced water supply enhancement projects. (b) Initial Regional Centers.--The Regional Centers as identified in the National Water Supply Technology Program White Paper, shall be grouped by region and theme, including, but not limited to the following: (1) Northeast region.--Reducing water quality impacts from power plant outfall and decentralized water treatment. (2) Central atlantic region.--Produced water purification and use for power production and water reuse for mega-cities. (3) Southeast region.--Shallow aquifer conjunctive water use; energy reduction for sea water desalination and membrane demonstration project development. (4) Midwest region.--Water efficiency in manufacturing and energy reduction in wastewater treatment. (5) Central region.--Cogeneration of nuclear power and water, energy systems for pumping irrigation and mining water reuse. (6) West region.--Conjunctive management of hydropower and water; and watershed management. (7) Southwest region.--Water for power production in arid environments; energy reduction and waste disposal for brackish desalination; high water and energy efficiency in arid agriculture; and transboundary water management. (8) Pacific region.--Point of use technology to reduce water treatment and conveyance energy; co-located energy production and water treatment; and water reuse for agriculture. (c) Selection of University Partners.--In consultation with the Program Coordinator and the Advisory Panel, each Regional Center, within 6 months after the date of enactment of this Act, shall select a primary university partner and may nominate additional university partners. (d) Operational Procedures.--Not later than 1 year after the date of enactment of this Act, each Regional Center shall submit to the Program Coordinator operational procedures for such Regional Center. (e) Additional Regional Centers.--Subject to approval by the Advisory Panel, the Program Coordinator may, not sooner than 5 years after the date of enactment of this Act, designate not more than 4 additional Regional Centers if the Program Coordinator determines that there are additional water supply technologies that need to be researched. (f) Period of Designation.-- (1) In general.--A designation under subsection (b), subsection (c), or subsection (d) shall be for a period of 5 years. (2) Assessment.--A Regional Center shall be subject to periodic assessments in accordance with procedures and criteria established under section 4(b)(2)(K). (3) Renewal.--After the initial period under paragraph (1), a designation may be renewed for subsequent 5-year periods in accordance with procedures and criteria established under section 4(b)(2)(K). (4) Probation, termination, or nonrenewal.-- (A) In general.--Based on a periodic assessment conducted under paragraph (2) and after review by the Secretary and Water Resource Agencies, the Secretary may determine not to renew the designation of a Regional Center. (B) Termination.--In coordination with the Water Resources Agencies, the Secretary may terminate or choose not to renew the designation of a Regional Center. (g) Executive Director.--A Regional Center shall be administered by an executive director. (h) Publication of Research Results.--A Regional Center shall periodically publish the results of any research carried out under the program in appropriate peer-reviewed journals. SEC. 7. PROGRAM FUNDING. (a) Funding to Regional Centers.-- (1) In general.--The Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide funding to the Regional Center subject to the provisions of section 10(b) to carry out demonstration projects identified in section 6(b) in coordination with other Regional Centers without cost-share requirements. (2) Distribution.--Of the funds made available to each Regional Center, 50 percent shall be distributed to regional university partners. Funds distributed to university partners within the region shall be distributed following a plan developed and included in the Regional Center's operational procedures developed under section 6(d) without cost-share requirements. (b) Open-Call Funding.-- (1) In general.--The Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide competitive funding mechanisms to eligible institutions and individuals for water supply demonstration projects. (2) Eligible collaborative institutions.--Each of the following are eligible for funding under paragraph (1): (A) Nongovernmental organizations. (B) Department of Energy National Laboratories. (C) Private corporations. (D) Industry consortia. (E) Universities or university consortia. (F) Any other entity with expertise in the conduct of research on water supply technologies. (G) International research consortia. (3) Distribution of funds.--Of the funds allotted for the program funding, the following percentages and restrictions apply: (A) Nongovernmental organizations.--No less than 15 percent and no more than 25 percent of the total funds shall be provided as block funding to nongovernmental organizations subject to a 50 percent nonprogram cost share that then may be redistributed by the nongovernmental organization along with non-program matching funds for individual projects. (B) National laboratories.--No less than 20 percent and no more than 30 percent of the total funds shall be provided to support individual projects from Department of Energy National Laboratories without matching fund requirements. (c) Federal Agencies.--No less than 15 percent and no more than 25 percent of the total funds shall be provided to support individual projects that are recommended by at least one other Federal Agency that is providing at least a 50 percent funding match. (d) Other Entities.--The remainder of funds may be provided to support individual projects subject to a 25 percent nonprogram cost share. (e) Term of Grant.-- (1) In general.--Except as provided in paragraph (2), funds provided under this section shall be for a term of 2 years. (2) Renewal.--The Program Coordinator, in consultation with the Secretary, and Water Resource Agencies, may renew demonstration project financing for up to 2 additional years as appropriate. (f) Reporting.--Organizations receiving funding under this section shall report on a bi-annual basis the results and status of research projects undertaken with funds from this Act. (g) Treatment of Funds.--Amounts received under funding provided to a non-Federal entity by this program shall be considered to be non- Federal funds when used as matching funds by the non-Federal entity toward a Federal cost-shared project outside this program. (h) Criteria.--The Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall establish criteria for the submission and review of grant applications and the provision of funds under this section. (i) Cost-Sharing Requirement.--A National Laboratory that receives funding under this section shall not be subject to a cost-sharing requirement. SEC. 8. NATIONAL WATER SUPPLY POLICY INSTITUTE. (a) Designation.--The Utton Center at the University of New Mexico Law School is designated as the National Water Policy Institute. (b) Duties.--The Institute shall-- (1) perform objective research on relevant water, regulations, and policy pertinent to this Act; (2) provide policy alternatives to increase national and international water supplies; (3) consult with the Regional Centers, industry, municipalities, nongovernmental organizations, other participants of the program, and any other interested persons, with priority for consultation services to be given to participants in the program; and (4) conduct an annual water policy seminar to provide information on demonstration projects carried out or funded by the Institute. (c) Partnerships.--The Institute may enter into partnerships with other institutions to assist in carrying out the duties of the Institute under subsection (b). (d) Executive Director.--The Institute shall be administered by an executive director, subject to approval by the Program Coordinator. SEC. 9. REPORTS. (a) Reports to Program Coordinator.--Any Regional Center, or collaborative institution that receives funding under section 7 shall submit to the Program Coordinator an annual report on activities carried out using amounts made available under this Act during the preceding fiscal year. (b) Report to Congress.--Not later than 3 fiscal years after the date of enactment of this Act and every 5 years thereafter, the Program Coordinator shall submit to the Secretary, and other Water Resource Agencies, and Congress a report that describes the activities carried out under this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary, and Water Resource Agencies, for each of fiscal years 2005 through 2009-- (1) for the construction of a facility under section 4(b)(2)(A), $20,000,000; (2) for the administration of the program by the Program Coordinator and for administration of the facility constructed under section 4(b)(2)(A), $5,000,000; (3) for demonstration projects carried out under the program, $200,000,000; and (4) for Regional Centers to administer funding and to update, maintain, and operate the facilities, as necessary, $7,500,000. (b) Allocation.--Of amounts made available under subsection (a)(3) for a fiscal year-- (1) not more than the lesser of $10,000,000 or 5 percent shall be made available to each Regional Center designated by section 6(b) or under section 6(e) as block funding following the funding procedures in section 7(a); (2) not more than the lesser of $10,000,000 or 5 percent shall be made available for the Institute designated by section 8(a); (3) at least 15 percent shall be made available for demonstration projects implemented under section 4(b)(2)(J); and (4) at least 30 percent shall be made available for the open-call funding program described in section 7(b).
Quality Water Supply Enhancement Act - Directs the Secretary of the Interior, in coordination with specified Federal agencies (Water Resource Agencies or WRAs) and the lead facility described in the National Water Supply Technology Program White Paper (Program Coordinator), to establish and carry out a desalination and advanced water supply enhancement demonstration program and fund demonstration projects. Directs the Program Coordinator to: (1) construct a facility for administering the program; (2) conduct peer review of proposals and research results; (3) create a roadmap to identify the best projects and make determinations about which would most substantially improve the use of existing supplies; (4) coordinate budgets for projects at, and provide funding to, Regional Centers; (5) establish a transfer program to identify and facilitate full commercialization of promising projects; (6) implement crosscutting research to develop sensor and monitoring systems for water and energy efficiency and management; (7) establish a Water Supply Advisory Panel; and (8) provide competitive funding mechanisms to eligible institutions and individuals for projects. Designates the Utton Center at the University of New Mexico Law School as the National Water Policy Institute.
{"src": "billsum_train", "title": "To establish a water supply enhancement demonstration program, including the demonstration of desalination, and for other purposes."}
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SECTION 1. ADDITIONAL LAND FOR GRAND RONDE RESERVATION. Section 1 of Public Law 100-425 (commonly known as the ``Grand Ronde Reservation Act'') (25 U.S.C. 713f note; 102 Stat. 1594; 104 Stat. 207; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended-- (1) in subsection (a)-- (A) in the first sentence-- (i) by striking ``Subject to valid existing rights, including (but not limited to) all'' and inserting the following: ``(1) In general.--Subject to valid existing rights, including all''; and (ii) by inserting ``(referred to in this Act as the `Tribes')'' before the period at the end; (B) in the second sentence, by striking ``Such land'' and inserting the following: ``(2) Treatment.--The land referred to in paragraph (1)''; and (C) by adding at the end the following: ``(3) Additional trust acquisitions.-- ``(A) In general.--The Secretary may accept title in and to any additional real property located within the boundaries of the original 1857 reservation of the Tribes (as established by the Executive order dated June 30, 1857, and comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon), if that real property is conveyed or otherwise transferred to the United States by, or on behalf of, the Tribes. ``(B) Treatment of trust land.-- ``(i) In general.--An application to take land into trust within the boundaries of the original 1857 reservation of the Tribes shall be treated by the Secretary as an on- reservation trust acquisition. ``(ii) Gaming.-- ``(I) In general.--Except as provided in subclause (II), real property taken into trust pursuant to this paragraph shall not be eligible, or used, for any class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). ``(II) Exception.--Subclause (I) shall not apply to any real property located within 2 miles of the gaming facility in existence on the date of enactment of this paragraph located on State Highway 18 in the Grand Ronde community, Oregon. ``(C) Reservation.--All real property taken into trust within the boundaries described in subparagraph (A) at any time after September 9, 1988, shall be considered to be a part of the reservation of the Tribes.''; and (2) in subsection (c)-- (A) in the matter preceding the table, by striking ``in subsection (a) are approximately 10,311.60'' and inserting ``in subsection (a)(1) are the approximately 11,349.92''; and (B) by striking the table and inserting the following: ``South West Section Subdivision Acres 4 8 36 SE\1/4\ SE\1/4\ 40 4 7 31 Lots 1,2, NE\1/4\, E\1/ 320.89 2\ NW\1/4\ 5 7 6 All 634.02 5 7 7 All 638.99 5 7 18 Lots 1 & 2, NE\1/4\, 320.07 E\1/2\ NW\1/4\ 5 8 1 SE\1/4\ 160 5 8 3 All 635.60 5 8 7 All 661.75 5 8 8 All 640 5 8 9 All 640 5 8 10 All 640 5 8 11 All 640 5 8 12 All 640 5 8 13 All 640 5 8 14 All 640 5 8 15 All 640 5 8 16 All 640 5 8 17 All 640 6 8 1 SW\1/4\ SW\1/4\, W\1/2\ 53.78 SE\1/4\ SW\1/4\ 6 8 1 S\1/2\ E\1/2\ SE\1/4\ 10.03 SW\1/4\ 6 7 7, 8, Former tax lot 800, 5.55 17, 18 located within the SE\1/4\ SE\1/4\ of sec. 7; SW\1/4\ SW\1/ 4\ of sec. 8; NW\1/4\ NW\1/4\ of sec. 17; and NE\1/4\ NE\1/4\ of sec. 18 4 7 30 Lots 3,4, SW\1/4\ NE\1/ 241.06 4\, SE\1/4\ NW\1/4\, E\1/2\ SW\1/4\ 6 8 1 N\1/2\ SW\1/4\ 29.59 6 8 12 W\1/2\ SW\1/4\ NE\1/4\, 21.70 SE\1/4\ SW\1/4\ NE\1/ 4\ NW\1/4\, N\1/2\ SE\1/4\ NW\1/4\, N\1/ 2\ SW\1/4\ SW\1/4\ SE\1/4\ 6 8 13 W\1/2\ E\1/2\ NW\1/4\ 5.31 NW\1/4\ 6 7 7 E\1/2\ E\1/2\ 57.60 6 7 8 SW\1/4\ SW\1/4\ NW\1/ 22.46 4\, W\1/2\ SW\1/4\ 6 7 17 NW\1/4\ NW\1/4\, N\1/2\ 10.84 SW\1/4\ NW\1/4\ 6 7 18 E\1/2\ NE\1/4\ 43.42 6 8 1 W\1/2\ SE\1/4\ SE\1/4\ 20.6 6 8 1 N\1/2\ SW\1/4\ SE\1/4\ 19.99 6 8 1 SE\1/4\ NE\1/4\ 9.99 6 8 1 NE\1/4\ SW\1/4\ 10.46 6 8 1 NE\1/4\ SW\1/4\, NW\1/ 12.99 4\ SW\1/4\ 6 7 6 SW\1/4\ NW\1/4\ 37.39 6 7 5 SE\1/4\ SW\1/4\ 24.87 6 7 5, 8 SW\1/4\ SE\1/4\ of sec. 109.9 5; and NE\1/4\ NE\1/ 4\, NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\ of sec. 8 6 8 1 NW\1/4\ SE\1/4\ 31.32 6 8 1 NE\1/4\ SW\1/4\ 8.89 6 8 1 SW\1/4\ NE\1/4\, NW\1/ 78.4 4\ NE\1/4\ 6 7 8, 17 SW\1/4\ SW\1/4\ of sec. 14.33 8; and NE\1/4\ NW\1/ 4\, NW\1/4\ NW\1/4\ of sec. 17 6 7 17 NW\1/4\ NW\1/4\ 6.68 6 8 12 SW\1/4\ NE\1/4\ 8.19 6 8 1 SE\1/4\ SW\1/4\ 2.0 6 8 1 SW\1/4\ SW\1/4\ 5.05 6 8 12 SE\1/4\, SW\1/4\ 54.64 6 7 17, 18 SW\1/4\, NW\1/4\ of 136.83 sec. 17; and SE\1/4\, NE\1/4\ of sec. 18 6 8 1 SW\1/4\ SE\1/4\ 20.08 6 7 5 NE\1/4\ SE\1/4\, SE\1/ 97.38 4\ SE\1/4\, E\1/2\ SE\1/4\ SW\1/4\ 4 7 31 SE\1/4\ 159.60 6 7 17 NW\1/4\ NW\1/4\ 3.14 6 8 12 NW\1/4\ SE\1/4\ 1.10 6 7 8 SW\1/4\ SW\1/4\ 0.92 6 8 12 NE\1/4\ NW\1/4\ 1.99 6 7, 8 7, 12 NW\1/4\ NW\1/4\ of sec. 86.48 7; and S\1/2\ NE\1/4\ E\1/2\ NE\1/4\ NE\1/4\ of sec. 12 6 8 12 NE\1/4\ NW\1/4\ 1.56 6 7,8 6,1 W\1/2\ SW\1/4\ SW\1/4\ 35.82 of sec. 6; and E\1/2\ SE\1/4\ SE\1/4\ of sec. 1 6 7 5 E\1/2\ NW\1/4\ SE\1/4\ 19.88 6 8 12 NW\1/4\ NE\1/4\ 0.29 6 8 1 SE\1/4\ SW\1/4\ 2.5 6 7 8 NE\1/4\ NW\1/4\ 7.16 6 8 1 SE\1/4\ SW\1/4\ 5.5 6 8 1 SE\1/4\ NW\1/4\ 1.34 ....... Total 11,349.92.''.
This bill amends the Grand Ronde Reservation Act to permit the Department of the Interior to accept real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon (comprising land within Polk and Yamhill Counties) that is transferred to the United States by or on behalf of the tribes. Interior must treat applications to take land into trust within the boundaries of the original 1857 reservation as on-reservation trust acquisitions. Gaming is prohibited on such real property taken into trust, except for real property within two miles of a specified gaming facility. All real property taken into trust within those boundaries after September 9, 1988, is part of the tribes' reservation.
{"src": "billsum_train", "title": "To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes."}
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SECTION 1. INVESTIGATIONS BY THE FEDERAL ENERGY REGULATORY COMMISSION UNDER THE NATURAL GAS ACT AND FEDERAL POWER ACT. (a) Investigations Under the Natural Gas Act.--Section 14(c) of the Natural Gas Act (15 U.S.C. 717m(c)) is amended-- (1) by striking ``(c) For the purpose of'' and inserting the following: ``(c) Taking of Evidence.-- ``(1) In general.--For the purpose of''; (2) by striking ``Such attendance'' and inserting the following: ``(2) No geographic limitation.--The attendance''; (3) by striking ``Witnesses summoned'' and inserting the following: ``(3) Expenses.--Any witness summoned''; and (4) by adding at the end the following: ``(4) Exclusive authority.--Notwithstanding any other provision of law, the exercise of the authorities of the Commission under this subsection shall not be subject to the consent of the Office of Management and Budget or any other Federal agency.''. (a) Investigations Under the Federal Power Act.--Section 307(b) of the Federal Power Act (16 U.S.C. 825f(b)) is amended-- (1) by striking ``(b) For the purpose of'' and inserting the following: ``(b) Taking of Evidence.-- ``(1) In general.--For the purpose of''; (2) by striking ``Such attendance'' and inserting the following: ``(2) No geographic limitation.--The attendance''; (3) by striking ``Witnesses summoned'' and inserting the following: ``(3) Expenses.--Any witness summoned''; and (4) by adding at the end the following: ``(4) Exclusive authority.--Notwithstanding any other provision of law, the exercise of the authorities of the Commission under this subsection shall not be subject to the consent of the Office of Management and Budget or any other Federal agency.''. SEC. 2. INCREASE IN CRIMINAL PENALTIES UNDER THE NATURAL GAS ACT AND FEDERAL POWER ACT. (a) Criminal Penalties Under the Natural Gas Act.--Section 21 of the Natural Gas Act (15 U.S.C. 717t) is amended-- (1) in subsection (a), by striking ``punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both'' and inserting ``imprisoned not more than 5 years, fined not more than $1,000,000, or both''; and (2) in subsection (b), by striking ``$500 for each and every day during which such offense occurs'' and inserting ``$50,000 for each day of each violation''. (b) Criminal Penalties Under the Federal Power Act.-- (1) General Penalties.--Section 316 of the Federal Power Act (16 U.S.C. 825o) is amended-- (A) in subsection (a), by striking ``punished by a fine of not more than $5,000 or by imprisonment for not more than two years or both'' and inserting ``imprisoned not more than 5 years, fined not more than $1,000,000, or both''; and (B) in subsection (b), by striking ``$500 for each and every day during which such offense occurs'' and inserting ``$50,000 for each day of each violation''. (2) Enforcement of certain provisions.--Section 316A of the Federal Power Act (16 U.S.C. 825o-1) is amended-- (A) by striking subsection (a) and inserting the following: ``(a) Violations.--It shall be unlawful for any person-- ``(1) to violate any provision of part II (including any rule or order issued under a provision of that part); or ``(2) to fail to comply, within a time period specified by the Commission, with-- ``(A) any written request by the Commission or a member of the staff of the Commission for information; or ``(B) a formal investigation or proceeding under this part.''; and (B) in subsection (b)-- (i) by striking ``section 211, 212, 213 or 214 or any provision of any rule or order thereunder'' and inserting the following: ``part II (including any rule or order issued under a provision of that part) or fails to comply in a timely manner with any written request for information by the Commission or a member of the staff of the Commission or in a formal investigation or proceeding under this part''; and (ii) by striking ``$10,000 for each day that such violation continues'' and inserting ``$50,000 for each day of each violation''. SEC. 3. CONSULTING SERVICES. Title IV of the Department of Energy Organization Act (42 U.S.C. 7171 et seq.) is amended by adding at the end the following: ``SEC. 408. CONSULTING SERVICES. ``(a) In General.--The Chairman may contract for the services of consultants to assist the Commission in carrying out any responsibilities of the Commission under this Act, the Federal Power Act (16 U.S.C. 791a et seq.), or the Natural Gas Act (15 U.S.C. 717 et seq.). ``(b) Applicable Law.--In contracting for consultant services under subsection (a), if the Chairman determines that the contract is in the public interest, the Chairman, in entering into a contract, shall not be subject to-- ``(1) section 5, 253, 253a, or 253b of title 41, United States Code; or ``(2) any law (including a regulation) relating to conflicts of interest.''.
Amends the Natural Gas Act and the Federal Power Act to: (1) provide that the Federal Energy Regulatory Commission (FERC) is not subject to the consent of the Office of Management and Budget or any other Federal agency when it elects to exercise its investigative authority; and (2) increase criminal penalties for violations of these Acts.Amends the Department of Energy Organization Act to authorize the Chairman of FERC to contract for consultant services to assist the Commission in carrying out its responsibilities.States that in contracting for those services the Chairman shall not be subject to any law relating to conflicts of interest.
{"src": "billsum_train", "title": "A bill to modify the authority of the Federal Energy Regulatory Commission to conduct investigations, to increase the criminal penalties for violations of the Federal Power Act and the Natural Gas Act, and to authorize the Chairman of the Federal Energy Regulatory Commission to contract for consultant services."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Improvement and Integrity Act of 2001''. SEC. 2. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER WITH WITNESSES, VICTIMS, OR INFORMANTS. (a) In General.--Section 1512 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``as provided in paragraph (2)'' and inserting ``as provided in paragraph (3)''; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: ``(2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to-- ``(A) influence, delay, or prevent the testimony of any person in an official proceeding; ``(B) cause or induce any person to-- ``(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding; ``(ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding; ``(iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or ``(iv) be absent from an official proceeding to which that person has been summoned by legal process; or ``(C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3).''; and (D) in paragraph (3), as redesignated-- (i) by striking ``and'' at the end of subparagraph (A); and (ii) by striking subparagraph (B) and inserting the following: ``(B) in the case of-- ``(i) an attempt to murder; or ``(ii) the use or attempted use of physical force against any person; imprisonment for not more than 20 years; and ``(C) in the case of the threat of use of physical force against any person, imprisonment for not more than 10 years.''; (2) in subsection (b), by striking ``or physical force''; and (3) by adding at the end the following: ``(j) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.''. (b) Retaliating Against a Witness.--Section 1513 of title 18, United States Code, is amended by adding at the end the following: ``(e) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.''. (c) Conforming Amendments.-- (1) Witness tampering.--Section 1512 of title 18, United States Code, is amended in subsections (b)(3) and (c)(2) by inserting ``supervised release,'' after ``probation''. (2) Retaliation against a witness.--Section 1513 of title 18, United States Code, is amended in subsections (a)(1)(B) and (b)(2) by inserting ``supervised release,'' after ``probation''. SEC. 3. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSITION OF BOTH A FINE AND IMPRISONMENT. (a) In General.--Title 18 of the United States Code is amended-- (1) in section 401, by inserting ``or both,'' after ``fine or imprisonment,''; (2) in section 1705, by inserting ``, or both'' after ``years''; and (3) in sections 1916, 2234, and 2235, by inserting ``, or both'' after ``year''. (b) Imposition by Magistrate.--Section 636 of title 28, United States Code, is amended-- (1) in subsection (e)(2), by inserting ``, or both,'' after ``fine or imprisonment''; and (2) in subsection (e)(3), by inserting ``or both,'' after ``fine or imprisonment,''. SEC. 4. REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO A PLEA AGREEMENT. (a) In General.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3296. Counts dismissed pursuant to a plea agreement ``(a) In General.--Notwithstanding any other provision of this chapter, any counts of an indictment or information that are dismissed pursuant to a plea agreement shall be reinstated by the District Court if-- ``(1) the counts sought to be reinstated were originally filed within the applicable limitations period; ``(2) the counts were dismissed pursuant to a plea agreement approved by the District Court under which the defendant pled guilty to other charges; ``(3) the guilty plea was subsequently vacated on the motion of the defendant; and ``(4) the United States moves to reinstate the dismissed counts within 60 days of the date on which the order vacating the plea becomes final. ``(b) Defenses; Objections.--Nothing in this section shall preclude the District Court from considering any defense or objection, other than statute of limitations, to the prosecution of the counts reinstated under subsection (a).''. (b) Technical and Conforming Amendment.--Chapter 213 of title 18, United States Code, is amended in the table of sections by adding at the end the following new item: ``3296. Counts dismissed pursuant to a plea agreement.''. SEC. 5. APPEALS FROM CERTAIN DISMISSALS. Section 3731 of title 18, United States Code, is amended by inserting ``, or any part thereof'' after ``as to any one or more counts''. SEC. 6. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN CONTROLLED SUBSTANCE CASES. (a) Drug Abuse Penalties.--Subparagraphs (A), (B), (C), and (D) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) are amended by striking ``Any sentence'' and inserting ``Notwithstanding section 3583 of title 18, any sentence''. (b) Penalties for Drug Import and Export.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) in paragraphs (1), (2), and (3), by striking ``Any sentence'' and inserting ``Notwithstanding section 3583 of title 18, any sentence''; and (2) in paragraph (4), by inserting ``notwithstanding section 3583 of title 18,'' before ``in addition to such term of imprisonment''. SEC. 7. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBATION OR SUPERVISED RELEASE WHEN REDUCING A SENTENCE OF IMPRISONMENT IN CERTAIN CASES. Section 3582(c)(1)(A) of title 18, United States Code, is amended by inserting ``(and may impose a sentence of probation or supervised release with or without conditions)'' after ``may reduce the term of imprisonment''. SEC. 8. CLARIFICATION THAT MAKING RESTITUTION IS A PROPER CONDITION OF SUPERVISED RELEASE. Subsections (c) and (e) of section 3583 of title 18, United States Code, are amended by striking ``and (a)(6) and inserting ``(a)(6), and (a)(7)''.
Judicial Improvement and Integrity Act of 2001 - Amends the Federal criminal code to expand the scope of provisions concerning, and increase penalties for, tampering with witnesses, victims, or informants. Sets forth provisions prohibiting the use of (or threat to use) physical force with intent to influence, delay, or prevent the testimony of any person in an official proceeding. Specifies that whoever conspires to tamper with a witness, victim, or informant, or to retaliate against any such individuals, shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.Modifies various code prohibitions to permit imposition of both a fine and imprisonment, instead of just one or the other, including for contempt and for destruction of letter boxes or mail.Directs that any counts of an indictment or information that are dismissed pursuant to a plea agreement be reinstated by the District Court if: (1) such counts were originally filed within the applicable limitations period; (2) the counts were dismissed pursuant to a plea agreement approved by the District Court under which the defendant pled guilty to other charges; (3) the guilty plea was subsequently vacated on the motion of the defendant; and (4) the United States moves to reinstate the dismissed counts within 60 days of the date on which the order vacating the plea becomes final.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act''. SEC. 2. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, CALIFORNIA. (a) Study Required.--The Secretary of the Interior shall conduct a special resource study of the lands, waters, and interests of the study area to evaluate a range of alternatives for protecting resources of the study area, including-- (1) expanding the Santa Monica Mountains Recreation Area and redesignating the area as the ``Santa Monica Mountains and Coastal Recreation Area''; or (2) creating a new coastal recreation area designated as ``Los Angeles Coastal Recreation Area''. (b) Study Topics.--In conducting the study, the Secretary shall evaluate alternatives that accomplish, to the extent practicable, the following objectives: (1) Preserving and restoring beaches, coastal uplands, and waterways. (2) Connecting, coordinating, and preserving State, county, and local government parks and other publicly owned lands to enhance the potential for public recreation use. (3) Developing and protecting historic sites, significant landscapes, districts, sites, structures, and recreation areas in connection therewith, including parks, picnic areas, scenic overlooks, hiking trails, bicycle trails and equestrian trails. (4) Creating open spaces for parks and recreational use along the coastline adjoining the Ballona Wetlands, in the City of Santa Monica, adjacent to and along State and county beaches of Los Angeles along the north Santa Monica Bay down through Dockweiler State Beach up and around the Ballona Creek and Wetlands, Baldwin Hills, and along the coastline in the San Pedro section of the City of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue. (5) Protecting wildlife populations in the designated area by preserving and restoring the Ballona Creek and Wetlands. (6) Establishing connections along the trail systems in the designated areas with the aim of creating or maintaining single contiguous trails along the Santa Monica Bay coastline and through Ballona Creek into the Baldwin Hills and encompassing major feeder trails connecting adjoining communities and regional transit to the trail system. (7) Preserving recreational opportunities and facilitating access to open space for a variety of recreational users. (8) Protecting rare, threatened, or endangered plant and animal species, and rare or unusual plant communities and habitats. (c) Private Property.--The study shall include an analysis of-- (1) the impact that establishment of all or a portion of the Ballona Creek and Wetlands, Baldwin Hills, and the San Pedro coastline as a unit of the Santa Monica Mountains National Recreation Area is likely to have on-- (A) land within or bordering the area that is privately owned at the time the study is conducted; and (B) leaseholders of publicly owned, developed lands; and (2) the concerns of private landowners within the existing boundaries of the Santa Monica Mountains National Recreation Area. (d) Consultation.--The Secretary shall conduct the study in consultation with the appropriate Federal, State, county and local government departments and entities, elected officials, community groups and nonprofits, including those that serve the following areas: (1) North Santa Monica Bay Coastline: City of Santa Monica, County of Los Angeles, City of Los Angeles communities of Pacific Palisades, Brentwood, and Venice. (2) Ballona Creek, Wetlands, and central Santa Monica Bay: City of Culver City, County of Los Angeles Marina Del Rey community, City of Los Angeles communities of Palms, Playa Vista, Del Rey, Palms, and Westchester. (3) Baldwin Hills and Ballona Creek headwaters: County of Los Angeles communities of Baldwin Hills, Windsor Hills and Ladera Heights, and City of Los Angeles communities of View Park, and Faircrest Heights. (4) Santa Monica Bay Coastline South: City of El Segundo, City of Manhattan Beach, City of Hermosa Beach, City of Redondo Beach, and City of Torrance. (5) Port of Los Angeles: City of Los Angeles, community of City of Los Angeles, community of San Pedro. (e) Study Criteria.--In addition to the special considerations specified in this section, the Secretary shall conduct the study in accordance with section 100507 of title 54, United States Code. (f) Transmission of Study.--Not later than 3 years after funds are first made available for the study, the Secretary shall transmit a report containing the results of the study to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (g) Definitions.--For the purposes of this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Study.--The term ``study'' means the study required by subsection (a) (3) Study area.--The term ``study area'' means the coastline and adjacent areas to the Santa Monica Bay from the City of Santa Monica from Will Rodgers Beach to Rat Beach, including the areas in and around Ballona Creek and the Baldwin Hills and the San Pedro section of the City of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue.
Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act This bill directs the Department of the Interior to conduct a special resource study of the lands, waters, and interests of the coastline and specified areas adjacent to the Santa Monica Bay in California to evaluate a range of alternatives for protecting the study area's resources, including: expanding and redesignating the Santa Monica Mountains Recreation Area as the "Santa Monica Mountains and Coastal Recreation Area," or creating a new coastal recreation area designated as the "Los Angeles Coastal Recreation Area."
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Traumatic Brain Injury Act Amendments of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Traumatic brain injury is among the nation's most significant public health concerns. It is the leading cause of death and disability in young Americans. (2) 1,500,000 traumatic brain injuries occur each year. 1,000,000 of those injuries are serious enough to require treatment in hospital emergency departments. An estimated 5,300,000 Americans live with a disability as a result of brain injury. The annual cost to society is estimated conservatively at $38,700,000,000. (3) Traumatic brain injury often results in significant impairment of an individual's physical, cognitive, and psychosocial functioning requiring access to an array of health care, education, social services and long-term supports from acute care to rehabilitation to community re-entry and participation. (b) Purposes.--In is the purpose of this Act to-- (1) require the Secretary of Health and Human Services, working in cooperation with other Federal agencies, to study and monitor the incidence and prevalence of traumatic brain injury and conduct national education activities to increase awareness of the causes and consequences of traumatic brain injury; (2) require the Secretary of Health and Human Services to cause to be identified best practices in diagnosis, emergent care, special education, and rehabilitation with the ultimate goal of independent functioning within the community; (3) require the Secretary of Health and Human Services to encourage States to build capacity and enhance community based service delivery systems to provide adequate, appropriate, and accessible services to individuals with traumatic brain injury and their families; and (4) require the Secretary of Health and Human Services to conduct basic and applied research regarding traumatic brain injury, including diagnosis, treatment, and rehabilitation. SEC. 3. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. Section 393A(b) of the Public Health Service Act (42 U.S.C. 280b- 1b(b)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(3) the implementation of a national education and awareness campaign in conjunction with Healthy People 2010, including-- ``(A) national dissemination and distribution of incidence and prevalence findings; ``(B) national dissemination of information relating to traumatic brain injury and the sequelae of secondary conditions arising from traumatic brain injury upon discharge from hospitals and trauma centers; and ``(C) the provision of information in primary care settings, including emergency rooms and trauma centers, concerning the availability of State level services and resources.''. SEC. 4. STUDY AND MONITOR INCIDENCE AND PREVALENCE. Section 4 of Public Law 104-166 (42 U.S.C. 300d-61 note) is amended-- (1) in subsection (a)(1)(A)-- (A) by striking clause (i) and inserting the following: ``(i) determine-- ``(I) the incidence and prevalence of traumatic brain injury in all age groups in the general population of the United States, including institutional setting; and ``(II) appropriate methodological strategies to obtain data on the incidence and prevalence of mild traumatic brain injury and report to Congress on such strategies within 18 months of the date of enactment of the Traumatic Brain Injury Act Amendments of 2000; and''; and (B) in clause (ii), by striking ``, if the Secretary determines that such a system is appropriate''; (2) in subsection (a)(1)(B)(i), by inserting ``, including return to work or school and optimal community participation,'' after ``functioning''; and (3) in subsection (d), to read as follows: ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 2001 through 2005.''. SEC. 5. PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH. (a) Interagency Program.--Section 1261(d)(4) of the Public Health Service Act (42 U.S.C. 300d-61(d)(4)) is amended-- (1) in subparagraph (A), by striking ``degree of injury'' and inserting ``degree of brain injury''; (2) in subparagraph (B), by striking ``acute injury'' and inserting ``acute brain injury''; and (3) in subparagraph (D), by striking ``injury treatment'' and inserting ``brain injury treatment''. (b) Research on Cognitive Disorders Arising From Traumatic Brain Injury.--Section 1261(d)(4) of the Public Health Service Act (42 U.S.C. 300d-61(d)(4)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) carrying out subparagraphs (A) through (D) with respect to cognitive disorders and the neurobehavioral consequences arising from traumatic brain injury, including the development, modification, and evaluation of therapies and programs of rehabilitation toward restoring normal capabilities to read, comprehend, speak, reason, and deduce.''. (c) Authorization of Appropriations.--Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) is amended by adding at the end the following: ``(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 2001 through 2005.''. SEC. 6. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is amended-- (1) in the section heading by striking ``demonstration''; (2) in subsection (a), by striking ``demonstration''; (3) in subsection (b)(3)-- (A) in subparagraph (A)(iv), by striking ``representing traumatic brain injury survivors'' and inserting ``representing individuals with traumatic brain injury''; and (B) in subparagraph (B), by striking ``who are survivors of'' and inserting ``with''; (4) in subsection (c)-- (A) in paragraph (1), by striking ``in cash'' and inserting ``in cash (or with respect to the second and each subsequent year for which matching funds are required, in-kind)''; and (B) by adding at the end the following: ``(3) Effective date.--The requirements of this subsection shall apply with respect to a State for grant years beginning after the first year in which the State receives a grant under this section.''; (5) by redesignating subsections (e) through (h) as subsections (g) through (j), respectively; (6) by inserting after subsection (d), the following: ``(e) Continuation of Previously Awarded Demonstration Projects.--A State that received a grant under this section prior to the date of enactment of the Traumatic Brain Injury Act Amendments of 2000 may compete for new project grants under this section after such date of enactment. ``(f) Use of State Grants.-- ``(1) Community services and supports.--A State shall use amounts received under a grant under this section to, directly or through grants or contracts with nonprofit entities-- ``(A) develop, change, or enhance community based service delivery systems that include timely access to an array of comprehensive services and supports that promote full community participation by individuals with brain injury and their families; ``(B) reflect local consumer or family driven values; ``(C) address the needs of individuals of all ages; ``(D) provide outreach and services to underserved and inappropriately served individuals, such as individuals in institutional settings, individuals with low socioeconomic resources, individuals in rural communities, and individuals in culturally and linguistically diverse communities; ``(E) provide grants to nonprofit entities for consumer or family service access training, consumer support, peer mentoring, and parent to parent programs; ``(F) provide individual and family service coordination or case management systems; and ``(G) support other needs identified by a State plan that is supported by its advisory council and that reflects local consumer or family driven values. ``(2) Best practices.-- ``(A) In general.--State services and supports provided under a grant under this section shall reflect the best practices in the field of traumatic brain injury, and shall be supported by quality assurance measures as well as the appropriate standard of health care and integrated community supports. ``(B) Demonstration by state agency.--The State agency responsible for administering amounts receive under a grant under this section shall demonstrate or obtain expertise and knowledge of traumatic brain injury and the unique needs associated with traumatic brain injury. ``(3) State capacity building.--A State may use amounts received under a grant under this section to leverage State resources to-- ``(A) educate consumers and families; ``(B) train professionals in public and private sector financing (such as third party payers, State agencies, community-based providers, schools, and educators); ``(C) develop or improve case management or service coordination systems; ``(D) develop best practices in areas such as family or consumer support, return to work, housing or supportive living, personal assistance services, assistive technology, substance abuse, behavioral health services, and traumatic brain injury treatment and rehabilitation; ``(E) tailor existing State systems to provide accommodation to the needs of individuals with brain injury (including systems administered by the State departments responsible for health, mental health, labor, education, mental retardation or developmental disabilities, transportation, housing, and correctional systems); and ``(F) improve data sets coordinated across systems and other needs identified by a State plan supported by its advisory council.''; (7) in subsection (g) (as so redesignated), by striking ``agencies of the Public Health Service'' and inserting ``Federal agencies''; (8) in subsection (j) (as so redesignated), to read as follows: ``(j) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated-- ``(1) $7,000,000 for fiscal year 2001; ``(2) $9,000,000 for fiscal year 2002; ``(3) $7,500,000 for fiscal year 2003; ``(4) $6,500,000 for fiscal year 2004; and ``(5) $6,000,000 for fiscal year 2005.''; and (9) by adding at the end the following: ``(k) State.--In this section, the term `State' includes territories of the United States.''.
Requires certain programs of the National Institutes of Health to include research on brain injury, its treatment, and nuerobehavioral consequences of such injury. Authorizes the Secretary to make grants to States to carry out projects (currently, demonstration projects) to improve access to health and other services regarding traumatic brain injury. Allows such grant funds to be used: (1) for community services and support for those with such injuries and their families; and (2) to build a State's capacity to address and treat such injuries. Requires such services and support to reflect best practices in the field of traumatic brain injury and to be supported by quality assurance measures.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Professionals Training and Certification Act of 1993''. SEC. 2. FINDINGS. The Congress finds: (1) Concern about the environment is growing and environmental issues now affect all aspects of American business and life. Americans now spend close to $70,000,000,000 annually on environmental-related expenditures. (2) Business and industry spend approximately $9,000,000,000 annually on various environmental consulting services, including $1,200,000,000 for Phase I Environmental Site Assessments. (3) There are currently a large number of environmental professionals performing Phase I Environmental Site Assessments who are not properly trained and who do not perform the assessments in a manner consistent with proper environmental standards and guidelines. Such assessments, therefore, pose a significant danger to the public health, safety, and welfare. (4) Many organizations issue environmental certifications without properly training or testing the candidates applying for certification. (5) The Federal Government does not presently have authority to regulate the quality of training and certification programs for environmental professionals and, with very few exceptions, the certification of environmental professionals. (6) Several organizations provide high quality training in the environmental sciences, and the Federal Government should support these efforts. (7) Federal oversight is needed to ensure that training and certification of environmental professionals meets certain minimum quality standards which ultimately will serve to protect the public interest. SEC. 3. ENVIRONMENTAL TRAINING AND CERTIFICATION. (a) Definitions.-- (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The terms ``Phase I Environmental Site Assessment'' and ``ESA'' mean the process by which a person or entity seeks to determine whether a particular parcel of real property is subject to Recognized Environmental Conditions. These conditions indicate the presence or likely presence of a Hazardous Substance or Petroleum Product on a property under conditions that indicate an existing release, a past release, or a material threat of a release into structures on the property or into the ground, ground water, or surface water of the property. (3) The term ``Board'' means the Environmental Certification Board'' established under subsection (b). (4) The term ``Certified Environmental Site Assessor'' means any person receiving certification to perform Phase I ESAs from an Approved Environmental Training and Certification Organization in accordance with this Act. (5) The term ``Approved Environmental Training and Certification Organization'' means any training and certification organization, public or private, whose curriculum, program, facilities, training, and testing methods have been approved by the Administrator as complying with standards established in accordance with this Act. (6) The term ``State'' means the 50 States plus the District of Columbia, Puerto Rico, Guam, American Samoa, and the United States Virgin Islands. (b) Establishment of a Program To Regulate Training and Certification of Environmental Site Assessors.--(1) Not later than 60 days after the date of the enactment of this Act, the Administrator shall establish a certification advisory board to be known as the ``Environmental Certification Board''. (2) The Board shall consist of a minimum of 6 members, appointed by the Administrator, with a demonstrated knowledge in the environmental field. The Board shall include representatives from the Environmental Protection Agency, environmental interest organizations, the chemical/ manufacturing industry, the environmental consulting service industry, the insurance industry, and the banking/investment industry. (3) All members of the Board shall serve on a voluntary basis, except those members from the Environmental Protection Agency. (4) The Board shall appoint one member to serve as Chairman who shall exercise the executive and administrative functions of the Board. (5) Not later than 12 months after the date of the enactment of this Act, the Board shall issue recommendations to the Administrator which shall include, but not be limited to, recommendations regarding the minimum standards to be established under subsection (c). (c) Minimum Standards.--Not later than 2 years after the date of the enactment of this Act, the Administrator shall issue regulations, based on the recommendations of the Environmental Certification Board, establishing minimum standards regulating environmental training and certification organizations for environmental professionals performing Phase I Environmental Site Assessments. The regulations shall include, but not be limited to, minimum standards relating to-- (1) formal environmental training; (2) continuing environmental education; (3) environmental certification and testing procedures; (4) revocation and disciplinary procedures; (5) establishment of a code of ethics; (6) consumer education; (7) certification renewal procedures; and (8) annual reporting of program activities. (d) Approval and Review of Environmental Training and Certification Organizations.--(1) The Administrator shall review the curriculum, program, facilities, training, and certification methods of each organization desiring to train and certify Phase I Environmental Site Assessors to determine if the curriculum, program, facilities, training, and certification methods are in compliance with the standards set forth in subsection (c). (2) If an organization's curriculum, program, facilities, training, and certification methods are in compliance with the minimum standards established under subsection (c), the Administrator shall issue a notice that such organization is an Approved Environmental Training and Certification Organization. This approval shall be valid for a term to be set by the Administrator, but no longer than 5 years. (e) Enforcement.--(1) No organization may issue a diploma, certification, or any other form of degree signifying that the recipient is a Certified Environmental Site Assessor, or qualified to perform a Phase I Environmental Site Assessment unless that organization has received approval from the Administrator under subsection (d). (2) The Administrator shall have the power to enjoin any organization found to be in violation of paragraph (1). Any organization found to be in violation of paragraph (1) shall be liable for civil penalties up to $5,000 per violation. Any person, corporation, or partnership found to be in violation of paragraph (1) shall be liable for civil penalties up to $1,000 per violation. (3) The Administrator may periodically, or upon expiration of approval, review the program, curriculum, facilities, and training methods of any Approved Environmental Training and Certification Organization. If at any time the Administrator finds such organization is no longer in compliance with the standards under subsection (c), the Administrator shall place the organization on probation for a period of 1 year. If, after the 1-year probationary period, the organization is still not conforming with the standards, the Administrator shall revoke its approval of certification. (4) Nothing in this Act shall be construed to preempt any State from issuing additional or more stringent guidelines and regulations regarding the training of environmental professionals. SEC. 4. AUTHORIZATION. There are authorized to be appropriated to the Administrator such sums as necessary to carry out the purposes of this Act.
Environmental Professionals Training and Certification Act of 1993 - Directs the Administrator of the Environmental Protection Agency to: (1) establish an Environmental Certification Board; and (2) issue regulations, based on the Board's recommendations, that establish minimum standards regulating environmental training and certification organizations for environmental professionals performing Phase I Environmental Site Assessments. Defines a "Phase I Environmental Site Assessment" as a process by which a person determines whether a parcel of real property is subject to recognized environmental conditions which indicate the likely presence of a hazardous substance or petroleum product and the likely release into the ground, groundwater, or surface water. Provides for approval of an organization if it meets minimum standards for curriculum, program, facilities, training, and certification methods. Makes such approval valid for up to five years. Bars unapproved organizations from issuing degrees signifying that a recipient is a certified environmental site assessor or qualified to perform a Phase I Environmental Site Assessment. Prescribes civil penalties for such violation. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern High Plains Groundwater Resource Conservation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) A reliable source of groundwater is an essential element of the economy of the communities on the High Plains. (2) The High Plains Aquifer and the Ogallala Aquifer are closely related hydrogeographic structures. The High Plains Aquifer consists largely of the Ogallala Aquifer with small components of other geologic units. (3) The High Plains Aquifer experienced a dramatic decline in water table levels in the latter half of the twentieth century. The average weighted decline in the aquifer from 1950 to 1997 was 12.6 feet (USGS Fact Sheet 124-99, Dec. 1999). (4) The decline in water table levels is especially pronounced in the Southern Ogallala Aquifer, reporting that large areas in the States of Kansas, New Mexico, and Texas experienced declines of over 100 feet in that period (USGS Fact Sheet 124-99, Dec. 1999). (5) The saturated thickness of the High Plains Aquifer has declined by over 50 percent in some areas (1186 USGS Circular 27, 1999). Furthermore, the survey has reported that the percentage of the High Plains Aquifer which has a saturated thickness of 100 feet or more declined from 54 percent to 51 percent in the period from 1980 to 1997 (USGS Fact Sheet 124- 99, Dec. 1999). (6) The decreased water levels in the High Plains Aquifer coupled with higher pumping lift costs raise concerns about the long-term sustainability of irrigated agriculture in the High Plains. (``External Effects of Irrigators' Pumping Decisions, High Plains Aquifer'' Alley and Schefter, American Geophysical Union paper #7W0326; Water Resources Research, Vol. 23, No. 7 1123-1130, July 1987). (7) Hydrological modeling by the United States Geological Survey indicates that in the context of sustained high groundwater use in the surrounding region, reductions in groundwater pumping at the single farm level or at a very local level of up to 100 square miles, have a very time limited impact on conserving the level of the local water table, thus creating a disincentive for individual water users to invest in water conservation measures. (``External Effects of Irrigators' Pumping Decisions, High Plains Aquifer'', Alley and Schefter, American Geophysical Union, paper #7W0326; Water Resources Research, Vol. 23, No. 7 1123-1130, July 1987). (8) Incentives must be created for conservation of groundwater on a regional scale, in order to achieve an agricultural economy on the Southern High Plains that is sustainable. (9) For water conservation incentives to function, Federal, State, tribal, and local water policymakers, and individual groundwater users must have access to reliable information concerning aquifer recharge rates, extraction rates, and water table levels at the local and regional levels on an ongoing basis. (b) Purposes.--To promote groundwater conservation on the Southern High Plains in order to extend the usable life of the Southern Ogallala Aquifer. SEC. 3. DEFINITIONS. For purposes of this Act: (1) High plains aquifer.--The term ``High Plains Aquifer'' means the groundwater reserve depicted as Figure 1 in the United States Geological Survey Professional Paper 1400-B, titled ``Geohydrology of the High Plains Aquifer in Parts of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming''. (2) High plains.--The term ``High Plains'' means the approximately 174,000 square miles of land surface overlying the High Plains Aquifer in the States of New Mexico, Colorado, Wyoming, South Dakota, Nebraska, Kansas, Oklahoma, and Texas. (3) Southern ogallala aquifer.--The term ``Southern Ogallala Aquifer'' means that part of the High Plains Aquifer lying below 39 degrees north latitude which underlies the States of New Mexico, Texas, and Oklahoma, Colorado, and Kansas. (4) Southern high plains.--The term ``Southern High Plains'' means the portions of the States of New Mexico, Texas, and Oklahoma, Colorado, and Kansas which overlie the Southern Ogallala Aquifer. (5) Secretary.--The term ``Secretary'' means either the Secretary of the Interior or the Secretary of Agriculture, as appropriate. (6) Water conservation measure.--The term ``water conservation measures'' means measures which enhance the groundwater recharge rate of a given piece of land, or which increase water use efficiencies. SEC. 4. HYDROLOGIC MAPPING, MODELING, AND MONITORING PROGRAM. (a) In General.--The Secretary of the Interior, working though the United States Geological Survey, shall develop a comprehensive hydrologic mapping, modeling, and monitoring program for the Southern Ogallala Aquifer. The program shall include on a county-by-county basis-- (1) a map of the hydrological configuration of the Aquifer; and (2) an analysis of-- (A) the current and past rate at which groundwater is being withdrawn and recharged, and the net rate of decrease or increase in aquifer storage; (B) the factors controlling the rate of horizontal migration of water within the Aquifer; (C) the degree to which aquifer compaction caused by pumping and recharge methods in impacting the storage and recharge capacity of the groundwater body; and (D) the current and past rate of loss of saturated thickness within the Aquifer. (b) Annual Report.--Not later than one year after the enactment of this Act, and annually thereafter, the Secretary shall submit a report on the status of the Southern Ogallala Aquifer to the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and the Governors of the States of New Mexico, Oklahoma, Texas, Colorado, and Kansas. SEC. 5. GROUNDWATER CONSERVATION ASSISTANCE. (a) Federal Assistance.--The Secretary of Agriculture, working through the Natural Resources Conservation Service, shall establish a groundwater conservation assistance program for Southern Ogallala Aquifer. (b) Design and Planning.--The Secretary shall provide financial and technical assistance, including modeling and engineering design to States, tribes, and counties, conservation districts, or other political subdivisions recognized under State law, for the development of comprehensive groundwater conservation plans within the Southern High Plains. This assistance shall be provided on a cost-share basis ensuring that-- (1) the Federal funding for the development of any given plan shall not exceed 50 percent of the cost; and (2) the Federal funding for groundwater water conservation planning for any one county, conservation district, or similar political subdivision recognized under State law shall not exceed $50,000. (c) Certification.--The Secretary shall create a certification process for comprehensive groundwater conservation plans developed under this program, or developed independently by States, tribes, counties, or other political subdivisions recognized under State law. To be certified, a plan must-- (1) cover a sufficient geographic area to provide a benefit to the groundwater resource over at least a 20 year period; (2) include a set of goals for water conservation; and (3) include a process for an annual evaluation of the plan's implementation to allow for modifications if goals are not being met. SEC. 6. IMPLEMENTATION ASSISTANCE. (a) In General.--Farming operations within jurisdictions which have a certified conservation plan in accordance with section 5(c) shall be eligible assistance for projects described in subsection (b). (b) Eligible Projects.--Projects eligible for assistance under subsection (a) are as follows: (1) Water conservation cost-share assistance.--The Secretary, working through the Natural Resources Conservation Service, may provide grants to individual farming operations of up to $50,000 for implementing on farm water conservation measures including the improvement of irrigation systems and the purchase of new equipment. The Federal share of the water conservation investment in any one operation be no greater than 50 percent. (2) Irrigated land reserve.--Through the 2020 calendar year, the Secretary shall formulate and carry out the enrollment of lands in a groundwater conservation reserve program through the use of multiple year contracts for irrigated lands which would result in significant per acre savings of groundwater resources if converted to dryland agriculture. (3) Conservation reserve program enhancement.--Lands eligible for the Conservation Reserve Program established under section 1231 of the Food Security Act of 1985 which would result in significant per acre savings of groundwater resources if removed from agricultural production shall be awarded 20 Conservation Reserve Program bid points, to be designated as groundwater conservation points, in addition to any other ratings the lands may receive. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) $5,000,000 annually through fiscal year 2020 for hydrologic mapping, modeling, and monitoring under this Act; (2) $5,000,000 annually through fiscal year 2020 for groundwater conservation planning, design, and plan certification under this Act; (3) $30,000,000 annually through fiscal year 2020 for cost- share assistance for on farm water conservation measures; and (4) $30,000,000 annually through fiscal year 2020 for enrollment of lands in an Irrigated Lands Reserve.
Authorizes and directs the Secretary of Agriculture, through the Natural Resources Conservation Service, to establish a groundwater conservation assistance program for such Aquifer. Directs the Secretary to create a groundwater conservation plan certification process. States that farms in jurisdictions with a certified plan shall be eligible for specified implementation assistance. Authorizes appropriations.
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SECTION 1. ELIGIBILITY OF PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, AND GUAM FOR THE TANF SUPPLEMENTAL GRANT FOR POPULATION INCREASES. (a) In General.--Section 403(a)(3)(D)(iii) of the Social Security Act (42 U.S.C. 603(a)(3)(D)(iii)) is amended by striking ``and the District of Columbia.'' and inserting ``, the District of Columbia, Puerto Rico, the United States Virgin Islands, and Guam. For fiscal years beginning after the effective date of this sentence, this paragraph shall be applied and administered as if the term `State' included the Commonwealth of Puerto Rico, the United States Virgin Islands, and Guam for fiscal year 1998 and thereafter.''. (b) Grant Payment Disregarded for Purposes of Section 1108 Limitation.--Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)) is amended by inserting ``, or any payment made to the Commonwealth of Puerto Rico, the United States Virgin Islands, or Guam under section 403(a)(3)'' before the period. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2003, and shall apply to expenditures for fiscal years beginning with fiscal year 2004. SEC. 2. ELIGIBILITY OF PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, AND GUAM FOR THE TANF CONTINGENCY FUND. (a) In General.--Section 403(b)(7) of the Social Security Act (42 U.S.C. 603(b)(7)) is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and Guam.''. (b) Grant Payment Disregarded for Purposes of Section 1108 Limitation.--Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)), as amended by section 1(b) of this Act, is amended by inserting ``or 403(b)'' after ``403(a)(3)'' before the period. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2003, and shall apply to expenditures for fiscal years beginning with fiscal year 2004. SEC. 3. ELIGIBILITY OF PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, AND GUAM FOR CHILD CARE ENTITLEMENT FUNDS. (a) In General.--Section 418(d) of the Social Security Act (42 U.S.C. 618(d)) is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and Guam''. (b) Amount of Payment.-- (1) General entitlement.--Section 418(a)(1) of such Act (42 U.S.C. 618(a)(1)) is amended by striking ``the greater of--'' and all that follows and inserting the following: ``(A) in the case of the Commonwealth of Puerto Rico, the United States Virgin Islands, and Guam, 60 percent of the amount required to be paid to the State for fiscal year 2001 under the Child Care and Development Block Grant Act of 1990; or ``(B) in the case of any other State, the greater of-- ``(i) the total amount required to be paid to the State under section 403 for fiscal year 1994 or 1995 (whichever is greater) with respect to expenditures for child care under subsections (g) and (i) of section 402 (as in effect before October 1, 1995); or ``(ii) the average of the total amounts required to be paid to the State for fiscal years 1992 through 1994 under the subsections referred to in clause (i).''; (2) Allotment of remainder.--Section 418(a)(2)(B) of such Act (42 U.S.C. 618(a)(2)(B)) is amended to read as follows: ``(B) Allotments to states.--Of the total amount available for payments to States under this paragraph, as determined under subparagraph (A) of this paragraph-- ``(i) an amount equal to 65 percent of the amount required to be paid to each of the Commonwealth of Puerto Rico, the United States Virgin Islands, and Guam for fiscal year 2001 under the Child Care and Development Block Grant Act of 1990, shall be allotted to the Commonwealth of Puerto Rico, the United States Virgin Islands, and Guam, respectively; and ``(ii) the remainder shall be allotted among the other States based on the formula used for determining the amount of Federal payments to each State under section 403(n) of this Act (as in effect before October 1, 1995).''. (c) Grant Payment Disregarded for Purposes of Section 1108 Limitation.--Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)), as amended by sections 1(b) and 2(b) of this Act, is amended by striking ``or 403(b)'' and inserting ``, 403(b), or 418''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 2003, and shall apply to expenditures for fiscal years beginning with fiscal year 2004. SEC. 4. FOSTER CARE PAYMENTS TO PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, AND GUAM DISREGARDED FOR PURPOSES OF THE LIMITATION OF PAYMENTS TO TERRITORIES. (a) In General.--Section 1108(a)(2) of the Social Security Act (42 U.S.C. 1308(a)(2)), as amended by sections 1(b), 2(b), and 3(c) of this Act, is amended by inserting ``, or any payment made to the Commonwealth of Puerto Rico, the United States Virgin Islands, or Guam under part E of title IV with respect to foster care'' before the period. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2003, and shall apply to expenditures for fiscal years beginning with fiscal year 2004. SEC. 5. EXEMPT MEDICAID TRANSITIONAL MEDICAL ASSISTANCE IN PUERTO RICO, THE VIRGIN ISLANDS, AND GUAM FROM THE CURRENT MEDICAID CAP ON SPENDING. (a) In General.--Section 1108 of the Social Security Act (42 U.S.C. 1308) is amended-- (1) in subsection (f), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; and (2) by adding at the end the following new subsection: ``(h) Special Rule for Transitional Medical Assistance in Puerto Rico, the Virgin Islands, and Guam.--Expenditures for transitional medical assistance under section 1925 in Puerto Rico, the Virgin Islands, and Guam shall not be subject to the payment limitations of subsection (f).''. (b) Permitting Application of Section 1925 in Puerto Rico, the Virgin Islands, and Guam.--Section 1925(c)(2) of such Act (42 U.S.C. 1396r-6(c)(2)) is amended by inserting before the period at the end the following: ``, except that such provisions may apply in Puerto Rico, the Virgin Islands, and Guam if elected by the Government of the respective commonwealth or territory''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2003, and shall apply to expenditures for fiscal years beginning with fiscal year 2004.
Amends part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act (SSA) to make Puerto Rico, the United States Virgin Islands, and Guam eligible for: (1) the TANF supplemental grant for population increases; (2) the TANF contingency fund; and (3) child care entitlement funds.Amends SSA title XI to: (1) disregard foster care payments to Puerto Rico, the United States Virgin Islands, and Guam for purposes of the limitation of total payments to each territory; and (2) exempt Medicaid (SSA title XIX) transitional medical assistance in Puerto Rico, the Virgin Islands, and Guam from the current Medicaid cap on spending.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stephen Michael Gleason Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Stephen ``Steve'' Gleason was born March 19, 1977, in Spokane, Washington to Mike and Gail Gleason. (2) Steve attended Gonzaga Preparatory School for high school where he excelled as both a football and baseball player. (3) In 1995, Steve enrolled at Washington State University where he was a 2-sport athlete for the baseball and football teams and helped the Cougars football team advance to the 1997 Rose Bowl. (4) In 2000, Steve signed a professional football contract with the Indianapolis Colts of the National Football League as an undrafted free agent but later joined the New Orleans Saints in November of that same season. (5) Steve would go on to play 7 more seasons as a member of the New Orleans Saints. (6) Steve will always be remembered for his blocked punt on September 25, 2006, against the Atlanta Falcons, the night the Louisiana Superdome reopened for the first time after Hurricane Katrina in a game the Saints would win 23 to 3. (7) In January, 2011 Steve was diagnosed with amyotrophic lateral sclerosis or ALS, considered a terminal neuro-muscular disease. (8) Following his diagnosis, Steve, with the loving support of his wife, Michel, began a mission to show that patients can not only live but thrive after a diagnosis of ALS and established The Gleason Initiative Foundation also known simply as ``Team Gleason''. (9) At the time of his diagnosis, however, Steve said there will be ``No White Flags'', which has become the mantra of Team Gleason. (10) The Gleason Initiative Foundation helps provide individuals with neuromuscular diseases or injuries with leading edge technology, equipment and services, raises global awareness about ALS to find solutions and an end to the disease, and has helped hundreds of people with ALS experience life adventures they never thought possible after their diagnosis. (11) Steve's story and mission have been told by the NFL Network, ESPN, HBO, ABC, CBS, CNN, and many local media outlets, as well as in a 2016 documentary titled ``Gleason'', which was heralded at the Sundance Film Festival and premiered across the country with Variety calling the production ``an emotional powerhouse''. The documentary won several awards, including the 2016 Washington, D.C. Area Film Critics Association Award for Best Documentary. (12) Steve was named 1 of 2 Sports Illustrated's Inspirations of the Year in 2014, has been a keynote speaker for Microsoft and at 2 United Nations sponsored Social Innovation Summits, and received the 2015 George S. Halas Courage Award, given to a NFL player, coach or staff member who overcomes the most adversity to succeed. (13) Steve helped advocate for the Steve Gleason Act of 2015 (Public Law 114-40; 129 Stat. 441), and the Steve Gleason Enduring Voices Act of 2017, H.R. 2465, 115th Congress (2017), which permanently ensures people living with diseases such as ALS have access to speech generating devices regardless of their setting, whether at home or a healthcare institution. (14) In 2014, Steve and Team Gleason hosted a global summit to bring together researchers, patients, caregivers, and all ALS stakeholders to create a plan to ultimately end ALS. That summit resulted in the single largest coordinated and collaborative ALS research project in the world, Answer ALS, which brings together nearly two dozen research institutions, 1,000 patients and 20,000,000,000,000 data points that are important to the project and that will define the unknown pathways that will lead to treatments or finally a cure. (15) In 2015, Steve and Microsoft worked together to create a method for people who are completely paralyzed to navigate their power wheelchairs with their eyes. Today, Steve, Microsoft and all wheelchair manufacturers are working collaboratively to make it widely available to all who need this technology. Microsoft has also made eye tracking technology part of all Windows 10 products across the globe. (16) In 2011, 10 months after his diagnosis, Steve and Michel made their most significant accomplishment, becoming parents to their son Rivers. (17) In addition to serving as advocates for all who are suffering from other debilitating neurological diseases, Steve and Michel Gleason continue to fight to find a solution for ALS so they can share many years together and as parents to Rivers. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to Stephen Michael Gleason. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.
Stephen Michael Gleason Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal to Stephen Michael Gleason.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``School Lunch Protection Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) in recent years, there has been an alarming number of instances of price-fixing and bid-rigging regarding foods purchased for-- (A) the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.); and (B) the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); (2) during the past several years, the Antitrust Division of the Department of Justice has filed over 95 criminal cases against persons accused of bid-rigging conspiracies, false statements, mail fraud, price-fixing, and similar activities involving dairy products sold to schools or the Department of Defense; (3) over 30 grand juries in States are investigating similar activities, especially in connection with activities involving the dairy industry; (4) 45 corporations and 48 individuals have been convicted by Federal courts of similar activities, and total fines and civil damages of approximately $100,000,000 have been assessed in Federal and State actions for similar activities; (5) a report of the Comptroller General of the United States noted that, as of March 1992, the Secretary of Agriculture had neither suspended nor debarred any of the 13 dairy companies or 28 individuals convicted, as of March 1992, of milk contract bid-rigging from participating in the school lunch and breakfast programs; (6) effective educational and monitoring programs can greatly reduce the incidence of price-fixing and bid-rigging by companies that sell products to schools; (7) reducing the incidence of price-fixing and bid-rigging in connection with the school lunch and breakfast programs could save school districts, parents, and taxpayers millions of dollars per year; (8) the Comptroller General of the United States has noted that bid-rigging awareness training is an effective means of deterring improper collusion and bid-rigging; and (9) the Comptroller General of the United States in a General Accounting Office report addressed many of the concerns described in this section with respect to bid rigging in the school lunch program. SEC. 3. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE ACTIVITIES. The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by adding at the end the following new section: ``SEC. 25. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE ACTIVITIES. ``(a) In General.--The Secretary shall-- ``(1) provide advice, training, technical assistance, and guidance to representatives of States, contracting entities, and school food service authorities regarding means of identifying and preventing anticompetitive activities relating to the acquisition of commodities for-- ``(A) the school lunch program established under this Act; ``(B) the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); ``(C) the special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772); and ``(D) the summer food service program for children established under section 13 of this Act; ``(2) provide information to, and fully cooperate with, the Attorney General and State attorneys general regarding investigations of anticompetitive activities relating to the acquisition of commodities for the programs referred to in paragraph (1); ``(3) provide awareness training, training films, technical advice, troubleshooting advice, and other guidance related to avoiding or detecting bid-rigging, price-fixing, or other anticompetitive activities concerning the acquisition of commodities for the programs; and ``(4) debar or suspend a person under section 12A, applicable regulations issued by the Secretary (such as part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations), and other applicable Federal laws (including regulations). ``(b) Food Service Management Institute.--The Secretary may request assistance from the food service management institute authorized under section 21 in carrying out this section. The Secretary may contract with the institute to carry out all or part of the duties described in paragraphs (1) and (3) of subsection (a). ``(c) Funding.--The Secretary shall make available to carry out this section not less than \1/2\ of 1 percent of the funds made available for the salaries and expenses of the Food and Nutrition Service for each fiscal year. ``(d) Termination.--The authority provided by this section shall terminate on September 30, 1999.''. SEC. 4. NONPROCUREMENT DEBARMENT. (a) In General.--The National School Lunch Act is amended by inserting after section 12 (42 U.S.C. 1760) the following new section: ``SEC. 12A. NONPROCUREMENT DEBARMENT. ``(a) In General.--Except as provided in subsections (b) and (c), the Secretary shall debar a person, and each principal and affiliate of the person, for at least 1 year from supplying, providing, or selling a product or commodity to a school, school district, school food service authority, or school district consortium participating in the school lunch program established under this Act, the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772), or the summer food service program for children established under section 13 of this Act if the person, or a principal or affiliate of the person, is convicted, in connection with supplying, providing, or selling a product or commodity to any school, school district, school food service authority, or school district consortium participating in any of the programs, or to any Federal agency, of-- ``(1) an anticompetitive activity, including bid-rigging, price-fixing, the allocation of customers between competitors, or other violation of Federal or State law related to protecting competition; ``(2) mail fraud, bribery, theft, or embezzlement; ``(3) making a false statement or claim; ``(4) making a false declaration before a grand jury; or ``(5) other obstruction of justice. ``(b) Subsequent Convictions.--Except as provided in subsection (c), if a person, or a principal or affiliate of the person, is convicted of an activity described in subsection (a) after having been previously debarred under this section, the person, and each principal and affiliate of the person, shall be debarred for at least 3 years from supplying, providing, or selling a product or commodity to any school, school district, school food service authority, or school district consortium participating in a program described in subsection (a) or to any Federal agency. ``(c) Waivers.--The Secretary may waive a debarment imposed under subsection (a) or (b) if the Secretary determines that debarment would-- ``(1) likely have a significant adverse effect on competition or prices in the relevant market or nationally; ``(2) seriously interfere with the ability of a school, school district, school food service authority, or school district consortium to procure a needed product or commodity for a program described in subsection (a); ``(3) be unfair to a person, subsidiary corporation, affiliate, parent company, or local division of a corporation that is not involved in the improper activity that would otherwise result in the debarment; or ``(4) not be in the public interest. ``(d) Relationship to Other Authority.--A debarment imposed under this section shall not reduce or diminish the authority of a Federal, State, or local government agency or court to-- ``(1) penalize, fine, suspend, debar, or otherwise punish, in a civil or criminal action, a person or a principal or affiliate of the person; or ``(2) imprison, debar, suspend, fine, or otherwise punish a person or a principal or affiliate of the person. ``(e) Regulations.--The Secretary shall issue such regulations as are necessary to carry out this section.''. (b) Implementation.-- (1) Application.--The amendment made by subsection (a) shall not apply to a conviction that is based on an activity that took place prior to the date of enactment of this Act. (2) Regulations.--Not later than July 1, 1994, the Secretary of Agriculture shall amend the nonprocurement regulations established under part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations, to conform with section 12A of the National School Lunch Act (as added by subsection (a)). (3) Consistent debarment policy.--Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the Director of the Office of Management and Budget, the Secretary of Defense, and such other officials as the Secretary of Agriculture determines are appropriate, shall advise the appropriate committees of Congress and the Comptroller General of the United States as to the appropriateness and usefulness of a consistent debarment policy under-- (A) the Federal acquisition regulations issued under title 48, Code of Federal Regulations; and (B) Federal nonprocurement regulations. (4) No reduction in authority.-- (A) In general.--The authority of the Secretary of Agriculture that exists on the date of enactment of this Act to debar or suspend a person, or a principal or affiliate of the person, from Federal financial and nonfinancial assistance and benefits under Federal programs and activities, on a government-wide basis, shall not be diminished or reduced by this section or the amendment made by this section. (B) Debarment or suspension.--The Secretary may continue, after the date of enactment of this Act, to debar or suspend a person (or a principal or affiliate of the person), on a government-wide basis, from Federal financial and nonfinancial assistance and benefits for any cause for debarment or suspension that is specified in part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations, or as otherwise permitted by law (including regulations). SEC. 5. PREVENTION AND CONTROL OF ANTICOMPETITIVE ACTIVITIES. The National School Lunch Act (as amended by section 3) is further amended by adding at the end the following new section: ``SEC. 26. PREVENTION AND CONTROL OF ANTICOMPETITIVE ACTIVITIES. ``(a) Assistance.--The Secretary shall provide financial assistance and other support to States, State attorneys general, law enforcement organizations, school food contracting agents, and school food service authorities to assist in the prevention and control of anticompetitive activities relating to-- ``(1) the school lunch program established under this Act; ``(2) the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); ``(3) the special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772); and ``(4) the summer food service program for children established under section 13 of this Act. ``(b) Information.--On request, the Secretary shall present to the appropriate committees of Congress information regarding the administration of sections 12A and 25 and this section, any waiver granted under section 12A(c), and efforts to reduce the incidence of anticompetitive activity (such as price-fixing and bid-rigging), in connection with the programs referred to in subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out subsection (a) $4,000,000 for each fiscal year.''.
School Lunch Protection Act of 1993 - Amends the National School Lunch Act to direct the Secretary of Agriculture (Secretary) to provide training and other assistance to State representatives, contracting entities, and school food service authorities to identify and prevent anti-competitive activities in the school lunch, school breakfast, special milk, and summer food service programs. Directs the Secretary to bar a company for at least one year (three years for a repeat conviction) from program participation upon conviction of anti-competitive or specified related activities. Directs the Secretary to provide financial assistance to States, law enforcement organizations, and school food contracting agents and food service authorities for prevention and control of food program anti-competitive activities.
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SECTION 1. FINDINGS. The Congress finds as follows: (1) The term ``classified school employee'' refers to employees working in pre-kindergarten through higher education, in the following nine job families: (A) Paraprofessionals. (B) Clerical services. (C) Custodial and maintenance services. (D) Transportation services. (E) Food services. (F) Skilled trades. (G) Health and student services. (H) Security services. (I) Technical services. (2) Classified school employees provide valuable service to public schools in the United States. (3) Classified school employees provide essential services, such as transportation, facilities maintenance and operations, food service, safety, and health care. (4) Classified school employees play a vital role in providing for the welfare and safety of students. (5) Classified school employees strive for excellence in all areas of service to the education community. (6) Exemplary classified school employees should be recognized for their outstanding contributions to quality education in the United States. SEC. 2. RECOGNITION PROGRAM ESTABLISHED. (a) In General.--The Secretary of Education shall establish and administer a national recognition program to be known as the ``National Classified School Employees of the Year Awards''. The purpose of the program shall be to recognize and promote the commitment and excellence exhibited by employees within certain occupational specialties in public schools who provide exemplary service to students in pre- kindergarten through higher education. (b) Occupational Specialties.-- (1) In general.--The occupational specialties referred to in subsection (a) are the following: (A) Paraprofessionals. (B) Clerical and administrative services. (C) Transportation services. (D) Food and nutrition services. (E) Custodial and maintenance services. (F) Security services. (G) Health and student services. (H) Technical services. (I) Skilled trades. (2) Number of awards.--Prior to March 31 of each year (beginning with the second calendar year that begins after the date of the enactment of this Act), the Secretary shall select an employee from each occupational specialty described in paragraph (1) to receive an award under the recognition program. (c) Selection Process.-- (1) Nomination process.--Not later than November 1 of each year (beginning with the first calendar year that begins after the date of the enactment of this Act), the Secretary shall solicit nominations from each occupational specialty described in subsection (b)(1) from the chief State school officer of each State. The chief State school officer of each State shall consider nominations submitted by the following: (A) Local educational agencies. (B) School administrators. (C) Professional associations. (D) Labor unions. (E) Any other group determined appropriate by the Secretary. (2) Demonstration.--Each nomination shall be submitted to the Secretary by a chief State school officer in such manner as the Secretary may require and shall contain, at a minimum, demonstrations of excellence in the following areas: (A) Work performance. (B) School and community involvement. (C) Leadership and commitment. (D) Local support. (E) Enhancement of classified school employees' image in the community and schools. (F) Any other area of superior performance, such as health and safety promotion or efficient use of energy or other resources. (3) Selection.--The Secretary shall develop uniform national guidelines for evaluating nominations submitted under paragraph (2) in order to select the most deserving nominees based on the demonstrations made in the areas described in such paragraph. (d) Definitions.--The terms used in this Act shall have the meaning given such terms in section 9101 of the Elementary and Secondary Education Act 1965 (20 U.S.C. 7801). Passed the House of Representatives March 15, 2010. Attest: LORRAINE C. MILLER, Clerk.
Directs the Secretary of Education to award National Classified School Employees of the Year Awards to public school employees within certain occupational specialties who provide exemplary service to students in pre-kindergarten through higher education. Requires the Secretary to choose an awardee each year, out of nominations received from the chief State school officer of each state, from each of the following occupational specialties: (1) paraprofessionals; (2) clerical and administrative services; (3) transportation services; (4) food and nutrition services; (5) custodial and maintenance services; (6) security services; (7) health and student services; (8) technical services; and (9) skilled trades. Requires each nomination to contain, at a minimum, demonstrations of excellence in: (1) work performance; (2) school and community involvement; (3) leadership and commitment; (4) local support; (5) the enhancement of classified school employees' image in the community and schools; and (6) any other area of superior performance, such as health and safety promotion or the efficient use of energy or other resources. Directs the Secretary to develop uniform national guidelines for evaluating nominations.
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SECTION 1. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS AND TARGETED TAX BENEFITS. (a) In General.--Section 1012 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 683) is amended to read as follows: ``expedited consideration of certain proposed rescissions ``Sec. 1012. (a) Proposed Rescission of Budget Authority or Repeal of Targeted Tax Benefits.--The President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriation Act or repeal of any targeted tax benefit provided in any revenue Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section. ``(b) Transmittal of Special Message.-- ``(1) The President may transmit to Congress a special message proposing to rescind amounts of budget authority or to repeal any targeted tax benefit and include with with that special message a draft bill that, if enacted, would only rescind that budget authority or repeal that targeted tax benefit. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates or the targeted tax benefit proposed to be repealed, as the case may be. It shall include a Deficit Reduction Account. The President may place in the Deficit Reduction Account an amount not to exceed the total rescissions in that bill. A targeted tax benefit may only be proposed to be repealed under this section during the 20-calendar-day period (excluding Saturdays, Sundays, and legal holidays) commencing on the day after the date of enactment of the provision proposed to be repealed. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the following-- ``(A) the amount of budget authority which he proposes to be rescinded; ``(B) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; ``(C) the reasons why the budget authority should be rescinded; ``(D) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect (including the effect on outlays and receipts in each fiscal year) of the proposed rescission; and ``(E) all facts, circumstances, and considerations relating to or bearing upon the proposed rescission and the decision to effect the proposed rescission, and to the maximum extent practicable, the estimated effect of the proposed rescission upon the objects, purposes, and programs for which the budget authority is provided. Each special message shall specify, with respect to the proposed repeal of targeted tax benefits, the information required by subparagraphs (C), (D), and (E), as it relates to the proposed repeal. ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the Committee on Appropriations or the Committee on Ways and Means of the House of Representatives, as applicable. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If that committee fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C)(i) During consideration under this paragraph, any Member of the House of Representatives may move to strike any proposed rescission or rescissions of budget authority or any proposed repeal of a target tax benefit, as applicable, if supported by 49 other Members. ``(ii) It shall not be in order for a Member of the House of Representatives to move to strike any proposed rescission under clause (i) unless the amendment reduces the appropriate Deficit Reduction Account if the program, project, or account to which the proposed rescission applies was identified in the Deficit Reduction Account in the special message under subsection (b). ``(D) A vote on final passage of the bill shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. It shall not be in order in the House of Representatives to consider any rescission bill introduced pursuant to the provisions of this section under a suspension of the rules or under a special rule. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1)(D) shall be referred to its Committee on Appropriations or Committee on Finance, as applicable. That committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B)(i) During consideration under this paragraph, any Member of the Senate may move to strike any proposed rescission or rescissions of budget authority or any proposed repeal of a targeted tax benefit, as applicable, if supported by 14 other Members. ``(ii) It shall not be in order for a Member of the House or Senate to move to strike any proposed rescission under clause (i) unless the amendment reduces the appropriate Deficit Reduction Account (pursuant to section 314) if the program, project, or account to which the proposed rescission applies was identified in the Deficit Reduction Account in the special message under subsection (b). ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this section, and all debatable motions and appeals in connection therewith, (including debate pursuant to subparagraph (C)), shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(d) Amendments and Divisions Prohibited.--Except as otherwise provided by this section, no amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(e) Requirement To Make Available for Obligation.--(1) Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House rejects the bill transmitted with that special message. ``(2) Any targeted tax benefit proposed to be repealed under this section as set forth in a special message transmitted to Congress under subsection (b) shall be deemed repealed unless, during the period described in that subsection, either House rejects the bill transmitted with that special message. ``(f) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; ``(2) the term `legislative day' means, with respect to either House of Congress, any day of session; and ``(3) The term `targeted tax benefit' means any provision which has the practical effect of providing a benefit in the form of a different treatment to a particular taxpayer or a limited class of taxpayers, whether or not such provision is limited by its terms to a particular taxpayer or a class of taxpayers. Such term does not include any benefit provided to a class of taxpayers distinguished on the basis of general demographic conditions such as income, number of dependents, or marital status.''. (b) Exercise of Rulemaking Powers.--Section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended-- (1) in subsection (a), by striking ``and 1017'' and inserting ``1012, and 1017''; and (2) in subsection (d), by striking ``section 1017'' and inserting ``sections 1012 and 1017''. (c) Conforming Amendments.-- (1) Section 1011 of the Congressional Budget Act of 1974 (2 U.S.C. 682(5)) is amended by repealing paragraphs (3) and (5) and by redesignating paragraph (4) as paragraph (3). (2) Section 1014 of such Act (2 U.S.C. 685) is amended-- (A) in subsection (b)(1), by striking ``or the reservation''; and (B) in subsection (e)(1), by striking ``or a reservation'' and by striking ``or each such reservation''. (3) Section 1015(a) of such Act (2 U.S.C. 686) is amended by striking ``is to establish a reserve or'', by striking ``the establishment of such a reserve or'', and by striking ``reserve or'' each other place it appears. (4) Section 1017 of such Act (2 U.S.C. 687) is amended-- (A) in subsection (a), by striking ``rescission bill introduced with respect to a special message or''; (B) in subsection (b)(1), by striking ``rescission bill or'', by striking ``bill or'' the second place it appears, by striking ``rescission bill with respect to the same special message or'', and by striking ``, and the case may be,''; (C) in subsection (b)(2), by striking ``bill or'' each place it appears; (D) in subsection (c), by striking ``rescission'' each place it appears and by striking ``bill or'' each place it appears; (E) in subsection (d)(1), by striking ``rescission bill or'' and by striking ``, and all amendments thereto (in the case of a rescission bill)''; (F) in subsection (d)(2)-- (i) by striking the first sentence; (ii) by amending the second sentence to read as follows: ``Debate on any debatable motion or appeal in connection with an impoundment resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event that the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee.''; (iii) by striking the third sentence; and (iv) in the fourth sentence, by striking ``rescission bill or'' and by striking ``amendment, debatable motion,'' and by inserting ``debatable motion''; (G) in paragraph (d)(3), by striking the second and third sentences; and (H) by striking paragraphs (4), (5), (6), and (7) of paragraph (d). (d) Clerical Amendments.--The item relating to section 1012 in the table of sections for subpart B of title X of the Congressional Budget and Impoundment Control Act of 1974 is amended to read as follows: ``Sec. 1012. Expedited consideration of certain proposed rescissions and targeted tax benefits.''.
Amends the Congressional Budget and Impoundment Control Act of 1974 to replace provisions regarding the rescission of budget authority with those authorizing the President to propose the rescission of any budget authority provided in an appropriation Act or repeal of any targeted tax benefit provided in any revenue Act. Authorizes the President to transmit a draft bill to the Congress with such a proposal that clearly identifies the budget authority proposed to be rescinded or the targeted tax benefit to be repealed. Includes within such bill a Deficit Reduction Account. Permits the President to place in the Account an amount not to exceed total rescissions in the bill. Establishes expedited procedures in the Senate and the House of Representatives for consideration of such bill. Makes any amount of budget authority proposed to be rescinded available for obligation on the day after the date either House rejects such bill. Deems any targeted tax benefit proposed for repeal to be repealed unless either House rejects such bill during a prescribed time frame.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Roads for America Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) An individual who is 65 years of age needs 4 times the amount of light to see at night as compared to an individual who is 25 years of age. (2) The AAA Foundation for Traffic Safety projects that by 2030 1 in every 4 drivers will be 65 years of age or older. (3) Increasing the retroreflectivity and size of traffic signs provides added decision time for older drivers. (4) Increasing the retroreflectivity and size of traffic signs also provides for faster response time by emergency medical technicians and police and fire personnel by increasing their ability to read and understand signs and reduce travel time to a site. (5) More than 50 percent of traffic accidents resulting in fatalities occur at night, and increased retroreflectivity of traffic signs addresses this issue. (6) In 2007, the following deadlines were established in the Manual on Uniform Traffic Control Devices in response to a statutory requirement from Congress: (A) By January 22, 2012, roadway owners must adopt a plan to ensure that their signs meet minimum levels of retroreflectivity. (B) By January 22, 2015, regulatory and warning signs and post-mounted signs must meet minimum levels of retroreflectivity. (C) By January 22, 2018, overhead and street name signs must meet minimum levels of retroreflectivity. (7) The Federal Highway Administration has estimated that the cost for making these retroreflectivity improvements for signage throughout the United States is $37,000,000 over a 10- year period. (8) At no point must a roadway owner replace a sign that meets the minimum levels of retroreflectivity. (9) The United States is currently experiencing the worst economic conditions since the Great Depression. (10) As a result, local governments across the United States are experiencing one of the most economically challenging times in history, with available revenues unable to match the costs of services demanded by the public. (11) To compensate for depressed revenue collections during the economic downturn, counties and cities are adopting severe cost-cutting measures, such as laying off and furloughing employees (including public safety personnel), cancelling or postponing planned capital improvements, deferring necessary maintenance, cutting equipment inventories, and in some cases declaring bankruptcy. (12) The costs of employee benefits continue to rise and local governments have to devote more resources to keep up with inflation. (13) States are passing along the costs of services to local governments as a method to balance their budgets. (14) The outlook for recovery appears to be at least 5 years away given that, even when the economy recovers, local governments experience a delay in increased tax collections due to the nature of property tax collections. SEC. 3. RETROREFLECTIVITY LEVEL STANDARDS APPLICABLE TO TRAFFIC SIGNS. (a) In General.--The Secretary of Transportation shall modify the target compliance dates for minimum retroreflectivity level standards set forth in section 2A.08 of the Manual on Uniform Traffic Control Devices for Streets and Highways, 2009 Edition (incorporated by reference in subpart F of part 655 of title 23, Code of Federal Regulations) so that the following target compliance dates apply: (1) A target compliance date of January 22, 2012, for implementation and continued use of an assessment or management method that is designed to maintain traffic sign retroreflectivity at or above the established minimum levels. (2) A target compliance date of January 22, 2018, for replacement of regulatory, warning, and post-mounted guide (except street name) signs that are identified using the assessment or management method as failing to meet the established minimum levels. (3) A target compliance date of January 22, 2021, for replacement of street name signs and overhead guide signs that are identified using the assessment or management method as failing to meet the established minimum levels. (b) Effect on Proposed Regulations.--The Secretary shall revise the notice of proposed amendments published in the Federal Register on August 31, 2011 (76 Fed. Reg. 54156), to incorporate the target compliance dates specified in subsection (a). (c) Funding.--The Secretary may use funds available to the Secretary to carry out this section notwithstanding any funding limitation enacted before the date of enactment of this Act. SEC. 4. HIGHWAY SAFETY IMPROVEMENT PROGRAM. (a) Highway Signs and Pavement Markings.--Section 148(a)(3)(B)(xi) of title 23, United States Code, is amended to read as follows: ``(xi) Installation, replacement, and upgrade of highway signs and pavement markings, including any upgrade of materials and the implementation of any assessment or management method designed to meet a State-established performance standard, Federal regulation, or requirement contained in the Manual on Uniform Traffic Control Devices relating to minimum levels of retroreflectivity.''. (b) Maintaining Minimum Levels of Retroreflectivity.-- (1) Definition.--Section 148(a) of such title is amended by adding at the end the following: ``(7) Project to maintain minimum levels of retroreflectivity.--The term `project to maintain minimum levels of retroreflectivity' means a project undertaken pursuant to the Manual on Uniform Traffic Control Devices requiring public agencies to use an assessment or management method that is designed to maintain highway sign or pavement marking retroreflectivity at or above prescribed minimum levels.''. (2) Eligible projects.--Section 148(d)(1) of such title is amended-- (A) by striking ``or'' at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) any project to maintain minimum levels of retroreflectivity on a public road, whether or not such project is included in the State strategic highway safety plan; or''. (3) Increased federal share.--The first sentence of section 120(c)(1) of such title is amended by inserting ``maintaining minimum levels of retroreflectivity of highway signs or pavement markings,'' after ``signalization,''. (c) Standards for Projects To Upgrade Highway Signs and Pavement Markings.--Section 148 of such title is amended by adding at the end the following: ``(i) Standards for Projects To Upgrade Highway Signs and Pavement Markings.--The Secretary shall issue standards for the use of funds apportioned to a State under section 104(b)(5) for highway safety improvement projects to upgrade highway signs and pavement markings in order to meet or exceed minimum maintained levels of retroreflectivity. Such standards shall ensure that the projects are carried out so as to meet defined criteria, consistent with other safety upgrades, using a systematic approach. Such standards shall permit the use of the funds for an initial upgrade of highway signs and pavement markings in the State, but shall prohibit the funds from being used for maintenance activities.''.
Safe Roads for America Act of 2011 - Requires the Secretary of Transportation to modify the target compliance dates for the following minimum retroreflectivity level standards: (1) implementation and continued use of an assessment or management method that is designed to maintain traffic sign retroreflectivity at or above the established minimum levels; (2) replacement of regulatory, warning, and post-mounted guide (except street name) signs identified using the assessment or management method as failing to meet the established minimum levels; and (3) replacement of street name signs and overhead guide signs that are identified using the assessment or management method as failing to meet the established minimum levels. Requires the Secretary to revise the notice of proposed amendments published in the Federal Register on August 31, 2011, to incorporate the new target compliance dates. Includes measures designed to meet a state-established performance standard, federal regulation, or requirement contained in the Manual on Uniform Traffic Control Devices relating to minimum levels of retroreflectivity as projects for purposes of the highway safety improvement program. Allows a maximum 100% federal share of the costs of construction related to maintaining minimum levels of retroreflectivity of highway signs or pavement markings. Directs the Secretary to issue standards for the use of funds apportioned to a state for highway safety improvement projects to upgrade highway signs and pavement markings in order to meet or exceed minimum maintained levels of retroreflectivity. Requires such standards to prohibit fund use for maintenance activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Impaired Driving Research and Prevention Act''. SEC. 2. FINDINGS. Congress finds that-- (1) driving under the influence of, or after having used, illegal drugs has become a significant problem worldwide; (2) in 2002, over 35,000,000 persons in the United States aged 12 or older had used illegal drugs in the past year and almost 11,000,000 of these persons (5 percent of the total population of the United States aged 12 or older and 31 percent of past year illicit drug users) had driven under the influence of, or after having used, illegal drugs in the past year; (3) research has established that abuse of a number of drugs can impair driving performance; (4) according to the National Highway Traffic Safety Administration, illegal drugs (often in combination with alcohol) are used by approximately 10 to 22 percent of drivers involved in all motor vehicles crashes; (5) drug impaired drivers are less frequently detected, prosecuted, or referred to treatment than drunk drivers; (6) there is a lack of uniformity or consistency in the way the 50 States approach drug impaired drivers; (7) too few police officers have been trained to detect drug impaired drivers, and too few prosecutors have been trained to prove drug impaired driving cases beyond a reasonable doubt; (8) per se drug impaired driving laws, like those used for driving under the influence of alcohol, are feasible and represent a sound strategy for dealing with drug impaired drivers and can assist in the prosecution of drug impaired driving offenders; and (9) while it is illegal in all States to drive a motor vehicle while under the influence of alcohol, drugs other than alcohol, or a combination of alcohol and other drugs, there is no consistent method across States for identifying drug impairment and the presence of drugs in the body. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide a model for States to implement and enforce a drug impaired driving statute; (2) to ensure drivers in need of drug education or treatment are identified and provided with the appropriate assistance; (3) to advance research and development of testing mechanisms and knowledge about drugged driving and its impact on traffic safety; and (4) to enhance the training of traffic safety officers and prosecutors to detect, enforce, and prosecute drug impaired driving laws. SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) Controlled substance.--The term ``controlled substance'' includes substances listed in schedules I through V of section 112(e) of the Controlled Substances Act (21 U.S.C. 812(e)). (2) Inhalant.--The term ``inhalant'' means a household or commercial product that can be used by inhaling for intoxicating effect. (3) Drug recognition expert.--The term ``drug recognition expert'' means an individual trained in a specific evaluation procedure that enables the person to determine whether an individual is under the influence of drugs and then to determine the type of drug causing the observable impairment. SEC. 5. MODEL STATUTE. (a) In General.--Not later than one year after the date of enactment of this Act, the Secretary shall develop and provide to the States a model statute relating to drug impaired driving which incorporates the provisions described in this Act. (b) Mandatory Provisions.--Provisions of the model statute developed by the Secretary for recommendation to the States under this section shall include, at a minimum, a provision that the crime of drug impaired driving is committed when a person operates a motor vehicle-- (1) while any detectable amount of a controlled substance is present in the person's body, as measured in the person's blood, urine, saliva, or other bodily substance; or (2) due to the presence of a controlled substance or a controlled substance in combination with alcohol or an inhalant, or both, in the person's body, the person's mental or physical faculties are affected to a noticeable or perceptible degree. (c) Discretionary Provisions.--Provisions of the model statute developed by the Secretary for recommendation to the States under this section may include the following: (1) Sanctions for refusing to submit to a test for the presence of a controlled substance in a person's body which are equivalent to sanctions for a positive test result. (2) Lawful use of any controlled substance listed in schedule II, III, IV, or V of section 112(c) of the Controlled Substances Act (21 U.S.C. 812(c)) that was lawfully prescribed by a physician licensed under State law is an affirmative defense to a charge of drug impaired driving; except that the affirmative defense shall not be available if it is shown that the person's mental or physical faculties were impaired by such use to a noticeable or perceptible degree. (3) A graduated system of penalties for repeat offenses of drug impaired driving, including, at a minimum, that a third or subsequent offense within a 10-year period shall be a felony punishable by imprisonment for more than a year. (4) Authorization for States to suspend or revoke the license of any driver upon receiving a record of the driver's conviction of driving a motor vehicle while under the influence of a controlled substance. (5) Provisions that require a sentence of imprisonment imposed for any drug impaired driving offense be served consecutively, not concurrently, from a sentence imposed for any other criminal act; except that a sentence imposed for the same act of impaired driving may be imposed concurrently if the additional conviction was based on an alternate theory of culpability for the same act. (6) An appropriate system of evaluation, counseling, treatment (if required), and supervision for persons convicted of drug impaired driving. SEC. 6. RESEARCH AND DEVELOPMENT. Section 403(b) of title 23, United States Code, is amended by adding at the end the following: ``(5) New technology to detect drug use. ``(6) Research and development to improve testing technology, including toxicology lab resources and field test mechanisms to enable States to process toxicology evidence in a more timely manner. ``(7) Determining per se impairment levels for controlled substances and the compound effects of alcohol and controlled substances on impairment to facilitate enforcement of per se drug impaired driving laws. Research under this paragraph shall be carried out in collaboration with the National Institute on Drug Abuse of the National Institutes of Health.''. SEC. 7. GOALS FOR TRAINING. Section 403 of title 23, United States Code, is amended by adding at the end the following: ``(g) Training Goals.--For the purpose of enhancing the States' ability to detect, enforce, and prosecute drug impaired driving laws, the Secretary shall-- ``(1) establish and carry out programs to enhance police and prosecutor training efforts for enforcement of laws relating to drug impaired driving and for development of programs to improve enforcement of such laws; and ``(2) ensure that drug impaired driving enforcement training or drug recognition expert programs, or both, exist in all 50 States and the District of Columbia by December 31, 2006.''. SEC. 8. DUTIES. The Administrator of the National Highway Traffic Safety Administration shall-- (1) advise and coordinate with other Federal agencies on how to address the problem of driving under the influence of an illegal drug; and (2) conduct research on the prevention, detection, and prosecution of driving under the influence of an illegal drug. SEC. 9. REPORTS. (a) In General.--Not later than 18 months after the date of enactment of this Act and annually thereafter, the Secretary shall transmit to Congress a report on the progress being made in carrying out this Act, including the amendments made by this Act. (b) Contents.--The Secretary shall include in the report an assessment of the status of drug impaired driving laws in the United States-- (1) new research and technologies in the area of drug impaired driving enforcement; (2) a description of the extent of the problem of driving under the influence of an illegal drug in each State and any available information relating thereto, including a description of any laws relating to the problem of driving under the influence of an illegal drug; and (3) recommendations for addressing the problem of driving under the influence of an illegal drug. SEC. 10. FUNDING. Out of amounts appropriated to carry out section 403 of title 23, United States Code, for fiscal years 2004 through 2009, the Secretary shall use, at a minimum, $1,200,000 per fiscal year to carry out drug impaired driving traffic safety programs, including the provisions of this section and the amendments made by this section.
Drug Impaired Driving Research and Prevention Act - Directs the Secretary of Transportation to develop and provide to the States a model statute relating to drug impaired driving which incorporates certain mandatory and discretionary provisions, including, at a minimum, a provision that the crime of drug impaired driving is committed when a person operates a motor vehicle: (1) while any detectable amount of a controlled substance is present in the person's body; or (2) due to the presence of a controlled substance or a controlled substance in combination with alcohol or an inhalant, or both, the person's mental or physical faculties are affected to a noticeable degree. Specifies discretionary provisions, including: (1) sanctions for refusing to submit to a drug test which are equivalent to sanctions for a positive test result; (2) a graduated system of penalties for repeat offenses; (3) authorization for States to suspend or revoke the license of a driver convicted of driving while under the influence of a controlled substance; and (4) a system of evaluation, counseling, treatment, and supervision for persons convicted of drug impaired driving. Authorizes the Secretary to use certain funds for research and development in drug detection and testing technology. Specifies certain training goals to enhance the State's ability to detect, enforce, and prosecute drug impaired driving laws. Requires the Administrator of the National Highway Traffic Safety Administration to advise and coordinate with other Federal agencies on how to address the problem of driving under the influence of an illegal drug, and to conduct research on the prevention, detection, and prosecution of driving under the influence of an illegal drug.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Insurance Claims Privacy Protection Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. Sec. 5. Limitations on disclosure of claims information to law enforcement agencies. Sec. 6. Separation of the functions of a crime bureau from the functions of an insurance data support organization. Sec. 7. Coordination with State law. Sec. 8. Enforcement. SEC. 2. FINDINGS. The Congress finds that-- (1) property and casualty insurers annually collect information pertaining to the claims filed by millions of policyholders and other individuals; (2) this information is generally provided to industry organizations for the purpose of assisting insurers to quickly pay a claim or, alternatively, to determine whether a pattern of claim filings exists that warrants further investigation; (3) there is a legitimate need for insurers to pool claims information among themselves and to work with law enforcement agencies in order to assure the integrity of the claims decisionmaking process; (4) while the insurance industry has historically taken strong and effective measures to prevent the improper disclosure of personal claims information to law enforcement agencies, it is now preparing to eliminate those protections and provide individual claims information on innocent individuals, as well as their doctors and lawyers, to law enforcement agencies; (5) although insurance is generally regulated by the individual States pursuant to the Act of March 9, 1945 (referred to as the ``McCarran-Ferguson Act''), and despite the fact that the National Association of Insurance Commissioners has proposed model privacy legislation which has been adopted in certain States and addresses the provision of individual information to law enforcement agencies, the Association's model legislation has not been enacted in most of the States and has not prevented the insurance industry from proceeding with its current plans; (6) the unfettered disclosure of personal claims information by insurers to law enforcement agencies on innocent individuals violates fundamental principles of individual privacy and may result in intimidating individuals in exercising their rights to file claims; and (7) in the absence of effective State regulation, a uniform rule, established through congressional enactment, is the only method for assuring the protection of personal privacy rights. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to protect the personal privacy rights of insurance customers and claimants by making certain that property and casualty insurers do not improperly provide personal information about innocent insurance claimants to law enforcement agencies; (2) to establish clear rules for separating the operation of an insurance crime bureau from the operation of an insurance data support organization in order to prevent the inappropriate use of insurance claims information; and (3) to establish strong and effective remedies for violations of this Act. SEC. 4. DEFINITIONS. As used in this Act: (1) All claims database.--The term ``all claims database'' means any data collection system, electronic or manual, which obtains information about property and casualty insurance claims without regard to whether there is a reasonable belief that any specific claimant has engaged in any illegal or fraudulent act. (2) Crime bureau.--The term ``crime bureau'' means any nongovernmental organization which, in whole or in part, (A) investigates potentially illegal or fraudulent acts with regard to property and casualty insurance claims, or (B) shares information about such claims with any law enforcement agency, absent a subpoena or court order; except that the term does not include the activities of a property and casualty insurer. (3) Insurance claims data support organization.--The term ``insurance claims data support organization'' means any nongovernmental organization which regularly engages, in whole or in part, in the practice of assembling or collecting claims information about persons for the primary purpose of providing information to property and casualty insurers, self-insurers, or the administrators of an insurance program; except that the term does not include the activities of a property and casualty insurer. (4) Property and casualty insurance.--The term ``property and casualty insurance'' means every line of insurance, except life insurance and health insurance, and includes, but is not limited to, automobile insurance, homeowners insurance, and workers' compensation insurance. (5) Property and casualty insurer.--The term ``property and casualty insurer'' means any person engaged in the business of insurance who provides property and casualty insurance, either directly or through agents or brokers. SEC. 5. LIMITATIONS ON DISCLOSURE OF CLAIMS INFORMATION TO LAW ENFORCEMENT AGENCIES. (a) Disclosure by Property and Casualty Insurer and Crime Bureau.-- No property and casualty insurer or crime bureau may disclose to a law enforcement agency any information pertaining to a claim unless it is doing so-- (1) to protect the interests of the insurer or crime bureau in preventing or prosecuting the perpetuation of fraud upon it; or (2) if the insurer or crime bureau reasonably believes that illegal activities have been conducted by the individual. (b) Disclosure by Data Support Organization.--No insurance data support organization may disclose to a law enforcement agency any information pertaining to a claim unless it is doing so-- (1) to protect the interests of the organization in preventing or prosecuting the perpetuation of fraud upon it; or (2) to respond to a subpoena or court order. SEC. 6. SEPARATION OF THE FUNCTIONS OF A CRIME BUREAU FROM THE FUNCTIONS OF AN INSURANCE DATA SUPPORT ORGANIZATION. (a) In General.--An insurance data support organization may establish and operate an all claims data base and may establish a system for providing claims information to a crime bureau for the purpose of detecting fraudulent or other illegal activities pertaining to specific claims or to specific categories of claims where fraudulent or other illegal activities are reasonably believed to have occurred; but an insurance data support organization may not engage in the activities of a crime bureau. (b) Crime Bureau.--A crime bureau may engage in activities designed to prevent, suppress, and prosecute fraud, including, when otherwise authorized by law, the conduct of appropriate investigations of claimants and collaborative activities with law enforcement agencies; but a crime bureau may not operate an all claims data base or collect claims information, either directly or indirectly, that may result in the establishment or operation of such a data base. SEC. 7. COORDINATION WITH STATE LAW. (a) In General.--Nothing in this Act shall be read as prohibiting any State from enacting legislation establishing more stringent protections than are provided in this Act for the privacy of information contained in property and casualty insurance claims. (b) State Certification.--Without regard to the provisions of section 8, any State may certify to the Attorney General of the United States that it has established, through law or regulation, the same protections and enforcement procedures that are incorporated in this Act. Upon approval of that certification by the Attorney General, and publication of that certification in the Federal Register, enforcement of this Act shall be solely pursuant to that certification. The Attorney General may revoke a certification for any material breach of its provisions. SEC. 8. ENFORCEMENT. (a) Injunction.--Any violation of this Act may be enjoined in any Federal district court without regard to any jurisdictional amount otherwise required. Such an injunctive action may be brought by the Attorney General or by any private party. (b) Civil Penalty.--Any violation of this Act may also be subject to a civil penalty of not more than $10,000.
Insurance Claims Privacy Protection Act - Specifies the circumstances in which disclosure of insurance claims information is allowed to law enforcement agencies by insurers and by nongovernmental crime bureaus (CBs) and insurance data support organizations (IDSOs). Regulates the activities in which CBs and IDSOs may engage. Provides for enforcement.
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SECTION 1. SHORT TITLE; AMENDMENT TO 1986 CODE; COORDINATION WITH TAXPAYER RELIEF ACT OF 1997. (a) Short Title.--This Act may be cited as the ``Affordable Education Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Coordination With Taxpayer Relief Act of 1997.--Any reference in this Act to any section of the Internal Revenue Code of 1986 amended or added by the Taxpayer Relief Act of 1997 shall be a reference to such section as so amended or added. SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS; COVERAGE OF PRIVATE PROGRAMS. (a) Exclusion.-- (1) In general.--Subparagraph (B) of section 529(c)(3) (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--If a distributee elects the application of this subparagraph for any taxable year-- ``(i) no amount shall be includible in gross income by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense, and ``(ii) the amount which (but for the election) would be includible in gross income by reason of any other distribution shall not be so includible in an amount which bears the same ratio to the amount which would be so includible as the amount of the qualified higher education expenses of the distributee bears to the amount of the distribution.''. (2) Additional tax on amounts not used for higher education expenses.--Section 529 is amended by adding at the end the following new subsection: ``(f) Additional Tax for Distributions Not Used for Educational Expenses.-- ``(1) In general.--The tax imposed by section 530(d)(4) shall apply to payments and distributions from qualified tuition programs in the same manner as such tax applies to education individual retirement accounts except that section 529(f) shall be applied by reference to qualified higher education expenses. ``(2) Excess contributions returned before due date of return.--Subparagraph (A) shall not apply to the distribution to a contributor of any contribution paid during a taxable year to a qualified tuition program to the extent that such contribution exceeds the limitation in section 4973(e) if such distribution (and the net income with respect to such excess contribution) meet requirements comparable to the requirements of section 530(d)(4)(C).'' (3) Coordination with education credits.--Section 25A(e)(2) is amended by inserting ``529(c)(3)(B) or'' before ``530(d)(2)''. (4) Effective date.--The amendments made by this subsection shall apply to distributions after December 31, 1997, for education furnished in academic periods beginning after such date. (b) Eligible Educational Institutions Permitted To Maintain Qualified Tuition Programs.-- (1) In general.--Paragraph (1) of section 529(b) (defining qualified State tuition program) is amended by inserting ``or by one or more eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (2) Limitation on contributions to qualified tuition programs not maintained by a state.--Subsection (b) of section 529 is amended by adding at the end the following new paragraph: ``(9) Limitation on contributions to qualified tuition programs not maintained by a state.--In the case of a program not maintained by a State or agency or instrumentality thereof, such program shall not be treated as a qualified tuition program unless it limits the annual contribution to the program on behalf of a designated beneficiary to $2,000.''. (3) Tax on excess contributions.-- (A) In general.--Subsection (a) of section 4973 is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) a qualified tuition program (as defined in section 529) not maintained by a State or any agency or instrumentality thereof, or''. (B) Excess contributions defined.--Section 4973(e) is amended to read as follows: ``(e) Excess Contributions to Private Qualified Tuition Program and Education Individual Retirement Accounts.--For purposes of this section-- ``(1) In general.--In the case of private education investment accounts maintained for the benefit of any 1 beneficiary, the term `excess contributions' means the amount by which the amount contributed for the taxable year to such accounts exceeds $2,000. ``(2) Private education investment account.--For purposes of paragraph (1), the term `private education investment account' means-- ``(A) a qualified tuition program (as defined in section 529) not maintained by a State or any agency or instrumentality thereof, and ``(B) an education individual retirement account (as defined in section 530). ``(3) Special rules.--For purposes of paragraph (1), the following contributions shall not be taken into account: ``(A) Any contribution which is distributed out of the education individual retirement account in a distribution to which section 530(d)(4)(C) applies. ``(B) Any contribution to a qualified tuition program (as so defined) described in section 530(b)(2)(B) from any such account. ``(C) Any rollover contribution.''. (4) Conforming amendments.-- (A) Paragraph (2) of section 26(b) is amended by redesignating subparagraphs (E) through (Q) as subparagraphs (F) through (R), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) section 529(f) (relating to additional tax on certain distributions from qualified tuition programs),''. (B) The text and headings of sections 529 and 530 are amended by striking ``qualified State tuition program'' each place it appears and inserting ``qualified tuition program''. (C)(i) The section heading of section 529 is amended to read as follows: ``SEC. 529. QUALIFIED TUITION PROGRAMS.''. (ii) The item relating to section 529 in the table of sections for part VIII of subchapter F of chapter 1 is amended by striking ``State''. (5) Effective date.--The amendments made by this subsection shall take effect on January 1, 1998. SEC. 3. EXTENSION OF EXCLUSION FOR EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE. (a) In General.--Section 127 (relating to educational assistance programs) is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (b) Repeal of Limitation on Graduate Education.--The last sentence of section 127(c)(1) is amended by striking ``, and such term also does not include any payment for, or the provision of any benefits with respect to, any graduate level course of a kind normally taken by an individual pursuing a program leading to a law, business, medical, or other advanced academic or professional degree''. (c) Effective Dates.-- (1) Extension.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1996. (2) Graduate education.--The amendment made by subsection (b) shall apply with respect to expenses relating to courses beginning after December 31, 1996. SEC. 4. INCREASE IN CONTRIBUTION LIMIT TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS; APPLICATION TO ELEMENTARY AND SECONDARY EDUCATION. (a) Increase in Maximum Annual Contributions.-- (1) In general.--Section 530(b)(1)(A)(iii) of the Internal Revenue Code of 1986 is amended by striking ``$500'' and inserting ``$2,000''. (2) Conforming amendments.-- (A) Section 530(d)(4)(C) of such Code is amended by striking ``$500'' and inserting ``$2,000''. (B) Section 4973(e)(1)(A) of such Code is amended by striking ``$500'' and inserting ``$2,000''. (b) Tax-Free Expenditures for Elementary and Secondary School Expenses.-- (1) In general.--Section 530(b)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means-- ``(i) qualified higher education expenses (as defined in section 529(e)(3)), and ``(ii) in the case of taxable years beginning after December 31, 2000, qualified elementary and secondary education expenses (as defined in paragraph (4)). Such expenses shall be reduced as provided in section 25A(g)(2). ``(B) Qualified tuition programs.--Such term shall include amounts paid or incurred to purchase tuition credits or certificates, or to make contributions to an account, under a qualified tuition program (as defined in section 529(b)) for the benefit of the beneficiary of the account.'' (2) Qualified elementary and secondary education expenses.--Section 530(b) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified elementary and secondary education expenses.-- ``(A) In general.--The term `qualified elementary and secondary education expenses' means tuition, fees, tutoring, special needs services, books, supplies, equipment, transportation, and supplementary expenses required for the enrollment or attendance of the designated beneficiary of the trust at a public, private, or sectarian school. ``(B) Special rule for homeschooling.--Such term shall include expenses described in subparagraph (A) required for education provided for homeschooling if the requirements of any applicable State or local law are met with respect to such education. ``(C) School.--The term `school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law.'' (3) Conforming amendments.--Subsections (b)(1) and (d)(2) of section 530 of such Code are each amended by striking ``higher'' each place it appears in the text and heading thereof. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.
Affordable Education Act - Amends the Internal Revenue Code (as revised by the Taxpayer Relief Act of 1997) to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses. Includes within the definition of "qualified State tuition program" programs maintained by eligible educational institutions. Requires such non-State programs to limit annual contributions on behalf of a designated beneficiary to $2,000. Sets forth related excess contribution provisions. (Sec. 3) Makes the exclusion from gross income for employer-provided educational assistance permanent. Includes graduate education assistance within such exclusion. (Sec. 4) Increases the maximum annual contribution limit for education individual retirement accounts to $2,000. Includes specified elementary and secondary school expenses (including home schooling) within the definition of "qualified education expenses."
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Section 1. Certain Piston Engines.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new subheading: ``[] Internal Free No Change No Change On or before 12/ combustio 31/98 .' n piston- ' type engines of a cylinder capacity exceeding 50 cc but not exceeding 1000 cc (provided ) for in subheadin g 8407.32.2 0, 8407.33.2 0, 8407.32.9 0 or 8407.33.9 0) to be installed in vehicles specially designed for traveling on snow, golf carts, non- amphibiou s all terrain vehicles, and burden carriers (provided for in subheadin g 8703.10.0 0. 8703.21.0 0 or 8704.31.0 0; or heading 8709) \1\.............................................. Sec. 2. (a) Except as provided in subsection (b), the amendment made by the first section of this Act shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (b) Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon a request filed with the appropriate customs officer before the 90th day after the date of the enactment of this Act, any entry of goods described in subheading [ ] of the Harmonized Tariff Schedule of the United States (as amended by this Act) that was made-- (1) after December 31, 1992; and (2) on or before the 15th day after the date of enactment of this Act; shall be liquidated or reliquidated as though such entry occurred on the day after such 15th day.
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1998, the duty on certain piston engines.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Comprehensive Emergency Preparedness, Response, and Coordination Act of 2003''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Responders to the terrorist attacks at the World Trade Center, the Pentagon, and the tragedy in Pennsylvania on September 11, 2001, from numerous jurisdictions assisted the fire and rescue, law enforcement, and health workers responsible for responding within their jurisdictions. (2) Even in the largest municipalities, first responders need the support of officials and personnel from their own and neighboring jurisdictions, as well as support from numerous regional, State, Federal, and private sector entities. (3) The sheer number of agencies taking part in any emergency response demands coordination, mutual support, and effective communication. Regional planning and coordination of response efforts are essential to ensure threat-based, multi- jurisdictional, and interoperable assessments and plans. (4) There does not exist a consistent national standard for allocation of homeland security grant money. Threat based vulnerability assessments and plans will provide a consistent national standard based on need. (5) Regional councils of governments, regional planning commissions, regional planning organizations, and development districts have the accountability and experience necessary to develop and coordinate comprehensive regional plans that encompass the needs of the Federal, State, and local governments, the private sector, and all other parties with a stake in providing for the security of their communities. Regional councils of government can ensure the development of a coordinated emergency recovery plan involving Federal, State, and local governments and the private sector. (6) Coordinated, area-wide training, equipment acquisition, and recovery planning is essential for effective regional preparedness and mitigation. (b) Purpose.--The purpose of this Act is to encourage and facilitate the development and implementation of regional emergency and disaster preparedness, response, and recovery coordination plans among Federal, State, and local governments and the private sector within the region and to facilitate preparedness and mitigation efforts. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Region.--The term ``region'' means a designated multijurisdictional planning area or a sub-State district with boundaries established by interstate compact, State law, or through mutual agreement of local governments. (2) Regional council.--The term ``regional council'' means a multipurpose association of local governments in a planning region, including councils of governments, regional planning commissions, regional planning organizations, and area development districts. (3) Local government.--The term ``local government'' means any county, city, town, or other municipality within the United States. (4) State.--The term ``State'' means any of the 50 States, the District of Columbia, or any territory of the United States. (5) Stakeholder.--The term ``stakeholder'' means representatives of Federal, State, local, private, and nonprofit entities, including-- (A) the Secretary of Homeland Security; (B) State and local elected officials; (C) representatives of Federal, State, and local emergency management agencies; (D) local fire and rescue personnel; (E) Federal, State, and local law enforcement personnel; (F) public and private health professionals, including representatives of the Centers for Disease Control and Prevention and the National Institutes of Health; (G) public and private school representatives; (H) college and university representatives; (I) representatives of the business community; (J) port and airport officials; (K) utilities officials; (L) representatives of State departments of transportation; (M) representatives of local chapters of the American Red Cross; (N) representatives of volunteer organizations concerned with emergency response or disaster recovery; and (O) representatives of other entities identified by the stakeholders. (6) Regional plan.--The term ``regional plan'' means a regional emergency and disaster preparedness, response, and recovery coordination plan developed under this Act. SEC. 4. DEVELOPMENT OF REGIONAL PLANS. (a) Coordination of Development.-- (1) In general.--Each regional council shall convene all local governments and Federal, State, and private sector stakeholders within its region to coordinate the development of a regional plan in accordance with this section. (2) States without regional councils.--In States that do not have regional councils, the Governor should work with local officials to organize a regional approach involving local elected officials and establish a homeland defense regional planning advisory committee that consists of stakeholders, including representatives of Federal, State, local, private, and nonprofit entities, as defined in section 3. (3) States with areas not covered by a regional council.-- In States with areas that are not covered by a regional council, the Governor may assign such areas to a regional council. (b) Elements of the Regional Plan.--Each regional plan shall include, at a minimum, the following: (1) Disaster assessment.--An assessment of natural disasters, human-induced disasters, and potential terrorist activities or targets that could disrupt essential services or mobility, adversely affect public health or safety, or adversely affect infrastructure within the region. (2) Response equipment and personnel assessment.--An assessment of available equipment and personnel to respond to a disaster. (3) Equipment needs assessment.--An assessment of equipment needs based on disaster potential, both natural and manmade. (4) Communications system.--A plan for the development of a regional communication system among stakeholders. (5) Secure information repository.--A plan for the development of a secure information repository that includes information needed to coordinate stakeholder responsibilities within the region. (6) Emergency coordination information.--Information on the following: (A) Response resources.-- (i) Locations, contacts, capabilities, and capacities of emergency medical facilities. (ii) Locations, contacts, and equipment listings for fire, police, and emergency medical technician services. (iii) Locations of, and 24-hour contacts for, appropriate medical facilities and personnel and other potential first responders. (iv) Locations and contacts for area stakeholders involved in the operation and maintenance of essential services within the region. (v) Locations and contacts for area key military personnel and facilities. (vi) Locations and contacts for other response resources as identified by regional stakeholders. (B) Support facilities.-- (i) Locations, capabilities, and capacities of existing shelters. (ii) Locations of, and available facilities at, schools, colleges, universities, churches, and other public buildings. (iii) Locations of major water and food supplies. (iv) Other support facilities as identified by regional stakeholders. (C) Infrastructure.-- (i) Locations of water treatment and storage facilities and distribution mains. (ii) Locations of utilities lines, pipelines, and generating facilities. (iii) Locations of sewer mains and treatment plants. (iv) Locations of voice, data, video, microwave, and satellite uplink communication facilities. (v) Locations of radio and television studios and transmission sites. (vi) Locations and capacities of shortwave radio facilities and volunteers. (vii) Locations of major bridges and dams. (viii) Locations of major educational facilities. (ix) Other infrastructure facilities as identified by regional stakeholders. (D) Transportation facilities.-- (i) Locations and capacities of major transportation facilities, lines, and terminals, including ports and airports. (ii) Locations and capacities of local and regional transportation routes. (iii) Other transportation facilities as identified by regional stakeholders. (E) At-risk populations.-- (i) Locations of large population concentrations and the times of those concentrations. (ii) Schedules of major public events and capacities of venues. (iii) Population statistics, including block level population data. (iv) School enrollment numbers. (v) Locations of elderly, infirm, and disabled persons who need special assistance. (vi) Other at-risk populations as identified by regional stakeholders. (F) Potential targets.-- (i) Locations of major concentrations of hazardous and biohazard chemicals. (ii) Locations of fuel depots and dispensing facilities that meet certain Environmental Protection Agency thresholds. (iii) Locations of major concentrations of munitions and explosives. (iv) Locations of other potential targets, such as nuclear power plants, in the region. (v) Other potential targets as identified by regional stakeholders. (G) Debris disposal.-- (i) Identification of locations for debris disposal. (ii) Identification of potential health hazards to personnel involved in debris disposal. (iii) Other debris disposal as identified by regional stakeholders. (c) Planning Activities.--Planning activities pursuant to this section shall include-- (1) analyzing and documenting the possibility of a disaster and the potential consequences or impacts of a disaster upon life, property, and the environment; and (2) planning for utilization of geographic information systems to assess hazards and evaluate the consequences of potential emergencies or disasters. (d) Approval of Regional Plan.--The initial phase of a regional plan, including planning components and an assessment of potential hazards and equipment needs, shall be approved by the region council's governing body, and the appropriate Governor or Governors, not later than the date that is 18 months after the regional council has received an initial apportionment under this Act. (e) Update of Regional Plan.--A regional council shall review and update its regional plan at least annually based on revised threat assessments, trainings, and drills. (f) Security of Mapping and Infrastructure Information Contained Within Regional Plan.-- (1) In general.--For security purposes, the information contained in the regional plan required under subsection (b)(5) shall be available only to those public and private officials and agencies that have responsibility under the plan. (2) Security technology.--A regional council shall utilize appropriate computer and software technology for securing the key resources and critical infrastructure that may be outlined within the regional plan. (3) Protection of key resources and critical infrastructure.--A regional plan shall outline the appropriate measures to protect the key resources and critical infrastructure within its region in coordination with other agencies and representatives from within the region, including Federal, State, and local government personnel, agencies, authorities, and the private sector. (4) Continued review and analysis.--A regional council shall continue to review and analyze and make recommendations for improvements in the policies and procedures governing the security of information contained in its regional plan and sharing the information with law enforcement, intelligence, emergency management, and other entities related to homeland security within the Federal Government and between such representatives within the region, including Federal, State, and local government personnel agencies, authorities, and the private sector. SEC. 5. FUNDING. (a) Apportionments to States.-- (1) In general.--To assist States in overseeing and coordinating the development of regional plans under this Act, the Secretary of Homeland Security shall apportion to each State for each of fiscal years 2005, 2006, and 2007 $0.05 for each person residing in the State and shall apportion to each State for each of fiscal years 2008 and 2009 such sums as may be necessary. (2) Maximum and minimum amount.--Notwithstanding paragraph (1), a State shall not receive more than $1,000,000 nor less than $50,000 of the amounts apportioned under this subsection in a fiscal year. (b) Apportionments to Regional Councils.-- (1) In general.--To assist regional councils in meeting the requirements of this Act, the Secretary shall apportion to each regional council identified by the Secretary for each of fiscal years 2005, 2006, and 2007 $1.00 for each person residing in the area represented by the regional council and shall apportion to each regional council for each of fiscal years 2008 and 2009 such sums as may be necessary to update regional plans and maintain and update necessary data. (2) Enhanced funding.--The Secretary may provide an additional apportionment to a regional council of not more than $0.25 for each person residing in the area represented by the regional council based on critical infrastructure and facilities located in that area, including nuclear power plants, military and other large Federal installations, dams, ports, and areas prone to natural disasters (including coastal areas). (3) Maximum and minimum amount.--Notwithstanding paragraphs (1) and (2), a regional council shall not receive more than $1,000,000 nor less than $50,000 of the amounts apportioned under this subsection in a fiscal year. (4) States without regional councils.--Before apportioning amounts under this section for a fiscal year, the Secretary may set aside a portion of the amounts for providing assistance to States described in section 4(a)(2). (c) Noncompliance.-- (1) Effect on funding.--The Secretary may withhold, reduce, or deny an apportionment under this section to a State or region council if the Secretary determines, in writing, that the State or regional council has not complied, or provided adequate assurances that it will comply, with the requirements of this Act. (2) Noncompliance by regional councils.--In the case of noncompliance by a regional council in a State, the Governor of the State, after providing the regional council with an opportunity to take necessary actions to comply with the requirements of this Act and determining, in writing, that the regional council has not taken such actions, may assume the responsibility for organizing a regional approach for the area represented by the regional council in accordance with section 4(a)(2). (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated for fiscal years 2005 through 2009 such sums as may be necessary to carry out this section. (2) Limitation.--Apportionments required by this section shall be subject to the availability of appropriations. If amounts appropriated to carry out this section in a fiscal year are insufficient to make the apportionments required by this section, the Secretary shall proportionally reduce the amounts to be so apportioned.
Regional Comprehensive Emergency Preparedness, Response, and Coordination Act of 2003 - Requires each regional council to convene all local governments and Federal, State, and private sector stakeholders within its region to coordinate the development of a regional emergency and disaster preparedness, response, and recovery coordination plan. Directs the Governor, in States that do not have regional councils, to work with local officials to organize a regional approach involving local elected officials and establish a homeland defense regional planning advisory committee. Sets forth minimum elements of regional plans, including: (1) disaster, response equipment and personnel, and equipment needs assessments; (2) development of a regional communication system and a secure information repository; (3) emergency coordination information; and (4) specified elements regarding support facilities, infrastructure, transportation facilities, at-risk populations, potential targets, and debris disposal. Directs that planning activities include: (1) analyzing and documenting the possibility of a disaster and the potential consequences or impacts upon life, property, and the environment; and (2) planning for utilization of geographic information systems to assess hazards and evaluate the consequences of potential emergencies or disasters. Sets forth provisions regarding approval and updating of regional plans, the security of mapping and infrastructure information, and funding apportionment. Authorizes the Secretary of the Department of Homeland Security to withhold, reduce, or deny an apportionment if the Secretary determines that the State or regional council has not complied, or provided adequate assurances that it will comply, with this Act's requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare and Medicaid Health Plan Beneficiary Orientation and Medical Profile Act of 1996''. SEC. 2. PROHIBITION ON PAYMENTS UNDER MEDICARE UNTIL COMPLETION OF ORIENTATION AND MEDICAL PROFILE. (a) In General.--Section 1876(c)(3) of the Social Security Act (42 U.S.C. 1395mm(c)(3)) is amended by adding at the end the following: ``(G)(i) The Secretary may not make a payment to an eligible organization under a risk-sharing contract under this section with respect to an enrollee until the eligible organization certifies to the Secretary that the organization-- ``(I) has provided the enrollee an orientation as described in clause (ii), and ``(II) has a medical profile described in clause (iii) with respect to the enrollee. ``(ii) The orientation required under this subparagraph includes an explanation of the following features of the health plan offered by such organization: ``(I) Access to care, including choice of physician, physician location, and hospital coverage. ``(II) Utilization review procedures and referral practices. ``(III) Payment structures (including any deductible), additional health care services available with or without a fee (and the amount of any such fee), applicable coverage packages, and copayment rates. ``(IV) Any physician incentive plan that such organization operates under the health plan. ``(V) Any other procedures required under the plan that affect access to care. ``(iii) The medical profile described in this clause is such profile of the medical condition of the enrollee as the Secretary shall specify by regulation.''. (b) Promulgation of Requirements for Orientation and Medical Profile.--Not later that 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall, by rule, first specify the elements of the orientation and of the medical profile described in clauses (ii) and (iii) of section 1876(c)(3)(G) of the Social Security Act (as added by subsection (a)). Chapter 8 of title 5, United States Code, shall not apply to such rule. Such rule shall apply on a final basis, pending notice and opportunity for public comment. (c) Effective Date.--The amendment made by subsection (a) applies with respect to enrollees as of the first day of the first month that begins more than 60 days after the date on which the Secretary first publishes the rule under subsection (b) in the Federal Register. SEC. 3. PROHIBITION ON PAYMENTS UNDER MEDICAID UNTIL COMPLETION OF ORIENTATION, MEDICAL PROFILE, AND IMMUNIZATION. (a) Requirement for Orientation and Medical Profile.-- (1) In general.--Notwithstanding any other provision of law, no payment shall be made to a State under title XIX of the Social Security Act with respect to expenditures incurred by it for payment (determined under a prepaid capitation basis or under any other risk basis) for services provided by any entity (including a health insuring organization) for an individual enrolled with the entity until the entity certifies to the Secretary of Health and Human Services that-- (A) the entity has provided the enrollee with such orientation as the Secretary of Health and Human Services specifies, which orientation shall include the explanation of rights described in paragraph (2) and the explanation of access to care described in paragraph (3); (B) the entity has a medical profile described in section 1876(c)(3)(G)(iii) of the Social Security Act (as added by section 2(a)) with respect to the enrollee; and (C) if the entity is responsible for the provision (directly or through arrangements with providers of services) of immunizations for an enrollee who is a child-- (i) the entity has obtained the immunization status of such child, and (ii) the entity has begun to provide (or is providing) for immunizations of such child in accordance with the standards established for early and periodic screening, diagnostic, and treatment services under such title. (2) Explanation of rights.--The explanation of rights described in this paragraph shall include an explanation of an enrollee's rights under such title in relation to enrollment with the entity, including an explanation of-- (A) the enrollee's rights to benefits from the entity, (B) the restrictions on payments under such title for services furnished other than by or through the entity, (C) out-of-area coverage provided by the entity, (D) the entity's coverage of emergency services and urgently needed care, and (E) appeal rights of enrollees. (3) Explanation of access to care.--The explanation of access to care described in this paragraph includes an explanation of the following features of the benefits offered by the entity under such title: (A) Access to care, including choice of physician, physician location, and hospital coverage. (B) Utilization review procedures and referral practices. (C) Payment structures and benefits. (D) Any physician incentive plan that such entity operates in relation to the enrollee. (E) Any other procedures required by the entity that affect access of the enrollee to care. (b) Promulgation of Requirements for Orientation and Medical Profile.--Not later that 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall, by rule, first specify the elements of the orientation and of the medical profile described in paragraphs (2) and (3) of subsection (a). Chapter 8 of title 5, United States Code, shall not apply to such rule. Such rule shall apply on a final basis, pending notice and opportunity for public comment. (c) Effective Dates.-- (1) In general.--Subject to paragraph (2), subsection (a) applies with respect to enrollees as of the date that is 60 days after the date on which the Secretary first publishes the rule under subsection (b) in the Federal Register. (2) Immunization requirements.--Subsection (a)(1)(C) applies with respect to enrollees as of the first day of the first month that begins more than 60 days after the date on which the Secretary first publishes the rule under subsection (b) in the Federal Register.
Medicare and Medicaid Health Plan Beneficiary Orientation and Medical Profile Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to prohibit any payments except to those entities which certify to the Secretary of Health and Human Services that they provide for orientation and medical profiles for enrollees. Applies the same requirement to payments under SSA title XIX (Medicaid), plus a requirement for appropriate immunizations of child enrollees. Directs the Secretary to promulgate requirements for orientation and medical profiles.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Review Every Dollar Act of 2015''. TITLE I--FEDERAL PROGRAM SUNSET SEC. 101. LIMITATION ON REAUTHORIZATION OF FEDERAL PROGRAMS. (a) Enforcement.--(1) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or conference report thereon, that reauthorizes any Federal program for a period of more than seven fiscal years. (2) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or any amendment thereto or conference report thereon, that establishes any new Federal program with an authorization of appropriations for a period of more than seven fiscal years. (b) Committee Review of Direct Spending Programs.--Not later than July 31 during the second session of each Congress, each standing committee of the House of Representatives and the Senate with legislative jurisdiction over any direct spending program shall apply the criteria set forth in section 102 to determine whether any such program should be modified, terminated, or reauthorized. SEC. 102. CRITERIA FOR REVIEW. Any committee of the House of Representatives or the Senate with jurisdiction over any program being reauthorized shall consider the following criteria in determining whether such program should be modified, terminated, or reauthorized: (1) The effectiveness and efficiency of the operation of the program. (2) Whether the program is cost effective. (3) Whether the original objectives of the program have been achieved. (4) Whether alternative methods exist to carry out the objectives of the program in a more cost effective manner. (5) The extent to which the program is duplicative or conflicts with other programs. (6) The potential benefits of consolidating this program with similar or duplicative programs. (7) The growth in cost per beneficiary or persons served by the program. (8) The extent to which any trends, developments, and emerging conditions may affect the problems or needs that the program is intended to address. (9) The extent it imposes mandates on State and local governments. (10) The extent it impedes sustainable economic growth. (11) The extent to which the program is a constitutionally authorized activity of the Government. TITLE II--DEFICIT REDUCTION ACCOUNTS SEC. 201. ESTABLISHMENT OF DISCRETIONARY DEFICIT REDUCTION ACCOUNT. (a) Discretionary Deficit Reduction Account.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``discretionary deficit reduction account ``Sec. 316. (a) Establishment of Account.--The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each maintain an account to be known as the `deficit reduction discretionary account'. The Account shall be divided into entries corresponding to the subcommittees of the Committee on Appropriations of that House and each entry shall consist of the `deficit reduction balance'. ``(b) Components.--Each entry shall consist only of amounts credited to it under subsection (c). ``(c) Crediting of Amounts to Account.-- ``(1) Whenever a Member of Congress offers an amendment to an appropriation bill to reduce new budget authority in any account or has the effect of reducing direct spending, that Member may state the portion of such reduction that shall be credited to-- ``(A) the deficit reduction balance; ``(B) used to offset an increase in new budget authority in any other account; or ``(C) allowed to remain within the applicable section 302(b) suballocation. ``(2) If no such statement is made, the amount of reduction in new budget authority resulting from the amendment shall be credited to the deficit reduction balance, as applicable, if the amendment is agreed to. ``(3) Except as provided by paragraph (4), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(4) When indicating the net amounts of reductions in new budget authority and outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to an appropriation bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members offering such amendments as amounts to be credited to the deficit reduction balance. ``(5) The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. ``(d) Calculation of Savings in Deficit Reduction Accounts in the House of Representatives and Senate.-- ``(1) For the purposes of enforcing section 302(a), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (c)(3) shall be counted against the 302(a) allocation provided to the Committee on Appropriations as if the amount calculated pursuant to subsection (c)(3) was included in the bill just engrossed. ``(2) For purposes of enforcing section 302(b), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the 302(b) allocation provided to the subcommittee for the bill just engrossed shall be deemed to have been reduced by the amount of budget authority and outlays calculated, pursuant to subsection (c)(3). ``(e) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations.''. SEC. 202. ESTABLISHMENT OF DIRECT SPENDING REDUCTION ACCOUNT. Title III of the Congressional Budget Act of 1974 (as amended by section 201) is further amended by adding at the end the following new section: ``direct spending deficit reduction account ``Sec. 317. (a) Establishment of Account.--The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the `deficit reduction direct spending account'. The account shall be divided into entries corresponding to the House of Representatives or Senate committees, as applicable, that received allocations under section 302(a) in the most recently adopted concurrent resolution on the budget, except that it shall not include the Committee on Appropriations of that House and each entry shall consist of the `first-year deficit reduction account' and the `five-year deficit reduction account' or the period covered by the resolution on the budget for that fiscal year, as applicable. ``(b) Components.--Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. ``(c) Calculation of Account Savings in House and Senate.--For the purposes of enforcing section 302(a), upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (d)(3) shall be counted against the 302(a) allocation provided to the applicable committee or committees of that House which reported the bill as if the amount calculated pursuant to subsection (d)(3) was included in the bill just engrossed. ``(d) Crediting of Amounts to Account.--(1) Whenever a Member or Senator, as the case may be, offers an amendment to a bill that reduces the amount of budget authority for direct spending provided either under current law or proposed to be provided by the bill under consideration, that Member or Senator may state the portion of such reduction achieved in the first year covered by the most recently adopted concurrent resolution on the budget and in addition the portion of such reduction achieved in the first ten years covered by the most recently adopted concurrent resolution on the budget that shall be credited to the first-year deficit reduction balance and the five-year deficit reduction balance, as applicable, if the amendment is agreed to. ``(2) Except as provided by paragraph (3), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(3) When computing the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to a bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members or Senators offering such amendments as amounts to be credited to the first year deficit reduction balance and the five-year deficit reduction balance. ``(4) The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. ``(e) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations.''. SEC. 203. CONFORMING AMENDMENT. The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new items: ``Sec. 316. Discretionary deficit reduction account. ``Sec. 317. Direct spending deficit reduction account.''. TITLE III--GENERAL FUND TRANSFERS SEC. 301. BUDGET RULE RELATING TO TRANSFERS FROM THE GENERAL FUND OF THE TREASURY TO THE HIGHWAY TRUST FUND THAT INCREASE PUBLIC INDEBTEDNESS. For purposes of the Congressional Budget Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, the Rules of the House of Representatives, or the Standing Rules of the Senate, a bill or joint resolution, or an amendment thereto or conference report thereon, or any Act that transfers funds from the general fund of the Treasury to the Highway Trust Fund shall be counted as new budget authority and outlays equal to the amount of the transfer in the fiscal year the transfer occurs. TITLE IV--BUDGETING FOR ADMINISTRATIVE ACTIONS SEC. 501. REVIEW OF RULES REQUIRING NEW BUDGET AUTHORITY. (a) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following: ``Sec. 559a. Review of rules requiring new budget authority ``(a) In General.--A rule made to carry out a direct spending program that would require new budget authority of not less than $100,000,000 for the fiscal year the rule takes effect or for any of the 9 fiscal years immediately succeeding that fiscal year may not take effect, except as provided in subsection (d). ``(b) Review by Office of Management and Budget of Proposed Rules.--Before the effective date of any rule, the Director of the Office of Management and Budget shall review the rule to determine if the rule is a rule described in subsection (a). If the Director determines that the rule is such a rule-- ``(1) the Director shall notify the agency making the rule-- ``(A) of that determination; and ``(B) the amount of the estimated new budget authority that the rule would require for the fiscal year in which the rule would take effect and the 9 fiscal years immediately succeeding that fiscal year; and ``(2) the agency may not undertake any further action pertaining to such rulemaking. ``(c) Periodic Review of Rules.--Beginning on the date that is one year after the date on which any rule takes effect, and annually thereafter, the Director of the Office of Management and Budget may make a determination as to whether the rule is a rule described in subsection (a). For purposes of this determination, the fiscal year the rule takes effect shall be deemed to be the fiscal year in which the Director makes the determination. If the Director determines that the rule is such a rule, the agency that issued the rule shall provide for a transition period of such length as the Director, in consultation with the agency, determines appropriate. At the end of that transition period, the rule shall cease to have effect. ``(d) Exceptions.--Notwithstanding any other provision of this section, a rule described in subsection (a) shall take effect or continue in effect-- ``(1) if the President submits written notice to the Congress that the President has determined that the rule should take effect or continue in effect because such rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement; or ``(2) when the new budget authority to carry out the rule is provided by law. ``(e) Treatment of Substantially Similar Rules.--A rule that does not take effect (or does not continue in effect) under this section may not be reissued in substantially the same form, and a new rule that is substantially the same as such a rule may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date that the rule fails to take effect or fails to continue in effect. ``(f) Judicial Review.--Any determination under this section shall be subject to review under chapter 7 of this title. ``(g) Definitions.--The terms `new budget authority' and `direct spending' have the meanings given such terms under section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900). ``(h) Applicability.--This section shall apply only to rules for which the rulemakings are commenced after the date of enactment of the Review Every Dollar Act of 2015.''. (b) Cost of Projected Administrative Regulations.--Section 1105(a) of title 31, United States Code, is amended-- (1) by redesignating the second paragraph (37) as paragraph (39); and (2) by adding at the end the following new paragraph: ``(40) a separate statement of the cost of administrative rules that are projected to take effect during the fiscal year for which the budget is submitted.''. (c) Clerical Amendment.--The table of sections for chapter 5 of title 5, United States Code is amended by inserting after the item relating to section 559 the following new item: ``559a. Review of rules requiring new budget authority.''.
Review Every Dollar Act of 2015 This bill prohibits Congress from considering legislation authorizing or reauthorizing a federal program for more than seven years. Congressional committees are required to consider specified criteria to determine whether direct spending programs should be modified, terminated, or reauthorized. The bill amends the Congressional Budget Act of 1974 to create deficit reduction accounts for savings from legislation intended for deficit reduction. The Chairmen of the House and Senate Budget Committees are required to adjust spending allocations to reflect balances in the accounts. This creates procedural obstacles for considering legislation that spends savings intended for deficit reduction. The bill requires transfers of funds from the general fund of the Treasury to the Highway Trust Fund to be counted as new budget authority and outlays. The bill prohibits certain rules requiring at least $100 million in new budget authority from taking effect unless: (1) the President notifies Congress that the rule is necessary for an emergency, the enforcement of criminal laws, national security, or the implementation of an international trade agreement; or (2) budget authority to carry out the rule is provided by law.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``State Witness Protection Act of 2010''. SEC. 2. PROTECTION OF STATE AND LOCAL WITNESSES. (a) In General.--Chapter 73 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1522. State and local witness tampering and retaliation ``(a) Definitions.--In this section-- ``(1) the term `State official proceeding' means a proceeding before a judge or court of a State or political subdivision thereof; and ``(2) the term `physical force' has the meaning given the term in section 1515. ``(b) Tampering and Retaliation.--It shall be unlawful, in a circumstance described in subsection (c), for a person to kill, attempt to kill, use physical force or the threat of physical force against, harass, intimidate or attempt to intimidate, or offer anything of value to, another individual, with the intent to-- ``(1) influence, delay, or prevent the testimony or attendance of any person in a State official proceeding; ``(2) prevent the production of a record, document, or other object, in a State official proceeding; ``(3) cause or induce any person to-- ``(A) withhold testimony, or withhold a record, document, or other object from a State official proceeding; ``(B) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in a State official proceeding; ``(C) evade legal process summoning that person to appear as a witness, or to produce a record, document or other object in a State official proceeding; or ``(D) be absent from a State official proceeding to which that person has been summoned by legal process; ``(4) hinder, delay, or prevent the communication by any person to a law enforcement officer or judge of a State, or political subdivision thereof, of information relating to the violation or possible violation of a law of a State or political subdivision thereof, or a violation of conditions of probation, parole, or release pending judicial proceedings; or ``(5) retaliate against any person for-- ``(A) the attendance of a witness or party at a State official proceeding, or any testimony given or any record, document, or other object produced by a witness in a State official proceeding; or ``(B) providing to a law enforcement officer any information relating to the violation or possible violation of a law of a State or political subdivision thereof, or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings. ``(c) Circumstances.--A circumstance described in this subsection is that-- ``(1) any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense; ``(2) any person travels or is transported in interstate or foreign commerce in the course of the commission of or in furtherance of the commission of the offense; or ``(3) any weapon, including a firearm, shipped or transported across State lines or in interstate or foreign commerce is used in committing or in furtherance of the commission of the offense. ``(d) Penalties.-- ``(1) In general.--Any person that violates this section-- ``(A) in the case of a killing, shall be punished as provided under sections 1111 and 1112; ``(B) in the case of an attempt to murder, or the use or attempted use of physical force against any person, shall be fined under this title, or imprisoned for not more than 30 years, or both; and ``(C) in the case of any other violation of this section, shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Exception.--If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment that may be imposed for the offense shall be the higher of-- ``(A) the penalty described in paragraph (1); or ``(B) the maximum term that could have been imposed for any offense charged in the criminal case. ``(3) Attempt and conspiracy.--Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ``(e) Affirmative Defense.--It is an affirmative defense to a prosecution under this section, which the defendant shall prove by a preponderance of the evidence, that the conduct committed by the defendant-- ``(1) consisted solely of lawful conduct; and ``(2) that the sole intention of the defendant was to encourage, induce, or cause the other person to testify truthfully. ``(f) Pending Proceeding; Evidentiary Value.--For the purposes of this section-- ``(1) a State official proceeding need not be pending or about to be instituted at the time of the offense; and ``(2) the testimony, or the record, document, or other object obstructed, tampered, or retaliated against by the defendant need not be admissible in evidence or free of a claim of privilege. ``(g) Intent.--In a prosecution for an offense under this section, the state of mind need not be proved with respect to-- ``(1) a State official proceeding before a judge, court, magistrate judge, or grand jury being before a judge or court of a State or political subdivision thereof; ``(2) a judge being a judge of a State or political subdivision thereof; or ``(3) a law enforcement officer being an officer or employee of the State or political subdivision thereof. ``(h) Venue.--A prosecution brought under this section may be brought-- ``(1) in the district in which the State official proceeding (whether or not pending or about to be instituted) was intended to be affected; or ``(2) in the district which the conduct constituting the alleged offense occurred.''. (b) Technical and Conforming Amendment.--The table of contents for chapter 73 of title 18, United States Code, is amended by adding at the end the following: ``1522. State and local witness tampering and retaliation.''. SEC. 3. SENTENCING GUIDELINES ENHANCEMENT. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to increase the guideline range for Obstruction of Justice, Sec. 2J1.2, as follows-- (1) by 2 levels if the defendant threatened or harmed 1 or more individuals on more than 1 occasion; (2) by 2 levels if the defendant accepted or paid a bribe or payoff as part of a scheme to obstruct justice; (3) by 2 levels if the defendant destroyed or caused the destruction of documents on a computer; and (4) by 6 levels if the offense resulted in substantial interference with the administration of justice.
State Witness Protection Act of 2010 - Amends the federal criminal code to impose criminal penalties on any person who kills, or attempts to kill, a witness in a state or local judicial proceeding, who uses physical force or the threat of force against such a witness, or who offers such witness anything of value with the intent to: (1) influence, delay, or prevent the testimony or attendance of such witness at a state or local judicial proceeding; (2) prevent the production of a record or document in a state or local judicial proceeding, (3) cause or induce any person to withhold testimony or evidence, destroy evidence, evade legal process, or be absent from a state or local judicial proceeding; (4) hinder, delay, or prevent any person from providing information to a state or local law enforcement officer or judge; or (5) retaliate against any person for attending a state or local judicial proceeding or providing information to a law enforcement officer. Directs the United States Sentencing Commission to amend guidelines to increase the sentencing range for obstruction of justice if such crime involved threatening, harming, or bribing a witness or the destruction of evidence.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Fairness Act of 2003''. SEC. 2. REMOVAL OF PROHIBITION ON REFINANCING CONSOLIDATION LOANS. Section 428C(a)(3) the Higher Education Act of 1965 (20 U.S.C. 1078-3(a)(3)) is amended-- (1) by striking subparagraph (B); (2) in subparagraph (C), by striking ``subparagraphs (A) and (B)'' and inserting ``subparagraph (A)''; and (3) by redesignating subparagraph (C) as subparagraph (B). SEC. 3. STUDENT LOAN BORROWER CHOICE OF LOAN CONSOLIDATOR. (a) Selection of Lender.--Section 428C(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(1)(A)) is amended by striking ``and (i) the lender holds'' and all that follows through ``selected for consolidation)''. (b) Information About Consolidation Loans.-- (1) Information from lenders.--Section 428C(b)(1) of such Act is further amended-- (A) by striking ``and'' at the end of subparagraph (E); (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following new subparagraph: ``(F) that the lender will provide to each applicant for a consolidation loan a clear and conspicuous notice, in such form as the Secretary shall prescribe, describing, in relation to the borrower's reported current loan balance and the likely interest rate estimated by the lender for the consolidation loan-- ``(i) the effects of a consolidation loan and its available repayment plans on the borrower's interest rate, the amount of his or her monthly and total payments, total interest accrued, the length of the repayment term; ``(ii) the ability of the student borrower to pre-pay loans; and ``(iii) the differences between variable and fixed interest rates; and''. (2) Information from institutions.--Section 485(b)(1)(A) of such Act (20 U.S.C. 1092(b)) is amended-- (A) by striking ``and'' at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iii) providing to the borrower of a loan made under part B, D, or E, a clear and conspicuous notice, in such form as the Secretary shall prescribe, describing the effect of using a consolidation loan to discharge the borrower's student loans, and including, with respect to a series of loan amounts ranges-- ``(I) the differences between fixed and variable interest rates; ``(II) the effects of consolidation loan and its available repayment plans on the borrower's interest rate, the amount of his or her monthly and total payments, total interest accrued, and the length of repayment term; and ``(III) the ability of the student borrower to prepay loans.''. SEC. 4. INTEREST RATES ON CONSOLIDATED AND RECONSOLIDATED LOANS. (a) Interest Rate Changes.--Section 427A of the Higher Education Act of 1965 (20 U.S.C. 1077a) is amended by striking subsections (k) and (l) and inserting the following: ``(k) Interest Rates for New Loans on or After October 1, 1998, and Before January 1, 2004.-- ``(1) In general.--Notwithstanding subsection (h) and subject to paragraph (2) of this subsection, with respect to any loan made, insured, or guaranteed under this part (other than a loan made pursuant to section 428B or 428C) for which the first disbursement is made on or after October 1, 1998, and before January 1, 2004, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(B) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(2) In school and grace period rules.--Notwithstanding subsection (h), with respect to any loan under this part (other than a loan made pursuant to section 428B or 428C) for which the first disbursement is made on or after October 1, 1998, and before January 1, 2004, the applicable rate of interest for interest which accrues-- ``(A) prior to the beginning of the repayment period of the loan; or ``(B) during the period in which principal need not be paid (whether or not such principal is in fact paid) by reason of a provision described in section 427(a)(2)(C) or 428(b)(1)(M), shall be determined under paragraph (1) by substituting `1.7 percent' for `2.3 percent'. ``(3) PLUS loans.--Notwithstanding subsection (h), with respect to any loan under section 428B for which the first disbursement is made on or after October 1, 1998, and before January 1, 2004, the applicable rate of interest shall be determined under paragraph (1)-- ``(A) by substituting `3.1 percent' for `2.3 percent'; and ``(B) by substituting `9.0 percent' for `8.25 percent'. ``(4) Consolidation loans.--With respect to any consolidation loan under section 428C for which the application is received by an eligible lender on or after October 1, 1998, and before January 1, 2004, the applicable rate of interest shall be at an annual rate on the unpaid principal balance of the loan that is equal to the lesser of-- ``(A) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of 1 percent; or ``(B) 8.25 percent. ``(5) Consultation.--The Secretary shall determine the applicable rate of interest under this subsection after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination. ``(l) Interest Rates for New Loans on or After January 1, 2004.-- ``(1) In general.--Notwithstanding subsection (h), with respect to any loan made, insured, or guaranteed under this part (other than a loan made pursuant to section 428B or 428C) for which the first disbursement is made on or after January 1, 2004, the applicable rate of interest shall, during any 12- month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(B) 2.3 percent, except that such rate shall not exceed 6.8 percent. ``(2) PLUS loans.--Notwithstanding subsection (h), with respect to any loan under section 428B for which the first disbursement is made on or after January 1, 2004, the applicable rate of interest shall be determined under paragraph (1)-- ``(A) by substituting `3.1 percent' for `2.3 percent'; and ``(B) by substituting `7.5 percent' for `6.8 percent'. ``(3) Consolidation loans.--With respect to any consolidation loan under section 428C for which the application is received by an eligible lender on or after January 1, 2004, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(B) 2.3 percent, except that such rate shall not exceed 6.8 percent.''. (b) Offsetting Origination Fees.--Section 438(c) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(c)) is amended-- (1) in paragraph (1), by inserting ``or paragraph (7)'' after ``paragraph (2)''; (2) in paragraph (2), by striking ``paragraph (8)'' and inserting ``paragraph (9)''; (3) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (4) by inserting after paragraph (6) the following new paragraph: ``(7) Consolidation loans.--With respect to any loans made under section 428C on or after January 1, 2004, each eligible lender under this part is authorized to charge the borrower an origination fee of not to exceed 0.5 percent of the principal amount of the loan. Except as provided in paragraph (9), a lender that charges an origination fee under this paragraph shall assess the same fee to all borrowers.''. (c) Special Allowance Conforming Changes.--Section 438(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)) is amended by striking ``July 1, 2006'' each place it appears in clauses (ii), (v), and (vii) of subparagraph (I), including in the headings of such clauses, and inserting ``January 1, 2004''. (d) Additional Conforming Amendments.--Section 428C(c)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(c)(1)) is amended by striking ``July 1, 2006'' each place it appears and inserting ``January 1, 2004''.
Student Loan Fairness Act of 2003 - Amends the Higher Education Act of 1965 to revise student aid requirements for consolidation loans. Repeals a prohibition against refinancing consolidation loans. Allows borrowers to select lenders of consolidation loans. Requires lenders and institutions to provide certain information on consolidation loans to applicants. Revises interest rates on consolidated and reconsolidated loans.
{"src": "billsum_train", "title": "To permit refinancing of Federal student consolidation loans, and to permit students freedom to select a student loan consolidator."}
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SECTION 1. REGULATORY REVIEW BY THE SECRETARY OF AGRICULTURE. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Agricultural entity.--The term ``agricultural entity'' means an entity that is involved in or relates to agricultural enterprise, including an enterprise that is engaged in the business of-- (A) producing food and fiber; (B) ranching and raising of livestock; (C) aquaculture; and (D) any other farming- and agriculture-related activities. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Review of Regulatory Agenda.--The Secretary shall review each notice issued by the Administrator and published in the Federal Register relating to the preparation of any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities, including-- (1) any regulatory agenda published by the Administrator under section 602 of title 5, United States Code; (2) any regulation plan or agenda published by the Administrator or the Director of the Office of Management and Budget pursuant to an Executive order, including Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); and (3) any other publication issued by the Administrator or the Director of the Office of Management and Budget that may reasonably be foreseen to contain a notice of a plan by the Administrator to prepare any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities. (c) Information Gathering.--For a publication item reviewed under subsection (b) that the Secretary determines may have a significant impact on a substantial number of agricultural entities, the Secretary shall-- (1) solicit from the Administrator any information the Administrator may provide to facilitate a review of the publication item; (2) acting through the Chief Economist of the Department of Agriculture, produce an economic impact statement for the publication item that contains a detailed estimate of potential costs to agricultural entities; (3) identify individuals representative of potentially affected agricultural entities for the purpose of obtaining advice and recommendations from those individuals about the potential impacts of the publication item; and (4) convene a review panel for analysis of the publication item that includes the Secretary, any full-time Federal employee of the Department of Agriculture appointed to the panel by the Secretary, and any employee of the Environmental Protection Agency or the Office of Information and Regulatory Affairs of the Office of Management and Budget that accepts an invitation from the Secretary to participate in the panel. (d) Duties of the Review Panel.--A review panel convened for a publication item under subsection (c)(4) shall-- (1) review any information or material obtained by the Secretary and prepared in connection with the publication item, including any draft proposed guidance, policy, memorandum, regulation, or statement of general applicability and future effect; (2) collect advice and recommendations from agricultural entity representatives identified by the Administrator after consultation with the Secretary; (3) compile and analyze the advice and recommendations; and (4) make recommendations to the Secretary based on the information gathered by the review panel or provided by agricultural entity representatives. (e) Comments.-- (1) In general.--Not later than 60 days after the date on which the Secretary convenes a review panel under subsection (c)(4), the Secretary shall submit to the Administrator comments on the planned or proposed guidance, policy, memorandum, regulation, or statement of general applicability and future effect for consideration and inclusion in any related administrative record, including-- (A) a report by the Secretary on the concerns of agricultural entities; (B) the findings of the review panel; (C) the findings of the Secretary, including any adopted findings of the review panel; and (D) recommendations of the Secretary. (2) Publication.--The Secretary shall publish the comments under paragraph (1) in the Federal Register and make the comments available to the public on the public Internet site of the Department of Agriculture. (f) Waivers.--The Secretary may waive initiation of the review panel under subsection (c)(4) as the Secretary determines appropriate.
Directs the Secretary of Agriculture (USDA) to review each notice issued by the Administrator of the Environmental Protection Agency (EPA) and published in the Federal Register relating to the preparation of any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities. Requires the Secretary, for each publication item determined to have a possible significant impact, to: (1) solicit from the EPA Administrator information to facilitate a review of the item, (2) produce an economic impact statement, (3) identify representatives of potentially affected agricultural entities to obtain advice and recommendations about the potential impacts of the item, and (4) convene a review panel that includes the Secretary to analyze the publication item. Provides procedures for submission by the Secretary of comments to the Administrator for inclusion in the administrative record and for waiver of a panel's initiation.
{"src": "billsum_train", "title": "A bill to establish a regulatory review process for rules that the Administrator of the Environmental Protection Agency plans to propose, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Marsh-Billings-Rockefeller National Historical Park Establishment Amendments Act of 2010''. SEC. 2. BOUNDARY EXPANSION. Section 3 of the Marsh-Billings-Rockefeller National Historical Park Establishment Act (16 U.S.C. 410vv-1) is amended by striking subsection (b) and inserting the following: ``(b) Boundaries; Map.-- ``(1) In general.--The park shall consist of the following: ``(A) A historic zone, including the Marsh- Billings-Rockefeller Mansion, surrounding buildings, and a portion of the area known as `Mt. Tom', comprising approximately 555 acres, as depicted on the map entitled `Marsh-Billings-Rockefeller National Historical Park Boundary Map' and dated November 19, 1991. ``(B) A protection zone, including the areas occupied by the Billings Farm and Museum, comprising approximately 88 acres, as depicted on the map entitled `Marsh-Billings-Rockefeller National Historical Park Boundary Map' and dated November 19, 1991. ``(C) The King Farm, located in Woodstock, Vermont, comprising approximately 159 acres. ``(2) Revised map.--As soon as practicable after the date of enactment of the Marsh-Billings-Rockefeller National Historical Park Establishment Amendments Act of 2010, the Secretary shall prepare a revised map of the park that reflects the inclusion of the land described in paragraph (1)(C). ``(3) Availability of maps.--The maps described in paragraph (1) and prepared under paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service.''. SEC. 3. ACQUISITION OF LAND. Section 4 of the Marsh-Billings-Rockefeller National Historical Park Establishment Act (16 U.S.C. 410vv-2) is amended-- (1) in subsection (b)-- (A) by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the Secretary may acquire land or an interest in land within the boundary of the park by donation, purchase with donated or appropriated funds, condemnation, transfer from any Federal agency, or exchange. ``(2) Exception.--Any land or interest in land owned by the State of Vermont or a political subdivision of the State may be acquired only by donation.''; and (B) in the first sentence of paragraph (3), by striking ``(3) The Secretary may'' and inserting the following: ``(3) Commercial operations.--The Secretary may''; and (2) by adding at the end the following: ``(e) King Farm.--On acquisition by the Secretary of the land described in section 3(b)(1)(C)-- ``(1) the acquired land shall be added to and administered as part of the park; ``(2) the acquired land shall be used for-- ``(A) agricultural and forestry purposes, including the growing and harvesting of crops and trees, animal husbandry, and other agricultural operations customary in the State of Vermont; ``(B) conservation purposes in a manner that preserves the acquired land in the condition in which the acquired land is in on the date of enactment of this subsection, with an emphasis on preserving existing open fields; and ``(C) educational purposes relating to agriculture, forestry, and conservation activities, including the study of natural history; ``(3) the Secretary may-- ``(A) enter into leases for the use of the acquired land and any buildings on the acquired land if the Secretary determines that the use-- ``(i) is consistent with the purposes of this Act; and ``(ii) would contribute to the management and programs of the park, including accommodating public use and education programs; ``(B) repair, replace, or improve any buildings and structures on the acquired land; and ``(C) construct new buildings or structures on the acquired land if the Secretary determines that the construction-- ``(i) is necessary for the purposes described in paragraph (2); and ``(ii) would be consistent with agricultural buildings in existence on the date of enactment of this subsection.''. SEC. 4. COOPERATIVE AGREEMENTS. Section 6 of the Marsh-Billings-Rockefeller National Historical Park Establishment Act (16 U.S.C. 410vv-4) is amended by striking subsection (a) and inserting the following: ``(a) In General.--Notwithstanding any other provision of law, the Secretary may enter into cooperative agreements with any person or entity that the Secretary determines to be appropriate for the public benefit and purpose of the park and Institute programs and activities, including facility and landscape rehabilitation and preservation, recreation, planning, research, evaluation, interpretation, education, and management.''. SEC. 5. ENDOWMENT; DONATIONS; CONSERVATION STUDY INSTITUTE. Section 7 of the Marsh-Billings-Rockefeller National Historical Park Establishment Act (16 U.S.C. 410vv-5) is amended to read as follows: ``SEC. 7. ENDOWMENT; DONATIONS; CONSERVATION STUDY INSTITUTE. ``(a) Endowment.-- ``(1) In general.--In accordance with paragraph (2), the Secretary may receive and expend funds from-- ``(A) an endowment to be established with the Woodstock Foundation (including successors and assigns of the Foundation) (referred to in this Act as the `Foundation'); and ``(B) an endowment to be established for the King Farm with the Vermont Land Trust (including successors and assigns of the Trust) (referred to in this Act as the `Trust'). ``(2) Conditions.-- ``(A) Authorized uses.--Amounts from the endowments referred to in paragraph (1) shall be expended exclusively as the Foundation or Trust, as applicable, in consultation with the Secretary, may designate for-- ``(i) with respect to the Foundation, the preservation and maintenance of the Marsh- Billings-Rockefeller Mansion and any property adjacent to the Mansion; and ``(ii) with respect to the Trust, the preservation and maintenance of King Farm and associated agriculture, forestry, and conservation education programs. ``(B) Limitation on use of funds.--No expenditure shall be made under this subsection unless the Secretary determines that the expenditure is consistent with the purposes of this Act. ``(b) Donations.--The Secretary may accept donations of funds, property, or services to carry out this Act. ``(c) Conservation Study Institute.-- ``(1) In general.--The Secretary, in collaboration with the University of Vermont, may establish at the park a National Park Service Conservation Study Institute (referred to in this Act as the `Institute'). ``(2) Purpose.--The purposes of the Institute are-- ``(A) to create opportunities within the National Park Service to identify and share innovation through research, evaluation, and dialogue; and ``(B) to identify and exchange best practices and enhance leadership capacity in the field of conservation.''. SEC. 6. MANAGEMENT PLAN. Section 9 of the Marsh-Billings-Rockefeller National Historical Park Establishment Act (16 U.S.C. 410vv-7) is amended-- (1) by striking ``Not later than'' and inserting the following: ``(a) In General.--Not later than''; and (2) by adding at the end the following: ``(b) Revisions.--Not later than 3 complete fiscal years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a revised general management plan for the park.''.
Marsh-Billings-Rockefeller National Historical Park Establishment Amendments Act of 2010 - Amends the Marsh-Billings-Rockefeller National Historical Park Establishment Act to expand the boundary of the Marsh-Billings-Rockefeller National Historical Park in Vermont to include the King Farm in Woodstock, Vermont. Requires King Farm to be added to, and administered as part of, the Park and to be used for agricultural, forestry, conservation, and educational purposes.
{"src": "billsum_train", "title": "A bill to amend the Marsh-Billings-Rockefeller National Historical Park Establishment Act to expand the boundary of the Marsh-Billings-Rockefeller National Historical Park in the State of Vermont, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mine Communications Technology Innovation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The failure of miner tracking and communications devices or lack thereof in mines severely hampers rescue efforts in the event of emergencies. (2) Mines, particularly underground mines, have properties that present unique technical challenges for the integration of currently available tracking and communications systems. These properties include the lack of a clear path or open air which is required for radio signals and WiFi. Additionally, because coal is an absorptive material, less than 10 percent of the radio spectrum that is used above ground can be used underground. A fraction of that (only about 1 percent) radio spectrum is actually allocated for commercial communications purposes. As a consequence, the availability of miner communication equipment is severely limited. (3) Research and experience have shown that communications and tracking systems may not work equally well in every mine or in every emergency situation, and therefore several different systems may be necessary for development and integration. (4) Because of the serious challenges of the mine environment and the limited market provided by the mining industry, much needed technology has not yet been developed by the private sector or is not commercially available in the United States. (5) Furthermore, due to the regulatory structure of the industry and the lengthy approval process for mine tracking and communications systems, research must be accelerated so that next generation technology can be quickly and efficiently integrated into mines to protect the safety of miners. (6) The National Institute of Standards and Technology is well positioned to help accelerate the development of mining tracking and communications technology. The National Institute of Standards and Technology has a long history of working in conjunction with industry to invest in longer-term, high-risk research which yields national benefits far beyond private payoff. Further, the National Institute of Standards and Technology builds partnerships with industry to leverage existing research and development to drive next generation technology. (7) The National Institute of Standards and Technology is well-positioned to accelerate development of consensus mining communications standards given the extensive work that the organization has done in the field of emergency communications to develop standards and technologies for interoperable wireless telecommunications and information systems. (8) In developing such standards, the National Institute of Standards and Technology should work in cooperation with the National Institute for Occupational Safety and Health and the Mine Safety and Health Administration, and other relevant public and private stakeholders, to build on existing technology and knowledge regarding mine communications systems. SEC. 3. MINE COMMUNICATIONS AND TRACKING RESEARCH AND DEVELOPMENT PROGRAM AUTHORIZATION. (a) Establishment.--The Director of the National Institute of Standards and Technology shall provide for the establishment of a program of research, development, and demonstration that includes the establishment of best practices, adaptation of existing technology, and efforts to accelerate the development of next generation technology and tracking systems for mine communications. (b) Coordination.--In carrying out this section, the Director shall coordinate with relevant Federal agencies and industry to evaluate areas of research and development and best practices that will be most promising in protecting miner safety. (c) Optional Focus.--In establishing this program, the Director may focus on the following communications and tracking system characteristics: (1) Systems that are likely to work in emergency situations. (2) Systems that work in coal mines, with special attention paid to deep underground coal mines. (3) Systems that provide coverage throughout all areas of the mine. (4) Hybrid systems that use both wireless and infrastructure based systems. (5) Functionality for 2-way and voice communications. (6) Systems that serve emergency and routine communications needs. (7) The ability to work with existing legacy systems and to be quickly integrated. (8) Propagation environment characterization, performance metrics, and independently derived validation tests to verify performance for standards development. SEC. 4. STANDARDS REGARDING UNDERGROUND COMMUNICATIONS. Consistent with Office of Management and Budget Circular A-119, the Director of the National Institute of Standards and Technology shall work with industry and relevant Federal agencies to develop consensus industry standards for communications in underground mines. The Director shall also develop and provide any needed measurement services to support implementation of these standards. In their efforts to help develop these standards and related measurement services, the following issues should be addressed: (1) The appropriate use of frequency bands and power levels. (2) Matters related to interoperability of systems, applications, and devices. (3) Technology to prevent interference. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director of the National Institute of Standards and Technology such sums as are necessary for carrying out this Act for fiscal years 2009 and 2010, to be derived from amounts authorized under section 3001 of the America COMPETES Act.
Mine Communications Technology Innovation Act - Requires the Director of the National Institute of Standards and Technology to establish a program of research, development, and demonstration that includes the establishment of best practices, adaptation of existing technology, and efforts to accelerate the development of next generation technology and tracking systems for mine communications. Requires the Director to coordinate with federal agencies and industry to evaluate areas of research and development and best practices that will be most promising in protecting miner safety. Authorizes the Director, in establishing the program, to focus on the following communications and tracking system characteristics: (1) systems that are likely to work in emergency situations; (2) systems that work in coal mines, with special attention paid to deep underground coal mines; (3) systems that provide coverage throughout all areas of the mine; (4) hybrid systems that use both wireless and infrastructure-based systems; (5) functionality for two-way and voice communications; (6) systems that serve emergency and routine communications needs; (7) the ability to work with existing legacy systems and to be quickly integrated; and (8) propagation environment characterization, performance metrics, and independently derived validation tests to verify performance for standards development. Requires the Director to: (1) work with industry and federal agencies to develop consensus industry standards for communications in underground mines; and (2) develop and provide measurement services needed to support implementation of such standards, which should address the appropriate use of frequency bands and power levels, matters related to interoperability, and technology to prevent interference.
{"src": "billsum_train", "title": "A bill to require the Director of the National Institute of Standards and Technology to establish an initiative to promote the research, development, and demonstration of miner tracking and communications systems and to promote the establishment of standards and other measurement services regarding underground communications to protect miners in the United States."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Compensation Amendments of 1993''. SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. (a) General Rule.--Sections 102(f)(1) and 106(a)(2) of the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) are each amended by striking ``October 2, 1993'' and inserting ``February 5, 1994''. (b) Weeks of Benefits Available During Extension.-- (1) Subparagraph (A) of section 102(b)(2) of such Act is amended-- (A) by redesignating clause (vi) as clause (vii), (B) by inserting after clause (v) the following new clause: ``(vi) Reduction of weeks after october 2, 1993.--In the case of weeks beginning after October 2, 1993-- ``(I) clause (i) of this subparagraph shall be applied by substituting `13' for `33' and by substituting `7' for `26', ``(II) clauses (ii), (iii), (iv), and (v) of this subparagraph shall not apply, and ``(III) subparagraph A of paragraph (1) shall be applied by substituting `50 percent' for `130 percent'.'', and (C) by striking ``or (iv)'' in clause (vii) (as redesignated by subparagraph (A)) and inserting ``(iv), or (vi)''. (2) Subparagraph (B) of section 102(b)(2) of such Act is amended by striking ``and (iv)'' and inserting ``(iv) and (vi)''. (c) Modification of Final Phase-Out.--Paragraph (2) of section 102(f) of such Act is amended-- (1) by striking ``October 2, 1993'' and inserting ``February 5, 1994'', and (2) by striking ``January 15, 1994'' and inserting ``April 30, 1994''. (d) Conforming Amendments.--Section 101(e) of such Act is amended-- (1) by striking ``October 2, 1993'' each place it appears in paragraph (1) and inserting ``February 5, 1994'', and (2) by striking ``(and is not triggered off under paragraph (1))'' in paragraph (2) and inserting ``after February 5, 1994,''. (e) Effective Date.--The amendments made by this section shall apply to weeks of unemployment beginning after October 2, 1993. SEC. 3. MODIFICATION TO ELIGIBILITY REQUIREMENTS FOR EMERGENCY UNEMPLOYMENT COMPENSATION. (a) Repeal of Disregard of Rights to Regular Compensation.-- Subsection (f) of section 101 of the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) is hereby repealed. (b) Effective Date.--The repeal made by subsection (a) shall apply to weeks of unemployment beginning after the date of the enactment of this Act; except that such repeal shall not apply in determining eligibility for emergency unemployment compensation from an account established before October 2, 1993. SEC. 4. WORKER PROFILING. (a) In General.-- (1) Establishment of profiling system.--Section 303 of the Social Security Act is amended by adding at the end thereof the following new subsection: ``(j)(1) The State agency charged with the administration of the State law shall establish and utilize a system of profiling all new claimants for regular compensation that-- ``(A) identifies which claimants will be likely to exhaust regular compensation and will need job search assistance services to make a successful transition to new employment; ``(B) refers claimants identified pursuant to subparagraph (A) to reemployment services, such as job search assistance services, available under any State or Federal law; ``(C) collects follow-up information relating to the services received by such claimants and the employment outcomes for such claimants subsequent to receiving such services and utilizes such information in making identifications pursuant to subparagraph (A); and ``(D) meets such other requirements as the Secretary of Labor determines are appropriate. ``(2) Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until he is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such State.''. (2) Conforming amendment.--Section 304(a)(2) of the Social Security Act is amended by striking ``or (i)'' and inserting ``(i), or (j)''. (b) Participation Requirement.--Section 303(a) of the Social Security Act is amended-- (1) by striking the period at the end of paragraph (9) and inserting ``; and'', and (2) by adding at the end thereof the following new paragraph: ``(10) A requirement that, as a condition of eligibility for regular compensation for any week, any claimant who has been referred to reemployment services pursuant to the profiling system under subsection (j)(1)(B) participate in such services or in similar services unless the State agency charged with the administration of the State law determines-- ``(A) such claimant has completed such services; or ``(B) there is justifiable cause for such claimant's failure to participate in such services.''. (c) Technical Assistance.--The Secretary of Labor shall provide technical assistance and advice to assist the States in implementing the profiling system required under the amendments made by subsection (a). Such assistance shall include the development and identification of model profiling systems. (d) Report to Congress.--Not later than the date 3 years after the date of enactment of this Act, the Secretary of Labor shall report to the Congress on the operation and effectiveness of the profiling system required under the amendments made by subsection (a) and the participation requirement provided by the amendments made under subsection (b). Such report shall include such recommendations as the Secretary of Labor determines are appropriate. (e) Conforming Amendment.--Section 4 of the Emergency Unemployment Compensation Amendments of 1993 (Public Law 103-6) is hereby repealed. (f) Effective Dates.-- (1) The amendments made by subsections (a) and (b) shall take effect on the date one year after the date of the enactment of this Act. (2) The provisions of subsections (c), (d), and (e) shall take effect on the date of enactment of this Act. SEC. 5. TECHNICAL AMENDMENT TO UNEMPLOYMENT TRUST FUND. Paragraph (1) of section 905(b) of the Social Security Act is amended to read as follows: ``(b)(1) Except as provided in paragraph (3), the Secretary of the Treasury shall transfer (as of the close of each month) from the employment security administration account to the extended unemployment compensation account established by subsection (a), an amount (determined by such Secretary) equal to 20 percent of the amount by which-- ``(A) the transfers to the employment security administration account pursuant to section 901(b)(2) during such month, exceed ``(B) the payments during such month from the employment security administration account pursuant to section 901 (b)(3) and (d). If for any such month the payments referred to in subparagraph (B) exceed the transfers referred to in subparagraph (A), proper adjustments shall be made in the amounts subsequently transferred.'' SEC. 6. EXTENSION OF REPORTING DATE FOR ADVISORY COUNCIL. Section 908(f) of the Social Security Act is amended-- (1) in paragraph (1), by striking ``2d year'' and inserting ``third year''; and (2) in paragraph (2), by striking ``February 1, 1994'' and inserting ``February 1, 1995''. SEC. 7. TEMPORARY INCREASE IN SPONSORSHIP PERIOD FOR ALIENS UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM. (a) Increase in Sponsorship Period.-- (1) In general.--Section 1621 of the Social Security Act (42 U.S.C. 1382j) is amended by striking ``three years'' each place such term appears and inserting ``5 years''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 1994. (b) Reinstatement of Prior Law.-- (1) In general.--Section 1621 of the Social Security Act (42 U.S.C. 1382j), as amended by subsection (a)(1) of this section, is amended by striking ``5 years'' each place such term appears and inserting ``3 years''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on October 1, 1996. SEC. 8. TREATMENT OF RAILROAD WORKERS. (a) Extension of Program.-- (1) In general.--Paragraphs (1) and (2) of section 501(b) of the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) are each amended by striking ``October 2, 1993'' and inserting ``January 1, 1994''. (2) Conforming amendment.--Section 501(a) of such Act is amended by striking ``October 1993'' and inserting ``January 1994''. (b) Length of Benefits During Period of Extension.--Section 501(d)(2)(B)(ii) of such Act is amended by striking ``on and after the date on which a reduction in benefits is imposed under section 102(b)(2)(A)(iv)'' and inserting ``after October 2, 1993''. (c) Termination of Benefits.--Section 501(e) of such Act is amended-- (1) by striking ``October 2, 1993'' and inserting ``January 1, 1994'', and (2) by striking ``January 15, 1994'' and inserting ``March 26, 1994''. SEC. 9. EFFECTIVE DATES. (a) Repeal of Disregard of Rights to Regular Compensation.-- Notwithstanding the provisions of section 3(b) of this Act, the repeal made by section 3(a) of this Act shall apply to weeks of unemployment beginning after October 2, 1993, except that such repeal shall not apply in determining eligibility for emergency unemployment compensation from an account established before October 3, 1993. (b) Railroad Workers.-- (1) In general.--Paragraphs (1) and (2) of section 501(b) of the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended), as amended by section 8(a)(1) of this Act, are each amended by striking ``January 1, 1994'' and inserting ``February 5, 1994''. (2) Conforming amendment.--Section 501(a) of such Emergency Unemployment Compensation Act of 1991, as amended by section 8(a)(2) of this Act, is amended by striking ``January 1994'' and inserting ``February 1994''. (3) Termination of benefits.--Section 501(e) of such Emergency Unemployment Compensation Act of 1991, as amended by section 8(c) of this Act, is amended-- (A) by striking ``January 1, 1994'' and inserting ``February 5, 1994'', and (B) by striking ``March 26, 1994'' and inserting ``April 30, 1994''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Unemployment Compensation Amendments of 1993 - Amends the Emergency Unemployment Compensation Act of 1991 to extend to February 5, 1994, the authorization for new claims for benefits under the emergency unemployment compensation (EUC) program. Reduces the number of benefit weeks available during such extended period after October 2, 1993, to seven or 13, as applicable. Modifies the final phase-out period for continuation of claims. Repeals provisions which allow certain claimants who have exhausted benefits to choose EUC benefits in lieu of regular State benefits at the beginning of a new benefit year. Amends the Social Security Act to require the State agency administering the State unemployment law to establish and use a system of worker profiling of all new claimants for regular compensation to: (1) identify which claimants will be likely to exhaust regular compensation and will need job search assistance services; (2) refer identified claimants to reemployment services available under State or Federal law; and (3) collect follow-up information on such services and employment outcomes. Directs the Secretary of Labor to report to the Congress on such profiling system. Makes a technical amendment to Unemployment Trust Fund provisions. Extends a reporting date for an advisory council on unemployment compensation. Provides for a temporary increase in the sponsorship period for aliens under the supplemental security income program. Provides for an extension of the program of emergency unemployment compensation benefits for railroad workers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Magnitsky Human Rights Accountability Act''. SEC. 2. DEFINITIONS. In this Act: (1) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (2) Person.--The term ``person'' means an individual or entity. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS. (a) In General.--The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence-- (1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country who seek-- (A) to expose illegal activity carried out by government officials; or (B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); (3) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or (4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (3). (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Inadmissibility to united states.--In the case of a foreign person who is an individual-- (A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or (B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation. (2) Blocking of property.-- (A) In general.--The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inapplicability of national emergency requirement.--The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section. (C) Exception relating to importation of goods.-- (i) In general.--The authority to block and prohibit all transactions in all property and interests in property under subparagraph (A) shall not include the authority to impose sanctions on the importation of goods. (ii) Good.--In this subparagraph, the term ``good'' has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). (c) Consideration of Certain Information in Imposing Sanctions.--In determining whether to impose sanctions under subsection (a), the President shall consider-- (1) information provided by the chairperson and ranking member of each of the appropriate congressional committees; and (2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (d) Requests by Chairperson and Ranking Member of Appropriate Congressional Committees.--Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall-- (1) determine if that person has engaged in such an activity; and (2) submit a report to the chairperson and ranking member of that committee with respect to that determination that includes-- (A) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and (B) if the President imposed or intends to impose sanctions, a description of those sanctions. (e) Exception To Comply With United Nations Headquarters Agreement and Law Enforcement Objectives.--Sanctions under subsection (b)(1) shall not apply to an individual if admitting the individual into the United States would further important law enforcement objectives or is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (f) Enforcement of Blocking of Property.--A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out subsection (b)(2) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (g) Termination of Sanctions.--The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that-- (1) credible information exists that the person did not engage in the activity for which sanctions were imposed; (2) the person has been prosecuted appropriately for the activity for which sanctions were imposed; (3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or (4) the termination of the sanctions is in the vital national security interests of the United States. (h) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (i) Identification of Sanctionable Foreign Persons.--The Assistant Secretary of State for Democracy, Human Rights, and Labor, in consultation with the Assistant Secretary of State for Consular Affairs and other bureaus of the Department of State, as appropriate, is authorized to submit to the Secretary of State, for review and consideration, the names of foreign persons who may meet the criteria described in subsection (a). (j) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (2) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. SEC. 4. REPORTS TO CONGRESS. (a) In General.--The President shall submit to the appropriate congressional committees, in accordance with subsection (b), a report that includes-- (1) a list of each foreign person with respect to which the President imposed sanctions pursuant to section 3 during the year preceding the submission of the report; (2) a description of the type of sanctions imposed with respect to each such person; (3) the number of foreign persons with respect to which the President-- (A) imposed sanctions under section 3(a) during that year; and (B) terminated sanctions under section 3(g) during that year; (4) the dates on which such sanctions were imposed or terminated, as the case may be; (5) the reasons for imposing or terminating such sanctions; and (6) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by section 3. (b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. (2) Subsequent reports.-- (A) In general.--The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (i) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and (ii) each calendar year thereafter. (B) Congressional statement.--Congress notes that December 10 of each calendar year has been recognized in the United States and internationally since 1950 as ``Human Rights Day''. (c) Form of Report.-- (1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and (C) not later than 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including the name in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in section 3(a). (d) Public Availability.-- (1) In general.--The unclassified portion of the report required by subsection (a) shall be made available to the public, including through publication in the Federal Register. (2) Nonapplicability of confidentiality requirement with respect to visa records.--The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and (2) the Committee on Appropriations, the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives. Passed the Senate December 17, 2015. Attest: JULIE E. ADAMS, Secretary.
Global Magnitsky Human Rights Accountability Act (Sec. 3) This bill authorizes the President to impose U.S. entry and property sanctions against any foreign person (or entity) who: is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country seeking to expose illegal activity carried out by government officials, or to obtain, exercise, or promote human rights and freedoms; acted as an agent of or on behalf of a foreign person in such activities; is a government official or senior associate of such official responsible for, or complicit in, ordering or otherwise directing acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or has materially assisted or provided financial, material, or technological support for, or goods or services in support of, such activities. The authority to block and prohibit transactions in property and property interests shall not include the authority to impose sanctions on the importation of goods (any article, natural or man made substance, material, supply or manufactured product, including inspection and test equipment, excluding technical data). The President shall, after receiving a request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in a prohibited activity: determine if the person has engaged in such an activity; and report to the chairperson and ranking member whether or not the President imposed or intends to impose specified sanctions against the person. Sanctions shall not apply to an individual as necessary for law enforcement purposes, or to comply with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters or other applicable international obligations of the United States. The President may terminate sanctions under specified conditions. The Assistant Secretary of State for Democracy, Human Rights, and Labor may submit to the Department of State the names of foreign persons who may meet the sanctions criteria. (Sec. 4) The President shall report to Congress annually regarding each foreign person sanctioned, the type of sanctions imposed, and the reason for their imposition.
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