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SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Dispute Resolution and Settlement Encouragement Act''. SEC. 2. ARBITRATION IN DISTRICT COURTS. (a) Authorization of Appropriations.--Section 905 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 651 note) is amended in the first sentence by striking ``for each of the fiscal years 1994 through 1997''. (b) Arbitration To Be Ordered in All District Courts.-- (1) Authorization of arbitration.--Section 651(a) of title 28, United States Code, is amended to read as follows: ``(a) Authority.--Each United States district court shall authorize by local rule the use of arbitration in civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter.''. (2) Actions referred to arbitration.--Section 652(a) of title 28, United States Code, is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A) by striking ``and section 901(c)'' and all that follows through ``651'' and inserting ``a district court''; and (ii) in subparagraph (B) by striking ``$100,000'' and inserting ``$150,000''; and (B) in paragraph (2) by striking ``$100,000'' and inserting ``$150,000''. (3) Certification of arbitrators.--Section 656(a) of title 28, United States Code, is amended by striking ``listed in section 658''. (4) Removal of limitation.--Section 658 of title 28, United States Code, and the item relating to such section in the table of sections at the beginning of chapter 44 of title 28, United States Code, are repealed. (c) Conforming Amendment.--Section 901 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 652 note) is amended by striking subsection (c). SEC. 3. AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES IN FEDERAL CIVIL DIVERSITY LITIGATION AFTER AN OFFER OF SETTLEMENT. Section 1332 of title 28, United States Code, is amended by adding at the end the following: ``(e)(1) In any action over which the court has jurisdiction under this section, any party may, at any time not less than 10 days before trial, serve upon any adverse party a written offer to settle a claim or claims for money or property or to the effect specified in the offer, including a motion to dismiss all claims, and to enter into a stipulation dismissing the claim or claims or allowing judgment to be entered according to the terms of the offer. Any such offer, together with proof of service thereof, shall be filed with the clerk of the court. ``(2) If the party receiving an offer under paragraph (1) serves written notice on the offeror that the offer is accepted, either party may then file with the clerk of the court the notice of acceptance, together with proof of service thereof. ``(3) The fact that an offer under paragraph (1) is made but not accepted does not preclude a subsequent offer under paragraph (1). Evidence of an offer is not admissible for any purpose except in proceedings to enforce a settlement, or to determine costs and expenses under this subsection. ``(4) At any time before judgment is entered, the court, upon its own motion or upon the motion of any party, may exempt from this subsection any claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. If a claim is exempted from this subsection, all offers made by any party under paragraph (1) with respect to that claim shall be void and have no effect. ``(5) If all offers made by a party under paragraph (1) with respect to a claim or claims, including any motion to dismiss all claims, are not accepted and the judgment, verdict, or order finally issued (exclusive of costs, expenses, and attorneys' fees incurred after judgment or trial) in the action under this section is not more favorable to the offeree with respect to the claim or claims than the last such offer, the offeror may file with the court, within 10 days after the final judgment, verdict, or order is issued, a petition for payment of costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last such offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made. ``(6) If the court finds, pursuant to a petition filed under paragraph (5) with respect to a claim or claims, that the judgment, verdict, or order finally obtained is not more favorable to the offeree with respect to the claim or claims than the last offer, the court shall order the offeree to pay the offeror's costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made, unless the court finds that requiring the payment of such costs and expenses would be manifestly unjust. ``(7) Attorney's fees under paragraph (6) shall be a reasonable attorney's fee attributable to the claim or claims involved, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, except that the attorney's fees under paragraph (6) may not exceed-- ``(A) the actual cost incurred by the offeree for an attorney's fee payable to an attorney for services in connection with the claim or claims; or ``(B) if no such cost was incurred by the offeree due to a contingency fee agreement, a reasonable cost that would have been incurred by the offeree for an attorney's noncontingent fee payable to an attorney for services in connection with the claim or claims. ``(8) This subsection does not apply to any claim seeking an equitable remedy.''. SEC. 4. RELIABILITY OF EVIDENCE. Rule 702 of the Federal Rules of Evidence (28 U.S.C. App.) is amended-- (1) by inserting ``(a) In general.--'' before ``If'', and (2) by adding at the end the following: ``(b) Adequate basis for opinion.--Testimony in the form of an opinion by a witness that is based on scientific knowledge shall be inadmissible in evidence unless the court determines that such opinion-- ``(1) is scientifically valid and reliable; ``(2) has a valid scientific connection to the fact it is offered to prove; and ``(3) is sufficiently reliable so that the probative value of such evidence outweighs the dangers specified in rule 403. ``(c) Disqualification.--Testimony by a witness who is qualified as described in subdivision (a) is inadmissible in evidence if the witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which the testimony is offered. ``(d) Scope.--Subdivision (b) does not apply to criminal proceedings.''. SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Section 2.--The amendments made by section 2 shall take effect on the date of the enactment of this Act. (b) Sections 3 and 4.-- (1) In general.--Subject to paragraph (2), the amendments made by sections 3 and 4 shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act. (2) Application of amendments.--(A) The amendment made by section 3 shall apply only with respect to civil actions commenced after the effective date set forth in paragraph (1). (B) The amendments made by section 4 shall apply only with respect to cases in which a trial begins after the effective date set forth in paragraph (1).
Alternative Dispute Resolution and Settlement Encouragement Act - Amends the Judicial Improvements and Access to Justice Act with respect to Federal district court arbitration programs to: (1) authorize permanent appropriations; (2) require all district courts to establish by local rule such programs for civil and bankruptcy actions; and (3) increase the monetary ceiling of actions that courts may require to be arbitrated. (Sec. 3) Amends the Federal judicial code to set forth an offer of settlement procedure in Federal civil diversity litigation. (Sec. 4) Amends rule 702 of the Federal Rules of Evidence to: (1) establish a standard for the admissibility of expert scientific testimony; and (2) make such testimony inadmissible if the witness is entitled to any compensation based upon the legal disposition of any claim related to such testimony.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Steps for Credit Availability Act''. SEC. 2. AMENDMENTS TO PERMIT BUSINESS DEVELOPMENT COMPANIES TO OWN INVESTMENT ADVISERS. Section 60 of the Investment Company Act of 1940 (15 U.S.C. 80a-59) is amended by striking ``except that the Commission shall not'' and inserting the following: ``except that-- ``(1) section 12 shall not apply to the purchasing, otherwise acquiring, or holding by a business development company of any security issued by, or any other interest in the business of, any person who is an investment adviser registered under title II of this Act or who is an investment adviser to an investment company; and ``(2) the Commission shall not''. SEC. 3. AMENDMENTS TO EXPAND ACCESS TO CAPITAL FOR BUSINESS DEVELOPMENT COMPANIES. Section 61(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 60(a)) is amended-- (1) in paragraph (1), by striking ``200'' and inserting ``150''; (2) in paragraph (2), by inserting ``or which is a stock'' after ``indebtedness''; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) Section 18(a)(2) shall not apply to a business development company.''. SEC. 4. PARITY FOR BUSINESS DEVELOPMENT COMPANIES REGARDING OFFERING RULES. (a) Revision to Rules.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall revise any rules (or any successor rules) to the extent necessary to allow a business development company that has filed an election pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a-60(a)) to use the securities offering rules that are available to other issuers that are required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934 (Public Law 73- 404; 48 Stat. 881). Any action that the Commission takes pursuant to this subsection shall include the following: (1) The Commission shall revise rule 405 under the Securities Act of 1933 (17 C.F.R. 230.405)-- (A) to remove the exclusion of a business development company from the definition of a well-known seasoned issuer provided by that rule; and (B) to add registration statements filed on Form N- 2 to the definition of ``automatic shelf registration statement'' provided by that rule. (2) The Commission shall revise rules 168 and 169 under the Securities Act of 1933 (17 C.F.R. 230.168 and 230.169) to remove the exclusion of a business development company from an issuer that can use the exemptions provided by those rules. (3) The Commission shall revise rules 163 and 163A under the Securities Act of 1933 (17 C.F.R. 230.163 and 230.163A) to remove a business development company from the list of issuers that are ineligible to use the exemptions provided by those rules. (4) The Commission shall revise rule 134 under the Securities Act of 1933 (17 C.F.R. 230.134) to remove the exclusion of a business development company from that rule. (5) The Commission shall revise rules 138 and 139 under the Securities Act of 1933 (17 C.F.R. 230.138 and 230.139) to specifically include a business development company as an issuer to which those rules apply. (6) The Commission shall revise rule 164 under the Securities Act of 1933 (17 C.F.R. 230.164) to remove a business development company from the list of issuers that are excluded from that rule. (7) The Commission shall revise rule 433 under the Securities Act of 1933 (17 C.F.R. 230.433) to specifically include a business development company that is a well-known seasoned issuer as an issuer to which that rule applies. (8) The Commission shall revise rule 415 under the Securities Act of 1933 (17 C.F.R. 230.415)-- (A) to state that the registration for securities provided by that rule includes securities registered by a business development company on Form N-2; and (B) to provide an exception for a business development company from the requirement that a Form N- 2 registrant must furnish the undertakings required by item 34.4 of Form N-2. (9) The Commission shall revise rule 497 under the Securities Act of 1933 (17 C.F.R. 230.497) to include a process for a business development company to file a form of prospectus that is parallel to the process for filing a form of prospectus under rule 424(b). (10) The Commission shall revise rules 172 and 173 under the Securities Act of 1933 (17 C.F.R. 230.172 and 230.173) to remove the exclusion of an offering of a business development company from those rules. (b) Revision to Form N-2.--The Commission shall revise Form N-2-- (1) to include an item or instruction that is similar to item 12 on Form S-3 to provide that a business development company that meets the requirements of Form S-3 shall incorporate by reference its reports and documents filed under the Securities Exchange Act of 1934 into its registration statement filed on Form N-2; and (2) to include an instruction (that is similar to the instruction regarding automatic shelf offerings by well-known seasoned issuers on Form S-3) to provide that a business development company that is a well-known seasoned issuer may file automatic shelf offerings on Form N-2 (or any successor form).
Next Steps for Credit Availability Act - Amends the Investment Company Act of 1940 to allow a business development company (BDC) to own or acquire securities or other interests in the business of a registered investment adviser or adviser to an investment company. Reduces from 200% to 150% the asset coverage requirements applicable to BDCs. Allows a BDC to issue stock. Directs the Securities and Exchange Commission (SEC) to revise various rules under the Securities Act of 1933 and to revise forms as necessary to allow a BDC to use security offering rules available to other issuers that are required to file security issuance reports under the Securities Exchange Act of 1934.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Caribbean Basin Trade Enhancement Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--CENTER FOR CARIBBEAN BASIN TRADE Sec. 101. Findings. Sec. 102. Establishment. Sec. 103. Activities. Sec. 104. Administrative provisions. Sec. 105. Sense of Congress. TITLE II--CARIBBEAN BASIN SKILLS-BASED TRAINING PROGRAM Sec. 201. Findings. Sec. 202. Establishment. Sec. 203. Activities. Sec. 204. Sense of Congress. TITLE III--GENERAL PROVISIONS Sec. 301. Report. Sec. 302. Definitions. Sec. 303. Authorization of appropriations. TITLE I--CENTER FOR CARIBBEAN BASIN TRADE SEC. 101. FINDINGS. Congress finds the following: (1) Increased globalization and economic integration are requiring countries throughout the world to rethink their competitiveness strategies and to take affirmative steps to improve their trade capacities. (2) Countries of the Caribbean Basin can benefit from assistance to improve their trade capacities. (3) The Organization of American States (OAS) has relevant experience in developing trade capacity initiatives and programs of countries of the Western Hemisphere. In particular, the Office for Trade, Growth and Competitiveness of the OAS has successfully trained trade negotiators, particularly within the context of negotiations to conclude a Free Trade Area of the Americas (FTAA). SEC. 102. ESTABLISHMENT. The Secretary of State is authorized to make a voluntary contribution on a grant basis to the Organization of American States to establish a Center for Caribbean Basin Trade (hereinafter in this title referred to as the ``Center'') in accordance with the provisions of this title. SEC. 103. ACTIVITIES. The Center shall carry out the following activities: (1) Provide government officials of Caribbean Basin countries, including trade negotiators, with technical assistance in developing and implementing trade agreements. (2) Assist government officials and private sector representatives of Caribbean Basin countries to further assist firms in developing export readiness, such as developing firms' commitment, identifying primary target markets, selecting market entry strategies, developing an international market plan, and developing distribution networks in other countries. (3) Provide training and consulting services to Caribbean Basin countries to upgrade port facilities, strengthen security measures, upgrade customs procedures, and modernize other infrastructure critical to trade. (4) Provide training and consulting services to government officials and private sector representatives of Caribbean Basin countries on import requirements of major trading countries for the Caribbean Basin region, including the United States, as well as financing mechanisms. SEC. 104. ADMINISTRATIVE PROVISIONS. The Secretary of State, acting through the Assistant Secretary of State for Western Hemisphere Affairs and the United States Permanent Representative to the Organization of American States, shall work with the Organization of American States to determine the location, staffing requirements, programs, and working methodology of the Center. SEC. 105. SENSE OF CONGRESS. It is the sense of Congress that a thorough study and analysis should be undertaken to determine a permanent location of the Center. TITLE II--CARIBBEAN BASIN SKILLS-BASED TRAINING PROGRAM SEC. 201. FINDINGS. Congress finds the following: (1) Studies demonstrate that greater emphasis needs to be given to secondary education in countries of the Western Hemisphere, including Caribbean Basin countries, in order to bridge the widening educational and technology gap in such countries, which ultimately hinders job growth. (2) Access to education is fundamental in helping to eradicate the poverty which limits economic growth in the countries of the Caribbean Basin. (3) Countries of the Western Hemisphere have consistently lagged behind the countries of Asia and other regions, suffering a self-perpetuating cycle of low-growth and increasing poverty. (4) The community college system in the United States provides skills-based training for United States workers and is a useful model for a skills-based training system for Caribbean Basin countries. (5) A skills-based training program established under the management of the Organization of American States (OAS) would be an effective means of addressing the needs of individuals and economic concerns in the Caribbean Basin region. (6) Such a program would provide individuals with the skills required to improve their standard of living and, together with employers, would further facilitate the economic integration of the countries of the Western Hemisphere. SEC. 202. ESTABLISHMENT. The Secretary of State is authorized to make a voluntary contribution on a grant basis to the Organization of American States to establish a skills-based training program for Caribbean Basin countries (hereinafter in this title referred to as the ``program'') in accordance with the provisions of this title. SEC. 203. ACTIVITIES. The program shall carry out activities to support a productive workforce in Caribbean Basin countries. SEC. 204. SENSE OF CONGRESS. It is the sense of Congress that the program should focus on mid- level technical education and training for the workforce in Caribbean Basin countries, utilizing existing educational facilities, cooperative private sector and government entities, and Internet-based training. TITLE III--GENERAL PROVISIONS SEC. 301. REPORT. Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of this Act. SEC. 302. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Caribbean basin countries; countries of the caribbean basin.--The term ``Caribbean Basin countries'' or ``countries of the Caribbean Basin'' means the countries and territories specified in the matter preceding paragraph (1) of section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)). (3) OAS.--The term ``OAS'' means the Organization of American States. SEC. 303. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State to carry out this Act such sums as may be necessary for fiscal year 2006. (b) Sense of Congress.--Of the amount appropriated pursuant to the authorization of appropriations under subsection (a), it is the sense of Congress that up to $10,000,000 should be available to carry out title I of this Act and up to $10,000,000 should be available to carry out title II of this Act.
Caribbean Basin Trade Enhancement Act of 2005 - Authorizes the Secretary of State to make a voluntary contribution (on a grant basis) to the Organization of American States to establish a: (1) Center for Caribbean Basin Trade; and (2) a skills-based training program for Caribbean Basin countries. Expresses the sense of Congress that: (1) a thorough study and analysis should be undertaken to determine a permanent location of the Center; and (2) the skills-based program should focus on mid-level technical education and training for the workforce in Caribbean Basin countries, utilizing existing educational facilities, cooperative private sector and government entities, and Internet-based training.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers' Cellular Phone Contract Fairness Act of 2006''. SEC. 2. TERMINATION UNDER SERVICEMEMBERS CIVIL RELIEF ACT OF CONTRACTS FOR CELLULAR PHONE SERVICES. (a) Termination of Contracts for Cellular Phone Services.-- (1) Inclusion of contracts under termination authority.-- Subsection (b) of section 305 of the Servicemembers Civil Relief Act (50 U.S.C. App. 535) is amended by adding at the end the following new paragraph: ``(3) Contracts for cellular phone service.-- ``(A) In general.--Subject to subparagraphs (B) and (C), a contract for a cellular phone used, or intended to be used, by a servicemember or a servicemember's dependent for a personal or business purpose if-- ``(i) the contract is executed by or on behalf of a person who thereafter and during the term of the contract enters into military service under call or order specifying a period of not less than 90 days (or who enters military service under a call or order specifying a period of 90 days or less and who, without a break in service, receives orders extending the period of military service to a period not less than 90 days); ``(ii) the servicemember, while in military service, executes the contract and thereafter receives military orders for a permanent change of station outside of the continental United States or to deploy with a military unit for a period of not less than 90 days; or ``(iii) the servicemember, while in military service, executes the contract and thereafter receives military orders for a permanent change of station to a location within the continental United States where the contract cannot be transferred at the same rate, terms, and quality of service. ``(B) Applicability to dependents.--Subparagraph (A) shall apply with respect to a contract, or portion of a contract, for a cellular phone used, or intended to be used, by a servicemember's dependent only if the dependent-- ``(i) relocates in accompanying the servicemember in the performance of the military service, or in a permanent change of station or deployment, described in that subparagraph; or ``(ii) otherwise relocates as a consequence of such military service or change of station or deployment. ``(C) Applicability to group plans.--If a servicemember or a dependent to whom this paragraph applies is not the primary account holder under a contract described in subparagraph (A), that subparagraph shall apply only to the extent of the obligations of the servicemember or dependent, as the case may be, in the contract.''. (2) Manner of termination.--Subsection (c)(1) of such section is amended-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) in the case of a contract for a cellular phone, by delivery by the contractee of written notice of such termination, and a copy of the servicemember's military orders, to the contractor or to the contractor's agent.''. (3) Effective date of termination.--Subsection (d) of such section is amended by adding at the end the following new paragraph: ``(3) Contract for cellular phone service.--In the case of a contract for a cellular phone described in subsection (b)(3), termination of the contract under subsection (a) is effective on the day on which the requirements of subsection (c) are met for such termination.''. (4) Arrearages.--Subsection (e) of such section is amended-- (A) by striking ``(e) Arrearages and Other Obligations and Liabilities.--Rents or lease amounts'' and inserting the following: ``(e) Arrearages and Other Obligations and Liabilities.-- ``(1) In general.--Rents or lease amounts''; (B) by designating the second sentence as paragraph (2), indenting such paragraph 4 ems from the left margin, and inserting before ``In the case of the lease'' the following: ``(2) Lease charges for motor vehicles.--''; and (C) by adding at the end the following new paragraphs: ``(3) Termination charges for cellular phone contracts.--In the case of a contract for a cellular phone, the contractor may not impose an early termination charge, but may request the return of equipment provided to the contractee as part of the contract which would normally remain the property of the contractee at the end of the contract term if the contractee is given the option of paying a pro-rated amount to retain such equipment based on the original retail price of such equipment, the amount previously paid for such equipment by the contractee, and the time remaining on the contract. ``(4) Reactivation fees.--In the event a contractor and contractee jointly agree to treat the termination of a contract for a cellular phone under this section as a suspension of such contract, the contractor may not impose any fee for reactivation of service under such contract at the completion of suspension of such contract.''. (b) Conforming Amendment.--Subsection (a)(1)(B) of such section is amended by striking ``or (2)(B)'' and inserting ``, (2)(B), (3)(A)(ii), or (3)(A)(iii)''. (c) Clerical Amendments.-- (1) Heading amendment.--The heading of such section is amended to read as follows: ``SEC. 305. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES OR CONTRACTS FOR CELLULAR PHONE SERVICE.''. (2) Table of contents amendment.--The table of contents for such Act is amended by striking the item relating to section 305 and inserting the following new item: ``Sec. 305. Termination of residential or motor vehicle leases or contracts for cellular phone service.''.
Servicemembers' Cellular Phone Contract Fairness Act of 2006 - Amends the Servicemembers Civil Relief Act to allow members of the Armed Forces who are called to active duty for a period of not less than 90 days to cancel or suspend their cell phone contracts without incurring early termination or reactivation fees.
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SECTION. 1. SHORT TITLE. This Act may be cited as the ``Computer Equipment and Technology Export Control Reform Act''. SEC. 2. ANNUAL REVIEW OF CONTROLS ON COMPUTERS. Section 4 of the Export Administration Act of 1979 (50 U.S.C. App. 2403) is amended by adding at the end the following new subsection: ``(h) Review of Export Controls on Computer Equipment and Technology.-- ``(1) In general.--In order to ensure that requirements of validated licenses and other licenses authorizing multiple exports are periodically removed as computer equipment, computer communications and networking equipment, computer software, and related technology, that are subject to such requirements become obsolete with respect to the specific objectives of the export controls requiring such licenses, the Secretary shall conduct periodic reviews of such controls. The Secretary shall complete such a review not later than 6 months after the date of the enactment of this subsection, and not later than the end of each 1-year period thereafter. ``(2) Review elements.--In conducting each review under paragraph (1), the Secretary shall do the following with respect to the export controls requiring a license described in paragraph (1): ``(A) Objectives of control.--The Secretary shall identify the specific objectives of the export controls, for the 12-month period beginning on the date on which the review is completed, for each country for which a validated license is required. When an objective of an export control is to defer the development of a specific capability in such country, the Secretary shall specify for what period of time the controls are expected to defer such capability. ``(B) Quantity and performance.--The Secretary shall estimate, for the 12-month period described in subparagraph (A), the quantity and performance (measured in Composite Theoretical Performance or other relevant performance metrics) of computer systems that must be obtained by each country for which a validated license is required in order to defeat the objectives of the export controls. ``(C) Availability to controlled destinations.--The Secretary shall evaluate the effectiveness of the export controls in achieving their specific objectives, including explicit descriptions of the availability, during the 12-month period described in subparagraph (A), to controlled countries of computer equipment, computer communications and networking equipment, computer software, and related technology on which the export controls are in effect-- ``(i) from sources that do not control the export of such items, and from sources from which no effective export controls on such items exist; ``(ii) as a result of actual or potential diversion, including potential diversion of software over international computer or telephone networks; ``(iii) as a result of export license authorizations from countries other than the United States; ``(iv) as a result of indigenous production in controlled countries; and ``(v) as a result of United States regulations permitting exports to such countries of items with minimal United States content by value. ``(D) Economic impact.--The Secretary shall evaluate the economic impact, during the 12-month period described in subparagraph (A), of the export controls on exporting companies, including estimates of lost sales, loss in market share, and administrative overhead. ``(3) Increase in thresholds.--After completing each review under this subsection, the Secretary shall increase, if warranted by the findings of the review, the following export control thresholds, consistent with the obligations of the United States under bilateral and multilateral agreements: ``(A) The performance levels at which computer systems are eligible for delivery under a distribution license. ``(B) The performance levels at which computer systems may be shipped under a general license to countries other than controlled countries. ``(C) The performance levels defining a `supercomputer'. ``(D) The performance levels at which a validated license is required for the export to a controlled country of computer systems and peripherals, software, parts, and communications equipment normally supplied with such computer systems. In any recommendation or publication for such increase, the Secretary shall include the specific rationale for the increase. ``(4) Default provisions.--If on the date by which a review under this subsection must be completed, the review is not completed or a report on the review has not been transmitted to the Congress under paragraph (5), the performance levels described in paragraph (3) then in effect, stated in terms of Composite Theoretical Performance or other relevant performance metrics, shall double, effective 90 days from that date. No change in regulations or notice in the Federal Register shall be required to implement such increase in performance levels. ``(5) Report.--The Secretary shall transmit to the Congress and to the Computer Systems Technical Advisory Committee (or successor technical advisory committee) a report on the findings of each review conducted under this subsection, addressing each requirement set forth in paragraph (2). Within 60 days thereafter, the Computer Systems Technical Advisory Committee (or successor technical advisory committee) shall transmit to the Congress a concise statement specifying its concurrence or nonconcurrence with each matter contained in the Secretary's report, along with specific reasons for such concurrence or nonconcurrence. ``(6) Hearings.--The Secretary shall conduct public hearings not less than once each year in order to solicit information from all interested parties on all matters to be addressed in each review conducted under this subsection.''. SEC. 3. DE MINIMUS DECONTROL OF COMPUTER SYSTEMS. Section 4 of the Export Administration Act of 1979 (50 U.S.C. App. 2403) is amended by adding at the end the following new subsection: ``(i) Removal of Controls on Computer Systems Valued at Less Than $5,000.-- ``(1) In general.--No validated license shall be required under this Act for the export or reexport to any controlled country of any digital computer having a net value of less than $5,000. ``(2) Definition of net value.--As used in paragraph (1), the `net value' of a digital computer means the actual selling price of the computer, less transport charges, to the customer abroad, or the current market price of the computer to the same type of customer in the United States. ``(3) No quantity limit.--No limit may be placed under this Act on the number of computer systems to which paragraph (1) applies that may be exported or reexported at any one time or on the number of shipments of such computer systems to any controlled country or end-user in a controlled country.''. SEC. 4. DECONTROL OF MASS-MARKET COMPUTER EQUIPMENT. Section 4 of the Export Administration Act of 1979 (50 U.S.C. App. 2403) is amended by adding at the end the following new subsection: ``(j) Removal of Controls on Mass-Market Computer Equipment.-- ``(1) Mass-market computer equipment defined.--For purposes of this subsection, the term `mass-market computer equipment' means any computer system, computer networking equipment, peripheral to a computer system, part or subassembly of a computer system, or combination thereof, on which export controls are in effect under this Act, and which will have been installed for end-use outside the United States in a quantity exceeding 100,000 units over a 12-month period, as determined under paragraph (2). ``(2) Anticipatory review of mass-market computer equipment.--Not later than-- ``(A) 6 months after the date of the enactment of this subsection, and ``(B) the end of each 1-year period occurring thereafter, the Secretary shall, in consultation with the Computer Systems Technical Advisory Committee (or successor technical advisory committee), industry groups, and computer equipment producers, identify those items (including computer systems differentiated in terms of Composite Theoretical Performance) that will be installed for end-use outside the United States in a quantity exceeding 100,000 units during the 12-month period beginning on the applicable date described in subparagraph (A) or (B). Estimates of numbers of items installed shall be based on reliable estimates provided by producers of such items. ``(3) Action by the secretary.--Not later than 30 days after an item is determined by the Secretary under paragraph (2) to be mass-market computer equipment, the Secretary shall either-- ``(A) eliminate export controls on such equipment and publish a notice of such action in the Federal Register; or ``(B) in the case of an item controlled under the terms of an export control regime in which the United States participates with 1 or more other countries, propose the elimination of controls on such equipment in accordance with the procedures of the appropriate regime and publish a notice of such proposal in the Federal Register.''. SEC. 5. IDENTIFICATION OF PROLIFERATION END-USERS. Section 4 of the Export Administration Act of 1979 (50 U.S.C. App. 2403) is amended by adding at the end the following new subsection: ``(k) Identification of Proliferation Endusers.-- ``(1) Proliferation enduser defined.--For purposes of this subsection, the term `proliferation enduser' means any entity that is engaged, directly or indirectly, in the design, development, or production of nuclear, chemical, or biological weapons or missiles and is located in a country that is not party to a bilateral or multilateral agreement the purpose of which is to limit the spread of such weapons and activities and to which the United States is a party. ``(2) Publication of proliferation endusers.--The Secretary shall, within 10 days after communicating to any United States exporter (including by denying an export license to such exporter) that any entity has been identified as a proliferation enduser, publish in the Federal Register the name and specific validated license requirements for exports to such proliferation enduser. If such publication is not made, such entity shall be deemed not to be a proliferation enduser and exports or reexports to such entity shall not require an individual validated license solely because of activities described in paragraph (1).''.
Computer Equipment and Technology Export Control Reform Act - Amends the Export Administration Act of 1979 to direct the Secretary of Commerce to: (1) conduct annual reviews of export controls on computer equipment and technology; (2) increase certain export control thresholds if warranted by the review; and (3) report review findings to the Congress and the Computer Systems Technical Advisory Committee. Exempts from license requirements for export or reexport to any controlled country digital computers valued at less than $5,000. Directs the Secretary to: (1) identify specified items that will be installed for end-use outside the United States; and (2) publish in the Federal Register the name and specified license requirements for exports to a proliferation end-user (any entity engaged in the design, development, or production of nuclear, chemical, or biological weapons or missiles which is located in a country that is not party to an agreement, to which the United States is a party, to limit the spread of such weapons and activities).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) in 1971, Congress enacted the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to recognize and settle the aboriginal claims of Alaska Natives to the land Alaska Natives had used for traditional purposes; (2) that Act awarded approximately $1,000,000,000 and 44,000,000 acres of land to Alaska Natives and provided for the establishment of Native Corporations to receive and manage the funds and land; (3) pursuant to that Act, Alaska Natives have been enrolled in 1 of 13 Regional Corporations; (4) most Alaska Natives reside in communities that are eligible under that Act to form a Village or Urban Corporation within the geographical area of a Regional Corporation; (5) Village or Urban Corporations established under that Act received cash and surface rights to the settlement land described in paragraph (2) and the corresponding Regional Corporation received cash and land that includes the subsurface rights to the land of the Village or Urban Corporation; (6) the southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell are not listed under that Act as communities eligible to form Village or Urban Corporations, even though the population of those villages comprises greater than 20 percent of the shareholders of the Regional Corporation for Southeast Alaska and display historic, cultural, and traditional qualities of Alaska Natives; (7) the communities described in paragraph (6) have sought full eligibility for land and benefits under that Act for more than 3 decades; (8) in 1993, Congress directed the Secretary of the Interior to prepare a report examining the reasons why the communities listed in paragraph (6) had been denied eligibility to form Village or Urban Corporations and receive land and benefits pursuant to that Act; (9) the report described in paragraph (8), published in February 1994, indicates that-- (A) the communities listed in paragraph (6) do not differ significantly from the Southeast Alaska communities that were permitted to form Village or Urban Corporations under that Act; (B) the communities are similar to other communities that are eligible to form Village or Urban Corporations under that Act and receive land and benefits under that Act-- (i) in actual number and percentage of Native Alaskan population; and (ii) with respect to the historic use and occupation of land; (C) each such community was involved in advocating the settlement of the aboriginal claims of the community; and (D) some of the communities appeared on early versions of lists of Native Villages prepared before the date of the enactment of that Act, but were not included as Native Villages under that Act; (10) the omissions described in paragraph (9) are not clearly explained in any provision of that Act or the legislative history of that Act; and (11) on the basis of the findings described in paragraphs (1) through (10), Alaska Natives who were enrolled in the 5 unlisted communities and the heirs of the Alaska Natives have been inadvertently and wrongly denied the cultural and financial benefits of enrollment in Village or Urban Corporations established pursuant to that Act. (b) Purpose.--The purpose of this Act is to redress the omission of the communities described in subsection (a)(6) from eligibility by authorizing the Native people enrolled in the communities-- (1) to form Urban Corporations for the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (2) to receive certain settlement land pursuant to that Act. SEC. 3. ESTABLISHMENT OF ADDITIONAL NATIVE CORPORATIONS. Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by adding at the end the following: ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska.-- ``(1) In general.--The Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, may organize as Urban Corporations. ``(2) Effect on entitlement to land.--Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.''. SEC. 4. SHAREHOLDER ELIGIBILITY. Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following: ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.-- ``(1) In general.--The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively. ``(2) Number of shares.--Each Native who is enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell pursuant to paragraph (1) and who was enrolled as a shareholder of the Regional Corporation for Southeast Alaska on or before March 30, 1973, shall receive 100 shares of Settlement Common Stock in the respective Urban Corporation. ``(3) Natives receiving shares through inheritance.--If a Native received shares of stock in the Regional Corporation for Southeast Alaska through inheritance from a decedent Native who originally enrolled to the Native Village of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the decedent Native was not a shareholder in a Village or Urban Corporation, the Native shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective Urban Corporation. ``(4) Effect on entitlement to land.--Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8).''. SEC. 5. DISTRIBUTION RIGHTS. Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606) is amended-- (1) in subsection (j)-- (A) by striking ``(j) During'' and inserting the following: ``(j) Distribution of Corporate Funds and Other Net Income.-- ``(1) In general.--During''; (B) by striking ``Not less'' and inserting the following: ``(2) Minimum allocation.--Not less''; (C) by striking ``In the case'' and inserting the following: ``(3) Thirteenth regional corporation.--In the case''; and (D) by adding at the end the following: ``(4) Native villages of haines, ketchikan, petersburg, tenakee, and wrangell.--Native members of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who become shareholders in an Urban Corporation for such a Native Village shall continue to be eligible to receive distributions under this subsection as at-large shareholders of the Regional Corporation for Southeast Alaska.''; and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--The Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act and the amendments made by that Act shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporation or Village Corporations or other provisions of subsection (i) or (j).''. SEC. 6. COMPENSATION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG, TENAKEE, AND WRANGELL. ``(a) Offer of Compensation.-- ``(1) In general.--On incorporation of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, the Secretary, in consultation and coordination with the Secretary of Commerce, and in consultation with representatives of each such Urban Corporation and the Regional Corporation for Southeast Alaska, shall offer as compensation, pursuant to this Act, 1 township of land (23,040 acres) to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, in accordance with this subsection. ``(2) Local areas of historical, cultural, traditional, and economic importance.-- ``(A) In general.--The Secretary shall offer as compensation under this subsection local areas of historical, cultural, traditional, and economic importance to Alaska Natives from the Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell. ``(B) Selection of land.--In selecting the land to be withdrawn and conveyed pursuant to this section, the Secretary-- ``(i) shall give preference to land with commercial purposes; and ``(ii) may include subsistence and cultural sites, aquaculture sites, hydroelectric sites, tideland, surplus Federal property and eco- tourism sites. ``(C) Contiguous, compact sites.--The land selected pursuant to this section shall be contiguous and reasonably compact tracts if practicable. ``(D) Valid existing rights.--The land selected pursuant to this section shall be subject to all valid existing rights and all other provisions of section 14(g), including any lease, contract, permit, right-of- way, or easement (including a lease issued under section 6(g) of the Act of July 7, 1958 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21; Public Law 85-508)). ``(b) Acceptance or Rejection of Offer.-- ``(1) In general.--Not later than 1 year after the date of the offer of compensation from the Secretary under subsection (a), each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell shall accept or reject the offer. ``(2) Resolution.--To accept or reject the offer, each such Urban Corporation shall provide to the Secretary a properly executed and certified corporate resolution that states that the offer proposed by the Secretary was voted on, and either approved or rejected, by a majority of the shareholders of the Urban Corporation. ``(3) Rejection of offer.--If the offer is rejected-- ``(A) the Secretary, in consultation with representatives of the Urban Corporation that rejected the offer and the Regional Corporation for Southeast Alaska, shall revise the offer; and ``(B) the Urban Corporation shall have an additional 180 days within which to accept or reject the revised offer. ``(c) Withdrawal and Conveyance of Land and Title.--Not later than 180 days after receipt of a corporate resolution of an Urban Corporation approving an offer of the Secretary under subsection (b)(1), the Secretary shall (as appropriate)-- ``(1) withdraw the land; ``(2) convey to the Urban Corporation title to the surface estate of the land; and ``(3) convey to the Regional Corporation for Southeast Alaska title the subsurface estate for the land. ``(d) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.--The Secretary shall, without consideration of compensation, convey to the Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Corporations pursuant to subsection (c). ``(e) Settlement Trust.-- ``(1) In general.--The Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, respectively. ``(2) Proceeds and income.--The proceeds and income from the principal of a trust established under paragraph (1) shall-- ``(A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and ``(B) then to the support of all other enrollees.''.
Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act Amends the Alaska Native Claims Settlement Act to permit the Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Urban Corporations and to receive certain settlement land pursuant to this Act. Authorizes those Urban Corporations to establish a settlement trust to promote the health, education, and welfare of the trust beneficiaries, and preserve the Native heritage and culture of their communities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Nanoscale Science and Engineering Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The emerging fields of nanoscience and nanoengineering address the ability to create materials with fundamentally new compositions by prepositioning atoms within an overall molecular composition. (2) The ability of the United States to respond to the energy and economic challenges of the 21st century will be driven by science and technology. Nanoscience and nanoengineering will enable the United States to develop new technologies for energy exploration and production, for monitoring energy infrastructure, for increasing energy efficiency in end-use application, and for developing new technologies applicable to other Department of Energy statutory missions. These advances will also enhance the strength of U.S. science, technology, and medicine generally. (3) The fundamental intellectual challenges inherent in nanoscience and nanoengineering are considerable, and require public support for basic and applied research and development. Significant advances in areas such as the self-assembly of atom clusters will be required before nanoscience or nanoengineering will be useful to the energy or manufacturing industries. (4) The development of new scientific instruments will also be required to advance nanoscience and nanoengineering. Such instruments are likely to be large and costly. Specialized facilities are also likely to be required in order to advance the field and to realize its promise. Such facilities will be sufficiently expensive that they will have to be located and constructed on a centralized basis, similar to a number of unique facilities already managed by the Department of Energy. (5) Contributions from individual researchers as well as multidisciplinary research teams will be required to advance nanoscience and nanoengineering. (6) The Department of Energy's Office of Science is well suited to manage nanoscience and nanoengineering research and development for the Department. Through its support of research and development pursuant to the Department's statutory authorities, the Office of Science is the principal federal supporter of the research and development in the physical and computational sciences. The Office is also a significant source of federal support for research in genomics and the life sciences. The Office supports research and development by individual investigators and multidisciplinary teams, and manages special user facilities that serve investigators in both university and industry. SEC. 3. DEPARTMENT OF ENERGY PROGRAM. (a) Establishment.--The Secretary of Energy, through the Office of Science of the Department of Energy, shall support a program of research and development in nanoscience and nanoengineering consistent with the Department's statutory authorities related to research and development. The program shall include efforts to further the understanding of the chemistry, physics, materials science and engineering of phenomena on the scale of 1 to 100 nanometers. (b) Duties of the Office of Science.--In carrying out the program under this Act, the Director of the Office of Science shall-- (1) support both individual investigators and multidisciplinary teams of investigators; (2) pursuant to subsection (c), develop, plan, construct, acquire, or operate special equipment or facilities for the use of investigators conducting research and development in nanoscience and nanoengineering; (3) support technology transfer activities to benefit industry and other users of nanoscience and nanoengineering; and (4) coordinate research and development activities with industry and other federal agencies. (c) Nanoscience and Nanoengineering Research Centers and Major Instrumentation.-- (1) Authorization.--Within the funds authorized to be appropriated pursuant to this Act, the amounts specified under section 4(b) shall, subject to appropriations, be available for projects to develop, plan, construct, acquire, or operate special equipment, instrumentation, or facilities for investigators conducting research and development in nanoscience and nanoengineering. (2) Projects.--Projects under paragraph (1) may include the measurement of properties at the scale of 1 to 100 nanometers, manipulation at such scales, and the integration of technologies based on nanoscience or nanoengineering into bulk materials or other technologies. (3) Facilities.--Facilities under paragraph (1) may include electron microcharacterization facilities, microlithography facilities, scanning probe facilities and related instrumentation. (4) Collaboration.--The Secretary shall encourage collaborations among universities, laboratories and industry at facilities under this subsection. At least one Departmental facility under this subsection shall have a specific mission of technology transfer to other institutions and to industry. (d) Merit Review Required.--All grants, contracts, cooperative agreements, or other financial assistance awards under this Act shall be made only after independent merit review. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Total Authorization.--The following sums are authorized to be appropriated to the Secretary of Energy, to remain available until expended, for the purposes of carrying out this Act: (1) $160,000,000 for fiscal year 2002. (2) $270,000,000 for fiscal year 2003. (3) $290,000,000 for fiscal year 2004. (4) $310,000,000 for fiscal year 2005. (5) $330,000,000 for fiscal year 2006. (b) Nanoscience and Nanoengineering Research Centers and Major Instrumentation.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c): (1) $55,000,000 for fiscal year 2002. (2) $135,000,000 for fiscal year 2003. (3) $150,000,000 for fiscal year 2004. (4) $120,000,000 for fiscal year 2005. (5) $100,000,000 for fiscal year 2006.
Requires the Director of the Office of Science to: (1) support individual investigators and multidisciplinary teams of investigators conducting R&D in nanoscience and nanoengineering; (2) develop, plan, construct, acquire, or operate special equipment or facilities for the use of such investigators; (3) support technology transfer activities to benefit industry and other users of nanoscience and nanoengineering; and (4) coordinate such R&D activities with industry and other Federal agencies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Oversight of Vital Emergency Recovery Spending Enhancement and Enforcement Act of 2005''. SEC. 2. DEFINITIONS. (a) Chief Financial Officer.--The term ``Chief Financial Officer'' means the Hurricane Katrina Recovery Chief Financial Officer. (b) Office.--The term ``Office'' means the Office of the Hurricane Katrina Recovery Chief Financial Officer. SEC. 3. ESTABLISHMENT AND FUNCTIONS. (a) Establishment.--There is established within the Executive Office of the President, the Office of the Hurricane Katrina Recovery Chief Financial Officer. (b) Chief Financial Officer.-- (1) Appointment.--The Hurricane Katrina Recovery Chief Financial Officer shall be the head of the Office. The Chief Financial Officer shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications.--The Chief Financial Officer shall have the qualifications required under section 901(a)(3) of title 31, United States Code. (c) Functions.-- (1) In general.--The Chief Financial Officer shall-- (A) be responsible for the efficient and effective use of Federal funds in all activities relating to the recovery from Hurricane Katrina; (B) have all authorities and perform all functions of a Chief Financial Officer under section 902 of title 31, United States Code, with respect to all agencies and all Federal activities relating to the recovery from Hurricane Katrina in accordance with paragraph (2); and (C) strive to ensure that-- (i) priority in the distribution of Federal relief funds is given to individuals and organizations most in need of financial assistance; and (ii) priority in the distribution of Federal reconstruction funds is given to business entities that are based in Louisiana, Mississippi, and Alabama or business entities that hire workers who resided in those States before August 29, 2005. (2) Coordination of agencies.--In the performance of the functions under paragraph (1)(B) by the Chief Financial Officer- (A) the President shall act as the head of the agency and the Chief Financial Officer shall have management and oversight of all agencies performing activities relating to the recovery from Hurricane Katrina for purposes of the application of section 902 of title 31, United States Code; and (B) the Chief Financial Officer shall coordinate and have management and oversight responsibilities of each applicable Chief Financial Officer in the performance of functions under section 902(a) (5) and (6) of title 31, United States Code, instead of performing such functions for each applicable agency. (3) Regular reports.-- (A) In general.--Every month the Chief Financial Officer shall submit a financial report on the activities for which the Chief Financial Officer has management and oversight responsibilities to-- (i) the Committee on Homeland Security and Governmental Affairs of the Senate; (ii) the Committee on Homeland Security of the House of Representatives; (iii) the Committees on Appropriations of the Senate and House of Representatives; and (iv) the Committee on Government Reform of the House of Representatives. (B) Contents.--Each report under this paragraph shall include-- (i) the extent to which Federal relief funds have been given to individuals and organizations most in need of financial assistance; (ii) the extent to which Federal reconstruction funds have been made available to business entities that are based in Louisiana, Mississippi, or Alabama or business entities that hire workers who resided in those States before August 29, 2005; and (iii) the extent to which Federal agencies have made use of sole source or cost-plus contracts. (C) First report.--The first report under this paragraph shall be submitted for the first full month for which a Chief Financial Officer has been appointed. (d) Responsibilities of Chief Financial Officers.--Nothing in this Act shall be construed as to relieve the responsibilities of any Chief Financial Officer under section 902 of title 31, United States Code. (e) Availability of Records.--Upon request to the Chief Financial Officer, the Office shall make the records of the Office available to the Inspector General of any Federal agency performing recovery activities relating to Hurricane Katrina for the purpose of performing the duties of that Inspector General under the Inspector General Act of 1978 (5 U.S.C. App.). SEC. 4. REPORTS OF THE GOVERNMENT ACCOUNTABILITY OFFICE. The Office shall provide quarterly reports to the committees specified in section 3(c) (3) (A) relating to all activities and expenses approved by the Office, including_ (1) the accuracy of reports submitted by the Chief Financial Officer to Congress; (2) the extent to which agencies performing activities relating to the recovery from Hurricane Katrina have made use of sole source or cost-plus contracts; (3) the appropriate use of Federal funds by State and local government agencies; (4) an analysis of whether Federal relief funds have been distributed to individuals and organizations most in need of financial assistance and Federal reconstruction funds have been made available to business entities that are based in Louisiana, Mississippi, and Alabama or business entities that hire workers who resided in those States before August 29, 2005; and (5) the extent to which waste, fraud, or abuse exist in the use of Federal funds relating to the recovery from Hurricane Katrina. SEC. 5. ADMINISTRATIVE AND SUPPORT SERVICES. (a) In General.--The President shall provide administrative and support services (including office space) for the Office and the Chief Financial Officer. (b) Personnel.--The President shall provide for personnel for the Office through the detail of Federal employees. Any Federal employee may be detailed to the Office without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out this Act. SEC. 7. TERMINATION OF OFFICE. (a) In General.--The Office and position of Chief Financial Officer shall terminate 1 year after the date of enactment of this Act. (b) Extension.--The President may extend the date of termination under subsection (a) to any date occurring before 2 years after the date of enactment of this Act.
Oversight of Vital Emergency Recovery Spending Enhancement and Enforcement Act of 2005 - Establishes within the Executive Office of the President the Office of Hurricane Katrina Recovery Chief Financial Officer (CFO), who shall be appointed by the President, by and with the advice and consent of the Senate. Makes the CFO responsible for the efficient and effective use of federal funds in all activities relating to the recovery from Hurricane Katrina. Requires the CFO to strive to ensure that priority in the distribution of federal: (1) relief funds is given to individuals and organizations most in need of financial assistance; and (2) reconstruction funds is given to business entities based in Louisiana, Mississippi, Alabama, or business entities that hire workers who resided in those States before August 29, 2005.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Beneficiaries Protection Act''. SEC. 2. AUTHORITY TO REISSUE BENEFITS MISUSED BY ORGANIZATIONAL REPRESENTATIVE PAYEES. (a) OASDI Amendment.--Section 205(j)(5) of the Social Security Act (42 U.S.C. 405(j)(5)) is amended by inserting after the first sentence the following new sentence: ``In any case in which a representative payee that is an organization (regardless of whether it is a `qualified organization' within the meaning of paragraph (4)(B)) misuses all or part of an individual's benefit paid to such representative payee, the Commissioner of Social Security shall certify for payment to the beneficiary or the beneficiary's alternative representative payee an amount equal to the amount of such benefit so misused. The provisions of this paragraph are subject to the limitations of paragraph (6)(B).''. (b) SSI Amendment.--Section 1631(a)(2)(E) of such Act (42 U.S.C. 1383(a)(2)(E)) is amended by inserting after the first sentence the following new sentence: ``In any case in which a representative payee that is an organization (regardless of whether it is a `qualified organization' within the meaning of paragraph (4)(B)) misuses all or part of an individual's benefit paid to such representative payee, the Commissioner of Social Security shall make payment to the beneficiary or the beneficiary's alternative representative payee of an amount equal to the amount of such benefit so misused. The provisions of this subparagraph are subject to the limitations of subparagraph (F)(ii).''. (c) Effective Date.--The amendments made by this section shall apply to any case of benefit misuse by a representative payee with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. SEC. 3. BONDING AND LICENSING REQUIREMENTS APPLICABLE TO NONGOVERNMENTAL ORGANIZATIONAL REPRESENTATIVE PAYEES. (a) OASDI Amendment.--Section 205(j)(4)(B) of the Social Security Act (42 U.S.C. 405(j)(4)(B)) is amended by striking ``is bonded or licensed in each State in which it serves as a representative payee'' and inserting ``provides a bond that meets the requirements specified by the Commissioner of Social Security and is licensed in each State in which it serves as a representative payee (if licensing is available in such State)''. (b) SSI Amendment.--Section 1631(a)(2)(D)(ii)(I) of such Act (42 U.S.C. 1383(a)(2)(D)(ii)(I)) is amended to read as follows: ``(I) provides a bond that meets the requirements specified by the Commissioner of Social Security and is licensed in each State in which it serves as a representative payee (if licensing is available in such State); and''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the thirteenth month beginning after the date of enactment of this Act. SEC. 4. FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY QUALIFIED ORGANIZATIONAL REPRESENTATIVE PAYEES. (a) OASDI Amendment.--Section 205(j)(4)(A) of the Social Security Act (42 U.S.C. 405(j)(4)(A)) is amended-- (1) in clause (i), by striking ``A qualified organization'' and inserting ``Except as provided in clause (iii), a qualified organization''; and (2) by adding at the end the following new clause: ``(iii) A qualified organization may not collect a fee from an individual for any month with respect to which the Commissioner of Social Security or a court of competent jurisdiction has determined that the organization has misused all or part of the individual's benefit, and any amount collected by the qualified organization for such month shall be treated as a misused part of the individual's benefit for purposes of paragraphs (5) and (6).''. (b) SSI Amendment.--Section 1631(a)(2)(D) of such Act (42 U.S.C. 1383(a)(2)(D)) is amended-- (1) in clause (i), by striking ``A qualified organization'' and inserting ``Except as provided in clause (v), a qualified organization''; and (2) by adding at the end the following new clause: ``(v) A qualified organization may not collect a fee from an individual for any month with respect to which the Commissioner of Social Security or a court of competent jurisdiction has determined that the organization has misused all or part of the individual's benefit, and any amount collected by the qualified organization for such month shall be treated as a misused part of the individual's benefit for purposes of subparagraphs (E) and (F).''. (c) Effective Date.--The amendments made by this section shall apply to any month involving benefit misuse by a representative payee in any case with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. SEC. 5. LIABILITY OF NONGOVERNMENTAL REPRESENTATIVE PAYEES FOR MISUSED BENEFITS. (a) OASDI Amendment.--Section 205(j) of the Social Security Act (42 U.S.C. 405(j)) is amended by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively, and inserting after paragraph (5) the following new paragraph: ``(6)(A) If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a State or local government agency has misused all or part of an individual's benefit that was paid to such representative payee under this subsection, the representative payee shall be liable for the amount misused, and such amount (to the extent not repaid by the representative payee) shall be treated as an overpayment of benefits under this title to the representative payee for all purposes of this Act and related laws pertaining to the recovery of such overpayments. Subject to subparagraph (B), upon recovering all or any part of such amount, the Commissioner shall certify an amount equal to the recovered amount to such individual or the individual's alternative representative payee. ``(B) The total of the amount certified to such individual or the individual's alternative representative payee under subparagraph (A) and the amount certified under paragraph (5) shall not exceed the total benefit amount misused by the representative payee with respect to such individual.''. (b) SSI Amendment.--Section 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is amended by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively, and inserting after subparagraph (E) the following new subparagraph: ``(F)(i) If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a State or local government agency has misused all or part of an individual's benefit that was paid to such representative payee under this paragraph, the representative payee shall be liable for the amount misused, and such amount (to the extent not repaid by the representative payee) shall be treated as an overpayment of benefits under this title to the representative payee for all purposes of this Act and related laws pertaining to the recovery of such overpayments. Upon recovering all or any part of such amount, the Commissioner shall make payment of an amount equal to the recovered amount to such individual or the individual's alternative representative payee. ``(ii) The total of the amount paid to such individual or the individual's alternative representative payee under clause (i) and the amount paid under subparagraph (E) shall not exceed the total benefit amount misused by the representative payee with respect to such individual.''. (c) Effective Date.--The amendments made by this section shall apply to benefit misuse by a representative payee in any case with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. SEC. 6. EXTENSION OF THE CIVIL MONETARY PENALTY AUTHORITY. (a) In General.--Section 1129(a) of the Social Security Act (42 U.S.C. 1320a-8(a)) is amended-- (1) by striking ``(A)'' and ``(B)'' and inserting ``(i)'' and ``(ii)'', respectively; (2) by striking ``(a)(1)'' and inserting `` (a)(1)(A)''; (3) by striking ``(2)'' and inserting ``(B)''; and (4) by adding at the end the following new paragraph: ``(2) Any person (including an organization, agency, or other entity (other than a State or local government agency)) who having received, while acting in the capacity as representative payee pursuant to section 205(j) or section 1631(a)(2), a payment under title II or title XVI for the use and benefit of another individual, converts such payment, or any part thereof, to a use that such person knows or should know is other than for the use and benefit of such other individual, shall be subject to, in addition to any other penalties that may be prescribed by law, a civil money penalty of not more than $5,000 for each such violation.''. (b) Conforming Amendments.-- (1) Section 1129(b)(3)(A) of such Act (42 U.S.C. 1320a- 8(b)(3)(A)) is amended by striking ``charging fraud or false statements''. (2) Section 1129(c)(1) of such Act (42 U.S.C. 1320a- 8(c)(1)) is amended by striking ``and representations'' and inserting ``, representations, or actions''. (3) Section 1129(e)(1)(A) of such Act (42 U.S.C. 1320a- 8(e)(1)(A)) is amended by striking ``statement or representation referred to in subsection (a) was made'' and inserting ``violation occurred''. (c) Effective Date.--The amendments made by this section shall be effective with respect to violations committed after the date of enactment of this Act.
Amends SSA title XI part A (General Provisions) to extend civil monetary penalty authority for SSA titles II and XVI with respect to representative payees who misuse and convert a payment under such titles to unauthorized uses.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Telecommunications Act of 1997''. SEC. 2. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. (a) Amendment.--Title I of the Communications Act of 1934 is amended by inserting after section 11 (47 U.S.C. 161) the following new section: ``SEC. 12. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. ``(a) Findings.--The Congress finds that-- ``(1) Indian and Alaskan Native people live in some of the most geographically remote areas of the country, with 50 percent of Indian and Alaskan Native people living in Oklahoma, California, South Dakota, Arizona, New Mexico, Alaska, and Washington; ``(2) Indian poverty in reservation areas is 3.9 times the national average rate; ``(3) the average phone penetration rates for rural Native Americans is only 50 percent and actual penetration rates are often much lower; ``(4) what phone service there is in Indian country is often substandard and prohibitively expensive; ``(5) the Telecommunications Act of 1996 establishes a Federal-State Joint Board which issued recommendations on how to make quality telephone service affordable to all and to define what is deemed to be `universal service'; ``(6) the Telecommunications Act of 1996 requires the Federal Communications Commission to implement the recommendations from the Joint Board by May 8, 1997; ``(7) the benefits of Federal universal service policies have often not reached Indian country; ``(8) the Federal Government and the States have not historically adequately required telecommunications carriers to provide telecommunications services on Indian lands; and ``(9) the United States recognizes the sovereignty of Indian tribes in relation to the States through a government- to-government relationship, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes. ``(b) Policy Required.--Within 120 days after the date of enactment of this section, the Commission shall initiate a proceeding to develop and establish an official policy regarding the relations between the Commission and American Indians, including Alaskan Natives. In establishing such policy, the Commission shall-- ``(1) recognize-- ``(A) the special needs of American Indians, including Alaskan Natives, as determined under subsection (a); ``(B) the sovereign authority of tribal governments; and ``(C) the trust obligations of the United States; ``(2) promote the exercise of sovereign authority of tribal governments over the establishment of communications policies and regulations within their jurisdictions; ``(3) seek to promote Native Americans', including Alaskan Natives', participation in the consumption and provision of telecommunications services on Indian lands; and ``(4) not preclude the opportunity for improved negotiations between tribes and the States. ``(c) Notice Obligations.--The policy established pursuant to subsection (b) shall include procedures for giving Native Americans, including Alaskan Natives, notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted under section 309(j) of bands of frequencies in geographic coverage areas under the jurisdiction of tribal governments. ``(d) Forbearance.--The Commission shall forbear from applying any provision of this Act or any regulation thereunder to the extent that such forbearance-- ``(1) is necessary to ensure compliance with the trust responsibility of the United States; and ``(2) is consistent with the public interest. ``(e) Triennial Review.--The Commission shall review and revise as necessary the policies established pursuant to subsection (b) at least once every 3 years after the establishment of such policies.''. (b) Conforming Amendment.--Section 309(j)(3)(B) of such Act (47 U.S.C. 309(j)(3)(B)) is amended by inserting ``Indian tribes, Alaskan Native villages,'' after ``including''. SEC. 3. DESIGNATION OF ELIGIBLE TELECOMMUNICATIONS CARRIERS FOR THE PROVISION OF UNIVERSAL SERVICE. Section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)) is amended by adding at the end the following new paragraph: ``(6) Service areas within indian lands.--With respect to the designation of eligible telecommunications carriers for, and of service areas within, any lands under the jurisdiction of a tribal government (within the meaning of section 7871 of the Internal Revenue Code of 1986 (26 U.S.C. 7871)), the Commission shall exercise the authority of, and comply with the requirements of this subsection on, State commissions. In exercising such authority and complying with such requirements, the Commission shall comply with the policies established pursuant to section 12 of this Act.''. SEC. 4. ATTAINMENT OF UNIVERSAL SERVICE PRINCIPLES IN INDIAN COUNTRY. Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) Access by native americans.--Because States have not historically exercised the authority to require telecommunications carriers to deliver services on Indian lands, and because of the trust responsibilities of the United States, the responsibility to ensure the availability of quality telecommunications services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates is a Federal responsibility that should be assured by means of the Federal universal service support mechanisms established under this section, taking into account any support mechanisms established by the States.''; and (2) by adding at the end the following new subsection: ``(l) Maintenance of Native American Subscribership and Affordability Data.--The Commission shall prescribe such regulations as are necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications on Indian lands. Such data shall be maintained by the Commission in a form that is easily accessible to the public. The Commission shall periodically review and summarize such data in its annual reports under section 4(k), and shall, on the basis of such review, take such other actions as are necessary to carry out the purposes of this section with respect to the delivery of universal telecommunications services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates.''. SEC. 5. INFRASTRUCTURE DEVELOPMENT POLICY INITIATIVES. Section 103 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902) is amended by adding at the end the following new subsection: ``(d) Native American Telecommunications Infrastructure Policy Initiatives.--In carrying out the authority to serve as the President's adviser under subsection (b)(2)(D), the Assistant Secretary and the NTIA shall be responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.''.
Native American Telecommunications Act of 1997 - Amends the Communications Act of 1934 (the Act) to require the Federal Communications Commission (FCC) to initiate a proceeding to develop and establish an official policy regarding the relations between FCC and American Indians (including Alaskan Natives). Requires the policy to include procedures for giving Native Americans notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted for bands of frequencies in geographic coverage areas under the jurisdiction of tribal governments. Requires a review and revision as necessary of such policies at least every three years. Requires the FCC to exercise the authority of, and comply with the requirements of the Act on, State commissions with respect to the designation of eligible telecommunications carriers for, and of service areas within, any lands under the jurisdiction of a tribal government. Declares it to be a Federal responsibility to assure the availability of quality telecommunications services to Native Americans by means of universal service support mechanisms. Requires the FCC to: (1) prescribe regulations necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications on Indian lands; and (2) periodically review and summarize such data in its annual reports; and (3) take necessary actions to deliver universal telecommunications services to Native Americans at just, reasonable, and affordable rates. Amends the National Telecommunications and Information Administration Organization Act to make the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Budget Reform and Transparency Act of 2009''. SEC. 2. PRESIDENT'S BUDGET SUBMISSION. Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(36) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account: ``(A) Medical Services. ``(B) Medical Support and Compliance. ``(C) Medical Facilities.''. SEC. 3. ADVANCE APPROPRIATIONS FOR CERTAIN MEDICAL CARE ACCOUNTS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 1 of title 38, United States Code, is amended by inserting after section 116 the following new section: ``Sec. 117. Advance appropriations for certain medical care accounts ``(a) In General.--For each fiscal year, beginning with fiscal year 2011, discretionary new budget authority provided in an appropriations Act for the medical care accounts of the Department shall-- ``(1) be made available for that fiscal year; and ``(2) include, for each such account, advance discretionary new budget authority that first becomes available for the first fiscal year after the budget year. ``(b) Estimates Required.--The Secretary shall include in documents submitted to Congress in support of the President's budget submitted pursuant to section 1105 of title 31, United States Code, detailed estimates of the funds necessary for the medical care accounts of the Department for the fiscal year following the fiscal year for which the budget is submitted. ``(c) Medical Care Accounts.--For purposes of this section, the term `medical care accounts of the Department' means the following medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account: ``(1) Medical Services. ``(2) Medical Support and Compliance. ``(3) Medical Facilities. ``(d) Annual Report.--Not later than July 31 of each year, the Secretary shall submit to Congress an annual report on the sufficiency of the Department's resources for the next fiscal year beginning after the date of the submittal of the report for the provision of medical care. Such report shall also include estimates of the workload and demand data for that fiscal year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 113 the following new line: ``117. Advance appropriations for certain medical care accounts.''. SEC. 4. COMPTROLLER GENERAL REVIEW OF THE ACCURACY OF VA MEDICAL CARE BUDGET SUBMISSION IN RELATION TO BASELINE HEALTH CARE MODEL PROJECTION. (a) Review of Accuracy of Medical Care Budget Submission.--The Comptroller General shall conduct a review of each budget of the President for a fiscal year that is submitted to Congress pursuant to section 1105(a) of title 31 in order to assess whether or not the relevant components of the amounts requested in such budget for such fiscal year for the medical care accounts of the Department of Veterans Affairs specified in section 117(c) of title 38, United States Code, as added by section 3, are consistent with estimates of the resources required by the Department for the provision of medical care and services in such fiscal year, as forecast using the Enrollee Health Care Projection Model, or other methodologies used by the Department. (b) Reports.-- (1) In general.--Not later than 120 days after the date of each year in 2011, 2012, and 2013, on which the President submits the budget request for the next fiscal year under section 1105 of title 31, United States Code, the Comptroller General shall submit to the Committees on Veterans' Affairs, Appropriations, and the Budget of the Senate and the Committees on Veterans' Affairs, Appropriations, and the Budget of the House of Representatives and to the Secretary a report on the review conducted under subsection (a). (2) Elements.--Each report under this paragraph shall include, for the fiscal year beginning in the year in which such report is submitted, the following: (A) An assessment of the review conducted under subsection (a). (B) The basis for such assessment. (C) Such additional information as the Comptroller General determines appropriate. (3) Availability to the public.--Each report submitted under this subsection shall also be made available to the public. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Veterans Health Care Budget Reform and Transparency Act of 2009 - Directs the President to include in annual budget justification documents submitted to Congress information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Department of Veterans Affairs (VA): (1) Medical Services; (2) Medical Support and Compliance; and (3) Medical Facilities. Requires annually for such accounts, beginning with FY2011, discretionary new budget authority to: (1) be made available for that fiscal year; and (2) include, for each such account, advance discretionary new budget authority that first becomes available for the first fiscal year after the budget year. Directs the VA Secretary to report annually to Congress on the sufficiency of VA resources for the proceeding fiscal year with respect to the provision of medical care, including estimates of the workload and demand data for that fiscal year. Requires the Comptroller General to: (1) annually study the adequacy and accuracy of VA baseline model projections for health care expenditures for that fiscal year; and (2) report study results, during 2011 through 2013, to the congressional veterans, appropriations, and budget committees.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Jacob Sexton Military Suicide Prevention Act of 2013''. SEC. 2. PILOT PROGRAM ON ONLINE COMPUTERIZED ASSESSMENT TO ENHANCE DETECTION OF BEHAVIORS INDICATING A RISK OF SUICIDE AND OTHER MENTAL HEALTH CONDITIONS IN MEMBERS OF THE ARMED FORCES. (a) Findings.--Congress makes the following findings: (1) According to the Department of Veterans Affairs and the Centers for Disease Control and Prevention, at least 30,137 members of the Armed Forces and veterans have committed suicide since the Department of Defense began closely tracking these incidents in 2009. (2) In 2012 alone, approximately 349 members of the Armed Forces, including the National Guard and Reserve, committed suicide, which is more than the total number of members who died in combat operations in 2012. This number does not include the more than 6,000 veterans who committed suicide in 2012. (3) During a March 21, 2013, hearing of the Committee on Armed Services of the House of Representatives, Jacqueline Garrick, acting director of the Defense Suicide Prevention Office of the Department of Defense (DPSO), stated that ``[l]ess than half [of the suicide victims] had deployed, and few were involved in combat''. This statement is consistent with current research, which has shown other risk factors, such as relationships, legal or financial issues and alcohol or drug usage play a larger role than a member's deployment history. Garrick also told the Committee that many of these suicidal victims did not communicate their intent, nor did they have known behavioral health histories. (b) Sense of Congress.--It is the sense of Congress that, as the United States draws down combat operations in Afghanistan, the Department of Defense should continue to seek to identify tools to assist in the identification of behavior indicating a risk suicide in members of the Armed Forces. (c) Pilot Program Required.--The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of using an online computerized assessment to assist the Department of Defense in detecting behaviors in members of the Armed Force that indicate a risk of suicide or other mental health conditions. (d) Participating Members.--The Secretary shall carry out the pilot program using the following, as selected by the Secretary at random for purposes of the pilot program: (1) 1,000 members of the regular component of the Army. (2) 1,000 members of the regular component of the Navy. (3) 1,000 members of the regular component of the Air Force. (4) 1,000 members of the regular component of the Marine Corps. (5) 500 members of the Army Reserve. (6) 500 members of the Army National Guard of the United States. (7) 500 members of the Navy Reserve. (8) 500 members of the Air Force Reserve. (9) 500 members of the Air National Guard of the United States. (10) 500 members of Marine Corps Reserve. (e) Online Computerized Assessments.-- (1) In general.--In carrying out the pilot program, the Secretary shall require each member of the Armed Forces selected to participate in the pilot program to undertake two online computerized assessments. (2) Elements.--The assessments under this subsection shall be designed to obtain such information on behaviors that indicate a risk of suicide or other mental health conditions as the Secretary shall include in the assessments for purposes of the pilot program, including, but not limited to, work performance, use and abuse of alcohol and other substances, financial matters, and relationship and social matters. (3) Timing.--The assessments under this subsection shall be undertaken by a member at the same time the member undertakes each of the first two annual periodic health assessments (PHAs) in connection with service in the Armed Forces that are required of the member by the Department after the selection of the member for participation in the pilot program. (f) Command Questionnaires.-- (1) In general.--At the same time a member of the Armed Forces undertakes an online computerized assessment under subsection (e), the member of the Armed Forces first superior to such member in the chain of command shall undertake a questionnaire on the behavior of such member, including, but not limited to, behavior that indicates a risk of suicide or other mental health conditions. (2) Elements.--The questionnaires under this subsection shall be designed to obtain information on the members covered by the questionnaires so as to verify the accuracy of the information provided by such members in undertaking assessments under subsection (e). (g) Referral.--As part of pilot program, the Secretary shall ensure that any member of the Armed Forces determined to have behavior indicating a risk of suicide or another mental health condition is referred to an appropriate mental health care provider for further assessment, care, and services in accordance with applicable procedures. (h) Control Groups.--In carrying out the pilot program, the Secretary shall establish one or more control groups whose behavior and experiences during the course of the pilot program permit comparison with the behavior and experiences of members participating in the pilot program. Each control group shall consist of such members of the Armed Forces as the Secretary shall identify for purposes of the pilot program. (i) Privacy Matters.-- (1) In general.--The privacy of any medical or other information obtained on members of the Armed Forces under this section shall be protected in accordance with the laws on privacy applicable to such information. (2) Prohibition on certain uses.--No information obtained on a member under this section may be used in determining the promotion or advancement of the member or any other benefit for which the member may be eligible. (3) Exclusion of personally identifiable information from reports.--No personally identifiable information on members may be included in any report under subsection (j). (j) Report.-- (1) Report required.--Not later than 180 days after the date on which all the members of the Armed Forces participating in the pilot program have completed both of the online computerized assessments required by subsection (e) for purposes of the pilot program, the Secretary shall submit to the appropriate committees of Congress a report on the pilot program. (2) Elements.--The report under paragraph (1) shall include the following: (A) A description of the pilot program, including a detailed description of the assessments used for purposes of subsection (e) and the questionnaires used for purposes of subsection (f). (B) A summary of the various behaviors detected through the assessments and questionnaires. (C) A description of the number of members identified as being at risk of suicide or other mental health conditions, and an assessment of the correlation between the risks identified and the various behaviors detected. (D) If care and services were provided to members pursuant to subsection (g), a description of such care and services and an assessment of the effectiveness of such care and services. (E) A description of the number of members participating in the pilot program who committed suicide. (F) A description of the control groups established pursuant to subsection (h), and a comparative analysis of the behavior and experiences of members of such control groups during the pilot program with the behavior and experiences of members participating in the pilot program, including on matters relating to suicidal ideations, suicides attempted, and suicides committed. (G) A comparative analysis of the rate of suicide among members participating in the pilot program, members of the control groups established pursuant to subsection (h), and the general population of each of the Armed Forces. (H) Such recommendations for extension or expansion of the pilot program as the Secretary considers appropriate in light of the pilot program, including recommendations on the feasibility and advisability of incorporating the online computerized assessments under the pilot program in the online questionnaire of the annual periodic health assessments (PHA) in connection with service in the Armed Forces that are required by the Department. (k) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.
Jacob Sexton Military Suicide Prevention Act of 2013 - Expresses the sense of Congress that, as the United States draws down combat operations in Afghanistan, the Department of Defense (DOD) should continue to seek to assist in the identification of behavior indicating a risk of suicide in members of the Armed Forces (members). Directs the Secretary of Defense to carry out a pilot program to assess the feasibility and advisability of using an online computerized assessment to assist DOD in detecting behaviors in members that indicate a risk of suicide or other mental health conditions. Requires: (1) 1,000 members of each regular component and 500 members of each reserve and National Guard component to be used in the pilot program, and (2) each participating member to complete two assessments. Requires the first superior officer of each participating member to also complete a computerized assessment on the behavior of that member as it relates to the risk of suicide or other mental health conditions. Requires each member determined under the pilot program to have behavior indicating a risk of suicide or other mental health conditions to be referred to an appropriate mental health care provider for further assessment, care, and services. Directs the Secretary to establish one or more control groups whose behavior permit comparison with the behavior and experiences of the participants. Provides for the privacy of any medical or other information obtained under the pilot program. Prohibits information obtained from being used in determining the promotion or advancement of the member. Excludes the use of participant personally identifiable information in any required report.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Army Arsenal Revitalization Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code. (2) Legacy items.--The term ``legacy items'' means manufactured items that are no longer produced by the private sector but continue to be used for Department of Defense weapons systems, excluding information technology and information systems (as those terms are defined in section 11101 of title 40, United States Code). (3) Organic industrial base.--The term ``organic industrial base'' means United States military facilities that advance a vital national security interest by producing necessary materials, munitions, and hardware, including arsenals and depots. SEC. 3. USE OF ARSENALS TO MANUFACTURE CERTAIN ITEMS. (a) Production of Legacy Items.-- (1) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Logistics Agency shall submit to the congressional defense committees a report listing all legacy items used by the Department of Defense with a contract value equal to or greater than $5,000,000. (2) Production requirement.--The Secretary of Defense shall use Army arsenals for the production of all legacy items identified in the report submitted under paragraph (1). (b) Use of Sole Source Contracts for Certain Items.-- (1) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report listing all sole source contracts for the procurement of manufactured items the lack of which would constitute a critical national security issue for the Department of Defense. (2) Competition requirement.--The Secretary of Defense shall establish Army arsenals as a second source for production of any manufactured item included in the report submitted under paragraph (1). (c) Report on Equipment Purchased Under Domestic Sole Source Contracts.-- (1) Report.--Not later than March 30, 2017, the Secretary of Defense shall submit to the congressional defense committees a report containing a list of each contract awarded by the Department of Defense during fiscal years 2011 through 2015 using procedures other than competitive procedures for the procurement of equipment, weapons, weapons systems, components, subcomponents, or end-items with a contract value equal to or greater than $3,000,000. (2) Elements.--The report under paragraph (1) shall include, for each contract listed, the following information: (A) An identification of the items purchased under the contract. (B) The rationale for using an exception or waiver to award the contracts using procedures other than competitive procedures. (C) A list of potential alternative manufacturing sources from the public and private sector that could be developed to establish competition for those items. SEC. 4. USE OF ORGANIC INDUSTRIAL BASE TO ADDRESS DIMINISHING MANUFACTURING SOURCES AND MATERIAL SHORTAGES. (a) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report detailing plans to update and improve its guidance and practices on Diminishing Manufacturing Sources and Material Shortages (DMSMS), including through the use of the organic industrial base as a resource in the implementation of a DMSMS management plan. (b) Guidance Regarding Use of Organic Industrial Base.--The Secretary of the Army shall maintain the arsenals with sufficient workloads to ensure affordability and technical competence in all critical capability areas by establishing, not later than March 30, 2017, clear, step-by-step, prescriptive guidance on the process for conducting make-or-buy analyses, including the use of the organic industrial base. (c) Identification of Army Arsenal Critical Capabilities and Minimum Workloads.-- (1) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that-- (A) includes a standardized, consistent method to use for identifying the critical capabilities and minimum workloads of the Army arsenals; (B) provides analysis on the critical capabilities and minimum workloads for each of the manufacturing arsenals; and (C) identifies fundamental elements, such as steps, milestones, timeframes, and resources for implementing the United States Army Organic Industrial Base Strategic Plan 2012-2022. (2) Guidance.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to implement the process for identifying the critical capabilities of the Army's manufacturing arsenals and the method for determining the minimum workload needed to sustain these capabilities. SEC. 5. AUTHORITY TO ADJUST LABOR RATES TO REFLECT WORK PRODUCTION. (a) Pilot Program.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a three-year pilot program for the purpose of permitting Army arsenals to adjust their labor rates periodically throughout the year based upon changes in workload and other factors. (b) Annual Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that assesses-- (1) each Army arsenal's changes in labor rates throughout the previous year; (2) the ability of each arsenal to meet the costs of their working capital funds; and (3) the effect on arsenal workloads of labor rate changes.
Army Arsenal Revitalization Act of 2016 This bill requires the Defense Logistics Agency to report to Congress regarding Department of Defense (DOD) legacy items with a contract value equal to $5 million or more. DOD shall use Army arsenals for the production of these legacy items. DOD shall: (1) report to Congress listing all sole source contracts for the procurement of manufactured items the lack of which would constitute a critical national security issue, and (2) establish Army arsenals as a second source for production of any such manufactured item. DOD shall report to Congress regarding: DOD contracts awarded during FY2011-FY2015 using noncompetitive procedures for the procurement of equipment, weapons, weapons systems, and components with a contract value of $3 million or more; plans to update practices on Diminishing Manufacturing Sources and Material Shortages (DMSMS), including through the use of the organic industrial base as a resource in the implementation of a DMSMS management plan; and critical capabilities and minimum workloads of the Army arsenals, and fundamental elements for implementing the United States Army Organic Industrial Base Strategic Plan 2012-2022. DOD shall establish a three-year pilot program to permit Army arsenals to adjust their labor rates periodically throughout the year based upon changes in workload and other factors.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive TB Elimination Act of 2018''. SEC. 2. NATIONAL STRATEGY FOR COMBATING AND ELIMINATING TUBERCULOSIS. (a) In General.--Section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is amended-- (1) in subsection (a)-- (A) by striking ``The Secretary'' and inserting the following: ``(1) Grants.--The Secretary''; and (B) by adding at the end the following: ``(2) Priority.--In making grants under this subsection, the Secretary may give priority to awarding grants to State health departments proposing to focus on the prevention, control, and elimination of tuberculosis in high-risk populations, including foreign-born, homeless, incarcerated, HIV-tuberculosis coinfected, and medically underserved populations.''; (2) in subsection (b)-- (A) in paragraph (3)-- (i) in subparagraph (C), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; and (ii) by redesignating subparagraphs (A) through (F) as clauses (i) through (vi), respectively, and adjusting the margins accordingly; (B) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and adjusting the margins accordingly; (C) in the matter preceding subparagraph (A), as so redesignated, by striking ``With respect to'' and inserting the following: ``(1) In general.--With respect to''; and (D) by striking subparagraph (B), as so redesignated, and inserting the following: ``(B) Research, investigations, experiments, demonstrations, and studies in the health sciences that are related to-- ``(i) the development of new therapeutics, including vaccines and antimicrobial drugs, to prevent and treat tuberculosis; ``(ii) novel therapeutics for special populations, including pediatric populations, immunosuppressed individuals, and pregnant women; ``(iii) the development or testing of medical diagnostics to detect tuberculosis; ``(iv) public health interventions to address the epidemiology, mechanisms, and pathogenesis of tuberculosis, such as directly observed therapy and non-pharmaceutical intervention; ``(v) methods to enhance detection and response to outbreaks of tuberculosis, including multidrug resistant tuberculosis; and ``(vi) other relevant research areas.''; (E) in subparagraph (C), as so redesignated-- (i) by redesignating clause (vi), as so redesignated, as clause (vii); (ii) in clause (v), as so redesignated, by striking ``; and'' and inserting ``;''; and (iii) by inserting after clause (v), as so redesignated, the following: ``(vi) the intensification of efforts to prevent, detect, and treat latent tuberculosis; and''; (F) in subparagraph (D), as so redesignated, by inserting before the period the following: ``, including public awareness campaigns and development of educational, risk, and media communications.''; (G) in subparagraph (F), as so redesignated, by striking ``paragraphs (1) through (4)'' and inserting ``subparagraphs (A) through (D)''; and (H) by adding at the end the following: ``(2) Selection.--In carrying out the activities described in paragraph (1), the Secretary-- ``(A) is encouraged to give priority to programmatically relevant research so that new tools can be utilized in public health practice; and ``(B) may seek input from the Biomedical Advanced Research and Development Authority in identifying novel candidates to utilize in the efforts under this subsection to prevent, diagnose, and control tuberculosis.''; (3) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; (4) by inserting after subsection (b) the following-- ``(c) Grants for Coordination of Programs and Services for Prevention, Diagnosis, and Treatment.-- ``(1) Grants.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may award grants to State and local governments and Federally qualified health centers for coordinating the programs and services of such States, governments, and centers to ensure timely and appropriate prevention, risk-based screening, diagnosis, and treatment of latent and active tuberculosis. ``(2) Definition.--In this subsection, the term `Federally qualified health center' has the meaning given to such term in section 1861(aa) of the Social Security Act.''; (5) in subsections (d), (e), and (f), as so redesignated, by striking ``(a) or (b)'' each place it appears and inserting ``(a), (b), or (c)''; (6) in subsection (g)(4), as so redesignated, by adding at the end the following: ``(C) Report to congress.--The Secretary is encouraged to make the reports under subparagraph (A), or other publications relevant to domestic tuberculosis surveillance, publicly available on the Internet website of the Centers for Disease Control and Prevention and disseminate such information to stakeholders.''; (7) in subsection (h), as so redesignated-- (A) in paragraph (1)-- (i) by striking ``research into new tools under subsection (b)(2)'' and inserting ``the research, investigations, experiments, demonstrations, and studies in health science under subsection (b)(1)(B)''; and (ii) by inserting ``ensuring access to the products developed as a result of such research, investigations, experiments, demonstrations, and studies and'' after ``advice regarding''; and (B) in paragraph (3)-- (i) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (ii) by inserting after subparagraph (C) the following: ``(D) members of the Biomedical Advanced Research and Development Authority;''; and (8) in subsection (i)(1)(A), as so redesignated, by striking ``$200,000,000'' and all that follows through the period and inserting ``$142,200,000 for fiscal year 2018, $195,700,000 for fiscal year 2019, $225,000,000 for fiscal year 2020, $236,250,000 for fiscal year 2021, $248,062,500 for fiscal year 2022, and $260,465,625 for fiscal year 2023.''. (b) NIH Tuberculosis Activities.--Section 424C(b) of the Public Health Service Act (42 U.S.C. 285b-7c(b)) is amended by striking paragraph (1) and inserting the following: ``(1) enhancing basic, clinical, and operational research on tuberculosis, including with respect to-- ``(A) drug-resistant tuberculosis; ``(B) infection with tuberculosis and latency and progression of tuberculosis; and ``(C) pediatric tuberculosis;''. SEC. 3. GAO STUDY. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall issue a report on the coordination of efforts in the United States to-- (1) prevent, control, and eliminate tuberculosis; and (2) implement the activities under section 317E of the Public Health Service Act (42 U.S.C. 247b-6), as amended by this Act, and the National Action Plan for Combating Multidrug- Resistant Tuberculosis, issued in December 2015.
Comprehensive TB Elimination Act of 2018 This bill amends the Public Health Service Act to reauthorize for FY2018-FY2023 and revise the tuberculosis (TB) prevention and treatment grant program administered by the Centers for Disease Control and Prevention. The Health Resources and Services Administration may also award grants to state and local governments and federally-qualified health centers for TB prevention and treatment efforts. Additionally, the Government Accountability Office must report on national TB prevention and treatment efforts.
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SECTION 1. HIGH-PERFORMANCE COMPUTING RESEARCH AND DEVELOPMENT PROGRAM. Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended-- (1) in the title heading, by striking ``AND THE NATIONAL RESEARCH AND EDUCATION NETWORK'' and inserting ``RESEARCH AND DEVELOPMENT''; (2) in section 101(a)-- (A) by striking subparagraphs (A) and (B) of paragraph (1) and inserting the following: ``(A) provide for long-term basic and applied research on high-performance computing; ``(B) provide for research and development on, and demonstration of, technologies to advance the capacity and capabilities of high-performance computing and networking systems; ``(C) provide for sustained access by the research community in the United States to high-performance computing systems that are among the most advanced in the world in terms of performance in solving scientific and engineering problems, including provision for technical support for users of such systems; ``(D) provide for efforts to increase software availability, productivity, capability, security, portability, and reliability; ``(E) provide for high-performance networks, including experimental testbed networks, to enable research and development on, and demonstration of, advanced applications enabled by such networks; ``(F) provide for computational science and engineering research on mathematical modeling and algorithms for applications in all fields of science and engineering; ``(G) provide for the technical support of, and research and development on, high-performance computing systems and software required to address Grand Challenges; ``(H) provide for educating and training additional undergraduate and graduate students in software engineering, computer science, computer and network security, applied mathematics, library and information science, and computational science; and ``(I) provide for improving the security of computing and networking systems, including Federal systems, including research required to establish security standards and practices for these systems.''; (B) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (C) in paragraph (2), as so redesignated by subparagraph (B) of this paragraph-- (i) by striking subparagraph (B); (ii) by redesignating subparagraphs (A) and (C) as subparagraphs (D) and (F), respectively; (iii) by inserting before subparagraph (D), as so redesignated by clause (ii) of this subparagraph, the following new subparagraphs: ``(A) establish the goals and priorities for Federal high- performance computing research, development, networking, and other activities; ``(B) establish Program Component Areas that implement the goals established under subparagraph (A), and identify the Grand Challenges that the Program should address; ``(C) provide for interagency coordination of Federal high- performance computing research, development, networking, and other activities undertaken pursuant to the Program;''; and (iv) by inserting after subparagraph (D), as so redesignated by clause (ii) of this subparagraph, the following new subparagraph: ``(E) develop and maintain a research, development, and deployment roadmap for the provision of high-performance computing systems under paragraph (1)(C); and''; and (D) in paragraph (3), as so redesignated by subparagraph (B) of this paragraph-- (i) by striking ``paragraph (3)(A)'' and inserting ``paragraph (2)(D)''; (ii) by amending subparagraph (A) to read as follows: ``(A) provide a detailed description of the Program Component Areas, including a description of any changes in the definition of or activities under the Program Component Areas from the preceding report, and the reasons for such changes, and a description of Grand Challenges supported under the Program;''; (iii) in subparagraph (C), by striking ``specific activities'' and all that follows through ``the Network'' and inserting ``each Program Component Area''; (iv) in subparagraph (D), by inserting ``and for each Program Component Area'' after ``participating in the Program''; (v) in subparagraph (D), by striking ``applies;'' and inserting ``applies; and''; (vi) by striking subparagraph (E) and redesignating subparagraph (F) as subparagraph (E); and (vii) in subparagraph (E), as so redesignated by clause (vi) of this subparagraph, by inserting ``and the extent to which the Program incorporates the recommendations of the advisory committee established under subsection (b)'' after ``for the Program''; (3) by striking subsection (b) of section 101 and inserting the following: ``(b) Advisory Committee.--(1) The President shall establish an advisory committee on high-performance computing consisting of non- Federal members, including representatives of the research, education, and library communities, network providers, and industry, who are specially qualified to provide the Director with advice and information on high-performance computing. The recommendations of the advisory committee shall be considered in reviewing and revising the Program. The advisory committee shall provide the Director with an independent assessment of-- ``(A) progress made in implementing the Program; ``(B) the need to revise the Program; ``(C) the balance between the components of the Program, including funding levels for the Program Component Areas; ``(D) whether the research and development undertaken pursuant to the Program is helping to maintain United States leadership in high-performance computing and networking technology; and ``(E) other issues identified by the Director. ``(2) In addition to the duties outlined in paragraph (1), the advisory committee shall conduct periodic evaluations of the funding, management, coordination, implementation, and activities of the Program, and shall report not less frequently than once every two fiscal years to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on its findings and recommendations. The first report shall be due within one year after the date of enactment of this paragraph. ``(3) Section 14 of the Federal Advisory Committee Act shall not apply to the advisory committee established by this subsection.''; and (4) in section 101(c)(1)(A), by striking ``Program or'' and inserting ``Program Component Areas or''. SEC. 2. DEFINITIONS. Section 4 of the High-Performance Computing Act of 1991 (15 U.S.C. 5503) is amended-- (1) in paragraph (2), by inserting ``and multidisciplinary teams of researchers'' after ``high-performance computing resources''; (2) in paragraph (3)-- (A) by striking ``scientific workstations,''; (B) by striking ``(including vector supercomputers and large scale parallel systems)''; (C) by striking ``and applications'' and inserting ``applications''; and (D) by inserting ``, and the management of large data sets'' after ``systems software''; (3) in paragraph (4), by striking ``packet switched''; (4) by striking ``and'' at the end of paragraph (5); (5) by striking the period at the end of paragraph (6) and inserting ``; and''; and (6) by adding at the end the following new paragraph: ``(7) `Program Component Areas' means the major subject areas under which are grouped related individual projects and activities carried out under the Program.''. Passed the House of Representatives March 12, 2007. Attest: LORRAINE C. MILLER, Clerk.
Amends the High-Performance Computing Act of 1991 to revise program requirements for the National High-Performance Computing Program. Requires the Director of the Office of Science and Technology Policy to: (1) establish the goals and priorities for federal high-performance computing research, development, networking, and other activities; (2) establish Program Component Areas that implement such goals and identify the Grand Challenges (i.e., fundamental problems in science or engineering, with broad economic and scientific impact, whose solutions will require the application of high-performance computing resources) that the Program should address; and (3) develop and maintain a research, development, and deployment road map for the provision of high-performance computing systems. Revises requirements for annual reports by requiring that such reports: (1) describe Program Component Areas, including any changes in the definition of or activities under such Areas and the reasons for such changes, and describe Grand Challenges supported under the Program; (2) describe the levels of Federal funding and the levels proposed for each Program Component Area; (3) describe the levels of Federal funding for each agency and department participating in the Program for each such Area; and (4) include an analysis of the extent to which the Program incorporates the recommendations of the advisory committee on high-performance computing. Eliminates the requirement for inclusion of reports on Department of Energy activities taken to carry out the National High-performance Computing Program. Requires the advisory committee on high-performance computing to conduct periodic evaluations of the funding, management, coordination, implementation, and activities of the Program, and to report at least once every two fiscal years to specified congressional committees. Prohibits applying provisions for the termination, renewal, and continuation of federal advisory committees under the Federal Advisory Committee Act to such advisory committee.
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SECTION 1. ELECTRONIC DATABASE OF INFORMATION ON THE INCIDENCE OF SUICIDE AMONG MEMBERS OF THE ARMED FORCES. (a) Database Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Assistant Secretary of Defense for Health Affairs and in coordination with the Secretaries of the military departments, establish and maintain an electronic database on the incidence of suicide and attempted suicide among members of the Armed Forces on active duty, including the information specified in subsection (c). (b) Coverage of Demobilized Members of Reserve Components.--To the extent practicable, the members of the Armed Forces covered by the database required under subsection (a) shall include members of the National Guard and Reserve who are demobilized from active duty during the 720-day period beginning on the date of their demobilization. (c) Information.--The information to be included in the database required by subsection (a) shall include, to the extent practicable, the following: (1) For each Armed Force-- (A) the number of members on active duty who have attempted suicide; and (B) the number of members on active duty who have committed suicide. (2) For each member who commits or attempts suicide, the following: (A) The sex of the member. (B) The race or ethnicity of the member. (C) The Armed Force of the member. (D) The grade, military occupational specialty, duty status, and duty location of the member at the time of the attempt. (E) The physical location of the member at the time of the attempt. (F) A descriptive summary of any combat experience of the member, including the location of such experience, the intensity and duration of such experience, and the time between the last such experience and the attempt. (G) The highest level of education achieved by the member. (H) Any mental health condition, including Post- Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), or substance use disorder, diagnosed or otherwise detected in the member. (I) A descriptive summary of any previous psychological care or treatment received by the member for a condition under subparagraph (H) or another mental health condition. (J) A descriptive summary of any family history of the member of mental illness, suicide, or both. (K) A descriptive summary of any physical or sexual abuse suffered by the member. (L) A descriptive summary of any recent marital or other relationship difficulties of the member. (M) A descriptive summary of any recent disciplinary actions taken against the member. (N) A descriptive summary of any recent legal difficulties of the member. (O) A descriptive summary of any recent financial or employment difficulties of the member. (P) A description of any prior communications of suicidal intent by the member. (3) Such other information as the Secretary considers appropriate for purposes of the database. (d) Separate Information on Each Attempt.--Each attempted suicide of a member of the Armed Forces (whether or not completed) shall be treated as a separate attempt at suicide for purposes of subsection (c)(2). (e) Updates.--The database required by subsection (a) shall be updated on a continuing basis. (f) Reports.-- (1) Reports to congress.--Not later than 90 days after the establishment of the database required by subsection (a), and every 90 days thereafter, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth the following: (A) Aggregated data on the incidence of suicide among members of the Armed Forces on active duty. (B) An assessment of recent trends in suicides and attempted suicides among members of the Armed Forces on active duty. (2) Availability to public.--Each report under paragraph (1) shall be made available to the public through the Internet website of the Assistant Secretary of Defense for Health Affairs that is available to the public. (3) Protection of personal information.--The information in any report under paragraph (1) shall not include any personal information or personally-identifying information on any member of the Armed Forces covered by the database.
Directs the Secretary of Defense to establish and maintain an electronic database on the incidence of suicide and attempted suicide among members of the Armed Forces on active duty, as well as members of the National Guard and reserves who are demobilized from active duty. Requires: (1) regular reports from the Secretary to the congressional defense committees; and (2) such reports to be made available to the public (absent personally-identifying information).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear and Radiological Terrorism Threat Reduction Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) It is feasible for terrorists to obtain and to disseminate radioactive material using a radiological dispersion device (RDD), or by emplacing discrete radioactive sources in major public places. (2) It is not difficult for terrorists to improvise a nuclear explosive device of significant yield once they have acquired the fissile material, highly enriched uranium, or plutonium, to fuel the weapon. (3) An attack by terrorists using a radiological dispersion device, lumped radioactive sources, an improvised nuclear device (IND), or a stolen nuclear weapon is a plausible event. (4) Such an attack could cause catastrophic economic and social damage and could kill large numbers of Americans. (5) The first line of defense against both nuclear and radiological terrorism is preventing the acquisition of radioactive sources, special nuclear material, or nuclear weapons by terrorists. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. (2) Byproduct material.--The term ``byproduct material'' has the same meaning given the term in section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)). (3) IAEA.--The term ``IAEA'' means the International Atomic Energy Agency. (4) Independent states of the former soviet union.--The term ``independent states of the former Soviet Union'' has the meaning given the term in section 3 of the FREEDOM Support Act (22 U.S.C. 5801). (5) Nuclear explosive device.--The term ``nuclear explosive device'' means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). (6) Radiological dispersion device.--The term ``radiological dispersion device'' is any device meant to spread or disperse radioactive material by the use of explosives or otherwise. (7) Radioactive material.--The term ``radioactive material'' means-- (A) source material and special nuclear material, but does not include natural or depleted uranium; (B) nuclear by-product material; (C) material made radioactive by bombardment in an accelerator; and (D) all refined isotopes of radium. (8) Radioactive source.--The term ``radioactive source'' means radioactive material that is permanently sealed in a capsule or closely bonded and includes any radioactive material released if the source is leaking or stolen, but does not include any material within the nuclear fuel cycle of a research or power reactor. (9) Radioisotope thermal generator.--The term ``radioisotope thermal generator'' or ``RTG'' means an electrical generator which derives its power from the heat produced by the decay of a radioactive source by the emission of alpha, beta, or gamma radiation. The term does not include nuclear reactors deriving their energy from the fission or fusion of atomic nuclei. (10) Secretary.--The term ``Secretary'' means the Secretary of State. (11) Source material.--The term ``source material'' has the meaning given that term in section 11 z. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(z)). (12) Special nuclear material.--The term ``special nuclear material'' has the meaning given that term in section 11 aa. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)). SEC. 4. INTERNATIONAL REPOSITORIES. (a) Authority.--The Secretary, acting through the United States Permanent Representative to the IAEA, is authorized to propose that the IAEA conclude agreements with up to five countries under which each country would provide temporary secure storage for orphaned, unused, surplus, or other radioactive sources other than special nuclear material, nuclear fuel, or spent nuclear fuel. (b) Voluntary Contributions Authorized.-- (1) In general.--The Secretary is authorized to make a voluntary contribution to the IAEA to fund the United States share of the program authorized by subsection (a) if the IAEA agrees to protect sources under the standards of the United States or IAEA code of conduct, whichever is stricter. (2) Fiscal year 2003.--The United States share of the costs of the program described in subsection (a) is authorized to be 100 percent for fiscal year 2003. (c) Technical Assistance.--The Secretary is authorized to provide the IAEA, through contracts with the Department of Energy or the Nuclear Regulatory Commission, with technical assistance to carry out the program described in subsection (a). (d) Nonapplicability of NEPA.--The National Environmental Policy Act shall not apply to any activity conducted under this section. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated for the Department of State $5,000,000 for fiscal year 2003 and $20,000,000 for each fiscal year thereafter to carry out this section. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 5. RADIOACTIVE SOURCE DISCOVERY, INVENTORY, AND RECOVERY. (a) Authority.--The Secretary is authorized to make United States voluntary contributions to the IAEA to support a program to promote radioactive source discovery, inventory, and recovery. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of State $5,000,000 for each of the fiscal years 2003 through 2012 to carry out subsection (a). (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 6. RADIOISOTOPE THERMAL GENERATOR-POWERED FACILITIES IN THE INDEPENDENT STATES OF THE FORMER SOVIET UNION. (a) RTG Power Units.--The Secretary is authorized to assist the Government of the Russian Federation to substitute solar (or other non- nuclear) power sources to replace RTG power units operated by the Russian Federation and other independent states of the former Soviet Union in applications such as lighthouses in the Arctic, remote weather stations, unattended sensors, and for providing electricity in remote locations. Any replacement shall, to the maximum extent practicable, be based upon tested technologies that have operated for at least one full year in the environment where the replacement will be used. (b) Allocation of Funds.--Of the funds made available to carry out this section, the Secretary may use not more than 20 percent of the funds in any fiscal year to replace dangerous RTG facilities that are similar to those described in subsection (a) in countries other than the independent states of the former Soviet Union. (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of State $10,000,000 for each of the fiscal years 2003, 2004, and 2005 to carry out this section. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 7. FOREIGN FIRST RESPONDERS. (a) In General.--The Secretary is authorized to conclude an agreement with a foreign country, or, acting through the United States Permanent Representative to the IAEA, to propose that the IAEA conclude an agreement with that country, under which that country will carry out a program to train first responders to-- (1) detect, identify, and characterize radioactive material; (2) understand the hazards posed by radioactive contamination; (3) understand the risks encountered at various dose rates; (4) enter contaminated areas safely and speedily; and (5) evacuate persons within a contaminated area. (b) United States Participation.--The Department of State is hereby designated as the lead Federal entity for cooperation with the IAEA in implementing subsection (a) within the United States. In carrying out activities under this subsection the Secretary of State shall take into account the findings of the threat assessment report required by section 8 and the location of the interim storage facilities under section 4. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Department of State $2,000,000 for fiscal year 2003, $5,000,000 for fiscal year 2004, and $5,000,000 for fiscal year 2005 to carry out this section. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 8. THREAT ASSESSMENT REPORT. (a) In General.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees-- (1) detailing the preparations made at United States diplomatic missions abroad to detect and mitigate a radiological attack on United States missions and other United States facilities under the control of the Secretary; and (2) setting forth a rank-ordered list of the Secretary's priorities for improving radiological security and consequence management at United States missions, including a rank-ordered list of the missions where such improvement is most important. (b) Budget Request.--The report shall also include a proposed budget for the improvements described in subsection (a)(2). (c) Form of Submission.--The report shall be unclassified with a classified annex if necessary. SEC. 9. SPECIAL REPRESENTATIVE FOR INSPECTIONS OF NUCLEAR AND RADIOLOGICAL MATERIALS. Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following new subsection: ``(h) Special Representative for Inspections of Nuclear and Radiological Materials.-- ``(1) Establishment of position.--There shall be within the Bureau of the Department of State primarily responsible for nonproliferation matters a Special Representative for Inspections of Nuclear and Radiological Materials (in this subsection referred to as the `Special Representative'), who shall be appointed by the President, by and with the advice and consent of the Senate. The Special Representative shall have the rank and status of ambassador. ``(2) Responsibilities.--The Special Representative shall have the primary responsibility within the Department of State for assisting the Secretary of State in negotiating international agreements that ensure inspection of cargoes of nuclear and radiological materials destined for the United States at ports of embarkation, and such other agreements as may control radioactive materials. ``(3) Cooperation with united states customs service.--In carrying out the negotiations described in paragraph (2), the Special Representative shall cooperate with, and accept the assistance and participation of, appropriate officials of the United States Customs Service.''. SEC. 10. RESEARCH AND DEVELOPMENT GRANTS. (a) In General.--Subject to the availability of appropriations, there is established a program under which the Director of the National Science Foundation shall award grants for university-based research into the detection of fissile materials, identification of radioactive isotopes in real time, the protection of sites from attack by radiological dispersion device, mitigation of consequences of such an attack, and attribution of materials used in attacks by radiological dispersion device or by improvised nuclear devices. Such grants shall be available only to investigators at baccalaureate and doctoral degree granting academic institutions. In carrying out the program, the Director of the National Science Foundation shall consult about this program with the Secretary of Energy in order to minimize duplication and increase synergies. The consultation shall also include consideration of the use of the Department of Energy to develop promising basic ideas into field-ready hardware. The Secretary of Energy shall work with the national laboratories and industry to develop field-ready prototype detectors. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the National Science Foundation $10,000,000, and to the Department of Energy $5,000,000, to carry out this section in fiscal years 2003 through 2008. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 11. STUDY AND REPORTS BY THE NATIONAL ACADEMY OF SCIENCES. (a) Study.--Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Chairman of the Nuclear Regulatory Commission, acting through a contract with the National Academy of Sciences, shall conduct a study of the use of radioactive sources in industry and of potential substitutes for those sources. (b) Reports.--Not later than six months after entry into the contract referred to in subsection (a), the National Academy of Sciences shall submit an initial report to the Secretary and the appropriate congressional committees and, not later than three months after submission of the initial report, shall submit to the Secretary and those committees a final report.
Nuclear and Radiological Terrorism Threat Reduction Act of 2002 - Authorizes the Secretary of State to propose that the International Atomic Energy Agency (IAEA) conclude agreements with up to five countries under which each country would provide temporary secured storage for orphaned, unused, surplus, or other radioactive material sources other than special nuclear material, nuclear fuel, or spent nuclear fuel.Authorizes the Secretary to: (1) make U.S. voluntary contributions to the IAEA for a program to provide radioactive source discovery, inventory, and recovery; (2) assist the Government of the Russian Federation to substitute solar power sources to replace radioisotope thermal generator powered units operated by the Federation and other independent states of the former Soviet Union in applications such as lighthouses, remote weather stations, unattended sensors, and remote electricity; and (3) conclude an agreement under which a foreign country would train first responders in the detection and characterization of radioactive material and contaminated areas.Amends the State Department Basic Authorities Act of 1956 to establish a Special Representative for Inspections of Nuclear and Radiological Materials for negotiating international agreements that ensure inspection of cargoes of nuclear and radiological materials destined for the United States.Establishes a program of research and development grants concerning the detection and identification of fissile and radioactive materials.Requires a study of the use of radioactive sources in industry and of potential substitutes for those sources.
{"src": "billsum_train", "title": "A bill to authorize the Secretary of State to undertake measures in support of international programs to detect and prevent acts of nuclear or radiological terrorism, to authorize appropriations to the Department of State to carry out those measures, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``FEMA Reauthorization Act of 2017''. SEC. 2. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY. Section 699 of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295; 6 U.S.C. 811) is amended-- (1) by striking ``administration and operations'' each place it appears and inserting ``management and administration''; (2) in paragraph (2), by striking ``; and''; (3) in paragraph (3), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(4) for fiscal year 2018, $1,049,000,000; ``(5) for fiscal year 2019, $1,065,784,000; and ``(6) for fiscal year 2020, $1,082,836,544.''. SEC. 3. COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator shall begin, acting through the National Advisory Council, a comprehensive study relating to disaster costs and losses and Federal disaster assistance. (b) Additional Membership.--For the purposes of the comprehensive study required under subsection (a), as soon as practicable after the date of enactment of this Act, the Administrator shall appoint the following members to the National Advisory Council: (1) Individuals who have the requisite technical knowledge and expertise on issues related to disaster costs and losses. (2) Representatives of the insurance industry. (3) Experts in and representatives of the construction and building industry. (4) Individuals nominated by national organizations representing State, local, and tribal governments and personnel. (5) Academic experts. (6) Representatives of the private industry, such as vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency management services. (7) Other members, as the Administrator considers appropriate. (c) Consultation With Nonmembers.--For the purposes of the comprehensive study required under subsection (a), the National Advisory Council shall consult with other relevant agencies and entities that are not represented on the National Advisory Council to consider research, data, findings, recommendations, innovative technologies and developments, including-- (1) entities engaged in federally funded research; and (2) academic institutions engaged in relevant work and research. (d) Study Requirements.--Not later than 120 days after the date of enactment of this Act, the National Advisory Council shall convene to evaluate disaster costs and losses and Federal disaster assistance, including consideration of the following: (1) Trends and contributing factors.--An assessment of trends, and factors contributing to such trends (such as shifting demographics and aging infrastructure), in disaster costs and losses and Federal disaster assistance, including the following: (A) Loss of life and injury. (B) Property damage and other costs to individuals, the private sector, and each level of government. (C) Presidentially declared disasters. (D) Disaster assistance available from all Federal sources. (2) Disaster roles and responsibility.--Fundamental principles that drive national disaster assistance decision making, including the appropriate roles for each level of government, the private sector, and individuals. (e) Recommendations.--The National Advisory Council shall develop recommendations to reduce disaster costs and losses in the United States and to more efficiently and effectively deliver Federal disaster assistance, including consideration of the following: (1) Actions to enhance national disaster assistance decision making. (2) Incentives, including tax incentives, to reduce disaster costs and losses and promote a more efficient and effective use of Federal disaster assistance. (3) Mechanisms to promote disaster cost and loss reduction, mitigation, and resiliency. (4) Legislative proposals, including proposals for implementing the recommendations in the report compiled pursuant to the requirement in section 1111 of the Sandy Recovery Improvement Act of 2013 (Public Law 113-2; 127 Stat. 49). (5) Legal, societal, geographic, technological, and other challenges to implementation of recommendations. (6) Projected dollar savings and efficiencies, including measures of effectiveness, from recommendations. (f) Report to Administrator and Congress.--Not later than 1 year after the National Advisory Council convenes under subsection (d), the National Advisory Council shall submit a report containing the data, analysis, and recommendations developed under subsections (d) and (e) to-- (1) the Administrator; (2) the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Homeland Security and Governmental Affairs of the Senate. (g) Availability of Information.--The Administrator shall make the data collected pursuant to this section publicly available on the website of the Agency. SEC. 4. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM. Section 1204 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is amended-- (1) in subsection (d) by striking paragraphs (1) and (2) and inserting the following: ``(1) for the Center for Domestic Preparedness-- ``(A) $63,939,000 for fiscal year 2018; ``(B) $64,962,024 for fiscal year 2019; and ``(C) $66,001,416 for fiscal year 2020; and ``(2) for the members referred to in paragraphs (2) through (7) of subsection (b)-- ``(A) $101,000,000 for fiscal year 2018; ``(B) $102,606,000 for fiscal year 2019; and ``(C) $104,247,856 for fiscal year 2020.''; and (2) in subsection (e) in the matter preceding paragraph (1), by striking ``2007'' and inserting ``2015''. SEC. 5. NATIONAL PREPARATION AND RESPONSE EFFORTS RELATING TO EARTHQUAKES AND TSUNAMIS. The Administrator of the Federal Emergency Management Agency shall be responsible for the Nation's efforts to reduce the loss of life and property, and to protect the Nation, from an earthquake, tsunami, or combined earthquake and tsunami event by developing the ability to prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to such an event. SEC. 6. AUTHORITIES. Notwithstanding any other provision of law, the non-federally funded actions of private parties, State, local, or Tribal governments, on State, local, Tribal, and private land, and the effects of those actions, shall not be attributed to the Federal Emergency Management Agency's actions under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.), the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle A of title II of division F of Public Law 112-141; 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020) for the purposes of section 7 (16 U.S.C. 1536) and section 9 (16 U.S.C. 1538) of the Endangered Species Act. Actions taken under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, the Biggert Waters Flood Insurance Reform Act of 2012, and the Homeowner Flood Insurance Affordability Act of 2014, that may influence private actions do not create a Federal nexus for the purpose of applying the requirements of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536). SEC. 7. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY MANAGEMENT. (a) Homeland Security Act of 2002.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 501 et seq.) is amended-- (1) in section 501(8) (6 U.S.C. 311(8))-- (A) by striking ``National Response Plan'' each place it appears and inserting ``National Response Framework''; and (B) by striking ``502(a)(6)'' and inserting ``504(a)(6)''; (2) in section 503(b)(2)(A) (6 U.S.C. 313) by inserting ``and incidents impacting critical infrastructure'' before the semicolon; (3) in section 504(a) (6 U.S.C. 314(a))-- (A) in paragraph (3) by striking ``, including--'' and inserting ``(that includes incidents impacting critical infrastructure), including--''; (B) in paragraph (4) by inserting ``, including incidents impacting critical infrastructure'' before the semicolon; (C) in paragraph (5) by striking ``and local'' and inserting ``local, and tribal''; (D) in paragraph (6) by striking ``national response plan'' and inserting ``national response framework, which shall be reviewed and updated as required but not less than every 5 years''; (E) by redesignating paragraphs (7) through (21) as paragraphs (8) through (22), respectively; (F) by inserting after paragraph (6) the following: ``(7) developing integrated frameworks, to include consolidating existing Government plans addressing prevention, protection, mitigation, and recovery with such frameworks reviewed and updated as required, but not less than every 5 years;''; and (G) in paragraph (14), as redesignated, by striking ``National Response Plan'' each place it appears and inserting ``National Response Framework''; (4) in section 507 (6 U.S.C. 317)-- (A) in subsection (c)-- (i) in paragraph (2)(E), by striking ``National Response Plan'' and inserting ``National Response Framework''; and (ii) in paragraph (3)(A), by striking ``National Response Plan'' and inserting ``National Response Framework''; and (B) in subsection (f)(1)(G), by striking ``National Response Plan'' and inserting ``National Response Framework''; (5) in section 508 (6 U.S.C. 318)-- (A) in subsection (b)(1), by striking ``National Response Plan'' and inserting ``National Response Framework''; and (B) in subsection (d)(2)(A), by striking ``The Deputy Administrator, Protection and National Preparedness'' and inserting ``A Deputy Administrator''; (6) in section 509 (6 U.S.C. 319)-- (A) in subsection (b)-- (i) in paragraph (1)-- (I) by striking ``National Response Plan'' and inserting ``National Response Framework, National Protection Framework, National Prevention Framework, National Mitigation Framework, National Recovery Framework''; (II) by striking ``successor'' and inserting ``successors''; and (III) by striking ``plan'' at the end of that paragraph and inserting ``framework''; and (ii) in paragraph (2), by striking ``National Response Plan'' each place it appears and inserting ``National Response Framework''; and (B) in subsection (c)(1)-- (i) in subparagraph (A)-- (I) by striking ``National response plan'' in the header and inserting ``National response framework''; and (II) by striking ``National Response Plan'' in the text and inserting ``National Response Framework''; and (ii) in subparagraph (B), by striking ``National Response Plan'' and inserting ``National Response Framework''; (7) in section 510 (6 U.S.C. 320)-- (A) in subsection (a), by striking ``enter into a memorandum of understanding'' and inserting ``partner''; (B) in subsection (b)(1)(A), by striking ``National Response Plan'' and inserting ``National Response Framework''; and (C) in subsection (c), by striking ``National Response Plan'' and inserting ``National Response Framework''; (8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking ``and local'' each place it appears and inserting ``, local, and tribal''; (9) by striking section 524 (6 U.S.C. 321m); and (10) in section 525(a) (6 U.S.C. 321n), by striking ``Secretary'' and inserting ``Administrator''. (b) Post-Katrina Emergency Management Reform Act of 2006.-- (1) Citation correction.--Section 602(13) of the Post- Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 701(13)) is amended by striking ``502(a)(6)'' and inserting ``504(a)(6)''. (2) Change of reference.--Chapter 1 of subtitle C of title VI of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295) is amended by striking ``National Response Plan'' each place it appears and inserting ``National Response Framework''.
FEMA Reauthorization Act of 2017 (Sec. 2) This bill amends the Post-Katrina Emergency Management Reform Act of 2006 to reauthorize the Federal Emergency Management Agency (FEMA) through FY2020. (Sec. 3) The National Advisory Council shall: (1) begin a comprehensive study relating to disaster costs and losses and federal disaster assistance within 30 days of this bill's enactment; and (2) convene to evaluate disaster costs and losses and federal disaster assistance within 120 days of enactment, including consideration of trends and contributing factors, and disaster roles and responsibility. The council shall develop recommendations to reduce disaster costs and losses in the United States and to more efficiently and effectively deliver federal disaster assistance. (Sec. 4) The bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to reauthorize through FY2020 the Center for Domestic Preparedness and the other members of the National Domestic Preparedness Consortium. (Sec. 5) FEMA shall be responsible for the nation's efforts to reduce the loss of life and property, and to protect the nation, from an earthquake, tsunami, or combined earthquake and tsunami event by developing the ability to prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to such an event. (Sec. 6) The non-federally funded actions of private parties or state, local, or tribal governments on state, local, tribal, and private land, and the effects of those actions, shall not be attributed to FEMA's actions under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, the Biggert-Waters Flood Insurance Reform Act of 2012, and the Homeowner Flood Insurance Affordability Act of 2014 for purposes of the Endangered Species Act. Such actions that may influence private actions do not create a federal nexus for the purpose of applying the requirements of such Act. (Sec. 7) The bill makes technical amendments to the Homeland Security Act of 2002 and the Post-Katrina Emergency Management Reform Act of 2006.
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SECTION 1. TEMPORARY REINSTATEMENT OF THE EMERGENCY CONTINGENCY FUND FOR STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAMS. (a) In General.--Section 403 of the Social Security Act (42 U.S.C. 603) is amended by adding at the end the following: ``(c) Emergency Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund which shall be known as the `Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs' (in this subsection referred to as the `Emergency Fund'). ``(2) Deposits into fund.-- ``(A) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2011, $20,000,000,000 for payment to the Emergency Fund. ``(B) Availability and use of funds.--The amounts appropriated to the Emergency Fund under subparagraph (A) shall remain available through fiscal year 2018 and shall be used to make grants to States in each of fiscal years 2011 through 2018 in accordance with the requirements of paragraph (3). ``(C) Limitation.--In no case may the Secretary make a grant from the Emergency Fund for a fiscal year after fiscal year 2018. ``(3) Grants.-- ``(A) Grant related to caseload increases.-- ``(i) In general.--For each calendar quarter in fiscal year 2011 through 2018, the Secretary shall make a grant from the Emergency Fund to each State that-- ``(I) requests a grant under this subparagraph for the quarter; and ``(II) meets the requirement of clause (ii) for the quarter. ``(ii) Caseload increase requirement.--A State meets the requirement of this clause for a quarter in a fiscal year if the average monthly assistance caseload of the State for the quarter exceeds the average monthly assistance caseload of the State for the corresponding quarter in the preceding fiscal year. ``(iii) Amount of grant.--Subject to paragraph (5), the amount of the grant to be made to a State under this subparagraph for a quarter in a fiscal year shall be an amount equal to 80 percent of the amount (if any) by which the total expenditures of the State for basic assistance (as defined by the Secretary) in the quarter, whether under the State program funded under this part or as qualified State expenditures, exceeds the total expenditures of the State for such assistance for the corresponding quarter in the preceding fiscal year. ``(B) Grant related to increased expenditures for non-recurrent short term benefits.-- ``(i) In general.--For each calendar quarter in fiscal year 2011 through 2018, the Secretary shall make a grant from the Emergency Fund to each State that-- ``(I) requests a grant under this subparagraph for the quarter; and ``(II) meets the requirement of clause (ii) for the quarter. ``(ii) Non-recurrent short term expenditure requirement.--A State meets the requirement of this clause for a quarter in a fiscal year if the total expenditures of the State for non- recurrent short term benefits in the quarter, whether under the State program funded under this part or as qualified State expenditures, exceeds the total expenditures of the State for non-recurrent short term benefits in the corresponding quarter in the preceding fiscal year. ``(iii) Amount of grant.--Subject to paragraph (5), the amount of the grant to be made to a State under this subparagraph for a quarter shall be an amount equal to 80 percent of the excess described in clause (ii). ``(C) Grant related to increased expenditures for subsidized employment.-- ``(i) In general.--For each calendar quarter in fiscal year 2011 through 2018, the Secretary shall make a grant from the Emergency Fund to each State that-- ``(I) requests a grant under this subparagraph for the quarter; and ``(II) meets the requirement of clause (ii) for the quarter. ``(ii) Subsidized employment expenditure requirement.--A State meets the requirement of this clause for a quarter in a fiscal year if the total expenditures of the State for subsidized employment in the quarter, whether under the State program funded under this part or as qualified State expenditures, exceeds the total such expenditures of the State in the corresponding quarter in the preceding fiscal year. ``(iii) Amount of grant.--Subject to paragraph (5), the amount of the grant to be made to a State under this subparagraph for a quarter shall be an amount equal to 80 percent of the excess described in clause (ii). ``(4) Authority to make necessary adjustments to data and collect needed data.--In determining the size of the caseload of a State and the expenditures of a State for basic assistance, non-recurrent short-term benefits, and subsidized employment, during any period for which the State requests funds under this subsection, the Secretary may make appropriate adjustments to the data, on a State-by-State basis, to ensure that the data are comparable with respect to the groups of families served and the types of aid provided. The Secretary may develop a mechanism for collecting expenditure data, including procedures which allow States to make reasonable estimates, and may set deadlines for making revisions to the data. ``(5) Limitation.--The total amount payable to a single State under subsection (b) and this subsection for fiscal years 2011 through 2018 combined shall not exceed 50 percent of the annual State family assistance grant. ``(6) Limitations on use of funds.--A State to which an amount is paid under this subsection may use the amount only as authorized by section 404. ``(7) Timing of implementation.--The Secretary shall implement this subsection as quickly as reasonably possible, pursuant to appropriate guidance to States. ``(8) Application to indian tribes.--This subsection shall apply to an Indian tribe with an approved tribal family assistance plan under section 412 in the same manner as this subsection applies to a State. ``(9) Definitions.--In this subsection: ``(A) Average monthly assistance caseload defined.--The term `average monthly assistance caseload' means, with respect to a State and a quarter, the number of families receiving assistance during the quarter under the State program funded under this part or as qualified State expenditures, subject to adjustment under paragraph (4). ``(B) Qualified state expenditures.--The term `qualified State expenditures' has the meaning given the term in section 409(a)(7).''. (b) Disregard From Limitation on Total Payments to Territories.-- Section 1108(a)(2) of the Social Security Act (42 U.S.C. 1308(a)(2)) is amended by inserting ``403(c)(3),'' after ``403(a)(5),''. (c) Elimination of Modification of Caseload Reduction Credit.-- (1) In general.--Section 407(b)(3)(A)(i) of the Social Security Act (42 U.S.C. 607(b)(3)(A)(i)) is amended by striking ``(or if the immediately preceding fiscal year is fiscal year 2008, 2009, or 2010, then, at State option, during the emergency fund base year of the State with respect to the average monthly assistance caseload of the State (within the meaning of section 403(c)(9)), except that, if a State elects such option for fiscal year 2008, the emergency fund base year of the State with respect to such caseload shall be fiscal year 2007))''. (2) Conforming amendments.--Section 2101 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 446-449) is amended-- (A) in subsection (a)(2), by striking ``, except that paragraph (9) of such subsection shall remain in effect until October 1, 2011, but only with respect to section 407(b)(3)(A)(i) of such Act''; and (B) in subsection (d), by striking paragraph (2). (d) Sunset.--Effective October 1, 2018: (1) Emergency fund.--Section 403 of the Social Security Act (42 U.S.C. 603) (as added by paragraph (1)) is amended by striking subsection (c) (as added by subsection (a) of this section). (2) Disregard from limitation on total payments to territories.--Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)) is amended by striking ``403(c)(3),'' (as added by subsection (b) of this section).
Amends title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to reestablish for FY2011-FY2018 the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs for the purpose of grants to states by the Secretary of the Treasury related to: (1) increases in TANF caseloads, and (2) increased expenditures for non-recurrent short term benefits.
{"src": "billsum_train", "title": "To amend part A of title IV of the Social Security Act to temporarily reinstate, with certain adjustments, the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``China Democracy Act''. SEC. 2. RESTRICTIONS ON TRADE WITH AND INVESTMENT IN THE PEOPLE'S REPUBLIC OF CHINA. (a) Restrictions on Trade.-- (1) In general.--Subject to paragraph (2), no article that is the product of the People's Republic of China may be imported into the United States, and no goods or technology may be exported from any place in the United States to the People's Republic of China. (2) Exception.--Paragraph (1) shall not apply to-- (A) exports of food or medicine to the People's Republic of China; or (B) exports of items that would be authorized for export to Cuba, except that such items shall be subject to the same restrictions relating to licenses or other approval that apply with respect to exports of such items to Cuba. (b) Restrictions on Investment in Chinese Enterprises.--No United States person may, after the end of the 180-day period beginning on the date of the enactment of this Act, make an investment in any enterprise in the People's Republic of China or in any enterprise that is owned or controlled by the Government of, entities controlled by the Government of, or nationals of, the People's Republic of China. (c) Restrictions on Investment by Chinese Nationals in U.S. Persons.--No United States person may, after the end of the 180-day period beginning on the date of the enactment of this Act, engage in any transaction the purpose of which is to secure an investment by a Chinese national in any United States person or in any enterprise owned or controlled by United States persons. SEC. 3. ENTRY OF VESSELS ENGAGED IN TRADE WITH THE PEOPLE'S REPUBLIC OF CHINA. (a) Prohibitions.--Except as specifically authorized by the President, by means of regulations, rulings, instructions, licenses, or otherwise -- (1) no vessel that enters a port or place in the People's Republic of China to engage in the trade of goods or the purchase or provision of services, may enter a port in the United States for the purpose of loading or unloading freight for a period of 180 days after the date on which the vessel departed from a port or place in the People's Republic of China; and (2) no vessel carrying goods to or from the People's Republic of China or carrying goods in which the People's Republic of China or a national of the People's Republic of China has an interest may enter a port in the United States with such goods on board. (b) Exception.--Subsection (a) shall not apply with respect to exports of items permitted under section 1. SEC. 4. ENFORCEMENT. (a) Regulatory Authority.--The President shall issue such regulations, orders, and licenses as are necessary to carry out this Act. (b) Exceptions From Prohibitions.--The President may provide for such exceptions from the prohibitions contained in this Act as are consistent with the Cuban Assets Control Regulations under part 515 of title 31, Code of Federal Regulations, as in effect on the date of the enactment of this Act. SEC. 5. PENALTIES. Any person or entity that violates this Act or any regulation, license, or order issued under this Act shall be subject to the penalties provided in section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) for violations under that Act. SEC. 6. SUSPENSION OF VISAS TO CHINESE NATIONALS. No immigrant or nonimmigrant visa may be issued to any national of the People's Republic of China, and any such visa issued to a national of the People's Republic of China before the effective date of this Act may not be extended on or after such effective date. SEC. 7. DOWNGRADING OF DIPLOMATIC RELATIONS. The President shall take the necessary steps to downgrade diplomatic relations with the People's Republic of China to that which existed before the United States recognized the People's Republic of China in 1979. SEC. 8. DEFINITIONS. In this Act: (1) Food.--The term ``food'' means-- (A) any article used for food or drink for humans; and (B) any article used for a component of an article described in subparagraph (A). (2) Investment.--The term ``investment'' means any contribution or commitment of funds, commodities, services, patents, processes, or techniques, in the form of-- (A) a loan, (B) the purchase of a share of ownership, (C) participation in royalties, earnings, or profits, (D) the furnishing of commodities or services pursuant to a lease or other contract, or (E) other mechanism, that is made for the production of income. (3) Medicine.--The term ``medicine'' has the meaning given the term ``drug'' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (4) National of the people's republic of china.--The term ``national of the People's Republic of China''-- (A) means-- (i) a citizen of or person owing allegiance to the People's Republic of China; (ii) any corporation, partnership, or other entity organized under the laws of the People's Republic of China; and (iii) any entity owned or controlled by persons or entities described in clause (i) or (i); and (B) does not include any citizen or person owing allegiance to Taiwan, the Pescadores, or any other island over which the Taiwanese Government exercises control. (5) People's republic of china.--The term ``People's Republic of China''-- (A) includes mainland China, Hong Kong, Macao, and any other territory or special administrative region governed by the People's Republic of China; and (B) does not include Taiwan, the Pescadores, or any other island over which the Taiwanese Government exercises control. (6) United states.--The term ``United States'' includes any commonwealth, territory, or possession of the United States, and the customs waters of the United States (as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401)). (7) United states person.--The term ``United States person'' means-- (A) any United States citizen or alien lawfully admitted for permanent residence to the United States; (B) any corporation, partnership, or other entity organized under the laws of the United States; and (C) any person in the United States. (8) Vessel.--The term ``vessel'' includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft. SEC. 9. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act. SEC. 10. TERMINATION. This Act shall cease to be effective 30 days after the date on which the President determines and certifies to the Congress that the People's Republic of China-- (1) at the national, provincial, and local levels, is governed by governments that are democratically elected from free and fair elections-- (A) conducted under the supervision of internationally recognized observers; and (B) in which-- (i) opposition parties were permitted ample time to organize and campaign for such elections; and (ii) all candidates were permitted full access to the media; (2) is showing respect for the basic civil liberties and human rights of the citizens of the People's Republic of China; (3) has a market-oriented economic system based on the right to own and enjoy property; (4) ensures regular free and fair elections and the full enjoyment of basic civil liberties and human rights by the citizens of the People's Republic of China; (5) has established an independent judiciary; and (6) is no longer engaging in wide-scale espionage activities directed against the United States.
China Democracy Act - Prohibits, with specified exceptions, the import of products from the People's Republic of China (PRC) into the United States or the export of goods or technology from the United States to the PRC. Prohibits persons from the United States from: (1) making investments in PRC enterprises or enterprises owned or controlled by the PRC government, entities controlled by the PRC government, or by PRC nationals; or (2) engaging in any transaction to secure an investment by a Chinese national in any U.S. person or any enterprise owned or controlled by a U.S. person. Prohibits entry into the United States, for a specified period, of vessels engaged in trade with the PRC. Subjects violators of this Act to certain penalties. Prohibits the issuance of visas to PRC nationals. Suspends visas issued to PRC nationals before the effective date of this Act. Requires the President to take the necessary steps to downgrade diplomatic relations with the PRC. Terminates this Act upon certification by the President that the PRC has: (1) met certain democratic, civil liberties, and human rights principles; and (2) established a market-oriented economic system.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Efficient Marine Mammal Protection Act''. SEC. 2. ABOLISHMENT OF MARINE MAMMAL COMMISSION; TRANSFER OF FUNCTIONS. (a) Abolishment of Department.--The Marine Mammal Commission is abolished. (b) Transfer of Functions.--All functions that immediately before the effective date of this section are authorized to be performed by the Commission, by any officer or employee of the Commission acting in that capacity, or by any agency or office of the Commission, are transferred to the Director of the United States Fish and Wildlife Service. SEC. 3. CONFORMING AND CLERICAL AMENDMENTS. (a) Marine Mammal Protection Act of 1972.--The Marine Mammal Protection Act of 1972 is amended-- (1) in section (3) (16 U.S.C. 1362), by adding at the end the following: ``(30) The term `Director' means the Director of the United States Fish and Wildlife Service.''; (2) by striking ``Marine Mammal Commission'' each place it appears and inserting ``Director of the United States Fish and Wildlife Service''; (3) by striking ``Commission'' each place it appears in reference to the Marine Mammal Commission and inserting ``Director''; (4) by striking ``Chairman of the Marine Mammal Commission'' each place it appears and inserting ``Director of the United States Fish and Wildlife Service''; (5) by striking ``Chairman of the Commission'' each place it appears and inserting ``Director of the United States Fish and Wildlife Service''; (6) by striking ``Chairman'' each place it appears in reference to the Chairman of the Marine Mammal Commission and inserting ``Director''; (7) in section 104(l)(2) (16 U.S.C. 1383a(l)(2)), by striking ``Chairman's'' and inserting ``Director's''; (8) in the heading for title II, by striking ``MARINE MAMMAL COMMISSION'' and inserting ``UNITED STATES FISH AND WILDLIFE SERVICE''; (9) by striking section 201 (16 U.S.C. 1401); (10) in the heading for section 202 (16 U.S.C. 1402), by striking ``commission'' and inserting ``united states fish and wildlife service''; (11) in the heading for section 206 (16 U.S.C. 1402), by striking ``administration of commission'' and inserting ``authorities of director of united states fish and wildlife service''; and (12) in the table of contents in the first section-- (A) by striking the item relating to the title enumerator and heading for title II and inserting the following: ``TITLE II--UNITED STATES FISH AND WILDLIFE SERVICE''; (B) by striking the item relating to section 201; (C) by striking the item relating to section 202 and inserting the following: ``Sec. 202. Duties of United States Fish and Wildlife Service.''; and (D) by striking the item relating to section 206 and inserting the following: ``Sec. 206. Authorities of Director of United States Fish and Wildlife Service.''. (b) Title 10, U.S.C.--Section 7524(a) of title 10, United States Code, is amended by striking ``Marine Mammal Commission'' and inserting ``Director of the United States Fish and Wildlife Service''. (c) Whale Conservation and Protection Study Act.--Section 3 of the Whale Conservation and Protection Study Act (16 U.S.C. 917a) is amended by striking ``Marine Mammal Commission'' and inserting ``Director of the United States Fish and Wildlife Service''. (d) National Fish and Wildlife Foundation Establishment Act.-- Section 4(g) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(g)) is amended by striking ``Marine Mammal Commission'' and inserting ``Director of the United States Fish and Wildlife Service''. SEC. 4. REFERENCES. Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Marine Mammal Commission to such Commission or an official of such Commission is deemed to refer to the Director of the United States Fish and Wildlife Service. SEC. 5. EXERCISE OF AUTHORITIES. Except as otherwise provided by law, the Director of the United States Fish and Wildlife Service may, for purposes of performing a function is transferred by this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the Marine Mammal Commission. SEC. 6. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by the President, the Marine Mammal Commission, any officer or employee of any office such Commission, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act, and (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (b) Proceedings.--This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before the Marine Mammal Commission, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits.--This Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Marine Mammal Commission, or by or against any individual in the official capacity of such individual as an officer or employee of such Commission, shall abate by reason of the enactment of this Act. (e) Continuance of Suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) Administrative Procedure and Judicial Review.--Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. SEC. 7. TRANSFER OF ASSETS. Except as otherwise provided in this Act, so much of the property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. SEC. 8. DELEGATION AND ASSIGNMENT. Except as otherwise expressly prohibited by law or otherwise provided in this Act, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. SEC. 9. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED. (a) Determinations.--If necessary, the Director of the Office of Management and Budget shall make any determination of the functions that are transferred under this Act. (b) Incidental Transfers.--The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. SEC. 10. AVAILABILITY OF EXISTING FUNDS. Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this Act shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. SEC. 11. DEFINITIONS. For purposes of this Act-- (1) the term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (2) the term ``office'' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.
Efficient Marine Mammal Protection Act This bill abolishes the Marine Mammal Commission and transfers to the U.S. Fish and Wildlife Service its functions, including its duties, obligations, powers, authorities, responsibilities, rights, privileges, activities, or programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Customer Service Improvement Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency''-- (A) has the meaning given the term ``Executive agency'' under section 105 of title 5, United States Code; and (B) does not include an Executive agency if the President determines that this Act should not apply to the Executive agency for national security reasons. (2) Customer.--The term ``customer'', with respect to an agency-- (A) means any individual or entity to which the agency provides services or information; and (B) includes a business, a State or local government, another agency, and Congress. SEC. 3. DEVELOPMENT OF PERFORMANCE MEASURES AND STANDARDS FOR CUSTOMER SERVICE PROVIDED BY AGENCIES. (a) Requirement.-- (1) Performance measures and standards.--The Director of the Office of Management and Budget shall develop-- (A) performance measures to determine whether agencies are providing high-quality, timely customer service and improving service delivery to customers of the agencies; and (B) standards to be met by agencies in order to provide high-quality customer service and improve service delivery to customers of the agencies, including-- (i) specific milestones and performance targets for continuous service improvements and efforts to modernize service delivery; and (ii) where appropriate, target response times for telephone calls, electronic mail, mail, benefit processing, and payments. (2) Requirement to take into account certain information.-- The standards under paragraph (1) shall be developed after taking into account the information collected by agencies under subsection (b). (b) Customer Service Input.--The head of each agency shall collect information from customers of the agency regarding the quality of customer service provided by the agency. Each agency shall include the information collected under this subsection in the performance report made available by the agency under section 1116 of title 31, United States Code. (c) Annual Performance Update.--The Director of the Office of Management and Budget shall include achievements by agencies in meeting the customer service performance measures and standards developed under subsection (a) in each update on agency performance required under section 1116 of title 31, United States Code. SEC. 4. IMPLEMENTATION OF CUSTOMER SERVICE STANDARDS. (a) Service Improvement Officer.--The head of each agency shall designate an employee to be the service improvement officer of the agency, who shall be responsible for implementing the customer service standards developed under section 3 and the agency requirements under subsection (b). (b) Agency Requirements.-- (1) Guidelines and contact information.--The head of each agency, acting through the service improvement officer of the agency, shall-- (A) issue guidelines to implement the customer service standards developed under section 3 within the agency, including specific principles of customer service applicable to the agency, which shall include where appropriate-- (i) target call wait times during peak and non-peak hours; (ii) target response times for correspondence, both by mail and electronic mail; (iii) procedures for ensuring all applicable metrics are incorporated into service agreements with nongovernmental individuals and entities; and (iv) target response times for processing benefits and making payments; and (B) publish customer service contact information, including a mailing address, telephone number, and email address. (2) Availability.--The head of each agency, acting through the service improvement officer of the agency, shall make the guidelines and the customer service contact information required under this subsection available on the website of the agency. SEC. 5. SERVICE IMPROVEMENT UNIT PILOT. (a) Established.--The Deputy Director of Management shall establish a pilot program, to be known as the Service Improvement Unit Pilot Program (in this section referred to as the ``pilot program''), to provide assistance to agencies that do not meet the customer service standards and performance measures established under section 3. (b) Personnel.--The heads of agencies with expertise in change management, process improvement, and information technology innovation shall detail employees to the Office of Management and Budget to work on the pilot program, based on the expertise and skills required to address service improvement goals. (c) Responsibilities.--Under the pilot program, the Office of Management and Budget shall work with agencies that are not meeting the customer service standards and performance measures established under section 3 to improve and modernize service delivery to develop solutions, including-- (1) evaluating the efforts of the agency to improve service delivery; (2) developing a plan to improve within existing resources and by drawing on expertise and assistance from other agencies (including the Office of Management and Budget) where necessary; (3) monitoring implementation by the agency of the plan developed under paragraph (2) until the customer service standards and performance measures are met; and (4) submitting to the Director of Office of Management and Budget monthly reports on the progress being made to improve service at the agency until the customer service standards are met. (d) Report.--Not later than 2 years after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on the accomplishments and outcomes of the pilot program and any recommendations relating to achieving the customer service standards and performance measures established under section 3. (e) Termination.--The authority to carry out the pilot program shall terminate 2 years after the date of enactment of this Act. SEC. 6. PERFORMANCE APPRAISAL. Compliance with the customer service standards developed under this Act shall be included in the performance appraisal systems described in section 5307(d) of title 5, United States Code. SEC. 7. RETIREMENT REPORTING. (a) Definition.--In this section, the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (b) Reports.--Not later than 30 days after the date of enactment of this Act, and every month thereafter, the Director of the Office of Personnel Management shall submit to Congress, the Comptroller General of the United States, and issue publicly (including on the website of the Office of Personnel Management) a report that-- (1) for each agency, evaluates the timeliness, completeness, and accuracy of information submitted by the agency relating to employees of the agency who are retiring; and (2) indicates-- (A) the total number of applications for retirement benefits that are pending action by the Office of Personnel Management; and (B) the number of months each such application has been pending. (c) Modernization Timeline.--The Director of the Office of Personnel Management shall establish-- (1) a timetable for the completion of each component of the retirement systems modernization project of the Office of Personnel Management, including all data elements required for accurate completion of adjudication; and (2) the date by which all Federal payroll processing entities will electronically transmit all personnel data to the Office of Personnel Management. (d) Budget Request.--The Office of Personnel Management shall include a detailed statement regarding the progress of the Office of Personnel Management in completing the retirement systems modernization project of the Office of Personnel Management in each budget request of the Office of Personnel Management submitted as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code. SEC. 8. NO INCREASE IN EXPENDITURES. It is the sense of Congress that no additional funds should be appropriated to carry out this Act.
Government Customer Service Improvement Act of 2012 - Directs the Director of the Office of Management and Budget (OMB) to: (1) develop performance measures to determine whether federal agencies are providing high-quality, timely, customer service and improving delivery service, (2) develop customer service and service delivery standards for such agencies, and (3) include achievements in meeting such performance measures and standards in agency performance updates. Requires the head of each federal agency to designate an agency employee to be its service improvement officer, who shall issue guidelines to implement customer service standards and publish customer service contact information. Directs the OMB Deputy Director of Management to establish a two-year Service Improvement Unit Pilot Program to provide assistance to agencies that do not meet such customer service standards and performance measures. Requires the Director of the Office of Personnel Management (OPM) to: (1) report to Congress and the Comptroller General (GAO) on information submitted by each federal agency on its employees who are retiring, and (2) establish a timetable for the completion of its retirement systems modernization project.
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SECTION 1. AMENDMENTS TO UNITED STATES INSULAR POSSESSION PROGRAM. (a) Production Certificates.--Additional U.S. Note 5(h) to chapter 91 of the Harmonized Tariff Schedule of the United States is amended-- (1) by amending subparagraphs (i) and (ii) to read as follows: ``(i) In the case of each of calendar years 2002 through 2015, the Secretaries jointly, shall-- ``(A) verify-- ``(1) the wages paid in the preceding calendar year by each producer (including the value of usual and customary fringe benefits)-- ``(I) to permanent residents of the insular possessions; and ``(II) to workers providing training in the insular possessions in the production or manufacture of watch movements and watches or engaging in such other activities in the insular possessions relating to such production or manufacture as are approved by the Secretaries; and ``(2) the total quantity and value of watches produced in the insular possessions by that producer and imported into the customs territory of the United States; and ``(B) issue to each producer (not later than 60 days after the end of the preceding calendar year) a certificate for the applicable amount. ``(ii) For purposes of subparagraph (i), except as provided in subparagraphs (iii) and (iv), the term `applicable amount' means an amount equal to the sum of-- ``(A) 90 percent of the producer's creditable wages (including the value of any usual and customary fringe benefits) on the assembly during the preceding calendar year of the first 300,000 units; plus ``(B) the applicable graduated declining percentage (determined each year by the Secretaries) of the producer's creditable wages (including the value of any usual and customary fringe benefits) on the assembly during the preceding calendar year of units in excess of 300,000 but not in excess of 750,000; plus ``(C) the difference between the duties that would have been due on the producer's watches (excluding digital watches) imported into the customs territory of the United States during the preceding calendar year if the watches had been subject to duty at the rates set forth in column 1 under this chapter that were in effect on January 1, 2001, and the duties that would have been due on the watches if the watches had been subject to duty at the rates set forth in column 1 under this chapter that were in effect for such preceding calendar year.''; and (2) by amending subparagraph (v) to read as follows: ``(v)(A) Any certificate issued under subparagraph (i) shall entitle the certificate holder to secure a refund of duties equal to the face value of the certificate on watches, watch movements, and articles of jewelry provided for in heading 7113 that are imported into the customs territory of the United States by the certificate holder. Such refunds shall be made under regulations issued by the Treasury Department. Not more than 5 percent of such refunds may be retained as a reimbursement to the Customs Service for the administrative costs of making the refunds. If the Secretary of the Treasury determines that there is an insufficient level of duties from watch and watch-related tariffs, the Secretary may authorize refunds of duties collected on jewelry under chapter 71 or any other duties that the Secretary determines are appropriate. ``(B) At the election of the certificate holder and upon making the certification described in this clause, the Secretary of the Treasury shall pay directly to the certificate holder the face value of the certificate, less the value of-- ``(1) any duty refund previously claimed by the holder under the certificate, and ``(2) a discount of not more than 2 percent of the face value of the certificate, as determined by the Secretary of the Treasury. ``(C) Direct payments under clause (B) shall be made under regulations issued by the Secretary of the Treasury. Such regulations shall assure that a certificate holder is required to provide only the minimum documentation necessary to support an application for direct payment. A certificate holder shall not be eligible for direct payment under clause (B) unless the certificate holder certifies to the Secretaries that the funds received will be reinvested or utilized to support and continue employment in the Virgin Islands. ``(D) The Secretary of the Treasury is authorized to make the payments provided for in clause (B) from duties collected on watches, watch movements, and parts therefor. If such duties are insufficient, the Secretary of the Treasury is authorized to make the payments from duties collected on jewelry under chapter 71 or any other duties that the Secretary determines are appropriate.''. (b) Jewelry.--Additional U.S. Note 3 to chapter 71 of the Harmonized Tariff Schedule of the United States is amended-- (1) by redesignating paragraphs (b), (c), (d), and (e) as paragraphs (c), (d), (e), and (f), respectively; (2) by inserting after paragraph (a) the following new paragraph: ``(b) The 750,000 unit limitation in additional U.S. Note 5(h)(ii)(B) to chapter 91 shall not apply to articles of jewelry subject to this note.''; and (3) by striking paragraph (f), as so redesignated, and inserting the following: ``(f) Notwithstanding any other provision of law, any article of jewelry provided for in heading 7113 that is assembled in the Virgin Islands, Guam, or American Samoa by a jewelry manufacturer or jewelry assembler that commenced jewelry manufacturing or jewelry assembly operations in the Virgin Islands, Guam, or American Samoa after August 9, 2001, shall be treated as a product of the Virgin Islands, Guam, or American Samoa for purposes of this note and General Note 3(a)(iv) of this Schedule if such article is entered no later than 18 months after such jewelry manufacturer or jewelry assembler commenced jewelry manufacturing or jewelry assembly operations in the Virgin Islands, Guam, or American Samoa.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to goods imported into the customs territory of the United States on or after January 1, 2002.
Amends the Harmonized Tariff Schedule of the United States concerning clocks, watches, and parts thereof that are products of U.S. insular possessions. Extends and revises the incentive certificate program through calendar year 2015.Authorizes the refund of duties collected on jewelry if the Secretary of the Treasury determines there is an insufficient level of duties from watch and watch-related tariffs. Treats jewelry assembled in the Virgin Islands, Guam, or American Samoa as a product of such possessions, as specified.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare of Our Friends Act of 2017'' or the ``WOOF! Act''. SEC. 2. PROHIBITION ON ISSUING LICENSES TO CERTAIN PERSONS AS A RESULT OF LICENSE REVOCATION. (a) Definition.--Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by adding at the end the following: ``(p) The term `immediate family member' means, with respect to a dealer-- ``(1) a spouse, domestic partner, child, parent, brother, sister, grandparent, or grandchild; and ``(2) a spouse of a child, parent, brother, sister, grandparent, or grandchild.''. (b) Prohibition on Issuing Licenses to Certain Persons as a Result of License Revocation.--Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended-- (1) by striking ``The Secretary shall'' and inserting ``(a) In General.--The Secretary shall''; (2) by striking ``issued'' and inserting ``issued or renewed''; (3) by striking ``demonstrated'' and inserting ``demonstrated through facility inspection''; and (4) by adding at the end the following: ``(b) Prohibition on Issuing Licenses to Certain Persons as a Result of License Suspension or Revocation.--(1) The Secretary shall not issue or renew a license for the purpose of being a dealer of dogs to a person who is an immediate family member of, or who resides at the same address of, a dealer of dogs if-- ``(A) the license is for purposes of operating a facility for dogs at a location that such dealer has used as a facility for dogs; and ``(B) within the last 10 years, a license of such dealer has been suspended after notice and opportunity for hearing or revoked pursuant to section 19(a) of this Act. ``(2) Paragraph (1) shall not apply to a person described in such paragraph if such person shows by clear and convincing evidence that a dealer described in paragraph (1)-- ``(A) will have no ownership interest in the facility for which such person seeks a license; ``(B) will play no role in the care of dogs at the facility; and ``(C) will play no role in the management of the facility. ``(c) Prohibition on Issuing Licenses to Certain Legal Entities as a Result of License Suspension or Revocation.--(1) The Secretary shall not issue or renew a license for the purpose of being a dealer of dogs to any person (including a partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity) if any person who holds an ownership interest in the partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity-- ``(A) previously held a license for purposes of operating a facility for dogs at the same address of the facility for which the license is being sought; and ``(B) within the last 10 years, such license has been suspended after notice and opportunity for hearing or revoked pursuant to section 19(a) of this Act. ``(2) Paragraph (1) shall not apply to a person seeking the issuance or renewal of a license described in such paragraph if such person shows by clear and convincing evidence that a person who previously held a license for purposes of operating a facility for dogs described in subparagraph (A) of such paragraph-- ``(A) will play no role in the care of dogs at the facility; and ``(B) will play no role in the management of the facility. ``(d) Ten-Year Bar for Suspension or Revocation of a License of a Dealer of Dogs.--The Secretary shall not issue or renew a license for the purpose of being a dealer of dogs to a person if-- ``(1) within the last 10 years, a license for the purpose of being a dealer of dogs of such person has been suspended after notice and opportunity for hearing or revoked pursuant to section 19(a) of this Act; and ``(2) the license is for purposes of operating a facility for dogs at a location that such person has used as a facility for dogs.''. (c) Revocation of Improperly Granted Licenses.--Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is amended by adding at the end the following: ``(e) Revocation of Improperly Granted Licenses.--The Secretary shall revoke a license issued after the date of the enactment of this subsection if the Secretary subsequently determines that, at the time of issuance, the issuance of the license violated section 3 of this Act.''. SEC. 3. REGULATIONS. The Secretary of Agriculture may prescribe such regulations as the Secretary determines to be necessary to implement the amendments made by this Act. Any such regulations shall be prescribed not later than one year after the date of the enactment of this Act.
Welfare of Our Friends Act of 2017 or the WOOF! Act This bill amends the Animal Welfare Act to prohibit the Department of Agriculture (USDA) from licensing a dealer of dogs whose previous licenses have been suspended or revoked in the last 10 years if the license is for operating a facility that the dealer previously used. Further, USDA may not issue or renew a license to: (1) the dog dealer's immediate family members, (2) a person who resides at the same address as the dog dealer, or (3) certain legal entities if such dealer holds an ownership interest in the entity.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-New Zealand Free Trade Agreement Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Economic growth in the United States has been considerably enhanced by bilateral agreements to lower barriers for United States exports. (2) Increased trade and economic growth are not ends in themselves. Trade and economic growth should encourage sustainable development, raise living standards, promote higher labor standards, and enhance the welfare and quality of life of all citizens of the United States and New Zealand. (3) It is inappropriate to encourage trade by relaxing domestic environmental laws or domestic labor laws. (4) Countries that open their domestic markets, remove barriers to foreign direct investment, and promote free enterprise, empower their citizens to alleviate poverty and maintain social and environmental values. (5) New Zealand has participated fully in World Trade Organization programs and policies that promote open trade. (6) At the 1996 World Trade Organization Ministerial in Singapore, New Zealand reaffirmed its commitment to internationally recognized core labor standards. SEC. 3. UNITED STATES POLICY WITH RESPECT TO TRADE. It is the policy of the United States to seek the elimination of tariff and nontariff barriers in order to achieve more open market access, on a reciprocal basis, to internationally traded goods and service, through bilateral free trade agreements with like-minded countries. Such agreements should address the following: (1) National treatment and market access for agricultural and industrial products. (2) Rules for determining which goods originate in the territory of the United States and New Zealand. (3) Customs procedures that facilitate trade and collection of trade statistics, while ensuring the validity of claims for preferential treatment. (4) Science-based, nondiscriminatory sanitary, phytosanitary, and technical standards, including voluntary standards. (5) Safeguard provisions for industries that have sustained, or are threatened with, serious economic injury from import surges. (6) Government procurement procedures. (7) National treatment and rights of establishment for foreign direct investors. (8) National treatment and market access for traded services, including consumption of services abroad, cross- border provision of services, rights of establishment of commercial presence, and the movement of natural persons. (9) Protection of intellectual property. (10) Transparency of legal and regulatory regimes. (11) Measures to promote electronic commerce. (12) Trade-related environmental measures, and the potential for both favorable and adverse environmental impacts. (13) Adherence to internationally recognized core labor standards. SEC. 4. NEGOTIATION OF A FREE TRADE AGREEMENT WITH NEW ZEALAND. Subject to section 5, the President is authorized to enter into an agreement with New Zealand consistent with the policy described in section 3, and the provisions of section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)) shall apply with respect to a bill to implement such agreement. SEC. 5. INTRODUCTION AND FAST TRACK CONSIDERATION OF IMPLEMENTING BILL. (a) Introduction in House of Representatives and Senate.--Whenever the President submits to Congress a bill to implement a trade agreement described in section 4, the bill shall be introduced (by request) in the House of Representatives and in the Senate as described in section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)). (b) Permissible Content in Implementing Legislation.--A bill to implement a trade agreement described in section 4 shall contain provisions that are necessary to implement the trade agreement, and shall include trade-related labor and environmental protection standards, but may not include amendments to title VII of the Tariff Act of 1930, title II of the Trade Act of 1974, or any antitrust law of the United States. (c) Applicability of Fast Track Procedures.--Section 151 of the Trade Act of 1974 (19 U.S.C. 2191) is amended-- (1) in subsection (b)(1), by inserting ``section 5 of the United States-New Zealand Free Trade Agreement Act of 2001,'' after ``the Omnibus Trade and Competitiveness Act of 1988,''; and (2) in subsection (c)(1), by inserting ``or under section 5 of the United States-New Zealand Free Trade Agreement Act of 2001,'' after ``the Uruguay Round Agreements Act,''.
United States-New Zealand Free Trade Agreement Act of 2001 - Declares it to be U.S. policy to seek the elimination of tariff and nontariff barriers in order to achieve more open market access, on a reciprocal basis, to internationally-traded goods and services, through bilateral free trade agreements with like-minded countries.Authorizes the President to enter into a free trade agreement with New Zealand. Requires the inclusion of trade-related labor and environmental protection standards (but may not include amendments to title VII of the Tariff Act of 1930, title II of the Trade Act of 1974, or any U.S. antitrust laws) in any bill submitted to Congress implementing such agreement.Amends the Trade Act of 1974 to apply fast-track procedures or "trade promotion authority" (no amendments) to any implementing bill for an agreement entered under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Weather Service and Related Agencies Authorization Act of 1999''. SEC. 2. DEFINITIONS. For purposes of this Act, the term-- (1) ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration; and (2) ``Secretary'' means the Secretary of Commerce. SEC. 3. NATIONAL WEATHER SERVICE. (a) Operations, Research, and Facilities.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Operations, Research, and Facilities activities of the National Weather Service $617,897,000 for fiscal year 2000 and $617,897,000 for fiscal year 2001, to remain available until expended. Of such amounts-- (1) $449,441,000 for fiscal year 2000 and $450,411,000 for fiscal year 2001 shall be for Local Warnings and Forecasts; (2) $2,200,000 for fiscal year 2000 and $2,200,000 for fiscal year 2001 shall be for Advanced Hydrological Prediction System; (3) $619,000 for fiscal year 2000 and $619,000 for fiscal year 2001 shall be for Susquehanna River Basin Flood Systems; (4) $35,596,000 for fiscal year 2000 and $35,596,000 for fiscal year 2001 shall be for Aviation Forecasts; (5) $4,000,000 for fiscal year 2000 and $4,000,000 for fiscal year 2001 shall be for Weather Forecast Offices (WFO) Facilities Maintenance; (6) $37,081,000 for fiscal year 2000 and $37,081,000 for fiscal year 2001 shall be for Central Forecast Guidance; (7) $3,090,000 for fiscal year 2000 and $3,090,000 for fiscal year 2001 shall be for Atmospheric and Hydrological Research; (8) $39,325,000 for fiscal year 2000 and $39,325,000 for fiscal year 2001 shall be for Next Generation Weather Radar (NEXRAD); (9) $7,573,000 for fiscal year 2000 and $7,573,000 for fiscal year 2001 shall be for Automated Surface Observing System (ASOS); (10) $38,002,000 for fiscal year 2000 and $38,002,000 for fiscal year 2001 shall be for Advanced Weather Interactive Processing System (AWIPS); and (11) $970,000 for fiscal year 2000 shall be for two 1,000- watt National Oceanic and Atmospheric Administration Weather Radio transmitters, to be located in Jasper and Marion Counties, Illinois, and nine 300-watt National Oceanic and Atmospheric Administration Weather Radio transmitters, to be installed in appropriate locations throughout the State of Illinois, and for maintenance costs related thereto. (b) Procurement, Acquisition, and Construction.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Procurement, Acquisition, and Construction activities of the National Weather Service $69,632,000 for fiscal year 2000 and $70,120,000 for fiscal year 2001, to remain available until expended. Of such amounts-- (1) $9,560,000 for fiscal year 2000 and $9,060,000 for fiscal year 2001 shall be for Next Generation Weather Radar (NEXRAD); (2) $4,180,000 for fiscal year 2000 and $6,125,000 for fiscal year 2001 shall be for Automated Surface Observing System (ASOS); (3) $22,575,000 for fiscal year 2000 and $21,525,000 for fiscal year 2001 shall be for Advanced Weather Interactive Processing System (AWIPS); (4) $11,100,000 for fiscal year 2000 and $12,835,000 for fiscal year 2001 shall be for Computer Facilities Upgrades; (5) $8,350,000 for fiscal year 2000 and $8,350,000 for fiscal year 2001 shall be for Radiosonde Replacement; (6) $500,000 for fiscal year 2000 shall be for National Oceanic and Atmospheric Administration Operations Center Rehabilitation; and (7) $13,367,000 for fiscal year 2000 and $12,225,000 for fiscal year 2001 shall be for Weather Forecast Office (WFO) Construction. (c) Duties of the National Weather Service.-- (1) In general.--To protect life and property (in all 50 States, the District of Columbia, and the Territories), the Secretary, through the National Weather Service, except as provided in paragraph (2), shall be responsible for-- (A) forecasts and shall serve as the sole official source of weather and flood warnings; (B) the issuance of storm warnings; (C) the collection, exchange, and distribution of meteorological, hydrological, climatic, and oceanographic data and information; (D) the preparation of hydrometeorological guidance and core forecast information; and (E) the issuance of marine and aviation forecasts and warnings. (2) Competition with private sector.--The National Weather Service shall not provide, or assist other entities to provide, a service if that service is currently provided or can be provided by commercial enterprise, unless-- (A) the service provides vital weather warnings and forecasts for the protection of life and property of the general public; or (B) the United States Government is obligated to provide such service under international aviation agreements to provide meteorological services and exchange meteorological information. (3) Amendments.--The Act of October 1, 1890 (26 Stat. 653) is amended-- (A) by striking section 3 (15 U.S.C. 313); and (B) in section 9 (15 U.S.C. 317), by striking ``, and it shall be'' and all that follows, and inserting a period. (4) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing all National Weather Service activities which do not conform to the requirements of this subsection and outlining a timetable for their termination. (d) Closing of Local Weather Service Offices.--It is the sense of the Congress that the National Weather Service must fully take into account the dangerous and life threatening nature of weather patterns in Wind Zone IV, otherwise known as tornado alley, before making any determination on the closure of any of its local weather service offices. SEC. 4. ATMOSPHERIC RESEARCH. (a) Operations, Research, and Facilities.-- (1) In general.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Atmospheric Research Operations, Research, and Facilities environmental research and development activities of the Office of Oceanic and Atmospheric Research $173,250,000 for fiscal year 2000 and $173,250,000 for fiscal year 2001, to remain available until expended. (2) Climate and air quality research.--Of the amounts authorized under paragraph (1), $126,200,000 for fiscal year 2000 and $126,200,000 for fiscal year 2001 shall be for Climate and Air Quality Research, of which-- (A) $16,900,000 for fiscal year 2000 and $16,900,000 for fiscal year 2001 shall be for Interannual and Seasonal Climate Research; (B) $34,600,000 for fiscal year 2000 and $34,600,000 for fiscal year 2001 shall be for Long-Term Climate and Air Quality Research; (C) $69,700,000 for fiscal year 2000 and $69,700,000 for fiscal year 2001 shall be for Climate and Global Change; and (D) $5,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 2001 shall be for Global Learning and Observations to Benefit the Environment (GLOBE). (3) Atmospheric programs.--Of the amounts authorized under paragraph (1), $47,050,000 for fiscal year 2000 and $47,050,000 for fiscal year 2001 shall be for Atmospheric Programs, of which-- (A) $36,600,000 for fiscal year 2000 and $36,600,000 for fiscal year 2001 shall be for Weather Research; (B) $4,350,000 for fiscal year 2000 and $4,350,000 for fiscal year 2001 shall be for Wind Profiler; and (C) $6,100,000 for fiscal year 2000 and $6,100,000 for fiscal year 2001 shall be for Solar-Terrestrial Services and Research. (b) Procurement, Acquisition, and Construction.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Atmospheric Research Procurement, Acquisition, and Construction environmental research and development activities of the Office of Oceanic and Atmospheric Research $10,040,000 for fiscal year 2000 and $14,160,000 for fiscal year 2001, to remain available until expended. Of such amounts-- (1) $5,700,000 for fiscal year 2000 and $8,000,000 for fiscal year 2001 shall be for the Geophysical Fluid Dynamics Laboratory Supercomputer; and (2) $4,340,000 for fiscal year 2000 and $6,160,000 for fiscal year 2001 shall be for the Advanced Composition Explorer (ACE) Follow-On Satellite/GEOSTORM. SEC. 5. NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE. (a) Operations, Research, and Facilities.-- (1) In general.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Operations, Research, and Facilities environmental research and development and related activities of the National Environmental Satellite, Data and Information Service $103,092,000 for fiscal year 2000 and $103,092,000 for fiscal year 2001, to remain available until expended. (2) Satellite observing systems.--Of the amounts authorized under paragraph (1), $59,236,000 for fiscal year 2000 and $59,236,000 for fiscal year 2001 shall be for Satellite Observing Systems, of which-- (A) $2,000,000 for fiscal year 2000 and $2,000,000 for fiscal year 2001 shall be for Global Disaster Information Network (GDIN); (B) $4,000,000 for fiscal year 2000 and $4,000,000 for fiscal year 2001 shall be for Ocean Remote Sensing; and (C) $53,236,000 for fiscal year 2000 and $53,236,000 for fiscal year 2001 shall be for Environmental Observing Services. (3) Environmental data management systems.--Of the amounts authorized under paragraph (1), $43,856,000 for fiscal year 2000 and $43,856,000 for fiscal year 2001 shall be for Environmental Data Management Systems, of which-- (A) $31,521,000 for fiscal year 2000 and $31,521,000 for fiscal year 2001 shall be for Data and Information Services; and (B) $12,335,000 for fiscal year 2000 and $12,335,000 for fiscal year 2001 shall be for Environmental Data Systems Modernization. (b) Procurement, Acquisition, and Construction.-- (1) In general.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Procurement, Acquisition, and Construction environmental research and development and related activities of the National Environmental Satellite, Data and Information Service $413,657,000 for fiscal year 2000 and $476,183,000 for fiscal year 2001, to remain available until expended. (2) Systems acquisition.--Of the amounts authorized under paragraph (1), $410,612,000 for fiscal year 2000 and $473,803,000 for fiscal year 2001 shall be for Systems Acquisition, of which-- (A) $140,979,000 for fiscal year 2000 and $114,594,000 for fiscal year 2001 shall be for the procurement and launch of, and supporting ground systems for, Polar Orbiting Environmental Satellites (POES), K, L, M, N, and N'; (B) $80,100,000 for fiscal year 2000 and $113,600,000 for fiscal year 2001 shall be for the procurement and launch of, and supporting ground systems for, the National Polar-Orbiting Operational Environmental Satellite System (NPOESS); and (C) $189,533,000 for fiscal year 2000 and $245,609,000 for fiscal year 2001 shall be for the procurement and launch of, and supporting ground systems for, Geostationary Operational Environmental NEXT follow-on Satellites (GOES N-Q). (3) Construction.--Of the amounts authorized under paragraph (1), $3,045,000 for fiscal year 2000 and $2,380,000 for fiscal year 2001 shall be for National Oceanic and Atmospheric Administration Operations Center Rehabilitation Construction. SEC. 6. FACILITIES. There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Operations, Research, and Facilities environmental research and development and related activities required to meet recurring facilities operations costs associated with the David Skaggs Research Center in Boulder, Colorado, $3,850,000 for fiscal year 2000 and $3,850,000 for fiscal year 2001. SEC. 7. ELIGIBILITY FOR AWARDS. (a) In General.--The Administrator shall exclude from consideration for grant agreements made after fiscal year 1999 by the National Oceanic and Atmospheric Administration, under the activities for which funds are authorized under this Act, any person who received funds, other than those described in subsection (b), appropriated for a fiscal year after fiscal year 1999, under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit-based award process, except as specifically authorized by this Act. Any exclusion from consideration pursuant to this section shall be effective for a period of 5 years after the person receives such Federal funds. (b) Exception.--Subsection (a) shall not apply to the receipt of Federal funds by a person due to the membership of that person in a class specified by law for which assistance is awarded to members of the class according to a formula provided by law. (c) Definition.--For purposes of this section, the term ``grant agreement'' means a legal instrument whose principal purpose is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and does not include the acquisition (by purchase, lease, or barter) of property or services for the direct benefit or use of the United States Government. Such term does not include a cooperative agreement (as such term is used in section 6305 of title 31, United States Code) or a cooperative research and development agreement (as such term is defined in section 12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))). SEC. 8. INTERNET AVAILABILITY OF INFORMATION. The Administrator shall make available through the Internet home page of the National Oceanic and Atmospheric Administration the abstracts relating to all research grants and awards made with funds authorized by this Act. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public. SEC. 9. COMPLIANCE WITH BUY AMERICAN ACT. No funds authorized pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act''). SEC. 10. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the Secretary of Commerce shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. SEC. 11. PROHIBITION OF CONTRACTS. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations. Passed the House of Representatives May 19, 1999. Attest: JEFF TRANDAHL, Clerk.
National Weather Service and Related Agencies Authorization Act of 1999 - Authorizes appropriations for FY 2000 and 2001 to the Secretary of Commerce to enable the National Oceanic and Atmospheric Administration (NOAA) to carry out: (1) Operations, Research, and Facilities activities of the National Weather Service (NWS); (2) Procurement, Acquisition, and Construction activities of NWS; (3) Atmospheric Research Operations, Research, and Facilities environmental research and development activities of the Office of Oceanic and Atmospheric Research (OOAR); (4) Atmospheric Research Procurement, Acquisition, and Construction environmental research and development activities of OOAR; (5) Operations, Research, and Facilities environmental research and development and related activities of the National Environmental Satellite, Data, and Information Service (NESDIS); (6) Procurement, Acquisition, and Construction environmental research and development and related activities of NESDIS; and (7) Operations, Research, and Facilities environmental research and development and related activities required to meet recurring facilities operations costs associated with the David Skaggs Research Center in Boulder, Colorado. Revises requirements for the Secretary of Commerce's duties with respect to the NWS to include responsibilities for: (1) serving as the sole official source of weather and flood warnings; (2) issuing storm warnings; (3) collecting, exchanging, and distributing meteorological, hydrological, climatic, and oceanographic data and information;(4) preparing hydrometeorological guidance and core forecast information; and (5) issuing marine and aviation forecasts and warnings. Bars the NWS from providing or assisting other entities to provide a service that is currently provided or can be provided by commercial enterprise, unless: (1) the service provides vital weather warnings and forecasts for the protection of life and property of the general public; or (2) the U.S. Government is obligated to provide such service under international aviation agreements to provide meteorological services and exchange meteorological information. Directs the Secretary to report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate detailing all NWS activities which do not conform to requirements of this Act and outlining a timetable for their termination. Expresses the sense of the Congress that NWS must fully take into account the dangerous and life threatening nature of weather patterns in Wind Zone IV, otherwise known as tornado alley, before making any determination to close any of its local weather service offices. Requires the NOAA Administrator to exclude from consideration for grant agreements made after FY 1999 under the activities for which funds are authorized under this Act, any person who received funds (other than due to membership in a class specified by law for which assistance is awarded to class members according to a formula) appropriated for a fiscal year after FY 1999 under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit-based award process. Makes such an exclusion effective for a period of five years after receipt of such Federal funds. Directs the Administrator to make available through NOAA's Internet home page the abstracts relating to all research grants and awards made with funds authorized by this Act. Prohibits any funds authorized pursuant to this Act from being expended by an entity unless such entity agrees, in expending such assistance, to comply with the Act of March 3, 1933, known as the Buy American Act. Expresses the sense of the Congress that entities receiving any equipment or products that may be authorized to be purchased with financial assistance provided under this Act should, in expending such assistance, purchase only American-made equipment and products. Requires the Secretary to provide to each recipient of such assistance a notice describing such statement. Prohibits any person who has been finally determined by a court or Federal agency to have intentionally affixed a label bearing a "Made in America" inscription or any inscription with the same meaning to any product sold in or shipped to the United States that is not made in the United States, from receiving any contract or subcontract made with funds provided pursuant to this Act pursuant to debarment, suspension, and ineligibility procedures.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Child Care for Working Families Act of 2012''. SEC. 2. CHILD CARE FUNDING. (a) In General.--Section 418 of the Social Security Act (42 U.S.C. 618) is amended to read as follows: ``SEC. 418. FUNDING FOR CHILD CARE. ``(a) General Child Care Entitlement.-- ``(1) General entitlement.--Each State shall, for the purpose of providing child care assistance, be entitled to payments under a grant under this subsection for a fiscal year in an amount equal to the greater of-- ``(A) 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 402(g) and (i) of section 402 (as in effect before October 1, 1995); or ``(B) 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 subparagraph (A). ``(2) Remainder.-- ``(A) Grants.--The Secretary shall use any amounts appropriated for a fiscal year under paragraph (3) of this subsection, and remaining after grants are awarded under paragraph (1) of this subsection, to make grants to States (and Indian tribes and tribal organizations with applications approved under section 658O(c) of the Child Care and Development Block Grant Act of 1990) in the amounts necessary to provide guaranteed child care assistance to the populations described in subsection (b)(2) of this section. ``(B) Federal matching of state expenditures exceeding historical expenditures.--The Secretary shall pay to each eligible State for a fiscal year an amount equal to the Federal medical assistance percentage for the State for fiscal year (as defined in section 1905(b), as such section was in effect on September 30, 1995) of so much of the State's expenditures for child care in that fiscal year as exceed the total amount of expenditures by the State (including expenditures from amounts made available from Federal funds) in fiscal year 1994 or 1995 (whichever is greater) for the programs described in paragraph (1)(A) of this subsection. ``(3) Appropriation.--For grants under this section, there are appropriated to the Secretary such sums as are necessary to carry out this section for each fiscal year. ``(4) Data used to determine state and federal shares of expenditures.--In making the determinations concerning expenditures required under paragraphs (1) and (2)(B), the Secretary shall use information that was reported by the State on ACF Form 231 and available as of the applicable dates specified in clauses (i)(I), (ii), and (iii)(III) of section 403(a)(1)(D). ``(b) Use of Funds.-- ``(1) In general.--Amounts received by a State, Indian tribe, or tribal organization under this section shall be-- ``(A) used only to provide child care assistance; and ``(B) available for use without fiscal year limitation. ``(2) Child care to be guaranteed for certain populations.--As a condition of receiving funds under this section, a State (or Indian tribe or tribal organization with an application approved under section 658O(c) of the Child Care and Development Block Grant Act of 1990) shall guarantee child care assistance for a family with a dependent child requiring such care, if-- ``(A) the total income of the family does not exceed 200 percent of the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved); and ``(B) the child care assistance will enable an individual in the family (including an individual receiving assistance under the State program funded under this part) to accept employment, remain employed, or participate in an education or training activity. ``(c) Application of Child Care and Development Block Grant Act of 1990.--Notwithstanding any other provision of law, amounts provided to a State under this section shall be transferred to the lead agency under the Child Care and Development Block Grant Act of 1990, integrated by the State into the programs established by the State under such Act, and be subject to the requirements and limitations of such Act. ``(d) Regulations.--The Secretary shall promulgate regulations to implement this section.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the 1st day of the 1st fiscal year that begins after the 12-month period that begins with the date of the enactment of this Act.
Ensuring Child Care for Working Families Act of 2012 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to revise funding requirements for child care assistance to: (1) guarantee child care assistance for a family with a dependent child requiring such care, if the total income of the family does not exceed 200% of the poverty line and the child care assistance will enable an individual in the family to accept employment, remain employed, or participate in an education or training activity; and (2) include Indian tribes and tribal organizations as entities eligible for state grants in amounts equal to those granted to states.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Elder Justice Reauthorization Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the American Journal of Public Health, at least 10 percent of older Americans experience elder abuse. (2) Victims of elder financial abuse are estimated to lose at least $2.9 billion a year. (3) Victims of elder abuse are three times more likely to end up in a hospital and four times more likely to end up in a nursing home than nonvictims. (4) Adult protective services which operate in all 50 States to help prevent elder abuse and investigate cases have no dedicated Federal funding or any designated Federal agency home. (5) Underreporting of elder abuse cases, especially financial abuse, remains a major issue combined with a dearth of comprehensive and reliable data which collectively leads to a vast underestimation of the real amount of elder abuse in the Nation. (6) Differences in State laws and practices in the areas of abuse, neglect, and exploitation of older adults lead to significant disparities in prevention, protective and social services, treatment systems, and law enforcement, and lead to other inequities. (7) Starting with the 1974 enactment of the Child Abuse Prevention and Treatment Act, the Federal Government has played an important role in promoting research, training, public safety, data collection, the identification, development, and dissemination of promising health care, social, and protective services, and law enforcement practices, relating to child abuse and neglect, domestic violence, and violence against women. The Federal Government should promote similar efforts and protections relating to elder abuse, neglect, and exploitation. (8) The Federal Government should provide leadership to assist States and communities in their efforts to prevent elder abuse, including the promotion of coordinated planning between all levels of government and nongovernment entities and generating and sharing knowledge relevant to protecting elders. (9) The problem of elder abuse, neglect, and exploitation requires a comprehensive approach that-- (A) recognizes the statutory role of State and local adult protective services and long-term care ombudsman programs to respond to elder abuse; (B) integrates the work of health, legal, and social service agencies and organizations; (C) emphasizes the need for prevention, detection, reporting, investigation, assessment and treatment, and prosecution of elder abuse, neglect, and exploitation at all levels of government; (D) ensures that sufficient numbers of properly trained personnel with specialized knowledge are in place to treat, assess, and provide services related to elder abuse, neglect, and exploitation, and carry out elder protection duties; (E) ensures there is cultural competency to address the unique needs of a diverse older adult population with respect to elder abuse; and (F) balances an elder's right to self-determination with society's responsibility to protect elders. (10) The future well-being of millions of older adults may be challenged by elder abuse and a coordinated and comprehensive Federal response is needed. Elder abuse prevention is a sound investment that can produce savings to the Medicare and Medicaid programs in the future. (11) A victim of elder abuse is never the same after being victimized. SEC. 3. REAUTHORIZATION OF THE ELDER JUSTICE ACT OF 2009. (a) Amendments to the Social Security Act.-- (1) Each of the following provisions of the Social Security Act is amended by striking ``2014'' and inserting ``2019'': (A) Section 2024(2) (42 U.S.C. 1397k-3(2)). (B) Section 2042(a)(2) (42 U.S.C. 1397m-1(a)(2)). (C) Section 2042(b)(5) (42 U.S.C. 1397m-1(b)(5)). (D) Section 2042(c)(5) (42 U.S.C. 1397m-1(c)(5)). (E) Section 2043(b)(2) (42 U.S.C. 1397m-2(b)(2)). (2) Each of the following provisions of the Social Security Act is amended by striking ``and 2014'' and inserting ``through 2019'': (A) Section 2031(f)(3) (42 U.S.C. 1397l(f)(3)). (B) Section 2041(d)(3) (42 U.S.C. 1397m(d)(3)). (C) Section 2043(a)(2)(C) (42 U.S.C. 1397m- 2(a)(2)(C)). (3) Section 2045 of the Social Security Act (42 U.S.C. 1397m-4) is amended by striking ``October 1, 2014'' and inserting ``2 years after the completion of grants made to States under section 2042''. (b) Amendments to the Patient Protection and Affordable Care Act.-- Section 6703(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 1395i-3a(b)) is amended in each of paragraphs (1)(C) and (2)(C), by striking ``2014'' and inserting ``2019''.
Elder Justice Reauthorization Act Reauthorizes the Elder Justice Act of 2009 and funding for its programs through FY2019. Amends the Patient Protection and Affordable Care Act to reauthorize through FY2019: (1) the National Training Institute for Federal and State Surveyors, and (2) grants by the Secretary of Health and Human Services to state agencies that perform surveys of skilled nursing facilities or nursing facilities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Agent Orange Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Exposed employee.--The term ``exposed employee'' means an individual who-- (A) during the Vietnam conflict-- (i) was a civilian employee of the Federal Government, or an employee of a contractor (or subcontractor at any tier) of the Department of Defense; and (ii) while so employed, was-- (I) physically present in the Republic of Vietnam during the period beginning January 9, 1962, and ending on May 7, 1975; or (II) in or near the Korean demilitarized zone during the period beginning September 1, 1967, and ending on August 31, 1971; (B) contracted an Agent Orange illness; and (C) suffered injury or death by reason of that illness. (2) Agent orange illness.--The term ``Agent Orange illness'' means an illness listed by the National Institute of Medicine as having at least a limited or suggestive association with 2,4-dichlorophenoxyacetic acid (2,4-D), 1,4,5- trichlorophenoxyacetic acid (2,4,5-T), 4-amino-3,5,6- trichloropicolinic acid (picloram), and cacodylic acid (dimenthylarsenic acid, DMA), and 2,3,7,8-tetrachlorodibenzo-p- dioxin (TCDD, or dioxin). SEC. 3. COMPENSATION PROGRAM. (a) In General.--There is hereby established a program to be known as the ``Agent Orange Illness Compensation Program'' (in this Act referred to as the ``compensation program''), to be carried out by the Attorney General. (b) Purpose.--The purpose of the compensation program is to provide for timely, uniform, and adequate compensation of exposed employees and, where applicable, survivors of such employees, suffering from Agent Orange illnesses incurred by such employees. SEC. 4. COMPENSATION FUND. (a) Establishment.--There is hereby established on the books of the Treasury a fund to be known as the ``Agent Orange Illness Compensation Fund'' (in this Act referred to as the ``compensation fund''). (b) Amounts.--The compensation fund shall consist of the following amounts: (1) Amounts appropriated to the compensation fund pursuant to an authorization of appropriations. (2) Amounts transferred to the compensation fund. (c) Financing.--Upon the exhaustion of amounts in the compensation fund, the Secretary of the Treasury shall transfer directly to the compensation fund from the General Fund of the Treasury, without further appropriation, such amounts as are further necessary to carry out the compensation program. (d) Use.--Subject to subsection (e) of this section, amounts in the compensation fund shall be used to carry out the compensation program. (e) Administrative Costs not Paid From Fund.--No cost incurred in carrying out the compensation program, or in administering the compensation fund, shall be paid from the compensation fund. (f) Monetary Allowance not to Be Considered as Income or Resources for Certain Purposes.--Notwithstanding any other provision of law, a monetary allowance paid an individual under this Act shall not be considered as income or resources in determining eligibility for, or the amount of benefits under any Federal or federally assisted program. (g) Investment.--Amounts in the compensation fund shall be invested in accordance with section 9702 of title 31, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the compensation fund. (h) Authorization of Appropriations.--There is hereby authorized to be appropriated $100,000,000 to the compensation fund. SEC. 5. COMPENSATION TO BE PROVIDED. (a) In General.--An exposed employee, or the eligible survivor of that employee if the employee is deceased, shall receive compensation for the injury, illness, or death of that employee from that employee's Agent Orange illness in an amount determined under subsection (b). (b) Amount.--For each exposed employee, the Attorney General shall provide compensation in the amount of $100,000. (c) Payments in the Case of Deceased Persons.-- (1) Survivors eligible.--In the case of an exposed employee who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the employee's Agent Orange illness, such payment may be made only as follows: (A) If the employee is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the employee who-- (i) had not yet attained the age of 18 when the employee died or was permanently or totally disabled before the age of 18; and (ii) are living at the time of payment. (2) Claims.--If an employee eligible for payment dies before filing a claim under this Act, a survivor of that employee who may receive payment under paragraph (1) may file a claim for such payment. (3) Definitions.--For purposes of this subsection-- (A) the ``spouse'' of an individual is a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual; and (B) a ``child'' includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child. (d) Children With Spina Bifida.--In any case in which a child of an exposed employee is born with spina bifida by reason of that employee's exposure to Agent Orange, that child shall directly receive compensation in an amount determined under subsection (b). SEC. 6. CLAIMS PROCESSING. (a) In General.--Subject to subsections (b), (c), and (d), the Attorney General shall specify standards and criteria for filing applications and for processing, determining, and paying claims. (b) Deadline.--A claim not filed within 20 years after the date of the enactment of this Act is void. (c) Written Medical Documentation.--Payment may not be made on a claim except on written medical evidence that the Attorney General, in consultation with the Surgeon General, determines to be adequate. (d) Review.--Unless otherwise specified by the Attorney General, any determination on a claim under this Act is not subject to administrative or judicial review. SEC. 7. IMPLEMENTATION. (a) In General.--The Attorney General shall prescribe regulations to implement this Act. SEC. 8. OFFSET FOR CERTAIN OTHER PAYMENTS. A payment of compensation to an individual, or to a survivor of that individual, under this Act shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim, against any person, that is based on the same illness, injury, or death of that individual on account of exposure to Agent Orange herbicides.
Civilian Agent Orange Act of 2006 - Establishes: (1) the Agent Orange Illness Compensation Program to be carried out by the Attorney General; and (2) the Agent Orange Illness Compensation Fund in the Treasury. Entitles an eligible exposed employee, or the eligible survivor of such employee, to $100,000 compensation. Defines an "exposed employee" as an individual who: (1) was a civilian employee of the federal government, an employee of a contractor, or subcontractor at any tier of the Department of Defense; (2) was an employee present in the Republic of Vietnam or in or near the Korean demilitarized zone during the period beginning September 1, 1976, and ending on August 31, 1971; and (3) suffered injury or death by reason of an Agent Orange illness. Defines "eligible survivors" as the surviving spouse or, if there is no surviving spouse, all surviving children of the employee who had not yet attained the age of 18 when the employee died or was permanently disabled. Offsets a payment of any compensation made under this Act by any claim paid on the basis of the same illness or death due to exposure to Agent Orange herbicides.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Information Technology Management Improvement Act of 2005''. SEC. 2. MANAGEMENT OF INFORMATION TECHNOLOGY IN DEPARTMENT OF VETERANS AFFAIRS. (a) Resources, Budget, and Personnel Authority of Chief Information Officer.--Section 310 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(c) To support the economical, efficient, and effective execution of the information technology objectives, policies, and plans of the Department in support of Department goals, the Secretary shall ensure that the Chief Information Officer has the authority and control necessary for the development, approval, implementation, integration, and oversight of policies, procedures, processes, activities, and systems of the Department relating to the management of information technology for the Department, including the management of all related mission applications, information resources, personnel, and infrastructure. ``(d)(1) The Secretary, acting through the Chief Information Officer, shall develop, implement, and maintain a process for the selection and oversight of information technology for the Department. ``(2) As components of the development of the process required by paragraph (1), the Secretary shall develop for the Department-- ``(A) an information technology strategic plan that includes performance measurements; and ``(B) an integrated enterprise architecture. ``(3) The information technology strategic plan shall set forth a multiyear plan for the use of information technology and related resources to support the accomplishment of the Department's mission. ``(4) The Chief Information Officer shall review and update the information technology strategic plan and the integrated enterprise architecture on an ongoing basis to maintain the currency of the plan and the currency of the enterprise architecture with technological changes and changing mission needs of the Department. ``(e)(1) Funds may be obligated for information technology for the Department only in accordance with the process implemented under paragraph (1) or as otherwise specifically authorized or delegated by the Chief Information Officer or as otherwise directed by the Secretary. ``(2)(A) Amounts appropriated for the Department for any fiscal year that are available for information technology shall be allocated within the Department, consistent with the provisions of appropriations Acts, in such manner as may be specified by, or approved by, the Chief Information Officer. ``(B) If for any fiscal year amounts referred to in subparagraph (A) that are available for the Veterans Health Administration (or are otherwise available for functions relating to medical care) are to be allocated under subparagraph (A) in a manner that is inconsistent with the allocation method known as the Veterans Equitable Resource Allocation, such allocation may be made only with the approval of the Secretary and after the Under Secretary for Health is notified. ``(3) When the budget for any fiscal year is submitted by the President to Congress under section 1105 of title 31, the Secretary shall submit to Congress a report that identifies amounts requested for information technology for the Department. The report shall set forth those amounts both for each Administration within the Department and for the Department in the aggregate and shall identify, for each such amount, how that amount is aligned with and supports the information technology strategic plan under subsection (d), as then in effect. ``(f)(1) The Chief Information Officer shall select the Chief Information Officer for each of the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Any such selection may only be made after consultation with the Under Secretary with responsibility for the Administration for which the selection is to be made. ``(2) Each Administration Chief Information Officer selected under paragraph (1)-- ``(A) shall be designated as a Department Deputy Chief Information Officer; and ``(B) shall report to the Department Chief Information Officer. ``(3) The Department Deputy Chief Information Officers are responsible for implementing in their respective Administrations, as directed by the Department Chief Information Officer, the information technology strategic plan and the integrated enterprise architecture developed for the Department by the Department Chief Information Officer pursuant to subsection (d)(2). ``(4) To accomplish the policies, programmatic goals, information technology system acquisitions, and alignments prescribed, authorized, or directed by the Department Chief Information Officer, each Department Deputy Chief Information Officer shall maintain, for their respective Administrations, operational control of all information technology system assets and personnel necessary, including direct management of the Administration's software and applications development activities. ``(5) The Department Deputy Chief Information Officers-- ``(A) shall be the principal advocate for the information technology needs of their respective Administrations; and ``(B) shall assure, by coordinating with the Department Chief Information Officer, that the business and mission needs of their respective Administrations are met by considering requirements at all levels. ``(g)(1) The Secretary shall ensure that the annual report submitted by the Secretary pursuant to section 11313 of title 40 includes an identification of any obligation approved by the Chief Information Officer under subsection (e)(1), including the date, amount, and purpose of such obligation. ``(2) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives an annual report, not later than March 1 of each year (beginning in 2009), providing the Secretary's assessment of the implementation during the year covered by the report of the provisions of subsections (c), (d), and (e). Each such report shall include-- ``(A) the assessment of the Secretary as to increased efficiency within the Department of information technology acquisition processes, management, responsibility, and accountability as a result of those provisions; and ``(B) estimated cost savings to the Department as a result of those provisions. ``(h) In this section, the term `information technology' has the meaning given that term in paragraph (6) of section 11101 of title 40.''. (b) Reports to Congress on Implementation.-- (1) Periodic progress reports.-- (A) Reports required.--The Secretary of Veterans Affairs shall submit to Congress progress reports on the implementation of subsections (c), (d), and (e), of section 310 of title 38, United States Code, as added by subsection (a). (B) Time for progress reports.--A report under subparagraph (A) shall be submitted as expeditiously as feasible after the end of the 60-day period, the 90-day period, and the 180-day period beginning on the date of the enactment of this Act. (C) Matter to be included.--Each report under this paragraph shall set out the progress to date on the implementation of the provisions specified in subparagraph (A). (2) Interim reports.--After the completion of the first 12 months, and after the completion of the first 18 months, of the implementation of the provisions specified in paragraph (1)(A), the Secretary shall submit to Congress an interim report on the operation of those provisions to that date. Each such report shall include the following: (A) The assessment of the Secretary as to increased efficiency within the Department of Veterans Affairs of information technology acquisition processes, management, responsibility, and accountability. (B) Estimated cost savings to the Department as a result of those provisions. (3) Final implementation report.--Not later than January 1, 2008, the Secretary shall submit to Congress a final report on the implementation of the provisions specified in paragraph (1)(A). The Secretary shall include in that report the matters specified in paragraph (2) and the Secretary's recommendation for any modifications to information technology management within the Department of Veterans Affairs. Passed the House of Representatives November 2, 2005. Attest: JEFF TRANDAHL, Clerk.
Department of Veterans Affairs Information Technology Management Improvement Act of 2005 - Directs the Secretary of Veterans Affairs to ensure that the Chief Information Officer (CIO) of the Department of Veterans Affairs has the authority and control necessary for the development, approval, implementation, integration, and oversight of policies, procedures, processes, activities, and systems relating to the management of Department information technology. Requires the: (1) Secretary to develop, implement, and maintain a process for the selection and oversight of information technology for the Department, including a strategic plan that includes performance measurements and an integrated enterprise architecture; and (2) CIO to review and update on an ongoing basis the plan and architecture. Directs the CIO to select the CIOs for each of the Veterans Health Administration, Veterans Benefits Administration, and National Cemetery Administration, who will implement the plan and architecture within their departments. Requires the Secretary to submit to the congressional veterans' committees interim and annual progress reports on the implementation of this Act, with a final report due no later than January 1, 2008.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Drug Sentencing Act of 2007''. SEC. 2. POWDER AND CRACK COCAINE SENTENCING DISPARITY REDUCTION. (a) Controlled Substances Act.--Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended-- (1) in subparagraph (A)(iii), by striking ``50 grams'' and inserting ``250 grams''; and (2) in subparagraph (B)(iii), by striking ``5 grams'' and inserting ``25 grams''. (b) Controlled Substances Import and Export Act.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) in paragraph (1)(C), by striking ``50 grams'' and inserting ``250 grams''; and (2) in paragraph (2)(C), by striking ``5 grams'' and inserting ``25 grams''. SEC. 3. CHANGE IN PENALTY FOR POSSESSION OF CRACK COCAINE. Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by striking ``Notwithstanding the preceding sentence,'' and all that follows through ``the mixture or substance exceeds 1 gram.''. SEC. 4. INCREASED EMPHASIS ON CERTAIN AGGRAVATING FACTORS RELATED TO SERIOUSNESS OF THE OFFENSE. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines to ensure that the penalties for an offense involving trafficking of a controlled substance provide tiered enhancements for the involvement of a dangerous weapon or violence, including, if appropriate-- (1) an increase to the existing enhancement for possession of a dangerous weapon; (2) an enhancement for the use or brandishment of a dangerous weapon; (3) an enhancement for the use, or threatened use, of violence; and (4) any other enhancement the Commission considers necessary. SEC. 5. INCREASED EMPHASIS ON CERTAIN FACTORS RELATED TO THE CULPABILITY OF THE OFFENDER. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines to ensure that the penalties for an offense involving trafficking of a controlled substance adequately take into account the culpability of the defendant and the role of the defendant in the offense. (b) Considerations.--In carrying out this section, the United States Sentencing Commission shall consider-- (1) whether enhancements should be added, either to the existing enhancements for aggravating role or otherwise, that take into account aggravating factors associated with the offense, including-- (A) whether the defendant committed the offense as part of a pattern of criminal conduct engaged in as a livelihood; (B) whether the defendant maintained an establishment for the manufacture or distribution of the controlled substance; (C) whether the defendant distributed a controlled substance to an individual under the age of 18 years or a pregnant individual; (D) whether the defendant involved an individual under the age of 18 years or a pregnant individual in the offense; (E) whether the defendant manufactured or distributed the controlled substance in a location described in section 409(a) or section 419(a) of the Controlled Substances Act (21 U.S.C. 849(a) or 860(a)); (F) whether the defendant bribed, or attempted to bribe, a Federal, State, or local law enforcement officer in connection with the offense; (G) whether the defendant was involved in the importation into the United States of the controlled substance; (H) whether the defendant committed the offense after previously being convicted of a felony controlled substances offense; and (I) any other factor the Commission considers necessary; and (2) whether adjustments should be added, either to the existing guideline for mitigating role or otherwise, that take into account mitigating factors associated with the offense, including-- (A) whether the defendant had minimum knowledge of the illegal enterprise; (B) whether the defendant received little or no compensation in connection with the offense; and (C) whether the defendant acted on impulse, fear, or friendship when the defendant was otherwise unlikely to commit such an offense. SEC. 6. EMERGENCY AUTHORITY AND DEADLINE FOR COMMISSION ACTION. The United States Sentencing Commission shall promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 90 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as though the authority under that Act had not expired.
Fairness in Drug Sentencing Act of 2007 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase (by a factor of five) the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking in such controlled substance. Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine. Directs the U.S. Sentencing Commission to review and amend, if appropriate, its sentencing guidelines for trafficking in a controlled substance to reflect the use of a dangerous weapon or violence in such crime and the culpability and role of the defendant in such crime.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``America Stands with Israel Act''. SEC. 2. FINDINGS. Congress finds the following: (1) A state of armed conflict exists between Israel and the Hamas regime controlling Gaza. Hamas has launched 10,000 rockets against Israeli civilians, and is presently smuggling in arms and military supplies into Gaza, by land and sea, in order to fortify its positions and continue its attacks. (2) Under international law, Israel has the right to protect the lives of its civilians from Hamas attacks, and, consequently, has undertaken measures to defend itself, including the imposition of a maritime blockade to curb Hamas rearmament. Under international maritime law, when a maritime blockade is in effect, no vessels can enter the blockaded area. Its use of force for soldiers to defend themselves is also acceptable under international law. (3) Hamas is a terrorist organization recognized by the United States and the European Union whose charter calls for the destruction of Israel. Hamas has also illegally taken control of Gaza and has used rockets, mortars, and suicide bombs to kill hundreds of Israelis and Americans inside of Israel, which it continues to this day. (4) Hamas is funded and directly supported by Iran which uses it as a proxy to fight Israel. In addition, Iran recently announced it would send Iranian ships to escort future ships attempting to break the Gaza blockade. (5) In 2002, Israel intercepted the Karine A which was found to be carrying 50 tons of weapons destined for Hamas and, in 2009, Israel intercepted the Francop carrying hundreds of tons of weapons destined for Hezbollah. (6) Israel allows approximately 15,000 tons of supplies to enter Gaza on a daily basis. In the last 18 months over a million tons of humanitarian supplies have entered Gaza from Israel. (7) Even though Israel repeatedly warned the flotilla it would not be allowed entry in to Gaza and offered to deliver to Gaza the humanitarian goods that the flotilla was carrying, Israel was rebuffed. (8) Greta Berlin, one of the leaders of the flotilla, admitted the purpose was not to bring humanitarian aid to Gaza but rather to end the blockade. (9) The main organizer of the flotilla was the Turkish Humanitarian Relief Foundation, which has publicly affirmed its links to Hamas, maintains an office in Gaza, and has ties to other terrorist organizations, including al-Qaeda, and several of the passengers on the flotilla have links or have provided financial support to Hamas, Palestinian Islamic Jihad, and al- Qaeda. (10) According to its Web site, the United Nations Human Rights Council is an intergovernmental body within the United Nations consisting of 47 countries responsible for strengthening the promotion and protection of human rights around the globe. However, its members include such notorious violators of human rights as China, Cuba, Egypt, Saudi Arabia, and Russia. In addition, the Human Rights Council has produced the deeply flawed and biased United Nations Fact Finding Mission on the Gaza Conflict (Goldstone Report) which was rejected by the Obama Administration and Congress, and at least 27 resolutions specifically condemning Israel. SEC. 3. STATEMENT OF CONGRESS. Congress declares that the United States stands with the Government of Israel and the Israeli people. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the United States-- (1) supports Israel's unconditional right to defend itself; (2) supports Israel's naval blockade of Gaza; and (3) should oppose any United Nations investigation into the flotilla incident. SEC. 5. ACTIONS AT THE UNITED NATIONS HUMAN RIGHTS COUNCIL; PROHIBITION ON CERTAIN CONTRIBUTIONS. (a) Cessation of Membership.--The Secretary of State shall direct the United States Permanent Representative to the United Nations to cease United States participation in and membership on the United Nations Human Rights Council. (b) Prohibition on Certain Contributions.-- (1) In general.--The Secretary of State may not contribute to the United Nations any funds to be used to pay for an investigation into the flotilla incident. (2) Recapture.--The Secretary of State shall ensure that no United States contributions to the United Nations are used for an investigation into the flotilla incident, including, where necessary, by withholding from United States contributions to the regularly assessed biennial budget of the United Nations amounts equal to any amounts so expended.
America Stands with Israel Act - Expresses the sense of Congress that the United States: (1) supports Israel's right to defend itself; (2) supports Israel's naval blockade of Gaza; and (3) should oppose any investigation by the United Nations (U.N.) into the flotilla incident (involving the May 2010 Israeli interception of ships carrying supplies to Gaza). Requires the Secretary of State to direct the U.S. Permanent Representative to the United Nations to cease U.S. participation in and membership on the United Nations Human Rights Council (UNHRC). Prohibits the Secretary from contributing any funds to the United Nations for an investigation into the flotilla incident. Directs the Secretary to ensure that no U.S. contributions to the United Nations are used for any such investigation, including by withholding from U.S. contributions to the regularly assessed biennial budget of the United Nations amounts equal to any amounts so expended.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Waterways Are Vital for the Economy, Energy, Efficiency, and Environment Act of 2012'' or the ``WAVE4 Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The inland waterways navigation system is vital to the economic well-being of the Nation. (2) Energy reliability and conservation are the cornerstones of the inland waterways navigation system. (3) The efficiency of the inland waterways navigation system creates the optimum transportation mode for bulk commodities in the United States. (4) The inland waterways navigation system provides for environmental protection and ecosystem sustainability. SEC. 3. PURPOSES. In order to ensure continued safe, dependable, highly cost- effective, and environmentally sustainable navigation on the inland and intracoastal waterways of the United States, the purposes of this Act are to-- (1) improve program and project management applicable to the construction and major rehabilitation of navigation projects on such waterways; (2) optimize inland waterways navigation system reliability; (3) minimize the size and scope of inland waterways navigation project completion schedules; (4) eliminate preventable delays in inland waterways navigation project completion schedules; and (5) make inland waterways navigation capital investments through use of prioritization criteria that seek to maximize system-wide benefits and minimize overall system risk. SEC. 4. DEFINITIONS. In this Act: (1) Qualifying project.--The term ``qualifying project'' means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is-- (A) authorized before, on, or after the date of enactment of this Act; (B) not completed on the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund. (2) Major rehabilitation project.--The term ``major rehabilitation project'' means a project for the restoration of a major project or major project feature that has an estimated cost greater than $100,000,000. SEC. 5. PROJECT DELIVERY PROCESS REFORMS. The Secretary of the Army, acting through the Chief of Engineers, shall require the following: (1) Formal project management training and certification for project managers of a qualifying project. (2) Assignment as project managers for a qualifying project only of personnel fully certified by the Chief of Engineers. (3) Cost estimation that is risk-based and has a confidence level of at least 80 percent for a qualifying project. (4) Independent external peer review and submission to Congress (in the case of a feasibility report) or the Secretary (in the case of a rehabilitation evaluation report) for any qualifying project-- (A) that-- (i) has an estimated total project cost greater than $45,000,000; (ii) is subject to public safety concerns, as determined by the Chief of Engineers; (iii) involves a high level of complexity or novel or precedent-setting approaches, as determined by the Chief of Engineers; or (iv) is identified by the Chief of Engineers as a matter of significant interagency interest; or (B) for which such a review has been requested by the Governor of any State affected by the project. (5) Appointment to a project development team for a qualifying project of a member of the Inland Waterways Users Board, selected by the Chairman of the Users Board. (6) Communication quarterly to the Inland Waterways Users Board of the status of a qualifying project that is under construction. (7) Inclusion of the Chairman of the Inland Waterways Users Board and the project development team appointee under paragraph (5) as signatories of the project management plan for a qualifying project. (8) Establishment of a system to identify and apply on a continuing basis lessons learned from prior or ongoing projects so as to improve the likelihood of on-time and on-budget completion of qualifying projects. (9) Evaluation, including through use of one or more pilot projects, of early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance. (10) Such additional measures that the Secretary determines will achieve the purposes of this Act, including, as determined appropriate by the Secretary-- (A) implementation of applicable practices and procedures drawn from the Secretary's management of the military construction program; (B) creation of one or more centers of expertise for the design and review of qualifying projects; (C) development and use of a portfolio of standard designs for inland navigation locks; (D) use of full-funding contracts or formulation of a revised continuing contracts clause; and (E) establishment of procedures for recommending new project construction starts using a capital projects business model. SEC. 6. 20-YEAR CAPITAL INVESTMENT PROGRAM. (a) Program Required.--Not later than one year after the date of enactment of this Act, the Secretary of the Army, working in conjunction with the Inland Waterways Users Board, shall submit to Congress a 20-year program for making capital investments on the inland and intracoastal waterways based on application of objective national project-selection prioritization criteria, as developed by the Secretary. Such program may be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Inland Waterways Users Board. (b) Annual Review and Update.--Beginning not later than one year after the date on which a 20-year program is submitted to Congress under subsection (a), and each year thereafter, the Secretary of the Army, working in conjunction with the Inland Waterways Users Board, shall submit to Congress an updated 20-year program. Such updated program shall include identification and explanation of any changes that were made to the prior year's project-specific recommendations, including any changes that were made to the objective national project- selection prioritization criteria that were used to develop the updated recommendations. (c) Strategic Review and Update.--Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary of the Army, working in conjunction with the Inland Waterways Users Board, shall submit to Congress a strategic review of the capital investment program for the Inland Marine Transportation System and make such revisions to the program as the Secretary and Users Board jointly consider appropriate. SEC. 7. COST SHARING FOR QUALIFYING PROJECTS. (a) General Rule.--Notwithstanding any other provision of law, and subject to subsection (b), one-half of the cost of construction of a qualifying project shall be paid only from amounts appropriated from the general fund of the Treasury, and one-half of such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund. (b) Special Rule for Dams.--Notwithstanding subsection (a), the cost of construction of a dam shall be paid only from amounts appropriated from the general fund of the Treasury. SEC. 8. LIMITATION ON EXPENDITURES FROM THE INLAND WATERWAYS TRUST FUND. Section 9506 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c)(1), by-- (A) inserting ``and subject to subsection (d),'' after ``Except as provided in paragraph (2),''; (B) striking ``, as in effect on the date of the enactment of this section'' and inserting ``, provided that such expenditures may not exceed 50 percent of the total cost of the construction or rehabilitation''; and (2) by inserting at the end the following: ``(d) Limitation on Expenditures From Trust Fund.--(1) Amounts in the Inland Waterways Trust Fund shall not be available for expenditures for-- ``(A) construction or rehabilitation of dams; or ``(B) any rehabilitation expenditure that does not equal or exceed $100,000,000. ``(2) Amounts in the Inland Waterways Trust Fund may not be used to pay for any part of the cost to construct an authorized Federal project that exceeds the sum of-- ``(A) the total authorized cost to construct the Federal project as specified in the Public Law that authorized construction of the project or, in the case of a rehabilitation project, in the relevant rehabilitation evaluation report; ``(B) an adjustment for inflation for the time that elapses between the date of the project's authorization and the date on which construction of the project begins; and ``(C) an additional amount, if any, jointly agreed to by the Secretary and the Inland Waterways Users Board as appropriate to the project.''. SEC. 9. REVISION TO INLAND WATERWAYS USER FEE. Section 4042(b)(2)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) The Inland Waterways Trust Fund financing rate is the rate determined in accordance with the following table: The tax per ``If the use occurs: gallon is: During 2012........................................ 20 cents After 2012......................................... 26 cents''.
Waterways Are Vital for the Economy, Energy, Efficiency, and Environment Act of 2012 or WAVE4 Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to require certain delivery process reforms for qualifying construction and major rehabilitation projects for navigation infrastructure of inland and intracoastal waterways. Directs the Secretary, working in conjunction with the Inland Waterways Users Board, to submit to Congress a 20-year program for making capital investments on inland and intracoastal waterways. Authorizes such program to be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Board. Amends the Internal Revenue Code to limit expenditures from the Inland Waterways Trust Fund to 50% of the total cost of the construction or rehabilitation project. Prohibits expenditures from the Fund for: (1) construction or rehabilitation of dams, or (2) rehabilitation expenditures equal to or exceeding $100 million.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Demilitarization for Development Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The world's governments spend $868,000,000,000 each year to support military forces of more than 27,000,000 soldiers. (2) This expenditure for achieving security has itself become a serious threat to security, absorbing 12 percent of all government expenditures at a time when citizens in both developed and developing countries face sharp cuts in programs--such as health, education, research, and job training--that provide the human building blocks for our common future. (3) The United States and other developed nations bear significant responsibility for excessive military expenditures, accounting for 75 percent of world military spending and for 90 percent of arms transfers to developing nations, with the United States being the world's leader in both categories. (4) The United States and other developed nations jointly have a controlling vote in the International Monetary Fund, the International Bank for Reconstruction and Development, and other international financial institutions that have subsidized excessive military spending in numerous countries by exempting the military portions of a country's budget from audit and assessment. (5) Developing nations also bear significant responsibility for excessive military expenditures, spending $221,000,000,000 each year, or 4 times all receipts of foreign aid from all sources. (6) In the developing world, where more than 900,000,000 people cannot read or write, military spending exceeds spending on education. (7) In the developing world, where 1,000,000,000 people never see a health professional and where more than 2,000,000 children die each year of preventable infectious diseases, military spending is more than twice as high as spending on health. (8) The lack of transparency, to both a country's citizens and to international financial institutions, of the military budget and of military ownership or other forms of involvement in the civilian economy provides refuge for corruption and undercuts the international financial institutions' efforts to promote ``good governance''. (9) Ownership of businesses and investment funds and other types of financial interests of armed forces in the civilian sector of the economy in countries as diverse as Chile, China, Ecuador, Guatemala, and Indonesia distorts prices and reduces competition, and also increases the political power of armed forces, thereby posing a threat to the transition to economic and political freedom in the developing world that is a primary goal of United States foreign policy. (10) Top-ranking United States and international officials, including the Secretary of the Treasury, the President of the World Bank, and the Managing Director of the International Monetary Fund, have publicly recognized the urgent need to reduce world military spending, and pledged to make policy changes in their institutions to promote reductions. (11) Congress and the President have also made the reduction of world military spending a goal of United States foreign policy, and provided for the use of the financial resources and technical capabilities of the international financial institutions to achieve that goal, by enacting-- (A) section 60 of the Bretton Woods Agreements Act, which requires the United States Executive Director at the International Monetary Fund to report on methods to promote reductions in military spending; (B) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993, which, in its statement of managers, urges United States executive directors at all the international financial institutions to use the United States voice and vote to promote reductions in military spending; (C) section 570 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994, which requires the State Department to report on countries' efforts to reduce military spending, including regional force reduction talks; and (D) section 1502 of the International Financial Institutions Act, which requires United States executive directors at the international financial institutions to take into account, when deciding on loan proposals, the proposed recipient's commitment to providing accurate military spending data and ending military involvement in the civilian economy. (12) Despite these high-level statements and requirements in law, no significant progress has been made in establishing either a mechanism for regional talks on mutual military reductions or mechanisms within the international financial institutions for-- (A) verifying through accepted auditing procedures the accuracy of reported military budgets; (B) receiving and assessing the justification for various expenditures within military budgets as well as the overall trends and amounts of such expenditures; and (C) ending military ownership and financial interests in the civilian economy. (13) Dr. Oscar Arias, former President of Costa Rica and 1987 Nobel Peace Laureate, has joined with 67 citizens' groups around the world to propose a practical plan to achieve the goals of these high-level statements and requirements in law, The Year 2000 Campaign to Redirect World Military Spending to Human Development, which contains the following 6 proposals: (A) The Security Council and General Assembly of the United Nations call on all nations to commit to meeting with their neighbors to identify and implement confidence-building measures and mutual reductions in military threats that will reduce the likelihood of future conflicts. These nations will seek to achieve substantial reductions in military forces and expenditures by the year 2000. (B) Special envoys be appointed by the United Nations Secretary-General to organize these demilitarization talks in various regions of the world. (C) Every nation meet with its regional envoy to present plans for regional security at reduced force levels. These nations will also participate in negotiations guided by the envoy in order to identify military capacities and implement mutual force reductions. Such negotiations will reduce the threat that nations pose to each other due to the size, proximity, and technological sophistication of their armed forces. (D) With savings from reduced military spending, all nations, in cooperation with grassroots organizations, implement economic reforms related to demilitarization, such as the conversion of military to non-military production, landmine clearance, community reconstruction, and the reintegration of demobilized soldiers. (E) In support of the steps taken toward demilitarization by developing countries, industrialized nations condition their bilateral and multilateral aid to promote demilitarization. They will exchange debt forgiveness for military conversion efforts, provide special funding for programs to assist the demilitarization process, promote full transparency and reductions in military budgets, and bring about the end of military involvement in the civilian economy. (F) All arms-exporting nations agree to a Code of Conduct on arms transfers that would bar exports to nondemocratic governments, countries engaged in armed aggression in violation of international law, countries that do not fully participate in the United Nations Register of conventional arms, and governments permitting gross violations of internationally recognized human rights. (14) Citizens around the world are signing The Arias Peace Pledge and communicating to their governments their support for the proposals of The Year 2000 Campaign to Redirect World Military Spending to Human Development. (15) The United Nations General Assembly is expected to consider crucial components of this 6-point plan. SEC. 3. PURPOSE. The purpose of this Act is to enhance international security by using the resources and expertise of the international financial institutions and the United Nations to redirect world military spending to human development. SEC. 4. SPECIAL ENVOYS FOR MUTUAL DISARMAMENT. The President shall instruct the United States Ambassador to the United Nations to support in the Security Council, the General Assembly, and other United Nations bodies, resolutions and other efforts to-- (1) appoint special envoys for conflict prevention to organize and conduct, in cooperation with appropriate multilateral institutions, mutual disarmament talks in every region of the world in which all nations would participate, and to report to international financial institutions on the degree of cooperation of governments with these talks; (2) commit each member state to agree to meet with its regional special envoy within 3 months of appointment to deliver and discuss its proposal for regional (and, where appropriate, international) confidence-building measures, including mutual reductions in the size, proximity, and technological sophistication of its and other nations' armed forces, that would lead to significant cuts in threat levels and military spending; and (3) commit each member state to agree to continue meeting with the special envoy and such regional bodies and states as the special envoy shall suggest to complete negotiations on such confidence-building measures, with the goal of making significant cuts in military spending by the year 2000. SEC. 5. ALTERNATIVE SECURITY PLAN. Within 3 months after the date of the enactment of this Act, the President shall prepare and deliver to the Congress and to the Secretary General of the United Nations a report as described in section 4(2) that would detail the changes in other nations' forces and United States forces that would permit by the year 2000 a 50 percent reduction in United States military spending. SEC. 6. UNITED STATES POLICY AT INTERNATIONAL FINANCIAL INSTITUTIONS. (a) Higher Priority for Demilitarization.--Title XV of the International Financial Institutions Act (22 U.S.C. 262o-262o-1) is amended by adding at the end the following: ``SEC. 1503. PROMOTION OF, AND REPORTING ON, DEMILITARIZATION ACTIVITIES. ``The Secretary of the Treasury shall instruct the United States executive directors at the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act) to promote, and to report annually to the Congress on, the establishment of lending facilities, debt forgiveness programs, and increased funding in lending facilities for demilitarization activities, including auditing of military budgets and reduction of military involvement in the civilian economy, the conversion of military to nonmilitary production, landmine clearance, community reconstruction, and the reintegration of demobilized soldiers.''. (b) Conditionality of Loans.--Title XV of the International Financial Institutions Act (22 U.S.C. 262o-262o-1), as amended by subsection (a) of this section, is amended by adding at the end the following: ``SEC. 1504. TRANSPARENCY OF MILITARY EXPENDITURES. ``Beginning 3 years after the date of the enactment of this section, the Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2)) to use the voice and vote of the United States to oppose any proposal that the institution make a loan to the government of any country, other than to address basic human needs, unless the President of the United States determines that-- ``(1) the recipient government has in place a functioning system for, and, in the immediately preceding year, has conducted, an independent civilian audit of all receipts and expenditures in its military budget and other portions of its national budget that fund activities of the armed forces and security forces; ``(2) the recipient government has provided a summary of the audit to the institution; ``(3) the institution has taken independent steps to confirm that the audit is accurate; and ``(4) the recipient government has prepared and reported to the institution an accounting of all ownership and financial interest in revenue-generating enterprises by military institutions and individuals acting on their behalf.''. (c) Report.--The Secretary of the Treasury shall, drawing on other Executive Branch resources as appropriate, prepare an annual report to the Congress that-- (1) describes and evaluates steps being taken by the International Monetary Fund and the International Bank for Reconstruction and Development to comply with section 1504 of the International Financial Institutions Act, and of steps being taken by the Executive Branch to implement this legislation; and (2) identifies specific additional measures that need to be taken by the institutions to achieve full compliance, and an action plan to ensure these measures are adopted. SEC. 7. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the United States should not provide economic assistance, military assistance, or approve arms transfers or related training, to any foreign government at any time during which the United States is opposing loans to that foreign government at international financial institutions pursuant to section 1504 of the International Financial Institutions Act; (2) the President should designate the United States Agency for International Development to be the lead agency for the determinations made pursuant to such section; and (3) the President should report annually to the Congress on the progress made by international financial institutions in integrating military spending issues such as those raised in this Act into the loan review process of such international financial institutions.
Demilitarization for Development Act - Directs the President to instruct the United Nations (UN) Ambassador to support UN efforts to: (1) appoint special conflict prevention envoys to conduct mutual disarmament talks in every region of the world in which all nations would participate; (2) commit each member state to meet with its regional special envoy to discuss its proposal for regional and international confidence-building measures (including reductions in armed forces); and (3) commit each member state to continue meeting with the special envoy and suggested regional bodies and states to complete negotiations on such measures, in order to make significant military spending cuts by the year 2000. Directs the President to detail to the Congress and the UN Secretary General the changes in military forces that would permit a 50 percent reduction in U.S. military spending by the year 2000. Amends the International Financial Institutions Act to require the Secretary of the Treasury to instruct the U.S. executive directors at certain international financial institutions to: (1) promote and report to the Congress on the establishment of lending facilities, debt forgiveness programs, and increased funding in lending facilities for demilitarization activities; and (2) use their voice and vote to oppose any loans to a foreign government other than for basic human needs unless the President has determined that the recipient government has in place and has used a functioning system for independent civilian audits of its military budget, and has accounted for all ownership and financial interest in revenue-generating enterprises by military institutions and individuals acting on their behalf. Expresses the sense of the Congress that: (1) the United States should provide neither economic nor military assistance, nor approve arms transfers or related training to any foreign government while it opposes loans to such government at international financial institutions pursuant to the International Financial Institutions Act; (2) the President should designate the U.S. Agency for International Development to be the lead agency for making such determinations; and (3) the President should report annually to the Congress on the progress made by international financial institutions in integrating military spending issues into their loan review process.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Ports of Entry Threat and Operational Review Act''. SEC. 2. PORTS OF ENTRY THREAT AND OPERATIONAL ANALYSIS. (a) In General.-- (1) Requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a threat and operational analysis of ports of entry. (2) Contents.--The threat and operational analysis required under paragraph (1) shall include an assessment of the following: (A) Current and potential threats posed by individuals and organized groups seeking-- (i) to exploit security vulnerabilities at ports of entry; or (ii) to unlawfully enter the United States through such ports of entry. (B) Methods and pathways used to exploit security vulnerabilities at ports of entry. (C) Improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States. (D) Improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry, including-- (i) security vulnerabilities associated with prolonged wait times; (ii) current technology at ports of entry that can be adapted to handle more volume, increase efficiency, and improve accuracy of detection efforts; and (iii) infrastructure additions and upgrades. (E) Processes conducted at ports of entry that do not require law enforcement training and could be-- (i) filled with-- (I) non-law enforcement staff; or (II) the private sector, for processes or activities determined to not be inherently governmental (as such term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270)); or (ii) automated. (3) Analysis requirements.--In compiling the threat and operational analysis required under paragraph (1), the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall consider and examine the following: (A) Personnel needs, including K-9 Units, and estimated costs, at each port of entry, including such needs and challenges associated with recruitment and hiring. (B) Technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry. (C) Infrastructure needs and estimated costs at each port of entry. (b) Ports of Entry Strategy and Implementation Plan.-- (1) In general.--Not later than 270 days after the submission of the threat and operational analysis required under subsection (a) and every 5 years thereafter for 10 years, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection (CBP), shall provide to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a ports of entry strategy and implementation plan. (2) Contents.--The ports of entry strategy and implementation plan required under paragraph (1) shall include a consideration of the following: (A) The ports of entry threat and operational analysis required under subsection (a), with an emphasis on efforts to mitigate threats and challenges identified in such analysis. (B) Efforts to reduce wait times at ports of entry and standards against which the effectiveness of such efforts may be determined. (C) Efforts to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States at the earliest possible point at ports of entry and standards against which the effectiveness of such efforts may be determined. (D) Efforts to focus intelligence collection and information analysis to disrupt transnational criminal organizations attempting to exploit vulnerabilities at ports of entry and standards against which the effectiveness of such efforts may be determined. (E) Efforts to verify that any new port of entry technology acquisition can be operationally integrated with existing technologies in use by the Department of Homeland Security. (F) Lessons learned from reports on the business transformation initiative under section 802(i)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114- 125). (G) CBP staffing requirements for all ports of entry. (H) Efforts to identify and detect fraudulent documents at ports of entry and standards against which the effectiveness of such efforts may be determined. (I) Efforts to prevent, detect, investigate, and mitigate corruption at ports of entry and standards against which the effectiveness of such efforts may be determined. (c) Ports of Entry Described.--In this section, the term ``ports of entry'' means United States air, land, and sea ports of entry. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
United States Ports of Entry Threat and Operational Review Act (Sec. 2) This bill directs U.S. Customs and Border Protection (CBP) to submit to the congressional homeland security and tax committees a threat and operational analysis of U.S. air, land, and sea ports of entry. Such analysis shall include an assessment of: current and potential threats posed by individuals and organized groups seeking to exploit security vulnerabilities at ports of entry or to unlawfully enter the United States through such ports of entry; methods and pathways used to exploit security vulnerabilities at ports of entry; improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across U.S. borders; improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry; and processes conducted at ports of entry that do not require law enforcement training and could be filled with non-law enforcement staff or by the private sector, or be automated. In compiling such analysis, CBP shall consider and examine: (1) personnel needs, including K-9 Units, and estimated costs, at each port of entry; (2) technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry; and (3) infrastructure needs and estimated costs at each port of entry. CBP shall, at specified intervals, provide to the committees a ports of entry strategy and implementation plan.
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SECTION 1. ACCOUNTABILITY FOR BROADBAND STIMULUS FUNDS. (a) In General.--Notwithstanding any other provision of law, the Administrator of the Rural Utilities Service or the Assistant Secretary of Commerce for Communications and Information shall take prompt and appropriate action to terminate for cause any award made under the Broadband Initiatives Program or the Broadband Technology Opportunities Program, respectively, established pursuant to the American Recovery and Reinvestment Act of 2009, if the Administrator or Assistant Secretary determines that cause exists to terminate the award. Such cause may include an insufficient level of performance, wasteful spending, or fraudulent spending. (b) Deobligation and Return of Funds to Treasury.-- (1) Deobligation.--Upon terminating an award under subsection (a), the Administrator or the Assistant Secretary shall immediately deobligate an amount equivalent to such award, as recoverable, less allowable costs. (2) Return to treasury.--Not later than 30 days after deobligating an amount under paragraph (1), the Administrator or the Assistant Secretary shall, without exception, return such amount to the general fund of the Treasury of the United States. (3) No expenditures during termination process.--The Administrator or the Assistant Secretary shall promptly pursue available corrective measures to ensure that funds received through an award terminated under subsection (a) are not expended during the termination process. (4) Accounting by award recipient.--The Administrator or the Assistant Secretary shall direct the recipient of an award terminated under subsection (a) to provide to the Administrator or the Assistant Secretary a complete and accurate accounting, which may include an independent accounting, for any award funds that, as of the date of termination, the recipient has received but has not expended on allowable costs. SEC. 2. DISPOSITION OF UNUSED FUNDS. The Administrator of the Rural Utilities Service or the Assistant Secretary of Commerce for Communications and Information shall return to the general fund of the Treasury of the United States an amount equivalent to any award, as recoverable, less allowable costs, made under the Broadband Initiatives Program or the Broadband Technology Opportunities Program, respectively, established pursuant to the American Recovery and Reinvestment Act of 2009, if such award has been returned to the Administrator or Assistant Secretary or disclaimed by the award recipient at any time after the date of enactment of such Act. SEC. 3. OVERSIGHT AND REPORTING REQUIREMENTS. (a) Action on Information From OIG or GAO.--If the Administrator of the Rural Utilities Service or the Assistant Secretary of Commerce for Communications and Information receives information from an official described in subsection (b) with respect to an award made under the Broadband Initiatives Program or the Broadband Technology Opportunities Program, respectively, established pursuant to the American Recovery and Reinvestment Act of 2009, and such information pertains to material noncompliance with the award terms or provisions or improper usage of award funds, the Administrator or the Assistant Secretary shall-- (1) immediately review such information; and (2) not later than 30 days after receiving such information, determine whether cause exists to terminate such award under section 1(a). (b) Officials Described.--The officials described in this subsection are the following: (1) With respect to the Broadband Initiatives Program, the Inspector General of the Department of Agriculture. (2) With respect to the Broadband Technology Opportunities Program, the Inspector General of the Department of Commerce. (3) The Comptroller General of the United States. (c) Congressional Notification.-- (1) In general.--Not later than 3 days after making a determination described in subsection (a)(2), the Administrator or the Assistant Secretary shall provide a notification of such determination to-- (A) the Committee on Agriculture of the House of Representatives and the Committee on Agriculture of the Senate or the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, respectively; and (B) the official who provided the information described in subsection (a). (2) Contents of notification.--The notification required by paragraph (1) shall include an explanation of-- (A) the determination described in subsection (a)(2); and (B) any action taken as a result of the determination or why no action was necessary. SEC. 4. CONFORMING AMENDMENTS. Section 6001(i)(4) of the American Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305(i)(4)) is amended-- (1) by striking ``may'' and inserting ``shall''; and (2) by striking ``, and award these funds competitively to new or existing applicants consistent with this section''. SEC. 5. AWARD DEFINED. In this Act, the term ``award'' includes grants and loans.
Requires the Administrator of the Rural Utilities Service or the Assistant Secretary of Commerce for Communications and Information to terminate for cause any award (including grants and loans) made under the Broadband Initiatives Program or the Broadband Technology Opportunities Program, respectively, established pursuant to the American Recovery and Reinvestment Act of 2009, if the Administrator or Assistant Secretary determines that cause exists (including insufficient level of performance, wasteful spending, or fraudulent spending) to terminate the award. Directs the Administrator or the Assistant Secretary to: (1) deobligate, upon terminating such an award, an amount equivalent to such award, as recoverable, less allowable costs; and (2) return to the Treasury's general fund such deobligated amounts and any award returned or disclaimed by a recipient after enactment of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Integration of Baseball Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On April 15, 1947, future Hall of Famer Jackie Robinson changed the landscape of the National Pastime and the Nation itself when he stepped onto the grass at Ebbets Field as the starting first baseman for the Brooklyn Dodgers and the first African-American to play Major League Baseball in the modern era. (2) On July 5, 1947, future Hall of Famer Larry Doby took his first at-bat for the Cleveland Indians, ending the color barrier in the American League forever. (3) The integration of Major League Baseball in 1947 is recognized today as a seminal moment in the Civil Rights Movement and American history. (4) The integration of Major League Baseball preceded the landmark U.S. Supreme Court ruling in Brown v. The Board of Education by seven years and the enactment of the 1964 Civil Rights Act by seventeen years. (5) The National Baseball Hall of Fame and Museum and the Jackie Robinson Foundation are dedicated to telling the story of baseball's unique role in helping to end racial segregation and advancing civil rights in the United States of America. SEC. 3. COIN SPECIFICATIONS. (a) Shape and Surface Treatment.--All coins issued pursuant to this Act shall be square, with the design corner-aligned, shall be finished on the reverse with ``enhanced uncirculated'' treatment, and shall be of approximately the same size. The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary''), at the Secretary's discretion, may also use the ``enhanced uncirculated'' treatment on the coin obverse. (b) Denominations.--In recognition and celebration of the 75th anniversary of the integration of baseball, the Secretary shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 1 ounce; (B) be struck on a planchet of appropriate dimensions; and (C) contain at least 90 percent gold. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) be struck on a planchet of appropriate dimensions; and (C) contain at least 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins, which shall be of such specifications as the Secretary may choose, except that, to the greatest extent possible, such half-dollar coins shall match in size the other coins described in this subsection. (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the National Baseball Hall of Fame; and (B) the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. (b) Designations and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin, which, for purposes of the coins described under paragraphs (1) and (2) of section 3(b) shall use a dollar sign and a numeral rather than spelling out the denomination; (2) an inscription of the year ``2022''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Common Reverse Design.--The design on the common reverse of the coins minted under this Act shall depict a baseball diamond similar to those used by Major League Baseball. (d) Selection and Approval Process for Obverse Design.-- (1) In general.--The Secretary shall hold a competition to determine the design of the common obverse of the coins minted under this Act, with such design being emblematic of the integration of the game of baseball. (2) Selection and approval.--Proposals for the design of coins minted under this Act may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. The Secretary shall encourage 3-dimensional models to be submitted as part of the design proposals. (3) Proposals.--As part of the competition described in this subsection, the Secretary may accept proposals from artists, engravers of the United States Mint, and members of the general public, and shall endeavor to publicize the design contest to participants in youth baseball programs. (4) Compensation.--The Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. The Secretary shall take into account this compensation amount when determining the sale price described in section 6(a). SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2022. 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, winning design compensation, 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 $50 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half-dollar 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 National Baseball Hall of Fame, with the understanding that the Hall of Fame shall work with the Jackie Robinson Foundation, so that the two organizations may develop and operate education programs about the integration of baseball, and preserve artifacts related to the integration of baseball. (c) Audits.--The National Baseball Hall of Fame 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 (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.
Integration of Baseball Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half-dollar clad coins in recognition and celebration of the 75th anniversary of the integration of the game of baseball. All sales of such coins shall include specified surcharges. All surcharges received by Treasury shall be distributed to the National Baseball Hall of Fame, with the understanding that the Hall of Fame shall work with the Jackie Robinson Foundation to develop and operate education programs about the integration of the game of baseball and to preserve artifacts related to the integration of the game.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Antibullying Campaign Act of 2004''. SEC. 2. GRANTS FOR ANTIHARASSMENT PROGRAMS. (a) Grants.--The Secretary of Education shall provide a grant to each State that submits an application in accordance with subsection (c) to enable the State to establish and carry out or continue to carry out an antiharassment program as described in subsection (b). (b) Program Described.--An antiharassment program referred to in subsection (a) is a program that prohibits harassment in public schools and on public school grounds for any reason, including reasons based on an individual's actual or perceived race, color, national origin, ethnicity, religion, disability, sexual orientation, gender, gender identity or expression, family composition or circumstance, or economic circumstance. (c) Application.-- (1) In general.--The Secretary may not make a grant to a State under this section unless the State submits to the Secretary an application that contains detailed information about the State's existing or proposed antiharassment program. Such information shall include-- (A) the State's existing or proposed prohibition on harassment; (B) the State's existing or proposed definition of harassment and any other relevant terms; and (C) a budget for the antiharassment program, including a detailed description of how amounts received under the grant will be spent. (2) Application review and approval.-- (A) In general.--Not later than 30 days after the date of submission of the State's application, the Secretary shall review and approve or disapprove the application. (B) Approval.--Not later than 30 days after the date on which the Secretary approves the State's application, the Secretary shall provide a grant to the State. (C) Disapproval.--Not later than 30 days after the date on which the Secretary disapproves the State's application, the Secretary shall inform the State in writing as to the reasons why the application was disapproved and what the State may do to correct the application and receive the Secretary's approval. (d) Matching Funds.--The Secretary may not make a grant to a State under this section unless the State agrees that it will contribute from non-Federal sources an amount equal to not less than 50 percent of the amount received under the grant to carry out the antiharassment program described in subsection (b). SEC. 3. STUDY AND REPORT. (a) Study.--The Secretary of Education shall conduct a study concerning harassment in public schools in the United States. The findings of the study shall include-- (1) the number of students who are harassed; (2) the demographics of those students who are harassed, including-- (A) the number of students who are harassed by gender; and (B) the number of students who harass others by gender; (3) the type of harassment to which students are subjected; (4) the number of States that have comprehensive campaigns to combat harassment; and (5) the amount of funds each State expends on antiharassment programs each year. (b) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary shall submit to Congress a report that contains the findings and an analysis of the study. SEC. 4. DEFINITIONS. In this Act: (1) Harassment.--The term ``harassment'' means the creation of a hostile environment by conduct or by verbal threats, taunting, intimidation or physical or emotional abuse. (2) School.--The term ``school'' means an elementary school or secondary school as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $75,000,000 for each of fiscal years 2005 through 2008. (b) Availability.--Amounts authorized to be appropriated by subsection (a) are authorized to remain available until September 30, 2008.
Antibullying Campaign Act of 2004 - Directs the Secretary of Education to make matching grants to applicant States for antiharassment programs that prohibit harassment in public schools and on public school grounds for any reason. Directs the Secretary to study and report to Congress on harassment in public schools.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Veterinary Medical Service Act''. SEC. 2. ESTABLISHMENT OF LOAN REPAYMENT PROGRAM FOR VETERINARY MEDICINE. The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1415 (7 U.S.C. 3151) the following: ``SEC. 1415A. VETERINARY MEDICINE LOAN REPAYMENT. ``(a) Definitions. ``In this section: ``(A) Qualifying educational loan.--The term `qualifying educational loan' means a government or commercial loan incurred by an individual to pay for attendance at an accredited college of veterinary medicine resulting in a degree of Doctor of Veterinary Medicine or the equivalent, including-- ``(i) tuition expenses; ``(ii) other reasonable educational expenses, including fees, books, and laboratory expenses; and ``(iii) reasonable living expenses, as determined by the Secretary. ``(B) Veterinarian shortage situation.-- ``(i) In general.--The term `veterinarian shortage situation' shall have the meaning that the Secretary shall prescribe. ``(ii) Considerations.--In determining what constitutes a veterinarian shortage situation, the Secretary may consider-- ``(I) urban or rural areas that the Secretary determines have a shortage of veterinarians;---------- ``(II) areas of veterinary practice that the Secretary determines have a shortage of veterinarians, such as public health, epidemiology, and food safety; ``(III) areas of veterinary need in the Federal Government; and ``(IV) other factors that the Secretary considers to be relevant. ``(b) Program.-- ``(1) Service in veterinarian shortage situations.-- ``(A) In general.--Subject to the availability of funds under subsection (d), the Secretary shall carry out a program to enter into agreements with veterinarians under which a veterinarian agrees to provide, for a period of time determined by the Secretary and specified in the agreement, veterinary services in veterinarian shortage situations. ``(B) Annual loan repayment.--For each year of service under an agreement under this paragraph, the Secretary shall pay an amount, determined by the Secretary and specified in the agreement, of the principal, interest, and related expenses of the qualifying educational loans of the veterinarian. ``(2) Service to federal government in emergency situations.--The Secretary may enter into a 1-year agreement with a veterinarian who has entered into an agreement under paragraph (1) for the veterinarian to provide service to the Federal Government in an emergency situation, as determined by the Secretary, under terms and conditions specified in the agreement. ``(C) Additional annual loan repayment.-- ``(i) In general.--Under an agreement under this paragraph, the Secretary shall pay an amount, as determined by the Secretary and specified in the agreement, of the principal, interest, and related expenses of the qualifying educational loans of the veterinarian. ``(ii) Amount in addition.--An amount paid under clause (i) shall be in addition to the amount paid under the agreement under paragraph (1). ``(D) Requirements.--An agreement under this paragraph shall provide that-- ``(i) a veterinarian shall not be required to serve more than 60 working days per year of the agreement; and ``(ii) a veterinarian who provides service in accordance with the agreement-- ``(I) shall receive a salary commensurate with the duties performed; and ``(II) shall be reimbursed for travel and per diem expenses as appropriate for the duration of the service. ``(c) Administration.-- ``(1) Authority.--The Secretary may carry out the program under subsection (b) directly or through an agreement with another Federal agency or service provider. ``(2) Breach remedies.-- ``(A) In general.--An agreement under paragraph (1) or (2) of subsection (b) shall provide remedies for a breach of the agreement by the veterinarian, including repayment or partial repayment of financial assistance received, with interest. ``(B) Amounts recovered.--Funds recovered under this subsection-- ``(i) shall be credited to the account available to carry out this section; and ``(ii) shall be available to carry out this section without further appropriation until expended. ``(C) Waiver.--If the Secretary determines that a veterinarian has breached an agreement due to extreme hardship or extreme need, the Secretary may grant a waiver of the repayment obligation for breach of contract. ``(4) Repayment schedule.--The Secretary may enter into an agreement with the holder of a qualifying educational loan for which payments are made under this section to establish a schedule for the making of payments. ``(5) Tax liability.--In addition to educational loan repayments, the Secretary shall make such additional payments to a participating veterinarian as the Secretary determines to be appropriate to reimburse the veterinarian for tax liability resulting from participation in the program under this section. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.''.
National Veterinary Medical Service Act - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture to conduct a veterinary school loan repayment program (including resultant tax liability payments) for persons who perform qualifying veterinary services in shortage and emergency situations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Vaccine Injury Compensation Program Improvement Act of 2005''. SEC. 2. BASIS FOR CALCULATING PROJECTED LOST EARNINGS. Section 2115(a)(3)(B) of the Public Health Service Act (42 U.S.C. 300aa-15(a)(3)(B)) is amended by striking all that follows ``for loss of earnings'' and inserting the following: ``determined on the basis of the annual estimate of the average (mean) gross weekly earnings of full-time wage and salary workers age 18 and over in the private nonfarm sector (which includes all industries other than agricultural production of crops and livestock), as calculated annually by the Bureau of Labor Statistics from the quarter sample data of the Current Population Survey, or as calculated by such similar method as the Secretary may prescribe by regulation, less appropriate taxes and the average cost of a health insurance policy, as determined by the Secretary.''. SEC. 3. INCREASE OF AWARD IN THE CASE OF A VACCINE-RELATED DEATH. Section 2115(a)(2) of the Public Health Service Act (42 U.S.C. 300aa-15(a)(2)) is amended by striking ``$250,000'' and inserting ``$300,000''. SEC. 4. ALLOWING COMPENSATION FOR FAMILY COUNSELING EXPENSES AND EXPENSES OF ESTABLISHING GUARDIANSHIP. (a) Family Counseling Expenses in Post-1988 Cases.--Section 2115(a) of the Public Health Service Act (42 U.S.C. 300aa-15(a)) is amended by adding at the end the following: ``(5) Actual nonreimbursable expenses that have been or will be incurred for family counseling determined to be reasonably necessary and that result from the vaccine-related injury for which the petitioner seeks compensation.''. (b) Expenses of Establishing Guardianships in Post-1988 Cases.-- Section 2115(a) of the Public Health Service Act (42 U.S.C. 300aa- 15(a)) is further amended by adding at the end the following paragraph: ``(6) Actual and nonreimbursable expenses that have been or will be incurred to establish and maintain a guardianship, conservatorship, or trust for an individual who has suffered a vaccine-related injury, including attorneys' fees and other costs incurred in a proceeding to establish and maintain such a guardianship, conservatorship, or trust.''. (c) Conforming Amendment for Cases From 1988 and Earlier.--Section 2115(b) of the Public Health Service Act (42 U.S.C. 300aa-15(b)) is amended-- (1) in paragraph (2), by striking ``and'' at the end of the paragraph; (2) by redesignating paragraph (3) as paragraph (5) and by inserting a closing parenthesis before the period in that paragraph; and (3) by inserting after paragraph (2) the following paragraphs: ``(3) family counseling expenses (as provided in paragraph (5) of subsection (a)), ``(4) expenses of establishing and maintaining guardianships, conservatorships, or trusts (as provided in paragraph (6) of subsection (a)), and''. SEC. 5. ALLOWING PAYMENT OF INTERIM ATTORNEYS' FEES AND COSTS. Section 2115(e) of the Public Health Service Act (42 U.S.C. 300aa- 15(e)) is amended by adding at the end the following: ``(4) Upon completion of a conference required by Rule 5 of Appendix J of the Rules of the United States Court of Federal Claims, a special master may make an interim award of attorneys' fees and costs if-- ``(A) the case involves a vaccine administered on or after October 1, 1988, ``(B) in tentative findings and conclusions, the special master determines that the petitioner's claim has a reasonable basis, ``(C) the award is limited to reasonable attorneys' fees and other costs (within the meaning of paragraph (1)(B)) incurred in the proceeding, and ``(D) the petitioner provides documentation verifying the expenditure of the amount for which compensation is sought. ``(5) An interim award of attorneys' fees and costs by a special master under paragraph (4) shall be promptly paid by the Secretary pursuant to the special master's order and without need of a judgment. The special master's order for interim attorneys' fees and costs is not subject to review under sections 2112(e) and 2112(f) until after the special master has made a determination regarding an award of attorneys' fees and costs under paragraph (1). ``(6) The attorneys' fees and costs awarded as compensation on a petition under paragraph (1) shall be for the total attorneys' fees and costs incurred in any proceeding on such petition, less the amount awarded for interim attorneys' fees and costs. In determining fees and costs under paragraph (1), a special master may reconsider and modify the amounts awarded for fees and costs under paragraph (4).''. SEC. 6. PROCEDURE FOR PAYING ATTORNEYS' FEES. Section 2115(e) of the Public Health Service Act (42 U.S.C. 300aa- 15(e)), as amended by section 5, is amended by adding at the end the following: ``(7) When a special master or court awards attorneys' fees or costs under paragraph (1) or (4), it may order that such fees and costs be payable solely to the petitioner's attorney if-- ``(A) the petitioner expressly consents, or ``(B) the special master or court, after affording to the Secretary and all interested persons the opportunity to submit relevant information, determines that-- ``(i) the petitioner cannot be located or refuses to respond to a request by the special master or court for information, and there is no practical alternative means to ensure that the attorney will be reimbursed for such fees and costs expeditiously, or ``(ii) there are other exceptional circumstances and good cause for paying such fees and costs solely to the petitioner's attorney.''. SEC. 7. EXTENSION OF STATUTE OF LIMITATIONS. (a) General Rule.--Section 2116(a) of the Public Health Service Act (42 U.S.C. 300aa-16(a)) is amended-- (1) in paragraph (2), by striking ``36 months'' and inserting ``6 years''; and (2) in paragraph (3)-- (A) by striking ``24 months'' and inserting ``6 years''; and (B) by striking ``48 months'' and inserting ``6 years''. (b) Additional Extension.-- (1) Limitation period.--Notwithstanding section 2116(a) of the Public Health Service Act (42 U.S.C. 300aa-16(a)), in the case of a vaccine set forth in the Vaccine Injury Table that is administered after September 30, 1988, and before the date of the enactment of this Act, if a vaccine-related injury or death occurred as a result of the administration of such vaccine, the end of the limitation period for filing a petition is the later of-- (A) the applicable date under section 2116(a) of the Public Health Service Act (42 U.S.C. 300aa-16(a)); or (B) the date that is 2 years after the date of the enactment of this Act. (2) Effect of previous dismissal.--Notwithstanding section 2111(b)(2) of the Public Health Service Act (42 U.S.C. 300aa- 11(b)(2)), if a petition is filed within the limitation period applicable under paragraph (1), the petition may not be dismissed on the basis of a previous dismissal for untimely filing. (c) Claims Based on Revisions to Table.--Section 2116(b) of the Public Health Service Act (42 U.S.C. 300aa-16(b)) is amended by striking all that follows ``file a petition for such compensation'' and inserting the following: ``if-- ``(1) the vaccine-related death or injury with respect to which the petition is filed occurred no more than 8 years before the effective date of the revision of the table; and ``(2)(A) the petition satisfies the conditions stated in subsection (a); or ``(B) the date of occurrence of the first symptom or manifestation of onset of injury occurred more than 4 years before the petition is filed, and the petition is filed no more than 2 years after the effective date of the revision of the table.''. (d) Reports.-- (1) Transmission.--The Secretary of Health and Human Services shall transmit to the Congress 2 annual reports that shall each include the following: (A) Identification of the number of petitions filed for compensation under the National Vaccine Injury Compensation Program that would have been time-barred absent the limitation period provided by subsection (b). (B) Describe the effects of subsection (b) on the ability of the Secretary to administer the National Vaccine Injury Compensation Program and adjudicate petitions under such Program in a timely manner. (2) Dates of submission.--In carrying out this subsection, the Secretary of Health and Human Services shall transmit-- (A) the first report not later than 1 year after the date of the enactment of this Act; and (B) the second report not later than 2 years after the date of the enactment of this Act. SEC. 8. ADVISORY COMMISSION ON CHILDHOOD VACCINES. (a) Selection of Individuals Injured by Vaccines as Public Members.--Section 2119(a)(1)(B) of the Public Health Service Act (42 U.S.C. 300aa-19(a)(1)(B)) is amended by striking all that follows the comma and inserting the following: ``of whom 1 shall be the legal representative of a child who has suffered a vaccine-related injury or death, and at least 1 other shall be either the legal representative of a child who has suffered a vaccine-related injury or death or an individual who has personally suffered a vaccine-related injury.''. (b) Mandatory Meeting Schedule Eliminated.--Section 2119(c) of the Public Health Service Act (42 U.S.C. 300aa-19(c)) is amended by striking ``not less often than four times per year and''. SEC. 9. CONFORMING AMENDMENT TO TRUST FUND PROVISION. Section 9510(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``(as in effect'' and all that follows through ``for vaccine-related injury or death'' and inserting ``(as in effect on the effective date of the National Vaccine Injury Compensation Program Improvement Act of 2005) for vaccine-related injury or death''. SEC. 10. INCREASE IN LIMIT ON ADMINISTRATIVE EXPENSES. (a) Increase in Limit on Administrative Expenses.--Section 9510(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ``(but not in excess of $9,500,000 for any fiscal year)'' and inserting ``(but not in excess of $10,000,000 for any fiscal year)''. (b) Administrative Expenses of Bureau of Public Debt.--Section 9510(c)(1) of the Internal Revenue Code of 1986, as amended by section 9 and subsection (a), is further amended-- (1) in subparagraph (A)(ii), by striking ``or'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``, and''; and (3) by adding at the end the following: ``(C) the payment of administrative and personnel expenses that the Bureau of the Public Debt incurs for financial services for the Trust Fund.''. SEC. 11. PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN. Section 2110(c) of the Public Health Service Act (42 U.S.C. 300aa- 10(c)) is amended by striking the period at the end and inserting ``, including by conducting a public service announcement campaign.''. SEC. 12. APPLICATION. The provisions of and amendments made by sections 2, 3, 4, 5, 6, 7, and 9 apply to a petition filed under section 2111 of the Public Health Service Act (42 U.S.C. 300aa-11) if the petition is pending on or filed after the date of the enactment of this Act.
National Vaccine Injury Compensation Program Improvement Act of 2005 - Amends the Public Health Service Act to revise provisions of the National Vaccine Injury Compensation Program. Specifies how loss of earning is to be calculated for vaccine-related injuries to individuals under the age of 18. Increases the award for vaccine-related deaths. Allows compensation under the Program for expenses for family counseling and for establishing and maintaining a guardianship, conservatorship, or trust for an individual with a vaccine-related injury. Allows a special master to make an interim award of attorneys' fees and costs under certain circumstances. Allows such award to be payable directly to the petitioner's attorney. Extends the statute of limitation for vaccine-related injury or death to six years after the date of injury or onset of symptoms. Specifies who is to be a member of the Advisory Commission on Childhood Vaccines. Provides that the Commission shall meet at the call of the Chair (currently, the Commission must meet not less than four times a year). Amends the Internal Revenue Code to increase the amount of expenses for administering the Program that are allowed to be paid from the Vaccine Injury Compensation Trust Fund. Allows the payment from the Trust Fund of administrative and personnel expenses that the Bureau of Public Debt incurs for financial services for the Trust Fund. Requires the Secretary of Health and Human Services to include a public service announcement in efforts to inform the public about the Program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Acquisition Improvement Act of 2011''. SEC. 2. ACQUISITION WORKFORCE IMPROVEMENTS. (a) Workforce Improvements.--Section 1704(b) of title 41, United States Code, is amended-- (1) by inserting after the first sentence the following: ``The Associate Administrator shall be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management.''; (2) by striking ``The Associate Administrator for Acquisition Workforce Programs shall be located in the Federal Acquisition Institute (or its successor).'' and inserting ``The Associate Administrator shall be located in the Office of Federal Procurement Policy.''; (3) in paragraph (4), by striking ``; and'' and inserting a semicolon; (4) by redesignating paragraph (5) as paragraph (6); and (5) by inserting after paragraph (4) the following new paragraph: ``(5) implementing workforce programs under subsections (f) through (k) of section 1703 of this title; and''. (b) Federal Acquisition Institute.-- (1) In general.--Division B of title 41, United States Code, is amended by inserting after chapter 11 the following new chapter: ``CHAPTER 12--FEDERAL ACQUISITION INSTITUTE ``Sec. ``1201. Federal Acquisition Institute. ``Sec. 1201. Federal Acquisition Institute ``(a) In General.--There is established a Federal Acquisition Institute (FAI) in order to-- ``(1) foster and promote the development of a professional acquisition workforce Government-wide; ``(2) promote and coordinate Government-wide research and studies to improve the procurement process and the laws, policies, methods, regulations, procedures, and forms relating to acquisition by the executive agencies; ``(3) collect data and analyze acquisition workforce data from the Office of Personnel Management, the heads of executive agencies, and, through periodic surveys, from individual employees; ``(4) periodically analyze acquisition career fields to identify critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge; ``(5) coordinate and assist agencies in identifying and recruiting highly qualified candidates for acquisition fields; ``(6) develop instructional materials for acquisition personnel in coordination with private and public acquisition colleges and training facilities; ``(7) evaluate the effectiveness of training and career development programs for acquisition personnel; ``(8) promote the establishment and utilization of academic programs by colleges and universities in acquisition fields; ``(9) facilitate, to the extent requested by agencies, interagency intern and training programs; and ``(10) perform other career management or research functions as directed by the Administrator. ``(b) Budget Resources and Authority.-- ``(1) In general.--The Director of the Office of Management and Budget and the Administrator of General Services shall provide the Federal Acquisition Institute with the necessary budget resources and authority to support government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the Federal acquisition workforce. ``(2) Acquisition workforce training fund.--Subject to the availability of funds, the Administer of General Services shall provide the Federal Acquisition Institute with amounts from the acquisition workforce training fund established under section 1703(i) of this title sufficient to meet the annual budget for the Federal Acquisition Institute requested by the Administrator for Federal Procurement Policy. ``(c) Federal Acquisition Institute Board of Directors.-- ``(1) Reporting to administrator.--The Federal Acquisition Institute shall report through its Board of Directors directly to the Administrator for Federal Procurement Policy. ``(2) Composition.--The Board shall be composed of not more than 8 individuals from the Federal Government representing a mix of acquisition functional areas, all of whom shall be appointed by the Administrator. ``(3) Duties.--The Board shall provide general direction to the Federal Acquisition Institute to ensure that the Institute-- ``(A) meets its statutory requirements; ``(B) meets the needs of the Federal acquisition workforce; ``(C) implements appropriate programs; ``(D) coordinates with appropriate organizations and groups that have an impact on the Federal acquisition workforce; ``(E) develops and implements plans to meet future challenges of the Federal acquisition workforce; and ``(F) works closely with the Defense Acquisition University. ``(4) Recommendations.--The Board shall make recommendations to the Administrator regarding the development and execution of the annual budget of the Federal Acquisition Institute. ``(d) Director.--The Director of the Federal Acquisition Institute shall be appointed by, and report directly to, the Administrator. ``(e) Annual Report.--The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives an annual report on the projected budget needs and expense plans of the Federal Acquisition Institute to fulfill its mandate.''. (2) Conforming amendment.--Section 1122(a)(5) of such title is amended to read as follows: ``(5) providing for and directing the activities of the Federal Acquisition Institute established under section 1201 of this title, including recommending to the Administrator of General Services a sufficient budget for such activities.''. (c) Government-Wide Training Standards and Certification.--Section 1703 of title 41, United States Code, is amended-- (1) in subsection (c)(2)-- (A) by striking ``The Administrator shall'' and inserting the following: ``(A) In general.--The Administrator shall''; and (B) by adding at the end the following: ``(B) Government-wide training standards and certification.--The Administrator, acting through the Federal Acquisition Institute, shall provide and update government-wide training standards and certification requirements, including-- ``(i) developing and modifying acquisition certification programs; ``(ii) ensuring quality assurance for agency implementation of government-wide training and certification standards; ``(iii) analyzing the acquisition training curriculum to ascertain if all certification competencies are covered or if adjustments are necessary; ``(iv) developing career path information for certified professionals to encourage retention in government positions; ``(v) coordinating with the Office of Personnel Management for human capital efforts; and ``(vi) managing rotation assignments to support opportunities to apply skills included in certification.''; and (2) by adding at the end the following new subsection: ``(l) Acquisition Internship and Training Programs.--All Federal civilian agency acquisition internship or acquisition training programs shall follow guidelines provided by the Office of Federal Procurement Policy to ensure consistent training standards necessary to develop uniform core competencies throughout the Federal Government.''. (d) Expanded Scope of Acquisition Workforce Training Fund.--Section 1703(i) of such title is amended-- (1) in paragraph (2), by striking ``to support the training of the acquisition workforce of the executive agencies'' and inserting ``to support the activities set forth in section 1201(a) of this title''; and (2) in paragraph (6), by striking ``ensure that amounts collected for training under this subsection are not used for a purpose other than the purpose specified in paragraph (2)'' and inserting ``ensure that amounts collected under this section are not used for a purpose other than the activities set forth in section 1201(a) of this title''. (e) Rule of Construction.--Nothing in this section, or the amendments made by this section, shall be construed to preclude the Secretary of Defense from establishing acquisition workforce policies, procedures, training standards, and certification requirements for acquisition positions in the Department of Defense, as provided in chapter 87 of title 10, United States Code.
Federal Acquisition Improvement Act of 2011 - Amends the National Defense Authorization Act for Fiscal Year 2008 to provide that the Associate Administrator for Acquisition Workforce Programs shall: (1) be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management; (2) be located in the Office of Federal Procurement Policy; and (3) implement acquisition workforce programs. Establishes a Federal Acquisition Institute (FAI) and enumerates its purposes with respect to the development of a professional acquisition workforce. Requires: (1) the Director of the Office of Management and Budget (OMB) and the Administrator of General Services (GSA) to provide FAI with the necessary budget resources and authority to support government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the federal acquisition workforce, and (2) the GSA Administrator to provide FAI with amounts from the acquisition training fund sufficient to meet the annual budget for FAI requested by the Administrator for Federal Procurement Policy. Directs: (1) the Administrator for Federal Procurement Policy, acting through FAI, to provide and update government-wide training standards and certification requirements; and (2) all federal civilian agency acquisition internship or acquisition training programs to follow guidelines provided by the Office of Federal Procurement Policy to ensure consistent training standards necessary to develop uniform core competencies throughout the federal government. Directs the GSA Administrator to manage the acquisition workforce training fund through FAI to support FAI activities and to ensure that funds collected are only used for such purposes.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Justice for Immigrants Act''. SEC. 2. ADJUSTMENT OF STATUS OF THE ABC CLASS AND CERTAIN SALVADORANS, GUATEMALANS, AND HAITIANS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of any alien described in subsection (b) of this Act shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent resident, if the alien-- (A) applies for such adjustment before April 1, 2000; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who is physically present in the United States on the date the application is filed and is-- (1) a Salvadoran national who first entered the United States on or before September 19, 1990, who registered for benefits pursuant to the settlement agreement in American Baptist Churches, et al. v. Thornburgh (ABC), 760F. Supp. 796 (N.D. Cal. 1991) on or before October 31, 1991; (2) a Guatemalan national who first entered the United States on or before October 1, 1990, and who registered for benefits pursuant to such settlement agreement on or before December 31, 1991; (3) a Salvadoran or Guatemalan national who filed an application for asylum with the Immigration and Naturalization Service on or before April 1, 1990; or (4) a Haitian national-- (A) who has been physically present in the United States for at least 1 year; and (B) who-- (i) was physically present in the United States on December 31, 1995; (ii) filed for asylum before December 31, 1995; or (iii) was paroled into the United States-- (I) prior to December 31, 1995, after having been identified as having a credible fear of persecution; or (II) for emergent reasons or reasons deemed strictly in the public interest. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation or removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not issue a final order of removal against an alien, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (1) the alien is a national of El Salvador, Guatemala, or Haiti; (2) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a); (3) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (4) the alien is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and 9(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is subject to judicial review in accordance with chapter 7 of title 5, United States Code. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible. SEC. 3. AMENDMENTS TO NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT. (a) Elimination of Limitations on Judicial Review.-- (1) Adjustment of status of certain nicaraguans and cubans.--Section 202(f) of the Nicaraguan Adjustment and Central American Relief Act is amended to read as follows: ``(f) Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is subject to judicial review in accordance with chapter 7 of title 5, United States Code.''. (2) Special rule for certain aliens granted temporary protection from deportation.--Section 309(c)(5)(C)(ii) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as added by section 203(a)(1) of the Nicaraguan Adjustment and Central American Relief Act, is amended to read as follows: ``(ii) Judicial review.--A determination by the Attorney General as to whether an alien satisfies the requirements of clause (i) is subject to judicial review in accordance with chapter 7 of title 5, United States Code. Nothing in the preceding sentence shall be construed as limiting the application of section 242(a)(2)(B) of the Immigration and Nationality Act (as in effect after the title III-A effective date) to other eligibility determinations pertaining to discretionary relief under this Act.''. (b) Elimination of Temporary Reductions in Visas.--Section 203 of the Nicaraguan Adjustment and Central American Relief Act is amended-- (1) by striking subsections (d) and (e); and (2) by redesignating subsection (f) as subsection (d). (c) Effective Date.--The amendments made by this section-- (1) shall take effect upon the enactment of the Nicaraguan Adjustment and Central American Relief Act; and (2) shall be effective as if included in the enactment of such Act.
Equal Justice for Immigrants Act - Directs the Attorney General to adjust the status to permanent resident, and cancel any removal order, of certain Central American and Haitian aliens. Amends the Nicaraguan Adjustment and Central American Relief Act to: (1) subject status adjustment determinations to judicial review, including determinations respecting aliens granted temporary protection from deportation; and (2) eliminate the temporary reductions in diversity and other workers' visas.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Retirement Reform Act of 2000''. SEC. 2. PROTECTION OF SOCIAL SECURITY FUNDS. (a) In General.--Section 15A(d)(2) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(d)(2)) is amended to read as follows: ``(2) No funds may be transferred from the Social Security Equivalent Benefit Account to the Railroad Retirement Account or the Railroad Retirement Trust Fund, and such funds may only be used for the purposes described in subsection (c)(1).''. (b) Conforming Amendment.--Section 15A(c)(1) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(c)(1)) is amended by striking ``Except as otherwise provided in this section, amounts'' and inserting ``Amounts''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2000. SEC. 3. TRANSITION TO FULL SOCIAL SECURITY COVERAGE OF RAILROAD EMPLOYMENT. (a) Railroad Workers in Social Security System.-- (1) In general.--Section 210(a)(9) of the Social Security Act (42 U.S.C. 410(a)(9)) is amended by inserting ``before January 1, 2002'' after ``performed''. (2) Payment of fica taxes.-- (A) In general.--Section 3121(b)(9) of the Internal Revenue Code of 1986 (defining employment) is amended by inserting ``before January 1, 2002'' after ``performed''. (B) No imposition of tier 1 taxes.-- (i) Section 3201(a) of such Code is amended by adding at the end the following: ``This subsection shall not apply to service performed in calendar years after 2001.''. (ii) Section 3211(a)(1) of such Code is amended by adding at the end the following: ``This paragraph shall not apply to service performed in calendar years after 2001.''. (iii) Section 3221(a) of such Code is amended by adding at the end the following: ``This subsection shall not apply to service performed in calendar years after 2001.''. (b) Railroad Retirees in Social Security System.-- (1) Receipt of social security benefits.--Notwithstanding any other provision of law, with respect to any individual who applies for a benefit under the Railroad Retirement Act of 1974 after December 31, 2002, based on such individual's railroad employment or another individual's railroad employment, such individual shall receive a corresponding benefit (or an increased benefit) under the Social Security Act determined by treating such employment as included in the term ``employment'' as defined in the Social Security Act. (2) Corresponding reduction in railroad retirement benefit.--With respect to any individual described in paragraph (1), any benefit otherwise receivable under the Railroad Retirement Act of 1974 shall be reduced by the benefit (or the increase in the benefit) described in such paragraph. (3) Effect on financial interchange.--In calculating any financial interchange between the social security system and the railroad retirement system, the Commissioner of Social Security and the Railroad Retirement Board shall take into account the provisions of, and the amendments made by, this section. (4) Optional payment of social security benefits by railroad retirement board.-- (A) In general.--Subject to subparagraph (B), at the election of Railroad Retirement Board, social security benefits described in paragraph (1) for railroad retirees may be paid by the Board on behalf of the Social Security Administration. (B) Requirements for annual elections.--The Railroad Retirement Board may elect annually to continue making benefit payments described in subparagraph (A), if the Commissioner of Social Security certifies that the Board is paying such benefits on-time and is providing high quality customer service to all new retirees. (5) Technical and conforming changes.--The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of the Treasury, as soon as practicable but in any event not later than 180 days after the date of enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a draft of any technical and conforming changes in the Social Security Act, the Railroad Retirement Act of 1974, and the Internal Revenue Code of 1986 which are necessary to reflect throughout such Acts and Code the changes in the substantive provisions of law made by this section. SEC. 4. REPEAL OF GENERAL FUND SUBSIDY TO RAILROAD RETIREMENT ACCOUNT. (a) Repeal.--Subsection (c)(1)(A) of section 224 of the Railroad Retirement Solvency Act of 1983 is repealed. (b) Effective Date.--The repeal made by subsection (a) shall take effect on October 1, 2000. SEC. 5. EMPLOYER, EMPLOYEE REPRESENTATIVE, AND EMPLOYEE TIER 2 TAX RATE ADJUSTMENTS. (a) Rate of Tax on Employers.--Subsection (b) of section 3221 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Tier 2 Tax.-- ``(1) In general.--In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the compensation paid during any calendar year by such employer for services rendered to such employer. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means the percentage determined under section 3241 for such calendar year.''. (b) Rate of Tax on Employee Representatives.--Paragraph (2) of section 3211(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Tier 2 tax.-- ``(A) In general.--In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to the applicable percentage of the compensation received during any calendar year by such employee representatives for services rendered by such employee representative. ``(B) Applicable percentage.--For purposes of subparagraph (A), the term `applicable percentage' means the percentage determined under section 3241 for such calendar year.''. (c) Rate of Tax on Employees.--Subsection (b) of section 3201 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Tier 2 Tax.-- ``(1) In general.--In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the applicable percentage of the compensation received during any calendar year by such employee for services rendered by such employee. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means the percentage determined under section 3241 for such calendar year.''. (d) Determination of Rate.--Chapter 22 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter E--Tier 2 Tax Rate Determination ``Sec. 3241. Determination of tier 2 tax rate based on average account benefits ratio. ``SEC. 3241. DETERMINATION OF TIER 2 TAX RATE BASED ON AVERAGE ACCOUNT BENEFITS RATIO. ``(a) In General.--For purposes of sections 3201(b), 3211(a)(2), and 3221(b), the applicable percentage for any calendar year is the percentage determined in accordance with the table in subsection (b). ``(b) Tax Rate Schedule.-- ------------------------------------------------------------------------ Average account benefits ratio Applicable ----------------------------------- percentage for Applicable sections 3211(b) percentage for At least But less than and 3221(b) section 3201(b) ------------------------------------------------------------------------ 1.0 31.1 4.9 1.0 1.5 28.1 4.9 1.5 2.0 25.1 4.9 2.0 2.5 22.1 4.9 2.5 3.0 18.1 4.9 3.0 3.5 15.1 4.9 3.5 4.0 14.1 4.9 4.0 6.1 13.1 4.9 6.1 6.5 12.6 4.4 6.5 7.0 12.1 3.9 7.0 7.5 11.6 3.4 7.5 8.0 11.1 2.9 8.0 8.5 10.1 1.9 8.5 9.0 9.1 0.9 9.0 8.2 0 ------------------------------------------------------------------------ ``(c) Definitions Related to Determination of Rates of Tax.-- ``(1) Average account benefits ratio.--For purposes of this section, the term `average account benefits ratio' means, with respect to any calendar year, the average determined by the Secretary of the account benefits ratios for the 10 most recent fiscal years ending before such calendar year. If the amount determined under the preceding sentence is not a multiple of 0.1, such amount shall be increased to the next highest multiple of 0.1. ``(2) Account benefits ratio.--For purposes of this section, the term `account benefits ratio' means, with respect to any fiscal year, the amount determined by the Railroad Retirement Board by dividing the fair market value of the assets in the Railroad Retirement Account as of the close of such fiscal year by the total benefits and administrative expenses paid from the Railroad Retirement Account during such fiscal year. ``(d) Notice.--No later than December 1 of each calendar year, the Secretary shall publish a notice in the Federal Register of the rates of tax determined under this section which are applicable for the following calendar year.''. (e) Conforming Amendment.--The table of subchapters for chapter 22 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Subchapter E. Tier 2 tax rate determination.''. (f) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2002. SEC. 6. TRANSITION TO A PRIVATE RAILROAD PENSION FUND. (a) Transmission of Proposal.--The labor and management members of the Railroad Retirement Board shall transmit a plan by June 1, 2001, to the Secretary of Labor for a multiemployer pension plan for individuals who would otherwise be covered by the Railroad Retirement Act of 1974. (b) Funding of Plan.--If the plan described in subsection (a) is certified by the Secretary of Labor by October 1, 2001, as a bona fide plan-- (1) the Secretary of the Treasury shall make an annual payment (on or before December 31, beginning with 2001) from the Railroad Retirement Account to the fund relating to such plan in an amount specified by the Secretary of Labor (on or before December 1, beginning with 2001) as being the minimum amount necessary (taking into consideration any funding deposited into such fund pursuant to subsection (e)) to assure-- (A) full funding for all new entrants using Employee Retirement Income Security Act funding standards; (B) full funding of all accruing pension obligations for benefits elected to be included in the plan under subsection (d)(1) (if any) using Employee Retirement Income Security Act funding standards; and (C) adequate funding to meet the on-going pension payments for any Railroad Retirement Act pension obligations that have been transferred to the plan under subsection (d)(2) (if any); and (2) notwithstanding any other provision of law, the new entrants shall no longer be entitled to benefits under the Railroad Retirement Act of 1974. (c) Certification Requirements.-- (1) In general.--For purposes of subsection (b), to be certified by the Secretary of Labor as a bona fide plan, the plan must (A) provide a defined benefit pension plan for all new entrants; and (B) meet fiduciary and other requirements of the Employee Retirement Income Security Act of 1974 deemed necessary and applicable by the Secretary of Labor. (2) New entrant.--For purposes of this section, a new entrant is a person hired after December 31, 2001, who would otherwise be covered by the Railroad Retirement Act of 1974 and who has never previously been covered by such Act. (d) Optional Elements of Plan.-- (1) Additional benefits.--The plan submitted to the Secretary of Labor may include provision of pension benefits for persons other than new entrants (and auxiliary beneficiaries of new entrants), if such benefits are fully funded under the standards of the Employee Retirement Income Security Act of 1974. (2) Transfer of existing obligations.--The plan may also include the transfer of existing Railroad Retirement Act pension obligations (other than social security equivalent benefit obligations). To transfer these pensions obligations, the Railroad Retirement Board must certify to the Secretary of Labor, for each individual beneficiary affected by such transfer, that the beneficiary will get his or her pension payment from the plan in lieu of a payment from the Railroad Retirement Account. (e) Agreed Plan Deposits.--Employers and employees covered by the multiemployer pension plan certified under this section may directly deposit pension fund contributions into the fund and such deposits shall be taken into consideration by the Secretary of Labor for purposes of the payment amount specified in subsection (b). SEC. 7. REPEAL OF 4.3-CENT MOTOR FUEL EXCISE TAXES ON RAILROADS AND INLAND WATERWAY TRANSPORTATION WHICH REMAIN IN GENERAL FUND. (a) Taxes on Trains.-- (1) In general.--Subparagraph (A) of section 4041(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``or a diesel-powered train'' each place it appears and by striking ``or train''. (2) Conforming amendments.-- (A) Subparagraph (C) of section 4041(a)(1) of such Code is amended by striking clause (ii) and by redesignating clause (iii) as clause (ii). (B) Subparagraph (C) of section 4041(b)(1) of such Code is amended by striking all that follows ``section 6421(e)(2)'' and inserting a period. (C) Subsection (d) of section 4041 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Diesel fuel used in trains.--There is hereby imposed a tax of 0.1 cent per gallon on any liquid other than gasoline (as defined in section 4083)-- ``(A) sold by any person to an owner, lessee, or other operator of a diesel-powered train for use as a fuel in such train, or ``(B) used by any person as a fuel in a diesel- powered train unless there was a taxable sale of such fuel under subparagraph (A). No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081.'' (D) Subsection (f) of section 4082 of such Code is amended by striking ``section 4041(a)(1)'' and inserting ``subsections (d)(3) and (a)(1) of section 4041, respectively''. (E) Paragraph (3) of section 4083(a) of such Code is amended by striking ``or a diesel-powered train''. (F) Paragraph (3) of section 6421(f) of such Code is amended to read as follows: ``(3) Gasoline used in trains.--In the case of gasoline used as a fuel in a train, this section shall not apply with respect to the Leaking Underground Storage Tank Trust Fund financing rate under section 4081.'' (G) Paragraph (3) of section 6427(l) of such Code is amended to read as follows: ``(3) Refund of certain taxes on fuel used in diesel- powered trains.--For purposes of this subsection, the term `nontaxable use' includes fuel used in a diesel-powered train. The preceding sentence shall not apply to the tax imposed by section 4041(d) and the Leaking Underground Storage Tank Trust Fund financing rate under section 4081 except with respect to fuel sold for exclusive use by a State or any political subdivision thereof.'' (b) Fuel Used on Inland Waterways.-- (1) In general.--Paragraph (1) of section 4042(b) of such Code is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Conforming amendment.--Paragraph (2) of section 4042(b) of such Code is amended by striking subparagraph (C). (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2000.
Directs the labor and management members of the Railroad Retirement Board to transmit a plan to the Secretary of Labor for a (private) multiemployer pension plan for individuals who would otherwise be covered by the Railroad Retirement Act of 1974. Amends IRC to: (1) repeal the 4.3-cent special motor fuel excise tax on railroads and inland waterway transportation; and (2) subject diesel fuel used in trains to the additional tax for the Leaking Underground Storage Tank Trust Fund.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Canine Detection Team Improvement Act of 2007''. SEC. 2. CANINE DETECTION TEAM IMPROVEMENT. (a) In General.--The Homeland Security Act of 2002 is amended-- (1) by redesignating the second title XVIII as title XIX; and (2) by adding at the end the following: ``TITLE XX--MISCELLANEOUS PROVISIONS ``Subtitle A--Canine Detection Teams ``SEC. 2001. COORDINATION AND ENHANCEMENT OF CANINE DETECTION TEAM TRAINING. ``The Secretary shall-- ``(1) fully coordinate the canine training programs of the Department, including the research and development of new canine training methods, including the optimum number and type of training aids and research on all measurements for efficiency and effectiveness; and ``(2) ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year. ``SEC. 2002. CANINE PROCUREMENT. ``The Secretary shall-- ``(1) make it a priority to increase the number of domestically bred canines used by the Department to assist in its counter-terrorism mission, including the protection of ports of entry and along the United States border; ``(2) increase the utilization of domestically bred canines from universities and private and nonprofit sources in the United States; and ``(3) consult with other Federal, State, and local agencies, nonprofit organizations, universities, and private entities that use detection canines, such as those participating in the Scientific Working Group on Dog and Orthogonal Detector Guidelines (popularly known as `SWGDOG'), as well as the Office of Management and Budget, to encourage domestic breeding of canines and consolidate canine procurement, where possible, across the Federal Government to reduce the cost of purchasing canines. ``SEC. 2003. DOMESTIC CANINE BREEDING GRANT PROGRAM. ``(a) Establishment of Program.--The Secretary shall establish a competitive grant program for domestic breeders of canines. The purpose of the grant program shall be to encourage the development and growth of targeted breeding programs that are best suited for breeding canines for detection purposes within the United States. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2008 through 2012. ``SEC. 2004. HOMELAND SECURITY CANINE DETECTION ACCREDITATION BOARD. ``(a) Establishment of Accreditation Board.-- ``(1) In general.--Not later than 180 days after the date on which the national voluntary consensus standards referred to in subsection (b)(1) are issued, the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Attorney General, shall establish a Homeland Security Canine Detection Accreditation Board to develop and implement a process for certifying compliance with such standards. ``(2) Membership.--The membership of the Accreditation Board shall consist of experts in the fields of canine training and explosives detection from Federal and State agencies, universities, other research institutions, and the private sector, such as those represented on the Executive Board of SWGDOG. ``(b) Accreditation Process.--The Accreditation Board shall establish and implement a voluntary accreditation process to-- ``(1) certify that persons conducting certification of canine detection teams appropriately ensure that the canine detection teams meet the national voluntary consensus standards for canines, handlers, and trainers developed by SWGDOG; ``(2) ensure that canine detection teams do not put public safety and the safety of law enforcement personnel at risk due to fraud or weaknesses in the initial or maintenance training curriculum; and ``(3) maintain and update a public list of entities accredited by the Department to certify canine detection teams. ``(c) Compliance With Standards.--Beginning not later than the date that is 180 days after the date on which the standards referred to in subsection (b)(1) are issued, the Secretary shall require that grant funds administered by the Department may not be used to acquire a canine detection team unless-- ``(1) the canine detection team is certified under the process established under subsection (b); or ``(2) the Secretary determines that the applicant has shown special circumstances that justify the acquisition of canines that are not certified under the process established under subsection (b). ``SEC. 2005. DEFINITIONS. ``In this subtitle: ``(1) Canine detection team.--The term `canine detection team' means a canine and a canine handler. ``(2) Certifying entity.--The term `certifying entity' means an entity that oversees the processes and procedures used to train and test canine detection teams. ``(3) SWGDOG.--The term `SWGDOG' means the Scientific Working Group on Dog and Orthogonal Detector Guidelines.''. (b) Clerical Amendment.--The table of sections in section 1(b) of such Act is amended by striking the items relating to the second title XVIII and adding at the end the following: ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE ``Sec. 1901. Domestic Nuclear Detection Office. ``Sec. 1902. Mission of Office. ``Sec. 1903. Hiring authority. ``Sec. 1904. Testing authority. ``Sec. 1905. Relationship to other Department entities and Federal agencies. ``Sec. 1906. Contracting and grant making authorities. ``TITLE XX--MISCELLANEOUS PROVISIONS ``Subtitle A--Canine Detection Teams ``Sec. 2001. Coordination and enhancement of canine detection team training. ``Sec. 2002. Canine procurement. ``Sec. 2003. Domestic canine breeding grant program. ``Sec. 2004. Homeland Security Canine Detection Accreditation Board. ``Sec. 2005. Definitions.''. (c) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the plan of the Secretary to coordinate and consolidate the canine training and related programs of the Department of Homeland Security in accordance with section 2001 of the Homeland Security Act of 2002, as added by subsection (a).
Canine Detection Team Improvement Act of 2007 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to: (1) fully coordinate Department of Homeland Security (DHS) canine training programs; (2) ensure that DHS is maximizing its use of existing training facilities and resources to train canines throughout the year; (3) make it a priority to increase the number of domestically bred canines used by DHS to assist its counterterrorism mission; (4) increase the utilization of domestically bred canines from universities and private and nonprofit sources; and (5) consult with other federal, state, and local agencies, nonprofit organizations, universities, and private entities that use detection canines, as well as the Office of Management and Budget (OMB), to encourage domestic breeding of canines and to consolidate canine procurement across the federal government. Directs the Secretary to: (1) establish a competitive grant program for domestic breeders of canines; (2) establish a Homeland Security Canine Detection Accreditation Board; and (3) prohibit the use of grant funds to acquire a canine detection team that is not certified, except under special circumstances.
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SECTION 1. PETROLEUM PRODUCT PRICING. (a) Working Group.--The Secretary of Energy shall establish, and serve as the Chair of, an interagency working group consisting of representatives from the Federal Energy Regulatory Commission, the Federal Trade Commission, and other appropriate Federal agencies. (b) Study.--The working group established under subsection (a) shall conduct a study to-- (1) identify the factors that affect the pricing of crude oil and refined petroleum products, including an examination of the effects of market speculation on prices; and (2) review and assess the roles, missions, and structures of relevant Federal agencies, examine interagency coordination, and identify and assess the gaps which need to be filled for the Federal Government to effectively oversee and regulate crude oil and refined petroleum product markets. (c) Elements of Study.--Such study shall include-- (1) an examination of price formation with respect to crude oil and refined petroleum products; (2) an examination of the respective degree to which the regulation by national governments, or lack thereof, in international markets may allow or tolerate excessive speculation, market manipulation, or other abuses which impact crude oil or refined petroleum product prices; and (3) an examination of the degree to which changes in transparency, liquidity, and structure have influenced or driven abuse, manipulation, excessive speculation, or inefficient price formation. (d) Conduct of Study.--In conducting the study, the Secretary shall-- (1) utilize the expertise and resources of the Office of Fossil Energy, the Office of Policy and International Affairs, the Office of the General Counsel, and such other offices in the Department of Energy that have expertise bearing on the operation of and laws applying to crude oil and petroleum product markets; (2) designate one such office to serve as the Secretariat for the Task Force; (3) utilize the expertise and resources of the Energy Information Administration, particularly in validating statistical data that may be relevant; and (4) be authorized to procure by contract such private commercial expertise and resources as are required to complete the study in a complete, timely, and credible manner. (e) Information From Federal Agencies.--Each executive department, bureau, commission, agency, board, office, independent establishment, or instrumentality of the Federal Government shall make available to the working group upon request any data, information, estimates, statistics, and access to any employee necessary for the conduct of the study under this section. (f) Public Hearings.--The Secretary of Energy shall provide for not less than 3 public hearings at locations across the country to take testimony, on the record, as part of the fact gathering process to enable the working group to perform its functions under this section. (g) Consultation.--The working group shall consult with domestic and international oil industry participants, the financial services and futures industry, commodity exchanges, industry and financial consultants, wholesale, retail, and consumer organizations, academic and nonprofit organizations, and local, State, national, and international governmental organizations. (h) Subpoena Power.--The Secretary of Energy shall have the power to compel the production of records and testimony for the purposes of the working group, and may exercise the powers of the Department of Energy to secure information and data necessary to carry out the requirements of this section. (i) Report and Recommendations.-- (1) In general.--During the conduct of the study under this section, the Secretary of Energy shall provide to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate quarterly progress reports, and not later than 1 year after the date of enactment of this Act the Secretary shall transmit to such committees a report that-- (A) describes the results of the study; and (B) provides options and the recommendations of the working group for appropriate Federal coordination of oversight and regulatory actions to ensure transparency of crude oil and refined petroleum product pricing and elimination of excessive speculation. (2) Immediate action.--If at any time during the course of the preparation of the study the Secretary of Energy determines that there is a basis for a policy recommendation to Congress to modify United States laws or regulatory authorities so as to protect United States energy consumers from the potential for abuse and manipulation by activities taking place in energy markets or exchanges, the Secretary shall make such recommendations immediately to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (j) Authorization of Appropriations.--There are authorized to be appropriated for carrying out this section-- (1) $21,000,000 to the Secretary of Energy; (2) $1,000,000 to the Federal Energy Regulatory Commission; (3) $1,000,000 to the Federal Trade Commission; and (4) $2,000,000 to other Federal agencies participating in the interagency working group.
Directs the Secretary of Energy to establish an interagency working group to study and report to specified congressional committees on: (1) factors that affect the pricing of crude oil and refined petroleum products; and (2) the roles, missions, and structures of relevant federal agencies, interagency coordination, and the gaps which need to be filled for the federal government to effectively oversee and regulate crude oil and refined petroleum product markets.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Ocean Exploration Program Act''. SEC. 2. ESTABLISHMENT. The Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration. SEC. 3. PURPOSES. The purposes of the program are the following: (1) To explore the physical, biological, chemical, geological, archaeological, temporal, and other related characteristics of the oceans to benefit, inform, and inspire the American people. (2) To create missions and scientific activities of discovery that will improve our understanding, appreciation, and stewardship of the unique marine ecosystems, organisms, chemistry, and geology of the world's oceans, and to enhance knowledge of submerged maritime historical and archaeological sites. (3) To facilitate discovery of marine natural products from these ecosystems that may have potential beneficial uses, including those that may help combat disease or provide therapeutic benefits. (4) To communicate such discoveries and knowledge to policymakers, regulators, researchers, educators, and interested nongovernmental entities in order to support policy decisions and to spur additional scientific research and development. (5) To maximize effectiveness by integrating multiple scientific disciplines, employing the diverse resources of the ocean science community, and making ocean exploration data and information available in a timely and consistent manner. (6) To achieve heightened education, environmental literacy, public understanding and appreciation of the oceans. SEC. 4. AUTHORITIES. In carrying out the program the Administrator of the National Oceanic and Atmospheric Administration shall-- (1) conduct interdisciplinary exploration voyages or other scientific activities in conjunction with other Federal agencies or academic or educational institutions, to survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings; (2) give priority attention to deep ocean regions, with a focus on surveying deep water marine systems that hold potential for important scientific and medical discoveries, such as hydrothermal vent communities and seamounts; (3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences; (4) develop, in consultation with the National Science Foundation, a transparent process for reviewing and approving proposals for activities to be conducted under this program; (5) enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensors; (6) conduct public education and outreach activities that improve the public understanding of ocean science, resources, and processes, in conjunction with relevant educational programs of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other agencies; (7) accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans; and (8) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program. SEC. 5. EXPLORATION TECHNOLOGY AND INFRASTRUCTURE TASK FORCE. The National Oceanic and Atmospheric Administration, in coordination with the National Aeronautics and Space Administration, the U.S. Geological Survey, Office of Naval Research, and relevant governmental, non-governmental, academic, and other experts, shall convene an ocean technology and infrastructure task force to develop and implement a strategy-- (1) to facilitate transfer of new exploration technology to the program; (2) to improve availability of communications infrastructure, including satellite capabilities, to the program; (3) to develop an integrated, workable and comprehensive data management information processing system that will make information on unique and significant features obtained by the program available for research and management purposes; and (4) to encourage cost-sharing partnerships with governmental and non-governmental entities that will assist in transferring exploration technology and technical expertise to the program. SEC. 6. INTERAGENCY FINANCING. The National Oceanic and Atmospheric Administration, the National Science Foundation, and other Federal agencies involved in the program, are authorized to participate in interagency financing and share, transfer, receive and spend funds appropriated to any federal participant the program for the purposes of carrying out any administrative or programmatic project or activity under this section. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Federal participant and the costs of the same. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the program-- (1) $45,000,000 for each of fiscal years 2005 through 2010; and (2) $55,000,000 for each of fiscal years 2011 through 2016. Passed the Senate November 16, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 2280 _______________________________________________________________________ AN ACT To establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration.
National Ocean Exploration Program Act - (Sec. 2) Directs the Secretary of Commerce to establish within the National Oceanic and Atmospheric Administration (NOAA) a coordinated national ocean exploration program. (Sec. 4) Directs the Administrator of NOAA, in carrying out the program, to: (1) conduct interdisciplinary exploration voyages; (2) give priority attention to deep ocean regions, with a focus on surveying deep water marine systems; (3) promote development of oceanographic research, communication, and data collections systems; (4) conduct public education and outreach activities that improve public understanding of ocean science; and (5) establish an ocean exploration forum. (Sec. 5) Requires NOAA to convene an ocean technology and infrastructure task force to develop and implement a strategy to: (1) facilitate the transfer of new exploration technology to the program; (2) improve the availability of communications infrastructure (including satellite) to the program; (3) develop a data management information processing system for information obtained under the program; and (4) encourage cost-sharing partnerships with governmental and non-governmental entities to assist in transferring exploration technology and technical expertise to the program. (Sec. 6) Authorizes NOAA, the National Science Foundation, and other Federal agencies involved in the program to participate in interagency financing in carrying out program activities. (Sec. 7) Authorizes appropriations from FY 2005 through 2016.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Settlements Act of 2015''. SEC. 2. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY FEDERAL AGENCIES. (a) Requirements for Settlement Agreements.-- (1) In general.--Chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 307. Information regarding settlement agreements ``(a) Definitions.--In this section-- ``(1) the term `covered settlement agreement' means a settlement agreement (including a consent decree)-- ``(A) that is entered into by an Executive agency; and ``(B)(i) that-- ``(I) relates to an alleged violation of Federal civil or criminal law; and ``(II) requires the payment of a total of not less than $1,000,000 by 1 or more non- Federal persons; or ``(ii) that-- ``(I) relates to the rule making process of the Executive agency or an alleged failure by the Executive agency to engage in a rule making process; and ``(II) requires the payment of a total of not less than $200,000 in attorney fees, costs, or expenses by the Executive agency or entity within the Federal Government to a non-Federal person; ``(2) the term `entity within the Federal Government' includes an officer or employee of the Federal Government acting in an official capacity; ``(3) the term `non-Federal person' means a person that is not an entity within the Federal Government; and ``(4) the term `rule making' has the meaning given that term under section 551(5). ``(b) Information To Be Posted Online.-- ``(1) Requirement.-- ``(A) In general.--Subject to subparagraph (B), the head of each Executive agency shall make publicly available in a searchable format in a prominent location on the Web site of the Executive agency-- ``(i) a list of each covered settlement agreement entered into by the Executive agency, which shall include, for each covered settlement agreement-- ``(I) the date on which the parties entered into the covered settlement agreement; ``(II) the names of the parties that settled claims under the covered settlement agreement; ``(III) a description of the claims each party settled under the covered settlement agreement; ``(IV) the amount each party settling a claim under the covered settlement agreement is obligated to pay under the settlement agreement; ``(V) the total amount the settling parties are obligated to pay under the settlement agreement; ``(VI) for each settling party-- ``(aa) the amount, if any, the settling party is obligated to pay that is expressly specified under the covered settlement agreement as a civil or criminal penalty or fine; and ``(bb) the amount, if any, that is expressly specified under the covered settlement agreement as not deductible for purposes of the Internal Revenue Code of 1986; and ``(VII) a description of where amounts collected under the covered settlement agreement will be deposited, including, if applicable, the deposit of such amounts in an account available for use for 1 or more programs of the Federal Government; and ``(ii) a copy of each covered settlement agreement entered into by the Executive agency. ``(B) Confidentiality provisions.--The requirement to disclose information or a copy of a covered settlement agreement under subparagraph (A) shall apply to the extent that the information or copy (or portion thereof) is not subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof). ``(2) Period.--The head of each Executive agency shall ensure that-- ``(A) information regarding a covered settlement agreement is publicly available on the list described in paragraph (1)(A)(i) for a period of not less than 5 years, beginning on the date of the covered settlement agreement; and ``(B) a copy of a covered settlement agreement made available under paragraph (1)(A)(ii) is publicly available-- ``(i) for a period of not less than 1 year, beginning on the date of the covered settlement agreement; or ``(ii) for a covered settlement agreement under which a non-Federal person is required to pay not less than $50,000,000, for a period of not less than 5 years, beginning on the date of the covered settlement agreement. ``(c) Public Statement.--If the head of an Executive agency determines that a confidentiality provision in a covered settlement agreement, or the sealing of a covered settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency shall issue a public statement stating why such action is required to protect the public interest of the United States, which shall explain-- ``(1) what interests confidentiality protects; and ``(2) why the interests protected by confidentiality outweigh the public's interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources. ``(d) Requirements for Written Public Statements.--Any written public statement issued by an Executive agency that refers to an amount to be paid by a non-Federal person under a covered settlement agreement shall-- ``(1) specify which portion, if any, of the amount to be paid under the covered settlement agreement by a non-Federal person-- ``(A) is expressly specified under the covered settlement agreement as a civil or criminal penalty or fine to be paid for a violation of Federal law; or ``(B) is expressly specified under the covered settlement agreement as not deductible for purposes of the Internal Revenue Code of 1986; ``(2) if no portion of the amount to be paid under the covered settlement agreement by a non-Federal person is expressly specified under the covered settlement agreement as a civil or criminal penalty or fine, include a statement specifying that is the case; and ``(3) describe in detail-- ``(A) any actions the non-Federal person shall take under the covered settlement agreement in lieu of payment to the Federal Government or a State or local government; and ``(B) any payments or compensation the non-Federal person shall make to other non-Federal persons under the covered settlement agreement. ``(e) Confidentiality.--The requirement to disclose information under subsection (d) shall apply to the extent that the information to be disclosed (or portion thereof) is not subject to a confidentiality provision that prohibits disclosure of the information (or portion thereof). ``(f) Reporting.-- ``(1) In general.--Not later than January 15 of each year, the head of an Executive agency that entered into a covered settlement agreement or that entered into a settlement agreement that involves regulatory action or regulatory changes during the previous fiscal year shall submit to each committee of Congress with jurisdiction over the activities of the Executive agency a report indicating-- ``(A) how many covered settlement agreements the Executive agency entered into during that fiscal year; ``(B) how many covered settlement agreements the Executive agency entered into during that fiscal year that had any terms or conditions that are required to be kept confidential; ``(C) how many covered settlement agreements the Executive agency entered into during that fiscal year for which all terms and conditions are required to be kept confidential; ``(D) the total amount of attorney fees, costs, and expenses paid to non-Federal persons under settlement agreements (including consent decrees) of the Executive agency during that fiscal year; and ``(E) the number of settlement agreements (including consent decrees) between the Executive agency and non-Federal persons that involve regulatory action or regulatory changes, including the promulgation of new rules, during that fiscal year. ``(2) Availability of reports.--The head of an Executive agency that is required to submit a report under paragraph (1) shall make the report publicly available in a searchable format in a prominent location on the Web site of the Executive agency.''. (2) Technical and conforming amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. Information regarding settlement agreements.''. (b) Review of Confidentiality of Settlement Agreements.--Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding how Executive agencies (as defined under section 105 of title 5, United States Code) determine whether the terms of a settlement agreement or the existence of a settlement agreement will be treated as confidential, which shall include recommendations, if any, for legislative or administrative action to increase the transparency of Government settlements while continuing to protect the legitimate interests that confidentiality provisions serve. Passed the Senate September 21, 2015. Attest: JULIE E. ADAMS, Secretary.
(This measure has not been amended since it was passed by the Senate on September 21, 2015. Truth in Settlements Act of 2015 Sets forth new requirements for the public disclosure of any covered settlement agreement entered into by a federal executive agency.  (Sec. 2) Defines "covered settlement agreement" as a settlement agreement (including a consent decree) that: (1) is entered into by an executive agency, relates to an alleged violation of federal civil or criminal law, and requires the payment of not less than $1 million by one or more non-federal persons (entities not within the federal government); or (2) relates to the rulemaking process or an alleged failure of an executive agency to engage in such process and requires the payment of not less than $200,000 in attorney fees, costs, or expenses by an executive agency to a non-federal person. Requires agency heads to make publicly available on the agency website a copy of each covered settlement agreement entered into by the agency and a list for each agreement, which shall include: the names of the parties to the settlement agreement and the date of such agreement; a description of the claims that were settled under the agreement; the amount each party to the agreement is obligated to pay under the terms of the agreement and the total amounts required to be paid; for each settling party, the amount the settling party is obligated to pay that has been expressly specified as a civil or criminal penalty or fine and any amount expressly specified as not deductible for tax purposes; and a description of where amounts collected under the agreement will be deposited. Requires each agency to ensure that: (1) such information remains publicly available for not less than 5 years beginning on the date of the agreement, and (2) a copy of a covered settlement agreement remains publicly available for not less than 1 year beginning on such date or for not less than 5 years in the case of an agreement under which a non-federal person is required to pay at least $50 million. Exempts the provisions of a covered settlement agreement that are subject to a confidentiality agreement from disclosure. Directs an agency to issue a public statement explaining any determination that confidentiality of an agreement is required to protect U.S. interests. Requires agencies to submit an annual report indicating: how many covered settlement agreements the agency entered into during the previous fiscal year; how many of such agreements had terms or conditions that were required to be kept confidential; the total amount of attorney fees, costs, and expenses paid to non-federal persons under such agreements; and the number of such agreements between the agency and non-federal persons that involved regulatory action or regulatory changes during that fiscal year. Directs the Comptroller General to report to Congress on how agencies determine whether the terms or existence of a settlement agreement will be treated as confidential.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Cats and Public Safety Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The global illicit trade in wildlife may be worth up to $20,000,000,000 annually and the value of United States legal wildlife trade was recently estimated at $2,800,000,000 annually. (2) The illegal trade in prohibited wildlife species (as that term is defined in the Lacey Act Amendments of 1981) stimulates demand and expands markets in which those species can be illegally sold. (3) The private ownership of and commerce in prohibited wildlife species has a substantial and detrimental effect on the health and general welfare of the American people and on the species themselves. (4) Activities related to prohibited wildlife species that are not an integral part of the interstate or foreign commerce in such species, such as private ownership and possession, nonetheless have a substantial and direct effect upon interstate commerce because-- (A) after breeding, many prohibited wildlife species are transported in interstate commerce; and (B) privately owned prohibited wildlife species have been transported in interstate commerce before transfer of ownership. (5) Private ownership of prohibited wildlife species contributes to swelling the interstate traffic in those species. (6) Prohibited wildlife species in private ownership or possession, or distributed intrastate, are fungible commodities that cannot be differentiated from prohibited wildlife species possessed or distributed interstate. Thus, it is not feasible to distinguish, in terms of control, between prohibited wildlife species in private ownership or possession or distributed intrastate and prohibited wildlife species possessed and distributed interstate. (7) Federal control of the intrastate private ownership and breeding of prohibited wildlife species is essential to the effective control of the interstate incidents of traffic in such species. (8) The United States is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which was designed to protect species of wild fauna and flora against over-exploitation through international trade. SEC. 3. DEFINITIONS. Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended by adding at the end the following: ``(l) Breed.--The term `breed' means to facilitate the reproduction of a prohibited wildlife species for commercial use.''. SEC. 4. PROHIBITIONS. Section 3(a) of such Act (16 U.S.C. 3372(a)) is amended-- (1) in paragraph (2)-- (A) by adding ``or'' after the semicolon at the end of subparagraph (A); and (B) by striking subparagraph (C); (2) by striking ``or'' after the semicolon at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following: ``(4) subject to subsection (e), to import, export, transport, sell, receive, acquire, purchase, breed, possess, or own any prohibited wildlife species; or''; and (3) in paragraph (5), as so redesignated, by striking ``(1) through (3)'' and inserting ``(1) through (4)''. SEC. 5. NONAPPLICABILITY OF OFFENSES. (a) In General.--Section 3(e) of such Act (16 U.S.C. 3372(e)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) In general.--Subsection (a)(4) does not apply to-- ``(A) importation, exportation, transportation, sale, receipt, acquisition, breeding, possession, ownership, or purchase of an animal of a prohibited wildlife species, by a person that, under regulations prescribed under paragraph (3), is described in subparagraph (A), (B), (C), or (D) paragraph (2) with respect to that species; and ``(B) transportation, possession, or ownership of an animal of a prohibited wildlife species, by a person that, under regulations prescribed under paragraph (3), is described in subparagraph (E) of paragraph (2) with respect to that animal.''; and (2) in paragraph (2)-- (A) by amending subparagraph (A) to read as follows: ``(A) is a zoo accredited by the Association of Zoos and Aquariums;''; and (B) in subparagraph (C)-- (i) by striking ``is an accredited''; (ii) in clause (iii), by striking ``and''; (iii) in clause (iv), by striking ``or'' and inserting ``and''; and (iv) by adding at the end the following: ``(v) does not allow the transport and display of animals off-site;''; (C) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following: ``(E) is in possession of one or more animals of the prohibited wildlife species, that-- ``(i) were born before the date of enactment of this subparagraph; and ``(ii) are registered with the Animal and Plant Health Inspection Service within 6 months after the date of promulgation of regulations implementing this subparagraph by the Secretary of the Interior and the Secretary of Agriculture.''. (b) Regulations.--Not later than 6 months after the date of enactment of this Act the Secretary of the Interior, acting through the United States Fish and Wildlife Service, and the Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall promulgate regulations implementing the amendments made by this section. SEC. 6. PENALTIES. (a) Civil Penalties.--Section 4(a)(1) of such Act (16 U.S.C. 3373(a)(1)) is amended-- (1) by inserting ``(a)(4),'' after ``subsections''; and (2) by striking ``subsection (d)'' and inserting ``subsection (a)(4), (d),''. (b) Criminal Penalties.--Section 4(d) of such Act (16 U.S.C. 3373(d)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or'' after the comma at the end; (B) in subparagraph (B), by adding ``or'' after the comma at the end; and (C) by inserting after subparagraph (B) the following: ``(C) knowingly violates paragraph (4) of section 3(a),''; and (2) in paragraph (2), by inserting ``, or in the exercise of due care should know that the conduct violates paragraph (4) of section 3(a),'' after ``treaty or regulation''. SEC. 7. FORFEITURE. Section 5(a) of such Act (16 U.S.C. 3374(a)) is amended-- (1) in paragraph (1), by inserting ``bred, possessed, owned,'' after ``acquired,''; and (2) in paragraph (2)-- (A) by inserting ``breeding, possessing, owning,'' after ``acquiring,''; and (B) by inserting ``or involved the breeding, possession, or ownership of a prohibited wildlife species''.
Big Cats and Public Safety Protection Act - Amends the Lacey Act Amendments of 1981 to prohibit any person from importing, exporting, transporting, selling, receiving, acquiring, purchasing, breeding, possessing, or owning any prohibited wildlife species (current law prohibits importing, exporting, transporting, selling, receiving, acquiring, or purchasing such a species in interstate or foreign commerce). Includes among exemptions to such prohibition the: (1) breeding of such species by authorized persons; and (2) transportation, possession, or ownership of such species by authorized persons. Defines "breeding" as facilitating the reproduction of prohibited wildlife species (any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species) for commercial use. Removes from the list of persons authorized to import, export, transport, sell, receive, acquire, breed, possess, own, or purchase such species a person that is licensed or registered, and inspected, by the Animal and Plant Health Inspection Service (APHIS) or any other federal agency with respect to such species. Includes in such list: (1) a zoo accredited by the Association of Zoos and Aquariums; (2) a wildlife sanctuary that cares for such species, is a tax exempt corporation, does not commercially trade in or propagate such species, does not allow direct contact between the public and animals, and does not allow the transport and display of such species off-site; and (3) a person that is in possession of animals of such species that were born before the date of this Act's enactment and that are registered with APHIS within six months after such regulations are promulgated. Establishes civil and criminal penalties and forfeiture requirements for violations of this Act.
{"src": "billsum_train", "title": "To amend the Lacey Act Amendments of 1981 to clarify provisions enacted by the Captive Wildlife Safety Act, to further the conservation of certain wildlife species, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Litigation Relief for Forest Management Projects Act''. SEC. 2. FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974. (a) Consultation Regarding Land Management Plans.--Section 6(d) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(d)) is amended-- (1) by striking ``(d) The Secretary'' and inserting the following: ``(d) Public Participation and Consultation.-- ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) No additional consultation required after approval of land management plans.-- ``(A) In general.--Notwithstanding any other provision of law, the Secretary shall not be required to engage in consultation under this subsection or any other provision of law (including section 7 of Public Law 93-205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)) with respect to-- ``(i) the listing of a species as threatened or endangered, or a designation of critical habitat pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.), if a land management plan has been adopted by the Secretary as of the date of listing or designation; or ``(ii) any provision of a land management plan adopted as described in clause (i). ``(B) Effect of paragraph.--Nothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency-- ``(i) regarding any project to implement a land management plan, including a project carried out, or proposed to be carried out, in an area designated as critical habitat pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.); or ``(ii) with respect to the development of a modification to a land management plan that would result in a significant change (within the meaning of subsection (f)(4)) in the land management plan.''. (b) Definition of Secretary; Conforming Amendments.-- (1) Definition of secretary.--Section 3(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(a)) is amended, in the first sentence of the matter preceding paragraph (1), by inserting ``(referred to in this Act as the `Secretary')'' after ``Secretary of Agriculture''. (2) Conforming amendments.--The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is amended, in sections 4 through 9, 12, 13, and 15, by striking ``Secretary of Agriculture'' each place it appears and inserting ``Secretary''. SEC. 3. FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976. Section 202(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(f)) is amended-- (1) by striking ``(f) The Secretary'' and inserting the following: ``(f) Public Involvement.-- ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) No additional consultation required after approval of land use plans.-- ``(A) In general.--Notwithstanding any other provision of law, the Secretary shall not be required to engage in consultation under this subsection or any other provision of law (including section 7 of Public Law 93-205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)), with respect to-- ``(i) the listing of a species as threatened or endangered, or a designation of critical habitat, pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.), if a land use plan has been adopted by the Secretary as of the date of listing or designation; or ``(ii) any provision of a land use plan adopted as described in clause (i). ``(B) Effect of paragraph.-- ``(i) Definition of significant change.--In this subparagraph, the term `significant change' means a significant change within the meaning of section 219.13(b)(3) of title 36, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph), except that-- ``(I) any reference contained in that section to a land management plan shall be deemed to be a reference to a land use plan; ``(II) any reference contained in that section to the Forest Service shall be deemed to be a reference to the Bureau of Land Management; and ``(III) any reference contained in that section to the National Forest Management Act of 1976 (Public Law 94- 588; 90 Stat. 2949) shall be deemed to be a reference to this Act. ``(ii) Effect.--Nothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency-- ``(I) regarding a project carried out, or proposed to be carried out, with respect to a species listed as threatened or endangered, or in an area designated as critical habitat, pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.); or ``(II) with respect to the development of a new land use plan or the revision of or other significant change to an existing land use plan.''.
Litigation Relief for Forest Management Projects Act This bill amends the Forest and Rangeland Renewable Resources Planning Act of 1974 and the Federal Land Policy and Management Act of 1976 to prohibit the Department of Agriculture (USDA) or the Department of the Interior from being required to engage in any additional consultation with respect to: (1) the listing of a species as threatened or endangered, or a designation of a critical habitat, if a land management plan or land use plan, respectively, has been adopted by USDA or Interior as of the date of the listing or designation; or (2) any provision of such an adopted plan.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Puerto Rico Emergency Financial Stability Act of 2015''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Effective date. Sec. 4. Severability. Sec. 5. Definitions. Sec. 6. Automatic stay. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following-- (1) The Commonwealth Government is confronted with a dire fiscal emergency and liquidity crisis that imminently threatens the welfare of the people of the Commonwealth, affecting the provision of essential public services including public safety, health care, and education that are needed both to sustain the welfare of the people and the economic ability of the Commonwealth to address any future resolution of debts and legal obligations. (2) A temporary stay on litigation with respect to debt holders for the Commonwealth is essential to provide breathing space to the Commonwealth, creditors, and the Congress to determine an orderly process for the Commonwealth to address any future resolution of legal obligations and to provide the Commonwealth a path to sustainable growth; and thereby, protect the lives of more than 3.5 million American citizens living in the Commonwealth. (3) The Commonwealth is in a state of fiscal emergency brought on by, among other things, a combination of accumulated operating deficits, cash shortages, management inefficiencies, and excessive borrowing. (4) The Commonwealth Government's debt is unusually complex, with eighteen different but inter-related issuers. (A) There is an even larger number of creditor groups, each of which may have divergent interests. (B) The debt's unusual complexity will substantially complicate any potential consensual restructuring in the absence of Federal legislation to facilitate the negotiations. (5) This legislation, which includes a stay on litigation by debt holders, can protect essential government services and help the Commonwealth address its liabilities in an orderly fashion, benefitting all stakeholders. (A) A temporary stay on litigation is essential to facilitate an orderly process for stabilizing, evaluating, and comprehensively resolving the Commonwealth's fiscal crisis. (B) Avoiding a disorderly race to the courthouse will benefit creditors as well as other stakeholders. (C) Furthermore, the stay is only temporary. (b) Purposes.--The purposes of this Act are to-- (1) provide a limited period of time to permit Congress to enact comprehensive relief for the Commonwealth, providing it the necessary tools to address its economic and fiscal crisis; and (2) provide the Commonwealth Government with a tool it needs to address an immediate and imminent crisis that is unprecedented in the history of the United States. SEC. 3. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act. SEC. 4. SEVERABILITY. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act, or the application of that provision to persons or circumstances other than those as to which it is held invalid, is not affected thereby. SEC. 5. DEFINITIONS. In this Act: (1) Bond.--The term ``Bond'' means a bond, loan, line of credit, note, or other borrowing title, in physical or dematerialized form, of which-- (A) the issuer, borrower, or guarantor is the Commonwealth Government; and (B) the date of issuance or incurrence of debt precedes the date of enactment of this Act. (2) Commonwealth.--The term ``Commonwealth'' means the Commonwealth of Puerto Rico. (3) Commonwealth government.--The term ``Commonwealth Government'' means the government of the Commonwealth of Puerto Rico, including all its political subdivisions, public agencies, instrumentalities, and public corporations. (4) Court.--The term ``court'' means the United States District Court for the District of Puerto Rico. (5) Other terms.--Any other term that is used in section 6 and is defined in title 11, United States Code, has the same meaning in section 6. SEC. 6. AUTOMATIC STAY. (a) Except as otherwise provided in this section, the enactment of this Act operates with respect to any claim, debt, or cause of action related to a Bond as a stay, applicable to all entities (as such term is defined in section 101 of title 11, United States Code), of-- (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the Commonwealth Government or to recover a claim against the Commonwealth Government; (2) the enforcement, against the Commonwealth Government or against property of the Commonwealth Government, of a judgment; (3) any act to obtain possession of property of the Commonwealth Government or of property from the Commonwealth Government or to exercise control over property of the Commonwealth Government; (4) any act to create, perfect, or enforce any lien against property of the Commonwealth Government; (5) any act to create, perfect, or enforce against property of the Commonwealth Government any lien to the extent that such lien secures a claim; (6) any act to collect, assess, or recover a claim against the Commonwealth Government; and (7) the setoff of any debt owing to the Commonwealth Government against any claim against the Commonwealth Government. (b) The enactment of this Act does not operate as a stay under subsection (a) of this section, of the continuation of, including the issuance or employment of process, a judicial, administrative, or other action or proceeding against the Commonwealth Government that was commenced on or before the date of enactment of this Act. (c) Except as provided in subsection (d), (e), or (f), a stay of an act under subsection (a) shall cease to have effect as of April 1, 2016. (d) On motion of a party in interest and after notice and a hearing, the court may grant relief from a stay under subsection (a)-- (1) for cause, including the lack of adequate protection of a security interest in property of such party in interest; or (2) with respect to a stay of an act against property under subsection (a), if-- (A) the debtor does not have an equity in such property; and (B) such property is not necessary for the Commonwealth to provide essential services; (e) Thirty days after a request under subsection (d) of this section for relief from the stay of any act against property of the Commonwealth Government under subsection (a) of this section, such stay is terminated with respect to the party in interest making such request, unless the court, after notice and a hearing, orders such stay continued in effect pending the conclusion of, or as a result of, a final hearing and determination under subsection (d) of this section. A hearing under this subsection may be a preliminary hearing, or may be consolidated with the final hearing under subsection (d) of this section. The court shall order such stay continued in effect pending the conclusion of the final hearing under subsection (d) of this section if there is a reasonable likelihood that the party opposing relief from such stay will prevail at the conclusion of such final hearing. If the hearing under this subsection is a preliminary hearing, then such final hearing shall be concluded not later than 30 days after the conclusion of such preliminary hearing, unless the 30-day period is extended with the consent of the parties in interest or for a specific time which the court finds is required by compelling circumstances. (f) Upon request of a party in interest, the court, with or without a hearing, shall grant such relief from the stay provided under subsection (a) of this section as is necessary to prevent irreparable damage to the secured interest of an entity in property, if such interest will suffer such damage before there is an opportunity for notice and a hearing under subsection (d) or (e) of this section. (g) No order, judgment, or decree entered in violation of this section will have any force or effect. (h) In any hearing under subsection (d) or (e) concerning relief from a stay-- (1) the party requesting such relief has the burden of proof on the issue of the debtor's equity in property; and (2) the party opposing such relief has the burden of proof on all other issues.
Puerto Rico Emergency Financial Stability Act of 2015 This bill grants a temporary stay (until April 1, 2016, with specified exceptions) of any litigation, liens, or other collection actions to recover debts owed by the government of the Commonwealth of Puerto Rico and allows relief from such stay only in limited circumstances.
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SECTION 1. FINDINGS. Congress finds the following: (1) It is in the national interest that all citizens, including active-duty service members, be allowed to vote in Federal elections. (2) Since 1977, active-duty service members serving overseas or on the United States mainland have been excluded from fully participating and voting in both general and runoff Federal elections in American Samoa due to several factors, including local law that requires active duty military members to register in person, limited air and mail service between the U.S. mainland and American Samoa, and delays in the preparation of new ballots in the case of runoff elections. (3) American Samoa law requiring uniformed service voters to register to vote in person is contrary to the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.). (4) The Uniformed and Overseas Citizens Absentee Voting Act has been in effect for over 15 years, and American Samoa has not addressed this discrepancy between Federal and territorial law, despite notice that the discrepancy exists. (5) It is necessary to take additional action to ensure that the votes of uniformed voters are counted in Federal elections conducted in American Samoa and that active duty service members (including reservists called to active duty) do not need to appear in person to register to vote. (6) It is necessary to state that the Uniformed and Overseas Citizens Absentee Voting Act supersedes American Samoa law and American Samoa must comply with this Federal law. (7) It is also in the national interest that, to the extent possible, Members of the United States House of Representatives and non-voting Delegates be elected in the first week of November in even-numbered years. (8) Since 1980, when the first election for the Congressional Delegate from American Samoa was held, there have been several general elections at which there was no final resolution of who was elected as the Delegate for the next Congress, and run-off elections were required. (9) When the outcome of the Delegate election is not resolved until a runoff election is held, a final determination of who the Delegate will be is not made known until late November. (10) A delayed outcome may place a newly elected Delegate in a more junior position to other Members of Congress elected on the first Tuesday after the first Monday of November in an election year. (11) When more than 2 candidates file to run for election for the office of Delegate, holding a primary election to reduce the number of candidates to 2 will greatly increase the likelihood that the general election will produce a candidate who receives a majority of the votes cast. SEC. 2. PRIMARY ELECTION REQUIRED. Section 2(a) of the Act entitled ``An Act to provide that the Territory of American Samoa be represented by a nonvoting Delegate to the United States House of Representatives, and for other purposes'', approved October 31, 1978 (48 U.S.C. 1732(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following new paragraphs: ``(2) In any general election year when 3 or more eligible individuals file by the first Tuesday of July as candidates for the office of Delegate, a primary election shall be held on the first Tuesday of August of that general election year. If the primary election results in 1 candidate receiving more than 50 percent of the votes cast, then that candidate shall be the only candidate on the ballot for the general election for Delegate that year. If the primary election results in no candidate receiving more than 50 percent of the votes cast, then the 2 candidates receiving the most votes cast shall be on the ballot for the general election year. If there is a tie for the 2 candidates receiving the most votes, the names of the 2 candidates shall be listed on the ballot for that general election year. ``(3) Candidates for the office of Delegate to the United States House of Representatives must file their candidacy not later than the first Tuesday of July each year that a general election referred to in paragraph (1) is scheduled to be held.''. SEC. 3. CONFORMING AMENDMENTS. Section 4 of the Act entitled ``An Act to provide that the Territory of American Samoa be represented by a nonvoting Delegate to the United States House of Representatives, and for other purposes'', approved October 31, 1978 (48 U.S.C. 1734), is amended by inserting ``in a general Federal election'' after ``ties between candidates''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on January 1, 2003.
Declares that it is necessary to state that the Uniformed and Overseas Citizens Absentee Voting Act supersedes American Samoa law and American Samoa must comply with it.Requires a primary election to be held in American Samoa on the first Tuesday of August of any general election year when three or more eligible individuals have filed by the first Tuesday of July as candidates for the office of Delegate representing American Samoa in the U.S. House of Representatives.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Leave for Disabled Veterans Act''. SEC. 2. ELIGIBILITY ADJUSTMENT FOR VETERANS. (a) Eligibility Based on Time in Employment.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following: ``(E) Veterans.-- ``(i) Eligibility based on time in employment.--Notwithstanding the eligibility requirements in paragraph (2)(A), an employee who is a veteran shall be deemed an eligible employee for purposes of leave described in clause (iii) if-- ``(I) such employee has a service- connected disability (as defined in section 101 of title 38, United States Code) rated at between 30 and 50 percent by the Secretary of Veterans Affairs and such employee has been employed for at least 8 months by the employer with respect to whom leave is requested under section 102 and has at least 833 hours of service with such employer during the previous 8-month period; ``(II) such employee has a service- connected disability rated at 60 percent or higher by the Secretary of Veterans Affairs and such employee has been employed for at least 6 months by the employer with respect to whom leave is requested under section 102 and has at least 625 hours of service with such employer during the previous 6-month period; or ``(III) such employee-- ``(aa) is not covered under subclause (I) or (II); ``(bb) retired from the Armed Forces under chapter 61 of title 10, United States Code, by reason of a service- connected disability either-- ``(AA) rated at between 30 and 50 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of such retirement; or ``(BB) rated at 60 percent or higher under such schedule; and ``(cc) either-- ``(AA) with respect to an individual covered under subitem (AA) of item (bb), has been employed for at least 8 months by the employer with respect to whom leave is requested under section 102 and has at least 833 hours of service with such employer during the previous 8- month period; or ``(BB) with respect to an individual covered under subitem (BB) of such item, has been employed for at least 6 months by the employer with respect to whom leave is requested under section 102 and has at least 625 hours of service with such employer during the previous 6- month period. ``(ii) Certification.--To be eligible for the eligibility adjustment described in clause (i)-- ``(I) an employee described in subclause (I) or (II) of such clause shall submit to the employer a certification from a Department of Veterans Affairs medical provider or from a non-Department of Veterans Affairs facility or medical provider through which the Secretary of Veterans Affairs has furnished hospital care or medical services to the employee under the laws administered by the Secretary; and ``(II) an employee described in subclause (III) of such clause shall submit to the employer a certification from the Secretary of Defense describing the retirement of the individual from the Armed Forces under chapter 61 of title 10, United States Code. ``(iii) Leave described.--Leave described in this clause is leave under section 102(a)(1)(E) that-- ``(I) an employee described in subclause (I) or (II) of clause (i) takes to receive hospital care or medical services for which the employee is eligible to receive pursuant to chapter 17 of title 38, United States Code, regardless of whether such hospital care or medical services is furnished by the Department of Veterans Affairs; or ``(II) an employee described in subclause (III) of such clause takes to receive hospital care or medical services relating to the service- connected disability described in item (bb) of such subclause.''. (b) Entitlement to Leave.--Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(A)(1)) is amended by adding at the end the following new subparagraph: ``(F) In order to receive hospital care or medical services as a veteran for a service-connected disability, as described in section 101(2)(E).''.
Medical Leave for Disabled Veterans Act This bill amends the Family and Medical Leave Act of 1993 (FMLA) to provide eligibility for specified medical/hospital care for an employee who: (1) has a Department of Veterans Affairs (VA) disability rating of between 30% and 50% and at least 833 hours of service with the employer (from whom leave is requested) during the previous eight-month period, or (2) has a VA disability rating of 60% or higher and at least 625 hours of service with such employer during the previous 6-month period. Medical/hospital leave shall also be provided to an employee who is not covered by the above provision but who retired from the Armed Forces by reason of a service-connected disability: (1) rated at between 30% and 50% at retirement and who has at least 833 hours of service with such employer during the previous eight-month period, or (2) rated at 60% or higher at retirement and who has at least 625 hours of service with such employer during the previous 6-month period. (Under current law, employees of an FMLA-covered employer become eligible for medical leave after 12 months on the job and at least 1,250 hours of service with such employer during the previous 12-month period.) A employee must submit a certification to the employer from the VA or the Department of Defense, as appropriate, to be eligible for such adjustment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Living Equitably: Grandparents Aiding Children and Youth Act''. SEC. 2. DEMONSTRATION PROGRAM FOR ELDERLY HOUSING FOR INTERGENERATIONAL FAMILIES. (a) In General.--The Secretary of Housing and Urban Development shall carry out a demonstration program to determine the feasibility of providing intergenerational dwelling units for intergenerational families in connection with the supportive housing program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). (b) Intergenerational Dwelling Units.--Under the demonstration program, the Secretary shall provide assistance under this section to private nonprofit organizations (as such term is defined in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)) for use only for expanding the supply of intergenerational dwelling units, which units shall be provided-- (1) by designating and retrofitting, for use as intergenerational dwelling units, existing dwelling units that are located within a project assisted under such section 202; (2) through development of buildings or projects comprised solely of intergenerational dwelling units; or (3) through the development of an annex or addition to such an existing project assisted under such section 202, which contains intergenerational dwelling units, including through the development of elder cottage housing opportunity units that are small, freestanding, barrier-free, energy-efficient, removable dwelling units located adjacent to a larger project or dwelling. (c) Program Terms.--Assistance provided pursuant to this section shall be subject to the provisions of section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), except that-- (1) notwithstanding subsection (d)(1) of such section or any provision of such section restricting occupancy to elderly persons, any intergenerational dwelling unit assisted under the demonstration program may be occupied as provided in subsection (e)(2) of this section; (2) subsections (e) and (f) of such section 202 (relating to applications and selection criteria) shall not apply; (3) in addition to the requirements under subsection (g) of such section 202, the Secretary of Housing and Urban Development shall ensure that occupants of dwelling units assisted under the demonstration program are provided a range of services tailored to the needs of elderly persons, children, and intergenerational families and shall coordinate with the heads of other Federal agencies as may be appropriate to ensure the provision of such services; and (4) the Secretary may waive or alter any other provision of such section 202 necessary to provide for assistance under the demonstration program under this section. (d) Selection.--The Secretary of Housing and Urban Development shall provide for private nonprofit organizations to submit applications for assistance under this section and, during the period consisting of fiscal years 2003 through 2006 shall, to the extent amounts are available pursuant to subsection (g), select not less than 2 and not more than 4 projects assisted under section 202 of the Housing Act of 1959 for such assistance based on the ability of the applicant to develop and operate intergenerational dwelling units and national geographical diversity among projects funded. (e) Definitions.--For purposes of this section: (1) Elderly person.--The term ``elderly person'' has the meaning given such term in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)). (2) Intergenerational dwelling unit.--The term ``intergenerational dwelling unit'' means a qualified dwelling unit (as such term is defined in section 9 of this Act) that is reserved for occupancy only by an intergenerational family. (3) Intergenerational family.--The term ``intergenerational family'' means a covered family (as such term is defined in section 9 of this Act) that has a head of household who is an elderly person. (f) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit a report to the Congress describing the demonstration program under this section and analyzing the effectiveness of the program. (g) Funding.--Of any amounts made available for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for each of fiscal years 2003 through 2006, the Secretary of Housing and Urban Development shall reserve amounts in such fiscal years as may be necessary to fund the demonstration projects selected under subsection (d). Such amounts shall be available for use only for providing assistance under this section. SEC. 3. DEMONSTRATION PROGRAM FOR RENTAL ASSISTANCE FOR GRANDPARENT- HEADED OR RELATIVE-HEADED FAMILIES. (a) In General.--The Secretary of Housing and Urban Development shall carry out a demonstration program to determine the feasibility of providing rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for the rental of suitable dwelling units by covered families. (b) Eligible Units.--Under the demonstration program, the Secretary shall make rental assistance amounts reserved pursuant to subsection (f) of this section available to public housing agencies selected to participate in the program for use only for assistance on behalf of covered families renting qualified dwelling units. Such a public housing agency may not initially provide voucher assistance under this section for any family after the end of fiscal year 2006. (c) Services.--The Secretary of Housing and Urban Development shall require any public housing agency participating in the demonstration program under this section to provide, to covered families receiving rental assistance pursuant to the program, supportive services that are tailored to the needs of children and covered families. The Secretary shall coordinate with the heads of other Federal agencies as may be appropriate to assist in ensuring the provision of such services (d) Selection.--The Secretary of Housing and Urban Development shall provide for public housing agencies to apply to participate in the demonstration program under this section and, during the period consisting of fiscal years 2003 through 2006 shall, to the extent amounts are available pursuant to subsection (f), select not less than two and not more than four agencies for such participation based on the ability of the applicant to provide assistance and services under the program and national geographical diversity among agencies participating in the program. (e) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit a report to the Congress describing the demonstration program under this section and analyzing the effectiveness of the program. (f) Funding.--Of any amounts made available for voucher assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for fiscal year 2003 and fiscal years thereafter, the Secretary of Housing and Urban Development shall reserve such amounts in such fiscal years as may be necessary to provide voucher assistance for the agencies selected under subsection (d) for use only for providing assistance under this section. SEC. 4. ELIGIBILITY OF GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES FOR FAMILY UNIFICATION ASSISTANCE. Section 8(x) of the United States Housing Act of 1937 (42 U.S.C. 1437f(x)) is amended-- (1) in paragraph (2)-- (A) by striking ``section 8'' and inserting ``this section''; (B) by striking ``and'' before ``(B)'' and inserting a comma; and (C) by inserting before the period at the end the following: ``, or (C) a covered family (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act), who is otherwise eligible for such assistance, for rental of a qualified dwelling unit (as such term is defined in such section 9)''; and (2) in the second sentence of paragraph (3)-- (A) by inserting ``, as appropriate (A)'' after ``containing''; and (B) by inserting before the period at the end the following: ``, or (B) a description of the need for assistance under this subsection for covered families (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act)''. SEC. 5. ELIGIBILITY OF HOME PROGRAM ECHO UNITS FOR USE FOR GRANDPARENT- HEADED AND RELATIVE-HEADED FAMILIES. Section 104(8) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(8)) is amended by adding at the end the following new sentence: ``Such term also includes cottage housing opportunity units that are installed adjacent to existing 1- to 4-family dwellings, are occupied by children who are members of covered families, and facilitate the habitation of covered families (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act) as a single family unit.''. SEC. 6. ASSISTANCE UNDER FAIR HOUSING INITIATIVES PROGRAM FOR EDUCATION AND OUTREACH REGARDING HOUSING OPPORTUNITIES FOR GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES. Section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) education, outreach, counseling, and assistance programs designed to inform covered families (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act) of affordable housing opportunities and services and to assist in obtaining such opportunities and services.''; and (2) in subsection (d), by adding at the end the following new paragraph: ``(4) Housing programs for grandparent-headed and relative- headed families.--The Secretary shall provide funding to State and local governments and public and nonprofit organizations and institutions to carry out the activities under subsection (a)(3).''. SEC. 7. TRAINING FOR HUD PERSONNEL REGARDING GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES ISSUES. Section 7 of the Department of Housing and Urban Development Act (42 U.S.C. 3535) is amended by adding at the end the following new subsection: ``(t) Training Regarding Issues Relating to Grandparent-Headed and Relative-Headed Families.--The Secretary shall ensure that all personnel employed in field offices of the Department who have responsibilities for administering the program under section 8 of the United States Housing Act of 1937 or under section 202 of the Housing Act of 1959, and an appropriate number of personnel in the headquarters office of the Department who have responsibilities for such programs, have received adequate training regarding the particular needs and problems of covered families (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act), including appropriate affordable housing opportunities and legal custody issues.''. SEC. 8. STUDY OF HOUSING NEEDS OF GRANDPARENT-HEADED AND RELATIVE- HEADED FAMILIES. (a) In General.--The Secretary of Housing and Urban Development and the Bureau of the Census shall jointly conduct a study to determine an estimate of the number of covered families in the United States and their affordable housing needs and shall submit a report to the Congress regarding the results of the study. (b) Report and Recommendations.--The report required under subsection (a) shall be submitted to the Congress not later than 12 months after the date of the enactment of this Act. The report shall include recommendations by the Secretary of Housing and Urban Development regarding how the major assisted housing programs of the Department of Housing and Urban Development (including the rental assistance and public housing programs under the United States Housing Act of 1937 and the supportive housing for the elderly program under section 202 of the Housing Act of 1959) can be used and, if appropriate, amended or altered, to meet the affordable housing needs of covered families. SEC. 9. DEFINITIONS. For purposes of this Act: (1) Child.--The term ``child'' means an individual who-- (A) is not attending school and is not more than 18 years of age; or (B) is attending school and is not more than 19 years of age. (2) Covered family.--The term ``covered family'' means a family that-- (A) includes a child; and (B) has a head of household who is-- (i) a grandparent of the child who is raising the child; or (ii) a relative of the child who is raising the child. (3) Grandparent.--The term ``grandparent'' means, with respect to a child, an individual who is a grandparent or stepgrandparent of the child by blood or marriage, regardless of the age of such individual. In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a grandparent or stepgrandparent of the child as adopted. (4) Qualified dwelling unit.--The term ``qualified dwelling unit'' means a dwelling unit that-- (A) has at least 2 separate bedrooms; (B) is equipped with design features appropriate to meet the special physical needs of elderly persons, as needed; and (C) is equipped with design features appropriate to meet the special physical needs of young children. (5) Raising a child.--The term ``raising a child'' means, with respect to an individual, that the individual-- (A) resides with the child; and (B) is the primary caregiver for the child-- (i) because the biological or adoptive parents of the child do not reside with the child or are unable or unwilling to serve as the primary caregiver for the child; and (ii) regardless of whether the individual has a legal relationship to the child (such as guardianship or legal custody) or is caring for the child informally and has no such legal relationship with the child. (6) Relative.--The term ``relative'' means, with respect to a child, an individual who-- (A) is not a parent of the child by blood or marriage; and (B) is a relative of the child by blood or marriage, regardless of the age of the individual. In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a relative of the family who adopted the child.
Living Equitably: Grandparents Aiding Children and Youth Act - Directs the Secretary of Housing and Urban Development to carry out demonstration programs to provide: (1) intergenerational family housing in connection with the supportive housing program; and (2) section 8 rental assistance to grandparent-headed or relative-headed covered families.Makes such covered families eligible for the following programs: (1) family unification assistance under the United States Housing Act of 1937; (2) cottage housing opportunity units under the Cranston-Gonzalez National Affordable Housing Act; and (3) fair housing initiatives program education, and outreach under the Housing and Community Development Act of 1987.Amends the Department of Housing and Urban Development Act to provide Department of Housing and Urban Development personnel with training respecting covered family issues.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Privacy and Civil Liberties Oversight Enhancement Act''. SEC. 2. SUBMISSION OF REPORTS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TO THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. (a) References.--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 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (b) Foreign Intelligence Surveillance Court Rules.--Section 103(g)(2) (50 U.S.C. 1803(g)(2)) is amended by adding at the end the following new subparagraph: ``(H) The Privacy and Civil Liberties Oversight Board.''. (c) Report of Electronic Surveillance.--Section 107 (50 U.S.C. 1807) is amended in the matter preceding paragraph (1) by striking ``Administrative Office of the United States Court and to Congress'' and inserting ``Administrative Office of the United States Court, Congress, and the Privacy and Civil Liberties Oversight Board''. (d) Oversight of Electronic Surveillance.--Section 108 (50 U.S.C. 1808) is amended-- (1) in the heading, by striking ``congressional''; and (2) in subsection (a)(1), by striking ``the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate,'' and inserting ``the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives, the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, and the Privacy and Civil Liberties Oversight Board''. (e) Oversight of Physical Searches.--Section 306 (50 U.S.C. 1826) is amended-- (1) in the heading, by striking ``congressional''; and (2) in the matter preceding paragraph (1)-- (A) in the first sentence, by striking ``the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate,'' and inserting ``the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board''; and (B) in the second sentence, by striking ``those committees and the Committee on the Judiciary of the House of Representatives'' and inserting ``those committees and the Privacy and Civil Liberties Oversight Board''. (f) Oversight of Pen Registers and Trap and Trace Devices.--Section 406 (50 U.S.C. 1846) is amended-- (1) in the heading, by striking ``congressional''; (2) in subsection (a), by striking ``the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate,'' and inserting ``the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board''; and (3) in subsection (b), by striking ``the committees referred to in subsection (a) and to the Committees on the Judiciary of the House of Representatives and the Senate'' and inserting ``the committees referred to in subsection (a) and the Privacy and Civil Liberties Oversight Board''. (g) Oversight of Production of Certain Business Records.--Section 502 (50 U.S.C. 1862) is amended-- (1) in the heading, by striking ``congressional''; (2) in subsection (a), by striking ``the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate'' and inserting ``the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board''; and (3) in subsection (b), by striking ``the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence'' and inserting ``the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board''. (h) Semiannual Report of the Attorney General.--Section 601 (50 U.S.C. 1871) is amended-- (1) in subsection (a), by striking ``and the Committees on the Judiciary of the House of Representatives and the Senate,'' and inserting ``the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board''; (2) in subsection (c), by inserting ``and the Privacy and Civil Liberties Oversight Board'' after ``subsection (a)''; and (3) in subsection (d), by inserting ``and the Privacy and Civil Liberties Oversight Board'' after ``subsection (a)''. (i) Procedures for Targeting Certain Persons Outside the United States Other Than United States Persons.--Section 702(l) (50 U.S.C. 1881a(l)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (B)(ii), by striking the period and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) the Privacy and Civil Liberties Oversight Board.''; (2) in paragraph (2)(D)-- (A) in clause (ii), by striking ``; and'' and inserting a semicolon; (B) in clause (iii)(II), by striking the period and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iv) the Privacy and Civil Liberties Oversight Board.''; and (3) in paragraph (3)(C)-- (A) in clause (iii), by striking ``; and'' and inserting a semicolon; (B) in clause (iv)(II), by striking the period and inserting ``; and''; and (C) by adding at the end the following new clause: ``(v) the Privacy and Civil Liberties Oversight Board.''. (j) Oversight of Procedures for Targeting Certain Persons Outside the United States Other Than United States Persons.--Section 707(a) (50 U.S.C. 1881f(a)) is amended-- (1) in the heading, by striking ``congressional''; and (2) by inserting ``and the Privacy and Civil Liberties Oversight Board'' before ``concerning the implementation of this title''.
Privacy and Civil Liberties Oversight Enhancement Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to include the Privacy and Civil Liberties Oversight Board as a recipient of: (1) FISA court procedural rule changes, decisions, and pleadings; (2) the Attorney General's (DOJ) annual report to the Administrative Office of the U.S. Court regarding applications and orders for electronic surveillance; (3) the Attorney General's reports to Congress concerning electronic surveillance, physical searches, pen registers and trap and trace devices, production of tangible things (commonly referred to as business records), the number of persons targeted by the government under FISA authorities, and procedures for targeting persons; (4) reports by the Attorney General and the Director of National Intelligence (DNI) assessing compliance with minimization procedures for targeting persons reasonably believed to be located outside the United States other than U.S. persons, including reviews of the number of targets who were later determined to be located in the United States; and (5) annual reports of each element of the intelligence community authorized to acquire targeted foreign intelligence information.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Down Payment to Protect National Security Act of 2011''. SEC. 2. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES. (a) Definition.--In this section, the term ``agency'' means an executive agency as defined under section 105 of title 5, United States Code. (b) Determination of Number of Employees.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall determine the number of full-time employees employed in each agency. The head of each agency shall cooperate with the Director of the Office of Management and Budget in making the determinations. (c) Replacement Hire Rate.-- (1) In general.--During the period described under paragraph (2), the head of each agency may hire no more than 1 employee in that agency for every 3 employees who leave employment in that agency. (2) Period of replacement hire rate.--Paragraph (1) shall apply to each agency during the period beginning 60 days after the date of enactment of this Act through the date on which the Director of the Office of Management and Budget makes a determination that the number of full-time employees employed in that agency is 10 percent less than the number of full-time employees employed in that agency determined under subsection (a). (d) Waivers.--This section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national security concern so requires; or (2) the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. SEC. 3. REDUCTION OF DISCRETIONARY SPENDING LIMITS TO ACHIEVE SAVINGS FROM FEDERAL EMPLOYEE PROVISIONS. Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(c) Discretionary Spending Limit.--As used in this part, the term `discretionary spending limit' means-- ``(1) with respect to fiscal year 2012-- ``(A) for the security category, $684,000,000,000 in new budget authority; and ``(B) for the nonsecurity category, $359,000,000,000 in new budget authority; ``(2) with respect to fiscal year 2013-- ``(A) for the security category, $686,000,000,000 in new budget authority; and ``(B) for the nonsecurity category, $361,000,000,000 in new budget authority; ``(3) with respect to fiscal year 2014, for the discretionary category, $1,051,000,000,000 in new budget authority; ``(4) with respect to fiscal year 2015, for the discretionary category, $1,070,000,000,000 in new budget authority; ``(5) with respect to fiscal year 2016, for the discretionary category, $1,091,000,000,000 in new budget authority; ``(6) with respect to fiscal year 2017, for the discretionary category, $1,115,000,000,000 in new budget authority; ``(7) with respect to fiscal year 2018, for the discretionary category, $1,141,000,000,000 in new budget authority; ``(8) with respect to fiscal year 2019, for the discretionary category, $1,166,000,000,000 in new budget authority; ``(9) with respect to fiscal year 2020, for the discretionary category, $1,192,000,000,000 in new budget authority; and ``(10) with respect to fiscal year 2021, for the discretionary category, $1,217,000,000,000 in new budget authority; as adjusted in strict conformance with subsection (b).''. SEC. 4. REDUCTION OF REVISED DISCRETIONARY SPENDING LIMITS TO ACHIEVE SAVINGS FROM FEDERAL EMPLOYEE PROVISIONS. Paragraph (2) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(2) Revised discretionary spending limits.--The discretionary spending limits for fiscal years 2013 through 2021 under section 251(c) shall be replaced with the following: ``(A) For fiscal year 2013-- ``(i) for the security category, $546,000,000,000 in budget authority; and ``(ii) for the nonsecurity category, $501,000,000,000 in budget authority. ``(B) For fiscal year 2014-- ``(i) for the security category, $551,000,000,000 in budget authority; and ``(ii) for the nonsecurity category, $500,000,000,000 in budget authority. ``(C) For fiscal year 2015-- ``(i) for the security category, $560,000,000,000 in budget authority; and ``(ii) for the nonsecurity category, $510,000,000,000 in budget authority. ``(D) For fiscal year 2016-- ``(i) for the security category, $571,000,000,000 in budget authority; and ``(ii) for the nonsecurity category, $520,000,000,000 in budget authority. ``(E) For fiscal year 2017-- ``(i) for the security category, $584,000,000,000 in budget authority; and ``(ii) for the nonsecurity category, $531,000,000,000 in budget authority. ``(F) For fiscal year 2018-- ``(i) for the security category, $598,000,000,000 in budget authority; and ``(ii) for the nonsecurity category, $543,000,000,000 in budget authority. ``(G) For fiscal year 2019-- ``(i) for the security category, $610,000,000,000 in budget authority; and ``(ii) for the nonsecurity category, $556,000,000,000 in budget authority. ``(H) For fiscal year 2020-- ``(i) for the security category, $624,000,000,000 in budget authority; and ``(ii) for the nonsecurity category, $568,000,000,000 in budget authority. ``(I) For fiscal year 2021-- ``(i) for the security category, $638,000,000,000 in budget authority; and ``(ii) for the nonsecurity category, $579,000,000,000 in budget authority.''. SEC. 5. CALCULATION OF TOTAL DEFICIT REDUCTION. Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in paragraph (3)(A), by striking ``$1,200,000,000,000'' and inserting ``$1,073,000,000,000''; (2) in paragraph (4), by striking ``On January 2, 2013, for fiscal year 2013, and in'' and inserting ``In''; (3) in paragraphs (5) and (6), by striking ``2013'' each place it appears and inserting ``2014''; and (4) in paragraph (7), by striking subparagraph (A) and by striking ``(B) Fiscal years 2014-2021.--'', moving the remaining text 2 ems to the left, and redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively.
Down Payment to Protect National Security Act of 2011 - Requires the Director of the Office of Management and Budget (OMB) to determine the number of full-time employees employed in each federal agency. Prohibits a federal agency head from hiring more than 1 employee for every 3 full-time employees who leave employment in such agency until the OMB Director makes a determination that the number of full-time federal employees is 10% less than the initial level as determined by OMB.  Allows a waiver of such workforce limitation by the President for national security reasons or in the case of an extraordinary emergency. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), as amended by the Budget Control Act of 2011, to offset mandatory sequestration in security and nonsecurity categories in FY2013 with revenues resulting from reductions in the federal workforce under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Servant Retirement Protection Act of 2005''. SEC. 2. REPEAL OF CURRENT WINDFALL ELIMINATION PROVISION. Paragraph (7) of section 215(a) of the Social Security Act (42 U.S.C. 415(a)(7)) is repealed. SEC. 3. REPLACEMENT OF THE WINDFALL ELIMINATION PROVISION WITH A FORMULA EQUALIZING BENEFITS FOR CERTAIN INDIVIDUALS WITH NON-COVERED EMPLOYMENT. (a) Substitution of Proportional Formula for Formula Based on Covered Portion of Periodic Benefit.-- (1) In general.--Section 215(a) of the Social Security Act (as amended by section 2 of this Act) is amended further by inserting after paragraph (6) the following new paragraph: ``(7)(A) In the case of an individual whose primary insurance amount would be computed under paragraph (1) of this subsection, who-- ``(i) attains age 62 after 1985 (except where he or she became entitled to a disability insurance benefit before 1986 and remained so entitled in any of the 12 months immediately preceding his or her attainment of age 62), or ``(ii) would attain age 62 after 1985 and becomes eligible for a disability insurance benefit after 1985, and who first becomes eligible after 1985 for a monthly periodic payment (including a payment determined under subparagraph (E), but excluding (I) a payment under the Railroad Retirement Act of 1974 or 1937, (II) a payment by a social security system of a foreign country based on an agreement concluded between the United States and such foreign country pursuant to section 233, and (III) a payment based wholly on service as a member of a uniformed service (as defined in section 210(m)) which is based in whole or in part upon his or her earnings for service which did not constitute `employment' as defined in section 210 for purposes of this title (hereafter in this paragraph and in subsection (d)(3) referred to as `noncovered service'), the primary insurance amount of that individual during his or her concurrent entitlement to such monthly periodic payment and to old-age or disability insurance benefits shall be computed or recomputed under this paragraph. ``(B) The primary insurance amount of an individual described in subparagraph (A), as computed or recomputed under this paragraph, shall be-- ``(i) in the case of an individual who first performs noncovered service after the 12th calendar month following the date of the enactment of the Public Servant Retirement Protection Act of 2005, the primary insurance amount determined under subparagraph (C), or ``(ii) in the case of an individual who has performed noncovered service during or before the 12th calendar month following the date of the enactment of the Public Servant Retirement Protection Act of 2005, the larger of-- ``(I) the primary insurance amount determined under subparagraph (C), or ``(II) the primary insurance amount determined under subparagraph (E). ``(C) An individual's primary insurance amount determined under this subparagraph shall be the product derived by multiplying-- ``(i) the individual's primary insurance amount, as determined under paragraph (1) of this subsection and subparagraph (D)(i) of this paragraph, by ``(ii) a fraction-- ``(I) the numerator of which is the individual's average indexed monthly earnings (determined without regard to subparagraph (D)(i)), and ``(II) the denominator of which is an amount equal to the individual's average indexed monthly earnings (as determined under subparagraph (D)(i)), rounded, if not a multiple of $0.10, to the next lower multiple of $0.10. ``(D)(i) For purposes of determining an individual's primary insurance amount pursuant to subparagraph (C)(i), the individual's average indexed monthly earnings shall be determined by treating all service performed after 1950 on which the individual's monthly periodic payment referred to in subparagraph (A) is based (other than noncovered service as a member of a uniformed service (as defined in section 210(m))) as `employment' as defined in section 210 for purposes of this title (together with all other service performed by such individual consisting of `employment' as so defined). ``(ii) For purposes of determining average indexed monthly earnings as described in clause (i), the Commissioner of Social Security shall provide by regulation for a method for determining the amount of wages derived from service performed after 1950 on which the individual's periodic benefit is based and which is to be treated as `employment' solely for purposes of clause (i). Such method shall provide for reliance on employment records which are provided to the Commissioner and which, as determined by the Commissioner, constitute a reasonable basis for treatment of service as `employment' for such purposes, together with such other information received by the Commissioner (including such documentary evidence of earnings derived from noncovered service as may be provided to the Commissioner by the individual) as the Commissioner may consider appropriate as a reasonable basis for treatment of service as `employment' for such purposes. The Commissioner shall enter into such arrangements as are necessary and appropriate with the Department of the Treasury, the Department of Labor, other Federal agencies, and agencies of States and political subdivisions thereof so as to secure satisfactory evidence of earnings for noncovered service described in subparagraph (A) for purposes of this clause and clauses (iii) and (iv). The Secretary of the Treasury, the Secretary of Labor, and the heads of all other Federal agencies are authorized and directed to cooperate with the Commissioner and, to the extent permitted by law, to provide such employment records and other information as the Commissioner may request for their assistance in the performance of the Commissioner's functions under this clause and clauses (iii) and (iv). ``(iii) In any case in which satisfactory evidence of earnings for noncovered service which was performed by an individual during any year or portion of a year after 1977 is not otherwise available, the Commissioner may, for purposes of clause (ii), accept as satisfactory evidence of such individual's earnings for such noncovered service during such year or portion of a year reasonable extrapolations from available information with respect to earnings for noncovered service of such individual for periods immediately preceding and following such year or portion of a year. ``(iv) In any case in which satisfactory evidence of earnings for noncovered service which was performed by an individual during any period before 1978 is not otherwise available, the Commissioner may, for purposes of clause (ii), accept as satisfactory evidence of such individual's earnings for such noncovered service during such period -- ``(I) the individual's written attestation of such earnings, if such attestation is corroborated by at least 1 other individual who is knowledgeable of the relevant facts, or ``(II) available information regarding the average earnings for noncovered service for the same period for individuals in similar positions in the same profession in the same State or political subdivision thereof, or, in any case in which such information is not available for such period, reasonable extrapolations of average earnings for noncovered service for such individuals from periods immediately preceding and following such period. ``(v) In any case described in subparagraph (B)(i), if the requirements of clause (ii) of this subparagraph are not met (after applying clauses (iii) and (iv)), the primary insurance amount of the individual shall be, notwithstanding subparagraph (B)(i), the primary insurance amount computed under subparagraph (E). ``(E)(i) For purposes of determining the primary insurance amount under this subparagraph-- ``(I) there shall first be computed an amount equal to the individual's primary insurance amount under paragraph (1) of this subsection, except that for purposes of such computation the percentage of the individual's average indexed monthly earnings established by subparagraph (A)(i) of paragraph (1) shall be the percent specified in clause (ii), and ``(II) there shall then be computed (without regard to this paragraph) a second amount, which shall be equal to the individual's primary insurance amount under paragraph (1) of this subsection, except that such second amount shall be reduced by an amount equal to one-half of the portion of the monthly periodic payment which is attributable to noncovered service performed after 1956 (with such attribution being based on the proportionate number of years of such noncovered service) and to which the individual is entitled (or is deemed to be entitled) for the initial month of his or her concurrent entitlement to such monthly periodic payment and old-age or disability insurance benefits. An individual's primary insurance amount determined under this subparagraph shall be the larger of the two amounts computed under this clause (before the application of subsection (i)). ``(ii) For purposes of clause (i), the percent specified in this clause is-- ``(I) 80.0 percent with respect to individuals who become eligible (as defined in paragraph (3)(B)) for old-age insurance benefits (or became eligible as so defined for disability insurance benefits before attaining age 62) in 1986; ``(II) 70.0 percent with respect to individuals who so become eligible in 1987; ``(III) 60.0 percent with respect to individuals who so become eligible in 1988; ``(IV) 50.0 percent with respect to individuals who so become eligible in 1989; and ``(V) 40.0 percent with respect to individuals who so become eligible in 1990 or thereafter. ``(F)(i) Any periodic payment which otherwise meets the requirements of subparagraph (A), but which is paid on other than a monthly basis, shall be allocated on a basis equivalent to a monthly payment (as determined by the Commissioner of Social Security), and such equivalent monthly payment shall constitute a monthly periodic payment for purposes of this paragraph. ``(ii) In the case of an individual who has elected to receive a periodic payment that has been reduced so as to provide a survivor's benefit to any other individual, the payment shall be deemed to be increased (for purposes of any computation under this paragraph or subsection (d)(3) by the amount of such reduction. ``(iii) For purposes of this paragraph, the term `periodic payment' includes a payment payable in a lump sum if it is a commutation of, or a substitute for, periodic payments. ``(G)(i) This paragraph shall not apply in the case of an individual who has 30 years or more of coverage. In the case of an individual who has more than 20 years of coverage but less than 30 years of coverage (as so defined), the percent specified in the applicable subdivision of subparagraph (E)(ii) shall (if such percent is smaller than the applicable percent specified in the following table) be deemed to be the applicable percent specified in the following table: ``If the number of such The applicable percent is: individual's years of coverage (as so defined) is: 29..................................................... 85 28..................................................... 80 27..................................................... 75 26..................................................... 70 25..................................................... 65 24..................................................... 60 23..................................................... 55 22..................................................... 50 21..................................................... 45 ``(ii) For purposes of clause (i), the term `year of coverage' shall have the meaning provided in paragraph (1)(C)(ii), except that the reference to `15 percent' therein shall be deemed to be a reference to `25 percent'. ``(H) An individual's primary insurance amount determined under this paragraph shall be deemed to be computed under paragraph (1) of this subsection for the purpose of applying other provisions of this title. ``(I) This paragraph shall not apply in the case of an individual whose eligibility for old-age or disability insurance benefits is based on an agreement concluded pursuant to section 233 or an individual who on January 1, 1984-- ``(i) is an employee performing service to which social security coverage is extended on that date solely by reason of the amendments made by section 101 of the Social Security Amendments of 1983; or ``(ii) is an employee of a nonprofit organization which (on December 31, 1983) did not have in effect a waiver certificate under section 3121(k) of the Internal Revenue Code of 1954 and to the employees of which social security coverage is extended on that date solely by reason of the amendments made by section 102 of that Act, unless social security coverage had previously extended to service performed by such individual as an employee of that organization under a waiver certificate which was subsequently (prior to December 31, 1983) terminated.''. (2) Conforming amendments.-- (A) Section 215(d)(3) of such Act (42 U.S.C. 415(d)(3)) is amended-- (i) by striking ``subsection (a)(7)(C)'' each place it appears and inserting ``subsection (a)(7)(F)''; (ii) by striking ``subparagraph (E)'' and inserting ``subparagraph (I)''; and (iii) by striking ``subparagraph (D)'' and inserting ``subparagraph (G)(i)''. (B) Section 215(f)(9)(A) of such Act (42 U.S.C. 415(f)(9)(A)) is amended by striking ``(a)(7)(C)'' and inserting ``(a)(7)(F)''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to monthly insurance benefits for months commencing with or after the 12th calendar month following the date of the enactment of this Act. Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts to the extent necessary to carry out the amendments made by this Act.
Public Servant Retirement Protection Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to repeal the current windfall elimination provision (WEP) (that reduces the Social Security benefits of workers who also have pension benefits from employment not covered by Social Security) for individuals first performing non-covered service beginning one year after enactment of this Act. Establishes a new formula for the treatment of non-covered earnings in determining Social Security benefits. Applies such formula to individuals subject to the current WEP if the benefit under the new formula would be higher.
{"src": "billsum_train", "title": "To amend title II of the Social Security Act to repeal the windfall elimination provision and protect the retirement of public servants."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom Trade Act''. SEC. 2. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT FROM PRODUCTS OF FOREIGN COUNTRIES THAT DO NOT MAINTAIN ACCEPTABLE STANDARDS OF RELIGIOUS FREEDOM AND WORKER RIGHTS. Title IV of the Trade Act of 1974 is amended by adding at the end the following: ``CHAPTER 3--ADDITIONAL RESTRICTIONS ON TRADE RELATIONS WITH FOREIGN COUNTRIES ``SEC. 441. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT. ``Effective on and after the end of the 6-month period beginning on the date of the enactment of this chapter, and subject to the other provisions of this chapter-- ``(1) normal trade relations treatment shall not apply to the products of a foreign country with respect to which a certification described in section 442 is not in effect; and ``(2) the column 2 rate of duty in the Harmonized Tariff Schedule of the United States shall apply to the products of such a foreign country. ``SEC. 442. CERTIFICATION. ``(a) Initial Certification.--A certification described in section 441 is a certification that meets the following requirements: ``(1) The United States Commission on International Religious Freedom and the Secretary of State certify to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the foreign country is not engaging in violations of religious freedom, as defined in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402). ``(2) The Secretary of State and the Secretary of Labor certify to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the foreign country is not restricting the freedom of workers to associate and the right of workers to organize and bargain collectively. ``(3) The Secretary of State and the Secretary of Labor certify to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the foreign country does not prohibit or limit the functioning of free and independent labor unions. ``(b) Recertifications.--Not later than 12 months after the date on which an initial certification is made under subsection (a) with respect to a foreign country and every 12 months thereafter-- ``(1) the United States Commission on International Religious Freedom, the Secretary of State, and the Secretary of Labor (as the case may be) shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a recertification that the conditions described in subsection (a) are continuing to be met with respect to the foreign country; or ``(2) if the United States Commission on International Religious Freedom, the Secretary of State, and the Secretary of Labor (as the case may be) is unable to make such a recertification with respect to the foreign country, the United States Commission on International Religious Freedom, the Secretary of State, and the Secretary of Labor shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains the reasons therefor. ``(c) Definitions.--For purposes of this section-- ``(1) the right of workers to organize includes the right-- ``(A) to establish and join organizations of workers of their own choosing without previous authorization, to write the constitutions and rules to govern those organizations, to elect or select the leadership of those organizations, and to determine the agendas and programs of those organizations; ``(B) to join confederations of organizations of workers, and affiliate with international organizations of workers; and ``(C) to be protected against dissolution or suspension of such organizations, confederations, or affiliations by any governmental authority; and ``(2)(A) the term `free and independent labor union' means a labor union that operates independently of any governmental authority or ruling party, is not required to join or be affiliated with a specific political party, and is allowed to strike (subject to an exception for employees providing essential services and a temporary exception during instances of acute national emergency); ``(B) the term `acute national emergency' means a crisis in which the normal conditions for the functioning of society are absent, such as in the case of a serious conflict, insurrection, or natural disaster; and ``(C) the term `essential services' means those services that, if interrupted, would endanger the life, personal safety, or health of the whole or part of the population. ``SEC. 443. RELATIONSHIP TO OTHER LAW. ``The prohibitions in section 441 apply to a foreign country in addition to any other provision of law that otherwise operates as a prohibition or limitation on trade relations with the foreign country.''.
Freedom Trade Act - Amends the Trade Act of 1974 to deny nondiscriminatory treatment (normal trade relations treatment) from the products of a foreign country that: (1) engages in violations of religious freedom, (2) restricts the freedom of workers to associate and to organize and bargain collectively, or (3) prohibits or limits the functioning of free and independent labor unions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Birth Control Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Family planning is basic health care for women. Access to contraception helps women prevent unintended pregnancy and control the timing and spacing of planned births. (2) Although the Centers for Disease Control and Prevention included family planning in its published list of the Ten Great Public Health Achievements in the 20th Century, the United States still has one of the highest rates of unintended pregnancies among industrialized nations. (3) Each year, 3,000,000 pregnancies, nearly half of all pregnancies, in the United States are unintended, and nearly half of unintended pregnancies end in abortion. (4) Women rely on prescription contraceptives for a range of medical purposes in addition to birth control, such as regulation of cycles and endometriosis. (5) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to emergency contraception for individuals aged 17 and older. (6) If taken soon after unprotected sex or primary contraceptive failure, emergency contraception can significantly reduce a woman's chance of unintended pregnancy. (7) Emergency contraception works like other hormonal birth control by preventing pregnancy. It also does not harm or terminate an already-established pregnancy. (8) Access to legal contraception is a protected fundamental right in the United States and should not be impeded by one individual's personal beliefs. (9) Reports of pharmacists refusing to fill prescriptions for contraceptives, including emergency contraceptives, have surfaced in States across the Nation, including Alabama, Arizona, California, the District of Columbia, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Washington, West Virginia, and Wisconsin. Since emergency contraception became available without a prescription for certain individuals, refusals to provide non-prescription emergency contraception have also been reported. SEC. 3. DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED CONTRACEPTION. 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. DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED CONTRACEPTION. ``(a) In General.--Subject to subsection (c), a pharmacy that receives Food and Drug Administration-approved drugs or devices in interstate commerce shall maintain compliance with the following: ``(1) If a customer requests a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive is provided to the customer without delay. ``(2) If a customer requests a contraceptive that is not in stock and the pharmacy in the normal course of business stocks contraception, the pharmacy shall immediately inform the customer that the contraceptive is not in stock and without delay offer the customer the following options: ``(A) If the customer prefers to obtain the contraceptive through a referral or transfer, the pharmacy shall-- ``(i) locate a pharmacy of the customer's choice or the closest pharmacy confirmed to have the contraceptive in stock; and ``(ii) refer the customer or transfer the prescription to that pharmacy. ``(B) If the customer prefers for the pharmacy to order the contraceptive, the pharmacy shall obtain the contraceptive under the pharmacy's standard procedure for expedited ordering of medication and notify the customer when the contraceptive arrives. ``(3) The pharmacy shall ensure that its employees do not-- ``(A) intimidate, threaten, or harass customers in the delivery of services relating to a request for contraception; ``(B) interfere with or obstruct the delivery of services relating to a request for contraception; ``(C) intentionally misrepresent or deceive customers about the availability of contraception or its mechanism of action; ``(D) breach medical confidentiality with respect to a request for contraception or threaten to breach such confidentiality; or ``(E) refuse to return a valid, lawful prescription for contraception upon customer request. ``(b) Contraceptives Not Ordinarily Stocked.--Nothing in subsection (a)(2) shall be construed to require any pharmacy to comply with such subsection if the pharmacy does not ordinarily stock contraceptives in the normal course of business. ``(c) Refusals Pursuant to Standard Pharmacy Practice.--This section does not prohibit a pharmacy from refusing to provide a contraceptive to a customer in accordance with any of the following: ``(1) If it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented. ``(2) If the customer is unable to pay for the contraceptive. ``(3) If the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. ``(d) Rule of Construction.--Nothing in this section shall be construed to invalidate or limit rights, remedies, procedures, or legal standards under title VII of the Civil Rights Act of 1964. ``(e) Preemption.--This section does not preempt any provision of State law or any professional obligation made applicable by a State board or other entity responsible for licensing or discipline of pharmacies or pharmacists, to the extent that such State law or professional obligation provides protections for customers that are greater than the protections provided by this section. ``(f) Enforcement.-- ``(1) Civil penalty.--A pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $1,000 per day of violation, not to exceed $100,000 for all violations adjudicated in a single proceeding. ``(2) Private cause of action.--Any person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney's fee and cost. ``(3) Limitations.--A civil action under paragraph (1) or (2) may not be commenced against a pharmacy after the expiration of the 5-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved. ``(g) Definitions.--In this section: ``(1) The term `contraception' or `contraceptive' means any drug or device approved by the Food and Drug Administration to prevent pregnancy. ``(2) The term `employee' means a person hired, by contract or any other form of an agreement, by a pharmacy. ``(3) The term `pharmacy' means an entity that-- ``(A) is authorized by a State to engage in the business of selling prescription drugs at retail; and ``(B) employs one or more employees. ``(4) The term `product' means a Food and Drug Administration-approved drug or device. ``(5) The term `professional clinical judgment' means the use of professional knowledge and skills to form a clinical judgment, in accordance with prevailing medical standards. ``(6) The term `without delay', with respect to a pharmacy providing, providing a referral for, or ordering contraception, or transferring the prescription for contraception, means within the usual and customary timeframe at the pharmacy for providing, providing a referral for, or ordering other products, or transferring the prescription for other products, respectively. ``(h) Effective Date.--This section shall take effect on the 31st day after the date of the enactment of this section, without regard to whether the Secretary has issued any guidance or final rule regarding this section.''.
Access to Birth Control Act - Amends the Public Health Service Act to require pharmacies to comply with certain rules related to contraceptives, including: (1) providing a customer a contraceptive without delay if it is in stock; (2) immediately informing a customer if the contraceptive is not in stock and either transferring the prescription to a pharmacy that has the contraceptive in stock or expediting the ordering of the contraceptive and notifying the customer when it arrives, based on customer preference, except for pharmacies that do not ordinarily stock contraceptives in the normal course of business; and (3) ensuring that pharmacy employees do not take certain actions relating to a request for contraception, including intimidating, threatening, or harassing customers, interfering with or obstructing the delivery of services, intentionally misrepresenting or deceiving customers about the availability of contraception or its mechanism of action, breaching or threatening to breach medical confidentiality, or refusing to return a valid, lawful prescription. Provides that a pharmacy is not prohibited from refusing to provide a contraceptive to a customer if: (1) it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented; (2) the customer is unable to pay for the contraceptive; or (3) the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. Provides that this Act does not preempt state law or any professional obligation of a state board that provides greater protections for customers. Sets forth civil penalties and establishes a a private cause of action for violations of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Charitable Giving Partnership Act''. SEC. 2. ELIGIBLE ACTIVITIES. Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended-- (1) in paragraph (23), by striking the period at the end and inserting a semicolon; and (2) by inserting after paragraph (23) the following new paragraph: ``(24) to the extent only that amounts for a State are available under section 106(d)(8) for use under this paragraph, payment to the State to supplant general revenue losses incurred by the State under a State law that provides, in the case of an individual, for a credit against State income tax imposed for contributions made in cash by individuals to any organization-- ``(A) that is described in section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) that is exempt from tax under section 501(a) of the Internal Revenue Code of 1986; ``(C) that is organized under the laws of the United States or of any State in which the organization is qualified to operate; ``(D) that is required, or elects to be treated as being required, to file returns under section 6033 of the Internal Revenue Code of 1986; ``(E) whose predominant activity is-- ``(i) the provision of direct services to individuals whose annual incomes generally do not exceed 185 percent of the official poverty line (as defined by the Office of Management and Budget); or ``(ii) the provision of-- ``(I) temporary donations of food or meals, or ``(II) temporary shelter to homeless individuals, if the location and operation of such services are such that the service provider may reasonably conclude that the beneficiaries of such services are predominantly individuals described in clause (i); ``(F) for which not more than a total of 25 percent of the annual aggregate expenditures of the organization are administrative expenditures in support of direct services referred to in subparagraph (E) or expenditures for purposes of fundraising on behalf of the organization providing direct services referred to in subparagraph (E); and ``(G) that does not engage in litigation on behalf of any individual referred to in subparagraph (E), voter registration, or political organizing; and''. SEC. 3. USE OF STATE AMOUNTS FOR NONENTITLEMENT AREAS. Section 106(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``Amounts allocated under paragraph (1)'' and inserting the following: ``Any amounts allocated under paragraph (1) for a State that remain after amounts are made available for use under paragraph (8)''; and (ii) in clause (i), by striking ``a State that'' and inserting ``the State, if the State''; (B) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) If a State has not elected to distribute the amounts allocated under paragraph (1) for the State that remain after amounts are made available for use under paragraph (8), the Secretary shall distribute such amounts.''; and (C) in subparagraphs (C) and (D), by striking ``under paragraph (1)'' each place it appears and inserting the following: ``for the State under paragraph (1) that remain after amounts are made available for use under paragraph (8)''; (2) in paragraph (5) (as added by section 811 of the Housing and Community Development Act of 1992 (Public Law 102- 550; 106 Stat. 3850)), by striking ``distribution in nonentitlement areas'' and inserting ``use under this subsection''; (3) by redesignating the second paragraph designated as paragraph (5) (as added by section 106(i) of the Housing and Urban-Rural Recovery Act of 1983 (97 Stat. 1166)) and paragraph (6) as paragraphs (6) and (7), respectively; and (4) by adding at the end the following new paragraph: ``(8) Of any amounts allocated under paragraph (1) for a State for any fiscal year, the State may use not more than 20 percent of such amounts for the activity under section 105(a)(24), and the remainder of the amounts shall be distributed in accordance with this subsection. In the case of a State described in paragraph (2)(B), the Secretary shall make such amounts available to the State upon a determination that the use of such amounts complies with the requirements under section 105(a)(24) and this title.''. SEC. 4. STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES. Section 104(a)(1) is amended by adding at the end the following new sentence: ``In the case of any State receiving amounts pursuant to section 106(d)(8), the statement of projected uses of funds shall include a statement of the proposed eligible activity under section 105(a)(24) for which the amounts will be used and the percentage of the allocation for the State under section 106(d)(1) to be used for such activity.''.
Charitable Giving Partnership Act - Amends the Housing and Community Development Act of 1974 to authorize States to use community development block grants provided for nonentitlement areas to offset the costs of State charity tax credits.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``G.I. Advanced Education in Science and Technology Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States is starting to lose dominance in science and technology. (2) Increasingly the mothers and fathers of scientific and technological invention are not American, and the number of new doctorates in the sciences, and the number of doctoral students from other countries staying in the United States, are on the decline. (3) This decline has serious implications for jobs, industry, and national security in the United States. (4) Shortages in the science and technology base of the United States will be addressed, in part, by creating a scientific and technology doctoral study program in math, science, engineering, and technology for veterans. SEC. 3. STIPENDS FOR PURSUIT OF DOCTORAL DEGREES IN SCIENCE AND TECHNOLOGY. (a) In General.--Chapter 30 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--STIPENDS FOR VETERANS PURSUING DOCTORAL DEGREES IN SCIENCE OR TECHNOLOGY ``Sec. 3041. Stipend for pursuit of certain doctoral degrees ``(a) In General.--Subject to the availability of appropriations for such purpose, the Secretary shall pay a monthly stipend to each eligible doctoral candidate under this subchapter for each month that the candidate is pursuing full-time a doctoral degree in the physical or natural sciences, engineering, mathematics, or other scientific or technology disciplines. ``(b) Eligible Doctoral Candidates Defined.--In this subchapter, the term `eligible doctoral candidate' means an individual who meets the following requirements: ``(1) The individual meets the requirements that apply under section 3011 for entitlement to basic educational assistance under subchapter II of this title, other than requirement under subsection (c) of such section 3011 (relating to reductions in basic pay). ``(2) The individual is pursuing full-time a doctoral degree in the physical or natural sciences, engineering, mathematics, or other scientific or technology disciplines, after having completed a bachelor's degree program in any academic discipline at an institution of higher education. ``(c) Relation to Basic Montgomery GI Bill Educational Assistance.--Payment of educational assistance under this subchapter is in addition to payment of educational assistance under subchapter II or III of this chapter. ``Sec. 3042. Duration of payments ``Payments of stipends under section 3041 of this title to an eligible doctoral candidate may be made for a period not to exceed a total of 60 months. ``Sec. 3043. Amount of stipend ``(a) In General.--Subject to subsection (b), the Secretary shall pay to an eligible doctoral candidate pursuing a course at an institution of higher learning leading to a doctoral degree referred to in section 3041(a) of this title at the monthly rate of $1,200. ``(b) Adjustment for Inflation.--With respect to any fiscal year beginning after fiscal year 2005, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rate payable under subsection (a) equal to the percentage by which-- ``(1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds ``(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1). ``(c) Disregard of Stipend Amount in Determination of Assistance From Institution of Higher Learning.--Notwithstanding any other provision of law, an institution of higher learning may not take into account payments made to an eligible doctoral candidate under section 3041 of this title in determining the amount of financial assistance (such as stipends and tuition remittance) the institution would otherwise provide to the eligible doctoral candidate. ``Sec. 3044. Requirements ``Payments of stipends under section 3041 of this title to an eligible doctoral candidate may be made only insofar as the eligible doctoral candidate-- ``(1) has been accepted into an accredited doctoral program at an institution of higher learning; ``(2) provides annual documentation to the Secretary of full-time matriculation in the doctoral program; and ``(3) maintains good academic standing. ``Sec. 3045. Time limitation for payment of stipends ``The period during which the Secretary may make payments of stipends under section 3041 of this title to an eligible doctoral candidate under this subchapter expires at the end of the 10-year period beginning on the date on which the eligible doctoral candidate first begins pursuing full-time such doctoral degree. ``Sec. 3046. Annual authorization of appropriations ``There are authorized to be appropriated to the Secretary to carry out this subchapter for each fiscal year, beginning with fiscal year 2005, $14,900,000.''. (b) Conforming Amendments.--(1) Section 3011 of such title is amended in subsection (f)(1) and (g) by striking ``chapter'' each place it appears and inserting ``subchapter''. (2) Section 3018A(a) of such title is amended by striking ``education assistance under this chapter'' and inserting ``educational assistance under this subchapter''. (3) Section 3018B of such title is amended by striking ``education assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (4) Section 3018C of such title is amended by striking ``educational assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (5) Section 3019 of such title is amended by striking ``chapter'' each place it appears and inserting ``subchapter''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of title 38, United States Code, is amended by adding at the end the following new items: ``subchapter v--stipends for veterans pursuing doctoral degrees in science or technology ``3041. Stipend for pursuit of certain doctoral degrees. ``3042. Duration of payments. ``3043. Amount of stipend. ``3044. Requirements. ``3045. Time limitation for payment of stipends. ``3046. Annual authorization of appropriations.''.
G.I. Advanced Education in Science and Technology Act - Directs the Secretary of Veterans Affairs to pay a monthly stipend to each individual who is entitled to veterans' basic educational assistance and is pursuing full-time a doctoral degree in the physical or natural sciences, engineering, mathematics, or other scientific or technology disciplines. Allows such payment in addition to any other authorized Montgomery GI Bill educational assistance. Makes such payment $1,200 a month (adjusted for inflation for fiscal years after 2005) for up to 60 months. Requires that such payments be disregarded by an institution of higher learning when determining any financial assistance that may be available to such doctoral candidate.
{"src": "billsum_train", "title": "To amend title 38, United States Code, to provide for the payment of stipends to veterans who pursue doctoral degrees in science or technology."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Part D Outreach and Enrollment Enhancement Act of 2007''. SEC. 2. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN INCOME-RELATED SUBSIDY. (a) Special Enrollment Period.--Section 1860D-1(b)(3) of the Social Security Act (42 U.S.C. 1395w-101(b)(3)) is amended by adding at the end the following new subparagraph: ``(F) Eligibility for low-income subsidy.-- ``(i) In general.--Subject to clause (iii), in the case of an applicable individual (as defined in clause (ii)). ``(ii) Applicable individual defined.--For purposes of this subparagraph, the term `applicable individual' means a part D eligible individual who is determined to be a subsidy- eligible individual (as defined in section 1860D-14(a)(3)), including such an individual who was enrolled in a prescription drug plan or an MA-PD plan on the date of such determination. ``(iii) Timing of special enrollment period.--The special enrollment period established under this subparagraph shall be for a 90-day period beginning on the date the applicable individual receives notification of such determination.''. (b) Enrollment Process for Subsidy-Eligible Individuals Eligible for Special Enrollment Period.--Section 1860D-1(b)(1) is amended by adding at the end the following new subparagraph: ``(D) Special rule for subsidy-eligible individuals eligible for special enrollment period.--The process established under subparagraph (A) shall include, in the case of an applicable individual (as defined in clause (ii) of paragraph (3)(F)) the following: ``(i) Facilitated enrollment.--During the 90-day period described in clause (iii) of such paragraph, a process for the facilitated enrollment of the individual in the prescription drug plan or MA-PD plan that is most appropriate for such individual (as determined by the Secretary). At the end of such 90-day period, the individual shall be enrolled in such plan unless the individual declines enrollment in the plan or in the program under this part, or chooses to enroll in another plan selected by the individual prior to the end of such 90-day period. ``(ii) One-time change of enrollment.--The opportunity to change enrollment with a prescription drug plan or an MA-PD plan not less than once during a plan year. Nothing in the previous sentence shall limit the ability of a part D eligible individual who is a full- benefit dual eligible individual (as defined in section 1935(c)(6)) to change enrollment under subparagraph (C)''. (c) Waiver of Late Enrollment Penalty.--Section 1860D-13(b) of the Social Security Act (42 U.S.C. 1395w-113(b)) is amended by adding at the end the following new paragraph: ``(8) Waiver of penalty for subsidy-eligible individuals.-- In no case shall a part D eligible individual who is determined to be a subsidy-eligible individual (as defined in section 1860D-14(a)(3)) be subject to an increase in the monthly beneficiary premium established under subsection (a).''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2008. SEC. 3. OUTREACH AND EDUCATION FOR PREMIUM AND COST-SHARING SUBSIDIES UNDER PART D. (a) Additional Funding for Outreach and Assistance.-- (1) State health insurance assistance programs.--There are authorized to be appropriated for each of fiscal years 2008, 2009, 2010, and 2011, an amount equal to $1 multiplied by the total number of individuals entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act, or enrolled under part B of such title during the fiscal year (as determined by the Secretary of Health and Human Services, based on the most recent available data before the beginning of the fiscal year) to be used to provide additional grants to State Health Insurance Assistance Programs (SHIPs) to conduct outreach and education related to the Medicare program under such title. (2) National center on senior benefits outreach and enrollment.-- (A) In general.--There are appropriated $4,000,000 to the National Center on Senior Benefits Outreach and Enrollment established under section 202(a)(20)(B) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)(20)(B)) to be used to provide outreach and enrollment assistance with respect to premium and cost- sharing subsidies under the Medicare prescription drug program under part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.). (B) Coordination.--The National Center on Senior Benefits Outreach and Enrollment shall coordinate outreach and enrollment assistance conducted under subparagraph (A) with activities conducted by State Health Insurance Assistance Programs (SHIPs) and other appropriate entities that conduct outreach and education related to such premium and cost-sharing subsidies. (b) Encouraging States To Direct Subsidy-Eligible Individuals to Organizations Providing Assistance.-- (1) In general.--The Secretary of Health and Human Services shall encourage States to direct applicable individuals to appropriate organizations and entities that provide assistance with respect to-- (A) applying for premium and cost-sharing subsidies under section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114); and (B) enrolling in a prescription drug plan or an MA- PD plan under part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.). (2) Applicable individuals defined.--In this subsection, the term ``applicable individual'' means an individual the State believes to be, or determines to be, eligible for premium and cost-sharing subsidies under section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114). SEC. 4. SCREENING BY COMMISSIONER OF SOCIAL SECURITY FOR ELIGIBILITY UNDER MEDICARE SAVINGS PROGRAMS. (a) In General.--Section 1860D-14(a)(3)(B)(i) of the Social Security Act (42 U.S.C. 1395w-114(a)(3)(B)(i)) is amended by inserting after the first sentence the following: ``As part of making an eligibility determination under the preceding sentence for an individual, the Commissioner shall screen for the individual's eligibility for medical assistance for any medicare cost-sharing described in section 1905(p)(3) and, if the screening indicates the individual is likely eligible for any such medicare cost-sharing, transmit the pertinent information to the appropriate State Medicaid agency for the determination of eligibility and enrollment of the individual for such medicare cost-sharing under the State plan (or under a waiver of such plan).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of enactment of this Act. SEC. 5. ADMINISTRATION ON AGING STUDY AND REPORT ON SCREENING PROCESSES USED BY GOVERNMENT NEEDS-BASED PROGRAMS. (a) Study.-- (1) In general.--The Assistant Secretary of the Administration on Aging (in this section referred to as the ``Assistant Secretary'') shall conduct a comprehensive study of screening processes used by government needs-based programs. (2) Matters studied.--In conducting the study under paragraph (1), the Assistant Secretary shall-- (A) assess any duplications of effort under existing screening processes used by government needs- based programs; (B) determine the feasibility of creating a uniform screening process for such needs-based programs; (C) determine how the Federal government, State governments, and community-based organizations can better coordinate existing screening processes in order to facilitate the enrollment of seniors into need-based programs; (D) include a cost-benefit analysis with respect to creating a uniform screening process or better streamlining existing screening processes; and (E) determine the feasibility of using the Internet to administer screening processes, as well as the costs and benefits of migrating to on online system. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall submit a report to Congress containing the results of the study conducted under subsection (a), together with recommendations-- (1) to streamline and improve the effectiveness of screening processes used by government needs-based programs; and (2) for such legislation or administrative action as the Assistant Secretary determines appropriate. (c) Authorization.--There are authorized to be appropriated such sums as are necessary to carry out this section.
Medicare Part D Outreach and Enrollment Enhancement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide a special 90-day enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program under part D (Voluntary Prescription Drug Benefit Program), with waiver of any late enrollment fee. Makes appropriations to the National Center on Senior Benefits Outreach and Enrollment to provide outreach and enrollment assistance with respect to premium and cost-sharing subsidies under the drug program. Requires the Commissioner of Social Security, when conducting Medicare eligibility screening, to screen also for an individual's eligibility for medical assistance under SSA title XIX (Medicaid) for any Medicare cost-sharing, and, if the results are positive, report the pertinent information to the appropriate state Medicaid agency for the individual's eligibility determination and enrollment for Medicare cost-sharing under the state plan. Directs the Assistant Secretary of the Administration on Aging to study and report to Congress on screening processes used by government needs-based programs.
{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide a special enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program and to provide funding for the conduct of outreach and education with respect to the premium and cost-sharing subsidies under such program, and for other purposes."}
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SECTION 1. CREDIT FOR ELECTRICITY PRODUCED FROM RENEWABLE RESOURCES. (a) Extension and Modification of Placed-in-Service Rules.-- Paragraph (3) of section 45(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(3) Qualified facility.-- ``(A) Wind facilities.--In the case of a facility using wind to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service after December 31, 1993, and before July 1, 2004. ``(B) Biomass facilities.--In the case of a facility using biomass to produce electricity, the term `qualified facility' means, with respect to any month, any facility owned, leased, or operated by the taxpayer which is originally placed in service before July 1, 2004, if, for such month-- ``(i) biomass comprises not less than 75 percent (on a Btu basis) of the average monthly fuel input of the facility for the taxable year which includes such month, or ``(ii) in the case of a facility principally using coal to produce electricity, biomass comprises not more than 25 percent (on a Btu basis) of the average monthly fuel input of the facility for the taxable year which includes such month. ``(C) Special rules.-- ``(i) In the case of a qualified facility described in subparagraph (B)(i)-- ``(I) the 10-year period referred to in subsection (a) shall be treated as beginning no earlier than the date of the enactment of this paragraph, and ``(II) subsection (b)(3) shall not apply to any such facility originally placed in service before January 1, 1997. ``(ii) In the case of a qualified facility described in subparagraph (B)(ii)-- ``(I) the 10-year period referred to in subsection (a) shall be treated as beginning no earlier than the date of the enactment of this paragraph, and ``(II) the amount of the credit determined under subsection (a) with respect to any project for any taxable year shall be adjusted by multiplying such amount (determined without regard to this clause) by 0.59.''. (b) Credit Not To Apply to Electricity Sold to Utilities Under Certain Contracts.--Section 45(b) of the Internal Revenue Code of 1986 (relating to limitations and adjustments) is amended by adding at the end the following: ``(4) Credit not to apply to electricity sold to utilities under certain contracts.-- ``(A) In general.--The credit determined under subsection (a) shall not apply to electricity-- ``(i) produced at a qualified facility placed in service by the taxpayer after June 30, 1999, and ``(ii) sold to a utility pursuant to a contract originally entered into before January 1, 1987 (whether or not amended or restated after that date). ``(B) Exception.--Subparagraph (A) shall not apply if-- ``(i) the prices for energy and capacity from such facility are established pursuant to an amendment to the contract referred to in subparagraph (A)(ii); ``(ii) such amendment provides that the prices set forth in the contract which exceed avoided cost prices determined at the time of delivery shall apply only to annual quantities of electricity (prorated for partial years) which do not exceed the greater of-- ``(I) the average annual quantity of electricity sold to the utility under the contract during calendar years 1994, 1995, 1996, 1997, and 1998, or ``(II) the estimate of the annual electricity production set forth in the contract, or, if there is no such estimate, the greatest annual quantity of electricity sold to the utility under the contract in any of the calendar years 1996, 1997, or 1998; and ``(iii) such amendment provides that energy and capacity in excess of the limitation in clause (ii) may be-- ``(I) sold to the utility only at prices that do not exceed avoided cost prices determined at the time of delivery, or ``(II) sold to a third party subject to a mutually agreed upon advance notice to the utility. For purposes of this subparagraph, avoided cost prices shall be determined as provided for in 18 CFR 292.304(d)(1) or any successor regulation.''. (c) Qualified Facilities Include All Biomass Facilities.-- (1) In general.--Subparagraph (B) of section 45(c)(1) of the Internal Revenue Code of 1986 (defining qualified energy resources) is amended to read as follows: ``(B) biomass.''. (2) Biomass defined.--Paragraph (2) of section 45(c) of such Code (relating to definitions) is amended to read as follows: ``(2) Biomass.--The term `biomass' means-- ``(A) any organic material from a plant which is planted exclusively for purposes of being used at a qualified facility to produce electricity, or ``(B) any solid, nonhazardous, cellulosic waste material which is segregated from other waste materials and which is derived from-- ``(i) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, but not including old-growth timber, ``(ii) poultry waste, ``(iii) urban sources, including waste pallets, crates, and dunnage, manufacturing and construction wood wastes, and landscape or right-of-way tree trimmings, but not including unsegregated municipal solid waste (garbage) or paper that is commonly recycled, or ``(iv) agriculture sources, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues.''. (d) Effective Date.--The amendments made by this section shall apply to electricity produced after the date of the enactment of this Act.
Prohibits, subject to exception, the credit from applying to electricity produced at a qualified facility placed in service after June 30, 1999, and sold to a utility pursuant to a contract originally entered into before January 1, 1987.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend and modify the credit for electricity produced from renewable resources."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Chiropractic Medicare Freedom and Benefit Protection Act''. SEC. 2. MEDICARE CHIROPRACTIC SERVICES. (a) Separate Treatment of Chiropractors.--Section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)) is amended-- (1) by striking ``, or (5)'' and all that follows and inserting a period; and (2) by inserting ``or'' before ``(4)''. (b) Inclusion of Chiropractic Services as Medical and Other Health Services.--Section 1861(s)(2) of such Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V)(iii), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) chiropractic services (as defined in subsection (ww)(1));''. (c) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``chiropractic services; chiropractor ``(ww)(1)(A) The term `chiropractic services' means only for the purpose of subsections (s)(1) and (s)(2)(A) clinically necessary care by means of adjustment of the spine (to correct a subluxation) performed by a chiropractor legally authorized to perform such adjustment by the State or jurisdiction in which such care is provided. ``(B) For purposes of subparagraph (A), care is clinically necessary when examination by a chiropractor demonstrates objective evidence of a subluxation. Such examination may include-- ``(i) physical examination; ``(ii) radiological examination; and ``(iii) specialized diagnostic instruments used in the practice of chiropractic. ``(C) For purposes of subparagraph (A), the term `subluxation' means a complex of any or all of the following articular changes that compromise neural integrity and may influence organ system function and general health: ``(i) Functional. ``(ii) Structural. ``(iii) Pathological. ``(2) The term `chiropractor' means an individual who is licensed as a chiropractor by the State (or in a State which does not license chiropractors as such, is legally authorized to perform the services of a chiropractor in the jurisdiction in which he performs such services), and who meets uniform minimum standards promulgated by the Secretary.''. (d) Payment as Physicians' Services.--Section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(W),'' after ``(2)(S),''. (e) Conforming Amendments.--(1) Section 1834(m) of such Act (42 U.S.C. 1395m(m)) is amended by inserting ``, a chiropractor (as defined in section 1861(ww)(2))'' after ``a physician (as defined in section 1861(r))''. (2) Section 1852(j)(3)(D) of such Act (42 U.S.C. 1395w-22(j)(3)(D)) is amended by inserting ``, a chiropractor (as defined in section 1861(ww)(2))'' after ``a physician (as defined in section 1861(r))''. (3) Section 1802(b)(5)(C) of such Act (42 U.S.C. 1395a(b)(5)(C) is amended to read as follows: ``(C) Practitioner.--The term `practitioner' has the meaning given such term by section 1842(b)(18)(C), and includes `chiropractor' as that term is defined in continuing care retirement community 1861(ww)(2).''. (4) Section 1832(a)(2)(C) of such Act (42 U.S.C. 1395k(a)(2)(C)) is amended by inserting before the term ``outpatient physical therapy services'' the following: ``chiropractic services as defined in section 1861(ww)(1)''. (5) Section 1835(a)(2) of such Act (42 U.S.C. 1395n(a)(2)) is amended by inserting after ``physician'' the first place it appears the following: ``or for purposes of chiropractic services (as defined in section 1861(ww)(1)), a chiropractor,''. (6) Section 1842(a) of such Act (42 U.S.C. 1395u(a)) is amended by inserting ``chiropractic services (as defined in section 1861(ww)(1)'' after ``physician's services''. (7) Section 1842(h) of such Act (42 U.S.C. 1395u(h)) is amended by inserting ``or chiropractor (as defined in section 1861(ww)(2))'' after ``physician'' each place it appears. (8) Section 1842(r) of such Act (42 U.S.C. 1395u(r)) is amended by inserting ``chiropractor (as defined in section 1861(ww)(2))'' after ``physician''. (9) Section 1847(d) of such Act (42 U.S.C. 1395w-3(d)) is amended by inserting ``chiropractic services (as defined in section 1861(ww)(1))'' after ``physicians' services''. (10) Section 1852 of such Act (42 U.S.C. 1395w-22) is amended by inserting ``or chiropractor (as defined in section 1861(ww)(2))'' after ``physician'' each place it appears. (11) Section 1862(a)(20) of such Act (42 U.S.C. 1395y(a)(20)) is amended by inserting ``or chiropractic services (as defined in section 1861(ww)(1))'' after ``physician's professional services''. (12) Section 1866(a)(1)(N)(ii) of such Act (42 U.S.C. 1395cc(a)(1)(N)(ii)) is amended by inserting ``or chiropractor (as defined in section 1861(ww)(2))'' after ``physician'' each place it appears. (13) Section 1868(a) of such Act (42 U.S.C. 1395ee(a)) is amended by inserting ``and chiropractor (as defined in section 1861(ww)(2))'' after ``physician''. (14) Section 1869(b)(1)(F) of such Act (42 U.S.C. 1395ff(b)(1)(F)) is amended by inserting ``or chiropractor (as defined in section 1861(ww)(2))'' after ``physician''. (15) Section 1876(b)(2)(i) of such Act (42 U.S.C. 1395mm(b)(2)(i)) is amended by inserting ``or chiropractic services (as defined in section 1861(ww)(1))'' after ``physicians' services''. (16) Section 1877 of such Act (42 U.S.C. 1395nn) is amended-- (1) in subsection (a)(1)(A) by inserting ``or chiropractor (as defined in section 1861(ww)(2))'' after ``physician''; and (2) in subsection (b)(1)-- (A) in the heading to read as follows: ``Physicians' and chiropractic services''; and (B) by inserting ``or chiropractic services (as defined in section 1861(ww)(1))'' after ``in section 1861(q))''. (17) Section 1887(a)(1)(A) of such Act (42 U.S.C. 1395xx(a)(1)(A)) is amended by inserting ``or chiropractic services (as defined in section 1861(ww)(1))'' after ``which constitute professional medical''. (18) Section 1888(e)(2)(A)(ii) of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``chiropractic services (as defined in section 1861(ww)(1)),'' after ``physicians' services''. (19) Section 1891(a)(2)(F) of such Act (42 U.S.C. 1395bbb(a)(2)(F)) is amended by inserting before the period at the end the following: ``or chiropractor (as defined in section 1861(ww)(2))''.
Chiropractic Medicare Freedom and Benefit Protection Act - Amends part D (Miscellaneous Provisions) of title XVIII (Medicare) of the Social Security Act to: (1) revise the definition of chiropractor, specifying the scope of chiropractic services that may be furnished under Medicare, namely, those which are clinically necessary care when examination by a chiropractor demonstrates objective evidence of a subluxation; and (2) provide for payment of chiropractic services as physicians' services.
{"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to clarify the scope of chiropractic services that may be furnished under the Medicare Program and that chiropractors are the only health care professionals qualified under that program to furnish those services."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nunn-Lugar Cooperative Threat Reduction Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The possession by hostile states or terrorist groups of nuclear, chemical, and biological weapons of mass destruction, or related materials or means of delivery, represents the greatest threat to the national security of the United States in the 21st century. (2) It is the highest priority of the United States to protect its territory, people, armed forces, allies, and friends from attacks by dangerous regimes or terrorist groups using weapons of mass destruction or related materials or means of delivery. (3) It is the policy of the United States to ensure and strengthen verification and compliance with the Treaty on the Non-proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the ``Nuclear Non-Proliferation Treaty''), the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with Annexes, done at Paris January 13, 1993, and entered into force April 29, 1997 (commonly known as the ``Chemical Weapons Convention''), the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, done at Washington, London, and Moscow April 10, 1972, and entered into force March 26, 1975 (commonly known as the ``Biological Weapons Convention''), the safeguards system of the International Atomic Energy Agency (IAEA), and the commitments and control lists of the Missile Technology Control Regime (MTCR), the Australia Group (AG), the Nuclear Suppliers Group (NSG), and the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (WA). (4) The national security interests of the United States have been well-served by the enactment of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note), (commonly known as the ``Nunn-Lugar Act''), its successor law, the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 22 U.S.C. 5951 note), and the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104-201; 50 U.S.C. 2301 et seq.) (commonly known as the ``Nunn-Lugar-Domenici Act''). (5) The Nunn-Lugar Cooperative Threat Reduction program has, as of January 2007-- (A) deactivated 6,934 nuclear warheads; (B) destroyed 637 intercontinental ballistic missiles; (C) eliminated 485 intercontinental ballistic missile silos; (D) destroyed 81 mobile intercontinental ballistic missile launchers; (E) eliminated 155 bombers; (F) destroyed 906 nuclear air-to-surface missiles; (G) eliminated 436 submarine-launched ballistic missile launchers; (H) eliminated 601 submarine-launched ballistic missiles; (I) destroyed 30 strategic nuclear submarines; and (J) sealed 194 nuclear test tunnels or holes. (6) On February 11, 2004, President George W. Bush called for the expansion of the Nunn-Lugar Cooperative Threat Reduction program, stating: ``I propose to expand our efforts to keep weapons from the Cold War and other dangerous materials out of the wrong hands. In 1991, Congress passed the Nunn-Lugar legislation. Senator Lugar had a clear vision, along with Senator Nunn, about what to do with the old Soviet Union. Under this program, we're helping former Soviet states find productive employment for former weapons scientists. We're dismantling, destroying, and securing weapons and materials left over from the Soviet WMD arsenal. We have more work to do there.'' SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) all United States capabilities must be utilized to prevent acts of catastrophic terrorism using weapons of mass destruction or related materials or means of delivery; (2) in order to prevent acts of catastrophic terrorism using weapons of mass destruction or related materials or means of delivery, the United States must pursue a strategy making full and effective use of multilateral and bilateral agreements, missile defense, arms control, threat reduction assistance, interdiction efforts, export controls, and United States proliferation sanctions; (3) the United States must not allow the world's most dangerous weapons to fall into the hands of dangerous regimes and terrorist groups; (4) the United States must hold nations accountable for all violations of international nonproliferation treaties, norms, and standards of conduct, and to the extent that it is consistent with United States law and policy, provide assistance to ensure that such treaties, norms, and standards of conduct are upheld rather than violated; and (5) the President must be provided the authority to use Nunn-Lugar Cooperative Threat Reduction funds in a manner consistent with the high value Congress and the President have placed on Cooperative Threat Reduction programs to reduce the threat posed to the national security of the United States and international peace and security by the proliferation of weapons of mass destruction or related materials or means of delivery. SEC. 4. REPEAL OF RESTRICTIONS. (a) Soviet Nuclear Threat Reduction Act of 1991.--Section 211(b) of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note) is repealed. (b) Cooperative Threat Reduction Act of 1993.--Section 1203(d) of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is repealed. (c) Russian Chemical Weapons Destruction Facilities.--Section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is repealed. SEC. 5. INAPPLICABILITY OF OTHER RESTRICTIONS. Section 502 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 102-511; 106 Stat. 3338; 22 U.S.C. 5852) shall not apply to any Cooperative Threat Reduction program. SEC. 6. COOPERATIVE THREAT REDUCTION PROGRAMS DEFINED. In this Act, the term ``Cooperative Threat Reduction programs'' means programs and activities specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).
Nunn-Lugar Cooperative Threat Reduction Act of 2007 - Amends the Soviet Nuclear Threat Reduction Act of 1991, the Cooperative Threat Reduction Act of 1993, and the National Defense Authorization Act for Fiscal Year 2000 to repeal specified restrictions on the use of Cooperative Threat Reduction (CTR) program funds and activities. Amends the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 to make specified funding requirements respecting independent countries of the former Soviet Union inapplicable to CTR programs.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Ricky Ray Hemophilia Relief Fund Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--HEMOPHILIA RELIEF FUND Sec. 101. Ricky Ray Hemophilia Relief Fund. Sec. 102. Compassionate payment. Sec. 103. Determination and payment. Sec. 104. Limitation on transfer of rights and number of petitions. Sec. 105. Time limitation. Sec. 106. Certain claims not affected by payment. Sec. 107. Limitation on agent and attorney fees. Sec. 108. Definitions. TITLE II--TREATMENT OF CERTAIN PRIVATE SETTLEMENT PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE MEDICAID AND SSI PROGRAMS Sec. 201. Treatment of certain private settlement payments in hemophilia-clotting-factor suit under the Medicaid and SSI programs. TITLE I--HEMOPHILIA RELIEF FUND SEC. 101. RICKY RAY HEMOPHILIA RELIEF FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Ricky Ray Hemophilia Relief Fund'', which shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on and proceeds from any such investment shall be credited to and become part of the Fund. (c) Availability of Fund.--Amounts in the Fund shall be available only for disbursement by the Secretary of Health and Human Services under section 103. (d) Termination.--The Fund shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act. If all of the amounts in the Fund have not been expended by the end of the 5-year period, investments of amounts in the Fund shall be liquidated, the receipts of such liquidation shall be deposited in the Fund, and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury of the United States. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Fund to carry out this title $1,771,400,000. SEC. 102. COMPASSIONATE PAYMENT. (a) Eligible Individuals.-- (1) In general.--If the conditions described in subsection (b) are met and if there are sufficient amounts in the Fund to make the payment involved, the Secretary shall make a single payment of $100,000 from the Fund to any individual-- (A) who-- (i) has an HIV infection; or (ii) is diagnosed with AIDS; and (B) who is described in paragraph (2). (2) Requirement.--An individual described in this paragraph is any of the following individuals: (A) An individual who-- (i) has any form of blood-clotting disorder, such as hemophilia, and was treated with antihemophilic factor at any time during the period beginning on July 1, 1982, and ending on December 31, 1987; or (ii) was treated with HIV contaminated blood transfusion, HIV contaminated blood components, or HIV contaminated human tissue during the period beginning on January 1, 1982, and ending on March 31, 1985. (B) An individual who-- (i) is the lawful spouse of an individual described in subparagraph (A); or (ii) is the former lawful spouse of an individual described in subparagraph (A) and was the lawful spouse of the individual at any time after a date, within the applicable period described in such subparagraph, on which the individual was treated as described in such paragraph and through medical documentation can assert reasonable certainty of transmission of HIV from the individual described in such subparagraph. (C) The individual acquired the HIV infection through perinatal transmission from a parent who is an individual described in subparagraph (A) or (B). (b) Conditions.--The conditions described in this subsection are, with respect to an individual, as follows: (1) Submission of medical documentation.--The individual submits to the Secretary written medical documentation that-- (A) the individual has (or had) an HIV infection; and (B)(i) in the case of an individual described in subsection (a)(2)(A)(i), that the individual has (or had) a blood-clotting disorder, such as hemophilia, and was treated as described in such section; and (ii) in the case of an individual described in subsection (a)(2)(A)(ii), the individual was treated with HIV contaminated blood transfusion, HIV contaminated blood components, or HIV contaminated human tissue provided by a medical professional during the period described in such subsection. (2) Petition.--A petition for the payment is filed with the Secretary by or on behalf of the individual. (3) Determination.--The Secretary determines, in accordance with section 103(b), that the petition meets the requirements of this title. SEC. 103. DETERMINATION AND PAYMENT. (a) Establishment of Filing Procedures.--The Secretary of Health and Human Services shall establish procedures under which individuals may submit petitions for payment under this title. (b) Determination.--For each petition filed under this title, the Secretary shall determine whether the petition meets the requirements of this title. (c) Payment.-- (1) Order of payments.-- (A) General rule.--Except as provided in this paragraph, to the extent there are sufficient amounts in the Fund to cover each payment, the Secretary shall pay, from the Fund, each petition that the Secretary determines meets the requirements of this title in the order received. (B) Priority payment.--During the 180 day period beginning on the date on which the Secretary begins accepting petitions under this title, the Secretary shall only make payments to individuals described in section 102(a)(2)(A)(i). (C) Other payments.--Upon the expiration of the period described in subparagraph (B), the Secretary shall make payments under this title as provided for in subparagraph (A). (2) Payments in case of deceased individuals.-- (A) In general.--In the case of an individual referred to in section 102(a)(1)(A)(ii) who is deceased at the time that payment is made under this section on a petition filed by or on behalf of the individual, the payment shall be made as follows: (i) If the individual is survived by a spouse who is living at the time of payment, the payment shall be made to such surviving spouse. (ii) If the individual is not survived by a spouse described in clause (i), the payment shall be made in equal shares to all children of the individual who are living at the time of the payment. (iii) If the individual is not survived by a person described in clause (i) or (ii), the payment shall be made in equal shares to the parents of the individual who are living at the time of payment. (iv) If the individual is not survived by a person described in clause (i), (ii), or (iii), the payment shall revert back to the Fund. (B) Filing of petition by survivor.--If an individual eligible for payment under section 102(a) dies before filing a petition under this title, a survivor of the individual may file a petition for payment under this title on behalf of the individual if the survivor may receive payment under subparagraph (A). (C) Definitions.--For purposes of this paragraph: (i) The term ``spouse'' means an individual who was lawfully married to the relevant individual at the time of death. (ii) The term ``child'' includes a recognized natural child, a stepchild who lived with the relevant individual in a regular parent-child relationship, and an adopted child. (iii) The term ``parent'' includes fathers and mothers through adoption. (3) Timing of payment.--The Secretary may not make a payment on a petition under this title before the expiration of the 120-day period beginning on the date of the enactment of this Act or after the expiration of the 5-year period beginning on the date of the enactment of this Act. (d) Action on Petitions.-- (1) In general.--The Secretary shall complete the determination required by subsection (b) regarding a petition not later than 120 days after the date the petition is filed under this title. (2) Petitions by certain individuals.--In the case of a petition filed by an individual described in section 102(a)(2)(A)(ii), the Secretary may not make a payment on such petition prior to the expiration of the period described in subsection (c)(1)(B). (e) Humanitarian Nature of Payment.--This Act does not create or admit any claim of or on behalf of the individual against the United States or against any officer, employee, or agent thereof acting within the scope of employment or agency that relate to an HIV infection arising from treatment described in section 102(a)(2). A payment under this Act shall, however, when accepted by or on behalf of the individual, be in full satisfaction of all such claims by or on behalf of that individual. (f) Administrative Costs Not Paid From Fund.--No costs incurred by the Secretary in carrying out this title may be paid from the Fund or set off against, or otherwise deducted from, any payment made under subsection (c)(1). (g) Termination of Duties of Secretary.--The duties of the Secretary under this section shall cease when the Fund terminates. (h) Treatment of Payments Under Other Laws.--A payment under subsection (c)(1) to an individual-- (1) shall be treated for purposes of the Internal Revenue Code of 1986 as damages described in section 104(a)(2) of such Code; (2) shall not be included as income or resources for purposes of determining the eligibility of the individual to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits, and such benefits shall not be secondary to, conditioned upon reimbursement from, or subject to any reduction because of receipt of, any such payment; and (3) shall not be treated as a third party payment or payment in relation to a legal liability with respect to such benefits and shall not be subject (whether by subrogation or otherwise) to recovery, recoupment, reimbursement, or collection with respect to such benefits (including the Federal or State governments or any entity that provides such benefits under a contract). (i) Regulatory Authority.--The Secretary may issue regulations necessary to carry out this title. (j) Time of Issuance of Procedures.--The Secretary shall, through the promulgation of appropriate regulations, guidelines, or otherwise, first establish the procedures to carry out this title not later than 120 days after the date of the enactment of this Act. SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF PETITIONS. (a) Rights Not Assignable or Transferable.--Any right under this title shall not be assignable or transferable. (b) 1 Petition With Respect to Each Victim.--With respect to each individual described in subparagraph (A), (B), or (C) of section 102(a)(2), the Secretary may not make payment with respect to more than 1 petition filed in respect to an individual. SEC. 105. TIME LIMITATION. The Secretary may not make any payment with respect to any petition filed under this title unless the petition is filed within 3 years after the date of the enactment of this Act. SEC. 106. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. A payment made under section 103(c)(1) shall not be considered as any form of compensation, or reimbursement for a loss, for purposes of imposing liability on the individual receiving the payment, on the basis of such receipt, to repay any insurance carrier for insurance payments or to repay any person on account of worker's compensation payments. A payment under this title shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation. SEC. 107. LIMITATION ON AGENT AND ATTORNEY FEES. Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the petition of an individual under this title, more than 5 percent of a payment made under this title on the petition. Any such representative who violates this section shall be fined not more than $50,000. SEC. 108. DEFINITIONS. For purposes of this title: (1) The term ``AIDS'' means acquired immune deficiency syndrome. (2) The term ``Fund'' means the Ricky Ray Hemophilia Relief Fund. (3) The term ``HIV'' means human immunodeficiency virus. (4) Unless otherwise provided, the term ``Secretary'' means Secretary of Health and Human Services. TITLE II--TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE SSI PROGRAM SEC. 201. TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE MEDICAID AND SSI PROGRAMS. (a) Private Payments.-- (1) In general.--Notwithstanding any other provision of law, the payments described in paragraph (2) shall not be considered income or resources in determining eligibility for, or the amount of-- (A) medical assistance under title XIX of the Social Security Act, or (B) supplemental security income benefits under title XVI of the Social Security Act. (2) Private payments described.--The payments described in this subsection are-- (A) payments made from any fund established pursuant to a class settlement in the case of Susan Walker v. Bayer Corporation, et al., 96-C-5024 (N.D. Ill.); and (B) payments made pursuant to a release of all claims in a case-- (i) that is entered into in lieu of the class settlement referred to in subparagraph (A); and (ii) that is signed by all affected parties in such case on or before the later of-- (I) December 31, 1997, or (II) the date that is 270 days after the date on which such release is first sent to the persons (or the legal representative of such persons) to whom the payment is to be made. (b) Government Payments.-- (1) In general.--Notwithstanding any other provision of law, the payments described in paragraph (2) shall not be considered income or resources in determining eligibility for, or the amount of supplemental security income benefits under title XVI of the Social Security Act. (2) Government payments described.--The payments described in this subsection are payments made from the fund established pursuant to section 101 of this Act.
TABLE OF CONTENTS: Title I: Hemophilia Relief Fund Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs Ricky Ray Hemophilia Relief Fund Act of 1998 - Title I: Hemophilia Relief Fund - Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. (Sec. 102) Mandates a payment of $100,000 from the Fund to any individual who has a human immunodeficiency virus (HIV) infection if the individual: (1) has a blood-clotting disorder (such as hemophilia) and was treated with blood-clotting agents between July 1, 1982, and December 31, 1987; (2) was treated with HIV-contaminated blood components or HIV-contaminated human tissue between January 1, 1982, and March 31, 1985; (3) is the lawful current or former spouse of such individual and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (4) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Declares that this Act does not create or admit any claim against the United States relating to HIV infection, but makes an accepted payment full satisfaction of all such claims by that individual. Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the SSI Programs - Prohibits a settlement payment in a specified class action lawsuit, payments related to a release of claims regarding that suit, or a payment under title I of this Act from being considered income or resources in determining a class member's eligibility for, or the amount of medical assistance under the Medicaid program or benefits under, the Supplemental Security Income program (titles XIX and XVI of the Social Security Act).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Life Sciences Jobs and Investment Act of 2010''. SEC. 2. INCREASED CREDIT FOR INITIAL LIFE SCIENCES RESEARCH. (a) In General.--Subsection (h) of section 41 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and inserting after subsection (g) the following new subsection: ``(h) Special Rules for Increased Initial Life Sciences Research.-- ``(1) In general.--In the case of qualified initial life sciences research expenses for any taxable year with respect to which the taxpayer elects the application of this subsection-- ``(A) Increased credit.--Subsection (a) shall be applied by substituting `40 percent' for `20 percent'. ``(B) Amounts paid for qualified life sciences research to certain research incubators, eligible small businesses, universities, and federal laboratories.-- Subsection (b)(3)(A) shall be applied by substituting `100 percent' for `65 percent', in the case of amounts paid or incurred to a qualified research incubator, or to persons described in subclause (I), (II), or (III) of subsection (b)(3)(D)(i), for qualified life sciences research. ``(C) Alternative simplified credit in case of initial qualified life science research.-- ``(i) Subsection (c)(5)(A) shall be applied by substituting `28 percent' for `14 percent', and ``(ii) subsection (c)(5)(B) shall be applied by substituting `12 percent' for `6 percent'. ``(2) Definitions.--For purposes of this subsection-- ``(A) Qualified initial life sciences research expenses.--The term `qualified initial life sciences research expenses' means so much of the amounts taken into account under subsection (a) as are attributable to qualified life sciences research and do not exceed $150,000,000. ``(B) Qualified life sciences research.--The term `qualified life sciences research' means any qualified research with respect to the branch of knowledge or study of biology, biochemistry, biophysics, bioengineering, microbiology, genetics, or physiology (in each case as such knowledge or study relates to human beings), except that the term does not include sociology or psychology. ``(C) Qualified research incubator.--The term `qualified research incubator' means any entity created by and operated under State law exclusively to conduct qualified life sciences research on behalf of the taxpayer and 1 or more unrelated taxpayers. ``(3) Coordination with 965A.--This subsection shall not apply with respect to any taxpayer for any taxable year for which an election is in effect under section 965A (relating to limited deduction for life sciences jobs and investment in United States). ``(4) Election.--Any election under this subsection shall be made in such manner as may be prescribed by the Secretary, and shall be made with respect to a taxable year not later than the due date (including extensions of time) for filing the taxpayer's return for such taxable year. ``(5) Termination.--This subsection shall not apply to any taxable year beginning after December 31, 2015.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. INCENTIVES TO INVEST IN LIFE SCIENCES JOBS, RESEARCH, AND FACILITIES. (a) In General.--Subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 (relating to controlled foreign corporations) is amended by adding at the end the following new section: ``SEC. 965A. LIMITED DEDUCTION FOR LIFE SCIENCES JOBS AND INVESTMENT IN UNITED STATES. ``(a) Deduction.-- ``(1) In general.--In the case of a corporation which is a United States shareholder and for which the election under this section is in effect for the taxable year, there shall be allowed as a deduction an amount equal to 100 percent of the cash dividends which are received during such taxable year by such shareholder from controlled foreign corporations. ``(2) Dividends paid indirectly from controlled foreign corporations.--If, within the taxable year for which the election under this section is in effect, a United States shareholder receives a cash distribution from a controlled foreign corporation which is excluded from gross income under section 959(a), such distribution shall be treated for purposes of this section as a cash dividend to the extent of any amount included in income by such United States shareholder under section 951(a)(1)(A), including as a result of any cash dividend during such taxable year to-- ``(A) such controlled foreign corporation from another controlled foreign corporation that is in a chain of ownership described in section 958(a), or ``(B) any other controlled foreign corporation in such chain of ownership from another controlled foreign corporation in such chain of ownership, but only to the extent of cash distributions described in section 959(b) which are made during such taxable year to the controlled foreign corporation from which such United States shareholder received such distribution. ``(b) Limitations.-- ``(1) In general.--The amount of dividends taken into account under subsection (a) shall not exceed the lesser of-- ``(A) $150,000,000, or ``(B) the amount shown on the applicable financial statement as earnings permanently reinvested outside the United States. The amounts described in subparagraph (B) shall be treated as being zero if there is no such statement or such statement fails to show a specific amount of such earnings. ``(2) Requirement to invest in life sciences.--Subsection (a) shall not apply to any dividend received by a United States shareholder unless the amount of the dividend is invested solely in the United States and solely for the purpose of-- ``(A) the new hiring of additional scientists, researchers, and comparable personnel engaged in qualified life sciences research, ``(B) payments to universities, qualified research incubators, and other qualified organizations which are used by such organizations to conduct qualified life sciences research, or ``(C) the building or leasing of new facilities to be used in the conduct of qualified life sciences research. ``(3) Prohibited uses.--Subsection (a) shall not apply to any dividend any amount of which is used by the taxpayer to pay remuneration for services of any covered employee (as defined in section 162(m)(3)), to pay dividends to the shareholders of the taxpayer, or to pay interest or principal on any debt security of the taxpayer. ``(4) No reserve.--Subsection (a) shall not apply to any dividend if the taxpayer's compliance with this section is uncertain and requires a provision or reserve on the taxpayer's applicable financial statements. ``(5) Separate account.--Subsection (a) shall not apply to any dividend unless the amount of the dividend is held in a separate account, trust, or other arrangement that segregates the amount from other funds of the taxpayer until the amount is used solely for the purposes described in paragraph (2). ``(c) Substantiation of Compliance.-- ``(1) In general.--The taxpayer must substantiate its compliance with subsection (b) with written documents and such other credible evidence as the Secretary may reasonably require, and shall bear the burden of proof with respect to such substantiation. ``(2) Certification.--The chief executive officer and the independent director serving as head of the audit committee of the taxpayer, or comparable corporate officials, shall attest in writing to the taxpayer's compliance with each of the requirements of subsection (b). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified life sciences research; qualified research incubator.--The terms `qualified life sciences research' and `qualified research incubator' shall have the respective meanings given such terms by section 41(d). ``(2) The term `qualified organization' means any organization described in subparagraph (A), (B), or (C) of section 41(e)(6). ``(3) The term `applicable financial statement' and `dividend' shall have the respective meanings given such terms by section 965(c). ``(4) Rules similar to the rules of paragraph (3) of section 965(b) shall apply for purposes of this section, except that such paragraph shall be applied by substituting `December 31, 2009' for `October 3, 2004'. ``(5) Rules similar to the rules of paragraphs (4) and (5) of section 965(c) shall apply for purposes of this section, except that such paragraph (5) shall be applied-- ``(A) by substituting `$150,000,000' for `$500,000,000', and ``(B) without regard to the reference to subparagraph (C) of section 965(b)(1). ``(e) Denial of Foreign Tax Credit.-- ``(1) No credit shall be allowed under section 901 for any taxes paid or accrued (or treated as paid or accrued) with respect to any dividend with respect to which an election is in effect under this section and which is included in income under section 951(a)(1)(A). ``(2) No deduction shall be allowed under this chapter for any tax for which credit is not allowable by reason of paragraph (1). ``(f) Election.--Any election under this section shall be made in such manner as may be prescribed by the Secretary, and shall be made with respect to a taxable year not later than the due date (including extensions of time) for filing the taxpayer's return for such taxable year. ``(g) Termination.--This section shall not apply to any taxable year beginning after December 31, 2015.''. (b) Clerical Amendment.--The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by adding at the end the following new section: ``Sec. 965A. Limited deduction for life sciences jobs and investment in United States.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment.
Life Sciences Jobs and Investment Act of 2010 - Amends the Internal Revenue Code to allow: (1) an increased research tax credit for qualified initial life sciences research expenses; and (2) certain corporations a tax deduction for investments in the United States to hire scientists and researchers engaged in life science research and to fund life science research at universities, qualified research incubators, and other qualified organizations. Terminates such tax incentives after 2015. Defines "qualified initial life sciences research expenses" as amounts, up to $150 million, attributable to the study of biology, biochemistry, biophysics, bioengineering, microbiology, genetics, or physiology, but excluding sociology or psychology.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Risk Youth Medicaid Protection Act''. SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) by striking ``and'' at the end of paragraph (82)(C); (2) by striking the period at the end of paragraph (83) and inserting ``; and''; and (3) by inserting after paragraph (83) the following new paragraph: ``(84)(A) provide that in the case of an eligible juvenile-- ``(i) the State shall not terminate (but shall suspend) eligibility for medical assistance for such juvenile during the period that such individual is an inmate of a public institution, but shall establish a process to ensure that-- ``(I) the State does not claim Federal financial participation for items and services that are excluded from the definition of medical assistance under subdivision (A) (following paragraph (29)) in section 1905(a); and ``(II) ensures that the eligible juvenile receives (other than under this title) items and services which are included in the definition of medical assistance and for which Federal financial participation would have otherwise been permitted but for the status of the juvenile as such an inmate; and ``(ii) the State shall automatically restore full eligibility for such medical assistance to such eligible juvenile upon release from such institution and shall take all necessary steps to ensure that such juvenile can begin receiving medical assistance under this title immediately upon release from such institution, unless (and until such date) there is a determination that the juvenile no longer meets the State or Federal eligibility requirements for such medical assistance. ``(B) For purposes of this paragraph, the term `eligible juvenile' means an individual who-- ``(i) is 21 years of age or younger; ``(ii) was enrolled for medical assistance under the State plan immediately before becoming an inmate of a public institution; ``(iii) on the expected date of release of such individual from such institution-- ``(I) will be 21 years of age or younger; and ``(II) notwithstanding subdivision (A) (following paragraph (29)), in section 1905(a), will be eligible for medical assistance under the State plan.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 6 months after the date of the enactment of this Act and shall apply to eligibility and enrollment on or after such date. (2) Rule for changes requiring state legislation.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.
At-Risk Youth Medicaid Protection Act - Amends title XIX (Medicaid) of the Social Security Act to prohibit a state from terminating (but requires it to suspend) eligibility for medical assistance for an eligible juvenile during the time he or she is an inmate of a public institution. Requires the state to establish a process to ensure that: (1) it does not claim federal financial participation for items and services excluded from covered medical assistance, and (2) the eligible juvenile receives items and services which are covered and for which federal financial participation would have otherwise been permitted but for the juvenile's status as an inmate. Requires the state to: (1) restore automatically full eligibility for such medical assistance to an eligible juvenile upon release from the institution; and (2) take all necessary steps to ensure that the juvenile can begin receiving medical assistance under Medicaid immediately upon such release, unless he or she no longer meets state or federal eligibility requirements.
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SECTION 1. FINDINGS. Congress finds the following: (1) As of the date of enactment of this Act, the existing infrastructure of Grand Canyon National Park is not adequate to serve the purposes for which the Park was established. (2) Improving the infrastructure of the Park would enhance the natural and cultural resources of the Park and the quality of the experiences of visitors to the Park. (3) Through the development of a general management plan, the Director of the National Park Service has identified reasonable measures that are necessary to improve the infrastructure and related services of the Park, including making improvements to transportation facilities and visitor services, and reusing historic structures appropriately. (4) In order for the Director to implement the general management plan referred to in paragraph (3) at the Park, it is necessary for the Director to be authorized to-- (A) enter into agreements with non-Federal entities to share the costs of the improvements; and (B) assess and collect a special surcharge in addition to the entrance fees otherwise collected by the National Park Service. SEC. 2. GRAND CANYON ENTRANCE FEE SURCHARGE. Notwithstanding any other provision of law, the Secretary of the Interior shall-- (1) authorize the Superintendent of the Grand Canyon National Park to charge and collect, in addition to the entrance fee collected pursuant to section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a), a surcharge in an amount not to exceed $2 for each individual charged such entrance fee; and (2) remit to the special account for Grand Canyon National Park infrastructure improvement amounts collected as a surcharge under such authority. SEC. 3. SPECIAL ACCOUNT FOR GRAND CANYON NATIONAL PARK INFRASTRUCTURE IMPROVEMENT. (a) Establishment.--The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish in the Treasury of the United States a special account for Grand Canyon National Park infrastructure improvement. (b) Administration of Account.--The Secretary of the Treasury shall-- (1) credit to the special account amounts remitted pursuant to section 2(2); and (2) make funds in the special account available for use only as provided in subsection (c). (c) Use of Funds.-- (1) In general.--The Secretary of the Interior, acting through the Director of the National Park Service, may use funds in the special account only to pay the Federal share of the cost of eligible projects. (2) Daily operations.--No funds in the special account may be used for daily operation of the Grand Canyon National Park. SEC. 4. ELIGIBLE PROJECTS. (a) Eligible Projects.--Subject to subsection (b), any project for the design, construction, operation, maintenance, repair, or replacement of a facility within the Grand Canyon National Park is eligible for funding in accordance with this Act. (b) Limitation.--A project referred to in subsection (a) shall be consistent with-- (1) the laws governing the National Park Service; (2) the Act entitled ``An Act to establish the Grand Canyon National Park in the State of Arizona'', approved February 26, 1919 (16 U.S.C. 221 et seq.), the Grand Canyon National Park Enlargement Act (16 U.S.C. 228a et seq.), and any related law; and (3) the general management plan for the Park. SEC. 5. COST-SHARING AGREEMENTS WITH NON-FEDERAL ENTITIES. (a) Agreements Required.--The Director of the National Park Service, in consultation with the Superintendent of the Grand Canyon National Park, shall enter into a cost-sharing agreement with a non- Federal Government entity for each eligible project. (b) Content.--The cost-sharing agreement shall specify the Federal share and the non-Federal share of the cost of the project and shall provide for payment of the non-Federal share by the non-Federal entity. (c) Authority To Cover Several Projects.--A cost-sharing agreement may cover more than one eligible project. SEC. 6. REGULATIONS. (a) Regulations Required.--The Secretary of the Interior shall prescribe regulations to carry out this Act. (b) Content.--The regulations shall include the following matters: (1) The procedures for the management of the special account. (2) The manner in which funds for payment of the non- Federal share of the cost of an eligible project may be solicited and acknowledged. (3) Provisions for ensuring the protection of the natural, cultural, and other resources that the Park was established to protect. (4) Provisions to encourage funding from the private sector only for projects that contribute to the restoration and protection of the resources referred to in paragraph (3). (5) Protections against the commercialization of the Grand Canyon National Park. (6) Procedures to prevent the creation of a conflict of interest with respect to an employee of the Federal Government. (7) Provisions for continuous participation of the general public in the oversight of the implementation of this Act. (c) Notice and Public Comment.--The Secretary shall carry out subsection (a) in accordance with section 553 of title 5, United States Code (relating to publication of notice and opportunity for public comment), without regard to any applicable exception provided in such section. SEC. 7. REPORT. (a) Report Required.--Not later than 5 years after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress a report on the Grand Canyon National Park infrastructure improvement authority provided in this Act. (b) Content of Report.--The report shall include the following matters: (1) An assessment of the effectiveness of the exercise of authority under this Act to improve the infrastructure of the Grand Canyon National Park. (2) Any recommended legislation with respect to-- (A) the surcharge authorized under section 2; (B) the special account; (C) the use of the special account for funding eligible projects; or (D) any other matter that the Secretary determines to be related to the authority provided under this Act. SEC. 8. DEFINITIONS. As used in this Act: (1) Facility.--The term ``facility'' includes any structure, road, trail, utility, or other facility that is used or to be used for or in support of-- (A) the protection or restoration of a natural or cultural resource; (B) an interpretive service; or (C) any other service or activity that the Secretary determines to be related to the operation of the Grand Canyon National Park. (2) Federal share.--The term ``Federal share'', with respect to the cost of an eligible project, means the percent of the cost of such project that is paid with Federal funds, including funds disbursed from the special account. (3) Non-federal share.--The term ``non-Federal share'', with respect to the cost of an eligible project, means the percent of the cost of such project that is paid with funds other than funds referred to in paragraph (2). (4) Eligible project.--The term ``eligible project'' is any project that is eligible for funding in accordance with this Act. (5) Special account.--The terms ``special account for Grand Canyon National Park infrastructure improvement'' and ``special account'' mean the account established pursuant to section 3.
Directs the Secretary of the Interior to authorize the Superintendent of the Grand Canyon National Park to: (1) charge and collect, in addition to the entrance fee, a surcharge in an amount not to exceed $2 for each individual charged such fee; and (2) remit the surcharge to the special account for the Grand Canyon National Park infrastructure improvement established by this Act. Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to use funds in the special account to pay the Federal share of the cost of eligible projects such as the design, construction, operation, maintenance, repair, or replacement of a facility within the Park that meets specified guidelines. Requires the Director to enter into a cost-sharing agreement with a non-Federal Government entity for each eligible project. Requires the Secretary to report to the Congress on the Park infrastructure improvement.
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SECTION 1. FORMULA FOR DETERMINING OFFICIAL MAIL ALLOWANCE. Section 311(e)(2)(B)(i) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is amended by striking ``3'' and inserting ``1.5''. SEC. 2. TRANSFER OF CERTAIN FUNDS PROHIBITED. Section 101(c)(2) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(c)(2)) is amended by striking `` ``official mail costs'',''. SEC. 3. EXPANSION OF RULE. Paragraph (6) of section 3210(a) of title 39, United States Code, is amended to read as follows: ``(6)(A) It is the intent of Congress-- ``(i) that a Member of, or Member-elect to, Congress may not send any unsolicited franked mail postmarked fewer than 60 days immediately before the date of any primary election or general election (whether regular, special, or runoff) in which the Member is a candidate for reelection; and ``(ii) that a Member of, or Member-elect to, the House of Representatives who is a candidate for any other public office may not send-- ``(I) any unsolicited franked mail for delivery within any portion of the jurisdiction of or the area covered by the public office which is outside the area constituting the congressional district from which the Member or Member-elect was elected; or ``(II) any unsolicited franked mail postmarked fewer than 60 days immediately before the date of any primary election or general election (whether regular, special, or runoff) in which the Member or Member-elect is a candidate for such office. ``(B) No Senator may send any unsolicited franked mail postmarked fewer than 60 days immediately before the date of any primary election or general election (whether regular, special, or runoff) for any national, State or local office in which such Senator is a candidate for election. ``(C) For purposes of subparagraphs (A) and (B), if mail matter is of a type which is not customarily postmarked, the date on which such matter would have been postmarked if it were of a type customarily postmarked shall apply. ``(D) The Select Committee on Ethics of the Senate and the House Commission on Congressional Mailing Standards shall prescribe for their respective Houses rules and regulations, and shall take such other action as the Committee or the Commission considers necessary and proper for Members of, and Members-elect to, Congress to comply with the provisions of this paragraph. The rules and regulations shall include provisions prescribing the time within which mailings shall be mailed at or delivered to any postal facility and the time when the mailings shall be deemed to have been mailed or delivered to comply with the provisions of this paragraph. ``(E) As used in this section, the term `mass mailing' means, with respect to a session of Congress, any mailing of newsletters or other pieces of mail with substantially identical content (whether such mail is deposited singly or in bulk, or at the same time or different times), totaling more than 500 pieces in that session, except that such term does not include any mailing-- ``(i) of matter in direct response to a communication from a person to whom the matter is mailed; ``(ii) from a Member of Congress to other Members of Congress, or to Federal, State, or local government officials; or ``(iii) of a news release to the communications media. ``(F) Subparagraphs (A) through (D) shall not apply with respect to any mailing which would satisfy clause (i), (ii), or (iii) of subparagraph (E) (determined without consideration as to the number of pieces in such mailing), except that for purposes of this subparagraph, subparagraph (E)(i) shall not be considered satisfied if the mailing is postmarked later than 60 days after the communication (or latest communication) to which it responds.''. SEC. 4. VOTER REGISTRATION INFORMATION. Subparagraph (H) of section 3210(a)(3) of title 39, United States Code, is repealed. SEC. 5. RETURN OF EXCESS AMOUNTS FROM OFFICIAL ALLOWANCES OF MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE TREASURY FOR DEFICIT REDUCTION. (a) In General.--Notwithstanding any other law, or any rule or other authority, any amount remaining in an official allowance of a Member of the House of Representatives at the end of the session of Congress or other period for which the allowance is made available shall be returned to the Treasury, to be used for deficit reduction. (b) Definitions.--As used in this section-- (1) the term ``Member of the House of Representatives'' means a Representative in, or a Delegate or Resident Commissioner to, the Congress; and (2) the term ``official allowance'' means, with respect to a Member of the House of Representatives, the Official Mail Allowance. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect as of the beginning of the first Congress beginning after the date of the enactment of this Act.
Amends the Legislative Branch Appropriations Act, 1991 to revise the formula for the official mail allowance (thus, reducing the amount allowed) for Members of the House of Representatives. Prohibits the transfer of funds appropriated for official mail costs of the House. Prohibits any: (1) Member of Congress from sending any unsolicited franked mail (currently, franked mass mailings) postmarked fewer than 60 days immediately before any primary or general election in which such Member is a candidate; and (2) Representative who is a candidate for any other public office from sending unsolicited franked mail outside his or her congressional district. Repeals Federal law that makes frankable mail matter which consists of voter registration, election information, or assistance prepared and mailed in a nonpartisan manner. Requires any amount remaining in an official allowance of a Member of the House of Representatives at the end of the session of the Congress or other period for which the allowance is made available to be returned to the Treasury for deficit reduction.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Video Game Rating Act''. SEC. 2. DEFINITIONS. In this Act: (1) Content rating.--The term ``content rating'' means any rating of the content of a video or computer game provided to notify an individual of content in such video or computer game that may be offensive to an individual or may not be suitable for an individual of a certain age, including such content as violence, graphic sex, nudity, or strong language. (2) Hidden content.--The term ``hidden content'' means any playable content of a video or computer game that may be disabled or blocked from a user of such game so that it can be accessed only by inputting a code or command or by altering the software of such game with a modification, patch, or similar tool, utility, or method. (3) Playable content.--The term ``playable content'', with respect to a video or computer game, means any scene, visual image, sound, or word that a user of such game can access after installing the game on a computer, console, telecommunication device, or similar technology. (4) Rating organization.--The term ``rating organization'' means the Entertainment Software Ratings Board or any other independent organization that assigns a content rating to a video or computer game. (5) Video or computer game.--The term ``video or computer game'' means any product, whether distributed electronically or through a tangible device, consisting of data, programs, routines, instructions, applications, symbolic languages, or similar electronic information that enables a user of such product to interact with a computer-controlled virtual environment for entertainment purposes. SEC. 3. PROHIBITION ON DECEPTIVE RATINGS OF VIDEO GAMES. (a) Rating Game Only on Partial Content.--Notwithstanding any other provision of law, effective 1 year after the date of the enactment of this Act, a rating organization may not assign a content rating to any video or computer game that is to bear a label containing such content rating when sold or distributed in interstate commerce unless such rating organization has reviewed the playable content of the video or computer game in its entirety. (b) Withholding Content for Rating.-- (1) In general.--Notwithstanding any other provision of law, effective 1 year after the date of the enactment of this Act, a person who produces, sells, or otherwise distributes a video or computer game in interstate commerce, may not withhold or hide any playable content of such video or computer game from, or in any other manner fail to disclose any playable content of such video or computer game to, a rating organization. (2) Hidden content.--Notwithstanding any other provision of law, effective 1 year after the date of the enactment of this Act, a person who, in the course of obtaining a content rating, submits to a rating organization a video or computer game that contains hidden content shall provide such rating organization with the necessary codes or methods of accessing such hidden content. (c) Gross Mischaracterization of Content.-- (1) In general.--Notwithstanding any other provision of law, effective 1 year after the date of the enactment of this Act, a rating organization may not provide a content rating that grossly mischaracterizes the content of a video or computer game. (2) Grossly mischaracterize.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate regulations that define the term ``grossly mischaracterizes'', as such term is used in paragraph (1). SEC. 4. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--A violation of a prohibition described in section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Federal Trade Commission.--The Federal Trade Commission shall enforce the provisions of this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made part of this Act. SEC. 5. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE. (a) Study.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study to determine the following: (1) The efficacy of the Entertainment Software Ratings Board ratings system in assigning appropriate content ratings to video and computer games, including ratings for online or Internet-based games. (2) Whether content ratings systems, like that used by the Entertainment Software Ratings Board, should be peer-reviewed. (3) Whether an independent content ratings system, developed and administered by persons with no financial interest in the video or computer game industry, would result in more accurate and effective content ratings for video or computer games than the content rating system used by the Entertainment Software Ratings Board. (4) The efficacy of a universal ratings system for visual content, including films, broadcast and cable television and video, and video or computer games. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the findings of the study conducted pursuant to subsection (a). The report shall contain recommendations regarding effective approaches to content ratings that address the unique ratings challenges of online and Internet-based video games.
Truth in Video Game Rating Act - Prohibits any rating organization from assigning a content rating to any video or computer game unless it has reviewed its entire playable content. Prohibits any producer, seller, or distributor of such games from withholding or hiding any such content from a rating organization. Requires any person submitting to a rating organization a video or computer game with hidden content to accompany it with the codes or methods necessary to access such hidden content. Prohibits a rating organization from providing a content rating that grossly mischaracterizes the game content. Makes a violation of a prohibition of this Act an unfair or deceptive act or practice under specified provisions of the Federal Trade Commission Act and requires the Federal Trade Commission (FTC) to enforce this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Clyde-Hirsch-Sowers RESPECT Act'' or the ``Restraining Excessive Seizure of Property through the Exploitation of Civil Asset Forfeiture Tools Act''. SEC. 2. INTERNAL REVENUE SERVICE SEIZURE REQUIREMENTS WITH RESPECT TO STRUCTURING TRANSACTIONS. Section 5317(c)(2) of title 31, United States Code, is amended-- (1) by striking ``Any property'' and inserting the following: ``(A) In general.--Any property''; and (2) by adding at the end the following: ``(B) Internal revenue service seizure requirements with respect to structuring transactions.-- ``(i) Property derived from an illegal source.--Property may only be seized by the Internal Revenue Service pursuant to subparagraph (A) by reason of a claimed violation of section 5324 if the property to be seized was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than section 5324. ``(ii) Notice.--Not later than 30 days after property is seized by the Internal Revenue Service pursuant to subparagraph (A), the Internal Revenue Service shall-- ``(I) make a good faith effort to find all persons with an ownership interest in such property; and ``(II) provide each such person with a notice of the person's rights under clause (iv). ``(iii) Extension of notice under certain circumstances.--The Internal Revenue Service may apply to a court of competent jurisdiction for one 30-day extension of the notice requirement under clause (ii) if the Internal Revenue Service can establish probable cause of an imminent threat to national security or personal safety necessitating such extension. ``(iv) Post-seizure hearing.--If a person with a property interest in property seized pursuant to subparagraph (A) by the Internal Revenue Service requests a hearing by a court of competent jurisdiction within 30 days after the date on which notice is provided under subclause (ii), such property shall be returned unless the court holds an adversarial hearing and finds within 30 days of such request (or such longer period as the court may provide, but only on request of an interested party) that there is probable cause to believe that there is a violation of section 5324 involving such property and probable cause to believe that the property to be seized was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than section 5324.''. SEC. 3. EXCLUSION OF INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY SEIZED BY THE INTERNAL REVENUE SERVICE BASED ON STRUCTURING TRANSACTION. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: ``SEC. 139G. INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY SEIZED BY THE INTERNAL REVENUE SERVICE BASED ON STRUCTURING TRANSACTION. ``Gross income shall not include any interest received from the Federal Government in connection with an action to recover property seized by the Internal Revenue Service pursuant to section 5317(c)(2) of title 31, United States Code, by reason of a claimed violation of section 5324 of such title.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: ``Sec. 139G. Interest received in action to recover property seized by the Internal Revenue Service based on structuring transaction.''. (c) Effective Date.--The amendments made by this section shall apply to interest received on or after the date of the enactment of this Act.
Clyde-Hirsch-Sowers RESPECT Act or the Restraining Excessive Seizure of Property through the Exploitation of Civil Asset Forfeiture Tools Act This bill revises the authority and procedures that the Internal Revenue Service (IRS) uses to seize property that has been structured to avoid Bank Secrecy Act (BSA) reporting requirements. The IRS may only seize property it suspects has been structured to avoid BSA reporting requirements if the property was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than structuring transactions to evade BSA reporting requirements. Within 30 days of seizing property, the IRS must: (1) make a good faith effort to find all owners of the property, and (2) notify the owners of the post-seizure hearing rights established by this bill. The IRS may apply to a court for one 30-day extension of the notice requirement if it can establish probable cause of an imminent threat to national security or personal safety. If the owner of the property requests a court hearing within 30 days after the date on which notice is provided, the property must be returned unless the court holds a hearing within 30 days after notice is provided and finds that there is probable cause to believe that the property was derived from an illegal source or the funds were structured to conceal the violation of a criminal law or regulation other than a structuring violation. The bill amends the Internal Revenue Code to exclude from gross income any interest received from the federal government with respect to an action to recover property seized by the IRS pursuant to a claimed violation of the structuring provisions of the BSA.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Haqqani Network Terrorist Designation Act of 2012''. SEC. 2. FINDINGS; SENSE OF CONGRESS; STATEMENT OF CONGRESS. (a) Findings.--Congress finds the following: (1) A report of the Congressional Research Service on relations between the United States and Pakistan states that ``[t]he terrorist network led by Jalaluddin Haqqani and his son Sirajuddin, based in the FATA, is commonly identified as the most dangerous of Afghan insurgent groups battling U.S.-led forces in eastern Afghanistan.''. (2) The report further states that, in mid-2011, the Haqqanis undertook several high-visibility attacks in Afghanistan. (3) A late June 2011 assault on the Intercontinental Hotel in Kabul by eight Haqqani gunmen and suicide bombers left 18 people dead. (4) On September 10, 2011, a truck bomb attack on a United States military base by Haqqani fighters in the Wardak province injured 77 United States troops and killed five Afghans. (5) The September 13, 2011, attack on the United States Embassy compound in Kabul involved an assault that sparked a 20-hour-long gun battle and left 16 Afghans dead, five police officers and at least six children among them. (6) The report further states that ``U.S. and Afghan officials concluded the Embassy attackers were members of the Haqqani network.''. (7) General John Allen, Commander, United States Forces Afghanistan, has stated that the Haqqanis are responsible for the deaths of hundreds of United States and coalition service members, and is responsible for planning and conducting high- profile attacks against United States interests, including the deadly assault on the Capital, Kabul in April 2012. (8) In September 22, 2011, testimony before the Committee on Armed Services of the Senate, Chairman of the Joint Chiefs of Staff Admiral Mullen stated that ``[t]he Haqqani network, for one, acts as a veritable arm of Pakistan's Inter-Services Intelligence agency. With ISI support, Haqqani operatives plan and conducted that [September 13] truck bomb attack, as well as the assault on our embassy. We also have credible evidence they were behind the June 28th attack on the Intercontinental Hotel in Kabul and a host of other smaller but effective operations.''. (9) In October 27, 2011, testimony before the Committee on Foreign Affairs of the House of Representatives, Secretary of State Hillary Clinton stated that ``I think everyone agrees that the Haqqani Network has safe havens inside Pakistan; that those safe havens give them a place to plan and direct operations that kill Afghans and Americans.''. (10) On November 1, 2011, the United States Government added Haji Mali Kahn to a list of specially designated global terrorists under Executive Order 13224. (11) The Department of State described Haji Mali Khan as ``a Haqqani Network commander'' who has ``overseen hundreds of fighters, and has instructed his subordinates to conduct terrorist acts.''. (12) The designation continued, ``Mali Khan has provided support and logistics to the Haqqani Network, and has been involved in the planning and execution of attacks in Afghanistan against civilians, coalition forces, and Afghan police.''. (13) According to Jason Blazakis, the chief of the Terrorist Designations Unit of the Department of State, Haji Mali Khan also has links to al-Qaeda. (14) Five other top Haqqani Network leaders have been placed on the list of specially designated global terrorists under Executive Order 13224 since 2008, and three of them have been so placed in the last year. (15) Sirajuddin Haqqani, the overall leader of the Haqqani Network as well as the leader of the Taliban's Mira shah Regional Military Shura, was designated by the Secretary of State as a terrorist in March 2008, and in March 2009, the Secretary of State put out a bounty of $5,000,000 for information leading to his capture. (16) The other four individuals so designated are Nasiruddin Haqqani, Khalil al Rahman Haqqani, Badruddin Haqqani, and Mullah Sangeen Zadran. (b) Sense of Congress.--It is the sense of Congress that the Secretary of State should designate the Haqqani Network as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (c) Statement of Congress.--Congress encourages continued and thorough cooperation between the Secretary of State and the intelligence community regarding the Haqqani Network. SEC. 3. REPORT ON HAQQANI NETWORK. (a) In General.--Not later than 30 days after the date of the enactment of this section, the Secretary of State shall submit to the appropriate congressional committees-- (1) a detailed report on whether the Haqqani Network meets the criteria for designation as a foreign terrorist organization as specified in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and (2) if the Secretary determines that the Haqqani Network does not meet such criteria, a detailed justification as to which of such criteria have not been met. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (d) Rule of Construction.--Nothing in this section may be construed to infringe upon the sovereignty of Pakistan to combat militant or terrorist groups operating inside the international boundaries of Pakistan.
Haqqani Network Terrorist Designation Act of 2012 - Requires the Secretary of State to report to Congress on whether the Haqqani Network (an insurgent network operating in Pakistan and Afghanistan) meets the criteria for designation as a foreign terrorist organization. States that nothing in this Act may be construed to infringe upon the sovereignty of Pakistan to combat militant or terrorist groups operating inside its boundaries.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Insurance for the Elderly Act of 1993''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR THE PURCHASE OF LONG-TERM CARE INSURANCE COVERAGE BY INDIVIDUALS WHO HAVE ATTAINED AGE 59\1/2\. Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to tax treatment of distributions from individual retirement accounts) is amended by adding at the end the following new paragraph: ``(8) Distributions to purchase long-term care insurance.-- ``(A) In general.--Paragraph (1) shall not apply to the applicable percentage of any amount paid or distributed out of an individual retirement account or individual retirement annuity to the individual for whose benefit the account or annuity is maintained if-- ``(i) the individual has attained age 59\1/ 2\ by the date of the payment or distribution, and ``(ii) the entire amount received (including money and any other property) is used within 90 days to purchase long-term care insurance for the benefit of the individual or the spouse of the individual (if the spouse has attained age 59\1/2\ by the date of the payment or distribution). ``(B) Applicable percentage.--For purposes of subparagraph (A), the term `applicable percentage' means in the case of a taxpayer whose adjusted gross income for the taxable year is-- ``(i) not greater than the minimum amount, 100 percent, ``(ii) greater than the minimum amount but not greater than the maximum amount, a percentage equal to-- ``(I) the difference between the maximum amount and such adjusted gross income, divided by ``(II) the difference between the maximum amount and the minimum amount, or ``(iii) greater than the maximum amount, zero percent. ``(C) Definitions.--For purposes of subparagraph (A)-- ``(i) Long-term care insurance.--The term `long-term care insurance' means an insurance policy which at a minimum, provides reimbursement for expenses incurred by, and services provided to, the beneficiary for catastrophic and long-term care at a nursing facility within the meaning of section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a)) and at the home of the beneficiary in the case of services of a homemaker/home health aide, personal care services, and nursing care provided by a licensed professional nurse. ``(ii) Minimum amount.--The term `minimum amount' means, with respect to any taxable year, $45,000 increased by an amount which is equal to $45,000 multiplied by the cost-of- living adjustment (as defined in section 1(f)(3)) for the calendar year in which the taxable year begins. ``(iii) Maximum amount.--The term `maximum amount' means, with respect to any taxable year, $100,000 increased by an amount which is equal to $100,000 multiplied by the cost-of- living adjustment (as defined in section 1(f)(3)) for the calendar year in which the taxable year begins. ``(iv) Rounding.--If any amount determined under clause (ii) or (iii) is not a multiple of $10, the amount shall be rounded to the nearest multiple of $10 (or if the amount is a multiple of $5 and not a multiple of $10, the amount shall be increased to the next multiple of $10).'' SEC. 3. REPORT TO CONGRESS ON MINIMUM STANDARDS FOR LONG-TERM CARE INSURANCE POLICIES. (a) In General.--Within 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue a report to the Congress after consultation with representatives of the following: (1) Consumer groups. (2) Insurance companies. (3) Long-term care facilities. (4) Hospitals. (5) Home health care agencies. (6) State commissioners of insurance. (b) Contents of Report.--The report required in subsection (a)-- (1) shall propose a regulatory program which provides for the application of minimum standards and requirements with respect to long-term care insurance policies, and (2) should analyze and evaluate-- (A) the various catastrophic and long-term care insurance policies available to individuals, and (B) any other areas of examination determined to be appropriate by the Secretary of Health and Human Services. SEC. 4. EFFECTIVE DATE. The amendment made by section 2 shall apply to amounts paid or distributed after the 1st day of the 1st calendar year which begins after the date of the enactment of this Act.
Long-Term Care Insurance for the Elderly Act of 1993 - Amends the Internal Revenue Code to allow tax-free distributions from an individual retirement account or an individual retirement annuity for the purchase of long-term care insurance coverage when: (1) the entire amount received is used to buy such insurance for the individual or individual's spouse within 90 days of its receipt; and (2) the individual or individual's spouse has reached age 59 and one-half by the date of the distribution. Describes the method, based on the taxpayer's adjusted gross income for the taxable year, for determining the applicable percentage of the distribution or payment amount to which tax-free treatment will be accorded. Requires the Secretary of Health and Human Services to submit to the Congress, within one year after this Act's enactment, a proposal for the regulation of long-term care insurance policies, including minimum standards and an evaluation of the various catastrophic and long-term care policies currently available.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Learning and Opportunity Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) The first 3 years of life are a critical period of brain development, intellectual growth, and emotional, social, affective, and moral development, that help determine the health and productivity of a child in later life. (2) Scientific research shows that how individuals function from preschool through adolescence and adulthood hinges to a significant extent on the experiences children have in their first 3 years of life. (3) One in 3 victims of physical abuse is a baby less than 1 year of age. (4) In 1993 the National Educational Goals Panel reported that nearly half of infants in the United States do not have what they need to grow and thrive. (5) High-quality care from a parent or other adult is necessary to facilitate growth and development. (6) More than 50 percent of mothers with children less than 1 year of age are working outside the home. (7) More than 50 percent of working women are not covered by the Family and Medical Leave Act of 1993, an Act that provides a 12-week, unpaid parental leave. (8) The United States is the only industrialized country in the world which does not provide paid maternity leave. Thirty developing countries provide paid maternity leave. (9) Five million children under age 3 are in the care of other adults while their parents work outside the home. (10) Parents of very young children have few child care service options. Many cannot afford to stay home with their children, or to pay for safe, high-quality developmental child care services. (11) Statewide and multistate studies have found that less than 20 percent of child care services for very young children is of good quality; nearly 50 percent is of such substandard quality that it adversely affects such children's development and may put their health and safety at risk. (12) Families with children less than 3 years of age are the single largest group living in poverty. Twenty-five percent of such children, 3,000,000 children, are living below the poverty line, are at greater risk for malnutrition, poor health, and maltreatment, and are less likely to receive the care they need from parents or other child care service providers to grow and develop normally. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to improve the quality, and to increase the availability, of child care services for children less than 3 years of age, (2) to improve the affordability of child care services available to such children, (3) to improve the quality, and to increase the availability, of services to assist families to nurture such children, and (4) to improve the coordination and effectiveness of existing programs that provide such services to such children and their families. TITLE I--EARLY LEARNING AND OPPORTUNITY GRANTS SEC. 101. GRANTS FOR SERVICES. (a) Authority To Make Grants.--The Secretary of Health and Human Services may make grants, on a competitive basis, to eligible States to improve the quality, and to increase the availability, of child care services for very young children and of support services for the families of such children. (b) Priority.--For the purpose of making grants under subsection (a), the Secretary shall give priority to eligible States to the extent that such State, as demonstrated in the application for a grant under such subsection-- (1) will minimize the administrative costs to be incurred to carry out the plan contained in such application, (2) has coordinated the activities described in the plan contained in such application, with providers of child care services for children between 3 and 6 years of age, and with providers of family support services for families of such children, located in the State, (3) has taken substantial legislative or executive action to reduce the duplication of, and barriers to providing, such services, and (4) during the fiscal year for which such grant is received, will reimburse such providers for such services at rates that reflect-- (A) the higher costs incurred by such providers who are accredited by national association that provides accreditation for providers of the respective types of such services and that is recognized by the Secretary, and (B) the higher costs incurred by such providers to provide child care services to children who are very young children. SEC. 102. ELIGIBILITY FOR GRANTS. To be eligible to receive a grant under section 101, a State shall submit to the Secretary an application that satisfies the following requirements: (1) Such application is prepared by the State after consultation with providers of child care services for very young children, and with providers of family support services for families of such children, located in the State. (2) Such application contains a plan that describes how the State will expend such grant to do 1 or more of the following: (A) To improve quality of child care services. (B) To improve licensing standards applicable to providers of child care services for very young children in the State by specifying matters that apply to providing child care services, such as child-to- staff ratios, group size, staff preparation and qualifications, ongoing staff training, health and safety, and linkages to parents and community services. (C) To improve enforcement of licensing standards applicable to providers of child care services for care for very young children in the State. (D) To improve salaries for caregivers of such child care services. (E) To support ongoing and more advanced training for such caregivers (including training to provide child care services for children with special needs) and to create incentives for individuals to obtain, and child care centers to employ individuals who have obtained, more advanced training in providing child care services. (F) To improve accessibility to child care services for very young children, including improving the quality of, and expanding the availability of, resource and referral services and transportation services for families with very young children. (G) To improve affordability of child care services for very young children. (H) To improve and expand support services to families with very young children. (I) To improve coordination of existing Federal and State programs that provide support services for families with very young children. (3) Such application shall contain assurances that-- (i) not more than 70 percent of the cost of carrying out the plan contained in such application will be paid with such grant together with any other available Federal funds, (ii) such grant will be used to supplement, not supplant, non-Federal funds otherwise available to provide child care services for very young children and support services for the families of such children, (iii) the State will expend in cash or in kind, from State resources (including private contributions and excluding resources available to local governmental entities) an amount not less than 30 percent of the amount of such grant, and (iv) such grant will be administered by the lead agency that is designated by the State under section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b). (4) Such application shall contain such other information and assurances as the Secretary may require by rule. SEC. 103. MODEL TRAINING PROGRAM FOR EMPLOYEES OF CHILD CARE PROVIDERS. The Secretary shall-- (1) by adapting the requirements in effect under section 1792(a) of title 10, United States Code, develop a voluntary model training program applicable to individuals who are employed as caregivers by providers of child care services, (2) make available to Head Start agencies and providers of child care services the model training code developed under paragraph (1), and (3) provide to such agencies and such providers technical assistance to implement such program. SEC. 104. DEFINITIONS. For purposes of this title: (1) Caregiver.--The term ``caregiver'' means an individual who provides a service directly to a child on a person-to- person basis. (2) Family support services.--The term ``family support services'' means community-based activities designed to promote parental competencies and behaviors that will increase the ability of families to successfully nurture their children. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Very young children.--The term ``very young children'' means children who are less than 3 years of age. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $360,000,000 for each of the fiscal years 1998, 1999, 2000, 2001, and 2002. TITLE II--AMENDMENT TO INTERNAL REVENUE CODE OF 1986 SEC. 201. REFERENCES. Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 202. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY. (a) General Rule.--Subsection (a) of section 954 (defining foreign base company income) is amended by striking ``and'' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ``, and'', and by adding at the end the following new paragraph: ``(6) imported property income for the taxable year (determined under subsection (h) and reduced as provided in subsection (b)(5)).'' (b) Definition of Imported Property Income.--Section 954 is amended by adding at the end the following new subsection: ``(h) Imported Property Income.-- ``(1) In general.--For purposes of subsection (a)(6), the term `imported property income' means income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with-- ``(A) manufacturing, producing, growing, or extracting imported property, ``(B) the sale, exchange, or other disposition of imported property, or ``(C) the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). ``(2) Imported property.--For purposes of this subsection-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `imported property' means property which is imported into the United States by the controlled foreign corporation or a related person. ``(B) Imported property includes certain property imported by unrelated persons.--The term `imported property' includes any property imported into the United States by an unrelated person if, when such property was sold to the unrelated person by the controlled foreign corporation (or a related person), it was reasonable to expect that-- ``(i) such property would be imported into the United States, or ``(ii) such property would be used as a component in other property which would be imported into the United States. ``(C) Exception for property subsequently exported.--The term `imported property' does not include any property which is imported into the United States and which-- ``(i) before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States, or ``(ii) is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. ``(3) Definitions and special rules.-- ``(A) Import.--For purposes of this subsection, the term `import' means entering, or withdrawal from warehouse, for consumption or use. Such term includes any grant of the right to use an intangible (as defined in section 936(b)(3)(B)) in the United States. ``(B) Unrelated person.--For purposes of this subsection, the term `unrelated person' means any person who is not a related person with respect to the controlled foreign corporation. ``(C) Coordination with foreign base company sales income.--For purposes of this section, the term `foreign base company sales income' shall not include any imported property income.'' (c) Separate Application of Limitations on Foreign Tax Credit for Imported Property Income.-- (1) In general.--Paragraph (1) of section 904(d) (relating to separate application of section with respect to certain categories of income) is amended by striking ``and'' at the end of subparagraph (H), by redesignating subparagraph (I) as subparagraph (J), and by inserting after subparagraph (H) the following new subparagraph: ``(I) imported property income, and''. (2) Imported property income defined.--Paragraph (2) of section 904(d) is amended by redesignating subparagraphs (H) and (I) as subparagraphs (I) and (J), respectively, and by inserting after subparagraph (G) the following new subparagraph: ``(H) Imported property income.--The term `imported property income' means any income received or accrued by any person which is of a kind which would be imported property income (as defined in section 954(h)).'' (3) Look-through rules to apply.--Subparagraph (F) of section 904(d)(3) is amended by striking ``or (E)'' and inserting ``(E), or (H)''. (d) Technical Amendments.-- (1) Clause (iii) of section 952(c)(1)(B) (relating to certain prior year deficits may be taken into account) is amended by inserting the following subclause after subclause (II) (and by redesignating the following subclauses accordingly): ``(III) imported property income,''. (2) Paragraph (5) of section 954(b) (relating to deductions to be taken into account) is amended by striking ``and the foreign base company oil related income'' and inserting ``the foreign base company oil related income, and the imported property income''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 1996, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end. (2) Subsection (c).--The amendments made by subsection (c) shall apply to taxable years beginning after December 31, 1996. TITLE III--AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT OF 1993 SEC. 301. 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 each amended by striking ``50'' each place it appears and inserting ``20''. SEC. 302. EFFECTIVE DATE. This title shall take effect 120 days after the date of the enactment of this Act. TITLE IV--AMENDMENTS TO THE HEAD START ACT SEC. 401. AUTHORIZATION OF APPROPRIATIONS. Section 639(a) of the Head Start Act (42 U.S.C. 9834(a)) is amended by inserting before the period at the end the following: ``, $4,900,000,000 for fiscal year 1999, $5,500,000,000 for fiscal year 2000, $6,100,000,000 for fiscal year 2001, and $6,700,000,000 for fiscal year 2002''. SEC. 402. ALLOTMENT OF FUNDS. (a) Training and Technical Assistance.--Section 640(a)(2)(C) of the Head Start Act (42 U.S.C. 9835(a)(2)(C)) is amended by striking ``2 percent'' and inserting ``3 percent''. (b) Programs for Families With Infants and Toddlers.--Section 640(a)(6) of the Head Start Act (42 U.S.C. 9835(a)(6)) is amended-- (1) by striking ``1997, and'' and inserting ``1997,'', and (2) by inserting after ``1998,'' the following: ``, 6 percent for fiscal year 1999, 7 percent for fiscal year 2000, 8 percent for fiscal year 2001, and 9 percent for fiscal year 2002''. SEC. 403. EFFECTIVE DATE. This title and the amendments made by this title shall take effect on October 1, 1997.
TABLE OF CONTENTS: Title I: Early Learning and Opportunity Grants Title II: Amendment to Internal Revenue Code of 1986 Title III: Amendment to Family and Medical Leave Act of 1993 Title IV: Amendments to the Head Start Act Early Learning and Opportunity Act of 1997 - Title I: Early Learning and Opportunity Grants - Authorizes the Secretary of Health and Human Services to make grants to eligible States to improve the quality and increase the availability of child care services, and of family support services, for families with children less than three years of age. (Sec. 103) Directs the Secretary to: (1) develop a voluntary model training program for employees of child care providers; (2) make available to Head Start agencies and child care providers the code developed for such model training program; and (3) provide technical assistance to such agencies and providers to implement it. (Sec. 105) Authorizes appropriations. Title II: Amendment to Internal Revenue Code of 1986 - Amends the Internal Revenue Code to include imported property income (except for foreign oil and gas related income, or property subsequently exported) as foreign base company income in the gross income of a U.S. shareholder of a controlled foreign corporation. Title III: Amendment to Family and Medical Leave Act of 1993 - Amends the Family and Medical Leave Act of 1993 to extend its coverage to employers with more than 20 employees (current law applies only to employers with more than 50 employees). Title IV: Amendment to the Head Start Act - Amends the Head Start Act to extend the authorization of appropriations. (Sec. 402) Revises a formula for allotment of certain training and technical assistance funds under such Act. Increases the amount of funds reserved for services to families with children less than three years of age (programs for families with infants and toddlers).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``No Cost Educational Resources Act''. SEC. 2. GRANTS. Section 262 of the Museum and Library Services Act (20 U.S.C. 9162) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``nationwide and to'' and inserting ``nationwide, to''; and (ii) by inserting ``, and to provide funding for open educational reading material courses'' after ``museums''; (B) in paragraph (3), by striking ``and'' at the end; (C) in paragraph (4), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(5) facilitating the adoption, adaption, and creation of open educational reading materials, and establishing more open educational reading material courses, pursuant to subsection (d).''; (2) in subsection (c), by striking ``The Director'' and inserting ``Except as provided in subsection (d), the Director''; and (3) by adding at the end the following: ``(d) Open Educational Reading Material Courses.-- ``(1) Definitions.--For purposes of this section: ``(A) The term `open educational reading material' means a free digital text that is publicly available to be downloaded and redistributed. ``(B) The term `open educational reading material course' means a science, technology, engineering, or math course offered by an institution of higher education that uses only open educational reading materials as the form of the required readings for the course. ``(2) Application.--To receive a grant under subsection (a)(5), an institution of higher education shall submit to the Director an application that includes-- ``(A) a description of how the institution of higher education-- ``(i) plans to facilitate the adoption, adaption, and creation of open educational reading materials by assigning leadership of the grant implementation to library administrators and librarians; ``(ii) has collaborated with science, technology, engineering, and mathematics department faculty in developing the application and plans to continue to collaborate with such faculty in implementing the grant projects; and ``(iii) plans to collaborate with other institutions of higher education to facilitate the wider adoption, adaption, and creation of open educational reading materials throughout the higher education community; and ``(B) a plan to review the quality of the open educational reading materials used at such institution of higher education. ``(3) Priority.--In awarding grants under subsection (a)(5), the Director shall give priority to an institution of higher education that-- ``(A) enrolls a high number of low-income or minority students, or both; and ``(B) plans-- ``(i) to assign a member of the faculty and a librarian to coordinate the implementation of open educational reading material courses; ``(ii) to use library resources to facilitate the use of open educational reading materials; ``(iii) to use open educational reading materials as the form of the required readings for science, technology, engineering, and mathematics courses with high enrollment; and ``(iv) to provide incentives for faculty to use only open educational reading materials as the form of the required readings for their courses, such as monetary awards or dedicated work time to adopt, adapt, or create such materials. ``(4) Report.--Not later than 2 years after the date on which the first grant is awarded under subsection (a)(5), the Director shall submit to Congress a report that includes-- ``(A) the number of grants awarded under subsection (a)(5); ``(B) an evaluation of the effect of such grants on increasing the number of science, technology, engineering, and mathematics courses using open educational reading materials as the form of required readings for such courses; and ``(C) an evaluation of the amount of money saved by students who enroll in open educational reading material courses in comparison to students who enroll in similar courses with required readings that are only available by purchase.''.
No Cost Educational Resources Act This bill amends the Museum and Library Services Act of 1996 to modify the National Leadership Grants for Libraries Program. Specifically, it expands the purposes of the grant program to include providing funds for open educational reading material courses. Additionally, the bill authorizes the Institute of Museum and Library Service to award grants to institutions of higher education to facilitate the adoption, adaption, and creation of open educational reading materials, and to establish more open educational reading material courses.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Weather Research Program Act of 2002''. SEC. 2. PROGRAM FOCUS. The focus of the United States Weather Research Program, an interagency program established under section 108 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 313 note), shall be on-- (1) hurricanes, floods, and heavy precipitation, including both snow and rain; (2) building on existing investments, including those of the National Weather Service modernization effort, to dramatically accelerate improvement in weather forecasts; (3) providing attention and resources in areas where progress can be made quickly and where the impact will be greatest; (4) establishing goals that can be attained by leveraging the resources of several agencies and through the collaborative scientific efforts of the operational and research communities in academia and government; and (5) making research grants to universities and other research institutions. SEC. 3. PROGRAM RESEARCH PRIORITIES. The research priorities of the United States Weather Research Program shall be in the areas of-- (1) hurricanes, to improve-- (A) landfall location forecasts; and (B) forecasts of hurricane strength; (2) heavy precipitation, to improve forecasts of both winter storms and rain storms through better prediction of timing, location, and intensity; (3) floods, to improve-- (A) flood forecasting by coupling precipitation forecasts with hydrologic prediction; and (B) forecasting and warning systems for inland flooding related to tropical cyclones, by-- (i) improving the capability to accurately forecast such flooding through research and modeling; (ii) developing, testing, and deploying a new flood warning index that will give the public and emergency management professionals fuller, clear, and more accurate information about the risks and dangers posed by expected tropical cyclone-related inland flooding; (iii) training emergency management officials, National Weather Service personnel, meteorologists, and others as appropriate regarding improved forecasting techniques for such flooding, risk management techniques, and use of the inland flood warning index developed under clause (ii); and (iv) conducting outreach and education activities for local meteorologists and the public regarding the dangers and risks associated with tropical cyclone-related inland flooding and the use and understanding of the inland flood warning index developed under clause (ii); (4) two-to-fourteen day forecasting, to-- (A) improve short and medium range numerical weather predictions and warnings of high-impact weather events; (B) conduct the Hemispheric Observing System Research and Predictability Experiment (THORpex) to fill observational gaps in the Northern Hemisphere; and (C) test and evaluate advanced data assimilation techniques in global models; (5) societal and economic impacts, to-- (A) identify methods of delivering weather information effectively and recommend ways to improve weather communications; (B) assess social and economic impacts of adverse weather ranging from disastrous to routine; (C) evaluate what weather information is most useful to public and private decision makers; and (D) perform research on societal and economic impact to ensure a connection between weather research and improvement of the human condition; and (6) testing research concepts at United States Weather Research Program-sponsored test bed centers in an environment identical to those used by operational meteorologists, to enable technology transfer to those operational meteorologists. SEC. 4. INTERAGENCY PLANNING AND PROCESS. The National Oceanic and Atmospheric Administration, as the lead agency of the United States Weather Research Program, shall coordinate and consult with the National Science Foundation, the National Aeronautics and Space Administration, other appropriate Federal agencies, and other appropriate entities to develop, and annually update, a five-year plan-- (1) describing how Federal agencies can best team with universities and other research institutions; (2) identifying social, economic, and military needs and requirements for weather information, as well as defining the research required to meet these needs; (3) outlining methods for dissemination of weather information to user communities; and (4) describing best practices for transferring United States Weather Research Program research results to forecasting operations. SEC. 5. REPORTING REQUIREMENTS. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report which shall include-- (1) the most recent five-year plan developed or updated under section 4, including the roles and funding to be provided by various Federal agencies in achieving the objectives of the plan; (2) a justification of any changes to the plan since the last transmittal under this section; (3) a detailed assessment of the extent to which the objectives of the plan have been achieved; and (4) a description of the research activities carried out under section 3(3)(B), along with an analysis of the success and acceptance of the inland flood warning index developed under section 3(3)(B)(ii) by the public and emergency management professionals. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Office of Atmospheric Research of the National Oceanic and Atmospheric Administration for carrying out this Act-- (1) for fiscal year 2003, $15,000,000, of which $1,150,000 shall be for the purposes described in section 3(3)(B); (2) for fiscal year 2004, $15,525,000, of which $1,200,000 shall be for the purposes described in section 3(3)(B); and (3) for fiscal year 2005, $16,100,000, of which $1,250,000 shall be for the purposes described in section 3(3)(B). (b) Forecasting Model Grants.--Of the amounts authorized under subsection (a) for the purposes described in section 3(3)(B)-- (1) $250,000 for fiscal year 2003; (2) $260,000 for fiscal year 2004; and (3) $270,000 for fiscal year 2005, shall be made available for competitive, merit-reviewed grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to develop models that can improve the ability to forecast coastal and estuary-inland flooding that is influenced by tropical cyclones. The models should incorporate the interaction of such factors as storm surges, soil saturation, and other relevant phenomena.
United States Weather Research Program Act of 2002 - States that the United States Weather Research Program's priorities shall be in the areas of: (1) hurricanes, to improve landfall location and hurricane strength forecasts; (2) heavy precipitation, to improve winter and rain storm forecasts; (3) floods, to improve flood forecasting and forecasting and warning systems for inland flooding related to tropical cyclones; (4) two-to-fourteen day forecasting, to improve weather predictions and warnings of high-impact weather events, to conduct the Hemispheric Observing System Research and Predictability Experiment (THORpex) to fill observational gaps in the Northern Hemisphere, and to test and evaluate advanced data assimilation techniques in global models; (5) societal and economic impacts, to identify methods of delivering weather information effectively, to recommend ways to improve weather communications, to assess impacts of adverse weather, to evaluate what weather information is most useful, and to perform research on such impacts; and (6) testing research concepts at Program-sponsored test bed centers, to enable technology transfer to operational meteorologists.Directs the National Oceanic and Atmospheric Administration (NOAA) to develop and annually update, and NOAA's Administrator to report to Congress on, a five-year plan: (1) describing how Federal agencies can best team with universities and other research institutions; (2) identifying social, economic, and military needs and requirements for weather information; (3) outlining methods for disseminating information to user communities; and (4) describing best practices for transferring Program research results to forecasting operations.
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SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``California Coastal National Monument Expansion Act of 2013''. (b) Definitions.--In this Act: (1) Map.--The term ``map'' means the map created by the Bureau of Land Management, entitled ``California Coastal National Monument Addition'' and dated September 15, 2012. (2) Monument.--The term ``Monument'' means the California Coastal National Monument established by Presidential Proclamation 7264. (3) Point arena-stornetta public lands.--The term ``Point Arena-Stornetta Public Lands'' means the Federal land comprising approximately 1,255 acres in Mendocino County, California, as generally depicted on the map. (4) Presidential proclamation 7264.--The term ``Presidential Proclamation 7264'' means Presidential Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. PURPOSE. The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, economic and recreational values of the Point Arena-Stornetta Public Lands, while allowing certain recreational, research and traditional ecomomic activities or uses, such as grazing, to continue. SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT. (a) In General.--The boundary of the Monument established by Presidential Proclamation 7264 is expanded to include the Federal land shown on the map. (b) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and boundary description of land added to the Monument by this Act. (2) Force and effect.--The map and boundary description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the map and boundary descriptions. (3) Availability of map and boundary description.--The map and boundary description filed under paragraph (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall manage the land added to the Monument by this Act-- (1) as a part of the Monument; and (2) in accordance with Presidential Proclamation 7264, except that-- (A) traditional economic activities and existing uses, such as grazing and the maintenance of existing structures that are used for grazing, shall not be restricted; and (B) lands and interests in land within the proposed land addition not owned by the United States shall not be part of the monument and the future acquisition of those lands and interests in lands by the United States may occur only through donation or exchange with the written consent of the landowner. (b) Management Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall finalize an amendment to the Monument management plan for the long-term protection and management of the land added to the Monument by this Act. (2) Requirements.--The plan amendment shall-- (A) be developed with an opportunity for full public participation; and (B) describe the appropriate uses and management of the land consistent with this Act. (c) Motorized and Mechanized Transport.--Except as needed for emergency or authorized administrative purposes, the use of motorized and mechanized vehicles in the Monument shall be permitted only on roads and trails designated for that use. (d) Incorporation of Land and Interests.-- (1) Authority.--The Secretary may acquire non-Federal land or interests in land within or adjacent to the land added to the Monument by this Act only through exchange, or donation with the written consent of the landowner, and such non-Federal land shall not be included within the boundaries of the Monument absent written consent of the landowner. (2) Management.--Any land or interests in land within or adjacent to the land added to the Monument by this Act acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Monument. (3) Access to private property.--The addition of lands under this Act to the Monument may not result in a lack of or restricted access by motorized vehicle to any non-Federal lands within the Monument. (e) Overflights.--Nothing in this Act-- (1) restricts or precludes overflights, including low-level overflights or military, commercial, and general aviation overflights that can be seen or heard within the land added to the Monument by this Act; (2) restricts or precludes the designation or creation of new units of special use airspace or the establishment of military flight training routes over the land added to the Monument by this Act; or (3) modifies regulations governing low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary. (f) Law Enforcement.--Nothing in this Act effects the law enforcement authorities of the Department of Homeland Security. (g) Native American Uses.--Nothing in this Act enlarges, diminishes, or modifies the rights of any Indian tribe or Indian religious community. (h) Buffer Zones.-- (1) In general.--The expansion of the Monument is not intended to lead to the establishment of protective perimeters or buffer zones around the land included in the Monument by this Act. (2) Activities outside the monument.--The fact that activities outside the Monument can be seen or heard within the land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the boundary of the Monument. (i) Grazing.--Nothing in this Act affects the grazing of livestock and the maintenance of existing structures that are used for grazing within the Point Arena-Stornetta Public Lands or the Monument. (j) National Landscape Conservation System.--The Secretary shall manage the Monument as part of the National Landscape Conservation System. Passed the House of Representatives July 22, 2013. Attest: KAREN L. HAAS, Clerk.
(This measure has not been amended since it was reported to the House on July 8, 2013. California Coastal National Monument Expansion Act of 2013 - Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Point Arena-Stornetta public lands in Mendocino County, California. Requires management of such lands in accordance with such Proclamation, and as part of the Monument, except that: (1) traditional economic activities and existing uses, such as grazing and maintenance of existing structures used for grazing, shall not be restricted; and (2) lands and interests in land within the proposed land addition not owned by the federal government shall not become part of the Monument, and the future acquisition of such lands and interests by the government may only occur through donation or exchange with the landowner's written consent. Instructs the Secretary of the Interior to finalize an amendment to the Monument's management plan for the long-term protection and management of the lands added to the Monument under this Act. Requires the plan amendment to be developed with an opportunity for full public participation. Permits the use of motorized and mechanized vehicles in the Monument only on roads and trails designated for such use, except as needed for emergency or authorized administrative purposes. Authorizes the Secretary of the Interior to acquire non-federal land or interests within or adjacent to the land added to the Monument only through exchange, or donation with the landowner's written consent. Bars the inclusion of non-federal land within the boundaries of the Monument without such consent. Requires any such acquired land or interests to be added to and administered as part of the Monument. Prohibits the addition of lands to the Monument under this Act from resulting in a lack of or restricted access by motorized vehicle to any non-federal lands within the Monument. Declares that nothing in this Act: (1) restricts or precludes low-level military, commercial, and general aviation overflights; (2) affects law enforcement authorities of the Department of Homeland Security (DHS); (3) enlarges, diminishes, or modifies the rights of any Indian tribes and Indian religious communities; or (4) affects livestock grazing and the maintenance of existing structures used for grazing with the Point Arena-Stornetta Public Lands or the Monument. States that: (1) the expansion of the Monument is not intended to lead to the establishment of protective perimeters and buffer zones around the land included in the Monument by this Act; and (2) the fact that activities outside the Monument can be seen or heard within the land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the Monument's boundary. Requires management of the Monument as part of the National Landscape Conservation System.
{"src": "billsum_train", "title": "California Coastal National Monument Expansion Act of 2013"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Neotropical Migratory Bird Conservation Improvement Act of 2005''. SEC. 2. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT. (a) Findings.--Section 2(1) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``, but breed in Canada and the United States'' after ``the Caribbean''. (b) Purposes.--Section 3(2) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6102(2)) is amended by inserting ``Canada,'' after ``United States,''. (c) Definition of Caribbean.--Section 4 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6103) is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) by striking paragraph (1) and inserting the following: ``(1) Caribbean.--The term `Caribbean' includes Puerto Rico and the United States Virgin Islands.''; and (3) by inserting after paragraph (2) the following: ``(3) Fund.--The term `Fund' means the Neotropical Migratory Bird Conservation Fund established by section 9(a).''. (d) Project Proposals.--Section 5(c)(2) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6104(c)(2)) is amended by inserting ``Canada,'' after ``United States,''. (e) Cost Sharing.--Section 5(e) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6104(e)) is amended-- (1) in paragraph (1), by striking ``25 percent'' and inserting ``50 percent''; and (2) in paragraph (2), by striking subparagraph (B) and inserting the following: ``(B) Form of payment.-- ``(i) Projects in the united states and canada.--The non-Federal share required to be paid for a project carried out in the United States or Canada shall be paid in cash. ``(ii) Projects in latin america and the caribbean.--The non-Federal share required to be paid for a project carried out in Latin America or the Caribbean may be paid in cash or in kind.''. (f) Report.--Section 8 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6107) is amended-- (1) by striking ``October 1, 2002,'' and inserting ``2 years after the date of enactment of the Neotropical Migratory Bird Conservation Improvement Act of 2005,''; (2) by striking ``this Act, including recommendations'' and inserting ``this Act that includes-- ``(1) recommendations''; (3) by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(2) a description of the activities of the advisory group convened under section 7(b).''. (g) Neotropical Migratory Bird Conservation Fund.-- (1) In general.--Section 9 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6108) is amended-- (A) by striking the section heading and all that follows through subsection (b) and inserting the following: ``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND. ``(a) Establishment.--There is established in the Treasury a separate account to be known as the `Neotropical Migratory Bird Conservation Fund', which shall consist of amounts deposited in the Fund by the Secretary of the Treasury under subsection (b). ``(b) Deposits in the Fund.--The Secretary of the Treasury shall deposit into the Fund-- ``(1) all amounts received by the Secretary in the form of donations under subsection (d); and ``(2) other amounts appropriated to the Fund.''; and (B) in subsections (c) and (d), by striking ``Account'' each place it appears and inserting ``Fund''. (2) Administrative expenses.--Section 9(c)(2) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6108(c)(2)) is amended by striking ``$80,000'' and inserting ``$150,000''. (3) Transfer.--The Secretary of the Treasury shall transfer to the Neotropical Migratory Bird Conservation Fund amounts that were in the Neotropical Migratory Bird Conservation Account immediately before the date of enactment of this Act. (h) Authorization of Appropriations.--Section 10 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6109) is amended to read as follows: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to the Fund to carry out this Act-- ``(1) $5,000,000 for each of fiscal years 2006 and 2007; ``(2) $8,000,000 for fiscal year 2008; and ``(3) $10,000,000 for each of fiscal years 2009 and 2010. ``(b) Availability.--Amounts made available under this section shall remain available until expended. ``(c) Allocation.--Of amounts made available under this section for a fiscal year, not less than 75 percent shall be expended for projects carried out outside the United States.''.
Neotropical Migratory Bird Conservation Improvement Act of 2005 - Amends the Neotropical Migratory Bird Conservation Act to apply to migratory bird species from Canada. Increases (from 25 to 50 percent) the federal share of costs for funded projects. Prescribes forms of payment for projects undertaken in the United States and Canada and for projects undertaken in Latin America and the Caribbean. Revises the reporting requirements under this Act to require the Secretary of the Interior to: (1) report to Congress not later than two years after the enactment of this Act; and (2) include a description of the activities of the advisory group convened by the Secretary. Replaces provisions establishing the Neotropical Migratory Bird Conservation Account within the Multinational Species Conservation Fund with provisions establishing the Neotropical Migratory Bird Conservation Fund and directs the Secretary of the Treasury to transfer Account amounts to such Fund. Authorizes appropriations to the Fund through FY2010. Requires not less than 75 percent of such appropriations to be used for projects outside the United States. Increases the amount of funds that the Secretary may expend to administer the Act.
{"src": "billsum_train", "title": "A bill to reauthorize the Neotropical Migratory Bird Conservation Act, and for other purposes."}
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SECTION 1. CONSOLIDATION OF LIFE INSURANCE COMPANIES WITH OTHER COMPANIES PERMITTED. (a) In General.--Section 1504(b) of the Internal Revenue Code of 1986 (defining includible corporation) is amended by striking paragraph (2) and by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively. (b) Conforming Amendments.-- (1) Section 1503 of such Code is amended by striking subsection (c) (relating to special rule for application of certain losses against income of insurance companies taxed under section 801) and by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively. (2) Section 1504 of such Code is amended by striking subsection (c) and by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. (d) Phase-In of Application of Certain Losses Against Income of Insurance Companies.--For taxable years beginning after December 31, 2000, and before January 1, 2007-- (1) In general.--If-- (A) an affiliated group includes 1 or more domestic insurance companies each of which is subject to tax under section 801 of the Internal Revenue Code of 1986, (B) the common parent of such group has elected to treat all such companies as includible corporations, and (C) the consolidated taxable income of the members of the group not taxed under such section 801 results in a consolidated net operating loss for such taxable year, then, under regulations prescribed by the Secretary of the Treasury or his delegate, the amount of such loss which cannot be absorbed in the applicable carryback periods against the taxable income of such members not taxed under such section 801 shall be taken into account in determining the consolidated taxable income of the affiliated group for such taxable year to the extent of the applicable percentage of such loss or the applicable percentage of the taxable income of the members taxed under such section 801, whichever is less. The unused portion of such loss shall be available as a carryover, subject to the same limitations (applicable to the sum of the loss for the carryover year and the loss (or losses) carried over to such year), in applicable carryover years. (2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage shall be determined in accordance with the following table: For taxable years beginning in: The applicable percentage is: 2001................................................... 40 2002................................................... 50 2003................................................... 60 2004................................................... 70 2005................................................... 80 2006................................................... 90. (e) Election for Pre-2007 Years of Groups With Insurance Companies.--For taxable years beginning after December 31, 2000, and before January 1, 2007, the common parent of an affiliated group which includes 1 or more domestic insurance companies subject to tax under section 801 of such Code may elect to treat all such insurance companies as corporations which are not includible corporations within the meaning of subsection (b) of section 1504 of such Code, if, as of the date of the enactment of this section-- (1) such affiliated group included 1 or more insurance companies subject to tax under section 801 of such Code, and (2) no additional election was in effect under section 1504(c)(2) of such Code (as in effect on the day before the date of the enactment of this Act). (f) No Carryback Before January 1, 2001.--To the extent that a consolidated net operating loss is allowed or increased by reason of the amendments made by this section, such loss may not be carried back to a taxable year beginning before January 1, 2001. (g) Nontermination of Group.--No affiliated group shall terminate solely as a result of the amendments made by this section. (h) Subsidiary Stock Basis Adjustments.--A parent corporation's basis in the stock of a subsidiary corporation shall be adjusted to reflect the preconsolidation income, gain, deduction and loss incurred during a period when such corporations were members of an affiliated group (determined without regard to section 1504(b)(2) of such Code as in effect on the day before the date of enactment of this Act) but were not included in a consolidated return of such group by operation of section 1504(c)(2)(A) of such Code (as in effect on the day before the date of the enactment of this Act). (i) Waiver of 5-Year Waiting Period.--Under regulations prescribed by the Secretary of the Treasury or his delegate, an automatic waiver from the 5-year waiting period for reconsolidation provided in section 1504(a)(3) of such Code shall be granted to any corporation which was previously an includible corporation but was subsequently deemed a nonincludible corporation as a result of becoming a subsidiary of a corporation which was not an includible corporation solely by operation of section 1504(c)(2) of such Code (as in effect on the day before the date of the enactment of this Act).
Amends the Internal Revenue Code to include life insurance companies as an "includible corporation" for purposes of filing consolidated tax returns.Permits an affiliated group which includes at least one domestic insurance company that elects to file a consolidated return rather than pay tax under certain life insurance provisions to use a phased-in percentage of insurance company net operating loss in determining its own taxable income. (Permits unused loss carryover.)Provides for: (1) subsidiary stock basis adjustment; and (2) waiver of the five-year reconsolidation waiting period for certain formerly includible corporations which became nonincludible as a result of becoming a subsidiary of a nonincludible life insurance company.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to permit the consolidation of life insurance companies with other companies."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate Tax Relief Act of 2001''. SEC. 2. MAXIMUM ESTATE AND GIFT TAX RATE REDUCED TO 45 PERCENT. (a) In General.--The table contained in section 2001(c)(1) of the Internal Revenue Code of 1986 is amended by striking the four highest brackets and inserting the following: ``Over $1,500,000.............. $555,800, plus 45% of the excess over $1,500,000.''. (b) Repeal of Phaseout of Graduated Rates.-- (1) In general.--Subsection (c) of section 2001 of such Code is amended by striking paragraph (2). (2) Conforming amendment.--Section 2001(c) is amended by striking ``(1) In general.--'' and moving the text 2 ems to the left. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2000. SEC. 3. UNIFIED CREDIT AGAINST ESTATE AND GIFT TAXES REPLACED WITH UNIFIED EXEMPTION AMOUNT. (a) In General.-- (1) Estate tax.--Subsection (b) of section 2001 of the Internal Revenue Code of 1986 (relating to computation of tax) is amended to read as follows: ``(b) Computation of Tax.-- ``(1) In general.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(A) the tentative tax determined under paragraph (2), over ``(B) the aggregate amount of tax which would have been payable under chapter 12 with respect to gifts made by the decedent after December 31, 1976, if the provisions of subsection (c) (as in effect at the decedent's death) had been applicable at the time of such gifts. ``(2) Tentative tax.--For purposes of paragraph (1), the tentative tax determined under this paragraph is a tax computed under subsection (c) on the excess of-- ``(A) the sum of-- ``(i) the amount of the taxable estate, and ``(ii) the amount of the adjusted taxable gifts, over ``(B) the exemption amount. ``(3) Exemption amount.--For purposes of paragraph (2), the term `exemption amount' means $10,000,000. ``(4) Adjusted taxable gifts.--For purposes of paragraph (2), the term `adjusted taxable gifts' means the total amount of the taxable gifts (within the meaning of section 2503) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent.''. (2) Gift tax.--Subsection (a) of section 2502 of such Code (relating to computation of tax) is amended to read as follows: ``(a) Computation of Tax.-- ``(1) In general.--The tax imposed by section 2501 for each calendar year shall be the amount equal to the excess (if any) of-- ``(A) the tentative tax determined under paragraph (2) for such calendar year, over ``(B) the aggregate amount of tax that would have been payable under this chapter with respect to gifts made by the donor in preceding calendar periods if the tax had been computed under the provisions of section 2001(c) as in effect for such calendar year. ``(2) Tentative tax.--For purposes of paragraph (1), the tentative tax determined under this paragraph for a calendar year is a tax computed under section 2001(c) on the excess of-- ``(A) the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over ``(B) the exemption amount under section 2001(b)(3) for such calendar year.''. (b) Repeal of Unified Credits.-- (1) Section 2010 of such Code (relating to unified credit against estate tax) is hereby repealed. (2) Section 2505 of such Code (relating to unified credit against gift tax) is hereby repealed. (c) Conforming Amendments.-- (1)(A) Subsection (b) of section 2011 of such Code is amended-- (i) by striking ``adjusted'' in the table; and (ii) by striking the last sentence. (B) Subsection (f) of section 2011 of such Code is amended by striking ``, reduced by the amount of the unified credit provided by section 2010''. (2) Subsection (a) of section 2012 of such Code is amended by striking ``and the unified credit provided by section 2010''. (3) Subparagraph (A) of section 2013(c)(1) of such Code is amended by striking ``2010,''. (4) Paragraph (2) of section 2014(b) of such Code is amended by striking ``2010, 2011,'' and inserting ``2011''. (5) Clause (ii) of section 2056A(b)(12)(C) of such Code is amended to read as follows: ``(ii) to treat any reduction in the tax imposed by paragraph (1)(A) by reason of the credit allowable under section 2010 (as in effect on the day before the date of the enactment of the Estate Tax Relief Act of 2001) or the exemption amount allowable under section 2001(b) with respect to the decedent as a credit under section 2505 (as so in effect) or exemption under section 2501 (as the case may be) allowable to such surviving spouse for purposes of determining the amount of the exemption allowable under section 2501 with respect to taxable gifts made by the surviving spouse during the year in which the spouse becomes a citizen or any subsequent year,''. (6)(A) Section 2057 of such Code is repealed and the table of sections for part IV of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2057. (B) Paragraph (10) of section 2031(c) of such Code is amended by inserting ``(as in effect on the day before the date of the enactment of this parenthetical)'' before the period. (7) Subsection (b) of section 2101 of such Code is amended to read as follows: ``(b) Computation of Tax.-- ``(1) In general.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(A) the tentative tax determined under paragraph (2), over ``(B) a tentative tax computed under section 2001(c) on the amount of the adjusted taxable gifts. ``(2) Tentative tax.--For purposes of paragraph (1), the tentative tax determined under this paragraph is a tax computed under section 2001(c) on the excess of-- ``(A) the sum of-- ``(i) the amount of the taxable estate, and ``(ii) the amount of the adjusted taxable gifts, over ``(B) the exemption amount for the calendar year in which the decedent died. ``(3) Exemption amount.-- ``(A) In general.--The term `exemption amount' means $60,000. ``(B) Residents of possessions of the united states.--In the case of a decedent who is considered to be a nonresident not a citizen of the United States under section 2209, the exemption amount under this paragraph shall be the greater of-- ``(i) $60,000, or ``(ii) that proportion of $175,000 which the value of that part of the decedent's gross estate which at the time of his death is situated in the United States bears to the value of his entire gross estate wherever situated. ``(C) Special rules.-- ``(i) Coordination with treaties.--To the extent required under any treaty obligation of the United States, the exemption amount allowed under this paragraph shall be equal to the amount which bears the same ratio to the exemption amount under section 2001(b)(3) (for the calendar year in which the decedent died) as the value of the part of the decedent's gross estate which at the time of his death is situated in the United States bears to the value of his entire gross estate wherever situated. For purposes of the preceding sentence, property shall not be treated as situated in the United States if such property is exempt from the tax imposed by this subchapter under any treaty obligation of the United States. ``(ii) Coordination with gift tax exemption and unified credit.--If an exemption has been allowed under section 2501 (or a credit has been allowed under section 2505 as in effect on the day before the date of the enactment of the Estate Tax Relief Act of 2001) with respect to any gift made by the decedent, each dollar amount contained in subparagraph (A) or (B) or the exemption amount applicable under clause (i) of this subparagraph (whichever applies) shall be reduced by the exemption so allowed under section 2501 (or, in the case of such a credit, by the amount of the gift for which the credit was so allowed).''. (8) Section 2102 of such Code is amended by striking subsection (c). (9)(A) Paragraph (1) of section 2107(a) of such Code is amended by striking ``the table contained in''. (B) Paragraph (1) of section 2107(c) of such Code is amended to read as follows: ``(1) Exemption amount.--For purposes of subsection (a), the exemption amount under section 2001 shall be $60,000.'' (C) Paragraph (3) of section 2107(c) of such Code is amended by striking the second sentence. (D) The heading of subsection (c) of section 2107 of such Code is amended to read as follows: ``(c) Exemption Amount and Credits.--''. (10) Paragraph (1) of section 6018(a) of such Code is amended by striking ``the applicable exclusion amount in effect under section 2010(c)'' and inserting ``the exemption amount under section 2001(b)(3)''. (11) Subparagraph (A) of section 6601(j)(2) of such Code is amended to read as follows: ``(A) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were $1,000,000, or''. (12) The table of sections for part II of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2010. (13) The table of sections for subchapter A of chapter 12 of such Code is amended by striking the item relating to section 2505. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying and gifts made after December 31, 2000. SEC. 4. INCREASE IN ANNUAL GIFT EXCLUSION AMOUNT. (a) In General.--Paragraph (1) of section 2503(b) of the Internal Revenue Code of 1986 (relating to general exclusion from gifts) is amended by striking ``$10,000'' and inserting ``$50,000''. (b) Inflation Adjustment.--Paragraph (2) of section 2503(b) of such Code is amended-- (1) by striking ``$10,000'' both places it appears and inserting ``$50,000'', (2) by striking ``1998'' and inserting ``2001'', and (3) by striking ``1997'' and inserting ``2000''. (c) Conforming Amendment.--Section 2523(i)(2) of such Code is amended by striking ``$10,000'' and inserting ``$50,000''. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying and gifts made after December 31, 2000.
Estate Tax Relief Act of 2001 - Amends the Internal Revenue Code to: (1) reduce the maximum estate and gift tax rate to 45 percent; (2) replace the unified credit against the estate and gift taxes with a unified exemption amount of $10 million; and (3) increase from $10,000 to $50,000 the annual gift exclusion amount.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce the maximum estate and gift tax rate to 45 percent, to replace the unified credit against the estate and gift tax with a unified exemption amount, and to increase the gift exclusion amount."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Education Development Initiative for the 21st Century Act''. SEC. 2. PURPOSE. The purpose of this Act is to provide rural school students in the United States with increased learning opportunities. SEC. 3. FINDINGS. Congress makes the following findings: (1) While there are rural education initiatives identified at the State and local level, no Federal education policy focuses on the specific needs of rural school districts and schools, especially those that serve poor students. (2) Under Federal law, there is no consistent definition for rural schools, rural school districts, or rural local educational agencies. (3) The National Center for Educational Statistics (NCES) reports that 46 percent of our Nation's public schools serve rural areas. (4) A critical problem for rural school districts involves the hiring and retention of qualified administrators and certified teachers (especially in science and mathematics). Consequently, teachers in rural schools are almost twice as likely to provide instruction in 3 or more subjects than teachers in urban schools. Rural schools also face other tough challenges, such as shrinking local tax bases, high transportation costs, aging buildings, limited course offerings, and limited resources. (5) Data from the National Assessment of Educational Progress (NAEP) consistently show large gaps between the achievement of students in high-poverty schools and those in other schools. High-poverty schools will face special challenges in preparing their students to reach high standards of performance on State and national assessments. SEC. 4. DEFINITIONS. In this Act: (1) Elementary school; local educational agency; secondary school; state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency that serves-- (A) a school-age population, 20 percent or more of whom are from families with incomes below the poverty line; and (B)(i) a school district that is located in a rural locality; or (ii) a school-age population of 800 or fewer. (3) Metropolitan statistical area.--The term ``metropolitan statistical area'' includes the area defined as such by the Secretary of Commerce. (4) Poverty line.--The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (5) Rural locality.--The term ``rural locality'' means a locality that is not within a metropolitan statistical area. (6) School-age population.--The term ``school-age population'' means the number of students aged 5 through 17. (7) Secretary.--The term ``Secretary'' means the Secretary of Education. (8) Specially qualified agency.--The term ``specially qualified agency'' means an eligible local educational agency, located in a State that does not participate in a program under this Act in a fiscal year, that may apply directly to the Secretary for a grant in such year in accordance with section 5(b)(3). SEC. 5. PROGRAM AUTHORIZED. (a) Reservations.--From amounts appropriated under section 9 for a fiscal year, the Secretary shall reserve 0.5 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this Act. (b) Grants to States.-- (1) In general.--From amounts appropriated under section 9 that are not reserved under subsection (a), the Secretary shall award grants to State educational agencies that have applications approved under section 7 to enable the State educational agencies to award grants to eligible local educational agencies or schools described in section 6(b)(2) for local authorized activities described in subsection (c). (2) Formula.--The Secretary shall allot to each State educational agency an amount that bears the same relation to the amount of funds appropriated under section 9 that are not reserved under subsection (a) as the number of students served by eligible local educational agencies in the State bears to the number of all students served by eligible local educational agencies in all States. (3) Direct awards to specially qualified agencies.-- (A) Nonparticipating state.--If a State educational agency elects not to participate in the program under this Act or does not have an application approved under section 7, a specially qualified agency in such State desiring a grant under this Act shall apply directly to the Secretary to receive an award under this Act. (B) Direct awards to specially qualified agencies.--The Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to specially qualified agencies in the State. (c) Local Activities.--Grant funds awarded to local educational agencies or made available to schools under this Act shall be used for-- (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs. SEC. 6. STATE DISTRIBUTION OF FUNDS. (a) Award Basis.--A State educational agency shall award grants to eligible local educational agencies or provide assistance to schools described in subsection (b)(2)-- (1) on a competitive basis; or (2) according to a formula based on the number of students served by the eligible local educational agencies or schools (as appropriate) in the State, as determined by the State. (b) First Year.--For the first year that a State educational agency receives a grant under this Act, the State educational agency-- (1) shall use not less than 90 percent of the grant funds to award grants to eligible local educational agencies in the State; (2) shall use not more than 9 percent of the grant funds to provide assistance to schools located in a noneligible local educational agency if the school-- (A) is located in a rural community that has a population of 2,500 or less, or a rural community with a population density of less than 1,000 people per square mile; and (B) serves a school-age population, 20 percent or more of whom are from families with incomes below the poverty line; and (3) may use not more than 1 percent for State activities and administrative costs related to the program. (c) Succeeding Years.--For the second and each succeeding year that a State educational agency receives a grant under this Act, the State educational agency-- (1) shall use not less than 90 percent of the grant funds to award grants to eligible local educational agencies in the State; (2) shall use not more than 9.5 percent of the grant funds to provide assistance to a school described in subsection (b)(2); and (3) may use not more than 0.5 percent of the grant funds for State activities and administrative costs related to the program. SEC. 7. APPLICATIONS. Each State educational agency and specially qualified agency desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall include specific measurable goals and objectives to be achieved which may include specific educational goals and objectives relating to increased student academic achievement, decreased student drop-out rates, or such other factors that the State educational agency or specially qualified agency may choose to measure. SEC. 8. REPORTS. (a) State Reports.--Each State educational agency that receives a grant under this Act shall provide an annual report to the Secretary. The report shall describe-- (1) the method the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this Act; (2) how local educational agencies and schools used funds provided under this Act; and (3) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 7. (b) Specially Qualified Agency Report.--Each specially qualified agency that receives a grant under this Act shall provide an annual report to the Secretary. Such report shall describe-- (1) how such agency uses funds provided under this Act; and (2) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 5(b)(3)(A). (c) Report to Congress.--The Secretary shall prepare and submit to Congress an annual report. The report shall describe-- (1) the methods the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this Act; (2) how eligible local educational agencies and schools used funds provided under this Act; and (3) progress made in meeting specific measurable educational goals and objectives. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $300,000,000 for each of the fiscal years 2000 through 2004.
Rural Education Development Initiative for the 21st Century Act - Directs the Secretary of Education to make grants to States for elementary and secondary education development by local educational agencies (LEAs) that are eligible because they serve: (1) a school-age population of whom 20 percent or more are from families with incomes below the poverty line; and (2) a school district in a rural locality, or a school-age population of 800 or fewer. Reserves a specified portion of grant funds for schools operated by the Bureau of Indian Affairs. Sets forth an allotment formula for grants to State educational agencies (SEAs) to make grants to eligible LEAs. Authorizes the Secretary to make direct competitive grants to specially qualified eligible rural LEAs in nonparticipating States. Requires LEAs or their schools to use grant funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs. Requires SEAs to award grants on a competitive or formula basis. Requires that at least 90 percent of such funds be awarded to eligible LEAs. Allows specified portions of the remainder to be used for: (1) assistance to schools that meet certain eligibility criteria, even though they are in noneligible LEAs; and (2) State activities and administrative costs related to the grant program. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Open and Accountable Campaign Financing Act of 2000''. TITLE I--DISCLOSURE SEC. 101. ADDITIONAL MONTHLY AND QUARTERLY DISCLOSURE REPORTS. (a) Principal Campaign Committees.-- (1) Monthly reports.--Section 304(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)) is amended by striking clause (iii) and inserting the following: ``(iii) additional monthly reports, which shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that monthly reports shall not be required under this clause in November and December and a year end report shall be filed not later than January 31 of the following calendar year.''. (2) Quarterly reports.--Section 304(a)(2)(B) of such Act is amended by striking ``the following reports'' and all that follows through the period and inserting ``the treasurer shall file quarterly reports, which shall be filed not later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter, except that the report for the quarter ending December 31 shall be filed not later than January 31 of the following calendar year.''. (b) National Committee of a Political Party.--Section 304(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(4)) is amended by adding at the end the following flush sentence: ``Notwithstanding the preceding sentence, a national committee of a political party shall file the reports required under subparagraph (B).''. (c) Conforming Amendments.-- (1) Section 304.--Section 304(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended-- (A) in paragraph (3)(A)(ii), by striking ``quarterly reports'' and inserting ``monthly reports''; and (B) in paragraph (8), by striking ``quarterly report under paragraph (2)(A)(iii) or paragraph (4)(A)(i)'' and inserting ``monthly report under paragraph (2)(A)(iii) or paragraph (4)(A)''. (2) Section 309.--Section 309(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(b)) by striking ``calendar quarter'' and inserting ``month''. SEC. 102. REPORTING BY NATIONAL POLITICAL PARTY COMMITTEES. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following: ``(d) Political Committees.-- ``(1) National and congressional political committees.--The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements during the reporting period. ``(2) Itemization.--If a political committee has receipts or disbursements to which this subsection applies from any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same manner as required in paragraphs (3)(A), (5), and (6) of subsection (b). ``(3) Reporting periods.--Reports required to be filed under this subsection shall be filed for the same time periods required for political committees under subsection (a).''. SEC. 103. INCREASED ELECTRONIC DISCLOSURE. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 102, is amended by adding at the end the following: ``(e) Internet Availability.--The Commission shall make the information contained in the reports submitted under this section available on the Internet and publicly available at the offices of the Commission as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission.''. SEC. 104. PUBLIC ACCESS TO BROADCASTING RECORDS. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and inserting after subsection (b) the following: ``(c) Political Record.-- ``(1) In general.--A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that-- ``(A) is made by or on behalf of a legally qualified candidate for public office; or ``(B) communicates a message relating to any political matter of national importance, including-- ``(i) a legally qualified candidate; ``(ii) any election to Federal office; or ``(iii) a national legislative issue of public importance. ``(2) Contents of record.--A record maintained under paragraph (1) shall contain information regarding-- ``(A) whether the request to purchase broadcast time is accepted or rejected by the licensee; ``(B) the rate charged for the broadcast time; ``(D) the date and time that the communication is aired; ``(E) the class of time that is purchased; ``(F) the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable); ``(G) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ``(H) in the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. ``(3) Time to maintain file.--The information required under this subsection shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years.''. TITLE II--SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CONTRIBUTION LIMITS SEC. 201. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY COMMITTEES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 324. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY COMMITTEES. ``(a) Limitation.--A national committee of a political party, a congressional campaign committee of a national party, or an entity directly or indirectly established, financed, maintained, or controlled by such committee shall not accept a donation, gift, or transfer of funds of any kind (not including transfers from other committees of the political party or contributions), during a calendar year, from a person (including a person directly or indirectly established, financed, maintained, or controlled by such person) in an aggregate amount in excess of $60,000. ``(b) Aggregate Limit on Donor.--A person shall not make an aggregate amount of disbursements described in subsection (a) in excess of $60,000 in any calendar year. ``(c) Index of Amount.--In the case of any calendar year after 2000-- ``(1) each $60,000 amount under subsections (a) and (b) shall be increased based on the increase in the price index determined under section 315(c), except that the base period shall be calendar year 2000; and ``(2) each amount so increased shall be the amount in effect for the calendar year.''. SEC. 202. JUDICIAL REVIEW. (a) Expedited Review.--Any Member of Congress, candidate, national committee of a political party, or any person adversely affected by section 324 of the Federal Election Campaign Act of 1971, as added by section 201, may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief on the ground that such section 324 violates the Constitution. (b) Appeal to Supreme Court.--Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia granting or denying an injunction regarding, or finally disposing of, an action brought under subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 calendar days after such order is entered; and the jurisdictional statement shall be filed within 30 calendar days after such order is entered. (c) Expedited Consideration.--It shall be the duty of the District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a). (d) Enforceability.--The enforcement of any provision of section 324 of the Federal Election Campaign Act of 1971, as added by section 201, shall be stayed, and such section 324 shall not be effective, for the period-- (1) beginning on the date of the filing of an action under subsection (a), and (2) ending on the date of the final disposition of such action on its merits by the Supreme Court of the United States. (e) Applicability.--This section shall apply only with respect to any action filed under subsection (a) not later than 30 days after the effective date of this Act. SEC. 203. INCREASE IN CONTRIBUTION LIMITS. (a) Increase in Individual and Political Committee Contribution Limits.--Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``$1,000'' and inserting ``$3,000''; (B) in subparagraph (B), by striking ``$20,000'' and inserting ``$60,000''; and (C) in subparagraph (C), by striking ``$5,000'' and inserting ``$15,000''; and (2) in paragraph (3)-- (A) by striking ``$25,000'' and inserting ``$75,000''; and (B) by striking the second sentence. (b) Increase in Multicandidate Limits.--Section 315(a)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is amended-- (1) in subparagraph (A), by striking ``$5,000'' and inserting ``$7,500''; (2) in subparagraph (B), by striking ``$15,000'' and inserting ``$30,000''; and (3) in subparagraph (C), by striking ``$5,000'' and inserting ``$7,500''. (c) Indexing.--Section 315(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended-- (1) in paragraph (1)-- (A) by striking the second and third sentences; (B) by inserting ``(A)'' before ``At the beginning''; and (C) by adding at the end the following: ``(B) Except as provided in subparagraph (C), in any calendar year after 2000-- ``(i) a limitation established by subsection (a), (b), or (d) shall be increased by the percent difference determined under subparagraph (A); and ``(ii) each amount so increased shall remain in effect for the calendar year. ``(C) In the case of limitations under paragraphs (1)(A) and (2)(A) of subsection (a), each amount increased under subparagraph (B) shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election.''; and (2) in paragraph (2)(B), by striking ``means the calendar year 1974'' and inserting ``means-- ``(i) for purposes of subsections (b) and (d), calendar year 1974; and ``(ii) for purposes of subsection (a), calendar year 2000''. (d) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2000. TITLE III--MISCELLANEOUS PROVISIONS SEC. 301. PROHIBITION OF SOLICITATION OF POLITICAL PARTY SOFT MONEY IN FEDERAL BUILDINGS. (a) In General.--Section 607 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``within the meaning of section 301(8) of the Federal Election Campaign Act of 1971''; and (2) by adding at the end the following: ``(c) Definition of Contribution.--In this section, the term `contribution' means a gift, subscription, loan, advance, or deposit of money or anything of value made by any person in connection with-- ``(1) any election or elections for Federal office; ``(2) any political committee (as defined in section 301 of the Federal Election Campaign Act of 1971); or ``(3) any State, district, or local committee of a political party.''. (b) Amendment of Title 18 To Include Prohibition of Donations.-- Section 602(a)(4) of title 18, United States Code, is amended by striking ``within the meaning of section 301(8)'' and inserting ``(as defined in section 607(c))''. SEC. 302. UPDATE OF PENALTY AMOUNTS. Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g) is amended by adding at the end the following: ``(e) Adjustment of Dollar Amounts for Inflation.--In the case of any calendar year after 2000-- ``(1) each dollar amount under this section shall be increased based on the increase in the price index determined under section 315(c); and ``(2) each amount so increased shall be the amount in effect for the calendar year. The preceding sentence shall not apply to any amount under subsection (d) other than the $25,000 amount under paragraph (1)(A) of such subsection.''.
Amends the Communications Act of 1934 to require a licensee to maintain and make available for public inspection a complete record of certain requests to purchase broadcast time that are related to legally qualified candidates. Title II: Soft Money of National Political Parties and Contribution Limits - Amends FECA to limit to $60,000 aggregate (indexed for inflation) per calendar year per contributor the amount of soft money a national committee of a political party, a congressional campaign committee of a national party, or an entity directly or indirectly established, financed, maintained, or controlled by such committee may accept. Places an aggregate limit on the soft money donor of $60,000 in any calendar year. Provides for judicial review with respect to such amendment. Increases individual, political committee, and multicandidate political committee contribution limits. Revises indexing provisions. Title III: Miscellaneous Provisions - Amends the Federal criminal code to prohibit solicitation of soft money in any room or building occupied in the discharge of official duties by an officer or employee of the United States or any department or agency thereof, or a person receiving any salary or compensation for service from the Treasury. Amends FECA to provide for the indexing of certain penalty and other amounts under enforcement provisions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Skills Standards Certification Evaluation Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Various entities across the United States have generated skills certification programs based on local and regional needs. At the same time, some national groups have engaged in similar efforts. (2) As State and local workforce investment boards, workers, and employers search for a meaningful way to categorize skills, information about existing skills certification programs and certifications can be limited, and may lead to the development of new, duplicative certifications. (3) As these skill certification programs may take less time than technical or vocational degrees, the programs provide important recognition for both employers and employees. (4) Nationally available, recognized standards for skills certification allow employers and employees the greatest possible flexibility by making the certification portable and meaningful. (5) These standards benefit both incumbent, highly skilled workers and those workers with less specialized skills or just starting in the workforce. (6) Widely recognized standards for skills certification provide States, regions, communities, and cities the option and ability to quantify and categorize their workforce in a meaningful way. (7) There is a well-documented ``skills gap'' in many industries, including manufacturing, that makes it difficult for employers to find workers. (8) In 2005, 90 percent of manufacturing employers say a shortage of qualified production workers is their top workforce issue. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to periodically evaluate skills certification programs that certify various employee skills and to determine which skills certifications are most desired by employers and employees; and (2) to make information, and materials if possible, about skills certification programs available to eligible entities providing job training. SEC. 4. DEFINITIONS. In this Act: (1) Local board.--The term ``local board'' means a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832). (2) Skills certification program.--The term ``skills certification program'' means an industry-led or industry- created program that-- (A) receives Federal funding; (B) is in existence as of the time that the evaluation under section 5 is conducted; (C) delineates a skill set necessary for a career in a certain industry; (D) does not culminate in an associate or baccalaureate degree; and (E) is not portable or widely or nationally recognized. (3) State board.--The term ``State board'' means a State workforce investment board established under section 111 of the Workforce Investment Act of 1998 (29 U.S.C. 2821). SEC. 5. EVALUATION. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor and the Secretary of Commerce, in consultation with each other, shall-- (1) conduct an evaluation of skills certification programs; (2)(A) determine best practices models for skills certification programs; or (B) rank the skills certification programs available in an industry, based on the evaluation criteria described in subsection (b); and (3) make recommendations on-- (A) the merits of a unified national approach to programs of skills certification, as compared to multiple regional and local skills certification programs; and (B) ways to streamline, if possible, duplicative and similar skills certification programs into a single, widely recognized certification. (b) Criteria for Evaluations.--The evaluation of the skills certification programs conducted under subsection (a)(1) shall include the following criteria: (1) Overall usefulness of the skills certification program for workers and employers. (2) The demand from industry for workers with the skills provided and certified through the skills certification program. (3) Industry involvement in the development of the skill standards included in the skills certification program. (4) Industry recognition of the certification awarded under the skills certification program. (5) The success of the skills certification program, based on criteria including-- (A) how many individuals have successfully completed the skills certification program; (B) how many of such individuals are employed in a field utilizing the skills provided and certified through the skills certification program; and (C) the length of time that such individuals have been so employed. (6) The level of recognition of the skills certification program as of the time of the evaluation, including an assessment of -- (A) how widespread the skills certification program is used; (B) the number of entities, including State boards, local boards, and institutions of higher education, that have used the skills certification program; (C) the number of States in which the certification is recognized; and (D) whether the skills provided and certified through the skills certification program are reasonably useful. (7) Cooperative creation in the development of the skills certification program, such as whether the standards of the skills certification program were created in consultation with relevant partners, including business, labor, and community organizations, and whether such partners still support and use the standards. (8) The ease of sharing the skills certification program, including how portable the materials are, how versatile the materials are, and whether the certification programs requires the educator to have access to specific or extensive materials or equipment not usually found in a classroom. (c) Outreach.--Not later than 60 days after the evaluation described in subsection (a) has been completed, the Secretary of Commerce and the Secretary of Labor, in consultation with each other, shall-- (1) post the results of the evaluation, the ranking of skills certification programs or the best practices of such programs, and the recommendations, as described in subsection (a), on the Internet; and (2) make the information described in paragraph (1) available in print form to Congress and to interested parties, including-- (A) technical colleges; (B) community colleges; (C) State boards and local boards; (D) community organizations; and (E) other groups providing worker training, in partnership and cooperation with industry. (d) Updates.--The Secretary of Commerce and the Secretary of Labor, in consultation with each other, shall continue to update the evaluations, the rankings of skills certification programs or best practices of such programs, and the recommendations, as described in subsection (a), as appropriate, but not less often than once every 2 years. (e) Funding.--Of the amounts appropriated to, and available at the discretion of, the Secretary of Commerce and the Secretary of Labor for programmatic and administrative expenditures, such sums as may be necessary shall be used to establish and carry out the requirements of this Act.
Skills Standards Certification Evaluation Act of 2008 - Directs the Secretary of Labor and the Secretary of Commerce to: (1) evaluate skills certification programs for employees; (2) rank such programs or determine best practices models for them; and (3) make recommendations on the merits of a unified national approach to such programs, and ways to streamline duplicative and similar programs into a single, widely recognized certification. Requires the Secretaries to post evaluation results on the Internet and make them available to Congress and to interested parties.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Lands Tracts Conveyance Act''. SEC. 2. SPECIAL CONVEYANCE AUTHORITY REGARDING SMALL PARCELS OF NATIONAL FOREST SYSTEM LAND AND PUBLIC LANDS. (a) Definitions.--In this section: (1) Adjacent landholder.--The term ``adjacent landholder'' means any holder of non-Federal land (including a holder that is a State, county, or local government or any agency thereof, or an Indian tribe) that shares one or more boundaries with an eligible Federal lands parcel and who makes a request to purchase an eligible Federal lands parcel. (2) Director concerned.--The term ``Director concerned'' means the Director of the Bureau of Land Management for a State. (3) Eligible federal lands parcel.--The term ``eligible Federal lands parcel'' means a parcel of National Forest System land or the public lands that-- (A) shares one or more boundaries with non-Federal land; (B) is located within the boundaries of an incorporated or unincorporated area with a population of at least 500 residents; (C) is not subject to existing rights held by a non-Federal entity; (D) does not contain an exceptional resource; and (E) is not habitat for an endangered species or a threatened species determined under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). (4) Exceptional resource.--The term ``exceptional resource'' means a resource of scientific, historic, cultural, or recreational value on a parcel of public lands that the Director concerned or Regional Forester concerned determines, on the record and after an opportunity for a hearing-- (A) is documented by a Federal, State, or local governmental authority; and (B) requires extraordinary conservation and protection to maintain the resource for the benefit of the public. (5) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (6) National forest system land.-- (A) In general.--The term ``National Forest System land'' means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), including the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012). (B) Exclusions.--The term does not include any land managed by the Forest Service that is included in a national monument, an area of critical environmental concern, a national conservation area, a national riparian conservation area, a national recreation area, a national scenic area, a research natural area, a national outstanding natural area, a national natural landmark, a wilderness area, a wilderness study area, the national wild and scenic rivers system, the national system of trails, or land held in trust by the United States for the benefit of any Indian tribe. (7) Public lands.-- (A) In general.--The term ``public lands'' has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (B) Exclusions.--The term does not include any land managed by the Bureau of Land Management that is included in a national monument, an area of critical environmental concern, a national conservation area, a national riparian conservation area, a national recreation area, a national scenic area, a research natural area, a national outstanding natural area, a national natural landmark, a wilderness area, a wilderness study area, the national wild and scenic rivers system, the national system of trails, or land held in trust by the United States for the benefit of any Indian tribe. (8) Regional forester concerned.--The term ``Regional Forester concerned'' means the Regional Forester with jurisdiction over the National Forest System land of a specific Forest Service Region. (b) Selection of Parcels for Conveyance.-- (1) Two selection methods.--The Director concerned or the Regional Forester concerned shall select an eligible Federal lands parcel for conveyance under this section-- (A) in response to a request submitted by an adjacent landholder; or (B) upon the recommendation of the District Office of the Bureau of Land Management or unit of the National Forest System exercising administration over the parcel. (2) Adjacent landholder request.-- (A) Process required.--The Secretary of Agriculture and the Secretary of the Interior each shall create a process by which an adjacent landholder may request to purchase an eligible Federal lands parcel. (B) Guidelines.--To the maximum extent practicable, the process shall be consistent with other public purchase request processes used by the Forest Service and the Bureau of Land Management to convey Federal land under their respective statutory and regulatory authority. (C) Public accessibility.--The process shall be open to the public and available on the internet. (D) Deadline.--The process shall be available to the public within 90 days of the date of the enactment of this Act. (3) Review of adjacent landholder request.--When an adjacent landholder submits a request under paragraph (1)(A) for conveyance of a parcel of National Forest System land or public lands, the Director concerned or the Regional Forester concerned shall review the parcel and determine, within 30 days after receipt of the request, whether the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (4) Rejection of adjacent landholder request.--If the Director concerned or the Regional Forester concerned determines under paragraph (2) that all or a portion of the parcel of National Forest System land or public lands covered by an adjacent landholder request under paragraph (1)(A) fails to satisfy the definition of eligible Federal lands parcel, the Director concerned or the Regional Forester concerned shall give the landowner-- (A) a written explanation of the reasons for the rejection, which specifies-- (i) which of the elements of the definition of eligible Federal lands parcel the parcel fails to satisfy and how and why the parcel fails to satisfy that element; (ii) how the continued administration of the parcel by the Bureau of Land Management or the Forest Service would impact the parcel and surrounding economy; and (iii) why the Federal Government needs to maintain ownership of the parcel and would be the best land ownership steward of the parcel; and (B) an opportunity to appeal the rejection under subsection (e). (c) Parcel and Acreage Limitations.-- (1) Acreage.--An eligible Federal lands parcel conveyed under this section may not exceed 160 acres unless a request for additional acreage is approved by the Director concerned or the Regional Forester concerned. (2) Number of parcels.--An adjacent landholder may only acquire one eligible Federal lands parcel under this section per year, except that, if the parcel is less than 160 acres in size, the adjacent landholder may acquire additional eligible Federal lands parcels during that year so long as the total acreage acquired does not exceed 160 acres unless a request for additional acreage is approved by the Director concerned or the Regional Forester concerned. (d) Conveyance Process.-- (1) Public notice.--The Director concerned or the Regional Forester concerned shall provide public notice of the availability of an eligible Federal lands parcel, even in cases in which the parcel shares a boundary with only a single parcel of non-Federal land or with multiple parcels owned by the same adjacent landholder. The notice shall state that the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (2) Single adjacent landholder.--If the eligible Federal lands parcel shares a boundary with only a single parcel of non-Federal land or with multiple parcels owned by the same adjacent landholder, the Director concerned or the Regional Forester concerned shall carry out a negotiated sale of the eligible Federal lands parcel with the adjacent landholder. (3) Multiple adjacent landholders.--If multiple parcels of non-Federal land, owned by different adjacent landholders, share a boundary with an eligible public lands parcel, the sale of the eligible public lands parcel under this section shall be conducted using competitive bidding procedures established under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)). (4) Rejection of offers.--The Director concerned or the Regional Forester concerned may reject any offer made under this subsection that does not offer the minimum consideration required by subsection (f). The adjacent landholder shall be given an opportunity to appeal the rejection under subsection (e). (5) Compliance with local planning and zoning.--As a condition of the conveyance of an eligible public lands parcel under this section, the Director concerned or the Regional Forester concerned shall require the purchaser of the parcel to agree to comply with all local land use ordinances and any master zoning plan applicable to the parcel or the adjacent non-Federal land of the purchaser. (6) Form of conveyance.--When an eligible Federal lands parcel is to be sold under this section, the Director concerned or the Regional Forester concerned shall convey, by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to the parcel. (e) Appeals Process.-- (1) Availability of appeal.--If the Director concerned or the Regional Forester concerned rejects an adjacent landholder request under subsection (b)(1)(A) for selection of a parcel of National Forest System land or public lands for conveyance under this section or rejects an adjacent landholder offer for purchase of an eligible Federal lands parcel under subsection (d), the Director concerned or the Regional Forester concerned shall provide an appeals process for reconsideration of the rejection using the expedited Forest Service appeals process available under section 322(d) of Public Law 102-381 (16 U.S.C. 1612 note). (2) Administering official.--For purposes of applying section 322(d) of Public Law 102-381 (16 U.S.C. 1612 note), references to the Chief of the Forest Service or the Secretary of Agriculture shall be deemed to mean the Director concerned or the Regional Forester concerned. (f) Consideration.-- (1) Fair market value.--As consideration for the sale of an eligible Federal lands parcel under this section, the Director concerned or the Regional Forester concerned shall require a cash payment in an amount that is equal to not less than the fair market value of the parcel, including the mineral estate, being conveyed by the Director concerned or the Regional Forester concerned. (2) Establishment.--The fair market value of an eligible Federal lands parcel shall be established by an appraisal submitted by the adjacent landholder seeking to purchase the parcel, unless the Director concerned or the Regional Forester concerned rejects such appraisal within 45 days after submission. In the case of the rejection of the appraisal, the Director concerned or the Regional Forester concerned shall cause another appraisal to be conducted, within 30 days, in accordance with the regulations regarding appraisals issued under section 206(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(f)). (g) Treatment of Proceeds.-- (1) Establishment of fund.--The Secretary of the Treasury shall establish in the Treasury of the United States a special fund to provide for the collection and distribution of funds under this subsection. (2) Collection.--Funds collected from the conveyance of an eligible Federal lands parcel under this section shall be deposited into the Treasury fund created under paragraph (1). (3) Distribution.--Funds collected under this subsection shall be distributed annually to those States in which the Federal Government owns more than 33 percent of the land area of that State according to the calculation provided in paragraph (4). (4) Calculation of distribution.--From amounts collected and deposited under this section-- (A) 50 percent of the amount collected from a conveyance shall be distributed to the State in which the conveyance took place; and (B) the remaining 50 percent shall be distributed equally between the remaining States identified under paragraph (3). (5) Limitation of use.--As a condition of receipt of funds under this subsection, a State receiving such funds shall agree to use the funds only for the following purposes: (A) Purchase.--To purchase additional eligible Federal lands parcels, that are consistent with land use management under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701). (B) Compliance.--To comply with a Federal requirement under-- (i) Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (ii) Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or (iii) National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (h) Payment of Costs of Conveyance.-- (1) Payment of costs required.--The Director concerned or the Regional Forester concerned shall require the purchaser to cover the costs to be incurred, or to reimburse the Director concerned or the Regional Forester concerned for costs incurred, to carry out the conveyance, including survey and appraisal costs, costs for environmental documentation, and any other administrative costs related to the conveyance. (2) Refund of excess.--If amounts are collected from the purchaser in advance of the Director concerned or the Regional Forester concerned incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Director concerned or the Regional Forester concerned to carry out the conveyance, the Director concerned or the Regional Forester concerned shall refund the excess amount to the purchaser. (3) Treatment of amounts received.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (i) Time for Conveyance.--It is the intent of the Congress that the conveyance of an eligible Federal lands parcel under this section, from selection of the parcel for conveyance through completion of the sale, should take no more than 18 months. (j) Categorical Exclusion.--Because the scope of a conveyance is limited and excluded from any exceptional resource, a conveyance of an eligible Federal lands parcel under this section is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (k) Additional Authority.--The conveyance authority provided by this section is in addition to the sale authority provided by section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) or any other provision of law.
Small Lands Tracts Conveyance Act Requires the Bureau of Land Management (BLM) for a state (respecting certain public lands) or the Forest Service (respecting certain National Forest System lands) to select an eligible federal lands parcel for conveyance: (1) in response to a request by an adjacent landholder (any holder of non-federal land that shares one or more boundaries with such a parcel and who requests to purchase such a parcel), or (2) upon the recommendation of the BLM District Office or System unit that exercises administration over such parcel. Directs the Department of Agriculture (USDA) and the Department of the Interior to each create a process by which an adjacent landholder may request to purchase an eligible parcel. Instructs that such process be open to the public and available on the Internet. Bars a conveyed eligible parcel from exceeding 160 acres unless the BLM or the Forest Service approves a request for additional acreage. Permits acquisition by an adjacent landholder of only one eligible parcel a year, subject to an exception. Instructs the BLM or the Forest Service, as consideration for the sale of an eligible parcel, to require a cash payment in an amount equal to at least the fair market value of such parcel, including the mineral estate, being conveyed. Requires the proceeds collected from such conveyances to be deposited into a special fund established by this Act and distributed annually to each state in which the federal government owns more than 33% of the land area of such state. Requires, from amounts collected and deposited: (1) 50% of the amount collected from a conveyance to be distributed to the state in which the conveyance took place, and (2) the remaining 50% to be distributed equally between the remaining states identified pursuant to the preceding paragraph. Requires states receiving such funds to use them only for: (1) purchasing additional eligible parcels consistent with land use management under the Federal Land Policy and Management Act; and (2) complying with requirements under the Endangered Species Act of 1973, the Federal Water Pollution Control Act (commonly known as the Clean Water Act), and the National Environmental Policy Act of 1969 (NEPA). Requires the purchaser of an eligible federal lands parcel under this Act to cover the costs to be incurred, or to reimburse the BLM or the Forest Service for the costs incurred, in carrying out the conveyance. Excludes categorically a conveyance of an eligible federal lands parcel under this Act from the requirement to prepare an environmental assessment or an environmental impact statement under NEPA. (A categorical exclusion under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.)
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Commercial Competitiveness and Labor Rights in China Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. Establishment of rule of law programs. Sec. 4. Administrative authorities. Sec. 5. Prohibition relating to human rights abuses. Sec. 6. Authorization of appropriations. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.-- (1) The United States and the People's Republic of China signed a bilateral agreement on November 15, 1999, on accession of China to the World Trade Organization (hereinafter referred to as the ``China-WTO Agreement''), under which China made a detailed set of concessions eliminating or limiting tariff and non-tariff barriers to trade in order to become a member of the World Trade Organization (WTO). (2) Under the China-WTO Agreement, the Government of the People's Republic of China will be required to amend many of its laws, transform its institutions, and change its policies to bring them into conformity with international trade rules. (3) Officials of the Government of the People's Republic of China, both at the national and provincial levels, must interpret and implement the terms and conditions of the China- WTO Agreement and the WTO regime into concrete policies, rules, and regulations--a process which can materially benefit or harm United States companies and their workers. (4) The China-WTO Agreement, despite the desperate need in the People's Republic of China for independent labor unions and other resources which inform workers of their rights and fight against exploitative working conditions, does not require China to make changes in the labor rights area. (5) The United States currently provides a small amount of assistance to promote the rule of law in the People's Republic of China, but does not have authorization to help officials of the Chinese Government to write the laws, rules, and regulations necessary to implement its obligations under the China-WTO Agreement, or to promote better enforcement of labor laws and regulations and respect for core labor rights as developed by the International Labor Organization. (6) Major United States trade competitors, including the European Union, Japan, France, Germany, Canada, and Australia, have already launched extensive, multi-year rule of law programs in the People's Republic of China designed to promote rationality and openness in the administration of commercial law as well as to assist the People's Republic of China in revising its trade and investment laws to make them consistent with the requirements of the WTO, through training programs, workshops, seminars, and exchanges. (7) It is critical that the United States aggressively protect its hard-won concessions from the People's Republic of China relating to WTO membership by ensuring that China-- (A) writes laws, rules, and regulations that are fair, open, and transparent, and that do not discriminate against United States commercial interests; and (B) revises and expands existing labor legislation to bring labor laws into compliance with internationally-recognized core labor standards, as defined by the International Labor Organization, and as noted in the International Covenants on Civil and Political Rights, and Economic, Social and Cultural Rights. (8) Over the last eight years, the Commercial Law Development Division of the United States Department of Commerce has dispatched United States lawyers to developing countries to help such countries improve their laws and institutions in order to promote economic reform and compliance with international trade regimes. (9) Extending commercial and labor rule of law programs in the People's Republic of China will further United States national interests even if the Government of China continues to impede the development of the rule of law in others aspects of Chinese society. (b) Purpose.--The purpose of this Act is to establish commercial and labor rule of law programs in the People's Republic of China to enhance rationality and accountability in the administration of justice in the commercial area, strengthen labor rights protection, and lay the intellectual and institutional groundwork for further reforms. SEC. 3. ESTABLISHMENT OF RULE OF LAW PROGRAMS. (a) Commercial Rule of Law Program.-- (1) In general.--The Secretary of Commerce, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, is authorized to establish a program to conduct rule of law training and technical assistance related to commercial activities in the People's Republic of China. (2) Role of the secretary of state.--The Secretary of State shall provide foreign policy guidance to the Secretary of Commerce to ensure that the program established under paragraph (1) is effectively integrated into the foreign policy of the United States. (b) Labor Rule of Law Program.-- (1) In general.--The Secretary of State, in consultation with the Secretary of Labor, is authorized to establish a program to conduct rule of law training and technical assistance related to labor activities in the People's Republic of China. (2) Limitation.--The Secretary of State shall not provide assistance under the program authorized by paragraph (1) to the All-China Federation of Trade Unions. (c) Conduct of Programs.--The programs authorized by this section may be used to conduct activities such as seminars and workshops, drafting of commercial and labor codes, legal training, publications, financing the operating costs for nongovernmental organizations working in this area, and funding the travel of individuals to the United States and to the People's Republic of China to provide and receive training. SEC. 4. ADMINISTRATIVE AUTHORITIES. In carrying out the programs authorized by section 3, the Secretary of Commerce and the Secretary of State may utilize any of the authorities contained in the Foreign Assistance Act of 1961 and the Foreign Service Act of 1980. SEC. 5. PROHIBITION RELATING TO HUMAN RIGHTS ABUSES. Amounts made available to carry out this Act may not be provided to a component of a ministry or other administrative unit of the national, provincial, or other local governments of the People's Republic of China, to a nongovernmental organization, or to an official of such governments or organizations, if the President has credible evidence that such component, administrative unit, organization or official has been materially responsible for the commission of human rights violations. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Commercial Law Program.--There are authorized to be appropriated to the Secretary of Commerce to carry out the program described in section 3(a) such sums as may be necessary for fiscal year 2001 and each subsequent fiscal year. (b) Labor Law Program.--There are authorized to be appropriated to the Secretary of State to carry out the program described in section 3(b) such sums as may be necessary for fiscal year 2001 and each subsequent fiscal year. (c) Construction With Other Laws.--Except as provided in this Act, funds appropriated pursuant to the authorization of appropriations in this section may be obligated or expended notwithstanding any other provision of law.
Requires the Secretary of State to provide foreign policy guidance to the Secretary of Commerce to ensure that such program is effectively integrated into U.S. foreign policy. Authorizes the Secretary of State to establish a program to conduct rule of law training and technical assistance related to labor activities in China (but not to the All-China Federation of Trade Unions). States that such programs may be used to conduct activities such as: (1) seminars and workshops; (2) drafting of commercial and labor codes; (3) legal training; (4) publications; (5) financing the operating costs for nongovernmental organizations working in this area; and (6) funding the travel of individuals to the United States and to China to provide and receive training. Authorizes the Secretaries of Commerce and of State, in carrying out such programs, to use any of the authorities contained in the Foreign Assistance Act of 1961 and the Foreign Service Act of 1980. Prohibits the provision of any funds under this Act to a component of a ministry or other administrative unit of the national, provincial, or other local governments of China, to a nongovernmental organization, or to an official of such governments or organizations, if the President has credible evidence that such component, administrative unit, organization or official has been materially responsible for the commission of human rights violations. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warrior Project Family Caregiver Act of 2009''. SEC. 2. FAMILY CAREGIVER PROGRAM. (a) Program.--Section 1717 of title 38, United States Code, is amended-- (1) by redesignating subsections (b) and (c), as (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): ``(b)(1)(A) As part of home health services provided for under this section, the Secretary, upon the joint request of a veteran described in subparagraph (C) and a family member of such veteran (or other individual designated by the veteran), shall furnish to an individual described in subparagraph (B), advanced instruction and training and certification as a family caregiver. ``(B) An individual described in this subparagraph is a family member of a veteran described in subparagraph (C) (or other individual designated by such a veteran) who elects (in accordance with the agreement of the veteran) to provide personal care services to the veteran. ``(C) A veteran described in this paragraph is a veteran who-- ``(i) incurred serious wounds (including traumatic brain injury and psychological trauma or other mental disorder) on active duty during, or in training for, Operation Enduring Freedom or Operation Iraqi Freedom; and ``(ii) is determined by the Secretary to need personal care services because of-- ``(I) an inability to perform one or more activities of daily living; ``(II) a need for supervision or protection based on symptoms or residuals of neurological or other impairment or injury; or ``(III) such other criteria as the Secretary shall establish. ``(D) In the case of a veteran who lacks the capacity to make decisions necessary under this subsection, the Secretary shall establish procedures for a surrogate for the veteran to act on behalf of the veteran for purposes of this subsection. ``(2) The Secretary shall furnish to a family caregiver, under criteria established by the Secretary, appropriate support services including-- ``(A) direct technical support, information, and assistance to timely address routine, emergency, and specialized caregiving needs; ``(B) counseling and mental health services; ``(C) establishment and maintenance of a comprehensive interactive caregiver website addressing all aspects of the program; ``(D) respite care of not less than 30 days annually; ``(E) medical care under section 1781 of this title; and ``(F) a monthly family caregiver allowance. ``(3) In providing respite care referred to in paragraph (3)(A)(iv), the Secretary shall provide such care through-- ``(A) facilities of the Department that are appropriate to the needs of the veteran; ``(B) contracts under section 1720B of this title; or ``(C) in the case of a veteran for whom, in the judgment of the individual certified as the veteran's family caregiver, the needs of the veteran cannot be accommodated through care provided under subparagraph (A) or (B), through other facilities or arrangements selected in consultation with the veteran's family caregiver. ``(4) In providing for a monthly family caregiver allowance to a family caregiver under paragraph (3)(A)(vi), the Secretary shall establish a schedule of allowances under which the Secretary shall seek to ensure, to the extent practicable, that the amount of the monthly allowance is not less than-- ``(A) the amount that the Secretary determines the Secretary would have paid to a commercial home health care agency to provide necessary personal care services for such veteran, if the veteran did not have a family caregiver to provide such services; or ``(B) if the Secretary does not have enough information to make the determination under subparagraph (A), the amount of the cost of such care at a location other than a commercial home health care agency, selected by the Secretary for such purpose, where such care is available, adjusted to reflect the pertinent local cost-of-living.''. (b) Provision of Health Care to Personal Care Assistants.--Section 1781(a) of such title is amended-- (1) by redesignating paragraphs (2) and (3) as (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph: ``(2) a family caregiver;''. (c) Definitions.--Section 1701 of title 38, United States Code, is amended by adding at the end the following new paragraphs: ``(10) The term `family caregiver' means an individual who-- ``(A) is a member of the family (including parents, spouses, children, siblings, stepfamily members, and extended family members) of a disabled veteran; ``(B) provides personal care services to such veteran for such disability; and ``(C) is certified as a family caregiver-- ``(i) pursuant to the family caregiver instruction, training, and certification furnished by the Secretary under section 1717(b) of this title; or ``(ii) pursuant to such other qualifications as the Secretary may approve. ``(11) The term `personal care services' means noninstitutional extended care, including homemaker and home health aid services.''. (d) Deadline for Implementation.--Not later than 9 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement subsection (b) of section 1717 of title 38, United States Code, as added by subsection (a), and paragraph (2) of section 1781(a), as added by subsection (b). (e) Reports.-- (1) Report on implementation.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report containing the following: (A) The Secretary's plan to carry out subsection (d). (B) A description of the consultations carried out by the Secretary with organizations representing wounded veterans and their families regarding such plan. (C) A description of any recommendation provided by any such organization that the Secretary did not adopt and the reasons the Secretary did not adopt such recommendation. (2) Evaluation.--Not later than 2 years after the date on which the Secretary of Veterans Affairs implements the provisions of law referred to in subsection (d), the Secretary shall submit to Congress a comprehensive report containing the Secretary's evaluation of such provisions of law. Such report shall include-- (A) data on the number of veterans who receive assistance under subsection (b) of section 1717 of title 38, United States Code, as added by subsection (a), resources expended to carry out such subsection (b), outcomes achieved, and measurable benefits; and (B) legislative and other recommendations of the Secretary to improve the implementation of such subsection.
Wounded Warrior Project Family Caregiver Act of 2009 - Directs the Secretary of Veterans Affairs, as part of authorized Department of Veterans Affairs (VA) home health care services for veterans, to furnish to a family member or other designated individual advanced instruction and training and certification as a family caregiver for a veteran who incurred serious wounds on active duty during, or in training for, Operations Enduring Freedom or Iraqi Freedom and is determined to be in need of personal care services. Requires the Secretary to provide to such caregiver: (1) appropriate support services; and (2) a monthly family caregiver allowance. Authorizes the Secretary to provide medical care to such caregiver.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pinnacles National Park Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Pinnacles National Monument was established by Presidential Proclamation 796 on January 16, 1908, for the purposes of protecting its rock formations, and expanded by Presidential Proclamation 1660 of May 7, 1923; Presidential Proclamation 1704 of July 2, 1924; Presidential Proclamation 1948 of April 13, 1931; Presidential Proclamation 2050 of July 11, 1933; Presidential Proclamation 2528 of December 5, 1941; Public Law 94-567; and Presidential Proclamation 7266 of January 11, 2000. (2) While the extraordinary geology of Pinnacles National Monument has attracted and enthralled visitors for well over a century, the expanded Monument now serves a critical role in protecting other important natural and cultural resources and ecological processes. This expanded role merits recognition through legislation. (3) Pinnacles National Monument provides the best remaining refuge for floral and fauna species representative of the central California coast and Pacific coast range, including 32 species holding special Federal or State status, not only because of its multiple ecological niches but also because of its long-term protected status with 14,500 acres of Congressionally designated wilderness. (4) Pinnacles National Monument encompasses a unique blend of California heritage from prehistoric and historic Native Americans to the arrival of the Spanish, followed by 18th and 19th century settlers, including miners, cowboys, vaqueros, ranchers, farmers, and homesteaders. (5) Pinnacles National Monument is the only National Park System site within the ancestral home range of the California Condor. The reintroduction of the condor to its traditional range in California is important to the survival of the species, and as a result, the scientific community with centers at the Los Angeles Zoo and San Diego Zoo in California and Buenos Aires Zoo in and Argentina looks to Pinnacles National Monument as a leader in California Condor recovery, and as an international partner for condor recovery in South America. (6) The preservation, enhancement, economic and tourism potential and management of the central California coast and Pacific coast range's important natural and cultural resources requires cooperation and partnerships among local property owners, Federal, State, and local government entities and the private sector. SEC. 3. ESTABLISHMENT OF PINNACLES NATIONAL PARK. (a) Establishment and Purpose.--There is hereby established Pinnacles National Park in the State of California for the purposes of-- (1) preserving and interpreting for the benefit of future generations the chaparral, grasslands, blue oak woodlands, and majestic valley oak savanna ecosystems of the area, the area's geomorphology, riparian watersheds, unique flora and fauna, and the ancestral and cultural history of native Americans, settlers and explorers; and (2) interpreting the recovery program for the California Condor and the international significance of the program. (b) Boundaries.--The boundaries of Pinnacles National Park are as generally depicted on the map entitled ``Pinnacles National Park Proposed Designation Change'', numbered 114/80,100, and dated April 2008. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Abolishment of Current Pinnacles National Monument.-- (1) In general.--In light of the establishment of Pinnacles National Park, Pinnacles National Monument is hereby abolished and the lands and interests therein are incorporated within and made part of Pinnacles National Park. Any funds available for purposes of the monument shall be available for purposes of the park. (2) References.--Any references in law (other than in this Act), regulation, document, record, map or other paper of the United States to Pinnacles National Monument shall be considered a reference to Pinnacles National Park. (d) Administration.--The Secretary of the Interior shall administer Pinnacles National Park in accordance with this Act and laws generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1, 2-4). (e) Land Acquisition.--The Secretary of the Interior may acquire land or interests in land within the boundaries of Pinnacles National Park by purchase from a willing seller with donated or appropriated funds, donation, or exchange. SEC. 4. REDESIGNATION OF PINNACLES WILDERNESS AS HAIN WILDERNESS AND EXPANSION OF WILDERNESS. (a) Redesignation.--Subsection (i) of the first section of Public Law 94-567 (90 Stat. 2693; 16 U.S.C. 1132 note) is amended by striking ``Pinnacles Wilderness'' and inserting ``Hain Wilderness''. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Pinnacles Wilderness shall be deemed to be a reference to the Hain Wilderness. (b) Expansion.--Certain lands comprising approximately 2,905 acres, as generally depicted on a map entitled ``Proposed Wilderness Additions to the Proposed Pinnacles National Park'' and dated April 16, 2008, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System and are hereby incorporated in and shall be deemed to be a part of the Hain Wilderness, as redesignated by subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.
Pinnacles National Park Act - Establishes Pinnacles National Park in California to: (1) preserve and interpret for the benefit of future generations the chaparral, grasslands, blue oak woodlands, and majestic valley oak savanna ecosystems of the park's area, the areas's geomorphology, riparian watersheds, unique flora and fauna, and the ancestral and cultural history of native Americans, settlers and explorers; and (2) interpret the recovery program for the California Condor and the international significance of that program. Abolishes Pinnacles National Monument and includes the lands and interests therein in Pinnacles National Park. Redesignates the Pinnacles Wilderness as the Hain Wilderness. Designates specified lands comprising approximately 2,905 acres as wilderness and as a component of the National Wilderness Preservation System. Deems such lands as being part of the Hain Wilderness.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethiopia Consolidation Act of 2005''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States to support the advancement of human rights, democracy, and economic freedom in the Federal Democratic Republic of Ethiopia, in concert with United States security interests, in order to better enable Ethiopia to play a leading role in participating with the United States and other countries in fostering stability, democracy, and economic development in Africa. SEC. 3. SUPPORT FOR HUMAN RIGHTS IN ETHIOPIA. (a) Findings.--Congress makes the following findings: (1) Despite improvements in its human rights record, as noted by the Department of State in its 2004 Country Reports on Human Rights Practices, the Government of the Federal Democratic Republic of Ethiopia continues to violate the internationally-established rights of its citizens, including unlawful killings by security forces (including the June 2005 shootings by government security forces of more than 40 election demonstrators), arbitrary or politically-motivated arrests, long detentions without charge or trial and beatings and torture, with human rights violations increasing in the aftermath of the May 15, 2005, elections and subsequent protests of suspected election fraud. (2) According to the 2004 Country Reports on Human Rights Practices, the Ethiopian judiciary has demonstrated encouraging signs of independence, but the justice system--from the police to the courts to the prisons--remains inadequate and does not effectively uphold the human and civil rights of the citizens of Ethiopia. (3) According to the Department of State's International Religious Freedom Report for 2004, Ethiopia generally provides for freedom of religion, although local authorities continue to infringe on this right. (4) The Committee to Protect Journalists reports that Ethiopia continues to imprison journalists and the Government of Ethiopia continues to refuse to revise a repressive media bill that further endangers the right to free speech. (5) Because literacy in Ethiopia is less than 50 percent, broadcasting is a key source of information for citizens, but the Ethiopian Government has delayed accepting licenses for private radio or television since a licensing law was passed in 1999, leaving the Ethiopian Broadcasting Service as a radio and television monopoly and infringing on freedom of information. (b) Support for Human Rights Training.--The President, acting through the Administrator of the United States Agency for International Development, shall revise the Agency's country plan for Ethiopia to provide support for capacity building for more effective independent human rights monitoring operations in Ethiopia and provide training for government officials on international human rights standards. (c) Training for Police, Security, and Prison Personnel.--The President, acting through the head of the International Criminal Investigative Training Assistance Program of the Department of Justice, shall provide necessary training for Ethiopian police, security, and prison personnel in recognizing and maintaining international standards for arresting and interrogating suspects and otherwise handling prisoners and detainees. (d) Training for Court System Personnel.--The President, acting through the Administrator of the United States Agency for International Development, shall support programs directed at increasing the independence and competence of the Ethiopian judicial system, especially training for Ethiopian court personnel on handling suspects and defendants throughout the pre-trial and trial process in order to ensure their human and civil rights as defined by international accords. (e) Free Media.--The President, Secretary of State, and other relevant officials of the Government of the United States, shall encourage the Government of Ethiopia to abide by its own laws and ensure the open and transparent licensing of independent radio and television and use all available means to support the establishment of independent radio and television as means of broadening the access of average citizens to information. SEC. 4. SUPPORT FOR DEMOCRATIZATION IN ETHIOPIA. (a) Findings.--Congress makes the following findings: (1) The ruling Ethiopian People's Revolutionary Democratic Front has held power through three improving general elections since the overthrow of the government of President Mengistu Hailemariam in 1991. (2) Human Rights Watch has reported the harassment, detention, and even torture of critics of the Government of the Federal Democratic Republic of Ethiopia, especially in the Oromia region of Ethiopia, ostensibly to silence political opponents. (3) The European Union election observers in the May 15, 2005, elections accused the Government of Ethiopia of employing ``hate speech'' and listed acts of violence and intimidation in a letter to the National Electoral Board. (4) The Government of Ethiopia on March 30, 2005, expelled three internationally respected United States nongovernmental organizations--the International Republican Institute, the National Democratic Institute, and the International Foundation for Electoral Systems--that were promoting democratic development, ostensibly due to their failure to register for such activities. (5) Complaints about the conduct of the May 15, 2005, elections were lodged by the main opposition coalition and the ruling party in 299 of Ethiopia's 547 constituencies, but more than 90 percent of opposition party filings were thrown out by the Ethiopian agency investigating electoral complaints, while only 10 percent of ruling party complaints have been found to be unsubstantiated. (6) International election observers reported the turnout of millions of eligible voters in the May 15, 2005, elections, further confirming the desire of the citizens of Ethiopia to express their political will through the ballot. (7) The Government of Ethiopia failed to meet its stated July 8, 2005, deadline for releasing full results of the May 15, 2005, elections and continues to refuse to release customary detailed results of balloting, creating ongoing uncertainty and suspicion about the validity of the election. (b) Transparency of Election Results.--Congress urges the Government of Ethiopia to allow and facilitate a transparent review of the May 15, 2005, election results and to support a legal review of those results that are credibly shown to be questionable. (c) Readmittance of United States Democracy Organizations.-- Congress urges the Government of Ethiopia to readmit the International Republican Institute, the National Democratic Institute, and the International Foundation for Electoral Systems which were expelled prior to the May 15, 2005, elections and expeditiously work out any legitimate issues involving their registration. (d) Training of Political Parties and Civil Society Election Observers.--In order to better ensure continued progress in the conduct of the electoral process in Ethiopia, the President, acting through the Administrator of the United States Agency for International Development, shall revise the Agency's country plan for Ethiopia to provide support for training political parties on organization building and message development and for training political parties and civil society groups in election monitoring. (e) Facilitation of Equitable Electoral Environment.--As part of its support for democratization in Ethiopia, the President, acting through the Administrator of the United States Agency for International Development, shall provide assistance to facilitate ongoing communication between political parties and the Government of Ethiopia through the National Electoral Board in order to address issues involving delimitation of constituencies, voter registration, party registration, candidate registration, and related matters to ensure the credibility of the next election in Ethiopia. SEC. 5. SUPPORT FOR ECONOMIC DEVELOPMENT IN ETHIOPIA. (a) Findings.--Congress makes the following findings: (1) According to the World Bank Institute's governance ratings for 2004, the rating of the Federal Democratic Republic of Ethiopia is measurably worse than its last rating in 2002 in government effectiveness, regulatory quality, and control of corruption, which examine a government's capacity to formulate and implement economic policies. (2) The 2005 Index of Economic Freedom ranks Ethiopia's economy as mostly unfree, largely due to a cumbersome bureaucracy that deters investment, a judicial system that does not offer sufficient protection of property rights, and a system of higher tariffs on imported products. (3) The U.S. and Foreign Commercial Service reports in its 2005 country commercial guide for Ethiopia that Ethiopia's continuing refusal to alter its policy of considering all land to be public property that can only be leased and not owned prevents financing of ventures in which land would be collateral for a loan and also makes investors vulnerable to smallholders claiming the right to use part of their land. (4) Members of the Ethiopian diaspora in the United States have accused the Government of Ethiopia of failing to live up to promises of repatriation of property confiscated by the Mengistu government, and in some cases, allowing others to profit from these seized properties. (5) According to Ethiopia's poverty reduction strategy paper, its per capita income is among the lowest of even least developed countries, and poverty is widespread, affecting nearly half the country's population in both urban and rural areas. (6) Lack of water is a major reason for the cause of famine, but the dire situation in Ethiopia's agriculture sector is exacerbated by Ethiopian Government policies, including its refusal to allow private ownership of land, excessive taxation of farmers, and the high cost of fertilizer sold by companies affiliated with the Ethiopian Government. (b) Economic Policy Assistance.--Utilizing training and other technical assistance programs offered by the Department of the Treasury, the Office of the United States Trade Representative, and the Department of Justice, the President shall assist the Government of Ethiopia in developing policies that will address key economic obstacles, including such areas as budgeting, taxation, debt management, bank supervision, and anti-money laundering, that inhibit private sector development and limit participation in donor programs such as the United States Millennium Challenge Account. (c) Resource Policy Assistance.--The President, acting through the Administrator of the United States Agency for International Development, shall provide assistance for sustainable development of Ethiopia's Nile and Awash River resources, including assistance to help Ethiopia with the technology necessary for the construction of dams, irrigation systems, and hydroelectric power that might prevent future famine. (d) Financing for United States-Ethiopian Commercial Ventures.--The President shall use all available financing programs to provide adequate financing of United States and Ethiopian commercial ventures, including programs of the United States Agency for International Development, the Small Business Administration (including the Export Express and Export Working Capital programs), the Overseas Private Investment Corporation (including the Small Business Center and the Small and Medium Enterprise and Structural Finance programs), and the Export-Import Bank of the United States (including the Short-Term Africa Pilot Program). SEC. 6. ENSURING GOVERNMENT SUPPORT FOR HUMAN RIGHTS, DEMOCRACY, AND ECONOMIC DEVELOPMENT. (a) Findings.--Congress makes the following findings: (1) The Federal Democratic Republic of Ethiopia is an important United States partner in the Horn of Africa region, whose stability is vital to United States interests in East Africa and the Middle East. (2) Ethiopia has been a strong United States ally in the fight against global terrorism by its participation in the coalition of the willing in Iraq. (3) Ethiopia has a strong military, which has been involved in international peacekeeping operations since the Korean conflict in the 1950s. (4) Two ethnically-based opposition groups--the Oromo Liberation Front and the Ogadeni National Liberation Front-- have been committed to waging an armed struggle against the Government of Ethiopia, but the incidence of actual armed attacks has been limited and sporadic. (5) Historically a nation with a large Christian majority, Ethiopia has experienced significant growth in its Muslim population, and Christians and Muslims for the first time are nearly equal in numbers, which places this key East African nation on a religious fault line that will require proactive efforts to minimize conflict. (b) Suspension of Joint Security Activities.-- (1) Suspension.--The President shall suspend all joint security activities of the Government of the United States with the Government of Ethiopia, including activities through the U.S. East Africa Counterterrorism Initiative until such time as the certification described in paragraph (2) is made in accordance with such paragraph. (2) Certification.--The certification described in this subsection is a certification by the President to Congress that the Government of Ethiopia is observing international standards of human rights and enforcing the principle of the rule of law, especially by conducting a credible investigation of the killing of civilian protesters by security forces, as well as trying or releasing detainees and granting access for detainees to their families, counsel, and the International Red Cross. (c) Resolution of the Ethiopia-Eritrea Boundary Dispute.-- (1) Declaration of policy.--Congress declares that the current stalemate in the border dispute between Ethiopia and Eritrea has the potential to lead to conflict and must be addressed. (2) Prohibition on assistance.-- (A) Prohibition.--Except as provided in subparagraph (B), funds available to any department of agency of the Government of the United States may not be made available for assistance for the central Governments of Ethiopia or Eritrea unless the Secretary of State certifies and reports to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate that the central Government of Ethiopia or Eritrea, as the case may be, is taking steps to comply with the terms of the Algiers Agreements. (B) Exception.--Subparagraph (A) does not apply to assistance for democracy, rule of law, peacekeeping programs and activities, child survival and health, basic education, and agriculture programs. (d) Democracy Enhancement.-- (1) Assistance.--United States technical assistance for democracy promotion in Ethiopia may be made available to the ruling party as well as opposition parties in Ethiopia. (2) Restriction.-- (A) In general.--Non-essential United States assistance may not be made available to the Government of Ethiopia if the Government of Ethiopia acts to obstruct United States technical assistance for opposition parties in Ethiopia. (B) Definition.--In this paragraph, the term ``non- essential United States assistance'' means assistance under any provision of law, other than humanitarian assistance, assistance under emergency food programs, assistance to combat HIV/AIDS, and other health care assistance, including assistance for fistula treatment, health service planning, training, delivery and reporting, post-partum hemorrhage, safe motherhood, and abandonment of harmful traditional practices. (e) Support for OLF Reintegration.--In light of recent reports that the Oromo Liberation Front in Ethiopia may be prepared to abandon its armed struggle and participate in the democratic process, it is the sense of Congress that the Government of the United States should encourage the Government of Ethiopia to take advantage of this opportunity to enter into discussions with the Oromo Liberation Front to bring them into full participation in the political and economic affairs of Ethiopia, including their legalization as a political party, and the Government of the United States should provide such assistance as is warranted and necessary to help achieve this goal. SEC. 7. REPORT. Not later than 180 days after the date of the enactment of this Act, the President shall transmit a report to Congress on the implementation of this Act, including a description of a comprehensive plan to address the security, human rights, democratization, and economic freedom concerns that potentially threaten the stability of the Federal Democratic Republic of Ethiopia. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $10,000,000 for each of the fiscal years 2007 and 2008. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.
Ethiopia Consolidation Act of 2005 - Directs the President: (1) through the United States Agency for International Development (USAID), to revise the USAID country plan for Ethiopia to provide support for independent human rights monitoring and related training for government officials, and to provide support for training political parties on organization building, message development, and election monitoring; (2) through the International Criminal Investigative Training Assistance Program of the Department of Justice, to provide training for Ethiopian police, security, and prison personnel in maintaining international standards for arrest and interrogation; (3) through USAID, to support programs to increase the independence and competence of the Ethiopian judicial system, and to provide assistance for development of Ethiopia's Nile and Awash River resources, including assistance to help Ethiopia with technology for the construction of dams, irrigation systems, and hydroelectric power that might prevent future famine; (4) provide financing for U.S.-Ethiopian commercial ventures; and (5) suspend joint security activities until a certification is made that Ethiopia is observing international human rights standards and enforcing the principle of the rule of law. Declares that the current stalemate in the border dispute between Ethiopia and Eritrea has the potential to lead to conflict and must be addressed. Prohibits assistance to the governments of Ethiopia or Eritrea (with exceptions for assistance for democracy, peacekeeping, child survival and health, education, and agriculture) until the Secretary of State certifies that Ethiopia or Eritrea is taking steps to comply with the Algiers Agreements. Prohibits nonessential U.S. assistance to Ethiopia if the government of Ethiopia obstructs U.S. technical assistance to Ethiopian opposition parties.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Exchange Infrastructure Modernization Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) a ubiquitous high quality public switched network will promote-- (A) universal service at reasonable rates; (B) the universal availability of advanced public switched network capabilities and information services; (C) the public health, safety, national defense, education and security and emergency preparedness; (D) the economic development and quality of life by bringing access to advanced public switched network capabilities to the American people regardless of their location; (E) new services and motivate new service providers by providing uniform accessibility and interoperability; (F) the international competitiveness of American industry; and (G) a seamless, nationwide, coordinated and state- of-the-art public switched network that will enhance the quality of life for all Americans; (2) the increasing technological complexity and need for ubiquitous infrastructure capability and interoperability of the public switched network requires-- (A) sharing of the public switched network infrastructure and functionality between and among local exchange carriers; (B) joint coordinated network planning, design and cooperative implementation among all local exchange carriers; and (C) development of standards for interconnection between the local exchange carrier public switched network and others by appropriate standards-setting bodies; (3) the access services provided by the local exchange carrier public switched network to competitive carriers, information service providers and others, tie these diverse elements into an interoperable national telecommunications network; (4) a ubiquitous, advanced local exchange carrier public switched network enhances the function and availability of services provided by all carriers and all other persons accessing the local exchange carrier public switched network; and (5) it is in the public interest to promote development of the public switched network by local exchange carriers because they-- (A) have universal service obligations for geographically specific serving areas for which they must construct a ubiquitous infrastructure; (B) provide public switched network services that are subject to regulation with respect to rates, terms and conditions; (C) must provide network access to their own competitors on nondiscriminatory rates, terms and conditions; and (D) are suppliers of last resort to customers in their serving areas. SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934. (a) Amendment to Section 1.--Section 1 of the Communications Act of 1934 (47 U.S.C. 151) is amended by designating the existing text as subsection (a), and adding at the end thereof the following new subsection: ``(b) The Commission shall exercise its authority so as to-- ``(1) preserve and enhance universal service at reasonable rates; ``(2) achieve universal availability of advanced network capabilities and information services; ``(3) assure a seamless nationwide distribution network through joint networking planning, coordination and service arrangements between and among local exchange carriers; ``(4) maintain high standards for quality of advanced network services; and ``(5) assure adequate communication for the public health, safety, defense, education, national security and emergency preparedness.''. (b) Amendment to Section 2.--Section 2(b) of the Communications Act of 1934 (47 U.S.C. 152) is amended by deleting ``227'' and inserting in lieu thereof ``229''. (c) Amendment to Section 3.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended by adding at the end thereof the following new definitions: ``(hh) The term `local exchange carrier' means a carrier which-- ``(1) is required to provide upon request, under tariff or subject to other government oversight (by the Commission or a State commission), interstate and intrastate access services and telephone exchange service; ``(2) is, or was, a participant in one or more interstate pools established by the Commission, or would have been required to participate in one or more such pools had the carrier been engaged in interstate and intrastate access and telephone exchange service while such participation was mandatory; ``(3) is subject to the requirements imposed by the Commission or a State commission related to the provision of equal access; and ``(4) conforms with the provisions of the North American Numbering Plan applicable to the assignment of numbering resources for telephone exchange service, as defined by the Plan's Administrator. ``(ii) The term `Modification of Final Judgment' means the decree entered August 24, 1982, in United States v. Western Electric, Civil Action No. 82-0192 (United States District Court, District of Columbia).''. (d) Amendment to Title II.--Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new sections: ``SEC. 228. NETWORK PLANNING AND STANDARDS. ``The Commission shall, within 180 days following the date of the enactment of this section, prescribe regulations that require-- ``(1) joint coordinated network planning, design and cooperative implementation among all local exchange carriers in the provision of public switched network infrastructure and services; and ``(2) development of standards for interconnection between the local exchange carrier public switched network and others by appropriate standard-setting bodies. ``SEC. 229. INFRASTRUCTURE SHARING ARRANGEMENTS BETWEEN OR AMONG LOCAL EXCHANGE CARRIERS. ``(a) Within 180 days following the date of the enactment of this section, the Commission shall prescribe regulations that require a local exchange carrier to share public switched network infrastructure and functionality with requesting local exchange carriers lacking economies of scale or scope, as defined in subsection (b). ``(b) For the purposes of this section, the term `local exchange carrier lacking economies of scale or scope' means any local exchange carrier which serves a geographic area for which it lacks economies of scale or scope for the particular required network functionality. ``(c) The regulations governing such sharing between or among local exchange carriers shall-- ``(1) promote economically efficient decision-making by local exchange carriers; ``(2) not require any local exchange carrier to make any decision that is uneconomic or adverse to the public interest; ``(3) permit, but not require, joint ownership and operation of public switched network infrastructure and services by or among local exchange carriers; ``(4) limit their applicability to local exchange carriers; ``(5) ensure that a local exchange carrier, when sharing any infrastructure or providing any functionality to other local exchange carriers pursuant to this section, shall not be deemed a common carrier for hire when acting in this capacity, and such arrangements shall not be deemed common carrier services by the Commission or by any State commission; ``(6) ensure that fair and reasonable terms and conditions for and in connection with the business arrangement described in this section are determined by local exchange carriers in accordance with general guidelines contained in the regulations prescribed pursuant to this section; ``(7) establish conditions that promote cooperation between local exchange carriers; and ``(8) ensure that all regulatory rights and obligations for and in connection with the business arrangements described in this section shall be determined exclusively in accordance with the regulations prescribed pursuant to this section. ``(d) Nothing in this Act shall be construed to enact into law any economic support currently provided to telephone exchange service or enact into law any prohibition with regard to new economic support mechanisms for telephone exchange service or any service other than telephone exchange service. ``SEC. 230. SIGNALLING. ``Notwithstanding any other law or any restriction or obligation imposed before the date of enactment of this section pursuant to Modification of Final Judgment, no local exchange carrier shall be prohibited from transporting or processing signalling and information for another local exchange carrier in adjoining or reasonably proximate serving areas upon request of that local exchange carrier to the same extent that the providing local exchange carrier is permitted to engage in such activities for itself. ``SEC. 231. INTRASTATE COMMUNICATION. ``Except as provided in section 2, nothing in this Act shall be construed to alter, limit, or supersede the authority of any State with respect to the regulation of intrastate communication service.''. SEC. 4. ANTITRUST IMMUNITY FOR LOCAL EXCHANGE CARRIERS. (a) Nothing contained in any Federal or State antitrust law shall render unlawful any action taken by a local exchange carrier pursuant to sections 228, 229, and 230 of the Communications Act of 1934, or any individual or concerted action taken, including but not limited to, lobbying before Congress or the Federal Communications Commission or communicating by any means with other local exchange carriers, by any local exchange carrier, or its directors, officers, agents, employees, affiliates, subsidiaries, joint ventures, counsel or other persons purporting to act on behalf of such carrier. (b) For purposes of this Act, the following terms are defined to mean: (1) The term ``Federal Antitrust Laws'' means the Acts known as the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), the Robinson-Patman Act (15 U.S.C. 13 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), all subsequent amendments of such Acts, and any and all other laws which have been or are hereafter enacted to regulate or prevent contracts, combinations, or conspiracies in restraint of trade or monopolistic practices. (2) The term ``State Antitrust Laws'' means all laws enacted by States or territories within the United States or their political subdivisions which are patterned after the Federal laws known as the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), the Robinson-Patman Act (15 U.S.C. 13 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), or any subsequent amendments to such Acts, or any other State laws which are not patterned after such Federal Acts or amendments but which are designed to regulate or prevent contracts, combinations, or conspiracies in restraint of trade or monopolistic practices.
Local Exchange Infrastructure Modernization Act of 1993 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to exercise its authority to: (1) preserve and enhance universal telephone service at reasonable rates; (2) achieve universal availability of advanced network capabilities and information services; (3) assure a seamless nationwide distribution network through joint network planning, coordination, and service arrangements between and among local exchange carriers (LECs); (4) maintain high standards of quality for advanced network services; and (5) assure adequate communication for the public health, safety, defense, education, national security, and emergency preparedness. Defines "local exchange carrier" for purposes of such Act. Requires the FCC to prescribe regulations that require: (1) joint coordinated network planning, design, and cooperative implementation among all LECs in the provision of public switched network infrastructure and services; (2) development of standards for interconnection between the LEC public switched network and others by appropriate standard-setting bodies; and (3) a LEC to share public switched network infrastructure and functionality with requesting LECs which serve a geographic area for which they lack economies of scale or scope for the particular required network functionality.
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SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Piedras Blancas Historic Light Station Outstanding Natural Area Act of 2004''. (b) Definitions.--For the purposes of this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Light station.--The term ``Light Station'' means Piedras Blancas Light Station. (3) Public lands.--The term ``public lands'' has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1703(e)). (4) Outstanding natural area.--The term ``Outstanding Natural Area'' means the Piedras Blancas Historic Light Station Outstanding Natural Area established pursuant to section 3. SEC. 2. FINDINGS. Congress finds as follows: (1) The publicly owned Piedras Blancas Light Station has nationally recognized historical structures that should be preserved for present and future generations. (2) The coastline adjacent to the Light Station is internationally recognized as having significant wildlife and marine habitat that provides critical information to research institutions throughout the world. (3) The Light Station tells an important story about California's coastal prehistory and history in the context of the surrounding region and communities. (4) The coastal area surrounding the Light Station was traditionally used by Indian people, including the Chumash and Salinan Indian tribes. (5) The Light Station is historically associated with the nearby world-famous Hearst Castle (Hearst San Simeon State Historical Monument), now administered by the State of California. (6) The Light Station represents a model partnership where future management can be successfully accomplished among the Federal Government, the State of California, San Luis Obispo County, local communities, and private groups. (7) Piedras Blancas Historic Light Station Outstanding Natural Area would make a significant addition to the National Landscape Conservation System administered by the Department of the Interior's Bureau of Land Management. (8) Statutory protection is needed for the Light Station and its surrounding Federal lands to ensure that it remains a part of our historic, cultural, and natural heritage and to be a source of inspiration for the people of the United States. SEC. 3. DESIGNATION OF THE PIEDRAS BLANCAS HISTORIC LIGHT STATION OUTSTANDING NATURAL AREA. (a) In General.--In order to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Piedras Blancas Light Station, in San Luis Obispo County, California, while allowing certain recreational and research activities to continue, there is established, subject to valid existing rights, the Piedras Blancas Historic Light Station Outstanding Natural Area. (b) Maps and Legal Descriptions.--The boundaries of the Outstanding Natural Area as those shown on the map entitled ``Piedras Blancas Historic Light Station: Outstanding Natural Area'', dated May 5, 2004, which shall be on file and available for public inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State office of the Bureau of Land Management in the State of California. (c) Basis of Management.--The Secretary shall manage the Outstanding Natural Area as part of the National Landscape Conservation System to protect the resources of the area, and shall allow only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable laws. (d) Withdrawal.--Subject to valid existing rights, and in accordance with the existing withdrawal as set forth in Public Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal Register 52149), the Federal lands and interests in lands included within the Outstanding Natural Area are hereby withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the public land mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. SEC. 4. MANAGEMENT OF THE PIEDRAS BLANCAS HISTORIC LIGHT STATION OUTSTANDING NATURAL AREA. (a) In General.--The Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of that area, including an emphasis on preserving and restoring the Light Station facilities, consistent with the requirements section 3(c). (b) Uses.--Subject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the Secretary finds are likely to further the purposes for which the Outstanding Natural Area is established as set forth in section 3(a). (c) Management Plan.--Not later than 3 years after of the date of the enactment of this Act, the Secretary shall complete a comprehensive management plan consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) to provide long-term management guidance for the public lands within the Outstanding Natural Area and fulfill the purposes for which it is established, as set forth in section 3(a). The management plan shall be developed in consultation with appropriate Federal, State, and local government agencies, with full public participation, and the contents shall include-- (1) provisions designed to ensure the protection of the resources and values described in section 3(a); (2) objectives to restore the historic Light Station and ancillary buildings; (3) an implementation plan for a continuing program of interpretation and public education about the Light Station and its importance to the surrounding community; (4) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resources objectives for the Outstanding Natural Area as described in subsection (a) and with other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area; and (5) cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with appropriate departments of the State of California, with emphasis on the preservation of the resources of the Outstanding Natural Area and the interpretive, education, and long-term scientific uses of the resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the Outstanding Natural Area. (d) Cooperative Agreements.--In order to better implement the management plan and to continue the successful partnerships with the local communities and the Hearst San Simeon State Historical Monument, administered by the California Department of Parks and Recreation, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Management Policy and Management Act of 1976 (43 U.S.C. 1737(b)). (e) Research Activities.--In order to continue the successful partnership with research organizations and agencies and to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding Natural Area appropriate research activities for the purposes identified in section 3(a) and pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)). (f) Acquisition.--State and privately held lands or interests in lands adjacent to the Outstanding Natural Area and identified as appropriate for acquisition in the management plan may be acquired by the Secretary as part of the Outstanding Natural Area only by-- (1) donation; (2) exchange with a willing party; or (3) purchase from a willing seller. (g) Additions to the Outstanding Natural Area.--Any lands or interest in lands adjacent to the Outstanding Natural Area acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the Outstanding Natural Area. (h) Overflights.--Nothing in this Act or the management plan shall be construed to-- (1) restrict or preclude overflights, including low level overflights, military, commercial, and general aviation overflights that can be seen or heard within the Outstanding Natural Area; (2) restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the Outstanding Natural Area; or (3) modify regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary. (i) Law Enforcement Activities.--Nothing in this Act shall be construed to preclude or otherwise affect coastal border security operations or other law enforcement activities by the Coast Guard or other agencies within the Department of Homeland Security, the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding Natural Area. (j) Native American Uses and Interests.--In recognition of the past use of the Outstanding Natural Area by Indians and Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure access to the Outstanding Natural Area by Indians and Indian tribes for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the Outstanding Natural Area in order to protect the privacy of traditional cultural and religious activities in such areas by the Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95-341 (42 U.S.C. 1996 et seq.; commonly referred to as the ``American Indian Religious Freedom Act''). (k) No Buffer Zones.--The designation of the Outstanding Natural Area is not intended to lead to the creation of protective perimeters or buffer zones around area. The fact that activities outside the Outstanding Natural Area and not consistent with the purposes of this Act can be seen or heard within the Outstanding Natural Area shall not, of itself, preclude such activities or uses up to the boundary of the Outstanding Natural Area. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
Piedras Blancas Historic Light Station Outstanding Natural Area Act of 2004 - Establishes the Piedras Blancas Historic Light Station Outstanding Natural Area (Outstanding Natural Area) in San Luis Obispo County, California. Directs the Secretary of the Interior to manage the Outstanding Natural Area as part of the National Landscape Conservation System and to complete a comprehensive management plan to provide long-term management guidance for the public lands within the Outstanding Natural Area. Authorizes the Secretary to enter into cooperative agreements with Federal, State, and local agencies to implement the management plan in the Outstanding Natural Area and to continue partnerships with local communities and the Hearst San Simeon State Historical Monument. Provides for the acquisition of State and privately held lands adjacent to the Outstanding Natural Area as additions to the Outstanding Natural Area. Prohibits restrictions on overflights and law enforcement activities in the Outstanding Natural Area. Directs the Secretary to ensure access to the Outstanding Natural Area by Indians and Indian tribes for cultural and religious purposes.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Small Business Regulatory Assistance Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to establish a program to-- (1) provide confidential assistance to small business concerns; (2) provide small business concerns with the information necessary to improve their rate of compliance with Federal and State regulations; (3) create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance; (4) provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and (5) utilize the service delivery network of Small Business Development Centers to improve access of small business concerns to programs to assist them with regulatory compliance. SEC. 3. DEFINITIONS. In this Act, the definitions set forth in section 37(a) of the Small Business Act (as added by section 4 of this Act) shall apply. SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM. The Small Business Act (15 U.S.C. 637 et seq.) is amended-- (1) by redesignating section 37 as section 38; and (2) by inserting after section 36 the following new section: ``SEC. 37. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Association.--The term `Association' means the association recognized by the Administrator of the Small Business Administration under section 21(a)(3)(A). ``(2) Participating small business development center.--The term `participating Small Business Development Center' means a Small Business Development Center participating in the program. ``(3) Program.--The term `program' means the regulatory assistance program established under this section. ``(4) Regulatory compliance assistance.--The term `regulatory compliance assistance' means assistance provided by a Small Business Development Center to a small business concern to enable the concern to comply with Federal regulatory requirements. ``(5) Small business development center.--The term `Small Business Development Center' means a Small Business Development Center described in section 21. ``(6) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. ``(b) Authority.--In accordance with this section, the Administrator shall establish a program to provide regulatory compliance assistance to small business concerns through selected Small Business Development Centers, the Association of Small Business Development Centers, and Federal compliance partnership programs. ``(c) Small Business Development Centers.-- ``(1) In general.--In carrying out the program, the Administrator shall enter into arrangements with selected Small Business Development Centers under which such Centers shall provide-- ``(A) access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act (42 U.S.C. 7661f); ``(B) training and educational activities; ``(C) confidential, free-of-charge, one-on-one, in- depth counseling to the owners and operators of small business concerns regarding compliance with Federal and State regulations, as long as such counseling is not considered to be the practice of law in a State in which a Small Business Development Center is located or in which such counseling is conducted; ``(D) technical assistance; ``(E) referrals to experts and other providers of compliance assistance who meet such standards for educational, technical, and professional competency as are established by the Administrator; and ``(F) access to the Internet and training on Internet use, including the use of the Internet website established by the Administrator under subsection (d)(1)(C). ``(2) Reports.-- ``(A) In general.--Each selected Small Business Development Center shall transmit to the Administrator a quarterly report that includes-- ``(i) a summary of the regulatory compliance assistance provided by the center under the program; and ``(ii) any data and information obtained by the center from a Federal agency regarding regulatory compliance that the agency intends to be disseminated to small business concerns. ``(B) Electronic form.--Each report required under subparagraph (A) shall be transmitted in electronic form. ``(C) Interim reports.--A participating Small Business Development Center may transmit to the Administrator such interim reports as the Center considers appropriate. ``(D) Limitation on disclosure requirements.--The Administrator shall not require a Small Business Development Center to disclose the name or address of any small business concern that received or is receiving assistance under the program, except that the Administrator shall require such a disclosure if ordered to do so by a court in any civil or criminal action. ``(d) Data Repository and Clearinghouse.-- ``(1) In general.--In carrying out the program, the Administrator shall-- ``(A) act as the repository of and clearinghouse for data and information submitted by Small Business Development Centers; ``(B) submit to the President, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives an annual report that includes-- ``(i) a description of the types of assistance provided by participating Small Business Development Centers under the program; ``(ii) data regarding the number of small business concerns that contacted participating Small Business Development Centers regarding assistance under the program; ``(iii) data regarding the number of small business concerns assisted by participating Small Business Development Centers under the program; ``(iv) data and information regarding outreach activities conducted by participating Small Business Development Centers under the program, including any activities conducted in partnership with Federal agencies; ``(v) data and information regarding each case known to the Administrator in which one or more Small Business Development Centers offered conflicting advice or information regarding compliance with a Federal or State regulation to one or more small business concerns; ``(vi) any recommendations for improvements in the regulation of small business concerns; and ``(vii) a list of regulations identified by the Administrator, after consultation with the Chief Counsel for Advocacy of the Administration, who shall review such list, and the Small Business and Agriculture Regulatory Enforcement Ombudsman, as being most burdensome to small business concerns, and recommendations to reduce or eliminate the burdens of such regulations; and ``(C) establish an Internet website that-- ``(i) provides access to Federal, State, academic, and industry association Internet websites containing industry-specific regulatory compliance information that the Administrator deems potentially useful to small businesses attempting to comply with Federal regulations; and ``(ii) arranges such Internet websites in industry-specific categories. ``(e) Review of Burdensome Regulations and Petition for Agency Review.-- ``(1) Transmission of list of regulations to chief counsel for advocacy.--The Administrator shall transmit to the Chief Counsel for Advocacy of the Administration a copy of the list of regulations submitted under subsection (d)(1)(B) as part of the annual report required by that subsection. ``(2) Review of list of regulations.--The Chief Counsel for Advocacy shall review the list of regulations transmitted under paragraph (1) and identify any regulation that-- ``(A) is eligible for review in accordance with section 610 of title 5, United States Code; ``(B) has a significant impact on a substantial number of small business concerns that is substantially different from the impact indicated in the final regulatory flexibility analysis for that regulation, as published with the final regulation in the Federal Register; or ``(C) has a significant impact on a substantial number of small business concerns and for which no final regulatory flexibility analysis was ever performed. ``(3) Notification and agency review.--With respect to any regulation identified under paragraph (2) the Chief Counsel for Advocacy shall-- ``(A) notify the appropriate Federal rulemaking agency and the Office of Information and Regulatory Affairs of the Office of Management of the identification of such rule or regulation; and ``(B) request the review of such regulation-- ``(i) in accordance with section 610 of title 5, United States Code; or ``(ii) for any impact it has on small business concerns. ``(4) Annual report.--The Chief Counsel for Advocacy shall publish an annual report containing a list of any regulation identified under paragraph (2) and the disposition by the appropriate agency. ``(f) Eligibility.-- ``(1) In general.--A Small Business Development Center shall be eligible to receive assistance under the program only if the center is certified under section 21(k)(2). ``(2) Waiver.--With respect to a Small Business Development Center seeking assistance under the program, the administrator may waive the certification requirement set forth in paragraph (1) if the Administrator determines that the center is making a good faith effort to obtain such certification. ``(3) Effective date.--The restriction described in paragraph (1) shall not apply to any Small Business Development Center before October 1, 2007. ``(g) Selection of Participating State Programs.-- ``(1) Establishment of program.--In consultation with the Association and giving substantial weight to the Association's recommendations, the Administrator shall select the Small Business Development Center programs of 2 States from each of the following groups of States to participate in the program: ``(A) Group 1: Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. ``(B) Group 2: New York, New Jersey, Puerto Rico, and the Virgin Islands. ``(C) Group 3: Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. ``(D) Group 4: Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. ``(E) Group 5: Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. ``(F) Group 6: Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. ``(G) Group 7: Missouri, Iowa, Nebraska, and Kansas. ``(H) Group 8: Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. ``(I) Group 9: California, Guam, Hawaii, Nevada, and Arizona. ``(J) Group 10: Washington, Alaska, Idaho, and Oregon. ``(2) Deadline for initial selections.--The Administrator shall make selections under paragraph (1) not later than 60 days after promulgation of regulations under section 5 of the National Small Business Regulatory Assistance Act of 2007. ``(3) Additional selections.--Not earlier than the date 3 years after the date of the enactment of this paragraph, the Administrator may select Small Business Development Center programs of States in addition to those selected under paragraph (1). The Administrator shall consider the effect on the programs selected under paragraph (1) before selecting additional programs under this paragraph. ``(4) Coordination to avoid duplication with other programs.--In selecting programs under this subsection, the Administrator shall give a preference to Small Business Development Center programs that have a plan for consulting with Federal and State agencies to ensure that any assistance provided under this section is not duplicated by an existing Federal or State program. ``(h) Matching Not Required.--Subparagraphs (A) and (B) of section 21(a)(4) shall not apply to assistance made available under the program. ``(i) Distribution of Grants.-- ``(1) In general.--Except as provided in paragraph (2), each State program selected to receive a grant under subsection (g) in a fiscal year shall be eligible to receive a grant in an amount not to exceed the product obtained by multiplying-- ``(A) the amount made available for grants under this section for the fiscal year; and ``(B) the ratio that the population of the State bears to the population of all the States with programs selected to receive grants under subsection (g) for the fiscal year. ``(2) Minimum amount.--The minimum amount that a State program selected to receive a grant under subsection (g) shall be eligible to receive under this section for any fiscal year shall be $250,000. The Administrator shall reduce the amount described in paragraph (1) as appropriate to carry out the purposes of this paragraph and subsection (j)(2). ``(j) Evaluation and Report.--Not later than 3 years after the establishment of the program, the Comptroller General of the United States shall conduct an evaluation of the program and shall transmit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report containing the results of the evaluation along with any recommendations as to whether the program, with or without modification, should be extended to include the participation of all Small Business Development Centers. ``(k) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $6,000,000 for fiscal year 2008 and each subsequent fiscal year. ``(2) Limitation on use of other funds.--The Administrator shall carry out the program only with amounts appropriated in advance specifically to carry out this section.''. SEC. 5. PROMULGATION OF REGULATIONS. After providing notice and an opportunity for comment and after consulting with the Association (but not later than 180 days after the date of the enactment of this Act), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) priorities for the types of assistance to be provided under the program; (2) standards relating to educational, technical, and support services to be provided by participating Small Business Development Centers; (3) standards relating to any national service delivery and support function to be provided by the Association under the program; (4) standards relating to any work plan that the Administrator may require a participating Small Business Development Center to develop; and (5) standards relating to the educational, technical, and professional competency of any expert or other assistance provider to whom a small business concern may be referred for compliance assistance under the program.
National Small Business Regulatory Assistance Act of 2007 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish a program to provide regulatory compliance assistance to small businesses through participating Small Business Development Centers (Centers), the Association for Small Business Development Centers (Association), and federal compliance partnership programs. Requires the Administrator to enter into arrangements with participating Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with federal and state regulations; and (4) technical assistance. Directs the Administrator to contract with the Association to act as the repository of and clearinghouse for data and information submitted by Centers. Requires the Administrator, giving substantial weight to the Association's recommendations, to select the Centers programs of two states from each of ten groups of states for participation in the program. Authorizes the Administrator to make additional selections after three years, with a preference for programs that have a plan for consulting with federal and state agencies to ensure that assistance provided under this act is not duplicated by any other federal or state program. Sets forth the formula for determining program grant amounts. Provides a minimum grant amount of $250,000.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans One Source Act of 2010''. SEC. 2. ONE-STOP INTERNET WEBSITE FOR INFORMATION ON BENEFITS, RESOURCES, SERVICES, AND OPPORTUNITIES FOR VETERANS AND THEIR FAMILIES AND CAREGIVERS. (a) Findings.--Congress makes the following findings: (1) One of the most critical problems identified by veterans and their families and caregivers is a lack of easily accessible information and advice on benefits, resources, services, and opportunities for members of the veteran community. (2) A guiding principle of the Department of Veterans Affairs in bringing the Department into the 21st century is to ensure coordination between the Department of Veterans Affairs and the Department of Defense to provide a seamless transition from military life to civilian life. (3) The Department of Veterans Affairs has also emphasized its intent to modernize, streamline, and simplify the provision of resources to the veteran community, including through the elimination of paper waste. (4) The Internet increasingly serves as an essential communication tool for all sectors of society and should be used efficiently and effectively as a tool to provide interactive outreach to the veteran community. (5) The Department of Veterans Affairs, the Department of Labor, and other departments and agencies of the Federal Government have taken strong steps to improve outreach to veterans, including through the creation of Internet websites for specific veteran populations, such as the National Resource Directory for wounded veterans. (6) However, the lack of a single, all-inclusive, user- friendly Internet website with all relevant information on benefits, resources, services, and opportunities for veterans and their families and caregivers continues to impede the seamless transition of veterans from military life to civilian life. (7) Moreover, veterans and their families and caregivers continue to seek direct and personalized assistance from the Department of Veterans Affairs that could be effectively and efficiently supplemented by strong, interactive online services. (8) The Department of Defense has implemented an effective and well-used program, Military One Source, that includes an Internet website with consolidated information for members of the Armed Forces on active duty. (9) The Department of Defense has also successfully employed various interactive, virtual tools on its Internet websites to provide a higher quality virtual Internet experience to members of the Armed Forces. (10) The veterans community would be well-served by the establishment of a single, consolidated, expanded, and interactive Internet website to ensure streamlined and simplified access to all information and advice on benefits, resources, services, and opportunities available to veterans and their families and caregivers. (b) One-Stop Internet Website for Information on Benefits, Resources, Services, and Opportunities for Veterans and Their Families and Caregivers.-- (1) In general.--The Secretary of Veterans Affairs shall establish and maintain an interactive Internet website that provides information on the benefits, resources, services, and opportunities described in subsection (d). The Secretary may enter into a contract with an appropriate Federal or private sector entity for purposes of establishing or maintaining the website. (2) Nature of website.--The website shall-- (A) serve to consolidate, expand on, and improve information and links from other existing Internet websites relating to the benefits, resources, services, and opportunities described in subsection (d), and may include such other information and links on such benefits, resources, services, and opportunities as the Secretary considers appropriate; and (B) integrate dynamic Internet features and virtual interface tools described in subsection (e) to provide veterans a personalized, interactive, and user-centered Internet experience and increase interoperability, facilitate collaborative information sharing, and streamline provision of information and advice to veterans and their families and caregivers. (3) Utilization of existing website in establishment.--In establishing the website, the Secretary may utilize an existing Internet website, such as the National Resource Directory for wounded veterans, as the basis for the website, in order to avoid unnecessary duplication of effort. (4) Consultation.--The Secretary of Veterans Affairs carry out activities under this subsection in consultation with the following: (A) The Secretary of Defense, particularly with respect to the Military One Source program and other interactive virtual tools employed by the Department of Defense. (B) The Secretary of Labor. (C) The Secretary of Education. (D) The Commissioner of Internal Revenue. (E) The Commissioner of Social Security. (F) The Administrator of the Small Business Administration. (G) Any other Federal officials that the Secretary of Veterans Affairs considers appropriate for purposes of this section. (H) Appropriate advisory committees on veterans matters. (I) Other representatives, individuals, and organizations specified in section 6302(c) of title 38, United States Code. (c) Domain and Name of Website.-- (1) Domain.--In establishing the Internet website under subsection (b) the Secretary shall consider the advisability of registering the website in the ``.com'' domain, rather than the ``.gov'' domain, and shall register the website in the ``.com'' domain if the Secretary considers registration of the website in that domain advisable. (2) Name.--The name selected for the website shall be a name intended to reveal the website as a single, one-stop resource for veterans and their families and caregivers on the benefits, resources, services, and opportunities described in subsection (d). (d) Benefits, Resources, Services, and Opportunities.--The benefits, resources, services, and opportunities described in this subsection are benefits, resources, services, and opportunities as follows: (1) Veterans benefits provided by or through the Department of Veterans Affairs, including pension and compensation benefits, health care benefits (including mental health care benefits), education assistance and benefits, housing assistance and benefits, and other assistance and benefits. (2) Veterans benefits provided by or through the Department of Labor, including employment and reemployment benefits, and other benefits provided by or through the Department of Labor. (3) Tax benefits. (4) Social security benefits. (5) Veterans benefits provided by or through the Small Business Administration, including assistance related to small business, and other benefits provided by or though the Small Business Administration. (6) Resources, services, and opportunities such as-- (A) resources for families; (B) resources on child care; (C) resources on home care; (D) resources for caregivers; (E) resources for education professionals, mental health professionals, and other professionals that provide for veterans; (F) resources on stress management and mental health care; (G) resources on veterans service organizations (including website links to organization locators and claims assistance); (H) information and links on State and local resources; (I) information on discounts available to veterans; (J) information and resources on volunteer opportunities available to veterans, including opportunities at Department of Veterans Affairs medical centers; (K) information and resources on community events; and (L) such other information and resources as the Secretary of Veterans Affairs considers appropriate for purposes of the website required by this section. (7) Assistance in applying for and receiving benefits and resources under paragraphs (1) through (6). (8) Such other benefits, resources, services, opportunities, and assistance as the Secretary considers appropriate for purposes of the website. (e) Interactive Features.--In incorporating interactive features in the Internet website required by this section pursuant to subsection (b)(2)(B), the Secretary should incorporate the following: (1) Tools such as interactive, animated virtual guides, to guide users through the website. (2) Resources on peer-to-peer discussions, workshops, and other interactive services for veterans and their families and caregivers. (3) Information on ride-sharing for appointments. (4) Memorial notices. (5) Internet applications. (6) Such other interactive features as the Secretary considers appropriate. (f) Inclusion of Information on Website in Biennial Reports Relating to Outreach Activities.-- (1) Biennial plan.--The Secretary of Veterans Affairs shall include in each biennial plan on outreach activities of the Department of Veterans Affairs under section 6302 of title 38, United States Code, the plans of the Department for the period covered by such report for improving and enhancing the Internet website required by this section to better provide information on the benefits, resources, services, and opportunities described in subsection (d) and to otherwise enhance the website as a source and point of contract for information on such benefits, resources, services, and opportunities. (2) Biennial report.--The Secretary shall include in each biennial report on outreach activities of the Department under section 6308 of title 38, United States Code, a description of the manner in which the Internet website required by this section contributed to the outreach activities of the Secretary, including outreach activities under chapter 63 of such title.
Veterans One Source Act of 2010 - Directs the Secretary of Veterans Affairs (VA) to establish and maintain an Internet website that provides information on the benefits, resources, services, and opportunities available for veterans and their families and caregivers, including veterans' benefits provided through the VA and the Department of Labor, tax benefits, social security benefits, state and local resources, and small business assistance. Requires the website to: (1) consolidate, expand on, and improve information and links from other existing websites relating to such benefits, resources, services, and opportunities; and (2) integrate dynamic Internet features and virtual interface tools to provide a personalized, interactive, and user-centered Internet experience. Requires the Secretary to consult with specified federal officials in providing information on benefits and services. Directs the Secretary to include, in a currently-required biennial plan on VA outreach activities, the VA's plans for improving and enhancing the website.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber-Security Enhancement and Consumer Data Protection Act of 2006''. SEC. 2. PERSONAL ELECTRONIC RECORDS. Section 1030(a)(2) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (B); and (2) by adding at the end the following: ``(D) a means of identification (as defined in section 1028(d)) from a protected computer; or ``(E) the capability to gain access to or remotely control a protected computer.''. SEC. 3. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL PENALTIES. (a) Broadening of Scope.--Section 1030(e)(2)(B) of title 18, United States Code, is amended by inserting ``or affecting'' after ``which is used in''. (b) Elimination of Requirement of an Interstate or Foreign Communication for Certain Offenses Involving Protected Computers.-- Section 1030(a)(2)(C) of title 18, United States Code, is amended by striking ``if the conduct involved an interstate or foreign communication''. SEC. 4. RICO PREDICATES. Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 1030 (relating to fraud and related activity in connection with computers),'' before ``section 1084''. SEC. 5. CYBER-EXTORTION. Section 1030(a)(7) of title 18, United States Code, is amended by inserting ``, or to access without authorization or exceed authorized access to a protected computer'' after ``cause damage to a protected computer''. SEC. 6. CONSPIRACY TO COMMIT CYBER-CRIMES. Section 1030(b) of title 18, United States Code, is amended by inserting ``or conspires'' after ``attempts''. SEC. 7. NOTICE TO LAW ENFORCEMENT. (a) Criminal Penalty for Failure to Notify Law Enforcement.-- Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1039. Concealment of security breaches involving personal information ``(a) Offense.--Whoever owns or possesses data in electronic form containing a means of identification (as defined in section 1028), having knowledge of a major security breach of the system containing such data maintained by such person, and knowingly fails to provide notice of such breach to the United States Secret Service or Federal Bureau of Investigation, with the intent to prevent, obstruct, or impede a lawful investigation of such breach, shall be fined under this title, imprisoned not more than 5 years, or both. ``(b) Definitions.--As used in this section-- ``(1) Major security breach.--The term `major security breach' means any security breach-- ``(A) whereby means of identification pertaining to 10,000 or more individuals is, or is reasonably believed to have been acquired, and such acquisition causes a significant risk of identity theft; ``(B) involving databases owned by the Federal Government; or ``(C) involving primarily data in electronic form containing means of identification of Federal Government employees or contractors involved in national security matters or law enforcement. ``(2) Significant risk of identity theft.-- ``(A) In general.--The term `significant risk of identity theft' means such risk that a reasonable person would conclude, after a reasonable opportunity to investigate, that it is more probable than not that identity theft has occurred or will occur as a result of the breach. ``(B) Presumption.--If the data in electronic form containing a means of identification involved in a suspected breach has been encrypted, redacted, requires technology to use or access the data that is not commercially available, or has otherwise been rendered unusable, then there shall be a presumption that the breach has not caused a significant risk of identity theft. Such presumption may be rebutted by facts demonstrating that the encryption code has been or is reasonably likely to be compromised, that the entity that acquired the data is believed to possess the technology to access it, or the owner or possessor of the data is or reasonably should be aware of an unusual pattern of misuse of the data that indicates fraud or identity theft.''. (b) Rulemaking.--Within 180 days after the date of enactment of this Act, the Attorney General and Secretary of Homeland Security shall jointly promulgate rules and regulations, after adequate notice and an opportunity for comment, as are reasonably necessary, governing the form, content, and timing of the notices required pursuant to section 1039 of title 18, United States Code. Such rules and regulations shall not require the deployment or use of specific products or technologies, including any specific computer hardware or software, to protect against a security breach. Such rules and regulations shall require that-- (1) such notice be provided to the United States Secret Service or Federal Bureau of Investigation before any notice of a breach is made to consumers under State or Federal law, and within 14 days of discovery of the breach; (2) if the United States Secret Service or Federal Bureau of Investigation determines that any notice required to be made to consumers under State or Federal law would impede or compromise a criminal investigation or national security, the United States Secret Service or Federal Bureau of Investigation shall direct in writing within 7 days that such notice shall be delayed for 30 days, or until the United States Secret Service or Federal Bureau of Investigation determines that such notice will not impede or compromise a criminal investigation or national security; (3) the United States Secret Service shall notify the Federal Bureau of Investigation, if the United States Secret Service determines that such breach may involve espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or Restricted Data (as that term is defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y))), except for offenses affecting the duties of the United States Secret Service under section 3056(a) of title 18, United States Code; and (4) the United States Secret Service or Federal Bureau of Investigation notify the Attorney General in each State affected by the breach, if the United States Secret Service or Federal Bureau of Investigation declines to pursue a criminal investigation, or as deemed necessary and appropriate. (c) Immunity From Lawsuit.--No cause of action shall lie in any court against any law enforcement entity or any person who notifies law enforcement of a security breach pursuant to this section for any penalty, prohibition, or damages relating to the delay of notification for law enforcement purposes under this Act. (d) Civil Penalty for Failure to Notify.--Whoever knowingly fails to give a notice required under section 1039 of title 18, United States Code, shall be subject to a civil penalty of not more than $50,000 for each day of such failure, but not more than $1,000,000. (e) Relation to State Laws.-- (1) In general.--The requirement to notify law enforcement under this section shall supersede any other notice to law enforcement required under State law. (2) Exception for state consumer notice laws.--The notice required to law enforcement under this section shall be in addition to any notice to consumers required under State or Federal law following the discovery of a security breach. Nothing in this section annuls, alters, affects or exempts any person from complying with the laws of any State with respect to notice to consumers of a security breach, except as provided by subsections (b) and (c). (f) Duty of Federal Agencies and Departments.--An agency or department of the Federal Government which would be required to give notice of a major security breach under section 1039 of title 18, United States Code, if that agency or department were a person, shall notify the United States Secret Service or Federal Bureau of Investigation of the breach in the same time and manner as a person subject to that section. The rulemaking authority under subsection (b) shall include the authority to make rules for notice under this subsection of a major security breach. (g) Clerical Amendment.--The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by adding at the end the following new item: ``1039. Concealment of security breaches involving personal information.''. SEC. 8. PENALTIES FOR SECTION 1030 VIOLATIONS. Subsection (c) of section 1030 of title 18, United States Code, is amended to read as follows: ``(c)(1) The punishment for an offense under subsection (a) or (b) is a fine under this title or imprisonment for not more than 30 years, or both. ``(2) The court, in imposing sentence for an offense under subsection (a) or (b), shall, in addition to any other sentence imposed and irrespective of any provision of State law, order that the person forfeit to the United States-- ``(A) the person's interest in any personal property that was used or intended to be used to commit or to facilitate the commission of such violation; and ``(B) any property, real or personal, constituting or derived from, any proceeds the person obtained, directly or indirectly, as a result of such violation.''. SEC. 9. DIRECTIVE TO SENTENCING COMMISSION. (a) Directive.--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 forthwith review its guidelines and policy statements applicable to persons convicted of offenses under sections 1028, 1028A, 1030, 1030A, 2511 and 2701 of title 18, United States Code and any other relevant provisions of law, in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by such guidelines and policy statements. (b) Requirements.--In determining its guidelines and policy statements on the appropriate sentence for the crimes enumerated in paragraph (a), the Commission shall consider the extent to which the guidelines and policy statements may or may not account for the following factors in order to create an effective deterrent to computer crime and the theft or misuse of personally identifiable data-- (1) the level of sophistication and planning involved in such offense; (2) whether such offense was committed for purpose of commercial advantage or private financial benefit; (3) the potential and actual loss resulting from the offense; (4) whether the defendant acted with intent to cause either physical or property harm in committing the offense; (5) the extent to which the offense violated the privacy rights of individuals; (6) the effect of the offense upon the operations of a government agency of the United States, or of a State or local government; (7) whether the offense involved a computer used by the government in furtherance of national defense, national security or the administration of justice; (8) whether the offense was intended to, or had the effect of significantly interfering with or disrupting a critical infrastructure; (9) whether the offense was intended to, or had the effect of creating a threat to public health or safety, injury to any person, or death; and (10) whether the defendant purposefully involved a juvenile in the commission of the offense to avoid punishment. (c) Additional Requirements.--In carrying out this section, the Commission shall-- (1) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (2) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (3) make any conforming changes to the sentencing guidelines; and (4) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. SEC. 10. DAMAGE TO PROTECTED COMPUTERS. (a) Section 1030(a)(5)(B) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (iv); (2) by inserting ``or'' at the end of clause (v); and (3) by adding at the end the following: ``(vi) damage affecting ten or more protected computers during any 1-year period.''. (b) Section 1030(g) of title 18, United States Code, is amended by striking ``or'' after ``(iv),'' and inserting ``, or (vi)'' after ``(v)''. (c) Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking ``(v) (relating to protection of computers)'' and inserting ``(vi) (relating to the protection of computers)''. SEC. 11. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE CRIMINAL ACTIVITY INVOLVING COMPUTERS. (a) Additional Funding for Resources.-- (1) Authorization.--In addition to amounts otherwise authorized for resources to investigate and prosecute criminal activity involving computers, there are authorized to be appropriated for each of the fiscal years 2007 through 2011-- (A) $10,000,000 to the Director of the United States Secret Service; (B) $10,000,000 to the Attorney General for the Criminal Division of the Department of Justice; and (C) $10,000,000 to the Director of the Federal Bureau of Investigation. (2) Availability.--Any amounts appropriated under paragraph (1) shall remain available until expended. (b) Use of Additional Funding.--Funds made available under subsection (a) shall be used by the Director of the United States Secret Service, the Director of the Federal Bureau of Investigation, and the Attorney General, for the United States Secret Service, the Federal Bureau of Investigation, and the criminal division of the Department of Justice, respectively, to-- (1) hire and train law enforcement officers to-- (A) investigate crimes committed through the use of computers and other information technology, including through the use of the Internet; and (B) assist in the prosecution of such crimes; and (2) procure advanced tools of forensic science to investigate, prosecute, and study such crimes.
Cyber-Security Enhancement and Consumer Data Protection Act of 2006 - (Sec. 2) Amends the federal criminal code to prohibit obtaining without authorization: (1) a means of identification from a protected computer (a computer exclusively for the use of a financial institution or the federal government); or (2) the capability to gain access to or remotely control a protected computer. (Sec. 3) Revises the definition of "protected computer" to include a computer the use of which affects interstate or foreign commerce or communication. Eliminates the criminal law requirement that conduct constituting computer fraud involve an interstate or foreign communication. (Sec. 4) Includes computer fraud within the definition of racketeering for purposes of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 5) Includes threats to access a protected computer without authorization or to exceed such authorized access within the definition of computer-related extortion. (Sec. 6) Expands the crime of computer fraud to include conspiracy to commit computer fraud. (Sec. 7) Imposes a fine and/or prison term of up to five years for failure to notify the U.S. Secret Service or Federal Bureau of Investigation (FBI) of a major security breach in a database containing identification information with the intent to prevent, obstruct, or impede a lawful investigation of such breach. Defines "major security breach" as any security breach that involves: (1) the acquisition of the identification information of 10,000 or more individuals causing a significant risk of identity theft; (2) databases owned by the federal government; and (3) data containing identification information of federal employees or contractors involved in national security matters or law enforcement. Directs the Attorney General and the Secretary of Homeland Security to jointly issue regulations on the form, content, and timing of notices of major security breaches. Requires that such regulations provide that notice of a security breach be provided to the Secret Service or FBI before notice is provided to consumers and within 14 days after discovery of such breach. Grants immunity to law enforcement entities or to any person who notifies law enforcement of a security breach. Imposes a civil penalty of $50,000 for each day any individual fails to provide notice of a major security breach (not to exceed $1 million). (Sec. 8) Increases the prison term for computer fraud to a maximum of 30 years. Requires forfeiture of any personal property used to commit computer fraud. (Sec. 9) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to reflect congressional intent to increase criminal penalties for computer fraud. (Sec. 10) Imposes criminal penalties for damage affecting ten or more protected computers during any one-year period. (Sec. 11) Authorizes additional funding in FY2007-FY2011 to the Director of the Secret Service, the Attorney General for the Criminal Division of the Department of Justice, and the Director of the FBI to investigate and prosecute crimes committed through the use of computers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``DUI Reporting Act of 2018''. SEC. 2. IMPAIRED DRIVING COUNTERMEASURES. Section 405(d) of title 23, United States Code, is amended by adding at the end the following: ``(8) Special rules relating to dui reporting.-- ``(A) In general.--Notwithstanding any other provision of this subsection, the Secretary shall withhold from a State, in accordance with this paragraph, each grant under this subsection for a fiscal year if the State does not appear on the most recent list provided to the Secretary under subparagraph (B)(ii)(I). ``(B) List.-- ``(i) Requirement.--The Attorney General shall provide to the Secretary a list identifying each State that, in the determination of the Attorney General, is ensuring, through law or policy, that all State and local law enforcement agencies in that State are appropriately reporting covered arrests to the appropriate Federal repository (which the Attorney General may determine to be the National Crime Information Center or the Next Generation Identification system). ``(ii) Timing.--Each year, the Attorney General shall provide the list required under clause (i)-- ``(I) during the 30-day period ending on September 30; and ``(II) on the date that is 90 days after the date on which the list is provided pursuant to subclause (I). ``(iii) Availability to the public.--The Attorney General shall make available to the public on an appropriate Federal website each list provided to the Secretary under this subparagraph. ``(C) Withholding.-- ``(i) In general.--The Secretary shall withhold grants under subparagraph (A) in accordance with the following: ``(I) If the applicable State is subject to withholding under subparagraph (A) for the first time, the Secretary shall withhold 25 percent of the amount of the grant that would otherwise be made available to the State. ``(II) If the applicable State is subject to withholding under subparagraph (A) for the second time, the Secretary shall withhold 50 percent of the amount of the grant that would otherwise be made available to the State. ``(III) If the applicable State is subject to withholding under subparagraph (A) for the third time (or more), the Secretary shall withhold 100 percent of the amount of the grant that would otherwise be made available to the State. ``(ii) First year warnings.-- ``(I) No withholding.--During the first fiscal year with respect to which the Secretary may withhold grant amounts under subparagraph (A), the Secretary, notwithstanding such subparagraph, shall not withhold any grant amounts from any State under such subparagraph. ``(II) Warnings.--The Secretary shall notify each State that would have been subject to withholding under subparagraph (A), if not for this clause, and such notice shall not be treated as a withholding for purposes of clause (i) of this subparagraph. ``(D) Availability of withheld amounts.-- ``(i) In general.--Amounts withheld from a State under subparagraph (A) shall remain available to be provided to the State until the end of the 90-day period beginning on the date of the withholding. ``(ii) Return to compliance.--At the end of a 90-day period described in clause (i), if the applicable State appears on the most recent list provided under subparagraph (B)(ii)(II), amounts withheld from the State shall be provided to the State. ``(iii) Continued noncompliance.--At the end of a 90-day period described in clause (i), if the applicable State does not appear on the most recent list provided under subparagraph (B)(ii)(II), amounts withheld from the State shall be reallocated consistent with subsection (a)(8). ``(E) Use of grants.--Notwithstanding any other provision of this subsection, a State that receives a grant under this subsection may use grant amounts for costs associated with reporting covered arrests. ``(F) Covered arrests defined.--In this paragraph, the term `covered arrests' means arrests for offenses involving driving under the influence of, or while intoxicated by, alcohol or drugs. ``(G) Applicability.--This paragraph shall apply to the second fiscal year beginning after the date of enactment of this paragraph and each fiscal year thereafter.''.
DUI Reporting Act of 2018 This bill requires the Department of Transportation (DOT) to withhold national priority safety program grant funds from a state that does not appear on the most recent list provided to DOT by the Department of Justice identifying states that are appropriately reporting arrests for driving under the influence of alcohol or drugs.
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SECTION 1. FINDING. Congress finds that the exchange of Federal land and non-Federal land under this Act furthers the public objectives referred to in section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) for the following reasons: (1) On December 21, 2007, the Bureau of Land Management issued a Final Decision Record and Finding of No Significant Impact approving the Blackrock Land Exchange, IDI-35337, between the United States and the J.R. Simplot Company, an Idaho Corporation, involving Federal land in the Pocatello Field Office in the State of Idaho. (2) The Final Decision Record was issued as a result of a multiyear review and public input process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), under which the Bureau of Land Management found-- (A)(i) the 2 parcels of Federal land comprising 718.56 acres that are proposed for conveyance to the J.R. Simplot Company are managed by the Bureau of Land Management in the State of Idaho; and (ii) the conveyance of the Federal land described in clause (i) is consistent with-- (I) the multiple-use statutory mission of the Bureau of Land Management; and (II) the Pocatello Resource Management Plan; (B) the 3 parcels of non-Federal land comprising 666.92 acres that are proposed for conveyance to the United States-- (i) are owned by the J.R. Simplot Company; and (ii) provide greater resources and values to the United States than the resources and values of the Federal land, including through the United States-- (I) consolidating Federal land; (II) gaining direct access to adjacent Federal land; and (III) acquiring critical deer habitat; (C) the Federal land is adjacent to the phosphate ore processing facility of the J.R. Simplot Company; (D) carrying out the land exchange under this Act would provide a buffer and an expansion area for a possible phosphate disposal facility; (E) the land exchange under this Act would not authorize any potential future siting of a new phosphate disposal facility or related facilities because other governmental entities, primarily the State of Idaho and the Environmental Protection Agency, would still have the responsibility and authority to make decisions relating to the approval of any future phosphate disposal facilities; and (F) after consultation with the Shoshone-Bannock Tribes, a federally recognized Tribe with Tribal headquarters at Fort Hall, Idaho, the Bureau of Land Management determined that-- (i) the land exchange authorized under this Act would result in a net loss of 52 acres of public land; but (ii) the loss of public land acreage would be outweighed by the superior natural resources acquired in the land exchange that would enhance and increase opportunities for off- Reservation hunting and gathering by members of the Tribes. (3) On June 5, 2009, the Interior Board of Land Appeals of the Department of the Interior issued an order, numbered IBLA 2009-27, affirming the Final Decision Record of the Bureau of Land Management. (4) On May 3, 2011, the Federal District Court for the District of Idaho issued a decision finding that the Bureau of Land Management violated the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by failing to prepare a full environmental impact statement on detailed future uses, rather than an environmental assessment, with respect to the proposed land exchange. (5) The Bureau of Land Management and the J.R. Simplot Company-- (A) disagreed with the decision described in paragraph (4); and (B) argued that the Final Decision Record adequately analyzed the foreseeable environmental effects of the land exchange authorized under this Act. (6) The fundamental disagreement over the level of analysis needed to complete the land exchange authorized under this Act raises the possibility of an endless cycle of Federal analysis and litigation that has no certain outcome, not only for the Federal land to be exchanged under this Act, but also for other land owned by the United States that is identified for disposal. (7) The land exchange authorized under this Act-- (A) would permanently resolve the conflict relating to the Federal land and non-Federal land; and (B) is in the public interest. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the 2 parcels of Federal land within the Pocatello Field Office in the State, comprising a total of approximately 718.56 acres, as identified in ``Exhibit A--Federal Land'' in the Final Decision Record. (2) Final decision record.--The term ``Final Decision Record'' means the Final Decision Record and Finding of No Significant Impact of the Bureau of Land Management issued by the Bureau of Land Management on December 21, 2007, approving the Blackrock Land Exchange, IDI-35337, involving Federal land in the Pocatello Field Office in the State. (3) J.R. simplot.--The term ``J.R. Simplot'' means the J.R. Simplot Company, a Corporation in the State, with headquarters in Boise, Idaho. (4) Non-federal land.--The term ``non-Federal land'' means the 3 parcels of land owned by J.R. Simplot, comprising a total of approximately 666.92 acres, as identified in ``Exhibit B-- Non-Federal Land'' in the Final Decision Record. (5) Order.--The term ``Order'' means the order of the Interior Board of Land Appeals of the Department of the Interior numbered IBLA 2009-27 and issued on June 5, 2009. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Idaho. SEC. 3. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. (a) Requirement for Land Exchange.-- (1) In general.--Subject to the provisions of this Act, if J.R. Simplot offers to convey to the Secretary all right, title, and interest of J.R. Simplot in and to the non-Federal land, the Secretary shall convey to J.R. Simplot all right, title, and interest of the United States in and to the Federal land. (2) Deadline for completion.--The land exchange under this Act shall be completed by not later than 90 days after the date of enactment of this Act. (b) Form of Conveyance.-- (1) Non-federal land.--Title to the non-Federal land conveyed by J.R. Simplot to the Secretary shall-- (A) be by general warranty deed; (B) be subject to existing rights of record; and (C) otherwise conform to the title approval standards of the Attorney General applicable to land acquisitions by the Federal Government. (2) Federal land.--The Federal land to be conveyed under this Act shall be quitclaimed by the Secretary to J.R. Simplot by an exchange deed. (c) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary shall finalize maps and legal descriptions of all land to be conveyed under this Act. The Secretary may correct any minor errors in the maps or in the legal descriptions. The maps and legal descriptions shall be on file and available for public inspection in appropriate offices of the Secretary. (d) Costs of Exchange.--J.R. Simplot shall pay, or reimburse the Secretary, for all land survey, land title, deed preparation, and other costs incurred by the Secretary in carrying out the land exchange under this Act. SEC. 4. VALUATION OF FEDERAL LAND AND NON-FEDERAL LAND. (a) Findings.--Congress finds that-- (1) appraisals for the Federal land and non-Federal land to be exchanged under this Act have been-- (A) completed under the direction and control of the Office of Valuation Services of the Department of the Interior; and (B) approved by the Secretary in conjunction with preparation of the Final Decision Record; (2) the appraisals described in paragraph (1) determined that the value of the Federal land exceeded the value of the non-Federal land by approximately $5,000; and (3) based on the appraisals described in paragraph (1), J.R. Simplot would make a $5,000 cash equalization payment to the Secretary to equalize the values of the Federal land and non-Federal land in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1706). (b) Appraised Values of Federal Land and Non-Federal.-- (1) In general.--The appraised values of the Federal land and non-Federal land approved by the Secretary in the Final Decision Record shall be the values used for purposes of the land exchange under this Act. (2) No reappraisal.--The Federal land and non-Federal land shall not be subject to reappraisal for purposes of the land exchange under this Act. SEC. 5. EFFECT AND JUDICIAL REVIEW. (a) Effect.--The exchange of Federal land and non-Federal land under this Act shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Judicial Review.--The exchange of Federal land and non-Federal land under this Act-- (1) shall not be subject to judicial or administrative review; and (2) shall not abrogate, or otherwise have any effect on, the Order.
This bill directs the Department of the Interior, if the J.R. Simplot Company offers to convey three identified parcels of land, to convey to the Simplot Company two identified parcels of federal land within the Pocatello Field Office of the Bureau of Land Management in Idaho. The bill states that the exchange of such federal and nonfederal lands shall not constitute a major federal action for purposes of the National Environmental Policy Act of 1969.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearm Victims Prevention Act of 1996''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) according to the Centers for Disease Control, an estimated 34,000 Americans die from firearm injuries each year, including 25,000 from handgun violence; (2) firearms rank as the 8th leading cause of death in the United States and less than 5 percent of fatal shootings are unintentional; (3) the National Center for Health Statistics reported in March 1993 that, among Americans age 15 through 24, firearms are the cause of more deaths than all natural causes combined; (4) from 1979 to 1989, the firearm homicide rate among children age 15 through 19 increased 61 percent, while the nonfirearm homicide rate fell 29 percent; (5) more than 135,000 students carry handguns to school everyday, and an additional 270,000 students have carried a firearm to school at least once; (6) the United States leads industrialized nations in the percentage of households with firearms and the number of homicides with firearms; (7) according to the Centers for Disease Control, the estimated lifetime costs for firearm injuries that occurred in 1985 will be $14,400,000,000; (8) according to the 1991 Advisory Council on Social Security, the overall annual cost of firearms injury to the health care system in the United States is more than $4,000,000,000; (9) public funds pay for an estimated 85 percent of the cost of hospitalization for firearm injuries, excluding professional fees and the cost of ambulance, physical therapy, and other rehabilitative services; (10) the indirect costs of firearm-related injuries, such as disability payments, legal fees, and lost work time, are estimated to be 2 times the estimated annual direct cost of firearm injury; (11) more than 280,000 manufacturers, dealers and individuals are licensed to sell firearms in the United States; and (12) Federal firearm licenses are inexpensive, relatively easy to obtain, and may only be revoked upon criminal conviction. (b) Purpose.--The purpose of this Act is to help alleviate the public health care cost resulting from firearm-related injury and death by-- (1) establishing a transactional tax on the purchase of the firearms and ammunition most commonly associated with injury and death; (2) raising licensing fees for dealers who sell such firearms and ammunition; and (3) using funds generated from the transactional tax and licensing fees to help offset the health care cost resulting from firearm injury and death. SEC. 3. INCREASE IN TAX ON HANDGUNS AND ASSAULT WEAPONS. (a) Increase in Manufacturer's Tax.--Section 4181 of the Internal Revenue Code of 1986 (relating to imposition of tax on firearms) is amended to read as follows: ``SEC. 4181. IMPOSITION OF TAX. ``(a) Imposition of Tax.--There is hereby imposed upon the sale by the manufacturer, producer, or importer of any of the following articles a tax equivalent to the specified percent of the price for which so sold: ``(1) Articles taxable at 25 percent.--With respect to the following articles, the specified percent is 25 percent: ``(A) Handguns. ``(B) Assault weapons. ``(C) Large capacity magazines. ``(D) Shells and cartridges used in handguns and assault weapons. ``(2) Articles taxable at 11 percent.--With respect to the following articles the specified percent is 11 percent: ``(A) Firearms (other than handguns, assault weapons, and pistols or revolvers). ``(B) Shells and cartridges not taxable at 25 percent. ``(3) Articles taxable at 10 percent.--With respect to pistols and revolvers not taxable at 25 percent under paragraph (1), the specified percent is 10 percent. ``(b) Definitions.--For purposes of subsection (a)-- ``(1) Handgun.--The term `handgun' means a firearm which, at the time of manufacture, had a barrel of less than 12 inches in length. ``(2) Assault weapon.--The term `assault weapon' means-- ``(A) a firearm-- ``(i) which-- ``(I) has a barrel of between 12 and 18 inches in length, and ``(II) is capable of receiving ammunition directly from a large capacity ammunition magazine, or ``(ii) which is a semiautomatic firearm which is-- ``(I) not recognized generally as particularly suitable for, or readily adaptable to, sporting purposes, or ``(II) concealable by a person, or ``(B) a firearm which is substantially functionally equivalent to a firearm described in subparagraph (A). ``(3) Large capacity ammunition magazine.--The term `large capacity ammunition magazine' means a detachable magazine, belt, drum, feed strip, or similar device which has, or which may be readily restored (or converted) to a device which has, a capacity of 15 or more rounds of ammunition.'' (b) Retail Tax on Subsequent Transactions Involving Assault Weapons and Handguns.-- (1) In general.--Chapter 31 of the Internal Revenue Code of 1986 (relating to retail excise taxes) is amended by adding at the end the following new subchapter: ``Subchapter D--Handguns and Assault Weapons ``Sec. 4056. Handguns and assault weapons. ``SEC. 4056. HANDGUNS AND ASSAULT WEAPONS. ``(a) Imposition of Tax.--There is hereby imposed on any sale, transfer, or other disposition by any person of a handgun, assault weapon, large capacity magazine, or shell or cartridge used in handguns and assault weapons a tax equal to 25 percent of the price for which sold, transferred, or disposed of. ``(b) Exceptions.-- ``(1) Coordination with manufacturer's tax.--If tax has been paid under section 4181 with respect to any article, no tax shall be imposed under subsection (a) on such article until a sale, transfer, or disposition occurring after the first retail sale of the article. ``(2) Defense department.--No tax shall be imposed by subsection (a) on any sale described in section 4182(b). ``(c) Definitions.--For purposes of this section, the terms `handgun', `assault weapon', and `large capacity magazine' have the meanings given such terms by section 4181(b).'' (2) Conforming amendment.--The table of subchapters for chapter 31 of such Code is amended by adding at the end the following new item: ``Subchapter D. Handguns and assault weapons.'' (c) Effective Date.--The amendments made by this section shall apply to sales, transfers, and other dispositions after the 30th day after the date of the enactment of this Act. SEC. 4. HEALTH CARE TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9512. HEALTH CARE TRUST FUND. ``(a) Establishment of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Health Care Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to the Trust Fund.--There are hereby appropriated to the Health Care Trust Fund amounts equivalent to-- ``(1) the taxes received in the Treasury under section 4056, ``(2) the taxes received in the Treasury under section 4181 which are attributable to the tax on articles subject to the 25-percent rate, and ``(3) the amounts described in the last sentence of section 923(a) of title 18, United States Code. ``(c) Expenditures From Trust Fund.--Funds in the Health Care Trust Fund shall be available, as provided in appropriations Acts, only for the purpose of making grants to assist hospitals, trauma centers, or other health care providers that have incurred substantial uncompensated costs in providing medical care to gunshot victims, except that no single hospital, trauma center, or health care provider may receive more than one-tenth of 1 percent of the funds appropriated under this section. ``(d) Eligibility for Trust Fund Moneys.--A hospital, trauma center, or other health care provider is eligible to apply for grants from the Health Care Trust Fund for any calendar year if the hospital, trauma center, or health care provider-- ``(1) is in compliance with Federal and State certification and licensing requirements; ``(2) is a not-for-profit entity; and ``(3) has incurred substantial uncompensated costs during the previous calendar year in providing medical care to gunshot victims. ``(e) Regulations for Trust Fund.--The Secretary shall, not later than 60 days after the date of enactment of this section and in consultation with the Secretary of Health and Human Services, issue such regulations as are necessary to implement the provisions of this section.'' (b) Conforming Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Health Care Trust Fund.'' SEC. 5. LICENSE APPLICATION FEES FOR DEALERS IN FIREARMS. (a) In General.--Section 923(a) of title 18, United States Code, is amended-- (1) in paragraph (3)(B), by striking ``$200'' and all that follows through ``$90 for 3 years'' and inserting ``$2,500 per year''; and (2) by adding at the end the following: ``There are hereby appropriated to the Health Care Trust Fund established under section 9512 of the Internal Revenue Code of 1986 (26 U.S.C. 9512) one-half of the revenue from the fees collected under paragraph (3)(B).'' (b) Effective Date.--The amendments made by this section shall apply to license applications filed after the 30th day after the date of the enactment of this Act.
Firearm Victims Prevention Act of 1996 - Amends the Internal Revenue Code to increase the excise tax on manufacturers of certain handguns, assault weapons, and ammunition. Imposes a retail excise tax on the sale, transfer, or other disposition of such weapons and ammunition. Establishes the Health Care Trust Fund to make grants to facilities providing medical care to gunshot victims. Amends the Federal criminal code to increase the license application fees for dealers in firearms. Appropriates to the Trust Fund certain revenue from the excise taxes and the increased fees.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Cybersecurity Workforce Recruitment and Retention Act of 2014''. SEC. 2. CYBERSECURITY RECRUITMENT AND RETENTION. (a) In General.--At the end of subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.), add the following: ``SEC. 226. CYBERSECURITY RECRUITMENT AND RETENTION. ``(a) Definitions.--In this section: ``(1) Appropriate committees of congress.--The term `appropriate committees of Congress' means the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives. ``(2) Collective bargaining agreement.--The term `collective bargaining agreement' has the meaning given that term in section 7103(a)(8) of title 5, United States Code. ``(3) Excepted service.--The term `excepted service' has the meaning given that term in section 2103 of title 5, United States Code. ``(4) Preference eligible.--The term `preference eligible' has the meaning given that term in section 2108 of title 5, United States Code. ``(5) Qualified position.--The term `qualified position' means a position, designated by the Secretary for the purpose of this section, in which the incumbent performs, manages, or supervises functions that execute the responsibilities of the Department relating to cybersecurity. ``(6) Senior executive service.--The term `Senior Executive Service' has the meaning given that term in section 2101a of title 5, United States Code. ``(b) General Authority.-- ``(1) Establish positions, appoint personnel, and fix rates of pay.-- ``(A) General authority.--The Secretary may-- ``(i) establish, as positions in the excepted service, such qualified positions in the Department as the Secretary determines necessary to carry out the responsibilities of the Department relating to cybersecurity, including positions formerly identified as-- ``(I) senior level positions designated under section 5376 of title 5, United States Code; and ``(II) positions in the Senior Executive Service; ``(ii) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and ``(iii) subject to the requirements of paragraphs (2) and (3), fix the compensation of an individual for service in a qualified position. ``(B) Construction with other laws.--The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees. ``(2) Basic pay.-- ``(A) Authority to fix rates of basic pay.--In accordance with this section, the Secretary shall fix the rates of basic pay for any qualified position established under paragraph (1) in relation to the rates of pay provided for employees in comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for such employees by law or regulation. ``(B) Prevailing rate systems.--The Secretary may, consistent with section 5341 of title 5, United States Code, adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to qualified positions for employees in or under which the Department may employ individuals described by section 5342(a)(2)(A) of that title. ``(3) Additional compensation, incentives, and allowances.-- ``(A) Additional compensation based on title 5 authorities.--The Secretary may provide employees in qualified positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5, United States Code. ``(B) Allowances in nonforeign areas.--An employee in a qualified position whose rate of basic pay is fixed under paragraph (2)(A) shall be eligible for an allowance under section 5941 of title 5, United States Code, on the same basis and to the same extent as if the employee was an employee covered by such section 5941, including eligibility conditions, allowance rates, and all other terms and conditions in law or regulation. ``(4) Plan for execution of authorities.--Not later than 120 days after the date of enactment of this section, the Secretary shall submit a report to the appropriate committees of Congress with a plan for the use of the authorities provided under this subsection. ``(5) Collective bargaining agreements.--Nothing in paragraph (1) may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office, component, subcomponent, or equivalent of the Department that is a successor to an office, component, subcomponent, or equivalent of the Department covered by the agreement before the succession. ``(6) Required regulations.--The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section. ``(c) Annual Report.--Not later than 1 year after the date of enactment of this section, and every year thereafter for 4 years, the Secretary shall submit to the appropriate committees of Congress a detailed report that-- ``(1) discusses the process used by the Secretary in accepting applications, assessing candidates, ensuring adherence to veterans' preference, and selecting applicants for vacancies to be filled by an individual for a qualified position; ``(2) describes-- ``(A) how the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions; ``(B) the measures that will be used to measure progress; and ``(C) any actions taken during the reporting period to fulfill such critical need; ``(3) discusses how the planning and actions taken under paragraph (2) are integrated into the strategic workforce planning of the Department; ``(4) provides metrics on actions occurring during the reporting period, including-- ``(A) the number of employees in qualified positions hired by occupation and grade and level or pay band; ``(B) the placement of employees in qualified positions by directorate and office within the Department; ``(C) the total number of veterans hired; ``(D) the number of separations of employees in qualified positions by occupation and grade and level or pay band; ``(E) the number of retirements of employees in qualified positions by occupation and grade and level or pay band; and ``(F) the number and amounts of recruitment, relocation, and retention incentives paid to employees in qualified positions by occupation and grade and level or pay band; and ``(5) describes the training provided to supervisors of employees in qualified positions at the Department on the use of the new authorities. ``(d) Three-Year Probationary Period.--The probationary period for all employees hired under the authority established in this section shall be 3 years. ``(e) Incumbents of Existing Competitive Service Positions.-- ``(1) In general.--An individual serving in a position on the date of enactment of this section that is selected to be converted to a position in the excepted service under this section shall have the right to refuse such conversion. ``(2) Subsequent conversion.--After the date on which an individual who refuses a conversion under paragraph (1) stops serving in the position selected to be converted, the position may be converted to a position in the excepted service.''. (b) Conforming Amendment.--Section 3132(a)(2) of title 5, United States Code, is amended in the matter following subparagraph (E)-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by inserting ``or'' after the semicolon; and (3) by inserting after clause (ii) the following: ``(iii) any position established as a qualified position in the excepted service by the Secretary of Homeland Security under section 226 of the Homeland Security Act of 2002;''. (c) Table of Contents Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 225 the following: ``Sec. 226. Cybersecurity recruitment and retention.''. SEC. 3. HOMELAND SECURITY CYBERSECURITY WORKFORCE ASSESSMENT. (a) Short Title.--This section may be cited as the ``Homeland Security Cybersecurity Workforce Assessment Act''. (b) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Homeland Security of the House of Representatives; and (C) the Committee on House Administration of the House of Representatives. (2) Cybersecurity work category; data element code; specialty area.--The terms ``Cybersecurity Work Category'', ``Data Element Code'', and ``Specialty Area'' have the meanings given such terms in the Office of Personnel Management's Guide to Data Standards. (3) Department.--The term ``Department'' means the Department of Homeland Security. (4) Director.--The term ``Director'' means the Director of the Office of Personnel Management. (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (c) National Cybersecurity Workforce Measurement Initiative.-- (1) In general.--The Secretary shall-- (A) identify all cybersecurity workforce positions within the Department; (B) determine the primary Cybersecurity Work Category and Specialty Area of such positions; and (C) assign the corresponding Data Element Code, as set forth in the Office of Personnel Management's Guide to Data Standards which is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report, in accordance with paragraph (2). (2) Employment codes.-- (A) Procedures.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish procedures-- (i) to identify open positions that include cybersecurity functions (as defined in the OPM Guide to Data Standards); and (ii) to assign the appropriate employment code to each such position, using agreed standards and definitions. (B) Code assignments.--Not later than 9 months after the date of the enactment of this Act, the Secretary shall assign the appropriate employment code to-- (i) each employee within the Department who carries out cybersecurity functions; and (ii) each open position within the Department that have been identified as having cybersecurity functions. (3) Progress report.--Not later than 1 year after the date of the enactment of this Act, the Director shall submit a progress report on the implementation of this subsection to the appropriate congressional committees. (d) Identification of Cybersecurity Specialty Areas of Critical Need.-- (1) In general.--Beginning not later than 1 year after the date on which the employment codes are assigned to employees pursuant to subsection (c)(2)(B), and annually through 2021, the Secretary, in consultation with the Director, shall-- (A) identify Cybersecurity Work Categories and Specialty Areas of critical need in the Department's cybersecurity workforce; and (B) submit a report to the Director that-- (i) describes the Cybersecurity Work Categories and Specialty Areas identified under subparagraph (A); and (ii) substantiates the critical need designations. (2) Guidance.--The Director shall provide the Secretary with timely guidance for identifying Cybersecurity Work Categories and Specialty Areas of critical need, including-- (A) current Cybersecurity Work Categories and Specialty Areas with acute skill shortages; and (B) Cybersecurity Work Categories and Specialty Areas with emerging skill shortages. (3) Cybersecurity critical needs report.--Not later than 18 months after the date of the enactment of this Act, the Secretary, in consultation with the Director, shall-- (A) identify Specialty Areas of critical need for cybersecurity workforce across the Department; and (B) submit a progress report on the implementation of this subsection to the appropriate congressional committees. (e) Government Accountability Office Status Reports.--The Comptroller General of the United States shall-- (1) analyze and monitor the implementation of subsections (c) and (d); and (2) not later than 3 years after the date of the enactment of this Act, submit a report to the appropriate congressional committees that describes the status of such implementation.
DHS Cybersecurity Workforce Recruitment and Retention Act of 2014 - (Sec. 2) Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to establish, as positions in the excepted service, such positions in the Department of Homeland Security (DHS) as necessary to carry out certain responsibilities relating to cybersecurity. Provides for positions formerly designated as senior level and senior executive service positions to be included in such service. Requires the Secretary, every year for a specified period, to submit to Congress a report regarding: (1) the application process for such positions, including the manner of adhering to veterans' preferences; (2) the Secretary's plans to fulfill the critical need of DHS to recruit and retain employees in cybersecurity positions; (3) the manner in which such plans are integrated into the DHS's strategic workforce planning; (4) the number of hirings, separations, and retirements during the reporting period; and (5) the training provided to supervisors of such cybersecurity employees on the use of the new authorities. Sets forth authority for the Secretary to make appointments, fix pay rates, and provide incentives and allowances for such positions. (Sec. 3) Homeland Security Cybersecurity Workforce Assessment Act - Requires the Secretary to determine the primary cybersecurity work category and specialty area of all DHS cybersecurity workforce positions. Directs the Secretary to assign: (1) data element codes for such positions, as set forth in the Office of Personnel Management's (OPM) Guide to Data Standards, which is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report; and (2) employment codes to employees and open positions within DHS with cybersecurity functions. Directs the Secretary, on an annual basis through 2021, to submit a report to the OPM Director substantiating categories and specialty areas designated as critical needs in DHS's cybersecurity workforce. Requires the Director to provide the Secretary with guidance identifying acute and emerging skill shortages. Directs the Comptroller General (GAO) to monitor, and report within three years regarding, the implementation of such determinations and assignments.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Chinook Nation Restoration Act''. (b) Findings.--Congress finds the following: (1) The Chinook Nation made a significant contribution to the historic journey of Meriwether Lewis and William Clark to the Pacific Ocean by hosting the two American explorers and their company throughout the winter of 1805-1806. (2) The United States subsequently recognized the Chinook Nation as an Indian tribe in the Anson Dart (Tansy Point) Treaty of 1851, and the Isaac Stevens (Chehalis River) Treaty of 1855, but neither treaty was ratified, resulting in serious harm to the Chinook people. (3) As a result of the failure of the United States to protect the Chinook Nation and people, the Chinooks lost their historic lands on the Columbia River, and a great number of them succumbed to poverty and disease in the 19th century. (4) It was the intent of Congress in the Act of March 4, 1911 (36 Stat. 1345), to provide restitution to the Chinook people in the form of allotments of land on existing Indian reservations, which the Supreme Court of the United States upheld in Halbert v. United States (283 U.S. 753 (1931)). (5) Congress named four of the five tribes of the Chinook Nation, the Lower Chinook, Wahkiakum, Cathlamet, and Clatsop, in the Western Oregon Termination Act of 1954, and this Act is the only basis for termination of the Federal relationship with the Tribe. (6) The Chinook Nation has remained active on the Lower Columbia River and Willapa Bay in the vicinity of the reservation area of the Tansy Point Treaty and is well-known to neighboring tribes and other communities. (7) The Chinook people have survived and maintained their language, Chinookwawa, and culture despite decades of neglect by the United States. (8) With different Administrations disagreeing about the legal status of the Chinook Nation, it is time for Congress to restore the Chinook Nation to Federal tribal status. SEC. 2. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Member.--The term ``member'' means an enrolled member of the Chinook Nation as of the date of enactment of this Act, or an individual who has been placed on the membership role in accordance with this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribe.--The term ``Tribe'' means the Chinook Indian Nation, composed of the Lower Chinook, Wahkiakum, Cathlamet, Clatsop, and Willapa Tribes. (4) State.--The term ``State'' means the State of Washington. (5) State territorial waters.--The term ``State territorial waters'' means all waters within the territorial limits of the State of Washington. SEC. 3. FEDERAL RECOGNITION. Federal recognition is hereby extended to the Chinook Indian Nation. Except as otherwise provided in this Act, all laws and regulations of the United States of general application to Indians, and nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.), that are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. SEC. 4. FEDERAL SERVICES AND BENEFITS. (a) In General.--The Tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all services and benefits provided by the Federal Government to federally recognized tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. (b) Service Area.--For purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall consist of Pacific, Wahkiakum, Cowlitz, and Clark Counties, Washington, and Clatsop and Columbia Counties, Oregon. (c) Civil Jurisdiction.--Upon approval of the constitution and bylaws pursuant to section 6 of this Act, the Nation shall exercise jurisdiction over all its members who reside within the service area located in the State in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) as if the members were residing upon a reservation as defined in that Act. SEC. 5. MEMBERSHIP. Not later than 9 months after the date of the enactment of this Act, the Tribe shall submit to the Secretary a membership roll consisting of all individuals enrolled in the Tribe. SEC. 6. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 1 year after the date of the enactment of this Act, the Tribe shall conduct, by secret ballot, an election to adopt a constitution and bylaws for the Tribe. (2) Interim governing documents.--Until such time as a new constitution is adopted under this section, the governing documents in effect on the date of the enactment of the Act shall be the interim governing documents for the Tribe most recently submitted to the Department of the Interior. (b) Officials.--Not later than 6 months after the Tribe adopts a constitution and bylaws pursuant to this section, the Tribe shall elect a governing body in accordance with the procedures set forth in its constitution and bylaws. Until such time as a new governing body is elected, the governing body of the Tribe shall be the governing body selected under the election procedures specified in the interim governing documents of the Tribe. SEC. 7. LAND IN TRUST. (a) Requirement To Take Land Into Trust.--If the Tribe transfers all right, title, and interest in and to any land to the Secretary, the Secretary shall take such land in trust for the benefit of the Tribe, subject to subsection (c). This subsection does not limit the authority of the Secretary to take land in trust under the Indian Reorganization Act. (b) Plan for Establishment of Reservation.-- (1) In general.--The Secretary shall-- (A) negotiate with the tribal governing body with respect to establishing a reservation for the Tribe; and (B) not later than two years after the date of enactment of this Act, develop a plan for establishment of a reservation. (2) Consultation with state and local officials required.-- To assure that legitimate State and local interests are not prejudiced by the proposed establishment of the reservation, the Secretary shall notify and consult with all appropriate officials of the State and all owners of land adjacent to lands considered for the proposed reservation in developing any plan under this subsection. The Secretary shall provide complete information on the proposed plan to such officials, including the restrictions imposed by subsection (c). During any consultation by the Secretary under this subsection, the Secretary shall provide such information as the Secretary possesses and request comments and additional information on the following subjects: (A) The size and location of the proposed reservation. (B) The anticipated effect of the establishment of the proposed reservation on State and local expenditures and tax revenues. (C) The extent of any State or local service to the Tribe, the reservation, or members after the establishment of the proposed reservation. (D) The extent of Federal services to be provided in the future to the Tribe, the reservation, or members. (E) The extent of service to be provided in the future by the Tribe to members resident on or off the reservation. (3) Restrictions on plan.--A plan developed pursuant to this subsection shall be in accordance with subsection (c). (4) Submission of plan.-- (A) Submission to congress.--Upon the approval by the tribal governing body of the plan developed pursuant to this subsection (and after consultation with interested parties pursuant to paragraph (2)), the Secretary shall submit the plan to the Clerk of the House of Representatives and the Secretary of the Senate for distribution to the committees of the respective Houses of Congress with jurisdiction over the subject matter. (B) Appendix to plan.--The Secretary shall append to the plan submitted to Congress under this subsection a detailed statement-- (i) describing the manner in which the Secretary notified all interested parties in accordance with this subsection; (ii) naming each individual and official consulted in accordance with this subsection; (iii) summarizing the testimony received by the Secretary pursuant to any such consultation; and (iv) including any written comments or reports submitted to the Secretary by any party named pursuant to clause (ii). (c) Restrictions on Land Taken in Trust.-- (1) Any real property transferred by the Tribe or any member to the Secretary shall be taken and held in the name of the United States for the benefit of the Tribe. (2) The Secretary shall not accept any real property in trust for the benefit of the Tribe that is not located within the political boundaries of Pacific, Wahkiakum, or Cowlitz County, Washington. (3) Any real property taken in trust by the Secretary for the benefit of the Tribe shall be-- (A) subject to-- (i) all legal rights and interests in such land existing at the time of acquisition of such land by the Secretary, including any lien, mortgage, or previously levied and outstanding State or local tax; and (ii) foreclosure or sale in accordance with the laws of the State pursuant to the terms of any valid obligations in existence at the time of the acquisition of such land by the Secretary; and (B) exempt from Federal, State, and local taxation of any kind. (4) Any privately owned lands acquired by the Tribe or its members to be taken in trust by the Secretary for the benefit of the Tribe shall be acquired on a willing-seller, willing- buyer basis. (5) No eminent domain authority may be exercised for the purposes of acquiring lands for the benefit of the Tribe. SEC. 8. FISHING, HUNTING, AND TRAPPING RIGHTS NOT RESTORED. No nonceremonial fishing, hunting, or trapping rights of any nature of the Tribe or of any member of the Tribe, including any indirect or procedural right or advantage over individuals who are not members, are granted or restored under this Act. Ceremonial hunting and fishing rights (not to include whaling) shall be allowed in the area in which the Tribe has historically hunted and fished. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $2,000,000 for fiscal year 2010, $3,000,000 for fiscal year 2011, and $4,000,000 for fiscal year 2012.
Chinook Nation Restoration Act - Extends federal recognition to the Chinook Indian Nation. Makes the Chinook Tribe and its members eligible for all services and benefits provided by the government to federally recognized tribes regardless of the existence of a reservation or the location of residence of any member on or near any Indian reservation. Provides that, for purposes of the delivery of federal services to enrolled members, the Tribe's service area shall consist of specified counties in Washington and Oregon. Requires the Tribe to: (1) submit to the Secretary of the Interior a membership roll; and (2) conduct, by secret ballot, an election to adopt a constitution and bylaws. Provides that if the Tribe transfers all rights to land to the Secretary, the Secretary shall take such land in trust for the Tribe's benefit, subject to specified restrictions. Directs the Secretary to: (1) negotiate with the tribal governing body regarding establishing a reservation; (2) develop a plan for doing so. Requires the Secretary to: (1) notify and consult with all appropriate state officials and owners of land adjacent to those considered for the proposed reservation; and (2) provide complete information on the proposed plan to such officials. Provides for the plan's submission to Congress upon approval by the tribal governing body. Requires any real property transferred by the Tribe or any member to the Secretary to be held in the name of the United States for the Tribe's benefit. Prohibits the exercise of eminent domain for purposes of acquiring lands for the Tribe's benefit.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Screening With Dignity Act of 2018''. SEC. 2. TSA SCREENING PROCEDURES AND TRAINING. (a) Development of Procedures.--Not later than 60 days after the date of the enactment of this Act, the Administrator shall develop procedures to appropriately and respectfully screen self-identified transgender passengers. In developing such procedures, the Administrator shall take into consideration the particular needs of persons whose gender identity is different or is perceived to be different from their assigned sex at birth and the particular impact of screening on transgender passengers as opposed to the general population of passengers. (b) Training of TSOs and Implementation of Procedures.--Not later than 90 days after the date of the enactment of this Act, the Administrator shall begin conducting in-person training of all Transportation Security Officers on the screening procedures developed under subsection (a) and shall implement such procedures. Such training shall be designed and, wherever practicable, delivered with the participation of community groups representing the transgender traveler population. SEC. 3. PROTECTION OF PASSENGERS. The Administrator shall take such steps as may be necessary to ensure each of the following with respect to passenger screening: (1) The prohibition on human viewing of individual passenger images. (2) The prohibition on retention of individual passenger image data. (3) That passengers are provided with an alternative to advanced imaging technology scans. (4) That pat-downs of passengers are required to be conducted by an officer of the gender requested by the passenger. (5) That each passenger is provided with the option of a private screening with the witness of the passenger's choice. (6) That passengers are only required to lift or remove clothing exposing sensitive areas of the body or to remove prostheses when no less intrusive screening method is available and the passenger is provided with visual privacy via a drape or other means in a private screening area. (7) The prohibition of profiling or other discrimination on the basis of race, color, national origin, sex, religion, age, disability, genetic information, sexual orientation, parental status, or gender identity. SEC. 4. REPORT ON SCREENING EQUIPMENT. (a) Study.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall conduct a study on the cost and feasibility of retrofitting advanced image technology screening equipment, or of developing new such equipment, with the capability to distinguish between foreign objects and human body parts in a manner that is effectively gender neutral or which operates in some other gender neutral manner. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Comptroller General of the United States a report containing the results of the study conducted under subsection (a). SEC. 5. REPORT ON ADVANCED IMAGING TECHNOLOGY. (a) Study.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall conduct a study that evaluates the particular impact that advanced imaging technology has on self- identified transgender and gender nonconforming passengers as opposed to the general population of passengers. Such study shall include an examination of instances since 2010 in which a self-identified transgender or gender nonconforming passenger was required to undergo an additional screening procedure after screening with advanced imaging technology resulted in an alarm. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the study conducted under subsection (a). Such report shall include recommendations to reduce any particular impact of screening on transgender passengers and involve the consultation and input of community groups representing the transgender traveler population. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Transportation Security Administration. (2) Advanced imaging technology.--The term ``advanced imaging technology'' has the meaning given the term in section 826(l)(1)(A) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44901(l)(1)(A)). (3) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth.
Screening With Dignity Act of 2018 This bill directs the Transportation Security Administration (TSA) to develop procedures to appropriately and respectfully screen self-identified transgender air passengers and begin training of all TSA Officers on such procedures. The TSA must implement protections for transgender passengers including prohibiting human viewing of passenger images and conducting pat-downs by an officer of the gender requested by the passenger. The TSA shall separately study and report on: (1) the cost and feasibility of retrofitting advanced image technology screening equipment to distinguish between foreign objects and human body parts in a manner that is gender neutral, and (2) the impact of imaging technology on transgender passengers.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Republic of Korea Defense Cooperation Improvement Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Close and continuing cooperation in defense between the United States and the Republic of Korea continues to be in the national security interest of the United States. (2) The Republic of Korea was designated a Major Non-NATO Ally in 1987, the first such designation. (3) The Republic of Korea has been a major purchaser of United States defense articles and services through the Foreign Military Sales (FMS) program, totaling $6,900,000,000 in deliveries over the last 10 years. (4) Purchases of United States defense articles, services, and major defense equipment facilitate and increase the interoperability of Republic of Korea military forces with United States military forces. (5) Congress has previously enacted important, special defense cooperation arrangements for the Republic of Korea, as in the Act entitled ``An Act to authorize the transfer of items in the War Reserves Stockpile for Allies, Korea'', approved December 30, 2005 (Public Law 109-159), which authorized the President, notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), to transfer to the Republic of Korea certain defense items to be included in a war reserve stockpile for that country. (6) Such actions by Congress and sales to the Republic of Korea enhance defense ties with that country and ensure favorable consideration by the Government of the Republic of Korea when it considers acquisitions of certain weapons systems. (7) Enhanced support for defense cooperation with the Republic of Korea is important to the national security of the United States, including through creation of a status in law for the Republic of Korea similar to the countries in the North Atlantic Treaty Organization, Japan, Australia, and New Zealand, with respect to consideration by Congress of foreign military sales to the Republic of Korea. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that expeditious consideration of certifications of letters of offer to sell defense articles, defense services, design and construction services, and major defense equipment to the Republic of Korea under section 36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)) is fully consistent with United States security and foreign policy interests and the objectives of world peace and security. SEC. 4. AMENDMENTS TO ARMS EXPORT CONTROL ACT. The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended-- (1) in section 3 (22 U.S.C. 2753)-- (A) in subsection (b)(2), by inserting ``the Government of the Republic of Korea,'' before ``the Government of Australia''; and (B) in subsection (d)-- (i) in paragraph (2)(B), by inserting ``the Republic of Korea,'' before ``Japan''; (ii) in paragraph (3)(A)(i), by inserting ``the Republic of Korea,'' before ``Australia''; and (iii) in paragraph (5), by inserting ``the Republic of Korea,'' before ``Australia''; (2) in section 21 (22 U.S.C. 2761)-- (A) in subsection (e)(2)(A), by inserting ``the Republic of Korea,'' before ``Japan''; and (B) in subsection (h)-- (i) in paragraph (1)(A), by inserting ``the Republic of Korea,'' before ``Australia''; and (ii) in paragraph (2), by striking ``or to any member government of that Organization if that Organization or member government'' and inserting ``, to any member government of that Organization, or to the Governments of the Republic of Korea, Australia, New Zealand, Japan, or Israel if that Organization, member government, or the Governments of the Republic of Korea, Australia, New Zealand, Japan, or Israel''; (3) in section 36 (22 U.S.C. 2776)-- (A) in subsection (b)-- (i) in paragraph (1), by inserting ``the Republic of Korea,'' before ``Japan''; (ii) in paragraph (2), by inserting ``the Republic of Korea,'' before ``Japan''; and (iii) in paragraph (6), by inserting ``the Republic of Korea,'' before ``Australia''; (B) in subsection (c), by inserting ``the Republic of Korea,'' before ``Australia'' both places it appears; and (C) in subsection (d)(2)(A), by inserting ``the Republic of Korea,'' before ``Australia''; (4) in section 62(c)(1) (22 U.S.C. 2796a(c)(1)), by inserting ``the Republic of Korea,'' before ``Australia''; and (5) in section 63(a)(2) (22 U.S.C. 2796b(a)(2)), by inserting ``the Republic of Korea,'' before ``Australia''. SEC. 5. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 1961. Section 656(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)(2)) by inserting ``Republic of Korea,'' before ``Australia''.
United States-Republic of Korea Defense Cooperation Improvement Act of 2007 - Amends the Arms Export Control Act to include the Republic of Korea among those countries given preferential consideration with respect to certain: (1) arms export presidential certification and legislative review requirements; and (2) military training reporting requirements.
{"src": "billsum_train", "title": "A bill to improve defense cooperation between the Republic of Korea and the United States."}
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