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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunset Inefficient and Unaccountable Government Act''. SEC. 2. ABOLISHMENT OF AGENCIES. (a) In General.--Each agency listed in subsection (c) shall be abolished on the date set forth in subsection (c), unless a Federal law disapproving of the abolishment of the agency is enacted before such date. (b) Effect of Abolishment.--When an agency is abolished under this Act, the head of such agency may take such actions as are necessary to dispose of the assets, obligations, and liabilities of the agency during the one-year period that begins on the date of such abolishment. (c) Schedule for Abolishment.-- (1) Agriculture.--The date of abolishment referred to in subsection (a) is 2 years after the date of enactment of this Act for the following agencies: (A) The Department of Agriculture. (B) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Agriculture of the House of Representatives. (2) Commerce.--The date of abolishment referred to in subsection (a) is 3 years after the date of enactment of this Act for the following agencies: (A) The Department of Commerce. (B) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Financial Services of the House of Representatives. (C) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Small Business of the House of Representatives. (D) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Oversight and Government Reform of the House of Representatives. (3) Education.--The date of abolishment referred to in subsection (a) is 4 years after the date of enactment of this Act for the following agencies: (A) The Department of Education. (B) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Education and the Workforce of the House of Representatives. (4) Energy.--The date of abolishment referred to in subsection (a) is 5 years after the date of enactment of this Act for the following agencies: (A) The Department of Energy. (B) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Energy and Commerce of the House of Representatives. (C) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Science, Space, and Technology of the House of Representatives. (5) Health and human services.--The date of abolishment referred to in subsection (a) is 6 years after the date of enactment of this Act for the Department of Health and Human Services. (6) Housing and urban development; judiciary.--The date of abolishment referred to in subsection (a) is 7 years after the date of enactment of this Act for the following agencies: (A) The Department of Housing and Urban Development. (B) Any other agency, other than the Department of Justice-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on the Judiciary of the House of Representatives. (7) Labor.--The date of abolishment referred to in subsection (a) is 8 years after the date of enactment of this Act for the Department of Labor. (8) Interior.--The date of abolishment referred to in subsection (a) is 9 years after the date of enactment of this Act for the following agencies: (A) The Department of the Interior. (B) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Natural Resources of the House of Representatives. (9) Treasury; veterans affairs.--The date of abolishment referred to in subsection (a) is 10 years after the date of enactment of this Act for the following agencies: (A) Any office of the Department of the Treasury. (B) Any other agency, other than the Department of the Treasury-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Ways and Means of the House of Representatives. (C) The Department of Veterans Affairs. (D) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Veterans' Affairs of the House of Representatives. (10) Transportation; armed services; foreign affairs; homeland security.--The date of abolishment referred to in subsection (a) is 11 years after the date of enactment of this Act for the following agencies: (A) The Department of Transportation. (B) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Transportation and Infrastructure of the House of Representatives. (C) Any other agency, except the Department of Defense-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Armed Services of the House of Representatives. (D) Any other agency, except the Department of State-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Foreign Affairs of the House of Representatives. (E) Any other agency, except the Department of Homeland Security-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Homeland Security of the House of Representatives. (F) Any other agency, except the Department of Defense, the Department of State, the Department of Homeland Security, the Department of Justice, and the Department of the Treasury, about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency within the last 10 years. (d) Future Dates.--On the date that is 10 years after each date listed in subsection (c) for the abolishment of an agency, and every 10 years thereafter, if such agency exists, such agency shall be abolished. SEC. 3. SELF-REVIEW OF AGENCIES. Not later 1 year before the date on which an agency is scheduled to be abolished pursuant to section 2(a), the head of such agency shall submit to Congress a report on the roles and responsibilities of the agency detailing the agency's justification for existence, including areas where the duties of the agency may overlap with the duties of other agencies. SEC. 4. AGENCY DEFINED. The term ``agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code.
Sunset Inefficient and Unaccountable Government Act This bill requires the abolishment of the Departments of Agriculture, Commerce, Education, Energy, Health and Human Services, Housing and Urban Development, Labor, the Interior, the Treasury, Veterans Affairs, and Transportation on specified dates of between 2 years and 11 years after enactment of this Act or every 10 years thereafter, and of any other agency about which Congress has not passed a concurrent resolution disapproving abolishment during the previous 10 years, unless a disapproval of such abolishment is enacted prior to the date of the agency's scheduled abolishment. The head of each agency which is scheduled to be abolished must: (1) take necessary actions to dispose of the assets, obligations, and liabilities of the agency during the one-year period that begins on the date of abolishment; and (2) report to Congress on the roles and responsibilities of the agency, detailing the agency's justification for existence, including areas where the duties of the agency may overlap with the duties of other agencies.
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SECTION 1. WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; removal price; adjusted base price; qualified investment. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any integrated oil company (as defined in section 291(b)(4)) an excise tax equal to the excess of-- ``(1) the amount equal to 50 percent of the windfall profit from all barrels of taxable crude oil removed from the property during each taxable year, over ``(2) the amount of qualified investment by such company during such taxable year. ``(b) Fractional Part of Barrel.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. ``(c) Tax Paid by Producer.--The tax imposed by this section shall be paid by the producer of the taxable crude oil. ``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE PRICE; QUALIFIED INVESTMENT. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the removal price of the barrel of taxable crude oil over the adjusted base price of such barrel. ``(b) Removal Price.--For purposes of this chapter-- ``(1) In general.--Except as otherwise provided in this subsection, the term `removal price' means the amount for which the barrel of taxable crude oil is sold. ``(2) Sales between related persons.--In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. ``(3) Oil removed from property before sale.--If crude oil is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(4) Refining begun on property.--If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property-- ``(A) such oil shall be treated as removed on the day such manufacture or conversion begins, and ``(B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(5) Property.--The term `property' has the meaning given such term by section 614. ``(c) Adjusted Base Price Defined.-- ``(1) In general.--For purposes of this chapter, the term `adjusted base price' means $40 for each barrel of taxable crude oil plus an amount equal to-- ``(A) such base price, multiplied by ``(B) the inflation adjustment for the calendar year in which the taxable crude oil is removed from the property. The amount determined under the preceding sentence shall be rounded to the nearest cent. ``(2) Inflation adjustment.-- ``(A) In general.--For purposes of paragraph (1), the inflation adjustment for any calendar year after 2006 is the percentage by which-- ``(i) the implicit price deflator for the gross national product for the preceding calendar year, exceeds ``(ii) such deflator for the calendar year ending December 31, 2005. ``(B) First revision of price deflator used.--For purposes of subparagraph (A), the first revision of the price deflator shall be used. ``(d) Qualified Investment.--For purposes of this chapter-- ``(1) In general.--The term `qualified investment' means any amount paid or incurred with respect to-- ``(A) section 263(c) costs, ``(B) qualified refinery property (as defined in section 179C(c) and determined without regard to any termination date), ``(C) any qualified facility described in paragraph (1), (2), (3), or (4) of section 45(d) (determined without regard to any placed in service date), and ``(D) any facility for the production of alcohol used as a fuel (within the meaning of section 40) or biodiesel or agri-biodiesel used as a fuel (within the meaning of section 40A). ``(2) Section 263(c) costs.--For purposes of this subsection, the term `section 263(c) costs' means intangible drilling and development costs incurred by the taxpayer which (by reason of an election under section 263(c)) may be deducted as expenses for purposes of this title (other than this paragraph). Such term shall not include costs incurred in drilling a nonproductive well. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Definitions.--For purposes of this chapter-- ``(1) Producer.--The term `producer' means the holder of the economic interest with respect to the crude oil. ``(2) Crude oil.-- ``(A) In general.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(B) Exclusion of newly discovered oil.--Such term shall not include any oil produced from a well drilled after the date of the enactment of this chapter, except with respect to any oil produced from a well drilled after such date on any proven oil or gas property (within the meaning of section 613A(c)(9)(A)). ``(3) Barrel.--The term `barrel' means 42 United States gallons. ``(e) Adjustment of Removal Price.--In determining the removal price of oil from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil removed. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. ``(g) Termination.--This section shall not apply to taxable crude oil removed after the date which is 3 years after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Windfall profit on crude oil''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to crude oil removed after the date of the enactment of this Act, in taxable years ending after such date. (2) Transitional rules.--For the period ending December 31, 2005, the Secretary of the Treasury or the Secretary's delegate shall prescribe rules relating to the administration of chapter 56 of the Internal Revenue Code of 1986. To the extent provided in such rules, such rules shall supplement or supplant for such period the administrative provisions contained in chapter 56 of such Code (or in so much of subtitle F of such Code as relates to such chapter 56). SEC. 2. USE OF PROCEEDS FROM WINDFALL PROFITS ON CRUDE OIL FOR LIHEAP. There are hereby appropriated amounts equivalent to the taxes received in the Treasury under chapter 56 of the Internal Revenue Code of 1986, which amounts shall be available only to carry out the Low- Income Home Energy Assistance Act of 1981.
Amends the Internal Revenue Code to impose upon integrated oil companies an excise tax of 50 percent of their net windfall profit from the production of taxable crude oil in a taxable year. Defines "windfall profit" as the excess of the removal price (sales price) of a barrel of taxable crude oil over the adjusted base price of such barrel (i.e., $40 per barrel, adjusted for inflation). Terminates such tax three years after the enactment of this Act. Allows a tax deduction for the payment of any windfall profit tax. Appropriates windfall profit tax revenues generated by this Act for the sole purpose of carrying out the Low-Income Home Energy Assistance Act of 1981.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil and to use the proceeds to carry out the Low-Income Home Energy Assistance Act of 1981."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Dot Kids Implementation and Efficiency Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the World Wide Web presents a stimulating and entertaining opportunity for children to learn, grow, and develop educationally and intellectually; (2) Internet technology also makes available an extensive amount of information that is harmful to children, as studies indicate that a significant portion of all material available on the Internet is related to pornography; (3) young children, when trying to use the World Wide Web for positive purposes, are often presented--either mistakenly or intentionally--with material that is inappropriate for their age, which can be extremely frustrating for children, parents, and educators; (4) exposure of children to material that is inappropriate for them, including pornography, can distort the education and development of the Nation's youth and represents a serious harm to American families that can lead to a host of other problems for children, including inappropriate use of chat rooms, physical molestation, harassment, and legal and financial difficulties; (5) young boys and girls, older teens, troubled youth, frequent Internet users, chat room participants, online risk takers, and those who communicate online with strangers are at greater risk for receiving unwanted sexual solicitation on the Internet; (6) studies have shown that 19 percent of youth (ages 10 to 17) who used the Internet regularly were the targets of unwanted sexual solicitation, but less than 10 percent of the solicitations were reported to the police; (7) children who come across illegal content should report it to the congressionally authorized CyberTipline, an online mechanism developed by the National Center for Missing and Exploited Children, for citizens to report sexual crimes against children; (8) the CyberTipline has received more than 64,400 reports, including reports of child pornography, online enticement for sexual acts, child molestation (outside the family), and child prostitution; (9) although the computer software and hardware industries, and other related industries, have developed innovative ways to help parents and educators restrict material that is harmful to minors through parental control protections and self- regulation, to date such efforts have not provided a national solution to the problem of minors accessing harmful material on the World Wide Web; (10) the creation of a ``green-light'' area within the United States country code Internet domain, that will contain only content that is appropriate for children under the age of 13, is analogous to the creation of a children's section within a library and will promote the positive experiences of children and families in the United States; and (11) while custody, care, and nurture of the child reside first with the parent, the protection of the physical and psychological well-being of minors by shielding them from material that is harmful to them is a compelling governmental interest. (b) Purposes.--The purposes of this Act are-- (1) to facilitate the creation of a second-level domain within the United States country code Internet domain for the location of material that is suitable for minors and not harmful to minors; and (2) to ensure that the National Telecommunications and Information Administration oversees the creation of such a second-level domain and ensures the effective and efficient establishment and operation of the new domain. SEC. 3. NTIA AUTHORITY. Section 103(b)(3) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(b)(3)) is amended-- (1) in subparagraph (A), by striking ``and'' 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 new subparagraph: ``(C) shall assign to the NTIA responsibility for providing for the establishment, and overseeing operation, of a second-level Internet domain within the United States country code domain in accordance with section 157.''. SEC. 4. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN. The National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended in part C by adding at the end the following new section: ``SEC. 157. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN. ``(a) Responsibilities.--The NTIA shall require the registry selected to operate and maintain the United States country code Internet domain to establish, operate, and maintain a second-level domain within the United States country code domain that provides access only to material that is suitable for minors and not harmful to minors (in this section referred to as the `new domain'). ``(b) Conditions of Contract Renewal.--The NTIA may not renew any contract to operate and maintain the domain with the initial registry, or enter into or renew any such contract with any successor registry, unless such registry enters into an agreement with the NTIA, during the 90-day period beginning upon the date of the enactment of the Dot Kids Implementation and Efficiency Act of 2002 in the case of the initial registry or during the 90-day period after selection in the case of any successor registry, as applicable, which provides for the registry to carry out, and the new domain operates pursuant to, the following requirements: ``(1) Written content standards for the new domain, except that the NTIA shall not have any authority to establish such standards. ``(2) Written agreements with each registrar for the new domain that require that use of the new domain is in accordance with the standards and requirements of the registry. ``(3) Written agreements with registrars, which shall require registrars to enter into written agreements with registrants, to use the new domain in accordance with the standards and requirements of the registry. ``(4) Rules and procedures for enforcement and oversight that minimize the possibility that the new domain provides access to content that is not in accordance with the standards and requirements of the registry. ``(5) A process for removing from the new domain any content that is not in accordance with the standards and requirements of the registry. ``(6) A process to provide registrants to the new domain with an opportunity for a prompt, expeditious, and impartial dispute resolution process regarding any material of the registrant excluded from the new domain. ``(7) Continuous and uninterrupted service for the new domain during any transition to a new registry selected to operate and maintain new domain or the United States country code domain. ``(8) Procedures and mechanisms to promote the accuracy of contact information submitted by registrants and retained by registrars in the new domain. ``(9) Operationality of the new domain not later than one year after the date of the enactment of the Dot Kids Implementation and Efficiency Act of 2002. ``(10) Written agreements with registrars, which shall require registrars to enter into written agreements with registrants, to prohibit two-way and multiuser interactive services in the new domain, unless the registrant certifies to the registrar that such service will be offered in compliance with the content standards established pursuant to paragraph (1) and is specifically constructed and operated to protect minors from harm. ``(11) Written agreements with registrars, which shall require registrars to enter into written agreements with registrants, to prohibit hyperlinks in the new domain that take new domain users outside of the new domain. ``(12) Any other action that the NTIA considers necessary to establish, operate, or maintain the new domain in accordance with the purposes of this section. ``(c) Treatment of Registry and Other Entities.-- ``(1) In general.--Only to the extent that such entities carry out functions under this section, the following entities are deemed to be interactive computer services for purposes of section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)): ``(A) The registry that operates and maintains the new domain. ``(B) Any entity that contracts with such registry to carry out functions to ensure that content accessed through the new domain complies with the limitations applicable to the new domain. ``(C) Any registrar for the registry of the new domain that is operating in compliance with its agreement with the registry. ``(2) Savings provision.--Nothing in paragraph (1) shall be construed to affect the applicability of any other provision of title II of the Communications Act of 1934 to the entities covered by subparagraph (A), (B), or (C) of paragraph (1). ``(d) Education.--The NTIA shall carry out a program to publicize the availability of the new domain and to educate the parents of minors regarding the process for utilizing the new domain in combination and coordination with hardware and software technologies that provide for filtering or blocking. The program under this subsection shall be commenced not later than 30 days after the date that the new domain first becomes operational and accessible by the public. ``(e) Coordination With Federal Government.--The registry selected to operate and maintain the new domain shall-- ``(1) consult with appropriate agencies of the Federal Government regarding procedures and actions to prevent minors and families who use the new domain from being targeted by adults and other children for predatory behavior, exploitation, or illegal actions; and ``(2) based upon the consultations conducted pursuant to paragraph (1), establish such procedures and take such actions as the registry may deem necessary to prevent such targeting. The consultations, procedures, and actions required under this subsection shall be commenced not later than 30 days after the date that the new domain first becomes operational and accessible by the public. ``(f) Compliance Report.--The registry shall prepare, on an annual basis, a report on the registry's monitoring and enforcement procedures for the new domain. The registry shall submit each such report, setting forth the results of the review of its monitoring and enforcement procedures for the new domain, to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ``(g) Selection of Contractor.-- ``(1) Withdrawal of registry.-- ``(A) Election by registry.--Upon a good faith showing by the registry of the new domain to the NTIA of extreme financial hardship in the operation of the new domain occurring any time after the date of the enactment of the Dot Kids Implementation and Efficiency Act of 2002, the registry may elect to relinquish the right to operate and maintain the new domain. Notwithstanding the time of occurrence of such extreme financial hardship or the time of such election, the registry may not relinquish such right before the expiration of the 3-year period beginning upon such date of enactment. ``(B) Selection of new contractor.--If the registry elects to relinquish such right pursuant to subparagraph (A), the NTIA shall select a contractor to operate and maintain the new domain under the competitive bidding process established pursuant to paragraph (2). ``(C) Extreme financial hardship.--For purposes of this paragraph, the term `extreme financial hardship' means that each quarter, for a period of 6 or more consecutive quarters, the costs of establishing, operating, and maintaining the new domain exceed the revenues generated from registrants by more than 25 percent. ``(2) Competitive bid selection process.--The NTIA shall establish a process for soliciting applications and selecting a contractor to operate and maintain the new domain pursuant to this subsection), which process shall comply with the following requirements: ``(A) Timing.--The selection process shall commence and complete not later than (i) 120 days after the registry elects to relinquish the new domain for extreme financial hardship, or (ii) the expiration of a contract referred to in paragraph (4), as applicable. ``(B) Notice.--The selection process shall provide adequate notice to prospective applicants of-- ``(i) the opportunity to submit such an application; and ``(ii) the criteria for selection under subparagraph (C). ``(C) Criteria.--The selection shall be made pursuant to written, objective criteria designed to ensure-- ``(i) that the new domain is operated and maintained in accordance with the requirements under subsection (b); and ``(ii) that the contractor selected to operate and maintain the new domain is the applicant most capable and qualified to do so. ``(D) Review.--Not more than 60 days after the conclusion of the period established for submission of applications, the NTIA shall-- ``(i) review and apply the selection criteria established under subparagraph (C) to each application submitted; and ``(ii) based upon such criteria and subject to submission of an application meeting such criteria, select an application and award to the applicant a subcontract for the operation and maintenance of the new domain. ``(E) Failure to find contractor.--If the NTIA fails to find a suitable contractor pursuant to the process under this paragraph, the NTIA shall permit the registry to cease operation of the new domain. ``(3) Rights and duties.--A contractor selected pursuant to this subsection shall have all of the rights and duties of the registry specified under this section, except that such duties shall not include the technical maintenance of the new domain. ``(4) Conditions of contract renewal.--In the case of the expiration of a contract for operation and maintenance of the new domain with a contractor selected pursuant to paragraph (2), the NTIA may renew such contract or, subject to paragraph (2), rebid the contract to a new contractor. Nothing in this section shall be construed to prevent the registry of the United States country code Internet domain from bidding to become the contractor of the new domain. ``(h) Suspension of New Domain.--If the NTIA finds, pursuant to its own review or upon a good faith petition by the registry, that the new domain is not serving its intended purpose, the NTIA shall instruct the registry to suspend operation of the new domain until such time as the NTIA determines that the new domain can be operated as intended. ``(i) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Harmful to minors.--The term `harmful to minors' means, with respect to material, that-- ``(A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, that it is designed to appeal to, or is designed to pander to, the prurient interest; ``(B) the material depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and ``(C) taken as a whole, the material lacks serious, literary, artistic, political, or scientific value for minors. ``(2) Minor.--The term `minor' means any person under 13 years of age. ``(3) Registry.--The term `registry' means the registry selected to operate and maintain the United States country code Internet domain ``(4) Suitable for minors.--The term `suitable for minors' means, with respect to material, that it-- ``(A) is not psychologically or intellectually inappropriate for minors; and ``(B) serves-- ``(i) the educational, informational, intellectual, or cognitive needs of minors; or ``(ii) the social, emotional, or entertainment needs of minors.''.
Dot Kids Implementation and Efficiency Act of 2002 - Amends the National Telecommunications and Information Administration Organization Act to direct the Secretary of Commerce to assign to the National Telecommunications and Information Administration (NTIA) responsibility for providing for the establishment, and overseeing operation, of a second-level Internet domain within the U.S. country code domain that provides access only to materials suitable for, and not harmful to, minors. Directs NTIA to require the same registry selected to operate and maintain the U.S. country code Internet domain to establish, operate, and maintain such second-level domain. Prohibits NTIA from renewing any contract to operate and maintain the domain with the initial registry, or to enter into or renew a contract with a successor registry, unless such registry enters into an agreement with NTIA which requires the registry to carry out, and the new domain to operate under, specified requirements.Requires NTIA to publicize the availability of the new domain and to educate parents of minors regarding the process for utilizing such domain in coordination with filtering or blocking technologies.Allows a registry, upon a showing of extreme financial hardship, to relinquish the right to operate and maintain the new domain and requires NTIA to then select, under a competitive bidding process, a contractor to operate and maintain such domain. Prohibits the registry from relinquishing such right before the end of the three-year period following the enactment of this Act.Authorizes NTIA to suspend from new domain operation a registry found not to be serving its intended purpose.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Assistance Act of 2004''. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture. SEC. 3. CROP DISASTER ASSISTANCE. (a) Definitions.--In this section: (1) Additional coverage.--The term ``additional coverage'' has the meaning given the term in section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)). (2) Insurable commodity.-- (A) In general.--The term ``insurable commodity'' means an agricultural commodity for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (B) Exclusion.--The term ``insurable commodity'' does not include livestock. (3) Noninsurable commodity.--The term ``noninsurable commodity'' means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (b) Assistance Available.--The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred qualifying losses for the 2004 crop of an agricultural commodity due to damaging weather or related condition, as determined by the Secretary. (c) Administration.-- (1) Use of former administrative authority.--Except as provided in paragraph (2), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for quantity and quality losses as were used in administering that section. (2) Payment rate.--The payment rate for a crop for assistance provided under this section to the producers on a farm shall be calculated as follows: (A) If the producers obtained a policy or plan of insurance, including a catastrophic risk protection plan, for the crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 50 percent of the applicable price for the crop. (B) If a policy or plan of insurance, including a catastrophic risk protection plan, for the crop was not available to the producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 50 percent of the applicable price for the crop. (C) Subject to subsections (d) and (e), if the producers did not obtain a policy or plan of insurance, including a catastrophic risk protection plan, available for the crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 40 percent of the applicable price for the crop. (d) Ineligibility for Assistance.--Except as provided in subsection (e), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm-- (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop incurring the losses. (e) Contract Waiver.--The Secretary may waive subsection (d) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree-- (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) providing additional coverage for the insurable commodity for each of the next 2 crops; and (2) in the case of a noninsurable commodity, to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (f) Effect of Violation.--In the event of the violation of a contract under subsection (e) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section. SEC. 4. LIVESTOCK ASSISTANCE. (a) Definitions.--In this section: (1) Disaster county.--The term ``disaster county'' means a county included in the geographic area covered by a qualifying natural disaster declaration for calendar year 2004. (2) Qualifying natural disaster declaration.--The term ``qualifying natural disaster declaration'' means-- (A) a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); or (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (b) Livestock Assistance Program.-- (1) Assistance available.-- (A) In general.--Subject to subsection (c), the Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to establish a program under which payments are made to livestock producers for losses in a disaster county. (B) Criteria.--To carry out the program, the Secretary shall use the criteria established to carry out the 1999 Livestock Assistance Program, except that, in lieu of the gross revenue criteria used for the 1999 Livestock Assistance Program, the Secretary shall use the adjusted gross income limitation contained in section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a). (c) Relationship of Livestock Assistance Programs.--The amount of assistance that the producers would otherwise receive for a loss under the livestock assistance program shall be reduced by the amount of the assistance that the producers receive under any other livestock assistance program, as determined by the Secretary. SEC. 5. FUNDING. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act, and such funds shall remain available to carry out this Act until expended. SEC. 6. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.
Agricultural Assistance Act of 2004 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers who have incurred qualifying 2004 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2004 losses in an emergency- or disaster-designated county. Sets forth crop payment rate and eligibility provisions.
{"src": "billsum_train", "title": "To provide crop and livestock disaster assistance."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Benefits Programs Modification Act of 2001''. SEC. 2. EXCLUSION OF CERTAIN ADDITIONAL INCOME FROM DETERMINATIONS OF ANNUAL INCOME FOR PENSION PURPOSES. (a) Life Insurance Proceeds.--Section 1503(a) of title 38, United States Code, is amended-- (1) in paragraph (9), by striking ``and'' at the end; (2) in paragraph (10), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraph (11): ``(11) proceeds of any life insurance policy of a veteran; and''. (b) Other Non-Recurring Income.--That section is further amended by inserting after paragraph (11), as added by subsection (a)(3) of this section, the following new paragraph (12): ``(12) any other non-recurring income from any source.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2002, and shall apply with respect to determinations of annual income under section 1503 of title 38, United States Code, as so amended, on or after that date. SEC. 3. EFFECTIVE DATES OF AWARDS AND REDUCTIONS AND DISCONTINUANCES OF BENEFITS. (a) Repeal of 45-Day Rule for Effective Date of Award of Death Pension.--Section 5110(d) of title 38, United States Code, is amended-- (1) by striking ``(1)''; and (2) by striking paragraph (2). (b) Effective Date of Change in Recurring Income for Benefits Purposes.--Section 5112(b)(4) of that title is amended by striking subparagraph (A) and inserting the following new subparagraph (A): ``(A) change in recurring income will be the last day of the calendar year in which the change occurred (with the pension rate for the following calendar year based on all anticipated countable income); and''. SEC. 4. TIME LIMITATION ON RECEIPT OF CLAIM INFORMATION PURSUANT TO REQUEST BY DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 5102 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) Time Limitation.--(1) If information that a claimant and the claimant's representative, if any, are notified under section 5103(a) of this title is necessary to complete an application is not received by the Secretary within one year from the date of such notification, no benefit may be paid or furnished by reason of the claimant's application. ``(2) This subsection shall not apply to any application or claim for Government life insurance benefits.''. (b) Repeal of Superseded Provisions.--Section 5103 of that title is amended-- (1) by striking ``(a) Required Information and Evidence.-- ''; and (2) by striking subsection (b). (c) Effective Date.--The amendments made by this section shall take effect as if enacted on November 9, 2000, immediately after the enactment of the Veterans Claims Assistance Act of 2000 (Public Law 106-475; 114 Stat. 2096). SEC. 5. CLARIFICATION OF EFFECTIVE DATE OF MODIFICATIONS OF DUTY TO ASSIST. (a) Clarification.--Section 7 of the Veterans Claims Assistance Act of 2000 (Public Law 106-475; 114 Stat. 2096; 38 U.S.C. 5107 note) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``the provisions of section 5107 of title 38, United States Code, as amended by section 4 of this Act'' and inserting ``the amendments to chapter 51 of title 38, United States Code, made by this Act''; and (B) in paragraph (2), by striking ``and not final as of that date'' and inserting ``in which a decision had not been issued by the Secretary of Veterans Affairs before that date''; and (2) in subsection (b)-- (A) by striking ``Rule for Claims the Denial of Which Became Final After the Court of Appeals for Veterans Claims Decision in the Morton Case.--(1)'' and inserting ``(1)''; and (B) in paragraph (2), by striking ``that--'' and all that follows through the end of the paragraph and inserting the following: ``that-- ``(A) became final during the period beginning on July 14, 1999, and ending on the date of the enactment of this Act and was issued by the Secretary or a court because the claim was not well grounded (as that term was used in section 5107(a) of title 38, United States Code, as in effect during that period); or ``(B) did not become final before the date of the enactment of this Act.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Veterans Claims Assistance Act of 2000, to which such amendments relate. SEC. 6. PROHIBITION ON PROVIDING CERTAIN BENEFITS WITH RESPECT TO VETERANS WHO ARE FUGITIVE FELONS. (a) Prohibition.--(1) Chapter 53 of title 38, United States Code, is amended by inserting after section 5313A the following new section: ``Sec. 5313B. Prohibition on providing certain benefits with respect to veterans who are fugitive felons ``(a) A veteran described in subsection (b), or dependent of the veteran, who is otherwise eligible for a benefit described in subsection (c) may not be paid or otherwise provided such benefit during any period in which the veteran is a fugitive as described in subsection (b). ``(b)(1) A veteran described in this subsection is a veteran who is a fugitive by reason of-- ``(A) fleeing to avoid prosecution, or custody or confinement after conviction, for an offense, or an attempt to commit an offense, which is a felony under the laws of the place from which the veteran flees; or ``(B) violating a condition of probation or parole imposed under Federal or State law. ``(2) For purposes of this subsection, the term `felony' includes a high misdemeanor under the laws of a State which characterizes as high misdemeanors offenses that would be felony offenses under Federal law. ``(c) A benefit described in this subsection is any benefit under the following: ``(1) Chapter 11 of this title. ``(2) Chapter 15 of this title. ``(3) Chapter 17 of this title. ``(4) Chapter 19 of this title. ``(5) Chapters 30, 31, 32, and 34 of this title. ``(6) Chapter 37 of this title. ``(d)(1) The Secretary shall furnish to any Federal, State, or local law enforcement official, upon the written request of such official, the most current address maintained by the Secretary of a veteran who is eligible for a benefit described in subsection (c) if such official-- ``(A) provides the Secretary such information as the Secretary may require to fully identify the veteran; ``(B) identifies the veteran as being a fugitive described in subsection (b); and ``(C) certifies to the Secretary that the location and apprehension of the veteran is within the official duties of such official. ``(2) The Secretary shall enter into memoranda of understanding with Federal law enforcement agencies, and may enter into agreements with State and local law enforcement agencies, for purposes of furnishing information to such agencies under paragraph (1).''. (2) The table of sections at the beginning of that chapter is amended by inserting after the item relating to section 5313A the following new item: ``5313B. Prohibition on providing certain benefits with respect to veterans who are fugitive felons.''. (b) Sense of Congress on Entry Into Memoranda of Understanding and Agreements.--It is the sense of Congress that the memoranda of understanding and agreements referred to in section 5313B(d)(2) of title 38, United States Code (as added by subsection (a)), should be entered into as soon as practicable after the date of the enactment of this Act, but not later than six months after that date. SEC. 7. LIMITATION ON PAYMENT OF COMPENSATION FOR VETERANS REMAINING INCARCERATED FOR FELONIES COMMITTED BEFORE OCTOBER 7, 1980. (a) Limitation.--Notwithstanding any other provision of law, the payment of compensation to or with respect to a veteran described in subsection (b) shall, for the remainder of the period of incarceration of the veteran described in that subsection, be subject to the provisions of section 5313 of title 38, United States Code, other than subsection (d) of that section. (b) Covered Veterans.--A veteran described in this subsection is any veteran entitled to compensation who-- (1) was incarcerated on October 7, 1980, for a felony committed before that date; and (2) remains incarcerated for conviction of that felony after the date of the enactment of this Act. (c) Effective Date.--This section shall take effect 90 days after the date of the enactment of this Act, and shall apply with respect to the payment of compensation for months beginning on or after that date. (d) Compensation Defined.--For purposes of this section, the term ``compensation'' shall have the meaning given that term in section 5313 of title 38, United States Code. SEC. 8. ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE OF SPOUSES AND SURVIVING SPOUSES OF VETERANS WITH TOTAL SERVICE-CONNECTED DISABILITIES. (a) Designation of Eligibility.--Section 3501(a)(1)(D) of title 38, United States Code, is amended-- (1) by inserting ``(i)'' after ``(D)''; and (2) by inserting ``(ii)'' after ``or''. (b) Restatement and Expansion of Treatment of Use of Eligibility.-- (1) Section 3511 of that title is amended by adding at the end the following new subsection: ``(c) Any entitlement used by any eligible person as a result of eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be deducted from any entitlement to which such person may subsequently become entitled under this chapter.''. (2) Section 3512 of that title is amended by striking subsection (g). (c) Delimiting Period.-- (1) In general.--Section 3512(b) of that title is amended-- (A) by striking paragraph (1) and inserting the following new paragraph (1): ``(1)(A) Except as provided in subparagraph (B), a person made eligible by subparagraph (B) or (D) of section 3501(a)(1) of this title may be afforded educational assistance under this chapter during the 10-year period beginning on the date (as determined by the Secretary) the person became an eligible person within the meaning of section 3501(a)(1)(B), 3501(D)(i), or 3501(D)(ii) of this title. In the case of a surviving spouse made eligible by clause (ii) of section 3501(a)(1)(D) of this title, the 10-year period may not be reduced by any earlier period during which the person was afforded educational assistance under this chapter as a spouse made eligible by clause (i) of that section. ``(B) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph may, subject to the Secretary's approval, elect a later beginning date for the 10-year period than would otherwise be applicable to the person under that subparagraph. The beginning date so elected may be any date between the beginning date determined for the person under subparagraph (A) and whichever of the following dates applies: ``(i) The date the Secretary notifies the veteran from whom eligibility is derived that the veteran has a service-connected total disability permanent in nature. ``(ii) The date on which the Secretary determines that the veteran from whom eligibility is derived died of a service- connected disability.''; and (B) by striking paragraph (3). (2) Applicability.--The amendment made by paragraph (1) shall apply with respect to any determination (whether administrative or judicial) of the eligibility of a spouse or surviving spouse for educational assistance under chapter 35 of title 38, United States Code, made on or after the date of the enactment of this Act, whether pursuant to an original claim for such assistance or pursuant to a reapplication or attempt to reopen or readjudicate a claim for such assistance. SEC. 9. REPEAL OF FISCAL YEAR LIMITATION ON NUMBER OF VETERANS IN PROGRAMS OF INDEPENDENT LIVING SERVICES AND ASSISTANCE. (a) Repeal of Limitation.--Section 3120(e) of title 38, United States Code, is amended by striking ``Programs'' and all that follows through ``such programs'' and inserting ``First priority in the provision of programs of independent living services and assistance under this section''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on September 30, 2001. SEC. 10. INCREASE IN HOME LOAN GUARANTY AMOUNT FOR CONSTRUCTION AND PURCHASE OF HOMES. Section 3703(a)(1) of title 38, United States Code, is amended by striking ``$50,750'' each place it appears in subparagraphs (A)(i)(IV) and (B) and inserting ``$63,175''.
Veterans' Benefits Programs Modification Act of 2001 - Amends Federal veterans' benefits provisions to: (1) exclude from annual income, for purposes of eligibility for veterans' pension, the proceeds of any life insurance policy or any other non-recurring income from any source; (2) repeal a provision providing an effective date for the award of death pension for which application is received within 45 days of such death; (3) provide an effective date for the reduction or discontinuance of compensation or pension by reason of a change in recurring income; (4) prohibit the payment of any benefit if information required of a claimant is not received by the Secretary of Veterans Affairs within one year; (5) prohibit veterans who are fugitive felons, or their dependents, from receiving any veterans' benefit during such fugitive period (requiring the Secretary to enter into a memorandum of understanding with State and local law enforcement agencies to furnish latest address information on such veteran); (6) prohibit payment of compensation to veterans remaining incarcerated for felonies committed before October 7, 1980; (7) revise, generally, the delimiting period for the use of educational assistance by a veteran with a total service-connected disability or by his or her survivors or dependents; (8) repeal the 500 per fiscal year limit on the number of veterans authorized to participate in programs of independent living services and assistance; and (9) increase from $50,750 to $63,175 the veterans home loan guaranty limit.
{"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to exclude certain income from annual income determinations for pension purposes, to limit provision of benefits for fugitive and incarcerated veterans, to increase the home loan guaranty amount for construction and purchase of homes, to modify and enhance other authorities relating to veterans' benefits, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Pay Raise Act of 2001''. SEC. 2. FISCAL YEAR 2002 INCREASE IN MILITARY BASIC PAY. (a) Increase in Basic Pay.--Effective on January 1, 2002, the rates of monthly basic pay for members of the uniformed services are increased by the percentage specified in the following table for the pay grade and years of service indicated: COMMISSIONED OFFICERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ O-10............ 7.3% 7.3% 7.3% 7.3% 7.3% O-9............. 7.3% 7.3% 7.3% 7.3% 7.3% O-8............. 7.3% 7.3% 7.3% 7.3% 7.3% O-7............. 7.3% 7.3% 7.3% 7.3% 7.3% O-6............. 7.3% 7.3% 7.3% 7.3% 7.3% O-5............. 7.3% 7.3% 7.3% 7.3% 7.3% O-4............. 9.0% 9.0% 9.0% 9.0% 9.0% O-3............. 8.3% 8.3% 8.3% 8.3% 8.3% O-2............. 7.3% 7.3% 7.3% 7.3% 7.3% O-1............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------- O-10............ 7.3% 7.3% 7.3% 7.3% 7.3% O-9............. 7.3% 7.3% 7.3% 7.3% 7.3% O-8............. 7.3% 7.3% 7.3% 7.3% 7.3% O-7............. 7.3% 7.3% 7.3% 7.3% 7.3% O-6............. 7.3% 7.3% 7.3% 7.3% 7.3% O-5............. 7.3% 7.3% 7.3% 7.3% 7.3% O-4............. 9.0% 9.0% 9.0% 9.0% 9.0% O-3............. 8.3% 8.3% 8.3% 8.3% 8.3% O-2............. 7.3% 7.3% 7.3% 7.3% 7.3% O-1............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------- O-10............ 7.3% 7.3% 7.3% 7.3% 7.3% O-9............. 7.3% 7.3% 7.3% 7.3% 7.3% O-8............. 7.3% 7.3% 7.3% 7.3% 7.3% O-7............. 7.3% 7.3% 7.3% 7.3% 7.3% O-6............. 7.3% 7.3% 7.3% 7.3% 7.3% O-5............. 7.3% 7.3% 7.3% 7.3% 7.3% O-4............. 9.0% 9.0% 9.0% 9.0% 9.0% O-3............. 8.3% 8.3% 8.3% 8.3% 8.3% O-2............. 7.3% 7.3% 7.3% 7.3% 7.3% O-1............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------------------------ COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ O-3E............ 8.3% 8.3% 8.3% 8.3% 8.3% O-2E............ 7.3% 7.3% 7.3% 7.3% 7.3% O-1E............ 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------- O-3E............ 8.3% 8.3% 8.3% 8.3% 8.3% O-2E............ 7.3% 7.3% 7.3% 7.3% 7.3% O-1E............ 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------- O-3E............ 8.3% 8.3% 8.3% 8.3% 8.3% O-2E............ 7.3% 7.3% 7.3% 7.3% 7.3% O-1E............ 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------------------------ WARRANT OFFICERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ W-5.............. 7.5% 7.5% 7.5% 7.5% 7.5% W-4.............. 7.5% 7.5% 7.5% 7.5% 7.5% W-3.............. 8% 8% 8% 8% 8% W-2.............. 8.5% 8.5% 8.5% 8.5% 8.5% W-1.............. 8.5% 8.5% 8.5% 8.5% 8.5% ------------------------------------------------------ Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------ W-5.............. 7.5% 7.5% 7.5% 7.5% 7.5% W-4.............. 7.5% 7.5% 7.5% 7.5% 7.5% W-3.............. 8% 8% 8% 8% 8% W-2.............. 8.5% 8.5% 8.5% 8.5% 8.5% W-1.............. 8.5% 8.5% 8.5% 8.5% 8.5% ------------------------------------------------------ Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------ W-5.............. 7.5% 7.5% 7.5% 7.5% 7.5% W-4.............. 7.5% 7.5% 7.5% 7.5% 7.5% W-3.............. 8% 8% 8% 8% 8% W-2.............. 8.5% 8.5% 8.5% 8.5% 8.5% W-1.............. 8.5% 8.5% 8.5% 8.5% 8.5% ------------------------------------------------------------------------ ENLISTED MEMBERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ E-9.............. 10.5% 10.5% 10.5% 10.5% 10.5% E-8.............. 10.0% 10.0% 10.0% 10.0% 10.0% E-7.............. 9.5% 9.5% 9.5% 9.5% 9.5% E-6.............. 8.5% 8.5% 8.5% 8.5% 8.5% E-5.............. 8.5% 8.5% 8.5% 8.5% 8.5% E-4.............. 7.5% 7.5% 7.5% 7.5% 7.5% E-3.............. 7.3% 7.3% 7.3% 7.3% 7.3% E-2.............. 7.3% 7.3% 7.3% 7.3% 7.3% E-1.............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------ Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------ E-9.............. 10.5% 10.5% 10.5% 10.5% 10.5% E-8.............. 10.0% 10.0% 10.0% 10.0% 10.0% E-7.............. 9.5% 9.5% 9.5% 9.5% 9.5% E-6.............. 8.5% 8.5% 8.5% 8.5% 8.5% E-5.............. 8.5% 8.5% 8.5% 8.5% 8.5% E-4.............. 7.5% 7.5% 7.5% 7.5% 7.5% E-3.............. 7.3% 7.3% 7.3% 7.3% 7.3% E-2.............. 7.3% 7.3% 7.3% 7.3% 7.3% E-1.............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------ Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------ E-9.............. 10.5% 10.5% 10.5% 10.5% 10.5% E-8.............. 10.0% 10.0% 10.0% 10.0% 10.0% E-7.............. 9.5% 9.5% 9.5% 9.5% 9.5% E-6.............. 8.5% 8.5% 8.5% 8.5% 8.5% E-5.............. 8.5% 8.5% 8.5% 8.5% 8.5% E-4.............. 7.5% 7.5% 7.5% 7.5% 7.5% E-3.............. 7.3% 7.3% 7.3% 7.3% 7.3% E-2.............. 7.3% 7.3% 7.3% 7.3% 7.3% E-1.............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------------------------ (b) Waiver of Section 1009 Adjustment.--The adjustment to become effective during fiscal year 2002 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.
Military Pay Raise Act of 2001 - Increases, as of January 1, 2002, the rates of basic pay for military personnel by a percentage increase of 7.3 to 10.5 percent based upon the member's pay grade and years of service, with the highest percentage increase for grade E-9 enlisted personnel. Waives during FY 2002 any required adjustment in such rates in conformance with any adjustment in the General Schedule of compensation for Federal classified employees.
{"src": "billsum_train", "title": "To increase the rates of military basic pay for members of the uniformed services by providing a percentage increase of between 7.3 percent and 10.5 percent based on the members' pay grade and years of service."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Schools Abroad Support Act''. SEC. 2. FINDINGS. Congress finds the following: (1) During the 2003-2004 school year, the Office of Overseas Schools of the Department of State is financially assisting 189 elementary and secondary schools in other countries. (2) These ``American-sponsored'' schools serve 99,318 students, of whom 27,412 are United States citizens. (3) Twenty of these American-sponsored schools--serving 10,907 students--are located in the Near East and South Asia region, and other American-sponsored schools are located in countries with significant Muslim populations in Africa, Central Asia, and East Asia. (4) American-sponsored schools provide an American-style education in English, with curricula that typically include an emphasis on the development of critical thinking and analytical skills. (5) In response to growing anti-American sentiment in Arab and other predominantly Muslim countries, the United States has placed a renewed emphasis on public diplomacy programs, with education at the elementary, secondary, and university levels representing an important part of that effort. (6) Education is a key element of the efforts of the United States to promote political, economic, and social reform in Arab and predominantly Muslim countries, and is one of the main components of the Middle East Partnership Initiative. (7) As active, vibrant institutions, American-sponsored schools play a vital role in their local communities, and help advance public diplomacy interests of the United States. (8) The Department of State currently provides funds to American-sponsored schools amounting only, on average, to between one and two percent of their annual operating expenses. (9) The United States has an interest in increasing the level of financial support provided to American-sponsored schools in Arab and predominantly Muslim countries, in order to-- (A) increase the number of students in such countries who attend such schools; and (B) increase the number of young people who may thereby gain at any early age an appreciation for the culture, society, and history of the United States. (10) The United States has an interest in increasing the number of students in Arab and predominately Muslim countries who attend American-sponsored schools beyond those from affluent families who are able to afford the cost of tuition, to include children from lower- and middle-income families who otherwise might not be able to afford to attend such schools. (11) Many American-sponsored schools have the capacity to increase the number of students who attend such schools. (12) The Department of State has legal authority under the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) (commonly referred to as the Fulbright-Hays Act) to provide increased financial support for American-sponsored schools. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that, based on the findings contained in section 2, additional funds should be made available to American- sponsored schools in Arab and predominately Muslim countries to provide full or partial merit-based scholarships to children from lower- and middle-income families of such countries to attend such schools. SEC. 4. GRANTS TO AMERICAN-SPONSORED SCHOOLS IN ARAB AND OTHER PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS TO STUDENTS. (a) Grants Authorized.--The Secretary of State, acting through the Director of the Office of Overseas Schools of the Department of State, may make grants to American-sponsored schools in Arab and predominantly Muslim countries for the purpose of providing full or partial merit- based scholarships to students from lower- and middle-income families of such countries to attend such schools. (b) Determination of Eligible Students.--For purposes of expending grant funds, an American-sponsored school that receives a grant under subsection (a) is authorized to establish criteria to be implemented by such school to determine what constitutes lower- and middle-income families in the country (or region of the country, if regional variations in income levels in the country are significant) in which such school is located. (c) Restriction on Use of Funds.--Amounts appropriated to the Secretary of State pursuant to the authorization of appropriations in subsection (c) shall be used for the sole purpose of making grants under this section, and may not be used for the administration of the Office of Overseas Schools of the Department of State or any other activity of the Office. (d) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2005 and 2006, $15,000,000 to carry out subsection (a).
American Schools Abroad Support Act - Expresses the sense of Congress that additional funds should be made available to American-sponsored schools in Arab and other predominantly Muslim countries to provide full or partial merit-based scholarships to students from lower- and middle-income families of such countries to attend such schools. Authorizes the Secretary of State, acting through the Director of the Office of Overseas Schools of the Department of State, to make grants to such schools to provide scholarships to such students.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) In recent years it has become clear that programs funded by the Edward Byrne Memorial Justice Assistance Grant program (Byrne Grants) have perpetuated racial disparities, corruption in law enforcement, and the commission of civil rights abuses across the country. This is especially the case when it comes to the program's funding of hundreds of regional antidrug task forces. The grants for these antidrug task forces have been dispensed to State governments with very little Federal oversight and have been prone to misuse and corruption. (2) Numerous Government Accountability Office reports have found that the United States Justice Department has inadequately monitored Byrne discretionary grants. A 2001 General Accounting Office report found that a third of the grants did not contain required monitoring plans. 70 percent of grant files did not contain required progress reports. 41 percent did not contain financial reports covering the full grant period. A 2002 report by the Heritage Foundation reported that ``there is virtually no evidence'' that Byrne grants have been successful in reducing crime and that the program lacks ``adequate measures of performance''. (3) A 2002 report by the American Civil Liberties Union of Texas identified 17 recent scandals involving Byrne-funded antidrug task forces in Texas, including cases of the falsification of Government records, witness tampering, fabricating evidence, false imprisonment, stealing drugs from evidence lockers, selling drugs to children, large-scale racial profiling, sexual harassment, and other abuses of official capacity. Recent scandals in other States include the misuse of millions of dollars in Byrne grant money in Kentucky and Massachusetts, wrongful convictions based on police perjury in Missouri, and negotiations with drug offenders to drop or lower their charges in exchange for money or vehicles in Alabama, Arkansas, Georgia, Massachusetts, New York, Ohio, and Wisconsin. (4) The most well-known Byrne-funded task force scandal occurred in Tulia, Texas, where dozens of African American residents (totaling over 16 percent of the town's African American population) were arrested, prosecuted, and sentenced to decades in prison, based solely on the uncorroborated testimony of one undercover officer whose background included past allegations of misconduct, sexual harassment, unpaid debts, and habitual use of a racial epithet. The undercover officer was allowed to work alone, and not required to provide audiotapes, video surveillance, or eyewitnesses to corroborate his allegations. Despite the lack of physical evidence or corroboration, the charges were vigorously prosecuted. After the first few trials resulted in convictions and lengthy sentences, many defendants accepted plea bargains. Suspicions regarding the legitimacy of the charges eventually arose after two of the accused defendants were able to produce convincing alibi evidence to prove that they were out of State or at work at the time of the alleged drug purchases. Texas Governor Rick Perry eventually pardoned the Tulia defendants (after four years of imprisonment), but these kinds of scandals continue to plague Byrne grant program spending. (5) A case arose in a Federal court in Waco, Texas concerning the wrongful arrest of 28 African Americans out of 4,500 other residents of Hearne, Texas. In November 2000, these individuals were arrested on charges of possession or distribution of crack cocaine, and they subsequently filed a case against the county government. On May 11, 2005, a magistrate judge found sufficient evidence that a Byrne-funded anti-drug task force had routinely targeted African Americans to hold the county liable for the harm suffered by the plaintiffs. Plaintiffs in that lawsuit alleged that for the past 15 years, based on the uncorroborated tales of informants, task force members annually raided the African American community in eastern Hearne to arrest the residents identified by the confidential informants, resulting in the arrest and prosecution of innocent citizens without cause. On the eve of trial the counties involved in the Hearne task force scandal settled the case, agreeing to pay financial damages to the plaintiffs. (6) Byrne grant-related scandals have grown so prolific that the Texas legislature has passed several reforms in response to them, including outlawing racial profiling and changing Texas law to prohibit drug offense convictions based solely on the word of an undercover informant. The Criminal Jurisprudence Committee of the Texas House of Representatives issued a report in 2004 recommending that all of the State's federally funded antidrug task forces be abolished because they are inherently prone to corruption. The Committee reported, ``Continuing to sanction task force operations as stand-alone law enforcement entities--with widespread authority to operate at will across multiple jurisdictional lines--should not continue. The current approach violates practically every sound principle of police oversight and accountability applicable to narcotics interdiction.'' Most recently the Texas legislature passed a law that ends the ability of a narcotics task force to operate as an entity with no clear accountability. The legislation transfers authority for multicounty drug task forces to the Department of Public Safety and channels one- quarter of asset forfeiture proceeds received by the task forces to a special fund to support drug abuse prevention programs, drug treatment and other programs designed to reduce drug use in the county where the assets are seized. (7) Texas's ``corroboration'' law was passed thanks to a coalition of Christian conservatives and civil rights activists. As one Texas preacher related, requiring corroboration ``puts a protective hedge around the ninth commandment, `You shall not bear false witness against your neighbor.' As long as people bear false witness against their neighbors, this Biblical law will not be outdated.'' (8) During floor debate, conservative Texas legislators pointed out that Mosaic law requires corroboration: ``One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.'' Deuteronomy 19:15. Jesus concurred with the corroboration rule: ``If thy brother shall trespass against thee, go and tell him his fault between thee and him alone. . . . But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established.'' Matthew 18:15-16. (9) Texas's ``corroboration'' law had an immediate positive impact. Once prosecutors needed more than just the word of one person to convict someone of a drug offense they began scrutinizing law enforcement tactics. This new scrutiny led to the uncovering of massive corruption and civil rights abuse by the Dallas police force. In what became known nationally as the ``Sheetrock'' scandal, Dallas police officers and undercover informants were found to have set up dozens of innocent people, mostly Mexican immigrants, by planting fake drugs on them consisting of chalk-like material used in Sheetrock and other brands of wallboard. The revelations led to the dismissal of over 40 cases (although some of those arrested were already deported). In April 2005, a former Dallas narcotics detective was sentenced to 5 years in prison for his role in the scheme. Charges against others are pending. (10) Many regional antidrug task forces receive up to 75 percent of their funding from the Byrne grant program. As such, the United States Government is accountable for corruption and civil rights abuses inherent in their operation. It is the sense of Congress that Byrne grants should be prohibited for States that do not exercise effective control over these task forces. At a bare minimum, no State that fails to prohibit criminal convictions based solely on the testimony of a law enforcement officer or informants should receive a Byrne grant. Corroborative evidence (video or audio tape, drugs, and money, etc.) should always be required for such convictions to be sustained. SEC. 3. LIMITATION ON RECEIPT OF BYRNE GRANT FUNDS AND OTHER DEPARTMENT OF JUSTICE LAW ENFORCEMENT ASSISTANCE. (a) Limitation.--For any fiscal year, a State shall not receive any amount that would otherwise be allocated to that State under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756), or any amount from any other law enforcement assistance program of the Department of Justice, unless the State-- (1) does not fund any drug task forces for that fiscal year; or (2) has in effect throughout the State laws that ensure-- (A) a person is not convicted of a drug offense unless the fact that a drug offense was committed, and the fact that the person committed that offense, are each supported by evidence other than the eyewitness testimony of a law enforcement officer or individuals acting on behalf of law enforcement officers; and (B) a law enforcement officer does not participate in a drug task force unless the honesty and integrity of that officer is evaluated and found to be at an appropriately high level. (b) Regulations.--The Attorney General shall prescribe regulations to carry out subsection (a). (c) Reallocation.--Amounts not allocated by reason of subsection (a) shall be reallocated to States not disqualified by failure to comply with subsection (a). SEC. 4. COLLECTION OF DATA. (a) In General.--A State recipient of funds under section 3(a)(2) shall collect data, for the last year funds were allocated, as to the-- (1) racial distribution of charges made during that year; (2) nature of the criminal law specified in the charges made; and (3) city or law enforcement jurisdiction in which the charge was made. (b) Report.--The data collected under subsection (a) shall be reported to Congress within 180 days prior to the award of funds for each fiscal year of eligibility to receive grants.
No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2005 - Prohibits a state from receiving for a fiscal year any drug control and system improvement (Byrne) grant funds under the Omnibus Crime Control and Safe Streets Act of 1968, or any amount from any other law enforcement assistance program of the Department of Justice, unless the state does not fund any drug task forces for that fiscal year or the State has in effect laws that ensure that: (1) a person is not convicted of a drug offense unless the facts that a drug offense was committed and that the person committed that offense are supported by evidence other than the eyewitness testimony of a law enforcement officer (officer) or individuals acting on an officer's behalf; and (2) an officer does not participate in a drug task force unless that officer's honesty and integrity is evaluated and found to be at an appropriately high level. Provides for reallocation of sums not allocated by reason of this provision to states not so disqualified. Requires state recipients of funds to collect data for the last year funds were allocated regarding: (1) the racial distribution of charges made during that year; (2) the nature of the criminal law specified in the charges; and (3) the city or law enforcement jurisdiction in which the charge was made.
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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``United States- Russian Federation Nuclear Cooperation Agreement Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Definitions. TITLE I--APPROVAL OF UNITED STATES-RUSSIAN FEDERATION AGREEMENT FOR COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY Sec. 101. Approval of Agreement. TITLE II--LIMITATIONS ON NUCLEAR COOPERATION WITH THE RUSSIAN FEDERATION Sec. 201. Certification of actions by the Russian Federation on nonproliferation matters. Sec. 202. Certification of cooperation by the Russian Federation on Iran sanctions. Sec. 203. Certification of Russian liability protections for United States civil nuclear industries. TITLE III--AUTHORIZATION OF EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION Sec. 301. Authorization of extraordinary payments. TITLE IV--FUTURE AGREEMENTS FOR COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY Sec. 401. Requirement for congressional approval of agreements for peaceful nuclear cooperation. Sec. 402. Initiatives and negotiations relating to agreements for peaceful nuclear cooperation. SEC. 2. DEFINITIONS. In this Act: (1) Agency or instrumentality of a foreign state.--The term ``agency or instrumentality of a foreign state'' has the meaning given that term in section 1603(b) of title 28, United States Code. (2) Agreement.--The term ``United States-Russian Federation Agreement for Cooperation on Peaceful Uses of Nuclear Energy'' or ``Agreement'' means the Agreement Between the Government of the United States of America and the Government of the Russian Federation for Cooperation in the Field of Peaceful Uses of Nuclear Energy that was transmitted to the Congress by the President on May 13, 2008. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Foreign Relations of the Senate. (4) Extraordinary payments in connection with the international space station.--The term ``extraordinary payments in connection with the International Space Station'' has the meaning given that term in section 7(1) of the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106-178; 50 U.S.C. 1701 note). (5) Goods, services, or technology.-- (A) In general.--Except as provided in subparagraph (B), the term ``goods, services, or technology'' means-- (i) goods, services, or technology listed on-- (I)(aa) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev.8/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual- Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev.7/ Part 2, and subsequent revisions); (bb) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; (cc) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (dd) the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or (ee) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or (ii) goods, services, or technology not listed on any list identified in clause (i) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems. (B) Exclusion.--The term ``goods, services, or technology'' does not include goods, services, or technology that are directly related to the operation of the Bushehr nuclear power reactor. (6) Government of the russian federation.-- (A) In general.--The term ``Government of the Russian Federation'' includes the government of any subdivision of the Russian Federation, and any agency or instrumentality of the Government of the Russian Federation. (B) Agency or instrumentality.--For purposes of subparagraph (A), the term ``agency or instrumentality of the Government of the Russian Federation'' means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to ``the Russian Federation''. (7) Government of iran.-- (A) In general.--The term ``Government of Iran'' includes the government of any subdivision of Iran, and any agency or instrumentality of the Government of Iran. (B) Agency or instrumentality.--For purposes of subparagraph (A), the term ``agency or instrumentality of the Government of Iran'' means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to ``Iran''. (8) National of iran.--The term ``national of Iran'' means-- (A) any citizen of Iran; or (B) any other legal entity that is organized under the laws of Iran. (9) National of the russian federation.--The term ``national of the Russian Federation'' means-- (A) any citizen of the Russian Federation; or (B) any other legal entity that is organized under the laws of the Russian Federation. (10) Person.--The term ``person'' means any person or entity, including any agency or instrumentality of a foreign state. TITLE I--APPROVAL OF UNITED STATES-RUSSIAN FEDERATION AGREEMENT FOR COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY SEC. 101. APPROVAL OF AGREEMENT. (a) In General.--Congress does favor the United States-Russian Federation Agreement for Cooperation on Peaceful Uses of Nuclear Energy, subject to the requirements of subsection (b). (b) Relationship to Other Provisions of Law.--Notwithstanding section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), the Agreement shall become effective in accordance with the provisions of this Act and other applicable provisions of law. TITLE II--LIMITATIONS ON NUCLEAR COOPERATION WITH THE RUSSIAN FEDERATION SEC. 201. CERTIFICATION OF ACTIONS BY THE RUSSIAN FEDERATION ON NONPROLIFERATION MATTERS. (a) Certification.--No license may be issued for the export of nuclear material, equipment, or technology to the Russian Federation pursuant to the Agreement for any fiscal year beginning after the date of the enactment of this Act unless the President certifies to the appropriate congressional committees for such fiscal year that the requirements of subsection (b) have been met. (b) Requirements.--The requirements referred to in subsection are the following: (1) The Government of the Russian Federation has taken, and is continuing to take, effective actions to prohibit, terminate, and prevent the transfer of goods, services, or technology as defined in this Act to the Government of Iran. (2) For the preceding 12-month period-- (A) there has been no cooperation with respect to any activity described in paragraph (1) between the Government of the Russian Federation and the Government of Iran or any national of Iran based on all credible information available to the United States at the time of the certification; and (B)(i) there has been no cooperation with respect to any activity described in paragraph (1) between any national of the Russian Federation and the Government of Iran or any national of Iran based on all credible information available to the United States at the time of the certification; or (ii) the Government of the Russian Federation has-- (I) terminated any significant cooperation between any such Russian national and the Government of Iran or any such Iranian national; (II) instituted effective measures to prevent a reoccurrence of any such cooperation; or (III) prosecuted any such Russian national. (c) Limitation.--A certification of the conditions described in clause (ii) of subsection (b)(2)(B) may not be used to satisfy the requirements of such subsection for three or more consecutive fiscal years. (d) Sunset.--The provisions of this section shall be effective for the 5-year period beginning on the date of the enactment of this Act. SEC. 202. CERTIFICATION OF COOPERATION BY THE RUSSIAN FEDERATION ON IRAN SANCTIONS. (a) Certification.--No license may be issued for the export of nuclear material, equipment or technology to the Russian Federation pursuant to the Agreement for any fiscal year beginning after the date of the enactment of this Act unless the President certifies to the appropriate congressional committees for such fiscal year that the requirements of subsection (b) have been met. (b) Requirements.--The requirements referred to in subsection (a) are that the Government of the Russian Federation is fully and completely supporting United States efforts to achieve effective international and United Nations Security Council sanctions on Iran in response to Iran's nuclear program. SEC. 203. CERTIFICATION OF RUSSIAN LIABILITY PROTECTIONS FOR UNITED STATES CIVIL NUCLEAR INDUSTRIES. (a) Certification.--No license may be issued for the export of nuclear material, equipment or technology to the Russian Federation pursuant to the Agreement unless the President certifies to the appropriate congressional committees that the requirements of subsection (b) have been met. (b) Requirements.--The requirements referred to in subsection (a) are that the Government of the Russian Federation has ratified the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997, or has enacted domestic law that provides adequate liability protections for United States firms for civil nuclear commerce with the Russian Federation. TITLE III--AUTHORIZATION OF EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION SEC. 301. AUTHORIZATION OF EXTRAORDINARY PAYMENTS. (a) Authorization.--Notwithstanding the restrictions contained in section 6 of the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106-178; 50 U.S.C. 1701 note), the President is authorized to make extraordinary payments in connection with the International Space Station to the Russian Federal Space Agency, or any organization or entity under the jurisdiction or control of the Russian Federal Space Agency, for equipment and services related to transportation to and from, rescue from, and provision, maintenance, and operation of the International Space Station. (b) Limitations.--The authority under subsection (a)-- (1) shall be limited to payments for services provided before July 1, 2016; and (2) may not be used for the purchase of-- (A) any cargo services provided by a Progress vehicle after December 31, 2011; or (B) any crew transportation or rescue services provided by a Soyuz vehicle after a United States commercial provider of crew transportation and rescue services demonstrates the capability to meet mission requirements of the International Space Station. TITLE IV--FUTURE AGREEMENTS FOR COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY SEC. 401. REQUIREMENT FOR CONGRESSIONAL APPROVAL OF AGREEMENTS FOR PEACEFUL NUCLEAR COOPERATION. (a) Cooperation With Other Nations.--Section 123 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153 d.) is amended in the first sentence-- (1) by striking ``not'' the first and second place it appears; (2) by inserting ``only'' after ``effective''; and (3) by striking ``Provided further,'' and all that follows through the period at the end. (b) Subsequent Arrangements.--Section 131 a.(1) of such Act is amended-- (1) in the second sentence, by striking ``, security'' and all that follows through the period at the end; and (2) by inserting after the second sentence the following: ``Such subsequent arrangement shall not take effect unless the Congress enacts a joint resolution of approval, according to the procedures of sections 123 d. and 130 i. of this Act. Any such nuclear proliferation assessment statement shall be submitted to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate no later than the 31st day of continuous session after submission of the subsequent arrangement.''. SEC. 402. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR PEACEFUL NUCLEAR COOPERATION. Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is amended by adding at the end the following: ``e. The President shall keep the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate fully and currently informed of any initiative or negotiations relating to a new or amended agreement for peaceful nuclear cooperation pursuant to this section prior to the President's announcement of such initiative or negotiations. The President shall consult with the appropriate congressional committees concerning such initiative or negotiations beginning not less than 15 calendar days after the initiation of any such negotiations, or the receipt or transmission of a draft agreement, whichever occurs first, and monthly thereafter until such time as the negotiations are concluded.''.
United States-Russian Federation Nuclear Cooperation Agreement Act of 2008 - States that Congress favors the United States-Russian Federation Agreement for Cooperation on Peaceful Uses of Nuclear Energy, subject to certain requirements. Prohibits the issuance of a license for the export of nuclear material, equipment, or technology to the Russian Federation unless the President certifies to the appropriate congressional committees that: (1) the government of the Russian Federation has taken actions to prohibit and prevent the transfer of goods, services, or technology (excluding goods, services, or technology related to the Bushehr nuclear reactor) to the government of Iran; (2) for the preceding 12-month period there has been no cooperation regarding such activities between the government or any national of the Russian Federation and the government or any national of Iran; or (3) during such 12-month period the government of the Russian Federation has terminated any significant cooperation between any Russian national and the government or any national of Iran, has instituted effective measures to prevent a reoccurrence of such cooperation, or has prosecuted any such Russian national. (Limits such certification's use to not more than two consecutive fiscal years.) Prohibits the issuance of a license for the export of nuclear material, equipment or technology to the Russian Federation unless the President certifies to the appropriate congressional committees that the government of the Russian Federation: (1) is fully supporting U.S. efforts to achieve international and U.N. Security Council sanctions on Iran in response to Iran's nuclear program; and (2) has ratified the Convention on Supplementary Compensation for Nuclear Damage or has enacted domestic law that provides adequate liability protections for U.S. firms for civil nuclear commerce with the Russian Federation. Terminates such license provisions five years after enactment of this Act. Authorizes the President, with specified limitations, to make extraordinary payments in connection with the International Space Station to the Russian Federal Space Agency. Amends the Atomic Energy Act of 1954 to require joint congressional resolution of approval of peaceful nuclear cooperation agreements.
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OF PENSION BENEFIT CLAIMS. (a) In General.--Section 503 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1133) is amended-- (1) by adding at the end of the heading the following: ``and arbitration of pension claims''; (2) by inserting ``(a)'' after ``Sec. 503.''; and (3) by adding at the end the following new subsection: ``(b)(1) Any claim of a participant or beneficiary against an employee pension benefit plan with respect to benefits under such plan remaining unresolved, after opportunity for review provided under subsection (a) has been exercised, may be resolved through arbitration, upon the request of the participant or beneficiary which is filed with the Secretary, in such form and manner as shall be prescribed by regulation and within the 60-day period after the participant or beneficiary has received written notice from the plan of the completion of such review. The filing of a request for arbitration under this section with respect to any claim shall constitute a waiver of any right to review of such claim other than as provided in this subsection. ``(2) An arbitration proceeding under this subsection shall be conducted in accordance with fair and equitable procedures to be prescribed by the Secretary. Individuals serving as arbitrators under this section shall be selected by the Secretary from employees of the Department of Labor or, to the extent considered by the Secretary more cost-effective, from individuals whose services are acquired from other sources. If the parties have not provided by agreement for the costs of the arbitration, including arbitrator's fees, the arbitrator shall assess such fees, in an amount for each party not to exceed $500. The arbitrator may also award to prevailing participants and beneficiaries reasonable attorney's fees and pre-judgment interest on unpaid benefits. The award may require payment of punitive damages by any party if the arbitrator finds that any failure by the party with respect to unpaid benefits constitutes willful misconduct. ``(3) Any arbitration proceedings under this subsection shall, to the extent consistent with this title, be conducted in the same manner, subject to the same limitations, carried out with the same powers (including subpena power), and enforced in the United States courts as an arbitration proceeding carried out under title 9, United States Code, as if such arbitration had been entered into by the parties by mutual agreement. Any arbitration award which is not appealed under paragraph (4) may be reviewed only pursuant to sections 9 through 13 of such title 9. ``(4)(A) Upon completion of the arbitration proceedings in favor of one of the parties, a party aggrieved by the arbitrator's award may bring an action in an appropriate United States district court to vacate or modify the award. Any action under this paragraph must be brought no later than 30 days after the date of the issuance of the arbitrator's award, and in such action, the findings of fact shall be subject to de novo review. ``(B) The district courts of the United States shall have exclusive jurisdiction of an action under this paragraph without regard to the amount in controversy. ``(C) An action under this section may be brought in the district where the plan is administered or where a defendant resides or does business, and process may be served in any district where a defendant resides, does business, or may be found. ``(D) In any action under this paragraph, the court may award all or a portion of the costs and expenses incurred in connection with such action, including reasonable attorney's fees, to a prevailing participant or beneficiary. ``(E) A copy of the complaint in any action under this paragraph shall be served upon the Secretary by certified mail. The Secretary may intervene in any such action.''. (b) Conforming Amendment.--The item relating to section 503 in the table of contents in section 1 of such Act is amended to read as follows: ``Sec. 503. Claims procedure and arbitration of pension claims.''. (c) Effective Date.--The amendments made by this section shall apply with respect to claims arising on or after the date of the enactment of this Act. SEC. 3. PRE-JUDGMENT INTEREST ON UNPAID BENEFITS; PUNITIVE DAMAGES FOR WILLFUL MISCONDUCT. (a) Pre-judgment Interest.--Section 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(a)(1)(B)) is amended by inserting ``(together with reasonable pre-judgment interest on unpaid pension plan benefits)'' after ``to recover benefits due to him under the terms of his plan''. (b) Attorney Fees and Costs of Action.--Section 502(g) of such Act (29 U.S.C. 1132(g)) is amended-- (1) in paragraph (1), by inserting ``or (3)'' after ``paragraph (2)''; and (2) by adding at the end the following new paragraph: ``(3) In any action or settlement proceeding under this title with respect to an employee pension benefit plan brought by a participant or beneficiary under such plan in which the participant or beneficiary prevails or substantially prevails, the participant or beneficiary shall be entitled to reasonable attorney's fees, reasonable expert witness fees, and other reasonable costs relating to the action. Fees to which the participant or beneficiary is entitled under the paragraph shall be at generally prevailing hourly rates.''. (c) Punitive Damages for Willful Misconduct.--Section 502(c) of such Act (29 U.S.C. 1132(c)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following new paragraph: ``(6) In any case in which any party consisting of the plan sponsor, the plan administrator, or any other fiduciary of a pension plan knowingly and willfully acts or fails to act for the purpose of depriving a participant or beneficiary of the full and timely payment of a benefit under the plan in violation of the terms of the plan or this title, such party may, in the court's discretion, be jointly and severally liable to such participant or beneficiary, in any action brought under subsection (a)(1)(B), for punitive damages in addition to any other remedy available to such participant or beneficiary.''. (d) Effective Date.--The amendments made by this section shall apply with respect to causes of action arising on or after the date of the enactment of this Act. SEC. 4. ANNUAL REPORTS TO PARTICIPANTS AND BENEFICIARIES IN UNDERSTANDABLE LANGUAGE. (a) In General.--Section 104(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)) is amended to read as follows: ``(b)(1) Within 210 days after the close of each plan year, the administrator shall furnish to each participant, and to each beneficiary receiving benefits under the plan-- ``(A) a copy of the statements and schedules, for such plan, described in subparagraphs (A) and (B) of section 103(b)(3); ``(B) a report containing-- ``(i) a description of all investments and assets of the plan, including their value; ``(ii) the names and positions of all of the trustees of the plan, and the time remaining before the expiration of their term; ``(iii) a description of the method of trustee selection; ``(iv) a description of any changes in investment policy of the plan during the fiscal year; and ``(v) an evaluation of the long-term solvency of the plan, including the number of participants and beneficiaries and a summary of their benefits, and a projection of the amount of benefits expected to be paid for the fifth, tenth, and fifteenth plan year following the date of the publication of the report; ``(C) any other material (including the percentage determined under section 103(d)(11)) as is necessary to fairly summarize the latest annual report; and ``(D) information on where participants and beneficiary may receive assistance with respect to the plan. Such information shall be written and calculated to be understood by the average plan participant, and shall be sufficiently accurate and comprehensive to reasonably apprise such participants and beneficiaries of their rights and obligations under the plan. ``(2) The administrator shall make copies of the plan description and the latest annual report and the bargaining agreement, trust agreement, contract, or other instruments under which the plan was established or is operated available for examination by any plan participant or beneficiary in the principal office of the administrator and in such other places as may be necessary to make available all pertinent information to all participants (including such places as the Secretary may prescribe by regulations). ``(3) The administrator shall, upon written request of any participant or beneficiary, furnish a copy of the latest annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other instruments under which the plan is established or operated. The administrator may make a reasonable charge to cover the cost of furnishing such complete copies. The Secretary may by regulation prescribe the maximum amount which will constitute a reasonable charge under the preceding sentence.''. (b) Conforming Amendments.-- (1) Section 101(a) of such Act (29 U.S.C. 1021(a)) is amended to read as follows-- ``Sec. 101. (a) The administrator of each employee benefit plan shall cause to be furnished in accordance with section 104(b) to each participant covered under the plan and to each beneficiary who is receiving benefits under the plan the information described in sections 104(b)(1) and 105(a) and (c).''. (2) Section 101(b) of such Act (29 U.S.C. 1021(b)) is amended by striking paragraph (1) and redesignating paragraphs (2), (3), (4), and (5), as paragraphs (1), (2), (3), and (4), respectively. (3) Section 102(a)(1) of such Act (29 U.S.C. 1022(a)(1)) is amended to read as follows: ``Sec. 102. (a)(1) A report shall be furnished to participants and beneficiaries as provided in section 104(b).''. (4) Section 102(b) of such Act (29 U.S.C. 1022(b)) is amended by striking ``and summary plan description'' and inserting ``report''. (5) Section 103(a)(3)(A) of such Act (29 U.S.C. 1023 (a)(3)(A)) is amended in the second sentence by striking ``104(b)(3)'' and inserting ``104(b)(1) (A) and (C)''. (6) Section 104(a)(1)(C) of such Act (29 U.S.C. 1024(a)(1)(C)) is amended to read as follows: ``(C) a copy of the materials required to be furnished to participants and beneficiaries pursuant to subsection (b)(1) of this section; and''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 1998.
Pension Beneficiary Rights Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to permit alternative dispute resolution of pension benefit claims, through arbitration, upon the request of an employee pension benefit plan participant or beneficiary. Entitles participants and beneficiaries, under specified conditions, to: (1) pre-judgment interest on unpaid benefits; (2) attorney's fees and costs of action; and (3) punitive damages for willful misconduct by the plan administrator or any other fiduciary of a pension plan. Requires annual reports to participants and beneficiaries to be in understandable language.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in Women's Health Act of 2017''. SEC. 2. PURPOSE. It is the purpose of this Act to provide women with increased access to preventive and life-saving cancer screening, including clinical breast exams and cervical, ovarian, uterine, vaginal, and vulvar cancer screening, provided by leading women's health care providers who-- (1) serve populations most at risk; and (2) play an outsized role in the prevention and detection of cancer in order to serve the goal of reducing health care disparities among low-income women and women of color, decrease health care spending, and expand health literacy, access, and education about the benefits of regular preventive cancer screening for women. SEC. 3. FINDINGS. Congress finds as follows: (1) Breast cancer is the leading cause of cancer death in women under the age of 54, and the American Cancer Society recommends that women in their 20s and 30s have a clinical breast exam at least every 3 years. (2) Ovarian cancer causes more deaths than any other cancer of the female reproductive system, but it accounts for only about 3 percent of all cancers in women. (3) The cancers that most frequently impact women include breast, uterine, ovarian, and cervical cancer, and there were 314,257 new cases of these cancers in 2013. (4) Rates of incidence and death for gynecologic cancers by race and ethnicity show that, while for some cancers, like ovarian cancer, the rates of incidence and death are similar among all races, for other cancers, like cervical cancer, women of color have a disproportionate rate of incidence. While the incidence of uterine cancer is higher for White women than for women of color, rates of death for uterine cancer are 2 times higher for Black women than for White women. (5) Prevention and cancer screening are the best approaches to protecting women from cancer and ensuring early detection and life-saving treatment. Many deaths from breast and cervical cancers could be avoided if cancer screening rates increased among women at risk. Deaths from these cancers occur disproportionately among women who are uninsured or underinsured. (6) Due to enhanced screening, cervical cancer, which used to be the leading cause of cancer death for women in the United States, is now a much more preventable and treatable cancer. (7) Increased access to education, information, and preventive cancer screening increase women's ability to survive cancer. (8) Women's health care providers that are primarily engaged in family planning services, such as Planned Parenthood health centers, provide necessary screening tests, education, and information to women, especially women of color who face the highest risks of breast cancer and other gynecologic cancers. SEC. 4. STRENGTHENING ACCESS TO CANCER SCREENING FOR WOMEN. (a) In General.--Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317P the following: ``SEC. 317P-1. GRANTS FOR WOMEN'S HEALTH CARE PROVIDERS. ``(a) In General.--The Secretary is authorized to make grants and to enter into contracts with public or nonprofit private entities to expand preventive health services, as provided for in the Preventive Services Guidelines of the Health Resources and Service Administration that were in effect on January 1, 2017, with an emphasis on increasing access to critical, life-saving cancer screening, Pap tests, human papillomavirus vaccination, and diagnostic tests for women with cancer symptoms, particularly women of color. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $200,000,000 for each of fiscal years 2017 through 2020.''. (b) Funding.--There is authorized to be appropriated to carry out programs related to breast and gynecologic cancers under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and title X of the Public Health Service Act (42 U.S.C. 300 et seq.), and the National Breast and Cervical Cancer Early Detection Program, such sums as may be necessary for each of fiscal years 2017 through 2020. SEC. 5. EXPAND CANCER SCREENING PROVIDER TRAINING. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 4, is further amended by inserting after section 317P-1 the following: ``SEC. 317P-2. WOMEN'S HEALTH CARE PROVIDERS DEMONSTRATION TRAINING PROJECT. ``(a) Establishment of Program.--The Secretary shall establish a demonstration program (referred to in this section as the `program') to award 3-year grants to eligible entities for the training of physicians, nurse practitioners, and other health care providers related to life-saving breast and gynecologic cancer screening for women. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to -- ``(1) provide to licensed physicians, nurse practitioners, and other health care providers, through clinical training, education, and practice, the most up-to-date clinical guidelines and research adopted by the National Academies of Sciences, Engineering, and Medicine in the area of preventive cancer screening for breast and gynecologic cancers; ``(2) establish a model of training for physicians, nurse practitioners, and other health care providers that specializes in women's health care, with a specific focus on breast and gynceologic cancer screening, that may be replicated nationwide; and ``(3) train physicians, nurse practitioners, and other health care providers to serve rural communities, low-income communities, and communities of color in breast and gynecologic cancer screening. ``(c) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) an entity that receives funding under section 1001; ``(2) an essential community provider primarily engaged in family planning, as defined in section 156.235 of title 45, Code of Federal Regulations (or any successor regulations); ``(3) an entity that furnishes items or services to individuals who are eligible for medical assistance under title XIX of the Social Security Act; or ``(4) an entity that, at the time of application, provides cancer screening services under the National Breast and Cervical Cancer Early Detection Program of the Centers for Disease Control and Prevention.''. SEC. 6. STUDY AND REPORT TO CONGRESS ON INCREASED CANCER SCREENING FOR WOMEN. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall conduct a study (and periodically update such study) on increased access to women's preventive life-saving cancer screening across the United States, and, not later than January 1, 2025, and every 5 years thereafter, the Secretary shall submit a report to Congress on such study. (b) Contents.--The study and reports under subsection (a) shall include: (1) A 50-State analysis of breast and gynecologic cancer rates among women, including by geographic area, income, race, and status of insurance coverage. (2) A 50-State analysis of cancer screening provided by women's health care providers, including clinical breast exams, other screening for breast cancer, and screening for cervical cancer, ovarian cancer, and other gynecologic cancers. (3) In consultation with the Comptroller General of the United States, estimated Federal savings achieved through early detection of breast and gynecologic cancer. (4) Analysis of how access to health care providers trained under the program described in section 317P-2 of the Public Health Service Act, as added by section 5, in comparison to other health care providers, increased early detection of cancer for women. (5) Recommendations by the Secretary with respect to the need for continued increased access to women's health care providers, such as the entities described in section 317P-2(c) of the Public Health Service Act, as added by section 4, who provide preventive care, including life-saving cancer screening.
Invest in Women's Health Act of 2017 This bill amends the Public Health Service Act to authorize the Department of Health and Human Services (HHS) to provide support to public or nonprofit entities to expand certain preventive health services, with an emphasis on increasing access to cancer screening, particularly for women of color. The bill reauthorizes through FY2020: (1) programs related to breast and gynecologic cancers under Medicaid and family planning programs, and (2) the Centers for Disease Control and Prevention's National Breast and Cervical Cancer Early Detection Program. HHS must establish a demonstration grant program to train health care providers regarding breast and gynecologic cancer screening. HHS must study and report on access to women's preventive cancer screening, including cancer rates by state, cancer screening by state, and estimated federal savings achieved through early detection of breast and gynecologic cancer.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Practices in Automotive Products Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage the production in the United States by American workers of automotive products which are sold or distributed in interstate commerce. SEC. 3. DEFINITIONS. (a) In General.--As used in this Act: (1) The term ``automotive products'' means motor vehicles and parts for use in the production of new motor vehicles. (2) The term ``added domestic value'', when used with respect to a vehicle manufacturer for any model year, means the aggregate of-- (A) the production costs of all automotive products sold by the vehicle manufacturer in the United States, other than for export, during that model year, and (B) the export value of all automotive products that were either-- (i) manufactured by the vehicle manufacturer in the United States and exported from the United States by, or on behalf of, such manufacturer during that model year, or (ii) manufactured in the United States by any other person and purchased by the vehicle manufacturer and exported from the United States by, or on behalf of, such manufacturer during that model year, but only to the extent that the export value of such automotive products is not included in automotive products to which clause (i) applies; reduced by the aggregate appraised value, as determined for purposes of the customs laws, of all automotive products that were entered by, or on behalf of, the vehicle manufacturer during that model year. (3) The term ``domestic content ratio'' means, with respect to a vehicle manufacturer for any model year, the percentage determined by multiplying by one hundred the factor obtained by dividing-- (A) the added domestic value determined for that manufacturer for that model year under paragraph (2); by (B) the production costs determined, for purposes of paragraph (2)(A), for that manufacturer for that model year. (4) The term ``entered'' means entered, or withdrawn from warehouse for consumption, within the customs territory of the United States. (5) The term ``export value'' means, with respect to an automotive product-- (A) the free-on-board price for which the vehicle manufacturer sells the product for exportation from the United States; or (B) if the vehicle manufacturer sells the product for such exportation to a buyer that controls, is controlled by, or is under common control with, such manufacturer, the price at which such or similar products are freely offered for free-on-board sale to all purchasers in the principal markets of the United States in the usual wholesale quantities and in the ordinary course of trade for such exportation. (6) The term ``model year'' means a vehicle manufacturer's annual production period (as determined by the Secretary) which includes January 1 of a calendar year, or if a vehicle manufacturer does not have an annual production period, the calendar year. A model year shall be designated by the year in which January 1 occurs. (7) The term ``motor vehicle'' means any three-wheeled or four-wheeled vehicle propelled by fuel which is manufactured primarily for use on the public streets, roads, and highways (except any vehicle operated exclusively on a rail or rails), and which is rated as ten thousand pounds gross vehicle weight or less. Such term does not include (A) any motorcycle, or (B) any vehicle determined by the Secretary to be an automobile capable of off-highway operation within the meaning of section 501(3) of the Motor Vehicle Information and Cost Savings Act. (8) The term ``production cost'' means, with respect to an automotive product, the wholesale price to dealers in the United States for that product as set forth in the vehicle manufacturer's official dealer price list that is in effect at the time the product is sold at wholesale. (9) The term ``Secretary'' means the Secretary of Transportation. (10) The term ``vehicle manufacturer'' means any person engaged in the business of producing motor vehicles for ultimate retail sale in the United States and includes as one entity all persons who control, are controlled by, or are in common control with, such person. Such term also includes any predecessor or successor of such a vehicle manufacturer. SEC. 4. DETERMINATION OF ADDED DOMESTIC VALUE. Two or more vehicle manufacturers may not include, for purposes of determining their respective added domestic values, the value of the same automotive product; but such manufacturers may, under rules prescribed under section 5(b), apportion the value of that automotive product among them. SEC. 5. DOMESTIC CONTENT RATIOS FOR MODEL YEAR 1994 AND THEREAFTER. (a) Ratios.--In order to carry out the purpose of this Act, for each model year beginning after January 1, 1993, the minimum domestic content ratio for a vehicle manufacturer shall not be less than the higher of-- (1) the domestic content ratio achieved by the vehicle manufacturer in model year 1994 reduced by 10 per centum; or (2) the applicable minimum content ratio specified in the following table: ---------------------------------------------------------------------------------------------------------------- Number of motor vehicles produced by the manufacturer and sold in the United States during each year: Minimum domestic content ratio: ---------------------------------------------------------------------------------------------------------------- Model Year 1994 Not over 100,000........................................ 0 percent. Over 100,000 but not over 900,000....................... The number, expressed as a percentage, determined by dividing the number of vehicles sold by 30,000. Over 900,000............................................ 30 percent. Model Year 1995 Not over 100,000........................................ 0 percent. Over 100,000 but not over 900,000....................... The number, expressed as a percentage, determined by dividing the number of vehicles sold by 15,000. Over 900,000............................................ 60 percent. Each Model Year After Model Year 1995 Not over 100,000........................................ 0 percent. Over 100,000 but not over 900,000....................... The number, expressed as a percentage, determined by dividing the number of vehicles sold by 10,000. Over 900,000............................................ 90 percent. ---------------------------------------------------------------------------------------------------------------- (b) Allocation of Automotive Products Among Manufacturers.--In order to carry out the purpose of this Act, the Secretary shall prescribe rules or allocating automotive products among vehicle manufacturers in appropriate cases such as where-- (1) a vehicle manufacturer sells automotive products manufactured by it in the United States to another vehicle manufacturer; (2) two or more vehicle manufacturers in joint venture produce automotive products in the United States; and (3) a vehicle manufacturer produces motor vehicles for ultimate retail sale in the United States, some of which will be sold by that manufacturer and some by another vehicle manufacturer. SEC. 6. INFORMATION AND REPORTS. (a) Vehicle Manufacturers Records and Information.--Each vehicle manufacturer that produces more than 100,000 motor vehicles for sale in the United States during any model year after model year 1993 must establish and maintain such records, and provide such information, regarding the production and sale of automotive products by it as the Secretary by rule shall require for purposes of carrying out sections 5(a) and 7. (b) Authority To Obtain Information.-- (1) Secretarial authority.--The authority granted to the Secretary under subsection (b)(1) of section 505 of the Motor Vehicle Information and Cost Saving Act (as in effect on the date of the enactment of this Act) to obtain information and data, and access thereto, that is deemed advisable by the Secretary for purposes of carrying out part V of that Act may be used by the Secretary for purposes of obtaining the information and data, and access thereto, that is necessary or appropriate to carry out sections 5(a) and 7. (2) Court authority.--The authority granted to the district courts of the United States under subsection (b)(2) of such section 505 to enforce compliance with action taken by the Secretary under subsection (b)(1) of such section may be used by such courts to enforce actions taken by the Secretary pursuant to paragraph (1) for purposes of carrying out this Act. (3) Disclosure of information and data.--The Secretary shall disclose any information and data obtained under this subsection and subsection (a) to the public only in accordance with section 552 of title 5, United States Code and any matter described in subsection (b)(4) of such section shall not be disclosed to the public, except that where such matter may be relevant to any administrative or judicial proceeding to enforce this Act. Such matter may be disclosed in such proceeding only in a manner which would not result in competitive damage or disadvantage, as determined by the Secretary or a court, because of such disclosure. (c) Annual Reports.--As soon as practicable after the close of each model year after January 1, 1993, the Secretary shall prepare and make available to the public a report setting forth the domestic content ratio achieved by each vehicle manufacturer during such model year. SEC. 7. ENFORCEMENT. (a) Penalty for Failure To Meet Domestic Content Ratios.-- (1) In general.--In furtherance of the purpose of this Act, it is unlawful for a vehicle manufacturer to fail to meet for any model year the applicable minimum domestic content ratio required under section 5(a). (2) Order of secretary.--If the Secretary finds, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, that a vehicle manufacturer has violated paragraph (1), the Secretary shall issue an order prohibiting the vehicle manufacturer from entering, or having entered on its behalf, during the 12-month period beginning on the date on which the finding becomes final-- (A) a quantity of motor vehicles that exceeds the total quantity of motor vehicles that was entered by, or on behalf of, that manufacturer during the model year in which such violation occurred reduced by the number of motor vehicles that bears to such total quantity the same percentage by which the vehicle manufacturer failed to meet the domestic content ratio for that model year; and (B) parts for motor vehicles in an aggregate value (as appraised for purposes of the customs laws) that exceed the total aggregate appraised value of parts for motor vehicles that were entered by, or on behalf of, that manufacturer during the model year in which such violation occurred reduced by parts of an aggregate value that bear to such total aggregate value the same percentage by which the vehicle manufacturer failed to meet the domestic content ratio for that model year. (3) Order content.--An order issued pursuant to paragraph (2) shall specify the total number of motor vehicles and the aggregate appraised value of parts for motor vehicles that may be entered during the applicable 12-month period by, or on behalf of, the vehicle manufacturer. (4) Judicial review.--Any person against whom an order is issued under paragraph (2) may, within 60 calendar days after the date of the order, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5, United States Code. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the Secretary or the court may remand the proceeding to the Secretary for such further action as the court may direct. (b) Other Violations.-- (1) In general.--Any person who knowingly violates any provision of this Act (other than failure to meet the applicable domestic content ratio for any model year) or any rule or regulation issued under this Act shall be liable, after notice and opportunity for a hearing, to the United States for a civil penalty of not more than $10,000. Each day of a continuing violation under this subsection shall constitute a separate offense. (2) Procedures.-- (A) Notice.--Before issuing an order assessing a civil penalty against any person for violation of paragraph (1), the Secretary shall provide to such person written notice of the proposed penalty. (B) Assessment.--The Secretary shall promptly assess such penalty, by order, after the date of the receipt of the notice under subparagraph (A) of the proposed penalty. (C) Action for nonpayment.--If the penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (B), the Secretary shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment. (D) Recovery action.--If any person fails to pay an assessment of a civil penalty after the appropriate district court has entered final judgment in favor of the Secretary under subparagraph (C), the Secretary shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. (3) Compromise, etc.--The Secretary may compromise, modify, or remit, with or without conditions, any penalty that is subject to imposition or that has been imposed under this subsection. SEC. 8. STUDY OF DISCRIMINATORY PRACTICES AFFECTING DOMESTIC PRODUCTION OF MOTOR VEHICLE PARTS. Within one year after the date of the enactment of this Act, the Secretary and the Federal Trade Commission shall jointly undertake an investigation, and submit to Congress a written report, regarding those policies and practices of vehicle manufacturers that are used to persuade United States motor vehicle dealers, in choosing replacement parts for motor vehicles, to favor foreign-made parts rather than domestically produced parts. Such report shall include recommended administrative or legislative action that the Secretary and the Federal Trade Commission consider appropriate to assure that domestic producers of replacement parts are accorded fair access to the United States market for such parts.
Fair Practices in Automotive Products Act - Sets forth automotive minimum domestic content ratios for model years beginning with 1993. Directs the Secretary of Transportation (Secretary) to set rules for allocating automotive products among manufacturers. Requires specified manufacturers beginning with the 1994 model year to maintain automotive product records. Directs the Secretary to make domestic content information available to the public beginning with the 1994 model year. Makes it unlawful for a manufacturer to fail to meet applicable domestic content requirements. Sets forth administrative and civil measures for such failure and for related violations. Directs the Secretary and the Federal Trade Commission jointly to study and report to the Congress on discriminatory practices which motor vehicle manufacturers use to persuade dealers to favor foreign-made automotive parts over domestically-produced parts.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Biometric Technology Utilization Act''. SEC. 2. USE OF BIOMETRIC TECHNOLOGY. Section 44903(h) of title 49, United States Code, is amended-- (1) in paragraph (4)(E) by striking ``may provide for'' and inserting ``shall issue, not later than 4 months after the date of enactment of the Aviation Biometric Technology Utilization Act, guidance for''; and (2) by adding at the end the following: ``(5) Use of biometric technology in airport access control systems.--In issuing guidance under paragraph (4)(E), the Under Secretary, in consultation with representatives of the aviation industry, shall establish at a minimum-- ``(A) comprehensive technical and operational system requirements and performance standards for the use of biometrics in airport access control systems (including airport perimeter access control systems) to ensure that the biometric systems are effective, reliable, and secure; ``(B) procedures for implementing biometric systems-- ``(i) to ensure that individuals do not use an assumed identity to enroll in a biometric system; and ``(ii) to resolve failures to enroll, false matches, and false non-matches; and ``(C) best practices for incorporating biometric technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports. ``(6) Use of biometric technology for law enforcement officer travel.-- ``(A) In general.--Not later than December 31, 2004, the Under Secretary shall-- ``(i) establish a law enforcement officer travel credential that incorporates biometrics and is uniform across all Federal, State, and local government law enforcement agencies; ``(ii) establish a process by which the travel credential will be used to verify the identity of a Federal, State, or local government law enforcement officer seeking to carry a weapon on board an aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer; ``(iii) establish procedures-- ``(I) to ensure that only Federal, State, and local government law enforcement officers are issued the travel credential; ``(II) to resolve failures to enroll, false matches, and false non- matches relating to use of the travel credential; and ``(III) to invalidate any travel credential that is lost, stolen, or no longer authorized for use; ``(iv) begin issuance of the travel credential to each Federal, State, and local government law enforcement officer authorized by the Under Secretary to carry a weapon on board an aircraft; and ``(v) take such other actions with respect to the travel credential as the Secretary considers appropriate. ``(B) Funding.--There is authorized to be appropriated such sums as may be necessary to carry out this paragraph. ``(7) Definitions.--In this subsection, the following definitions apply: ``(A) Biometric information.--The term `biometric information' means the distinct physical or behavioral characteristics that are used for identification, or verification of the identity, of an individual. ``(B) Biometrics.--The term `biometrics' means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information. ``(C) Failure to enroll.--The term `failure to enroll' means the inability of an individual to enroll in a biometric system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent biometric information, or other factors. ``(D) False match.--The term `false match' means the incorrect matching of one individual's biometric information to another individual's biometric information by a biometric system. ``(E) False non-match.--The term `false non-match' means the rejection of a valid identity by a biometric system. ``(F) Secure area of an airport.--The term `secure area of an airport' means the sterile area and the Secure Identification Display Area of an airport, as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations.''. SEC. 3. FUNDING FOR USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS CONTROL SYSTEMS. (a) Grant Authority.--Section 44923(a)(4) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) for projects to implement biometric technologies in accordance with guidance issued under section 44903(h)(4)(E); and''. (b) Authorization of Appropriations.--Section 44923(i)(1) of such title is amended by striking ``$250,000,000 for each of fiscal years 2004 through 2007'' and inserting ``$250,000,000 for fiscal year 2004, $345,000,000 for fiscal year 2005, and $250,000,000 for each of fiscal years 2006 and 2007''.
Aviation Biometric Technology Utilization Act - Amends Federal transportation law to change from discretionary to mandatory the authority of the Under Secretary for Border and Transportation Security of the Department of Homeland Security (DHS) to issue guidance for the use of biometrics or other technology that positively verifies the identity of each airport employee and law enforcement officer who enters a secure area of an airport. Prescribes minimum requirements for such guidance. Directs the Under Secretary to establish: (1) a law enforcement officer travel credential that incorporates biometrics and is uniform across all Federal, State, and local government law enforcement agencies; (2) a process by which the travel credential will be used to verify the identity of a Federal, State, or local government law enforcement officer seeking to carry a weapon on board an aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer; and (3) related procedures. Requires the Under Secretary to begin issuance of the travel credential to each Federal, State, and local government law enforcement officer authorized to carry a weapon on board an aircraft.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Project Exile Safe Streets and Neighborhoods Act of 2001''. SEC. 2. FIREARMS SENTENCING INCENTIVE GRANTS. (a) Program Established.--Title II of the Violent Crime Control and Law Enforcement Act of 1994 is amended-- (1) by redesignating subtitle D as subtitle E; and (2) by inserting after subtitle C the following new subtitle: ``Subtitle D--Firearms Sentencing Incentive Grants ``SEC. 20351. DEFINITIONS. ``For purposes of this subtitle: ``(1) The term `violent crime' means murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault, or a crime in a reasonably comparable class of serious violent crimes as approved by the Attorney General. ``(2) The term `serious drug trafficking crime' means an offense under State law for the manufacture or distribution of a controlled substance, for which State law authorizes to be imposed a sentence to a term of imprisonment of 10 years or more. ``(3) The term `part 1 violent crime' means murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports. ``(4) The term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. ``SEC. 20352. AUTHORIZATION OF GRANTS. ``(a) In General.--From amounts made available to carry out this subtitle, the Attorney General shall provide Firearms Sentencing Incentive grants under section 20353 to eligible States. ``(b) Allowable Uses.--Such grants may be used by a State only for the following purposes: ``(1) To support-- ``(A) law enforcement agencies; ``(B) prosecutors; ``(C) courts; ``(D) probation officers; ``(E) correctional officers; ``(F) the juvenile justice system; ``(G) the expansion, improvement, and coordination of criminal history records; or ``(H) case management programs involving the sharing of information about serious offenders. ``(2) To carry out a public awareness and community support program described in section 20353(a)(2). ``(3) To build or expand correctional facilities. ``(c) Subgrants.--A State may use such grants directly or by making subgrants to units of local government within that State. ``SEC. 20353. FIREARMS SENTENCING INCENTIVE GRANTS. ``(a) Eligibility.--Except as provided in subsection (b), to be eligible to receive a grant award under this section, a State shall submit an application to the Attorney General that complies with the following: ``(1) The application shall demonstrate that such State has implemented firearms sentencing laws requiring 1 or more of the following: ``(A) Any person who, during and in relation to any violent crime or serious drug trafficking crime, uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence or serious drug trafficking crime, be sentenced to a term of imprisonment of not less than 5 years (without the possibility of parole during that term). ``(B) Any person who, having at least 1 prior conviction for a violent crime, possesses a firearm, shall, for such possession, be sentenced to a term of imprisonment of not less than 5 years (without the possibility of parole during that term). ``(2) The application shall demonstrate that such State has implemented, or will implement not later than 6 months after receiving a grant under this subtitle, a public awareness and community support program that seeks to build support for, and warns potential violators of, the firearms sentencing laws implemented under paragraph (1). ``(3) The application shall provide assurances that such State-- ``(A) will coordinate with Federal prosecutors and Federal law enforcement agencies whose jurisdictions include such State, so as to promote Federal involvement and cooperation in the enforcement of laws within that State; and ``(B) will allocate its resources in a manner calculated to reduce crime in the high-crime areas of the State. ``(b) Alternate Eligibility Requirement.-- ``(1) In general.--A State that is unable to demonstrate in its application that such State meets the requirement of subsection (a)(1) shall be eligible to receive a grant award under this section notwithstanding that inability if that State, in such application, provides assurances that such State has in effect an equivalent Federal prosecution agreement. ``(2) Equivalent federal prosecution agreement.--For purposes of paragraph (1), an equivalent Federal prosecution agreement is an agreement with appropriate Federal authorities that ensures 1 or more of the following: ``(A) If a person engages in the conduct specified in subsection (a)(1)(A), but the conviction of that person under State law for that conduct is not certain to result in the imposition of an additional sentence as specified in that subsection, that person is referred for prosecution for such conduct under Federal law. ``(B) If a person engages in the conduct specified in subsection (a)(1)(B), but the conviction of that person under State law for that conduct is not certain to result in the imposition of a sentence as specified in that subsection, that person is referred for prosecution for such conduct under Federal law. ``SEC. 20354. FORMULA FOR GRANTS. ``(a) In General.--The amount available for grants under section 20353 for any fiscal year shall be allocated to each eligible State, in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, bears to the average annual number of part 1 violent crimes reported by all eligible States to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made. ``(b) Unavailable Data.--If data regarding part 1 violent crimes in any State is substantially inaccurate or is unavailable for the 3 years preceding the year in which the determination is made, the Attorney General shall utilize the best available comparable data regarding the number of violent crimes for the previous year for the State for the purposes of allocation of funds under this subtitle. ``SEC. 20355. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorizations.--There are authorized to be appropriated to carry out this subtitle-- ``(1) $10,000,000 for fiscal year 2001; ``(2) $15,000,000 for fiscal year 2002; ``(3) $20,000,000 for fiscal year 2003; ``(4) $25,000,000 for fiscal year 2004; and ``(5) $30,000,000 for fiscal year 2005. ``(b) Limitations on Funds.-- ``(1) Uses of funds.--Funds made available pursuant to this subtitle shall be used only to carry out the purposes described in section 20352(b). ``(2) Nonsupplanting requirement.--Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources. ``(3) Administrative costs.--Not more than 3 percent of the funds made available pursuant to this section shall be available to the Attorney General for purposes of administration, research and evaluation, technical assistance, and data collection. ``(4) Carryover of appropriations.--Funds appropriated pursuant to this section during any fiscal year shall remain available until expended. ``(5) Matching funds.--The Federal share of a grant received under this subtitle may not exceed 90 percent of the costs of a proposal as described in an application approved under this subtitle. ``SEC. 20356. REPORT BY THE ATTORNEY GENERAL. ``Beginning on October 1, 2001, and each subsequent July 1 thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the implementation of this subtitle. The report shall include information regarding the eligibility of States under section 20353 and the distribution and use of funds under this subtitle.''. (b) Clerical Amendment.--The table of contents in section 2 of that Act is amended-- (1) by redesignating the item relating to subtitle D of title II as subtitle E of such title; and (2) by inserting after subtitle C of such title the following: ``Subtitle D--Firearms Sentencing Incentive Grants ``Sec. 20351. Definitions. ``Sec. 20352. Authorization of grants. ``Sec. 20353. Firearms sentencing incentive grants. ``Sec. 20354. Formula for grants. ``Sec. 20355. Authorization of appropriations. ``Sec. 20356. Report by the Attorney General.''.
Project Exile Safe Streets and Neighborhoods Act of 2001 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct the Attorney General to provide firearms sentencing incentive grants to eligible States that: (1) demonstrate that they have implemented laws requiring that any person who uses or carries a firearm in any violent crime or serious drug trafficking crime be sentenced to not less than five years in prison (without the possibility of parole) in addition to the punishment provided for such crime, or requiring that any person who possesses a firearm, having at least one prior conviction for a violent crime, be sentenced to five years' imprisonment (without the possibility of parole); or (2) can demonstrate that they have in effect an equivalent Federal prosecution agreement; and (3) demonstrate that they have or will implement a public awareness and community support program that seeks to build support for, and warns potential violators of, such firearms sentencing laws; and (4) provide assurances that they will coordinate with Federal prosecutors and Federal law enforcement agencies and will allocate resources to reduce crime in high-crime areas.Sets forth allowable uses for such grants, including to: (1) support law enforcement agencies, prosecutors, courts, probation officers, correctional officers, the juvenile justice system, the improvement of criminal history records, or case management programs involving the sharing of information about serious offenders; (2) carry out such a public awareness and community support program; and (3) build or expand correctional facilities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Price Gouging Prevention Act''. SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE AND OTHER PETROLEUM DISTILLATES DURING EMERGENCIES. (a) Unconscionable Pricing.-- (1) In general.--It shall be unlawful for any person to sell, at wholesale or at retail in an area and during a period of an international crisis affecting the oil markets proclaimed under paragraph (2), gasoline or any other petroleum distillate covered by a proclamation issued under paragraph (2) at a price that-- (A) is unconscionably excessive; and (B) indicates the seller is taking unfair advantage of the circumstances related to an international crisis to increase prices unreasonably. (2) Energy emergency proclamation.-- (A) In general.--The President may issue a proclamation of an international crisis affecting the oil markets and may designate any area within the jurisdiction of the United States, where the prohibition in paragraph (1) shall apply. The proclamation shall state the geographic area covered, the gasoline or other petroleum distillate covered, and the time period that such proclamation shall be in effect. (B) Duration.--The proclamation-- (i) may not apply for a period of more than 30 consecutive days, but may be renewed for such consecutive periods, each not to exceed 30 days, as the President determines appropriate; and (ii) may include a period of time not to exceed 1 week preceding a reasonably foreseeable emergency. (3) Factors considered.--In determining whether a person has violated paragraph (1), there shall be taken into account, among other factors-- (A) whether the amount charged by such person for the applicable gasoline or other petroleum distillate at a particular location in an area covered by a proclamation issued under paragraph (2) during the period such proclamation is in effect-- (i) grossly exceeds the average price at which the applicable gasoline or other petroleum distillate was offered for sale by that person during the 30 days prior to such proclamation; (ii) grossly exceeds the price at which the same or similar gasoline or other petroleum distillate was readily obtainable in the same area from other competing sellers during the same period; (iii) reasonably reflected additional costs, not within the control of that person, that were paid, incurred, or reasonably anticipated by that person, or reflected additional risks taken by that person to produce, distribute, obtain, or sell such product under the circumstances; and (iv) was substantially attributable to local, regional, national, or international market conditions; and (B) whether the quantity of gasoline or other petroleum distillate the person produced, distributed, or sold in an area covered by a proclamation issued under paragraph (2) during a 30-day period following the issuance of such proclamation increased over the quantity that that person produced, distributed, or sold during the 30 days prior to such proclamation, taking into account usual seasonal demand variations. (b) Definitions.--As used in this section-- (1) the term ``wholesale'', with respect to sales of gasoline or other petroleum distillates, means either truckload or smaller sales of gasoline or petroleum distillates where title transfers at a product terminal or a refinery, and dealer tank wagon sales of gasoline or petroleum distillates priced on a delivered basis to retail outlets; and (2) the term ``retail'', with respect to sales of gasoline or other petroleum distillates, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Enforcement by FTC.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. In enforcing section 2 of this Act, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. (b) Civil Penalties.-- (1) In general.--Notwithstanding the penalties set forth under the Federal Trade Commission Act, any person who violates section 2 with actual knowledge or knowledge fairly implied on the basis of objective circumstances shall be subject to-- (A) a civil penalty of not more than 3 times the amount of profits gained by such person through such violation; or (B) a civil penalty of not more than $100,000,000. (2) Method.--The penalties provided by paragraph (1) shall be obtained in the same manner as civil penalties obtained under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the court shall take into consideration, among other factors, the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. SEC. 4. CRIMINAL PENALTIES. (a) In General.--In addition to any penalty applicable under section 3, any person who violates section 2 shall be fined under title 18, United States Code, in an amount not to exceed $500,000,000. (b) Enforcement.--The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. The Attorney General shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2 of this Act, or to impose the civil penalties authorized by section 3(b)(1)(B), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act or a regulation under this Act, involving a retail sale. (b) Notice.--The State shall serve written notice to the Federal Trade Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority To Intervene.--Upon receiving the notice required by subsection (b), the Federal Trade Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which-- (A) the defendant operates; (B) the defendant was authorized to do business; or (C) the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State Action While Federal Action Is Pending.--If the Federal Trade Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the other agency for any violation of this Act alleged in the complaint. (g) Enforcement of State Law.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. SEC. 6. EFFECT ON OTHER LAWS. (a) Other Authority of Federal Trade Commission.--Nothing in this Act shall be construed to limit or affect in any way the Federal Trade Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--Nothing in this Act preempts any State law.
Federal Price Gouging Prevention Act - Makes it unlawful for any person, during a proclaimed international crisis affecting the oil market, to sell gasoline or any other petroleum distillate at a price that: (1) is unconscionably excessive; and (2) indicates the seller is taking unfair advantage of the circumstances of the crisis to increase prices unreasonably. Authorizes the President to issue such a proclamation citing the geographic area, gasoline or other petroleum distillate, and time period (not to exceed 30 consecutive days) covered. Permits such a proclamation to be renewed as the President determines appropriate and to include a period of up to one week preceding a reasonably foreseeable emergency. Sets forth factors to be considered in determining if a violation of this Act has occurred. Requires the Federal Trade Commission (FTC) to enforce a violation of this Act as an unfair or deceptive act or practice and to give priority to enforcement actions concerning companies with U.S. sales over $10 billion per year. Prescribes civil and criminal penalties for violations, but limits the criminal penalty to criminal actions brought by the Department of Justice (DOJ). Authorizes a state to bring a civil action to enforce this Act. Declares that nothing in this Act preempts any state law.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Hearing Detection and Intervention Act of 2006''. SEC. 2. EARLY DETECTION, DIAGNOSIS, AND TREATMENT OF HEARING LOSS. Section 399M of the Public Health Service Act (42 U.S.C. 280g-1) is amended-- (1) in the section heading, by striking ``infants'' and inserting ``newborns, infants, and young children''; (2) in subsection (a)-- (A) in the heading, by striking ``Newborn and Infant'' and inserting ``Newborn, Infant, and Young Child''; (B) in the matter preceding paragraph (1), by striking ``newborn and infant hearing screening, evaluation and intervention programs and systems'' and inserting ``newborn, infant, and young child hearing screening, evaluation, diagnosis, and intervention programs and systems, and to assist in the recruitment, retention, education, and training of qualified personnel and health care providers,''; and (C) by amending paragraph (1) to read as follows: ``(1) To develop and monitor the efficacy of statewide programs and systems for hearing screening of newborns, infants, and young children; prompt evaluation and diagnosis of children referred from screening programs; and appropriate educational, audiological, and medical interventions for children identified with hearing loss. Early intervention includes referral to and delivery of information and services by schools and agencies, including community, consumer, and parent-based agencies and organizations and other programs mandated by part C of the Individuals with Disabilities Education Act, which offer programs specifically designed to meet the unique language and communication needs of deaf and hard of hearing newborns, infants, and young children. Programs and systems under this paragraph shall establish and foster family-to-family support mechanisms that are critical in the first months after a child is identified with hearing loss.''; (D) in paragraph (2), by striking ``newborn and infant'' and inserting ``newborn, infant, and young child''; and (E) by adding at the end the following: ``(3) To develop efficient models to ensure that newborns, infants, and young children who are identified with a hearing loss through screening are not lost to follow-up by a qualified health care provider. These models shall be evaluated for their effectiveness, and State agencies shall be encouraged to adopt models that effectively reduce loss to follow-up. ``(4) To ensure an adequate supply of qualified personnel to meet the screening, evaluation, and early intervention needs of children.''; (3) in subsection (b)-- (A) in paragraph (1)-- (i) by striking the term ``newborn and infant'' each place such term appears and inserting ``newborn, infant, and young child''; and (ii) in subparagraph (A), by striking ``hearing loss screening, evaluation, and intervention programs'' and inserting ``hearing loss screening, evaluation, diagnosis, and intervention programs''; (B) in paragraph (2)-- (i) by striking ``for purposes of this section, continue'' and insert the following: ``for purposes of this section-- ``(A) continue''; (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(B) establish a postdoctoral fellowship program to foster research and development in the area of early hearing detection and intervention.''; (4) in paragraphs (2) and (3) of subsection (c), by striking the term ``newborn and infant hearing screening, evaluation and intervention programs'' each place such term appears and inserting ``newborn, infant, and young child hearing screening, evaluation, diagnosis, and intervention programs''; and (5) in subsection (e)-- (A) in paragraph (3), by striking ``ensuring that families of the child'' and all that follows and inserting ``ensuring that families of the child are provided comprehensive, consumer-oriented information about the full range of family support, training, information services, and language and communication options and are given the opportunity to consider and obtain the full range of early intervention services, educational and program placements, and other options for their child from highly qualified providers.''; and (B) in paragraph (6)-- (i) by striking ``newborn and infant'' and inserting ``newborn, infant, and young child''; (ii) by striking ``newborns and infants'' and inserting ``newborns, infants, and young children''; and (iii) by striking ``, after rescreening,''; and (6) in subsection (f)-- (A) in paragraph (1)-- (i) in the heading, by striking ``Newborn and Infant'' and inserting ``Newborn, Infant, and Young Child''; and (ii) by striking ``fiscal year 2002'' and inserting ``fiscal years 2007 through 2012''; (B) in paragraph (2), by striking ``fiscal year 2002'' and inserting ``fiscal years 2007 through 2012''; and (C) in paragraph (3), by striking ``fiscal year 2002'' and inserting ``fiscal years 2007 through 2012''.
Early Hearing Detection and Intervention Act of 2006 - Amends the Public Health Service Act to expand the newborns and infants hearing loss program to: (1) provide services for young children (currently, limited to infants and newborns); and (2) include diagnostic services among services provided. Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to assist in the recruitment, retention, education, and training of qualified personnel and health care providers. Includes within the purposes of such program: (1) developing efficient models to ensure that newborns, infants, and young children who are identified with a hearing loss through screening are not lost to follow-up by a qualified health care provider; and (2) ensuring an adequate supply of qualified personnel to meet the screening, evaluation, and early intervention needs of children. Requires the Director of the National Institutes of Health (NIH), acting through the Director of the National Institute on Deafness and Other Communication Disorders, to establish a postdoctoral fellowship program to foster research and development in the area of early hearing detection and intervention. Amends the definition of "early intervention" to require that families be given the opportunity to obtain the full range of early intervention services, educational and program placements, and other options for their child from highly qualified providers.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Commission on Natural Catastrophe Risk Management and Insurance Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Establishment. Sec. 4. Membership. Sec. 5. Duties of the Commission. Sec. 6. Timing. Sec. 7. Powers of the Commission. Sec. 8. Commission personnel matters. Sec. 9. Termination. Sec. 10. Authorization of appropriations. SEC. 2. FINDINGS. The Congress finds that-- (1) catastrophic hazards, including tornadoes, earthquakes, volcanoes, landslides, tsunamis, flooding, and hurricanes, directly affect hundreds of millions of people each year; (2) during the 1990s, 2,800 natural disasters killed more than 500,000 people and directly affected 1,300,000,000 people worldwide; (3) property damage from natural catastrophes has dramatically increased in recent decades, roughly doubling every seven years--a 14-fold increase over the past 40 years; (4) risk costs have particularly soared in coastal areas, where hurricane frequency and severity has significantly increased, along with home values and building costs; (5) increased risk costs are being reflected in increased catastrophe insurance and reinsurance costs; (6) an inefficient legal and regulatory environment in some States has further exacerbated insurance cost increases, including through ineffective price controls, restrictions on capital movement, sub-optimal solvency regulation, and duplicative or unnecessary regulation; (7) consumers further suffer from temporary rate and availability volatility after major catastrophes while the marketplace adjusts to the losses; (8) government catastrophe mitigation requirements have been sub-optimal, sometimes ineffective, and uncoordinated; (9) some State efforts to reduce insurance prices in catastrophe-prone areas have sometimes reduced long-term availability and competitive affordability of coverage, as well as subsidized excessive development in environmentally sensitive areas at the expense of taxpayers; (9) several proposals have been introduced in the Congress to address the affordability of natural catastrophe insurance, but there is little consensus on the appropriate role of the Federal Government in facilitating the private insurance marketplace while avoiding cross-subsidies; and (10) therefore, an efficient and effective approach to assessing natural catastrophe risk management and insurance is to establish a nonpartisan commission to study the management of natural catastrophe risk, and to require such commission to report to the Congress on its findings before the next hurricane season begins. SEC. 3. ESTABLISHMENT. There is established a nonpartisan Commission on Natural Catastrophe Risk Management and Insurance (in this Act referred to as the ``Commission''). SEC. 4. MEMBERSHIP. (a) Appointment.--The Commission shall be composed of 16 members, of whom-- (1) 2 members shall be appointed by the Majority Leader of the Senate; (2) 2 members shall be appointed by the Minority Leader of the Senate; (3) 2 members shall be appointed by the Speaker of the House of Representatives; (4) 2 members shall be appointed by the Minority Leader of the House of Representatives; (5) 2 members shall be appointed by the Chairman of the Committee on Banking, Housing, and Urban Affairs of the Senate; (6) 2 members shall be appointed by the Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate; (7) 2 members shall be appointed by the Chairman of the Committee on Financial Services of the House of Representatives; and (8) 2 members shall be appointed by the Ranking Member of the Committee on Financial Services of the House of Representatives. (b) Qualification of Members.-- (1) In general.--Members of the Commission shall be appointed under subsection (a) from among persons who-- (A) have expertise in insurance, reinsurance, insurance regulation, policyholder concerns, emergency management, risk management, public finance, financial markets, actuarial analysis, flood mapping and planning, structural engineering, building standards, land use planning, natural catastrophes, meteorology, seismology, environmental issues, or other pertinent qualifications or experience; and (B) are not officers or employees of the United States Government or of any State government. (2) Diversity.--In making appointments to the Commission-- (A) every effort shall be made to ensure that the members are representative of a broad cross section of perspectives within the United States; and (B) each member of Congress described in subsection (a) shall appoint not more than 1 person from any single primary area of expertise described in paragraph (1)(A) of this subsection. (c) Period of Appointment.-- (1) In general.--Each member of the Commission shall be appointed for the duration of the Commission. (2) Vacancies.--A vacancy on the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Quorum.-- (1) Majority.--A majority of the members of the Commission shall constitute a quorum, but a lesser number, as determined by the Commission, may hold hearings. (2) Approval actions.--All recommendations and reports of the Commission required by this Act shall be approved only by a two-thirds vote of all of the members of the Commission. (e) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member to serve as the Chairperson of the Commission (in this Act referred to as the ``Chairperson''). (f) Meetings.--The Commission shall meet at the call of its Chairperson or a majority of the members. SEC. 5. DUTIES OF THE COMMISSION. The Commission shall examine and report to the Congress on the natural catastrophe insurance marketplace, including the extent to which insurance costs and availability are affected by the factors described in section 2, which factors the Federal Government can and should address to increase catastrophe insurance availability and competitiveness, and which actions the Federal Government can undertake to achieve this goal without requiring a long-term cross-subsidy from the taxpayers. In developing its report, the Commission shall consider-- (1) the current condition of, as well as the outlook for, the availability and affordability of insurance and reinsurance for natural catastrophes in all regions of the United States; (2) the current ability of States, communities, and individuals to mitigate their natural catastrophe risks, including the affordability and feasibility of such activities; (3) the impact of Federal and State laws, regulations, and policies (including rate regulation, market access requirements, reinsurance regulations, accounting and tax policies, State residual markets, and State catastrophe funds) on-- (A) the affordability and availability of catastrophe insurance; (B) the ability of the private insurance market to cover losses inflicted by natural catastrophes; (C) the commercial and residential development of high-risk areas; and (D) the costs of natural catastrophes to Federal and State taxpayers; (4) the benefits and costs of-- (A) a national, regional, or other pooling mechanism designed to provide adequate insurance coverage and increased underwriting capacity to insurers and reinsurers, including private-public partnerships to increase insurance capacity in constrained markets, including proposed Federal natural catastrophe insurance programs (specifically addressing the costs to taxpayers, tax equity considerations, and the record of other government insurance programs, particularly with regard to charging actuarially sound prices); (B) improving Federal and State tax policy to allow insurers or individuals to set aside catastrophe reserves; (C) directing existing Federal agencies to begin selling catastrophe insurance to individuals; (D) creating a consortium of Federal and State officials to facilitate state catastrophe bonds and reinsurance purchasing as well as providing temporary Federal disaster loans to the States for insurance purposes; (E) expanding the Liability Risk Retention Act of 1986 to allow businesses to pool together to buy insurance and set up their own insurance funds; (F) providing temporary Federal assistance to low- income individual homeowners whose catastrophe insurance rates have increased beyond a certain level after a major disaster, with the possibility that the assistance would be repaid upon sale of the underlying home; (H) providing for limited Federal development and oversight of the sale of catastrophe insurance in high- risk areas during periods of relative unavailability; and (I) facilitating further growth of the catastrophe bond marketplace and other competitive alternatives to the traditional insurance and reinsurance marketplace; (5) the present and long-term financial condition of State residual markets and catastrophe funds in high-risk regions, including the likelihood of insolvency following a natural catastrophe, the concentration of risks within such funds, the reliance on post-event assessments and State funding, the adequacy of rates, and the degree to which such entities have been actuarially solvent in comparison to comparably sized private insurers; (6) the need for strengthened land use regulations and building codes in States at high risk for natural catastrophes, and methods to strengthen the risk assessment and enforcement of structural mitigation and vulnerability reduction measures, such as zoning and building code compliance; (7) the ability of the private insurance market in the United States-- (A) to cover insured losses caused by natural catastrophes, including an estimate of the maximum amount of insured losses that could be sustained during a single year and the probability of natural catastrophes occurring in a single year that would inflict more insured losses than the United States insurance and reinsurance markets could sustain; and (B) to recover after covering substantial insured losses caused by natural catastrophes; (8) the impact that demographic trends could have on the amount of insured losses inflicted by future natural catastrophes; (9) the appropriate role, if any, for the Federal Government in stabilizing the property and casualty insurance and reinsurance markets; and (10) the role of the Federal, State, and local governments in providing incentives for feasible risk mitigation efforts. SEC. 6. TIMING. Before the beginning of the 2008 hurricane season, which for purposes of this section shall be considered to be June 1, 2008, the Commission shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a final report containing-- (1) a detailed statement of the findings and assessments conducted by the Commission pursuant to section 5; and (2) specific and detailed recommendations for legislative, regulatory, administrative, or other actions at the Federal, State, or local levels that the Commission considers appropriate, in accordance with the requirements of section 5. SEC. 7. POWERS OF THE COMMISSION. (a) Meetings; Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out the purposes of this Act. Members may attend meetings of the Commission and vote in person, via telephone conference, or via video conference. (b) Authority of Members or Agents of the Commission.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (c) Obtaining Official Data.-- (1) Authority.--Notwithstanding any provision of section 552a of title 5, United States Code, the Commission may secure directly from any department or agency of the United States any information necessary to enable the Commission to carry out this Act. (2) Procedure.--Upon request of the Chairperson, the head of such department or agency shall furnish to the Commission the information requested. (d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, any administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Acceptance of Gifts.--The Commission may accept, hold, administer, and utilize gifts, donations, and bequests of property, both real and personal, for the purposes of aiding or facilitating the work of the Commission. The Commission shall issue internal guidelines governing the receipt of donations of services or property. (g) Volunteer Services.--Notwithstanding the provisions of section 1342 of title 31, United States Code, the Commission may accept and utilize the services of volunteers serving without compensation. The Commission may reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. (h) Federal Property and Administrative Services Act of 1949.-- Subject to the Federal Property and Administrative Services Act of 1949, the Commission may enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. (i) Limitation on Contracts.--A contract or other legal agreement entered into by the Commission may not extend beyond the date of the termination of the Commission. SEC. 8. COMMISSION PERSONNEL MATTERS. (a) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (b) Subcommittees.--The Commission may establish subcommittees and appoint members of the Commission to such subcommittees as the Commission considers appropriate. (c) Staff.--Subject to such policies as the Commission may prescribe, the Chairperson may appoint and fix the pay of such additional personnel as the Chairperson considers appropriate to carry out the duties of the Commission. The Commission shall confirm the appointment of the executive director by majority vote of all of the members of the Commission. (d) Applicability of Certain Civil Service Laws.--Staff of the Commission may be-- (1) appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and (2) paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay prescribed for GS-15 of the General Schedule under section 5332 of that title. (e) Experts and Consultants.--In carrying out its objectives, the Commission may procure temporary and intermittent services of consultants and experts under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for GS-15 of the General Schedule under section 5332 of that title. (f) Detail of Government Employees.--Upon request of the Chairperson, any Federal Government employee may be detailed to the Commission to assist in carrying out the duties of the Commission-- (1) on a reimbursable basis; and (2) such detail shall be without interruption or loss of civil service status or privilege. SEC. 9. TERMINATION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 6. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission, such sums as may be necessary to carry out this Act, to remain available until expended.
Commission on Natural Catastrophe Risk Management and Insurance Act of 2007 - Establishes the Commission on Natural Catastrophe Risk Management and Insurance to report to Congress on the natural catastrophe insurance marketplace, including: (1) the extent to which insurance costs and availability are affected by specified factors; (2) which factors the federal government should address to increase catastrophe insurance availability and competitiveness; and (3) actions the federal government can undertake to achieve this goal without requiring a long-term cross-subsidy from taxpayers. Requires the Commission to report to certain congressional committees before the beginning of the 2008 hurricane season.
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SECTION 1. ANTI-BULLYING ROUNDTABLE. (a) Establishment.--The President shall establish a commission to be known as the ``Anti-Bullying Roundtable'' (in this Act referred to as the ``Roundtable''). (b) Duties.--The duties of the Roundtable shall be to study bullying in elementary and secondary schools in the United States by consulting with State and local educational agencies regarding-- (1) current policies on bullying; (2) teacher education; (3) parent and student education; (4) instances of student violence as a result of bullying; and (5) instances of student self-harm as a result of bullying. (c) Membership.-- (1) Number and appointment.--The Roundtable shall be composed of 13 members appointed by the President according to the following procedure: (A) The President shall appoint one individual to serve as chair of the Roundtable. (B) The President shall appoint 12 individuals who are one of the following types of stakeholders to serve as members of the Roundtable: (i) Teachers. (ii) School administrators. (iii) Parents of schoolchildren. (iv) Bullied children. (v) Guidance counselors. (vi) Child psychologists. (vii) Paraprofessionals. (viii) School resource officers. (ix) Campus security officers. (x) School police officers. (xi) Other specialized instructional support personnel. (xii) Other relevant law enforcement entities. (xiii) Other interested parties. (C) Members of Congress may submit letters of recommendation to the President regarding the members to be appointed pursuant to paragraph (B). (2) Terms.-- (A) In general.--Each member shall be appointed for the duration of the existence of the Roundtable. (B) Vacancies.--A vacancy in the Roundtable shall be filled in the manner in which the original appointment was made. (3) Pay.--Members of the Roundtable shall serve without pay. (d) Time Frame for Formation.--Not later than 90 days after the date of enactment of this Act, the President shall appoint the 13 members described in subsection (c) and certify to Congress that the Roundtable has been formed. (e) Powers of Roundtable.-- (1) Hearings and sessions.--The Roundtable may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Roundtable considers appropriate. (2) Obtaining official data.--The Roundtable may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the chair of the Roundtable, the head of that department or agency shall furnish that information to the Roundtable. (3) Mails.--The Roundtable may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (4) Administrative support services.--Upon request of the Roundtable, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Roundtable to carry out its responsibilities under this Act. (f) Reports.-- (1) Best practices report.--Not later than 270 days after the date on which the President certifies to Congress that the Roundtable has been formed, the Roundtable shall submit to Congress a report on best practices concerning bullying in elementary and secondary schools in the United States that contains, among other things-- (A) recommendations for how to combat bullying; (B) recommendations for how to best educate educators, administrators, and all relevant school staff on recognizing bullying; and (C) recommendations for how parents can best address and discuss with their children the early warning signs of bullying. (2) Final report.--Not later than one year after the date on which the President certifies to Congress that the Roundtable has been formed, the Roundtable shall transmit a final report to Congress containing-- (A) a detailed statement of the findings and conclusions of the Roundtable; and (B) the recommendations of the Roundtable for legislation or administrative actions the Roundtable considers appropriate. (g) Termination.--The Roundtable shall terminate upon submission of the final report pursuant to subsection (f)(2).
This bill requires the President to establish a commission called the "Anti-Bullying Roundtable" to study bullying in elementary and secondary schools in the United States. The roundtable must submit a report about best practices concerning bullying, including recommendations for: (1) combating bullying, (2) educating school officials to recognize bullying, and (3) helping parents to address the early warning signs of bullying with their children.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Social Work Research Act''. SEC. 2. FINDINGS. Congress finds that-- (1) social workers focus on the improvement of individual and family functioning and the creation of effective health and mental health prevention and treatment interventions in order for individuals to become more productive members of society; (2) social workers provide front line prevention and treatment services in the areas of school violence, aging, teen pregnancy, child abuse, domestic violence, juvenile crime, and substance abuse, particularly in rural and underserved communities; and (3) social workers are in a unique position to provide valuable research information on these complex social concerns, taking into account a wide range of social, medical, economic and community influences from an interdisciplinary, family- centered and community-based approach. SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH. (a) In General.--Section 401(a) of the Public Health Service Act (42 U.S.C. 281(a)) is amended by adding at the end the following: ``(26) The National Center for Social Work Research.''. (b) Establishment.--Part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by adding at the end the following: ``Subpart 7--National Center for Social Work Research ``SEC. 485I. PURPOSE OF CENTER. ``The general purpose of the National Center for Social Work Research (referred to in this subpart as the `Center') is the conduct and support of, and dissemination of targeted research concerning social work methods and outcomes related to problems of significant social concern. The Center shall-- ``(1) promote research and training that is designed to inform social work practices, thus increasing the knowledge base which promotes a healthier America; and ``(2) provide policymakers with empirically-based research information to enable such policymakers to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency. ``SEC. 485J. SPECIFIC AUTHORITIES. ``(a) In General.--To carry out the purpose described in section 485I, the Director of the Center may provide research training and instruction and establish, in the Center and in other nonprofit institutions, research traineeships and fellowships in the study and investigation of the prevention of disease, health promotion, the association of socioeconomic status, gender, ethnicity, age and geographical location and health, the social work care of individuals with, and families of individuals with, acute and chronic illnesses, child abuse, neglect, and youth violence, and child and family care to address problems of significant social concern especially in underserved populations and underserved geographical areas. ``(b) Stipends and Allowances.--The Director of the Center may provide individuals receiving training and instruction or traineeships or fellowships under subsection (a) with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary. ``(c) Grants.--The Director of the Center may make grants to nonprofit institutions to provide training and instruction and traineeships and fellowships under subsection (a). ``SEC. 485K. ADVISORY COUNCIL. ``(a) Duties.-- ``(1) In general.--The Secretary shall establish an advisory council for the Center that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. ``(2) Gifts.--The advisory council for the Center may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. ``(3) Other duties and functions.--The advisory council for the Center-- ``(A)(i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; ``(ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and ``(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; ``(B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country and, with the approval of the Director of the Center, make such information available through appropriate publications; and ``(C) may appoint subcommittees and convene workshops and conferences. ``(b) Membership.-- ``(1) In general.--The advisory council shall be composed of the ex officio members described in paragraph (2) and not more than 18 individuals to be appointed by the Secretary under paragraph (3). ``(2) Ex officio members.--The ex officio members of the advisory council shall include-- ``(A) the Secretary of Health and Human Services, the Director of NIH, the Director of the Center, the Chief Social Work Officer of the Veterans' Administration, the Assistant Secretary of Defense for Health Affairs, the Associate Director of Prevention Research at the National Institute of Mental Health, the Director of the Division of Epidemiology and Services Research, the Assistant Secretary of Health and Human Services for the Administration for Children and Families, the Assistant Secretary of Education for the Office of Educational Research and Improvement, the Assistant Secretary of Housing and Urban Development for Community Planning and Development, and the Assistant Attorney General for Office of Justice Programs (or the designees of such officers); and ``(B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. ``(3) Appointed members.--The Secretary shall appoint not to exceed 18 individuals to the advisory council, of which-- ``(A) not more than two-thirds of such individual shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, and at least 7 such individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, or research; and ``(B) not more than one-third of such individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. The Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. ``(4) Compensation.--Members of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the maximum rate payable for a position at grade GS-15 of the General Schedule. ``(c) Terms.-- ``(1) In general.--The term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member's term until a successor has been appointed. ``(2) Reappointments.--A member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. ``(3) Vacancy.--If a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. ``(d) Chairperson.--The chairperson of the advisory council shall be selected by the Secretary from among the members appointed under subsection (b)(3), except that the Secretary may select the Director of the Center to be the chairperson of the advisory council. The term of office of the chairperson shall be 2 years. ``(e) Meetings.--The advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center. ``(f) Administrative Provisions.--The Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council. ``(g) Comments and Recommendations.--The advisory council may prepare, for inclusion in the biennial report under section 485L-- ``(1) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; ``(2) comments on the progress of the Center in meeting its objectives; and ``(3) recommendations with respect to the future direction and program and policy emphasis of the center. The advisory council may prepare such additional reports as it may determine appropriate. ``SEC. 485L. BIENNIAL REPORT. ``The Director of the Center, after consultation with the advisory council for the Center, shall prepare for inclusion in the biennial report under section 403, a biennial report that shall consist of a description of the activities of the Center and program policies of the Director of the Center in the fiscal years for which the report is prepared. The Director of the Center may prepare such additional reports as the Director determines appropriate. The Director of the Center shall provide the advisory council of the Center an opportunity for the submission of the written comments described in section 485K(g). ``SEC. 485M. QUARTERLY REPORT. ``The Director of the Center shall prepare and submit to Congress a quarterly report that contains a summary of findings and policy implications derived from research conducted or supported through the Center.''.
National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research as an agency of the National Institutes of Health (NIH) to conduct, support, and disseminate targeted research on social work methods and outcomes related to problems of significant social concern. Authorizes the Director of the Center to: (1) provide research training and instruction; (2) establish research traineeships and fellowships; (3) provide stipends and allowances; and (4) make grants to nonprofit institutions to provide such training, instruction, traineeships, and fellowships. Directs the Secretary of Health and Human Services to establish an advisory council for the Center.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuel Equity Act''. SEC. 2. EXPANSION OF RENEWABLE RESOURCES CREDIT. (a) In General.--Section 45(c)(1) of the Internal Revenue Code of 1986 (relating to qualified energy resources) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of the subparagraph (C) and inserting a comma, and by adding at the end the following new subparagraphs: ``(D) geothermal energy, ``(E) solar energy, ``(F) incremental hydropower, and ``(G) biomass (other than closed-loop biomass).'' (b) Extension and Modification of Placed-in-Service Rules With Respect to Biomass Facilities.-- (1) In general.--Paragraph (3) of section 45(c) of the Internal Revenue Code of 1986 (defining qualified facility) is amended-- (A) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Closed-loop biomass facility.--In the case of a facility using closed-loop biomass to produce electricity, the term `qualified facility' means any facility-- ``(i) owned by the taxpayer which is originally placed in service after December 31, 1992, and before January 1, 2007, or ``(ii) owned by the taxpayer which is originally placed in service on or before December 31, 1992, and modified to use closed- loop biomass to co-fire with coal before January 1, 2007.'', (B) by striking ``2002'' in subparagraph (C) and inserting ``2007'', and (C) by adding at the end the following new subparagraph: ``(D) Biomass facility.--In the case of a facility using biomass (other than closed-loop biomass) to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service before January 1, 2007.''. (2) Definition.--Subsection (c) of section 45 of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(5) Biomass.--The term `biomass' means any solid, nonhazardous, cellulosic waste material which is segregated from other waste materials and which is derived from-- ``(A) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, but not including old-growth timber, ``(B) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically-treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste (garbage), gas derived from the biodegradation of solid waste, or paper that is commonly recycled, or ``(C) agriculture sources, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues.''. (3) Special rules.--Subsection (d) of section 45 of such Code (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(8) Special rules with respect to biomass.--In the case of a qualified facility described in subparagraph (B)(ii) or (D) of subsection (c)(3)-- ``(A) 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, ``(B) subsection (b)(3) shall not apply to any such facility originally placed in service before January 1, 1997, and ``(C) if such a facility is leased and the operator thereof is the lessee, such lessee (and not the owner) shall be treated for purposes of this section as owning such facility.'' (c) Qualified Facility To Include Geothermal, Solar Energy, and Incremental Hydropower Facility.-- (1) In general.--Paragraph (3) of section 45(c) of such Code, as amended by subsection (b), is amended by inserting after subparagraph (D) the following new subparagraphs: ``(E) Geothermal facility.--In the case of a facility using geothermal energy to produce electricity, the term `qualified facility' means-- ``(i) any facility owned by the taxpayer which is originally placed in service after December 31, 2001, or ``(ii) any facility owned by the taxpayer which is originally placed in service before January 1, 2002, but only to the extent of its incremental geothermal production. ``(F) Solar energy facility.--In the case of a facility using solar energy to produce electricity, the term `qualified facility' means-- ``(i) any facility owned by the taxpayer which is originally placed in service after December 31, 2001, or ``(ii) any facility owned by the taxpayer which is originally placed in service before January 1, 2002, and modified on or after such date with additional generating capacity. In the case of a facility referred to in clause (ii), the credit under subsection (a) applies only to the production from the additional generating capacity. ``(G) Incremental hydropower facility.--In the case of a facility using incremental hydropower to produce electricity, the term `qualified facility' means any facility owned by the taxpayer that achieves additional generation from-- ``(i) increased efficiency, or ``(ii) additions of new capacity, at a non-Federal hydroelectric project originally placed in service before the date of enactment of this subparagraph.''. (2) Special rule.--Subsection (d) of section 45 of such Code (relating to definitions and special rules), as amended by subsection (b)(3), is amended by adding at the end the following new paragraph: ``(9) Definition and special rule with respect to incremental geothermal production.-- ``(A) In general.--The term `incremental geothermal production' means for any taxable year the excess of-- ``(i) the total kilowatt hours of electricity produced from a geothermal facility described in subsection (c)(3)(E)(ii), over ``(ii) the average annual kilowatt hours produced at such facility for five of the previous seven calendar years prior to the date of the enactment of this paragraph after eliminating the highest and lowest kilowatt hour production years in such seven-year period. ``(B) Special rule.--A facility described in subsection (c)(3)(E)(ii) which was placed in service seven years or longer prior to the date of the enactment of this paragraph shall, commencing with the year of such enactment, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average decrease in annual kilowatt hour production for the seven-year period described in subparagraph (A)(ii) with such cumulative sum not to exceed 30 percent.''. (d) Coordination With Other Credits.--Subsection (d) of section 45 of such Code (relating to definitions and special rules), as amended by subsection (c)(2), is amended by adding at the end the following: ``(10) Coordination with other credits.--This section shall not apply to any qualified facility with respect to which a credit under any other section is allowed for the taxable year unless the taxpayer elects to waive application of such credit to such facility.''. (e) Effective Date.--The amendments made by this section shall apply to electricity sold after December 31, 2001. SEC. 3. EXPANSION OF INVESTMENT TAX CREDIT TO INCLUDE EQUIPMENT USED TO PRODUCE ELECTRICITY FROM CERTAIN RENEWABLE RESOURCES. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (relating to energy credit reforestation credit) is amended by striking ``or'' at the end of clause (i), inserting ``or'' at the end of clause (ii), and adding at the end the following new clause: ``(iii) equipment used to produce electricity from a qualified facility (as defined in section 45).''. (b) Effective Date.--The amendments made by this section shall apply to equipment placed in service after December 31, 2001.
Renewable Fuel Equity Act - Amends the Internal Revenue Code to expand the renewable resources credit to include geothermal and solar energy, incremental hydropower and biomass (other than closed-loop biomass).Sets forth qualifying dates of service for facilities using such means to produce electricity.Expands the investment tax credit to include equipment used to produce electricity from certain renewable resources.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand the renewable resources production tax credit to include additional forms of renewable energy, and to expand the investment tax credit to include equipment used to produce electricity from renewable resources."}
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SECTION 1. FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW- INCOME VETERAN FAMILIES IN PERMANENT HOUSING. (a) Short Title.--This Act may be cited as the ``Services To Prevent Veterans Homelessness Act''. (b) Purpose.--The purpose of this Act is to facilitate the provision of supportive services for very low-income veteran families in permanent housing. (c) Authorization of Financial Assistance.-- (1) In general.--Subchapter V of chapter 20 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``Sec. 2044. Financial assistance for supportive services for very low- income veteran families in permanent housing ``(a) Distribution of Financial Assistance.-- ``(1) In general.--The Secretary shall provide financial assistance to eligible entities approved under this section to provide and coordinate the provision of supportive services described in subsection (b) for very low-income veteran families occupying permanent housing. ``(2) Per diem payments.--Financial assistance under this section shall consist of per diem payments for each such family for which an approved eligible entity is providing or coordinating the provision of supportive services. ``(3) Formula.--The Secretary shall establish a formula to determine the rate of per diem payments to be provided with respect to very low-income veteran families provided supportive services under this section. This rate shall be adjusted not less than annually to reflect changes in the cost of living. In calculating the per diem formula under this paragraph, the Secretary may consider geographic cost of living variances, family size, and the cost of services provided. ``(4) Preference.--In providing financial assistance under paragraph (1), the Secretary shall give preference to entities providing or coordinating the provision of supportive services for very low-income veteran families who are transitioning from homelessness to permanent housing. ``(5) Geographic distribution.--The Secretary shall ensure that, to the extent practicable, financial assistance under this subsection is equitably distributed across geographic regions, including rural communities and tribal lands. ``(6) Notice.--Each entity receiving financial assistance under this section to provide supportive services to a very low-income veteran family shall notify that family that such services are being paid for, in whole or in part, by the Department of Veterans Affairs. ``(7) Reporting requirement.--The Secretary may require entities receiving financial assistance under this section to submit a report to the Secretary that describes the projects carried out with such financial assistance. ``(b) Supportive Services.--The supportive services referred to in subsection (a) are the following: ``(1) Services provided by an eligible entity or subcontractors that address the needs of very low-income veteran families occupying permanent housing, including-- ``(A) outreach services; ``(B) health care services, including diagnosis, treatment, and counseling for mental health and substance abuse disorders and for post-traumatic stress disorder, if such services are not readily available through the Department of Veterans Affairs medical center serving the geographic area in which the veteran family is housed; ``(C) habilitation and rehabilitation services; ``(D) case management services; ``(E) daily living services; ``(F) personal financial planning; ``(G) transportation services; ``(H) vocational counseling; ``(I) employment and training; ``(J) educational services; ``(K) assistance in obtaining veterans benefits and other public benefits, including health care provided by the Department; ``(L) assistance in obtaining income support; ``(M) assistance in obtaining health insurance; ``(N) fiduciary and representative payee services; ``(O) legal services to assist the veteran family with reconsiderations or appeals of veterans and public benefit claim denials and to resolve outstanding warrants that interfere with the family's ability to obtain or retain housing or supportive services; ``(P) child care; ``(Q) housing counseling; ``(R) other services necessary for maintaining independent living; and ``(S) coordination of services under this paragraph. ``(2) Services described in paragraph (1) that are delivered to very low-income veteran families who are homeless and who are scheduled to become residents of permanent housing within 90 days pending the location or development of housing suitable for permanent housing. ``(3) Services described in paragraph (1) for very low- income veteran families who have voluntarily chosen to seek other housing after a period of tenancy in permanent housing, that are provided, for a period of 90 days after such families exit permanent housing or until such families commence receipt of other housing services adequate to meet their current needs, but only to the extent that services under this paragraph are designed to support such families in their choice to transition into housing that is responsive to their individual needs and preferences. ``(c) Application for Financial Assistance.-- ``(1) In general.--An eligible entity seeking financial assistance under subsection (a) shall submit an application to the Secretary in such form, in such manner, and containing such commitments and information as the Secretary determines to be necessary to carry out this section. ``(2) Contents.--Each application submitted by an eligible entity under paragraph (1) shall contain-- ``(A) a description of the supportive services proposed to be provided by the eligible entity; ``(B) a description of the types of very low-income veteran families proposed to be provided such services; ``(C) an estimate of the number of very low-income veteran families proposed to be provided such services; ``(D) evidence of the experience of the eligible entity in providing supportive services to very low- income veteran families; ``(E) a description of the managerial capacity of the eligible entity to-- ``(i) coordinate the provision of supportive services with the provision of permanent housing, by the eligible entity or by other organizations; ``(ii) continuously assess the needs of very low-income veteran families for supportive services; ``(iii) coordinate the provision of supportive services with the services of the Department; ``(iv) tailor supportive services to the needs of very low-income veteran families; and ``(v) continuously seek new sources of assistance to ensure the long-term provision of supportive services to very low-income veteran families. ``(3) Selection criteria.--The Secretary shall establish criteria for the selection of eligible entities to be provided financial assistance under this section. ``(d) Technical Assistance.-- ``(1) In general.--The Secretary shall provide training and technical assistance to participating eligible entities regarding the planning, development, and provision of supportive services to very low-income veteran families occupying permanent housing. ``(2) Contracts.--The Secretary may provide the training described in paragraph (1) directly or through grants or contracts with appropriate public or nonprofit private entities. ``(e) Funding.--Of the amounts available each fiscal year to the Department for Medical Care for veterans, $25,000,000 shall be available in each such fiscal year to carry out the provisions of this section, of which not more than $750,000 may be used to provide technical assistance under subsection (d). ``(f) Definitions.--In this section: ``(1) Consumer cooperative.--The term `consumer cooperative' has the meaning given such term in section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a private nonprofit organization; or ``(B) a consumer cooperative. ``(3) Homeless.--The term `homeless' has the meaning given the term in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)). ``(4) Permanent housing.--The term `permanent housing' means community-based housing without a designated length of stay. ``(5) Private nonprofit organization.--The term `private nonprofit organization' means-- ``(A) any incorporated private institution or foundation-- ``(i) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; ``(ii) which has a governing board that is responsible for the operation of the supportive services provided under this section; and ``(iii) which is approved by the Secretary as to financial responsibility; ``(B) a for-profit limited partnership, the sole general partner of which is an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A); ``(C) a corporation wholly owned and controlled by an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A); and ``(D) a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)). ``(6) Very low-income veteran family.-- ``(A) In general.--Subject to subparagraphs (B) and (C), the term `very low-income veteran family' means a veteran family whose income does not exceed 50 percent of the median income for the area, as determined by the Secretary in accordance with this paragraph. ``(B) Adjustments for family size.--The Secretary shall make appropriate adjustments to the income requirement under subparagraph (A) based on family size. ``(C) Adjustments for housing costs.--The Secretary may establish an income ceiling higher or lower than 50 percent of the median income for an area if the Secretary determines that such variations are necessary because the area has unusually high or low construction costs, fair market rents (as determined under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)), or family incomes. ``(7) Veteran family.--The term `veteran family' includes a veteran who is a single person and a family in which the head of household or the spouse of the head of household is a veteran.''. (2) Clerical amendment.--The table of section at the beginning of chapter 20 of title 38, United States Code, is amended by inserting after the item relating to section 2043 the following: ``2044. Financial assistance for supportive services for very low- income veteran families in permanent housing.''.
Services To Prevent Veterans Homelessness Act - Directs the Secretary of Veterans Affairs to provide financial assistance to eligible entities (private nonprofit organizations or consumer cooperatives) to provide and coordinate the provision of various supportive services for very low-income veteran families occupying permanent housing. Requires: (1) equitable geographic distribution of such assistance; and (2) the Secretary to provide training and technical assistance to participating entities regarding the planning, development, and provision of such services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``No Cash for Convicts Act''. SEC. 2. TREATMENT OF PRISONERS UNDER TITLES II AND XVI OF THE SOCIAL SECURITY ACT. (a) Implementation of Prohibition Against Payment of Title II Benefits to Prisoners.-- (1) In general.--Section 202(x)(3) of the Social Security Act (42 U.S.C. 402(x)(3)) is amended-- (A) by inserting ``(A)'' after ``(3)''; and (B) by adding at the end the following new subparagraph: ``(B)(i) The Commissioner shall enter into an agreement, with any interested State or local institution comprising a jail, prison, penal institution, correctional facility, or other institution a purpose of which is to confine individuals as described in paragraph (1)(A), under which-- ``(I) the institution shall provide to the Commissioner, on a monthly basis and in a manner specified by the Commissioner, the names, social security account numbers, dates of birth, confinement commencement dates, and, to the extent available to the institution, such other identifying information concerning the individuals confined in the institution as the Commissioner may require for the purpose of carrying out paragraph (1); and ``(II) except as provided in clause (ii), the Commissioner shall pay to the institution, with respect to information described in subclause (I) concerning each individual who is confined therein as described in paragraph (1)(A), to whom a benefit under this title is payable for the month preceding the first month of such confinement, and whose benefit under this title ceases to be payable as a result of the application of this subsection, $400 (subject to reduction under clause (iii)) if the institution furnishes the information to the Commissioner within 30 days after the date such individual's confinement in such institution begins, or $200 (subject to reduction under clause (iii)) if the institution furnishes the information after 30 days after such date but within 90 days after such date. ``(ii) No amount shall be payable to an institution with respect to information concerning an individual under an agreement entered into under clause (i) if, prior to the Commissioner's receipt of the information, the Commissioner has determined that benefits under this title are no longer payable to such individual as a result of the application of this subsection. ``(iii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 1611(e)(1)(I). ``(iv) There shall be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate, such sums as may be necessary to enable the Commissioner to make payments to institutions required by clause (i)(II). Sums so transferred shall be treated as direct spending for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 and excluded from budget totals in accordance with section 13301 of the Budget Enforcement Act of 1990. ``(v) The Commissioner is authorized to provide, on a reimbursable basis, information obtained pursuant to agreements entered into under clause (i) to any Federal or federally-assisted cash, food, or medical assistance program for eligibility purposes.''. (2) Effective date.--The amendments made by this subsection shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted. (b) Elimination of Title II Requirement That Confinement Stem From Crime Punishable by Imprisonment for More Than 1 Year.-- (1) In general.--Section 202(x)(1)(A) of such Act (42 U.S.C. 402(x)(1)(A)) is amended-- (A) in the matter preceding clause (i), by striking ``during'' and inserting ``throughout''; (B) in clause (i), by striking ``an offense punishable by imprisonment for more than 1 year (regardless of the actual sentence imposed)'' and inserting ``a criminal offense''; and (C) in clause (ii)(I), by striking ``an offense punishable by imprisonment for more than 1 year'' and inserting ``a criminal offense''. (2) Effective date.--The amendments made by this subsection shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted. (c) Inclusion of Title II Issues in Study and Report Requirements Relating to Prisoners.-- (1) Section 203(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104- 193) is amended-- (A) in subparagraph (A), by striking ``section 1611(e)(1)'' and inserting ``sections 202(x) and 1611(e)(1)''; and (B) in subparagraph (B), by striking ``section 1611(e)(1)(I)'' and inserting ``section 202(x)(3)(B) or 1611(e)(1)(I)''. (2) Section 203(c) of such Act is amended by striking ``section 1611(e)(1)(I)'' and all that follows and inserting the following: ``sections 202(x)(3)(B) and 1611(e)(1)(I) of the Social Security Act.''. (3) The amendments made by paragraph (1) shall apply as if included in the enactment of section 203(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193). The amendment made by paragraph (2) shall apply as if included in the enactment of section 203(c) of such Act. (d) Conforming Title XVI Amendments.-- (1) Preclusion of title xvi payment when information furnished by an institution is already known by the commissioner.--Section 1611(e)(1)(I) of the Social Security Act (as added by section 203(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)) is amended-- (A) in clause (i)(II), by inserting ``except as provided in clause (ii),'' after ``(II)''; (B) by redesignating clauses (ii) and (iii) as clauses (iv) and (v), respectively; and (C) by inserting after clause (i) the following new clause: ``(ii) No amount shall be payable to an institution with respect to information concerning an inmate under an agreement entered into under clause (i) if, prior to the Commissioner's receipt of the information, the Commissioner has determined that the inmate is no longer an eligible individual or eligible spouse for purposes of this title as a result of the application of this paragraph.''. (2) Fifty percent reduction in title xvi payment in case involving comparable title ii payment.--Section 1611(e)(1)(I) of such Act (as amended by paragraph (1)) is amended further-- (A) in clause (i)(II), by inserting ``(subject to reduction under clause (iii))'' after ``$400'' and after ``$200''; and (B) by inserting after clause (ii) the following new clause: ``(iii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 202(x)(3)(B).''. (3) Expansion of categories of institutions eligible to enter into agreements with the commissioner.--Section 1611(e)(1)(I)(i) of such Act (as added by section 203(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)) is amended in the matter preceding subclause (I) by striking ``institution'' and all that follows through ``section 202(x)(1)(A),'' and inserting ``institution comprising a jail, prison, penal institution, or correctional facility, or with any other interested State or local institution a purpose of which is to confine individuals as described in section 202(x)(1)(A)(ii),''. (4) Limitation on categories of inmates with respect to whom payment may be made.--Section 1611(e)(1)(I)(i)(II) of such Act (as added by section 203(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)) is amended by striking ``inmate of the institution'' and all that follows through ``in such institution and'' and inserting ``individual who is eligible for a benefit under this title for the month preceding the first month throughout which the individual is an inmate of the jail, prison, penal institution, or correctional facility, or is confined in the institution as described in section 202(x)(1)(A)(ii), and who''. (5) Technical correction.--Section 1611(e)(1)(I)(i)(II) of such Act (as amended by the preceding provisions of this subsection) is amended further by striking ``subparagraph'' and inserting ``paragraph''. (6) Effective date.--The amendments made by this subsection shall apply as if included in the enactment of section 203(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193). The references to section 202(x)(1)(A)(ii) of the Social Security Act in section 1611(e)(1)(I)(i) of such Act as amended by paragraphs (3) and (4) shall be deemed a reference to such section 202(x)(1)(A)(ii) as amended by subsection (b)(1)(C). (e) Exemption From Computer Matching Requirements.-- (1) In general.--Section 552a(a)(8)(B) of title 5, United States Code, is amended-- (A) by striking ``or'' at the end of clause (vi); and (B) by inserting after clause (vii) the following new clauses: ``(viii) matches performed pursuant to section 202(x) or 1611(e)(1) of the Social Security Act; or ``(ix) matches performed pursuant to section 205(j)(1)(A), 205(j)(5), 1631(a)(2)(A)(ii), 1631(a)(2)(A)(iii), or 1631(a)(2)(E) of the Social Security Act;''. (2) Conforming amendment.--Section 1611(e)(1)(I)(iv) of the Social Security Act (as added by section 203(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) and redesignated by subsection (d)(1)(B)) is amended further by striking ``(I) The provisions'' and all that follows through ``(II) The Commissioner'' and inserting ``The Commissioner''. (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act.
No Cash for Convicts Act - Applies to the payment of benefits under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to prisoners the same requirements as enacted by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 with respect to payments under SSA title XVI (Supplemental Security Income) for agreements between the Commissioner of Social Security and State or local correctional institutions for monthly identifying information, and the exchange of such information among Federal or federally-assisted cash, food, or medical assistance programs. Extends to all prisoners, regardless of offense or length of sentence, the current prohibition against the payment of social security benefits, by repealing its limitation to offenses punishable by imprisonment for more than one year. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to require inclusion of prisoners receiving OASDI benefits in certain required studies and reports to the Congress.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Memorial Preservation and Recognition Act of 2003''. SEC. 2. CRIMINAL PENALTIES FOR DESTRUCTION OF VETERANS' MEMORIALS. (a) In General.--Chapter 65 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1369. Destruction of veterans' memorials ``(a) Whoever, in a circumstance described in subsection (b), willfully injures or destroys, or attempts to injure or destroy, any structure, plaque, statue, or other monument on public property commemorating the service of any person or persons in the armed forces of the United States shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) A circumstance described in this subsection is that-- ``(1) in committing the offense described in subsection (a), the defendant travels or causes another to travel in interstate or foreign commerce, or uses the mail or an instrumentality of interstate or foreign commerce; or ``(2) the structure, plaque, statue, or other monument described in subsection (a) is located on property owned by, or under the jurisdiction of, the Federal Government.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 65 of title 18, United States Code, is amended by adding at the end the following: ``1369. Destruction of veterans' memorials.''. SEC. 3. HIGHWAY SIGNS RELATING TO VETERANS CEMETERIES. (a) In General.--Notwithstanding the terms of any agreement entered into by the Secretary of Transportation and a State under section 109(d) or 402(a) of title 23, United States Code, a veterans cemetery shall be treated as a site for which a supplemental guide sign may be placed on any Federal-aid highway. (b) Applicability.--Subsection (a) shall apply to an agreement entered into before, on, or after the date of the enactment of this Act. SEC. 4. GRANTS TO REPAIR VETERANS MEMORIALS. (a) Establishment of Grant Program.--Chapter 24 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2412. Grants to repair memorials ``(a) Establishment of Grant Program.--Subject to the succeeding provisions of this section, the Secretary may make grants to a State or a qualified organization for the purpose of repairing or restoring a covered memorial. ``(b) Application.--A grant under this section may be made only upon submission of an application to the Secretary in such form and manner, and containing such information, as the Secretary may require. ``(c) Amount of Grant.--(1) The amount of a grant under this section may not exceed 50 percent of the cost of the repair or restoration of the covered memorial, as determined by the Secretary. ``(2) The recipient of the grant shall contribute the excess of the aggregate costs of the repair of the covered memorial over the grant. ``(3) If a recipient of a grant under this section uses any part of the funds provided through such grant for a purpose other than that for which the grant was made, the United States shall be entitled to recover from such recipient the total of all grants made under this section to such recipient in connection with the repair or restoration of the covered memorial. ``(d) Use of Grant Funds.--Sums received pursuant to a grant in this section shall be used for the sole purpose of repairing or restoring a covered memorial. ``(e) Standards.--A repair or restoration of a covered memorial under a grant under this section shall conform to such standards and guidelines as the Secretary may by regulation prescribe. ``(f) Additional Terms and Conditions.--The Secretary may by regulation prescribe such additional terms and conditions for grants under this section as the Secretary considers appropriate. ``(g) Definitions.--In this section: ``(1) The term `qualified organization' means any organization described in section 5902(a) of this title. ``(2) The term `covered memorial' means a memorial or monument that the Secretary determines commemorates the service in the Armed Forces of an individual, or group of individuals, or a particular military event, but does not include any memorial or monument under the administrative jurisdiction of the Secretary of the Interior. ``(h) Authorization of Appropriations.--(1) There is authorized to be appropriated such sums as may be necessary for fiscal year 2004 and for each succeeding fiscal year through fiscal year 2008 for the purpose of making grants under subsection (a). ``(2) Sums appropriated under paragraph (1) of this section shall remain available until expended. If all funds from a grant under this section have not been utilized by a recipient for the purpose for which the grant was made within three years after such grant is made, the United States shall be entitled to recover any such unused grant funds from such recipient.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 24 of title 38, United States Code, is amended by adding at the end the following: ``2412. Grants to repair memorials.''.
Veterans' Memorial Preservation and Recognition Act of 2003 -Amends the Federal criminal code to prohibit willfully desecrating a monument on public property commemorating the service of any person in the U.S. armed forces where: (1) the defendant travels in, or uses an instrumentality of, interstate or foreign commerce; or (2) the monument is located on Federal property.Requires that veterans cemeteries be treated as sites permitting supplemental guide signs on Federal-aid highways.Authorizes the Secretary of Veterans Affairs to make grants to a State or qualified organization for up to 50 percent of the costs of the repair or restoration of a veterans memorial.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Products Control Act of 1995''. SEC. 2. AMENDMENT TO FEDERAL CIGARETTE LABELING AND ADVERTISING ACT. The Federal Cigarette Labeling and Advertising Act is amended by inserting after section 6 (15 U.S.C. 1335) the following new section: ``additional advertising restrictions ``Sec. 7A. (a)(1) It shall be unlawful to advertise cigarettes on any outdoor billboard that is located within 500 feet of any public or private elementary or secondary school. ``(2) Paragraph (1) shall not apply to any advertisement-- ``(A) on any outdoor billboard that is located adjacent to an interstate highway that is directed away from, and not visible from, such elementary or secondary schools or school grounds; or ``(B) that is erected or maintained at street level and affixed to business establishments selling tobacco products at retail. ``(b) It shall be unlawful to advertise cigarettes in a newspaper, magazine, periodical or other publication if the subscribers of such publication who are under the age of 18 years constitute more than 15 percent of the total readership of such publication. The Federal Trade Commission shall annually publish a list of the publications that are subject to this subsection. ``(c) No payment shall be made by any cigarette manufacturer or any agent thereof for the placement of any cigarette, cigarette package, or cigarette advertisement as a prop in any motion picture produced for viewing by the general public. ``(d) No cigarette brand name or logo shall be placed in a video or on a video game machine, and no brand name or logo may be placed on or within the premises of family amusement centers. ``(e) As used in this section-- ``(1) the term `family amusement center' means an enterprise offering amusement or entertainment to the public through the use of one or more amusement rides or attractions; ``(2) the term `amusement ride or attraction' means-- ``(A) any mechanized device or combination of devices that carry passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement; or ``(B) any building or structure around, over, or through which individuals may walk, climb, slide, jump or move that provides such individuals with amusement, pleasure, thrills, or excitement; except that such term does not include coin-operated amusement devices that carry no more than 2 individuals, devices regulated by the Federal Aviation Administration, the Federal Railroad Administration (or State railroad administrations), or vessels under the jurisdiction of the Coast Guard (or State division of the water patrol), tractor pulls, auto or motorcycle events, horse shows, rodeos, or other animal shows, games and concessions, nonmechanical playground equipment, or any other devices or structures designated by the Secretary of Health and Human Services; and ``(3) the term `video game' means any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube, or is designed to be used with a television set or a monitor, that interacts with the user of the device.''. SEC. 3. AMENDMENT TO COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION ACT OF 1986. The Comprehensive Smokeless Tobacco Health Education Act of 1986 is amended by inserting after section 3 (15 U.S.C. 4402 et seq.) the following new section: ``advertising restrictions ``Sec. 3A. (a) Billboards.-- ``(1) In general.--It shall be unlawful to advertise a smokeless tobacco product on any outdoor billboard that is located within 500 feet of any public or private elementary or secondary school. ``(2) Exception.--Paragraph (1) shall not apply to any advertisement-- ``(A) on any outdoor billboard that is located adjacent to an interstate highway that is directed away from, and not visible from, such elementary or secondary schools or school grounds; and ``(B) that is erected or maintained at street level and affixed to business establishments selling tobacco products at retail. ``(b) Periodicals.--It shall be unlawful to advertise any smokeless tobacco product in a newspaper, magazine, periodical or other publication if the subscribers of such publication who are under the age of 18 years constitute more than 15 percent of the total readership of such publication. The Federal Trade Commission shall annually publish a list of the publications that are subject to this subsection. ``(c) Motion Pictures.--No payment shall be made by any smokeless tobacco manufacturer or any agent thereof for the placement of any smokeless tobacco product, smokeless tobacco package, or smokeless tobacco advertisement as a prop in any motion picture produced for viewing by the general public. ``(d) Video Games.--No smokeless tobacco product brand name or logo shall be placed in a video or on a video game machine, and no brand name or logo may be placed on or within the premises of a family amusement center. ``(e) Definitions.--As used in this section-- ``(1) the term `family amusement center' means an enterprise offering amusement or entertainment to the public through the use of one or more amusement rides or attractions; ``(2) the term `amusement ride or attraction' means-- ``(A) any mechanized device or combination of devices that carry passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement; or ``(B) any building or structure around, over, or through which individuals may walk, climb, slide, jump or move that provides such individuals with amusement, pleasure, thrills, or excitement; except that such term does not include coin-operated amusement devices that carry no more than 2 individuals, devices regulated by the Federal Aviation Administration, the Federal Railroad Administration (or State railroad administrations), or vessels under the jurisdiction of the Coast Guard (or State division of the water patrol), tractor pulls, auto or motorcycle events, horse shows, rodeos, or other animal shows, games and concessions, nonmechanical playground equipment, or any other devices or structures designated by the Secretary of Health and Human Services; and ``(3) the term `video game' means any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube, or is designed to be used with a television set or a monitor, that interacts with the user of the device.''. SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. Section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) is amended-- (1) in subsection (a)(1), to read as follows: ``(1) In general.--Subject to paragraph (2), for fiscal year 1997 and subsequent fiscal years, the Secretary may make a grant under section 1921 only if the State involved has in effect a law providing that-- ``(A) it is unlawful for any manufacturer, retailer, or distributor of cigarettes or smokeless tobacco products to sell or distribute any such product to any individual under the age of 18; ``(B) no person, firm, partnership, company, or corporation shall operate a vending machine which dispenses cigarettes or smokeless tobacco products unless such vending machine is in a location that is in plain view and under the direct supervision and control of the individual in charge of the location or his or her designated agent or employee; ``(C) the restrictions described in subparagraph (B) shall not apply in the case of a vending machine that is located-- ``(i) at a private club; ``(ii) at a bar or bar area of a food service establishment; ``(iii) at a factory, warehouse, tobacco business, or any other place of employment which has an insignificant portion of its regular workforce comprised of individuals under the age of 18 years and only if such machines are located in an area that is not accessible to the general public; or ``(iv) in such other location or made available in another manner that is expressly permitted under applicable State law; and ``(D) it is unlawful for any person engaged in the selling or distribution of cigarettes or smokeless tobacco products for commercial purposes to distribute without charge any cigarettes or smokeless tobacco products, or to distribute coupons which are redeemable for cigarettes or smokeless tobacco products, except that this subparagraph shall not apply in the case of distribution-- ``(i) through coupons contained in publications for which advertising is not restricted under section 7A of the Federal Cigarette Labeling and Advertising Act, coupons obtained through the purchase of cigarettes or smokeless tobacco products, or coupons sent through the mail; ``(ii) where individuals can demonstrate, through a photographic identification card, that the individual is at least 18 years of age; ``(iii) in locations that can be separately segregated to deny access to individuals under the age of 18; or ``(iv) through such other manners or at other locations that are expressly permitted under applicable State law.''; (2) in subsection (a)(2)-- (A) by striking ``1993'' and inserting ``1997''; (B) by striking ``1994'' and inserting ``1998''; and (C) by striking ``1995'' and inserting ``1999''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``10 percent'' and inserting ``20 percent''; (B) in paragraph (2), by striking ``20 percent'' and inserting ``40 percent''; (C) in paragraph (3), by striking ``30 percent'' and inserting ``60 percent''; and (D) in paragraph (4), by striking ``40 percent'' and inserting ``80 percent''; (4) in subsection (d)-- (A) in paragraph (1), by striking ``1995'' and inserting ``1999''; and (B) in paragraph (1), by striking ``1994'' and inserting ``1998''; and (5) by adding at the end thereof the following new subsections: ``(e) Enforcement.--Any amounts made available to a State through a grant under section 1921 may be used to enforce the laws described in subsection (a). ``(f) Definitions.--As used in subsection (a)(1), the term `private club' means an organization with no more than an insignificant portion of its membership comprised of individuals under the age of 18 years that regularly receives dues or payments from its members for the use of space, facilities and services.''. SEC. 5. AMENDMENT TO FEDERAL FOOD, DRUG, AND COSMETIC ACT. Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at the end thereof the following new section: ``SEC. 906. PROHIBITION ON REGULATION OF TOBACCO PRODUCTS. ``Nothing in this Act or any other Act shall provide the Food and Drug Administration with any authority to regulate in any manner tobacco or tobacco products.''.
Tobacco Products Control Act of 1995 - Amends the Federal Cigarette Labeling and Advertising Act (with regard to cigarettes) and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (with regard to smokeless tobacco products) to make unlawful: (1) advertising on certain outdoor billboards; (2) advertising in publications having more than 15 percent of their total readership under 18 years old; (3) product placement (paid for by a manufacturer) as a prop in any general public motion picture; and (4) placement of a brand name or logo in a video, on a video game machine, or in a family amusement center. Amends the Public Health Service Act to prohibit or reduce, starting in FY 1997, formula grants to States for prevention and treatment of substance abuse unless the State has a law: (1) prohibiting the sale or distribution of cigarettes or smokeless tobacco products to anyone under the age of 18; (2) regulating in specified ways cigarette or smokeless tobacco product vending machines; and (3) prohibiting the distribution without charge of cigarettes or smokeless tobacco products or the distribution of coupons redeemable for cigarettes or smokeless tobacco products. Allows amounts from the formula grants to be used to enforce such State laws. Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to declare that nothing in the FDCA or any other Act shall provide the Food and Drug Administration with any authority to regulate in any manner tobacco or tobacco products.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Budget Enforcement Legislative Tool Act of 2008''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Discretionary Budget Authority.--In addition to the method of rescinding discretionary budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any discretionary budget authority provided in an appropriations Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 days after the date of enactment of an appropriations Act subject to rescission under this section, the President may transmit to Congress a special message proposing to rescind amounts of discretionary budget authority provided in that Act and include with that special message a draft bill or joint resolution that, if enacted, would only rescind that discretionary budget authority. ``(2) In the case of an Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind discretionary budget authority under this section shall send a separate special message and accompanying draft bill or joint resolution for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the discretionary budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Limitation on Amounts Subject to Rescission.-- ``(1) The amount of discretionary budget authority which the President may propose to rescind in a special message under this section for a particular program, project, or activity for a fiscal year may not exceed 25 percent of the amount appropriated for that program, project, or activity in that Act. ``(2) The limitation contained in paragraph (1) shall only apply to a program, project, or activity that is authorized by law. ``(d) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second day of continuous session of the applicable House after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Congress in which the Act involved originated shall introduce (by request) the draft bill or joint resolution accompanying that special message. If the bill or joint resolution is not introduced as provided in the preceding sentence, then, on the third day of continuous session of that House after the date of receipt of that special message, any Member of that House may introduce the bill or joint resolution. ``(B) The bill or joint resolution shall be referred to the Committee on Appropriations of that House. The committee shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill or joint resolution within that period, that committee shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill or joint resolution shall be taken in that House on or before the close of the 10th calendar day of continuous session of that House after the date of the introduction of the bill or joint resolution in that House. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of Congress on the same calendar day on which the bill or joint resolution is agreed to. ``(2)(A) A bill or joint resolution transmitted to the House of Representatives or the Senate pursuant to paragraph (1)(C) shall be referred to the Committee on Appropriations of that House. The committee shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after it receives the bill or joint resolution. A committee failing to report the bill or joint resolution within such period shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill or joint resolution transmitted to that House shall be taken on or before the close of the 10th calendar day of continuous session of that House after the date on which the bill or joint resolution is transmitted. If the bill or joint resolution is agreed to in that House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated. ``(3)(A) A motion in the House of Representatives to proceed to the consideration of a bill or joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill or joint resolution under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or joint resolution under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill or joint resolution under this section shall be governed by the Rules of the House of Representatives. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill or joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill or joint resolution under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill or joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or joint resolution, except that in the event the manager of the bill or joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill or joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. ``(e) Amendments Prohibited.--No amendment to a bill or joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(f) Requirement To Make Available for Obligation.--Any amount of discretionary budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House defeats the bill or joint resolution transmitted with that special message. ``(g) Definitions.--For purposes of this section-- ``(1) continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period; and ``(2) the term `discretionary budget authority' means the dollar amount of discretionary budget authority and obligation limitations-- ``(A) specified in an appropriation law, or the dollar amount of budget authority required to be allocated by a specific proviso in an appropriation law for which a specific dollar figure was not included; ``(B) represented separately in any table, chart, or explanatory text included in the statement of managers or the governing committee report accompanying such law; ``(C) required to be allocated for a specific program, project, or activity in a law (other than an appropriation law) that mandates obligations from or within accounts, programs, projects, or activities for which budget authority or an obligation limitation is provided in an appropriation law; ``(D) represented by the product of the estimated procurement cost and the total quantity of items specified in an appropriation law or included in the statement of managers or the governing committee report accompanying such law; or ``(E) represented by the product of the estimated procurement cost and the total quantity of items required to be provided in a law (other than an appropriation law) that mandates obligations from accounts, programs, projects, or activities for which dollar amount of discretionary budget authority or an obligation limitation is provided in an appropriation law.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by subsection (a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by subsection (a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. (e) Application.--Section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by subsection (a)) shall apply to amounts of discretionary budget authority provided by appropriation Acts (as defined in subsection (g)(2) of such section) that are enacted after the date of the enactment of this Act. SEC. 3. TERMINATION. The authority provided by section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall terminate effective on the date in 2012 on which the Congress adjourns sine die.
Budget Enforcement Legislative Tool Act of 2008 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose, at any time and in any manner provided in this Act, the rescission of any discretionary budget authority in an appropriation Act. Prohibits funds made available for obligation under this procedure from being proposed for rescission again. Sets forth requirements for: (1) the President's transmittal to Congress of a special message regarding a proposed rescission; and (2) expedited consideration of such proposal.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Withholding Tax Repeal Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) At the onset of the Civil War, Congress passed the Revenue Act of 1861, which imposed a tax on personal incomes and to assure timely collection, taxes were ``withheld at the source'' by employers. (2) The need for Federal revenue declined sharply after the war and in 1872, the income tax was abolished and along with it, the Federal withholding mandate. (3) With passage of the 16th amendment to the Constitution, Congress swiftly passed legislation creating a Federal income tax, withheld before employee salaries were paid. (4) In response to growing taxpayer criticism of the withholding mandate, Treasury Secretary William G. McAdoo stated that ``it would be very advantageous to . . . do away with the withholding of income tax at the source'' because it would ``eliminate a great deal of criticism which has been directed against the law''; a statement reflecting the sentiment which ultimately led to the repeal of Federal withholding authority in 1917. (5) In the 1920s and 1930s, income taxes were due on March 15 following the end of the tax year and could be paid either in one lump sum on that date or in quarterly installments. (6) With the onset of World War II, fearing that taxpayers might refuse to pay the higher tax rates and surcharges associated with funding the war effort, Federal officials, lawmakers, and political leaders such as President Franklin D. Roosevelt used the military crisis to draw on Americans' sense of patriotism and resurrect the Federal withholding authority as a ``temporary wartime measure''. (7) The campaign to reinstitute a permanent system of withholding overcame public hostility with the passage of the Withholding Tax Act of 1943 which incorporated suggestions proffered by Beardsley Ruml to eliminate individuals' 1942 tax liabilities by counting amounts paid or withheld in 1943 as tax payments for that year. (8) Since that time, Congress has stubbornly refused to repeal the Federal withholdings mandate contained in the Withholding Tax Act. (9) In fiscal year 2007, the Internal Revenue Service refunded overpayments amounting to over $248,625,001,000 more than actual individual income tax liabilities, effectively denying interest payments otherwise owed to taxpayers and amounting to a hidden tax. (10) These overpayments are returned annually in the form of tax refunds to taxpayers who often confuse the payments as a reward. (11) According to an April 2007 report released by the Joint Economic Committee, millions of families, many in the bottom fifth income percentile, have either zero tax liability or receive a net transfer from the Government due to the refundable portion of the Earned Income Tax Credit or the Child Tax Credit. Those without Federal tax liability would benefit the most from keeping their entire paycheck, rather than temporarily surrendering portions to the Government. (12) The absence of the Federal withholdings mandate leaves employers and employees free to negotiate alternative, private means of collecting and paying Federal income taxes, thereby allowing individuals to voluntarily earn interest on their withhholdings. (13) The Federal withholdings mandate allows the Federal Government to disguise tax increases and hampers Federal accountability and transparency by requiring the assistance of an intermediary tax collector. (14) Complying with the Federal withholdings mandate imposes costly burdens and legal liabilities on employers forced to act as de facto IRS agents, without compensation for lost time and resources. (15) Referring to the Federal withholding mandate in his work Public Finance in Democratic Process: Fiscal Institutions and Individual Choice, 1986 Nobel Prize winning economist James Buchanan stated that ``The individual who does not have possession of income before paying it out cannot'' sense ``the real cost of public services in a manner comparable to that experienced in a genuine act of outpayment.''. (16) In CATO Institute study, Charlotte Twight has noted that ``[W]ithholding is the paramount administrative mechanism enabling the Federal Government to collect, without significant protest, sufficient private resources to fund a vastly expanded welfare state.'' (17) The Federal tax withholding mandate was listed by Human Events in 2005 as the fourth ``Most Harmful Government Program'' and seventh ``Worst Tax Law'' in 2006. (18) The National Taxpayers Union notes that the incremental nature of withholding masks the true cost of Federal income taxes, which would be much more apparent if individuals had to write monthly, quarterly, or annual checks to the Federal Government. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to increase transparency and accountability in the Federal tax system by providing the public with a more accurate account of-- (A) the annual tax burden; and (B) the Federal budget deficit; (2) to decrease the overall tax burden and increase the personal wealth of taxpayers by allowing for the personal collection of interest during the fiscal year on overpayments that are otherwise used by the Federal Government to partly avoid interest payments; (3) to decrease the burden on employers by freeing them from the task of collecting income tax withholdings from their employees; and (4) to end the deceptive practice of masking higher tax rates from taxpayers. SEC. 4. REPEAL OF FEDERAL INCOME AND SOCIAL SECURITY TAX WITHHOLDING MANDATE. (a) In General.--The following sections of the Internal Revenue Code of 1986 are hereby repealed: (1) Section 3102 (relating to deduction of social security tax from wages). (2) Section 3202 (relating to deduction of railroad retirement tax from compensation). (3) Chapter 24 (relating to income tax withholding). (b) Requirement of Estimated Tax Payments for Employee Social Security Taxes.--Subsection (f) of section 6654 of such Code is amended by striking ``minus'' at the end of paragraph (2) and inserting ``plus'', by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the following new paragraph: ``(3) the taxes imposed by section 3101(a) and 3201(a), minus''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid on or after the first January 1 occurring after 1 year after the date of the enactment of this Act. SEC. 5. CONTINUED VOLUNTARY TAX WITHHOLDING. (a) Authority of the IRS.--Nothing in this Act may be construed to limit the authority of the Internal Revenue Service to accept voluntary tax payments from employers electing to continue collecting Federal income taxes from employees. (b) Voluntary Employer Participation.--Nothing in this Act shall be construed to prevent voluntary employer sponsored withholding of Federal income taxes on behalf of employees. (c) Voluntary Employee Participation.--Nothing in this Act shall be construed-- (1) to require any employee to participate in an employer Federal income tax withholding system, or (2) to prevent any election of an employee to opt in to an employer Federal income tax withholding system, with all terms and conditions for participation being negotiable between the employee and employer.
Federal Withholding Tax Repeal Act of 2009 - Repeals provisions of the Internal Revenue Code requiring withholding of income, social security, and railroad retirement taxes from wages.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Presidential Budget Savings Extension Act of 1995''. TITLE I--PROVISIONS RELATING TO PART A OF THE MEDICARE PROGRAM SEC. 101. MAINTAINING SAVINGS RESULTING FROM TEMPORARY FREEZE ON PAYMENT INCREASES FOR SKILLED NURSING FACILITY SERVICES. (a) Basing Updates to Per Diem Cost Limits on Limits for Fiscal Year 1993.-- (1) In general.--The last sentence of section 1888(a) of the Social Security Act (42 U.S.C. 1395yy(a)) is amended by adding at the end the following: ``(except that such updates may not take into account any changes in the routine service costs of skilled nursing facilities occurring during cost reporting periods which began during fiscal year 1994 or fiscal year 1995).''. (2) No exceptions permitted based on amendment.--The Secretary of Health and Human Services shall not consider the amendment made by paragraph (1) in making any adjustments pursuant to section 1888(c) of the Social Security Act. (b) Payments Determined on Prospective Basis.--Any change made by the Secretary of Health and Human Services in the amount of any prospective payment paid to a skilled nursing facility under section 1888(d) of the Social Security Act for cost reporting periods beginning on or after October 1, 1995, may not take into account any changes in the costs of services occurring during cost reporting periods which began during fiscal year 1994 or fiscal year 1995. TITLE II--PROVISIONS RELATING TO PART B OF THE MEDICARE PROGRAM SEC. 201. SETTING THE PART B PREMIUM AT 25 PERCENT OF PROGRAM EXPENDITURES PERMANENTLY. (a) In General.--Section 1839(a)(3) of the Social Security Act (42 U.S.C. 1395r(a)(3)) is amended by striking ``The monthly premium'' and all that follows through ``November 1.'' and inserting the following: ``The monthly premium shall be equal to 50 percent of the monthly actuarial rate for enrollees age 65 and over, as determined according to paragraph (1), for that succeeding calendar year.''. (b) Conforming Amendments.--Section 1839 of such Act (42 U.S.C. 1395r) is amended-- (1) in subsection (a)(2), by striking ``(b) and (e)'' and inserting ``(b), (c), (e), and (f)''; (2) in the last sentence of subsection (a)(3), by striking ``and the derivation of the dollar amounts specified in this paragraph''; and (3) in subsection (e)-- (A) by striking ``(1)(A) Notwithstanding'' and all that follows through ``(B)'', (B) by striking paragraph (2), and (C) by redesignating clauses (i) through (v) as paragraphs (1) through (5). TITLE III--PROVISIONS RELATING TO PARTS A AND B OF THE MEDICARE PROGRAM SEC. 301. PERMANENT EXTENSION OF CERTAIN SECONDARY PAYER PROVISIONS. (a) Data Match.-- (1) Section 1862(b)(5)(C) of the Social Security Act (42 U.S.C. 1395y(b)(5)(C)) is amended by striking clause (iii). (2) Section 6103(l)(12) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F). (b) Application to Disabled Individuals in Large Group Health Plans.-- (1) In general.--Section 1862(b)(1)(B) of the Social Security Act (42 U.S.C. 1395y(b)(1)(B)) is amended-- (A) in clause (i), by striking ``clause (iv)'' and inserting ``clause (iii)'', (B) by striking clause (iii), and (C) by redesignating clause (iv) as clause (iii). (2) Conforming amendments.--Paragraphs (1) through (3) of section 1837(i) of such Act (42 U.S.C. 1395p(i)) and the second sentence of section 1839(b) of such Act (42 U.S.C. 1395r(b)) are each amended by striking ``1862(b)(1)(B)(iv)'' each place it appears and inserting ``1862(b)(1)(B)(iii)''. (c) Period of Application to Individuals with End Stage Renal Disease.--Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended-- (1) in the first sentence, by striking ``12-month'' each place it appears and inserting ``18-month'', and (2) by striking the second sentence. SEC. 302. MAINTAINING SAVINGS RESULTING FROM TEMPORARY FREEZE ON PAYMENT INCREASES FOR HOME HEALTH SERVICES. (a) Basing Updates to Per Visit Cost Limits on Limits for Fiscal Year 1993.--Section 1861(v)(1)(L)(iii) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(iii)) is amended by adding at the end the following sentence: ``In establishing limits under this subparagraph, the Secretary may not take into account any changes in the costs of the provision of services furnished by home health agencies with respect to cost reporting periods which began on or after July 1, 1994, and before July 1, 1996.''. (b) No Exceptions Permitted Based on Amendment.--The Secretary of Health and Human Services shall not consider the amendment made by subsection (a) in making any exemptions and exceptions pursuant to section 1861(v)(1)(L)(ii) of the Social Security Act.
TABLE OF CONTENTS: Title I: Provisions Relating to Part A of the Medicare Program Title II: Provisions Relating to Part B of the Medicare Program Title III: Provisions Relating to Parts A and B of the Medicare Program Medicare Presidential Budget Savings Extension Act of 1995 - Title I: Provisions Relating to Part A of the Medicare Program - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to prohibit updates on per diem cost limits on extended care services of skilled nursing facilities from taking into account any changes in routine service costs of such facilities occurring during cost reporting periods beginning during FY 1994 or 1995. Bars any change made by the Secretary of Health and Human Services in the amount of prospective payments to such facilities for cost reporting periods beginning on or after October 1, 1995, from taking into account changes in the costs of services occurring during cost reporting periods beginning in FY 1994 or 1995. Title II: Provisions Relating to Part B of the Medicare Program - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to permanently set the monthly premium under the Supplementary Medical Insurance program at 50 percent of the monthly actuarial rate for enrollees age 65 and over. Title III: Provisions Relating to Parts A and B of the Medicare Program - Makes permanent specified Medicare secondary payer provisions currently scheduled to expire in FY 1998, including those with respect to disabled individuals in large group health plans and individuals with end-stage renal disease. Prohibits the Secretary, in establishing cost limits on home health services, from taking into account any changes in the costs of home health agency services with respect to cost reporting periods which began between July 1, 1994, and July 1, 1996.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Improvement Tax Cut Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS WHICH PROVIDE ELEMENTARY OR SECONDARY SCHOOL SCHOLARSHIPS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. CONTRIBUTIONS TO ORGANIZATIONS PROVIDING ELEMENTARY OR SECONDARY SCHOOL SCHOLARSHIPS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified scholarship contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $5,000 (one-half such amount in the case of a married individual (as determined under section 7703) filing a separate return). ``(c) Qualified Scholarship Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified scholarship contribution' means, with respect to any taxable year, the amount which would (but for subsection (d)) be allowable as a deduction under section 170 for cash contributions to a school tuition organization. ``(2) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization described in section 170(c)(2) if the annual disbursements of the organization for elementary and secondary school scholarships are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution for which a credit is allowed under this section. ``(e) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(f) Cost-of-Living Adjustment.--In the case of any taxable year beginning in a calendar year after 2007, the dollar amount contained in subsection (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10, such increase shall be increased to the next highest multiple of $10. In the case of a married individual (as determined under section 7703) filing a separate return, the preceding sentence shall be applied by substituting `$5' for `$10' each place it appears. ``(g) Regulations.--The Secretary shall prescribe regulations to carry out this section, including regulations providing for claiming the credit under this section on Form 1040EZ.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Contributions to organizations providing elementary or secondary school scholarships.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. CREDIT FOR CONTRIBUTIONS OF AND FOR INSTRUCTIONAL MATERIALS AND MATERIALS FOR EXTRACURRICULAR ACTIVITIES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits), as amended by this Act, is amended by inserting after section 25E the following new section: ``SEC. 25F. CONTRIBUTIONS OF AND FOR INSTRUCTIONAL MATERIALS AND MATERIALS FOR EXTRACURRICULAR ACTIVITIES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified school materials contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $5,000 (one-half such amount in the case of a married individual (as determined under section 7703) filing a separate return). ``(c) Qualified School Materials Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified school materials contribution' means, with respect to any taxable year, the amount which would (but for subsection (d)) be allowable as a deduction under section 170 for-- ``(A) any cash contribution to any elementary or secondary school if such contribution is designated to be used solely to acquire qualified school materials, ``(B) any contribution of qualified school materials to any elementary or secondary school, and ``(C) any cash contribution to a school materials organization. ``(2) Elementary or secondary school.--The term `elementary or secondary school' means any organization described in section 170(b)(1)(A)(ii) which provides education solely at or below the 12th grade. ``(3) School materials organization.-- ``(A) In general.--The term `school materials organization' means any organization described in section 170(c)(2) if-- ``(i) the primary function of the organization is to raise funds for elementary or secondary schools, and ``(ii) the annual disbursements of the organization for qualified school materials which are provided to elementary and secondary schools are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) Qualified school materials.--The term `qualified school materials' means-- ``(i) instructional materials and equipment, including library books and materials, computers, and computer software, and ``(ii) materials and equipment for school- sponsored extracurricular activities. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution for which a credit is allowed under this section. ``(e) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(f) Cost-of-Living Adjustment.--In the case of any taxable year beginning in a calendar year after 2007, the dollar amount contained in subsection (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10, such increase shall be increased to the next highest multiple of $10. In the case of a married individual (as determined under section 7703) filing a separate return, the preceding sentence shall be applied by substituting `$5' for `$10' each place it appears. ``(g) Regulations.--The Secretary shall prescribe regulations to carry out this section, including regulations providing for claiming the credit under this section on Form 1040EZ.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code, as amended by this Act, is amended by inserting after the item relating to section 25E the following new item: ``Sec. 25F. Contributions of and for instructional materials and materials for extracurricular activities.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.
Education Improvement Tax Cut Act - Amends the Internal Revenue Code to allow: (1) a tax credit up to $5,000 per year (adjusted annually for inflation after 2007) for contributions to a school tuition organization which distributes at least 90 percent of its annual gross income for elementary and secondary school scholarships; and (2) a tax credit up to $5,000 per year (adjusted annually for inflation after 2007) for contributions to a school materials organization which distributes at least 90 percent of its annual gross income to elementary and secondary schools for materials and equipment for instruction and for extracurricular activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``EPA Science Advisory Board Reform Act of 2014''. SEC. 2. SCIENCE ADVISORY BOARD. (a) Independent Advice.--Section 8(a) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 4365(a)) is amended by inserting ``independently'' after ``Advisory Board which shall''. (b) Membership.--Section 8(b) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 4365(b)) is amended to read as follows: ``(b)(1) The Board shall be composed of at least nine members, one of whom shall be designated Chairman, and shall meet at such times and places as may be designated by the Chairman. ``(2) Each member of the Board shall be qualified by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section. The Administrator shall ensure that-- ``(A) the scientific and technical points of view represented on and the functions to be performed by the Board are fairly balanced among the members of the Board; ``(B) at least ten percent of the membership of the Board are from State, local, or tribal governments; ``(C) persons with substantial and relevant expertise are not excluded from the Board due to affiliation with or representation of entities that may have a potential interest in the Board's advisory activities, so long as that interest is fully disclosed to the Administrator and the public and appointment to the Board complies with section 208 of title 18, United States Code; ``(D) in the case of a Board advisory activity on a particular matter involving a specific party, no Board member having an interest in the specific party shall participate in that activity; ``(E) Board members may not participate in advisory activities that directly or indirectly involve review or evaluation of their own work; ``(F) Board members shall be designated as special Government employees; and ``(G) no federally registered lobbyist is appointed to the Board. ``(3) The Administrator shall-- ``(A) solicit public nominations for the Board by publishing a notification in the Federal Register; ``(B) solicit nominations from relevant Federal agencies, including the Departments of Agriculture, Defense, Energy, the Interior, and Health and Human Services; ``(C) make public the list of nominees, including the identity of the entities that nominated each, and shall accept public comment on the nominees; ``(D) require that, upon their provisional nomination, nominees shall file a written report disclosing financial relationships and interests, including Environmental Protection Agency grants, contracts, cooperative agreements, or other financial assistance, that are relevant to the Board's advisory activities for the three-year period prior to the date of their nomination, and relevant professional activities and public statements for the five-year period prior to the date of their nomination; and ``(E) make such reports public, with the exception of specific dollar amounts, for each member of the Board upon such member's selection. ``(4) Disclosure of relevant professional activities under paragraph (3)(D) shall include all representational work, expert testimony, and contract work as well as identifying the party for which the work was done. ``(5) Except when specifically prohibited by law, the Agency shall make all conflict of interest waivers granted to members of the Board, member committees, or investigative panels publicly available. ``(6) Any recusal agreement made by a member of the Board, a member committee, or an investigative panel, or any recusal known to the Agency that occurs during the course of a meeting or other work of the Board, member committee, or investigative panel shall promptly be made public by the Administrator. ``(7) The terms of the members of the Board shall be three years and shall be staggered so that the terms of no more than one-third of the total membership of the Board shall expire within a single fiscal year. No member shall serve more than two terms over a ten-year period.''. (c) Record.--Section 8(c) of such Act (42 U.S.C. 4365(c)) is amended-- (1) in paragraph (1)-- (A) by inserting ``or draft risk or hazard assessment,'' after ``at the time any proposed''; (B) by striking ``formal''; and (C) by inserting ``or draft risk or hazard assessment,'' after ``to the Board such proposed''; and (2) in paragraph (2)-- (A) by inserting ``or draft risk or hazard assessment,'' after ``the scientific and technical basis of the proposed''; and (B) by adding at the end the following: ``The Board's advice and comments, including dissenting views of Board members, and the response of the Administrator shall be included in the record with respect to any proposed risk or hazard assessment, criteria document, standard, limitation, or regulation and published in the Federal Register.''. (d) Member Committees and Investigative Panels.--Section 8(e)(1)(A) of such Act (42 U.S.C. 4365(e)(1)(A)) is amended by adding at the end the following: ``These member committees and investigative panels-- ``(i) shall be constituted and operate in accordance with the provisions set forth in paragraphs (2) and (3) of subsection (b), in subsection (h), and in subsection (i); ``(ii) do not have authority to make decisions on behalf of the Board; and ``(iii) may not report directly to the Environmental Protection Agency.''. (e) Public Participation.--Section 8 of such Act (42 U.S.C. 4365) is amended by amending subsection (h) to read as follows: ``(h)(1) To facilitate public participation in the advisory activities of the Board, the Administrator and the Board shall make public all reports and relevant scientific information and shall provide materials to the public at the same time as received by members of the Board. ``(2) Prior to conducting major advisory activities, the Board shall hold a public information-gathering session to discuss the state of the science related to the advisory activity. ``(3) Prior to convening a member committee or investigative panel under subsection (e) or requesting scientific advice from the Board, the Administrator shall accept, consider, and address public comments on questions to be asked of the Board. The Board, member committees, and investigative panels shall accept, consider, and address public comments on such questions and shall not accept a question that unduly narrows the scope of an advisory activity. ``(4) The Administrator and the Board shall encourage public comments, including oral comments and discussion during the proceedings, that shall not be limited by an insufficient or arbitrary time restriction. Public comments shall be provided to the Board when received. The Board's reports shall include written responses to significant comments offered by members of the public to the Board. ``(5) Following Board meetings, the public shall be given 15 calendar days to provide additional comments for consideration by the Board.''. (f) Operations.--Section 8 of such Act (42 U.S.C. 4365) is further amended by amending subsection (i) to read as follows: ``(i)(1) In carrying out its advisory activities, the Board shall strive to avoid making policy determinations or recommendations, and, in the event the Board feels compelled to offer policy advice, shall explicitly distinguish between scientific determinations and policy advice. ``(2) The Board shall clearly communicate uncertainties associated with the scientific advice provided to the Administrator or Congress. ``(3) The Board shall ensure that advice and comments reflect the views of the members and shall encourage dissenting members to make their views known to the public, the Administrator, and Congress. ``(4) The Board shall conduct periodic reviews to ensure that its advisory activities are addressing the most important scientific issues affecting the Environmental Protection Agency. ``(5) The Board shall be fully and timely responsive to Congress.''. SEC. 3. RELATION TO THE FEDERAL ADVISORY COMMITTEE ACT. Nothing in this Act or the amendments made by this Act shall be construed as supplanting the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 4. RELATION TO THE ETHICS IN GOVERNMENT ACT OF 1978. Nothing in this Act or the amendments made by this Act shall be construed as supplanting the requirements of the Ethics in Government Act of 1978 (5 U.S.C. App.). Passed the House of Representatives November 18, 2014. Attest: KAREN L. HAAS, Clerk.
EPA Science Advisory Board Reform Act of 2014 - (Sec. 2) Amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise requirements for the Science Advisory Board, which gives scientific advice to the Environmental Protection Agency (EPA), and address public disclosure of scientific and technical information that the EPA uses as a basis for agency actions. Emphasizes that the Board provides such advice independently. Revises the process of selecting members of the Board. Requires at least 10% of Board membership to represent state, local, or tribal governments. Excludes from membership any federally registered lobbyists. Directs the Board to ensure that: the points of view represented on the Board are fairly balanced among the members, persons with substantial and relevant expertise are not excluded from the Board because of affiliation with or representation of entities that might have a potential interest in the Board's advisory activities, and members do not participate in advisory activities that involve review or application of their own work. Revises Board terms of office. Revises the procedures for providing advice and comments to the EPA by: (1) including draft risk or hazard assessments in the regulatory proposals and documents made available to the Board, and (2) requiring advice and comments to be included in the record regarding any such proposal and published in the Federal Register. Revises the operation of Board member committees and investigative panels to: (1) require that they operate in accordance with the membership, participation, and policy requirements (including new requirements for public participation in advisory activities of the Board) contained in this Act; (2) deny them authority to make decisions on behalf of the Board; and (3) prohibit direct reporting to EPA. Revises requirements for public participation and transparency. Requires the EPA and the Board to make all reports and relevant scientific information available to the public concurrently when that information is made available to the Board. Adds guidelines for the conduct of Board advisory activities, including: (1) avoidance of making policy determinations or recommendations, (2) communication of uncertainties, (3) dissenting members' views, and (4) periodic reviews to ensure that such activities address the most important scientific issues affecting EPA. (Sec. 3) Prohibits this Act from being construed as supplanting the requirements of the Federal Advisory Committee Act or the Ethics in Government Act of 1978.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Education and Training for Health Act of 2015'' or the ``EAT for Health Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) According to 2013 national health expenditure data, United States health care spending increased 3.6 percent to reach $2.9 trillion, or $9,255 per person, and accounted for 17.4 percent of Gross Domestic Product (GDP). (2) According to the Institute of Medicine, in 2012 estimates of health care costs attributed over 75 percent of national health expenditures to treatment for chronic diseases. (3) A March 2003 report from the World Health Organization concluded diet was a major cause of chronic diseases. (4) Seven out of 10 deaths among people in the United States each year are from chronic diseases such as cardiovascular disease, obesity, diabetes, and cancer. (5) According to the Centers for Disease Control and Prevention, in 2013 heart disease was the leading cause of death for American adults. Approximately 600,000 American adults die each year from cardiovascular disease. Coronary heart disease alone costs American taxpayers $108.9 billion each year. (6) Research has shown that following a healthful diet can not only reduce symptoms related to cardiovascular disease but can also actually reverse damage done to the arteries. (7) According to the Journal of the American Medical Association, two-thirds of adults in the United States are currently overweight, and half of those overweight individuals are obese. One in three children are overweight, and one-fifth of children are obese. The United States spends about $147 to $210 billion a year on obesity related diseases, including type 2 diabetes, hypertension, heart disease, and arthritis. (8) An estimated 29.1 million people in the United States have diabetes. Another 86 million American adults have prediabetes. The Centers for Disease Control and Prevention predicts that one in three children born in 2000 will develop diabetes at some point in their lives. Total estimated costs of diagnosed diabetes have increased 41 percent, to $245 billion in 2012 from $174 billion in 2007. (9) According to the American Cancer Society, there will be an estimated 1,658,370 new cancer cases diagnosed and 589,430 cancer deaths in the United States in 2015. That is equivalent to about 1,620 deaths per day and accounts for nearly 1 of every 4 deaths. The Agency for Healthcare Research and Quality (AHRQ) estimates that the direct medical costs for cancer in the United States in 2011 were $88.7 billion. (10) According to the Journal of the American College of Nutrition, in 2008 physicians felt inadequately trained to provide proper nutrition advice. Ninety-four percent felt nutrition counseling should be included during primary care visits, but only 14 percent felt adequately trained to provide such counseling. (11) A 1985 National Academy of Sciences report recommended that all medical schools require at least 25 contact hours of nutrition education. According to a 2009 national survey of medical colleges published in Academic Medicine, only 38 percent of medical schools met these minimum standards by requiring 25 hours of nutrition education as part of their general curricula in 2004. By 2010, that number had shrunk to 27 percent. In addition, 30 percent of United States medical schools required a dedicated nutrition course in 2004. Most recently, only 25 percent of such schools required such a course in 2010. (12) According to the Journal of Nutrition in Clinical Practice in 2010, more than half of graduating medical students felt their nutrition education was insufficient. (13) Recognizing the importance of nutrition, Healthy People 2020--the Federal Government's framework for a healthier Nation--includes a goal (NWS-6) to increase the proportion of physician office visits that include counseling or education related to nutrition or weight. According to Healthy People 2020, only 13.8 percent of physician office visits included counseling about nutrition or diet (2010 latest year available). (14) According to Mission: Readiness, one in four Americans cannot serve in the military due to weight. For those serving, the military discharged 4,300 active-duty personnel due to weight problems in 2012. (15) According to the Journal of American Health Promotion, the military spends well over $1 billion a year to treat weight-related health problems such as heart disease and diabetes through its TRICARE health insurance for active duty personnel, reservists, retirees and their families. (16) According to the Centers for Disease Control and Prevention, American Indian or Alaska Native adults are 60 percent more likely to be obese and over twice as likely as to have diabetes compared to White adults. (17) According to the Centers for Disease Control and Prevention, American Indian or Alaska Native adults have the highest rate of diabetes among all minority groups at 15.9 percent. SEC. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES GUIDELINES, AND FEDERAL AGENCIES ANNUAL REPORTS, RELATING TO CERTAIN PRIMARY CARE FEDERAL HEALTH PROFESSIONALS COMPLETING CONTINUING MEDICAL EDUCATION ON NUTRITION. (a) Guidelines.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidelines to Federal agencies for developing procedures and requirements to ensure that every primary care health professional employed full-time for such agencies have continuing education courses relating to nutrition (as described in subsection (c)). (b) Biannual Reports.--Not later than 18 months after the date of the enactment of this Act and each subsequent year, the head of each Federal agency that employs full-time primary care health professionals shall submit to Congress a report attesting, in a form and manner specified by the Secretary of Health and Human Services, to the extent to which the agency has adopted and encouraged the guidelines issued under subsection (a) with respect to such professionals employed by such agency during any portion of the previous year. If the agency, with respect to such previous year, did not fully adopt and encourage such guidelines with respect to such professionals, the head of the agency shall include in the report for the year the percentage of such professionals employed by such agency to furnish primary care services who completed continuing education courses relating to nutrition (as described in subsection (c)). (c) Continuing Education Relating to Nutrition.--For purposes of subsections (a) and (b), continuing education courses relating to nutrition shall include at least content on the role of nutrition in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, or cancer. (d) Definitions.--For purposes of this Act: (1) Continuing education.--The term ``continuing education'' is defined as courses that meet requirements for Continuing Medical Education (CME) or Continuing Education (CE) by medical or nurse practitioner professional organizations or certified accrediting bodies. (2) Nurse practitioner.--The term ``nurse practitioner'' has the meaning given such term in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5)). (3) Physician.--The term ``physician'' has the meaning given such term in section 1861(r)(1) of the Social Security Act (42 U.S.C. 1395x(r)(1)). (4) Primary care health professional.--The term ``primary care health professional'' means a physician or nurse practitioner who furnishes primary care services. (5) Primary care services.--The term ``primary care services'' has the meaning given such term in section 1842(i)(4) of the Social Security Act (42 U.S.C. 1395u(i)(4)), but shall include such services furnished by a nurse practitioner as would otherwise be included if furnished by a physician.
Education and Training for Health Act of 2015 or the EAT for Health Act of 2015 Directs the Department of Health and Human Services to issue guidelines to federal agencies for developing procedures and requirements to ensure that every primary care health professional employed full-time for such agencies have continuing education courses relating to nutrition. Requires each agency to report to Congress annually on the extent to which it has adopted and encouraged such guidelines for such primary care professionals it employed during any portion of the previous year. Requires such courses to: (1) include content on the role of nutrition in the prevention, management, and reversal of obesity, cardiovascular disease, diabetes, or cancer; and (2) meet requirements for Continuing Medical Education or Continuing Education by medical or nurse practitioner professional organizations or certified accrediting bodies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Agroterrorism Prevention Act of 2001''. SEC. 2. PLANT ENTERPRISE TERRORISM. (a) In General.--Section 43 of title 18, United States Code, is amended-- (1) so that the heading for such section reads-- ``Sec. 43. Animal and plant enterprise terrorism''; (2) by striking ``animal enterprise'' each place it appears and inserting ``animal or plant enterprise''; (3) in subsection (a)(2)-- (A) by inserting ``plants,'' after ``including''; (B) by inserting a comma after ``animals''; (4) in subsection (d)(1), by striking ``animal enterprise'' and inserting ``animal or plant enterprise''; (5) in subsection (d)(1)(A), by inserting ``or plants'' after ``animals''; (6) in subsection (d)(1)(B)-- (A) by inserting ``botanical exhibit,'' after ``rodeo''; and (B) by inserting ``or plant'' after ``animal''; and (7) in subsection (d)-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following: ``(5) the term `plant' means any plant (including any plant part) used for, or that is capable of, propagation, including a tree, a tissue culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, a seed, or any plant genetic material contained in bacteria, plasmids, viruses, viroids, or any vector of biological origin that has been modified for, or is capable of carrying genes into plant cells using transgenic processes.''. (b) Clerical Amendment.--The item in the table of sections at the beginning of chapter 3 of title 18, United States Code, that relates to section 43 is amended to read as follows: ``43. Animal and plant enterprise terrorism.''. SEC 3. ENHANCEMENT OF PENALTIES FOR ANIMAL AND PLANT ENTERPRISE TERRORISM. Section 43 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``one year'' and inserting ``five years''; and (2) in subsection (b)-- (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): ``(2) Explosives or arson.--Whoever in the course of a violation of subsection (a) maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used by the animal or plant enterprise shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both.''; and (C) in paragraph (3), as so redesignated, by striking ``under this title and'' and all that follows through the period and inserting ``under this title, imprisoned for life or for any term of years, or sentenced to death.''. SEC. 4. RICO. Section 1961(1) of title 18, United States Code, is amended by striking ``Section 201'' and inserting ``Section 43 (relating to animal and plant enterprise terrorism, section 201''. SEC. 5. NATIONAL AGROTERRORISM INCIDENT CLEARING-HOUSE. (a) In General.--The Director shall establish and maintain a national clearinghouse for information on incidents of crime and terrorism-- (1) committed against or directed at any animal or plant enterprise; (2) committed against or directed at any commercial activity because of the perceived impact or effect of such commercial activity on the environment; or (3) committed against or directed at any person because of such person's perceived connection with or support of any enterprise or activity described in paragraph (1) or (2). (b) Clearinghouse.--The clearinghouse established under subsection (a) shall-- (1) accept, collect, and maintain information on incidents described in subsection (a) that is submitted to the clearinghouse by Federal, State, and local law enforcement agencies, by law enforcement agencies of foreign countries, and by victims of such incidents; (2) collate and index such information for purposes of cross-referencing; and (3) upon request from a Federal, State, or local law enforcement agency, or from a law enforcement agency of a foreign country, provide such information to assist in the investigation of an incident described in subsection (a). (c) Scope of Information.--The information maintained by the clearinghouse for each incident shall, to the extent practicable, include-- (1) the date, time, and place of the incident; (2) details of the incident; (3) any available information on suspects or perpetrators of the incident; and (4) any other relevant information. (d) Design of Clearinghouse.--The clearinghouse shall be designed for maximum ease of use by participating law enforcement agencies. (e) Publicity.--The Director shall publicize the existence of the clearinghouse to law enforcement agencies by appropriate means. (f) Resources.--In establishing and maintaining the clearinghouse, the Director may-- (1) through the Attorney General, utilize the resources of any other department or agency of the Federal Government; and (2) accept assistance and information from private organizations or individuals. (g) Coordination.--The Director shall carry out the Director's responsibilities under this section in co-operation with the Director of the Bureau of Alcohol, Tobacco, and Firearms. (h) Definitions.--In this section-- (1) the term ``animal or plant enterprise'' has the same meaning as in section 43 of title 18, United States Code; and (2) the term ``Director'' means the Director of the Federal Bureau of Investigation. (i) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2002 through 2007 such sums as are necessary to carry out this section. SEC. 6. ANIMAL AND PLANT RESEARCH SECURITY PROGRAMS. (a) In General.-- (1) Grants authorized.--The Director shall-- (A) award grants on a competitive basis to colleges and universities for technical assistance, threat and risk assessments, and other activities related to improving security at individual research universities; and (B) develop a comprehensive security report for universities, colleges and nonprofit organizations which examines the threat posed by animal and plant enterprise terrorism on research activities, and includes strategies for reducing this threat, including education, facility hardening, and coordination with law enforcement. (2) Application.--To be eligible to receive a grant under this section a college or university shall submit to the Director an application in such form and containing such information as the Director may require, including information relating to the security needs of the institution. (3) Priority.--In awarding grants under this section, the Director shall give priority to colleges and universities that demonstrate the highest security needs, as reported in the application submitted under paragraph (2). (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2002, 2003. (c) Definition.--In this section, the term ``Director'' means the Director of the National Science Foundation.
Agroterrorism Prevention Act of 2001 - Amends the Federal criminal code to prohibit plant enterprise terrorism. Enhances penalties for animal enterprise terrorism and establishes penalties for plant enterprise terrorism. Prohibits the use of explosives or arson against the enterprise. Provides for the death penalty under specified circumstances.Makes animal and plant enterprise terrorism a predicate offense under the Racketeer Influenced and Corrupt Organizations Act.Requires the Director of the National Science Foundation to establish and maintain a national clearinghouse for information on incidents of crime and terrorism committed against or directed at any: (1) animal or plant enterprise; (2) commercial activity because of the perceived impact of such activity on the environment; or (3) person because of such person's perceived connection with or support of any enterprise or activity.Requires the Director to: (1) award grants on a competitive basis to colleges and universities for technical assistance, threat and risk assessments, and other activities related to improving security at individual research universities; and (2) develop a comprehensive security report for universities, colleges, and nonprofit organizations which examines the threat posed by animal and plant enterprise terrorism on research activities and includes strategies for reducing such threat.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Firearm Technology and Safety Act of 1998''. SEC. 2. FINDINGS. The Congress finds that-- (1) the National Institute of Justice Science and Technology program has played a critical role in improving law enforcement technology; (2) the National Institute of Justice Science and Technology program has successfully developed standards for soft body armor which have been critical to saving the lives of law enforcement personnel; (3) the National Institute of Justice Science and Technology program is assisting in the successful development of personalized firearms to improve firearms safety; and (4) the National Institute of Justice should continue to focus its resources on improving technology to assist law enforcement in reducing crime, and on making technological improvements in the safety of firearms. SEC. 3. GRANTS TO IMPROVE GUN SAFETY. (a) In General.--The Director of the National Institute of Justice, in consultation with appropriate personnel of the National Institute of Justice who are involved in firearms technology and weapons technology matters, shall make grants to reduce firearms violence through improvements in firearms safety technology, weapons detection technology, and other technology. (b) 3-Year Grants.--A grant awarded under this section shall be paid over a period not exceeding 3 years. (c) Limitations on Authorization of Appropriations.--For grants under this section, there are authorized to be appropriated not more than $20,000,000 for each of fiscal years 1998 through 2002. SEC. 4. INDEPENDENT PANEL ON FIREARMS SAFETY. (a) Establishment.--There is established in the Department of Justice the Independent Panel on Firearms Safety (in this section referred to as the ``Panel''). (b) Duties.-- (1) In general.--The Panel shall-- (A) research how technology can be used in the area of weapons safety improvements to reduce violence; and (B) direct, oversee, and review the work of the Technical Study Group on Firearms Safety. (2) Reports.-- (A) Report to congress on the findings of the technical study group on firearms safety.--Within 90 days after receipt of the report submitted pursuant to section 5(b)(2), the Panel shall submit to the Congress a report on the findings of the Technical Study Group on Firearms Safety. If the report submitted pursuant to such section contains a recommendation for standards governing the design of firearm safety locks, the Panel shall forward the recommendation to the National Institute of Justice. (B) Annual reports.--Within 1 year after the Panel is duly organized and annually thereafter, the Panel shall submit to the Congress a written report detailing the findings of the Panel and making recommendations on such firearms safety improvements as the Panel considers appropriate. (c) Membership.--The Director of the National Institute of Justice, in consultation with the Attorney General, shall appoint to the Panel at least 1 individual from each of the following categories: (1) Representatives from the National Institute of Justice. (2) Law enforcement experts. (3) Representatives from consumer product safety organizations. (4) Representatives of firearms manufacturers. (5) Injury prevention specialists. (6) Firearms technology experts. (7) Experts in other relevant areas. (d) Terms.-- (1) In general.--Each Panel member shall be appointed for the life of the Panel. (2) Vacancies.--A vacancy in the Panel shall be filled in the manner in which the original appointment was made. (e) Compensation.-- (1) Rates of basic pay.--Panel members shall serve without pay. (2) Prohibition of compensation of federal employees.-- Members of the Panel who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Panel. (3) Travel expenses.--Notwithstanding paragraphs (1) and (2), each Panel member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Procedure.-- (1) Chairperson.--The Director of the National Institute of Justice shall designate a Panel member who is a representative of the National Institute of Justice to be the Chairperson of the Panel (in this Act referred to as the ``Chairperson''). (2) Acting chairperson.--The Panel members, by majority vote, shall select a Panel member to serve as the acting Chairperson when the Chairperson is unable to so serve. (3) Meetings.--The Panel shall meet at the call of the Chairperson. (4) Quorum.--A majority of Panel members of the Panel shall constitute a quorum but a lesser number may hold hearings. (g) Professional, Administrative, and Technical Support.--The Attorney General shall provide the Panel with the administrative, professional, and technical support required by the Panel to carry out the duties of the Panel under this Act. (h) Powers.-- (1) Hearings and sessions.--For the purpose of carrying out this section, the Panel may, with the advice and consent of the Attorney General and the Director of the National Institute of Justice, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Panel considers appropriate. (2) Obtaining official data.--Subject to other law, the Panel may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. On request of the Chairperson, the head of that department or agency shall furnish that information to the Panel. (3) Mails.--The Panel may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (i) Preservation of Confidentiality.--Section 6 of the Cigarette Safety Act of 1984 shall apply to information provided to the Panel in the same manner in which such section applies to information provided to the Interagency Committee on Cigarette and Little Cigar Fire Safety. (j) Termination.-- (1) In general.--The Panel shall terminate 5 years after the date the Panel is duly organized. (2) Inapplicability of termination rule in the federal advisory committee act.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Panel. SEC. 5. TECHNICAL STUDY GROUP ON FIREARMS SAFETY. (a) Establishment.--There is established in the Department of Justice the Technical Study Group on Firearms Safety (in this section referred to as the ``Technical Study Group''). (b) Duties.-- (1) In general.--Subject to the oversight and review of the Independent Panel on Firearms Safety, the Technical Study Group shall undertake such studies and activities as the Technical Study Group considers necessary to determine the technical and commercial feasibility, economic impact, and other consequences of developing improvements in firearms safety technology. A main focus of the Technical Study Group shall be to reduce deaths and injuries resulting from the unintended or inappropriate discharge of firearms. The initial research conducted by the Technical Study Group should be a study of the reliability of firearm safety locks and a determination as to whether the locks prevent the unintended discharge of firearms. (2) Report.--Within 9 months after the date the Technical Study Group is duly organized, the Technical Study Group shall submit to the Independent Panel on Firearms Safety a report on the findings of the Technical Study Group. If the Technical Study Group determines that firearm safety locks can prevent the unintended discharge of firearms, the report shall include a recommendation for standards governing the design of firearm safety locks. (c) Membership.-- (1) Appointment.-- (A) NIJ experts.--The Director of the National Institute of Justice shall appoint to the Technical Study Group personnel and agents of the National Institute of Justice with technical or scientific expertise. (B) NIST experts.--The Director of the National Institute of Standards and Technology shall appoint to the Technical Study Group personnel of the National Institute of Standards and Technology with technical or scientific expertise. (C) BATF experts.--The Director of the Bureau of Alcohol, Tobacco and Firearms shall appoint to the Technical Study Group personnel of the Bureau with technical or scientific expertise. (D) CPSC experts.--The Director of the Consumer Product Safety Commission shall appoint to the Technical Study Group personnel of the Commission with technical or scientific expertise. (E) HHS experts.--The Secretary of Health and Human Services shall appoint to the Technical Study Group personnel of the Department of Health and Human Services with technical or scientific expertise. (F) DOJ experts.--The Attorney General, shall appoint to the Technical Study Group personnel of the Department of Justice with technical or scientific expertise. (G) Independent experts.--The Chairperson of the Independent Panel on Firearms Safety shall appoint to the Technical Study Group 4 individuals who are not officers or employees of any government, each of whom have scientific or technical expertise in law enforcement, firearms manufacturing, weapons detection technology, injury prevention, and consumer safety, respectively. (d) Procedure.--With the advice and consent of the Independent Panel on Firearms Safety, the Technical Study Group may designate, from among the Technical Study Group members, such persons to serve as team leaders, coordinators, or chairpersons, as the Technical Study Group deems necessary or appropriate to carry out the functions of the Technical Study Group. (e) Preservation of Confidentiality.--Section 6 of the Cigarette Safety Act of 1984 shall apply to information provided to the Technical Study Group in the same manner in which such section applies to information provided to the Technical Study Group on Cigarette and Little Cigar Fire Safety. (f) Applicability of Certain Rules Governing the Independent Panel on Firearms Safety.--Subsections (d), (e), (g), (h), and (j) of section 4 shall apply to the Technical Study Group in the same manner in which such subsections apply to the Independent Panel on Firearms Safety.
21st Century Firearm Technology and Safety Act of 1998 - Directs the Director of the National Institute of Justice to make grants to reduce firearms violence through improvements in firearms safety technology, weapons detection technology, and other technology. Authorizes appropriations for FY 1998 through 2002. Establishes in the Department of Justice the Independent Panel on Firearms Safety to: (1) research how technology can be used in the area of weapons safety improvements to reduce violence; and (2) direct, oversee, and review the work of the Technical Study Group on Firearms Safety. Requires the Panel to: (1) report to the Congress on the findings of the Technical Study Group on Firearms Safety (established in the Department under this Act); and (2) if the report contains a recommendation for standards governing the design of firearm safety locks, forward the recommendation to the National Institute of Justice. Requires the Panel to submit to the Congress annual reports detailing its findings and recommendations on such firearms safety improvements as the Panel considers appropriate. Terminates the Panel five years after the date it is organized. Requires the Group to undertake such studies and activities as it considers necessary to determine the technical and commercial feasibility, economic impact, and other consequences of developing improvements in firearms safety technology. States that: (1) a main focus of the Group shall be to reduce deaths and injuries resulting from the unintended or inappropriate discharge of firearms; and (2) the Group's initial research should be a study of the reliability of firearm safety locks and a determination as to whether the locks prevent the unintended discharge of firearms. Requires the Group to: (1) report to the Panel on its findings; and (2) include in the report a recommendation for standards governing the design of firearm safety locks if the Group determines that firearm safety locks can prevent the unintended discharge of firearms.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy High-End Computing Revitalization Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Center.--The term ``Center'' means a High-End Software Development Center established under section 3(d). (2) High-end computing system.--The term ``high-end computing system'' means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications. (3) Leadership system.--The term ``Leadership System'' means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Director of the Office of Science of the Department of Energy. SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--The Secretary shall-- (1) carry out a program of research and development (including development of software and hardware) to advance high-end computing systems; and (2) develop and deploy high-end computing systems for advanced scientific and engineering applications. (b) Program.--The program shall-- (1) support both individual investigators and multidisciplinary teams of investigators; (2) conduct research in multiple architectures, which may include vector, reconfigurable logic, streaming, processor-in- memory, and multithreading architectures; (3) conduct research on software for high-end computing systems, including research on algorithms, programming environments, tools, languages, and operating systems for high-end computing systems, in collaboration with architecture development efforts; (4) provide for sustained access by the research community in the United States to high-end computing systems and to Leadership Systems, including provision of technical support for users of such systems; (5) support technology transfer to the private sector and others in accordance with applicable law; and (6) ensure that the high-end computing activities of the Department of Energy are coordinated with relevant activities in industry and with other Federal agencies, including the National Science Foundation, the Defense Advanced Research Projects Agency, the National Nuclear Security Administration, the National Security Agency, the National Institutes of Health, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Institutes of Standards and Technology, and the Environmental Protection Agency. (c) Leadership Systems Facilities.-- (1) In general.--As part of the program carried out under this Act, the Secretary shall establish and operate 1 or more Leadership Systems facilities to-- (A) conduct advanced scientific and engineering research and development using Leadership Systems; and (B) develop potential advancements in high-end computing system hardware and software. (2) Administration.--In carrying out this subsection, the Secretary shall provide to Leadership Systems, on a competitive, merit-reviewed basis, access to researchers in United States industry, institutions of higher education, national laboratories, and other Federal agencies. (d) High-End Software Development Center.-- (1) In general.--As part of the program carried out under this Act, the Secretary shall establish at least 1 High-End Software Development Center. (2) Duties.--A Center shall concentrate efforts to develop, test, maintain, and support optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems. (3) Proposals.--In soliciting proposals for the Center, the Secretary shall encourage staffing arrangements that include both permanent staff and a rotating staff of researchers from other institutions and industry to assist in coordination of research efforts and promote technology transfer to the private sector. (4) Use of expertise.--The Secretary shall use the expertise of a Center to assess research and development in high-end computing system architecture. (5) Selection.--The selection of a Center shall be determined by a competitive proposal process administered by the Secretary. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. In addition to amounts otherwise made available for high-end computing, there are authorized to be appropriated to the Secretary to carry out this Act-- (1) $50,000,000 for fiscal year 2005; (2) $55,000,000 for fiscal year 2006; and (3) $60,000,000 for fiscal year 2007. SEC. 5. ASTRONOMY AND ASTROPHYSICS ADVISORY COMMITTEE. (a) Amendments.--Section 23 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-9) is amended-- (1) in subsection (a) and paragraphs (1) and (2) of subsection (b), by striking ``and the National Aeronautics and Space Administration'' and inserting ``, the National Aeronautics and Space Administration, and the Department of Energy''; (2) in subsection (b)(3), by striking ``Administration, and'' and inserting ``Administration, the Secretary of Energy, ''; (3) in subsection (c)-- (A) in paragraphs (1) and (2), by striking ``5'' and inserting ``4''; (B) in paragraph (2), by striking ``and'' at the end; (C) by redesignating paragraph (3) as paragraph (4), and in that paragraph by striking ``3'' and inserting ``2''; and (D) by inserting after paragraph (2) the following: ``(3) 3 members selected by the Secretary of Energy; and (4) in subsection (f), by striking ``the advisory bodies of other Federal agencies, such as the Department of Energy, which may engage in related research activities'' and inserting ``other Federal advisory committees that advise Federal agencies that engage in related research activities''. (b) Effective Date.--The amendments made by subsection (a) take effect on March 15, 2005. SEC. 6. REMOVAL OF SUNSET PROVISION FROM SAVINGS IN CONSTRUCTION ACT OF 1996. Section 14 of the Metric Conversion Act of 1975 (15 U.S.C. 205l) is amended by striking subsection (e). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Department of Energy High-End Computing Revitalization Act of 2004 - (Sec. 3) Directs the Secretary of Energy to: (1) implement a research and development program (involving software and hardware development) to advance high-end computing systems; and (2) develop and deploy them for advanced scientific and engineering applications. Details program functions, including research in: (1) multiple architectures, which may include vector, reconfigurable logic, streaming, processor-in-memory, and multithreading architectures; and (2) software development on optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems, in collaboration with architecture development efforts. Directs the Secretary to establish and operate facilities to: (1) conduct advanced scientific and engineering research and development using Leadership Systems; (2) develop potential advancements in high-end computing system hardware and software; and (3) provide access to such Systems on a competitive, merit-reviewed basis to researchers in U.S. industry, institutions of higher education, national laboratories, and other Federal agencies. Directs the Secretary to: (1) establish at least one High-End Software Development Center which shall concentrate efforts to develop, test, maintain, and support optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems; and (2) use the expertise of a Center to assess research and development in high-end computing system architecture. (Sec. 4) Authorizes appropriations for FY 2005 through 2007. (Sec. 5) Amends the National Science Foundation Authorization Act of 2002 to make the Department of Energy, along with the National Science Foundation and the National Aeronautics and Space Administration (NASA) (as under existing law), one of three specified Federal agencies jointly establishing the Astronomy and Astrophysics Advisory Committee. Revises Advisory Committee membership to include three members selected by the Secretary of Energy. (Sec. 6) Amends the the Metric Conversion Act of 1975 and the Savings in Construction Act of 1996 to repeal the expiration date of (thereby making permanent) Federal agency authority to require metric system specifications (subject to certain conditions for specifications that can only be satisfied by hard-metric versions) for concrete masonry units and recessed lighting fixtures in a solicitation for design or construction of a Federal facility within the United States or its territories.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Access to a Responsible Accounting of Trade Act of 2000''. TITLE I--PROHIBITION ON IMPORTS SEC. 101. PROHIBITION ON IMPORTS. No diamonds that have been mined in or exported from the Republic of Sierra Leone, the Republic of Liberia, Burkina Faso, the Republic of Cote d'Ivoire, the Republic of Angola, Guinea, Togo, or Ukraine may be imported into the United States, except for diamonds-- (1) the country of origin of which has been certified as the Republic of Sierra Leone by the internationally recognized government of that country, in accordance with United Nations Security Council Resolution 1306 July 5, 2000; or (2) the country of origin of which has been certified as the Republic of Angola by the internationally recognized government of that country, in accordance with United Nations Security Council Resolution 1173 of June 12, 1998. SEC. 102. WAIVERS. (a) Certification of No Transshipment.--The Secretary of the Treasury may waive the prohibition under section 101 with respect to a country listed in that section if the Secretary certifies to the Congress that diamonds mined in Sierra Leone or Angola are not being transshipped through that country for the purpose of evading any prohibition on trade in diamonds exported from Sierra Leone or Angola. (b) National Security Interests.--The President may waive the prohibition under section 101 with respect to a country listed in that section if the President-- (1) determines that it is in the national security interests of the United States to exercise the waiver; and (2) transmits that determination, together with reasons for the determination, to the Congress. TITLE II--CERTIFICATES OF ORIGIN SEC. 201. CERTIFICATES AND STATEMENTS INDICATING COUNTRY OF MINING. (a) In General.-- (1) Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, in concurrence with the Special Representative on Conflict Diamonds appointed under section 401, and after consultation with appropriate organizations, Federal agencies, and members of the public, shall issue regulations requiring-- (A) diamonds, and (B) products made in whole or in part from diamonds, which enter, or are withdrawn from warehouse for consumption, into the customs territory of the United States to be accompanied by a certificate stating the English name (or unmistakable abbreviation) of the country in which the diamonds were mined. Such certificate shall be legible and reasonably conspicuous on the outermost container in which the diamonds or diamond products ordinarily are sold to the ultimate purchaser in the United States. (2) The importer of record of diamonds or diamond products shall be responsible for the certificate required by paragraph (1). (b) Requirement Applicable to Parcels of Diamonds.--The Secretary of the Treasury may by regulation provide that the requirements of subsection (a) apply to parcels of diamonds that are imported, rather than individual diamonds. SEC. 202. ENFORCEMENT. (a) In General.--Whenever the Secretary of the Treasury determines that a person has violated section 201 or regulations issued thereunder, the Secretary may issue an order assessing a civil penalty of not more than $50,000 for each violation or requiring compliance with such section, or the Secretary may commence in the United States district court for the district in which the violation occurred a civil action for appropriate relief, including a preliminary or permanent injunction. (b) Criminal Penalties.--Any person who willfully or with the intent to defraud violates subsection (a) or (b) of section 201, or any regulation issued thereunder, shall-- (1) upon conviction for the first violation under this subsection, be fined not more than $100,000, or imprisoned for not more than 1 year, or both; and (2) upon conviction for the second or any subsequent violation under this subsection, be fined not more than $250,000, or imprisoned for not more than 1 year, or both. (c) Exemption.--If diamonds or diamond products do not comply with any requirement of subsection (a) or (b) of section 201 or any regulation issued thereunder, and the Secretary determines that no fraud or willful neglect was involved in the failure to so comply, the Secretary shall afford the person responsible for complying with such requirement a reasonable opportunity to provide the certificate required by section 201(a) or the statement required by section 201(b), as the case may be. SEC. 203. EXEMPTION AND WAIVERS. (a) Exemption.--The Secretary of the Treasury, in concurrence with the Special Representative on Conflict Diamonds appointed under section 401, may exempt from the requirements of section 201 diamonds and diamond products that are valued below a minimum dollar amount determined by the Secretary. (b) Waivers.--The Secretary of the Treasury may waive the requirements of section 201 for periods of not more than 1 year each if, for each waiver-- (1) the Secretary determines that-- (A) it is not possible to determine, in a cost- effective manner, the country in which the diamonds imported into the United States were mined; or (B) an effective system, such as the system described in title III, is otherwise being implemented that prevents the importation of diamonds, revenues from the sale of which would be used to support continued conflict in the regions in which the diamonds were mined; and (2) the Secretary submits that determination, and the basis for the determination, to the Congress. SEC. 204. REPORTS BY SECRETARY OF THE TREASURY. The Secretary of the Treasury and the Special Representative on Conflict Diamonds shall, not later than 6 months after the date of the enactment of this Act, and not later than the end of each 12-month period thereafter, submit to the Congress a joint report on the feasibility of identifying the country in which diamonds, both rough and cut, were mined. TITLE III--INTERNATIONAL EFFORTS SEC. 301. FINDINGS. The Congress finds that-- (1) the use of funds from the illegitimate diamond trade to support conflicts in Africa has devastating effects on the peoples of the regions involved in the conflicts; (2) United Nations Security Council Resolutions 1306 and 1237 prohibit the importation of rough diamonds from Sierra Leone and Angola, except those accompanied by a certificate of origin issued by the government of that country; and (3) the initiative of the diamond industry, as presented in the Resolution of the World Federation of Diamond Bourses and the International Diamond Manufacturers Association in Antwerp on July 19, 2000, as well as the progress of the South African led Working Group on African Diamonds, in developing proposals for a global certification and monitoring system for diamonds, are important steps toward international controls on ``conflict'' diamonds. SEC. 302. ACTION BY EXECUTIVE BRANCH. The Congress urges the President-- (1) to take immediate action to develop and implement, together with other governments and organizations, an effective international system for controlling trade in rough diamonds and to direct the appropriate Federal departments and agencies to begin planning for implementation of such a system; and (2) once a global certificate of origin system for rough diamonds is in place, including forgery-proof certificates of exports, secure packaging, import and export controls, and an international diamond database, to take appropriate steps to fully adhere to this system, and to actively promote international compliance. TITLE IV--SPECIAL REPRESENTATIVE ON CONFLICT DIAMONDS SEC. 401. SPECIAL REPRESENTATIVE ON CONFLICT DIAMONDS. (a) Appointment.--The President shall, not later than 3 months after the date of the enactment of this Act, appoint a Special Representative on Conflict Diamonds. The Special Representatives on Conflict Diamonds shall hold office at the pleasure of the President and shall have the rank of Ambassador. (b) Functions.--The Special Representative on Conflict Diamonds shall have the following functions: (1) To serve as chairperson of an interagency working group established by the President to address the issues relating to the use of proceeds from the sale of diamonds mined in certain regions in Africa to support armed conflict in the countries in these regions. The interagency group shall include representatives of the Department of the Treasury (including the Customs Service), the Policy and Planning Staff and the Bureau of Democracy, Human Rights, and Labor of the Department of State, the Office of the United States Trade Representative, and the Department of Commerce. (2) To represent the United States at international meetings on the issues described in paragraph (1). (c) Reports to Congress.--The Special Representative on Conflict Diamonds shall submit to the Congress, not later than 6 months after the date of the enactment of this Act, and not later than the end of each 6-month period thereafter, a report on the following: (1) In consultation with the intelligence community, on the export of diamonds-- (A) from countries subject to an embargo imposed by the United Nations on imports of diamonds from those countries; and (B) from countries through which diamonds subject to such an embargo are transshipped in order to evade the embargo, including Liberia, Burkina Faso, Togo, Cote D'Ivoire, and Ukraine. (2) On the development of the proposals relating to the commercial importation of rough diamonds that were adopted in the resolution of the World Federation of Diamond Bourses and the International Diamond Manufacturers Association in Antwerp on July 19, 2000, including the status of-- (A) regulations of the countries that are the major exporters and importers of diamonds, relating to exports and imports of diamonds; (B) international monitoring and inspection of diamonds that are traded; and (C) an international computer registry of diamonds, and a means of determining the indigenous mining resources of exporting countries. (3) On the development of technologies to mark diamonds and technologies to identify the source of diamonds after they are polished.
Title II: Certificates of Origin - Directs the Secretary of the Treasury to issue regulations requiring diamonds (including products made in whole or in part from diamonds) which enter, or are withdrawn from warehouse for consumption, into the U.S. customs territory to be accompanied by a certificate stating the English name (or unmistakable abbreviation) of the country in which the diamonds were mined. Sets forth both civil and criminal penalties for violations of the requirements of this Act. Title III: International Efforts - Urges the President to: (1) take immediate action to develop and implement an effective international system for controlling trade in rough diamonds, and to direct the appropriate Federal agencies to begin implementation of such a system; and (2) once a global certificate of origin system for rough diamonds is in place, take appropriate steps to fully adhere to such system, and to actively promote international compliance. Title IV: Special Representative on Conflict Diamonds - Directs the President to appoint a Special Representative on Conflict Diamonds to: (1) serve as chairperson of an interagency working group, which the President shall also establish to address issues relating to the use of proceeds from the sale of diamonds mined in certain regions in Africa to support armed conflict there; and (2) represent the United States at international meetings with respect to such issues.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Venezuelan Liberty Act''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VENEZUELANS. (a) Adjustment of Status.-- (1) In general.--The status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2014; and (B) 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 (8 U.S.C. 1182(a)) shall not apply. (2) Rules in applying certain provisions.--In the case of an alien described in subsection (b) or (d) who is applying for adjustment of status under this section-- (A) the provisions of section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply; and (B) the Secretary of Homeland Security may grant the alien a waiver on the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). In granting waivers under subparagraph (B), the Secretary shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9). (3) 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 of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Secretary of Homeland Security grants the application, the Attorney General shall cancel the order. If the Secretary of Homeland Security 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.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien who is a national of Venezuela and who has been physically present in the United States for a continuous period, beginning on a date during the required presence period and ending on the date the application for adjustment under such subsection is adjudicated, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods not exceeding 180 days. (2) Proof of commencement of continuous presence.--For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced during the required presence period, an alien-- (A) shall demonstrate that the alien, during the required presence period-- (i) applied to the Secretary of Homeland Security for asylum; (ii) was issued an order to show cause under the Immigration and Nationality Act; (iii) was placed in exclusion, deportation, or removal proceedings under such Act; (iv) applied for adjustment of status under section 245 of such Act (8 U.S.C. 1255); (v) applied to the Secretary of Homeland Security for employment authorization; (vi) performed service, or engaged in a trade or business, within the United States which is evidenced by records maintained by the Commissioner of Social Security; or (vii) applied for any other benefit under the Immigration and Nationality Act by means of an application establishing the alien's presence in the United States during the required presence period; or (B) shall make such other demonstration of physical presence as the Secretary of Homeland Security may provide for by regulation. (c) Stay of Removal; Work Authorization.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien subject to a final order of 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 order any alien to be removed from the United States if the alien is in removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Secretary of Homeland Security has rendered a final administrative determination to deny the application. (3) Work authorization.--The Secretary of Homeland Security 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 that if such application is pending for a period exceeding 180 days, and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--The status of an alien shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is a national of Venezuela; (B) the alien-- (i) 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), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the United States for a continuous period beginning on a date during the required presence period and ending on the date on which the application for adjustment under this subsection is adjudicated; or (ii) was, at the time at which an alien filed for adjustment under subsection (a), the spouse or child of an alien whose status is adjusted, or was eligible for adjustment, to that of an alien lawfully admitted for permanent residence under subsection (a), and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the alien that filed for adjustment under subsection (a); (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; (D) 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 (8 U.S.C. 1182(a)) shall not apply; and (E) applies for such adjustment before April 1, 2014. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien-- (A) shall demonstrate that such period commenced during the required presence period in a manner consistent with subsection (b)(2); and (B) shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period not exceeding 180 days. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255). (f) 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. (g) Definition.--For purposes of this Act, the term ``required presence period'' means the period beginning on February 2, 1999, and ending on March 4, 2013. (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 Secretary of Homeland Security 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.
Venezuelan Liberty Act - Provides for the adjustment to permanent resident status of a national of Venezuela who has maintained a required physical presence in the United States during the period beginning on February 2, 1999, and ending on March 4, 2013, and who, during such period, applied for asylum and was placed in exclusion, deportation, or removal proceedings. Requires individuals to apply for adjustment before April 1, 2014.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Expanding Patients' Access to Quality Care Act of 2013''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Modification of Stark requirements for certain hospitals that were under construction or development as of December 30, 2010. Sec. 3. Modifying Stark requirements for applicable hospitals to qualify for expansion of facility capacity. Sec. 4. Additional exception for physician ownership and investment for hospitals in financial distress. SEC. 2. MODIFICATION OF STARK REQUIREMENTS FOR CERTAIN HOSPITALS THAT WERE UNDER CONSTRUCTION OR DEVELOPMENT AS OF DECEMBER 30, 2010. Section 1877(i) of the Social Security Act (42 U.S.C. 1395nn(i)) is amended-- (1) in paragraph (1)(A)-- (A) in the matter preceding clause (i), by striking ``had''; (B) in clause (i), by striking ``; and'' and inserting the following: ``, and had a provider agreement under section 1866 in effect on such date or was under construction or was under development (as defined in paragraph (7)(A)) on such date; or''; and (C) by striking clause (ii); (2) in paragraph (1)(B), by inserting before the period at the end the following: ``or if the hospital was under construction or under development on December 31, 2010, no greater than the number of operating rooms, procedure rooms, and beds for which the hospital is licensed as of the date the hospital had a provider agreement in effect under section 1866''; (3) in paragraph (1)(D)(i), by inserting before the period at the end the following: ``or if the hospital was under construction or under development on December 31, 2010, as of the date the hospital had a provider agreement in effect under section 1866''; (4) in paragraph (3)(C)(iii), by inserting after ``December 31, 2010,'' the following: ``or in the case of a hospital that did not have a provider agreement in effect as of such date but was under construction or under development on such date,''; and (5) by adding at the end the following new paragraph: ``(7) Definitions.--For purposes of this subsection: ``(A) Under development.--A hospital shall be treated as being `under development' on December 31, 2010, if on or before such date the hospital-- ``(i) submitted its enrollment application for a Medicare provider agreement; ``(ii) had a binding written agreement with an outside, unrelated party for the actual design, construction, renovation, lease, or demolition for a hospital, and has expended at least 10 percent of the estimated cost of the project (or, if less, $1,000,000); or ``(iii) obtained a certificate of need in a State where one is required.''. SEC. 3. MODIFYING STARK REQUIREMENTS FOR APPLICABLE HOSPITALS TO QUALIFY FOR EXPANSION OF FACILITY CAPACITY. Section 1877(i)(3) of the Social Security Act (42 U.S.C. 1395nn(i)(3)) is amended-- (1) by striking subparagraphs (A), (E), (F), (H), and (I); (2) by amending subparagraph (B) to read as follows: ``(B) Limitation on frequency of increases.--A hospital may not effect an increase described in subparagraph (C) more often than once every 2 years.''; (3) in subparagraphs (C) and (D), by striking ``an applicable hospital'' and ``the applicable hospital'' and inserting ``a hospital'' and ``the hospital'', respectively, each place it appears; (4) in subparagraph (C)(i)-- (A) by striking ``granted an exception under the process described in subparagraph (A)''; (B) by striking ``has been granted a previous exception under this paragraph'' and inserting ``has had a previous increase under this subsection''; and (C) by striking ``such an exception'' and inserting ``this paragraph''; and (5) in subparagraph (C)(ii), by striking ``The Secretary shall not permit an increase in'' and inserting ``A hospital may not increase''. SEC. 4. ADDITIONAL EXCEPTION FOR PHYSICIAN OWNERSHIP AND INVESTMENT FOR HOSPITALS IN FINANCIAL DISTRESS. Section 1877(i) of the Social Security Act (42 U.S.C. 1395nn(i)) is amended-- (1) in paragraph (1)(A), as amended by section 2(1), by inserting after clause (i) the following new clause: ``(ii) had a provider agreement under section 1866 in effect December 31, 2010, as of such date did not have physician ownership or investment, but after such date is determined to be in financial distress (as defined in paragraph (7)(B)).''; (2) in paragraph (1)(D)(i), by inserting before the period at the end the following: ``, except that such percentage limitation shall not apply to a hospital determined to be in financial distress (as defined in paragraph (7)(B))''; and (3) in paragraph (7), as added by section 2(5), by adding at the end the following new paragraph: ``(B) Financial distress.--A hospital shall be treated as being `in financial distress' for a cost reporting period if the Secretary determines that the hospital has had an overall negative combined Medicare inpatient prospective payment system and outpatient prospective payment system operating margin for the most recent 3 consecutive cost reporting periods for which data are available. Once the Secretary makes a determination that a hospital has such a negative operating margin for a cost reporting period, the Secretary may not reverse such determination for such period. A hospital that is treated as being in financial distress under this subparagraph for a cost reporting period shall continue to be so treated for all subsequent cost reporting periods as being in financial distress without regard to changes in the hospital's operating margin.''.
Expanding Patients' Access to Quality Care Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act with respect to: (1) the limitation on certain physician referrals to hospitals in which the physician or an immediate family member has an ownership or investment interest exceeding a specified amount; and (2) the rural provider and hospital exception to the physician ownership or investment prohibition. Extends the rural provider and hospital exception to hospitals that were under construction or development as of December 30, 2010, and hospitals in financial distress. Defines "financial distress" for a cost reporting period as one in which a hospital has had an overall negative combined Medicare inpatient prospective payment system and outpatient prospective payment system operating margin for the most recent three consecutive cost reporting periods for which data are available. Eliminates the process for applying for such an exception for expansions of hospital facility capacity. Limits increases in facility capacity to those hospitals that have had a previous increase.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Education Enhancement Opportunities Act of 2006''. SEC. 2. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER THE MONTGOMERY GI BILL. (a) In General.--Chapter 30 of title 38, United States Code, is amended by inserting after section 3018C the following new section: ``Sec. 3018D. Opportunity for certain active-duty personnel to enroll ``(a)(1) Notwithstanding any other provision of law, an individual described in subsection (b) who makes an irrevocable election under this section during the one-year period beginning on the date of the enactment of this section, shall be entitled to basic educational assistance under this chapter. ``(2) The Secretary of each military department shall provide for procedures for a qualified individual to make an irrevocable election under this section in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy. ``(b) An individual described in this subsection is an individual who-- ``(1) first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces on or after January 1, 1977, and before July 1, 1985; ``(2) has served on active duty without a break in service since the date the individual first became such a member or first entered on active duty as such a member and continues to serve on active duty for some or all of the one-year period referred to in subsection (a); ``(3) has not enrolled in the educational benefits program provided by chapter 32 of this title; ``(4) before making an election under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree; and ``(5) when discharged or released from active duty, is discharged or released therefrom with an honorable discharge. ``(c)(1) Subject to the succeeding provisions of this subsection, with respect to an individual described in subsection (b) who makes an election under this section to become entitled to basic educational assistance under this chapter-- ``(A) the basic pay of the individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such basic pay is reduced is $2,700; and ``(B) to the extent that the basic pay of the individual is not so reduced before the qualified individual's discharge or release from active duty as specified in subsection (b)(4), at the election of the qualified individual, the Secretary concerned shall collect from the qualified individual or reduce the retired or retainer pay of the qualified individual by an amount equal to the difference between $2,700 and the total amount of reductions under subparagraph (A), which shall be paid into the Treasury of the United States as miscellaneous receipts. ``(2)(A) The Secretary concerned shall provide for an 18-month period, beginning on the date the individual makes an election under this section, for the individual to pay that Secretary the amount due under paragraph (1). ``(B) Nothing in subparagraph (A) shall be construed as modifying the period of eligibility for and entitlement to basic educational assistance under this chapter applicable under section 3031 of this title. ``(d) With respect to individuals described in subsection (b) from whom the Secretary is required to collect an amount under paragraph (1) of subsection (c), no amount of educational assistance allowance under this chapter shall be paid to the individual until the earlier of the date on which-- ``(1) the Secretary concerned collects the applicable amount under subparagraph (A) of such paragraph; or ``(2) the retired or retainer pay of the individual is first reduced under subparagraph (B) of such paragraph. ``(e) The Secretary, in conjunction with the Secretary of Defense, shall provide for notice of the opportunity under this section to elect to become entitled to basic educational assistance under this chapter.''. (b) Conforming Amendments.--Such title is further amended-- (1) in section 3013(d), by striking ``or 3018C'' and inserting ``3018C, or 3018D''; and (2) in section 3017(b)(1) of such title is amended-- (A) in subparagraphs (A) and (C), by striking ``or 3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and (B) in subparagraph (B), by inserting ``or 3018D(c)'' after ``under section 3018C(e)''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of such title is amended by inserting after the item relating to section 3018C the following new item: ``3018D. Opportunity for certain active-duty personnel to enroll.''.
Military Education Enhancement Opportunities Act of 2006 - Allows certain active duty members of the Armed Forces to elect to receive basic educational assistance benefits.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``No Taxpayer Funding for Abortion Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS Sec. 101. Prohibiting taxpayer funded abortions. Sec. 102. Amendment to table of chapters. TITLE II--ELIMINATION OF CERTAIN TAX BENEFITS RELATING TO ABORTION Sec. 201. Deduction for medical expenses not allowed for abortions. Sec. 202. Disallowance of refundable credit for coverage under qualified health plan which provides coverage for abortion. Sec. 203. Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion. Sec. 204. Distributions for abortion expenses from certain accounts and arrangements included in gross income. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. Title 1, United States Code is amended by adding at the end the following new chapter: ``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS ``Sec. ``301. Prohibition on funding for abortions. ``302. Prohibition on funding for health benefits plans that cover abortion. ``303. Limitation on Federal facilities and employees. ``304. Construction relating to separate coverage. ``305. Construction relating to the use of non-Federal funds for health coverage. ``306. Non-preemption of other Federal laws. ``307. Construction relating to complications arising from abortion. ``308. Treatment of abortions related to rape, incest, or preserving the life of the mother. ``309. Application to District of Columbia. ``Sec. 301. Prohibition on funding for abortions ``No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. ``Sec. 302. Prohibition on funding for health benefits plans that cover abortion ``None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. ``Sec. 303. Limitation on Federal facilities and employees ``No health care service furnished-- ``(1) by or in a health care facility owned or operated by the Federal Government; or ``(2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician's or individual's employment, may include abortion. ``Sec. 304. Construction relating to separate coverage ``Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 305. Construction relating to the use of non-Federal funds for health coverage ``Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 306. Non-preemption of other Federal laws ``Nothing in this chapter shall repeal, amend, or have any effect on any other Federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. ``Sec. 307. Construction relating to complications arising from abortion ``Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. This rule of construction shall be applicable without regard to whether the abortion was performed in accord with Federal or State law, and without regard to whether funding for the abortion is permissible under section 308. ``Sec. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother ``The limitations established in sections 301, 302, and 303 shall not apply to an abortion-- ``(1) if the pregnancy is the result of an act of rape or incest; or ``(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``Sec. 309. Application to District of Columbia ``In this chapter: ``(1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). ``(2) The term `Federal Government' includes the government of the District of Columbia.''. SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. The table of chapters for title 1, United States Code, is amended by adding at the end the following new item: ``4. Prohibiting taxpayer funded abortions.................. 301''. TITLE II--ELIMINATION OF CERTAIN TAX BENEFITS RELATING TO ABORTION SEC. 201. DEDUCTION FOR MEDICAL EXPENSES NOT ALLOWED FOR ABORTIONS. (a) In General.--Section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Amounts Paid for Abortion Not Taken Into Account.-- ``(1) In general.--An amount paid during the taxable year for an abortion shall not be taken into account under subsection (a). ``(2) Exceptions.--Paragraph (1) shall not apply to-- ``(A) an abortion-- ``(i) in the case of a pregnancy that is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy, and ``(B) the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 202. DISALLOWANCE OF REFUNDABLE CREDIT FOR COVERAGE UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES COVERAGE FOR ABORTION. (a) In General.--Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: ``or any health plan that includes coverage for abortions (other than any abortion or treatment described in section 213(g)(2))''. (b) Option To Purchase or Offer Separate Coverage or Plan.-- Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: ``(C) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act).''. (c) Effective Date.--The amendment made by this section shall apply to taxable years ending after December 31, 2013. SEC. 203. DISALLOWANCE OF SMALL EMPLOYER HEALTH INSURANCE EXPENSE CREDIT FOR PLAN WHICH INCLUDES COVERAGE FOR ABORTION. (a) In General.--Subsection (h) of section 45R of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Any term'' and inserting the following: ``(1) In general.--Any term'', and (2) by adding at the end the following new paragraph: ``(2) Exclusion of health plans including coverage for abortion.--The terms `qualified health plan' and `health insurance coverage' shall not include any health plan or benefit that includes coverage for abortions (other than any abortion or treatment described in section 213(g)(2)).''. (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. 204. DISTRIBUTIONS FOR ABORTION EXPENSES FROM CERTAIN ACCOUNTS AND ARRANGEMENTS INCLUDED IN GROSS INCOME. (a) Flexible Spending Arrangements Under Cafeteria Plans.--Section 125 of the Internal Revenue Code of 1986 is amended by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and by inserting after subsection (j) the following new subsection: ``(k) Abortion Reimbursement From Flexible Spending Arrangement Included in Gross Income.--Notwithstanding section 105(b), gross income shall include any reimbursement for expenses incurred for an abortion (other than any abortion or treatment described in section 213(g)(2)) from a health flexible spending arrangement provided under a cafeteria plan. Such reimbursement shall not fail to be a qualified benefit for purposes of this section merely as a result of such inclusion in gross income.''. (b) Archer MSAs.--Paragraph (1) of section 220(f) of such Code is amended by inserting before the period at the end the following: ``, except that any such amount used to pay for an abortion (other than any abortion or treatment described in section 213(g)(2)) shall be included in the gross income of such holder''. (c) HSAs.--Paragraph (1) of section 223(f) of such Code is amended by inserting before the period at the end the following: ``, except that any such amount used to pay for an abortion (other than any abortion or treatment described in section 213(g)(2)) shall be included in the gross income of such beneficiary''. (d) Effective Dates.-- (1) FSA reimbursements.--The amendment made by subsection (a) shall apply to expenses incurred with respect to taxable years beginning after the date of the enactment of this Act. (2) Distributions from savings accounts.--The amendments made by subsection (b) and (c) shall apply to amounts paid with respect to taxable years beginning after the date of the enactment of this Act.
No Taxpayer Funding for Abortion Act - Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.) Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District. Excludes an abortion from such prohibitions if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician. Applies such prohibitions to District of Columbia funds. Amends the Internal Revenue Code to disqualify, for purposes of the tax deduction for medical expenses, any amounts paid for an abortion. Excludes from the definition of "qualified health plan" after December 31, 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion. Excludes from the definitions of "qualified health plan" and "health insurance coverage," for purposes of the tax credit for small employer health insurance expenses, any health plan or benefit that includes coverage for abortions. Includes any reimbursements or distributions to pay for an abortion in the gross income of participants in flexible spending arrangements under a tax-exempt cafeteria plan, Archer Medical Savings Accounts (MSAs), and health savings accounts (HSAs). Exempts from the application of such tax provisions: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent All Soring Tactics Act of 2013'' or the ``PAST Act''. SEC. 2. INCREASED ENFORCEMENT UNDER HORSE PROTECTION ACT. (a) Definitions.--Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended-- (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: ``(1)(A) The term `action device' means any boot, collar, chain, roller, or other device that encircles or is placed upon the lower extremity of the leg of a horse in such a manner that it can-- ``(i) rotate around the leg or slide up and down the leg, so as to cause friction; or ``(ii) strike the hoof, coronet band, fetlock joint, or pastern of the horse. ``(B) Such term does not include soft rubber or soft leather bell boots or quarter boots that are used as protective devices.''; and (3) by adding at the end the following new paragraph: ``(6)(A) The term `participate' means engaging in any activity with respect to a horse show, horse exhibition, or horse sale or auction, including-- ``(i) transporting or arranging for the transportation of a horse to or from a horse show, horse exhibition, or horse sale or auction; ``(ii) personally giving instructions to an exhibitor; or ``(iii) being knowingly present in a warm-up area, inspection area, or other area at a horse show, horse exhibition, or horse sale or auction that spectators are not permitted to enter. ``(B) Such term does not include spectating.''. (b) Findings.--Section 3 of the Horse Protection Act (15 U.S.C. 1822) is amended-- (1) in paragraph (3)-- (A) by inserting ``and soring horses for such purposes'' after ``horses in intrastate commerce,''; and (B) by inserting ``in many ways, including by creating unfair competition, by deceiving the spectating public and horse buyers, and by negatively impacting horse sales'' before the semicolon; (2) in paragraph (4), by striking ``and'' at the end; (3) in paragraph (5), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new paragraphs: ``(6) the Inspector General of the Department of Agriculture has determined that the program through which the Secretary inspects horses is inadequate for preventing soring; ``(7) historically, Tennessee Walking Horses, Racking Horses, and Spotted Saddle Horses have been subjected to soring; and ``(8) despite regulations in effect related to inspection for purposes of ensuring that horses are not sore, violations of this Act continue to be prevalent in the Tennessee Walking Horse, Racking Horse, and Spotted Saddle Horse breeds.''. (c) Horse Shows and Exhibitions.--Section 4 of the Horse Protection Act (15 U.S.C. 1823) is amended-- (1) in subsection (a)-- (A) by striking ``appointed'' and inserting ``licensed''; and (B) by adding at the end the following new sentences: ``In the first instance in which the Secretary determines that a horse is sore, the Secretary shall disqualify the horse from being shown or exhibited for a period of not less than 180 days. In the second instance in which the Secretary determines that such horse is sore, the Secretary shall disqualify the horse for a period of not less than one year. In the third instance in which the Secretary determines that such horse is sore, the Secretary shall disqualify the horse for a period of not less than three years.''; (2) in subsection (b) by striking ``appointed'' and inserting ``licensed''; (3) by striking subsection (c) and inserting the following new subsection: ``(c)(1)(A) The Secretary shall prescribe by regulation requirements for the Department of Agriculture to license, train, assign, and oversee persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses at horse shows, horse exhibitions, or horse sales or auctions, for hire by the management of such events, for the purposes of enforcing this Act. ``(B) No person shall be issued a license under this subsection unless such person is free from conflicts of interest, as defined by the Secretary in the regulations issued under subparagraph (A). ``(C) If the Secretary determines that the performance of a person licensed in accordance with subparagraph (A) is unsatisfactory, the Secretary may, after notice and an opportunity for a hearing, revoke the license issued to such person. ``(D) In issuing licenses under this subsection, the Secretary shall give a preference to persons who are licensed or accredited veterinarians. ``(E) Licensure of a person in accordance with the requirements prescribed under this subsection shall not be construed as authorizing such person to conduct inspections in a manner other than that prescribed for inspections by the Secretary (or the Secretary's representative) under subsection (e). ``(2)(A) Not later than 30 days before the date on which a horse show, horse exhibition, or horse sale or auction begins, the management of such show, exhibition, or sale or auction may notify the Secretary of the intent of the management to hire a person or persons licensed under this subsection and assigned by the Secretary to conduct inspections at such show, exhibition, or sale or auction. ``(B) After such notification, the Secretary shall assign a person or persons licensed under this subsection to conduct inspections at the horse show, horse exhibition, or horse sale or auction. ``(3) A person licensed by the Secretary to conduct inspections under this subsection shall issue a citation with respect to any violation of this Act recorded during an inspection and notify the Secretary of each such violation not later than five days after the date on which a citation was issued with respect to such violation.''; and (4) by adding at the end the following new subsection: ``(f) The Secretary shall publish on the public website of the Animal and Plant Health Inspection Service of the Department of Agriculture, and update as frequently as the Secretary determines is necessary, information on violations of this Act for the purposes of allowing the management of a horse show, horse exhibition, or horse sale or auction to determine if an individual is in violation of this Act.''. (d) Unlawful Acts.--Section 5 of the Horse Protection Act (15 U.S.C. 1824) is amended-- (1) in paragraph (2)-- (A) by striking ``or (C) respecting'' and inserting ``(C), or (D) respecting''; and (B) by striking ``and (D)'' and inserting ``(D) causing a horse to become sore or directing another person to cause a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse in any horse show, horse exhibition, or horse sale or auction, and (E)''; (2) in paragraph (3), by striking ``appoint'' and inserting ``hire''; (3) in paragraph (4)-- (A) by striking ``appoint'' and inserting ``hire''; and (B) by striking ``qualified''; (4) in paragraph (5), by striking ``appointed'' and inserting ``hired''; (5) in paragraph (6)-- (A) by striking ``appointed'' and inserting ``hired''; and (B) by inserting ``that the horse is sore'' after ``the Secretary''; and (6) by adding at the end the following new paragraphs: ``(12) The use of an action device on any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse at a horse show, horse exhibition, or horse sale or auction. ``(13) The use of a weighted shoe, pad, wedge, hoof band, or other device or material at a horse show, horse exhibition, or horse sale or auction that-- ``(A) is placed on, inserted in, or attached to any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse; ``(B) is constructed to artificially alter the gait of such a horse; and ``(C) is not strictly protective or therapeutic in nature.''. (e) Violations and Penalties.--Section 6 of the Horse Protection Act (15 U.S.C. 1825) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``Except as provided in paragraph (2) of this subsection, any person who knowingly violates section 5'' and inserting ``Any person who knowingly violates section 5 or the regulations issued under such section, including any violation recorded during an inspection conducted in accordance with section 4(c) or 4(e)''; and (ii) by striking ``more than $3,000, or imprisoned for not more than one year, or both.'' and inserting ``more than $5,000, or imprisoned for not more than three years, or both, for each such violation.''; (B) in paragraph (2)-- (i) by striking subparagraph (A); (ii) by striking ``(2)''; and (iii) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and moving the margins of such paragraphs (as so redesignated) two ems to the left; and (C) by adding at the end the following new paragraph: ``(4) Any person who knowingly fails to obey an order of disqualification shall, upon conviction thereof, be fined not more than $5,000 for each failure to obey such an order, imprisoned for not more than three years, or both.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``section 5 of this Act'' and inserting ``section 5 or the regulations issued under such section''; and (ii) by striking ``$2,000'' and inserting ``$4,000''; and (B) by adding at the end the following new paragraph: ``(5) Any person who fails to pay a licensed inspector hired under section 4(c) shall, upon conviction thereof, be fined not more than $4,000 for each such violation.''; and (3) in subsection (c)-- (A) in the first sentence-- (i) by inserting ``, or otherwise participating in any horse show, horse exhibition, or horse sale or auction'' before ``for a period of not less than one year''; and (ii) by striking ``any subsequent'' and inserting ``the second''; (B) by inserting before ``Any person who knowingly fails'' the following: ``For the third or any subsequent violation, a person may be permanently disqualified by order of the Secretary, after notice and an opportunity for a hearing before the Secretary, from showing or exhibiting any horse, judging or managing any horse show, horse exhibition, or horse sale or auction, or otherwise participating in, including financing the participation of other individuals in, any horse show, horse exhibition, or horse sale or auction (regardless of whether walking horses are shown, exhibited, sold, auctioned, or offered for sale at the horse show, horse exhibition, or horse sale or auction).''; and (C) by striking ``$3,000'' each place it appears and inserting ``$5,000''. (f) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this section, including regulations prescribing the requirements under subsection (c) of section 4 of the Horse Protection Act (15 U.S.C. 1823), as amended by subsection (c)(3). (g) Severability.--If any provision of this Act or any amendment made by this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding.
Prevent All Soring Tactics Act of 2013 or the PAST Act - Amends the Horse Protection Act (HPA) to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.) Directs the Department of Agriculture (USDA) to prescribe regulatory requirements to license, train, assign, and oversee persons who are to be hired by the management of horse shows, exhibitions, sales, or auctions and are qualified to detect and diagnose sore horses or otherwise inspect horses at such events. Prohibits issuing a license to any person unless such person is free from conflicts of interest. Authorizes USDA to revoke a license for unsatisfactory performance. Requires USDA to give a preference to persons who are licensed or accredited veterinarians in issuing the licenses. Requires USDA to assign USDA-licensed inspectors after receiving notice that management intends to hire the inspectors. Directs an inspector to issue a citation for violations and notify USDA of the violations within five days of the citation being issued. Requires USDA to: (1) publish on the Animal and Plant Health Inspection Service's website information on violations of such Act; and (2) disqualify a horse that is sore for specified time periods that increase after the first, second, and third instance. Prohibits a person in any horse show, horse exhibition, or horse sale or auction from causing or directing a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse. Prohibits showing, exhibiting, selling, or auctioning a Tennessee Walking, a Racking, or a Spotted Saddle horse with: (1) an action device that causes friction by rotating around a horse's leg or sliding up and down the leg or strikes the hoof, coronet band, fetlock joint, or pastern of the horse; or (2) a weighted shoe, pad, wedge, hoof band, or other device or material if it is constructed to artificially alter a horse's gait and is not strictly protective or therapeutic. Increases the maximum criminal penalties and maximum civil liability penalties for certain HPA violations. Authorizes USDA to disqualify a violator from: (1) transporting or arranging for the transportation of a horse to or from a show, exhibition, sale, or auction; (2) personally giving instructions to an exhibitor; or (3) being knowingly present in a warm-up area, inspection area, or other area that spectators are not permitted. Permits USDA to permanently disqualify a person with at least three violations after notice and an opportunity for a hearing.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rex Brewer Social Security Disability Fairness and Equity Act of 1998''. SEC. 2. WAITING PERIOD FOR SOCIAL SECURITY DISABILITY BENEFICIARIES INAPPLICABLE TO INDIVIDUALS WITH TERMINAL ILLNESSES. (a) In General.--Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended, in clause (ii) of the first sentence-- (1) by inserting ``(I)'' after ``but only if'', and (2) by inserting ``or (II) he has a terminal illness (as defined in subsection (j)),'' after ``under such disability,''. (b) Terminal Illness Defined.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Definition of Terminal Illness ``(j) As used in this section, the term `terminal illness' means, in the case of any individual, a medically determinable physical impairment which is expected to result in the death of such individual within the next six months.''. (c) Effective Date.--The amendments made by this section shall apply with respect to benefits for which applications are filed on or after the date of the enactment of this Act. SEC. 3. TREATMENT OF PRISONERS UNDER TITLES II AND XVI OF THE SOCIAL SECURITY ACT. (a) Implementation of Prohibition Against Payment of Title II Benefits to Prisoners.-- (1) In general.--Section 202(x)(3) of the Social Security Act (42 U.S.C. 402(x)(3)) is amended-- (A) by inserting ``(A)'' after ``(3)''; and (B) by adding at the end the following new subparagraph: ``(B)(i) The Commissioner shall enter into an agreement, with any interested State or local institution comprising a jail, prison, penal institution, correctional facility, or other institution a purpose of which is to confine individuals as described in paragraph (1)(A), under which-- ``(I) the institution shall provide to the Commissioner, on a monthly basis and in a manner specified by the Commissioner, the names, social security account numbers, dates of birth, confinement commencement dates, and, to the extent available to the institution, such other identifying information concerning the individuals confined in the institution as the Commissioner may require for the purpose of carrying out paragraph (1); and ``(II) except as provided in clause (ii), the Commissioner shall pay to the institution, with respect to information described in subclause (I) concerning each individual who is confined therein as described in paragraph (1)(A), to whom a benefit under this title is payable for the month preceding the first month of such confinement, and whose benefit under this title ceases to be payable as a result of the application of this subsection, $400 (subject to reduction under clause (iii)) if the institution furnishes the information to the Commissioner within 30 days after the date such individual's confinement in such institution begins, or $200 (subject to reduction under clause (iii)) if the institution furnishes the information after 30 days after such date but within 90 days after such date. ``(ii) No amount shall be payable to an institution with respect to information concerning an individual under an agreement entered into under clause (i) if, prior to the Commissioner's receipt of the information, the Commissioner has determined that benefits under this title are no longer payable to such individual as a result of the application of this subsection. ``(iii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 1611(e)(1)(I). ``(iv) There shall be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate, such sums as may be necessary to enable the Commissioner to make payments to institutions required by clause (i)(II). Sums so transferred shall be treated as direct spending for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 and excluded from budget totals in accordance with section 13301 of the Budget Enforcement Act of 1990. ``(v) The Commissioner is authorized to provide, on a reimbursable basis, information obtained pursuant to agreements entered into under clause (i) to any Federal or federally-assisted cash, food, or medical assistance program for eligibility purposes.''. (2) Effective date.--The amendments made by this subsection shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted. (b) Elimination of Title II Requirement That Confinement Stem From Crime Punishable by Imprisonment for More Than 1 Year.-- (1) In general.--Section 202(x)(1)(A) of such Act (42 U.S.C. 402(x)(1)(A)) is amended-- (A) in the matter preceding clause (i), by striking ``during'' and inserting ``throughout''; (B) in clause (i), by striking ``an offense punishable by imprisonment for more than 1 year (regardless of the actual sentence imposed)'' and inserting ``a criminal offense''; and (C) in clause (ii)(I), by striking ``an offense punishable by imprisonment for more than 1 year'' and inserting ``a criminal offense''. (2) Effective date.--The amendments made by this subsection shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted. (c) Conforming Title XVI Amendments.-- (1) Preclusion of title xvi payment when information furnished by an institution is already known by the commissioner.--Section 1611(e)(1)(I) of the Social Security Act (42 U.S.C. 1382(e)(1)(I)) is amended-- (A) in clause (i)(II), by inserting ``except as provided in clause (ii),'' after ``(II)''; (B) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (C) by inserting after clause (i) the following new clause: ``(ii) No amount shall be payable to an institution with respect to information concerning an inmate under an agreement entered into under clause (i) if, prior to the Commissioner's receipt of the information, the Commissioner has determined that the inmate is no longer an eligible individual or eligible spouse for purposes of this title as a result of the application of this paragraph.''. (2) Fifty percent reduction in title xvi payment in case involving comparable title ii payment.--Section 1611(e)(1)(I) of such Act (as amended by paragraph (1)) is amended further-- (A) in clause (i)(II), by inserting ``(subject to reduction under clause (iii))'' after ``$400'' and after ``$200''; and (B) by inserting after clause (ii) the following new clause: ``(iii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 202(x)(3)(B).''. (3) Effective date.--The amendments made by this subsection shall apply as if included in the enactment of section 203(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193). (d) Exemption From Computer Matching Requirements.-- (1) In general.--Section 552a(a)(8)(B) of title 5, United States Code, is amended-- (A) by striking ``or'' at the end of clause (vi); and (B) by inserting after clause (vii) the following new clauses: ``(viii) matches performed pursuant to section 202(x) or 1611(e)(1) of the Social Security Act; or ``(ix) matches performed pursuant to section 205(j)(1)(A), 205(j)(5), 1631(a)(2)(A)(ii), 1631(a)(2)(A)(iii), or 1631(a)(2)(E) of the Social Security Act;''. (2) Conforming amendment.--Section 1611(e)(1)(I)(iv) of the Social Security Act (as redesignated by subsection (c)(1)(B)) is amended further by striking ``(I) The provisions'' and all that follows through ``(II) The Commissioner'' and inserting ``The Commissioner''. (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act.
Rex Brewer Social Security Disability Fairness and Equity Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to waive the waiting period otherwise required for disability beneficiaries in the case of individuals with terminal illnesses with not more than six months to live. Amends SSA titles II and XVI (Supplemental Security Income) (SSI): (1) in the case of the OASDI program, to provide for payments to State and local prisons for monthly reports on the identities of inmates whose OASDI benefits cease to become payable as a result of such reports; and (2) in the case of the SSI program, to provide that no amount shall be payable to such an institution with respect to such information if the Commissioner of Social Security has determined, before receiving substantiating information from the institution, that the prisoner is no longer eligible for SSI. Transfers from the OASDI trust funds any sums necessary to enable the Commissioner to make such payments. Eliminates the SSA title II requirement that confinement stem only from a crime punishable by imprisonment for more than one year. Provides for a 50 percent reduction in institution payments under both SSA title II and XVI in cases involving a comparable payment under the other title with respect to the same prisoner. Exempts OASDI and SSI matches performed under this Act from computer matching requirements of the Privacy Act of 1974.
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SECTION 1. PERMANENT EXTENSION OF 50-PERCENT BONUS DEPRECIATION. (a) In General.--Subparagraph (B) of section 168(k)(4) of the Internal Revenue Code of 1986 (relating to special allowance for certain property acquired after September 10, 2001, and before January 1, 2005) is amended to read as follows: ``(B) 50-percent bonus depreciation property.--For purposes of this subsection, the term `50-percent bonus depreciation property' means property described in paragraph (2)(A)(i)-- ``(i) the original use of which commences with the taxpayer after May 5, 2003, and ``(ii) which is acquired by the taxpayer after May 5, 2003, but only if no written binding contract for the acquisition was in effect before May 6, 2003.'' (b) Repeal of Termination Dates for 30-Percent Bonus Depreciation Property.--Subparagraph (A) of section 168(k)(2) of such Code is amended by adding ``and'' at the end of clause (ii) and by striking clauses (iii) and (iv) and inserting the following new clause: ``(iii) which is-- ``(I) acquired by the taxpayer after September 10, 2001, but only if no written binding contract for the acquisition was in effect before September 11, 2001, or ``(II) acquired by the taxpayer pursuant to a written binding contract which was entered into after September 10, 2001.'' (c) Technical Amendments.-- (1) Paragraph (2) of section 168(k) of such Code is amended by striking subparagraph (B) and by redesignating the succeeding subparagraphs accordingly. (2) Clause (i) of section 168(k)(2)(D) of such Code, as redesignated by paragraph (1), is amended by striking ``and before January 1, 2005''. (3) The subsection heading for section 168(k) of such Code is amended by striking ``, and Before January 1, 2005''. SEC. 2. LONG-TERM CONTRACT ACCOUNTING. Section 168(k)(2) of the Internal Revenue Code of 1986 is amended by adding after subparagraph (F), as redesignated by section 1, the following new subparagraph: ``(F) Long-term contract accounting.--The percentage of completion method under section 460 shall be applied as if this subsection had not been enacted.''. SEC. 3. ELECTION TO INCREASE MINIMUM TAX CREDIT LIMITATION IN LIEU OF BONUS DEPRECIATION. (a) In General.--Section 53 of the Internal Revenue Code of 1986 (relating to credit for prior year minimum tax liability) is amended by adding at the end of the following new subsection: ``(e) Additional Credit in Lieu of Bonus Depreciation.-- ``(1) In general.--In the case of a corporation making an election under this subsection for a taxable year, the limitation under subsection (c) shall be increased by an amount equal to the bonus depreciation amount. ``(2) Bonus depreciation amount.--For purposes of paragraph (1), the bonus depreciation amount for any taxable year is an amount equal to the product of-- ``(A) 35 percent, and ``(B) the excess (if any) of-- ``(i) the aggregate amount of depreciation which would be determined under section 168 for property placed in service during such taxable year if no election under this subsection were made, over ``(ii) the aggregate allowance for depreciation allowable with respect to such property placed in service for such taxable year. ``(3) Election.--Section 168(k) (other than paragraph (2)(E) thereof) shall not apply to any property placed in service during a taxable year by a corporation making an election under this subsection for such taxable year. An election under this subsection may only be revoked with the consent of the Secretary. ``(4) Credit refundable.--The aggregate increase in the credit allowed by this section for any taxable year by reason of this subsection shall for purposes of this title (other than subsection (b)(2) of this section) be treated as a credit allowed to the taxpayer under subpart C.''. (b) Conforming Amendment.--Subsection (k) of section 168 of such Code is amended by adding at the end the following new paragraph: ``(5) Cross reference.--For an election to claim certain minimum tax credits in lieu of the allowance determined under this subsection, see section 53(e).''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years ending after December 31, 2004.
Amends the Internal Revenue Code to: (1) permanently extend the 50 percent and 30 percent bonus depreciation for certain original use property, including water utility property, computer software, or qualified leasehold improvement property; (2) permit the use of the percentage of completion accounting method for computing certain depreciation allowances; and (3) allow corporate taxpayers to elect an increased refundable alternative minimum tax credit in lieu of taking a bonus depreciation deduction.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Old San Francisco Mint Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $1 silver coins.--Not more than 1,000,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (2) Half dollar clad coins.--Not more than 1,000,000 half dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the Old San Francisco Mint, its role in the coinage of gold, and the educational mission of the Old San Francisco Mint Museum. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1995''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with Friends of the Mint and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. (c) Definition.--For purposes of this Act, the term ``Friends of the Mint'' means The Old Mint Corporation, organized under the Nonprofit Public Benefit Corporation Law of California and incorporated under articles of incorporation endorsed and filed in the office of the Secretary of State of California on June 24, 1994 (and any successor thereto). SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--All coins minted under this Act shall be struck at the United States Mint facility in San Francisco, California and shall bear the ``S'' mark of such facility. (c) Period for Issuance.--The Secretary may mint coins under this Act only during the period beginning on January 1, 1995, and ending on December 31, 1995. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of-- (1) $10 per coin for the $1 coin; and (2) $2 per coin for the half dollar coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to Friends of the Mint for the purposes of-- (1) refurbishing sections of the Old San Francisco Mint building; and (2) constructing additions to, operating, and maintaining the Old San Francisco Mint. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of Friends of the Mint as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. SEC. 10. REPORT TO CONGRESS. The Secretary shall submit to the Congress semiannual reports regarding the activities carried out under this Act.
Old San Francisco Mint Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins and half-dollar clad coins emblematic of the Old San Francisco Mint, its role in the coinage of gold, and the educational mission of the Old San Francisco Mint Museum. Instructs the Secretary to distribute all surcharges received from coin sales to Friends of the Mint for its refurbishing and maintenance.
{"src": "billsum_train", "title": "Old San Francisco Mint Commemorative Coin Act"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Prostate Cancer Coverage Act of 2006''. SEC. 2. OPTIONAL MEDICAID COVERAGE OF CERTAIN PROSTATE CANCER PATIENTS. (a) Coverage as Optional Categorically Needy Group.-- (1) In general.--Section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended-- (A) in subclause (XVIII), by striking ``or'' at the end; (B) in subclause (XIX), by adding ``or'' at the end; and (C) by adding at the end the following: ``(XX) who are described in subsection (dd) (relating to certain prostate cancer patients);''. (2) Group described.--Section 1902 of such Act (42 U.S.C. 1396a) is amended by adding at the end the following: ``(dd) Individuals described in this paragraph are individuals who-- ``(1) are not described in subsection (a)(10)(A)(i); ``(2) have not attained age 65; ``(3) have been screened for prostate cancer under section 317D of the Public Health Service Act (42 U.S.C. 247b-5), or any other prostate cancer screening program supported with Federal funds, and need treatment for prostate cancer; ``(4) are in families whose income does not exceed 250 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved; and ``(5) are not otherwise covered under creditable coverage, as defined in section 2701(c) of the Public Health Service Act (45 U.S.C. 300gg(c)).''. (3) Limitation on benefits.--Section 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is amended in the matter following subparagraph (G)-- (A) by striking ``and (XIV)'' and inserting ``(XIV)''; and (B) by inserting ``, and (XV) the medical assistance made available to an individual described in subsection (aa) who is eligible for medical assistance only because of subparagraph (A)(10)(ii)(XX) shall be limited to medical assistance provided during the period in which such an individual requires treatment for prostate cancer'' before the semicolon. (4) Conforming amendments.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended in the matter preceding paragraph (1)-- (A) in clause (xii), by striking ``or'' at the end; (B) in clause (xiii), by adding ``or'' at the end; and (C) by inserting after clause (xiii) the following: ``(xiv) individuals described in section 1902(dd),''. (b) Presumptive Eligibility.-- (1) In general.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1920B the following: ``presumptive eligibility for certain prostate cancer patients ``Sec. 1920C. (a) State Option.--A State plan approved under section 1902 may provide for making medical assistance available to an individual described in section 1902(dd) (relating to certain prostate cancer patients) during a presumptive eligibility period. ``(b) Definitions.--For purposes of this section: ``(1) Presumptive eligibility period.--The term `presumptive eligibility period' means, with respect to an individual described in subsection (a), the period that-- ``(A) begins with the date on which a qualified entity determines, on the basis of preliminary information, that the individual is described in section 1902(dd); and ``(B) ends with (and includes) the earlier of-- ``(i) the day on which a determination is made with respect to the eligibility of such individual for services under the State plan; or ``(ii) in the case of such an individual who does not file an application by the last day of the month following the month during which the entity makes the determination referred to in subparagraph (A), such last day. ``(2) Qualified entity.-- ``(A) In general.--Subject to subparagraph (B), the term `qualified entity' means any entity that-- ``(i) is eligible for payments under a State plan approved under this title; and ``(ii) is determined by the State agency to be capable of making determinations of the type described in paragraph (1)(A). ``(B) Regulations.--The Secretary may issue regulations further limiting those entities that may become qualified entities in order to prevent fraud and abuse and for other reasons. ``(C) Rule of construction.--Nothing in this paragraph shall be construed as preventing a State from limiting the classes of entities that may become qualified entities, consistent with any limitations imposed under subparagraph (B). ``(c) Administration.-- ``(1) In general.--The State agency shall provide qualified entities with-- ``(A) such forms as are necessary for an application to be made by an individual described in subsection (a) for medical assistance under the State plan; and ``(B) information on how to assist such individuals in completing and filing such forms. ``(2) Notification requirements.--A qualified entity that determines under subsection (b)(1)(A) that an individual described in subsection (a) is presumptively eligible for medical assistance under a State plan shall-- ``(A) notify the State agency of the determination within 5 working days after the date on which determination is made; and ``(B) inform such individual at the time the determination is made that an application for medical assistance under the State plan is required to be made by not later than the last day of the month following the month during which the determination is made. ``(3) Application for medical assistance.--In the case of an individual described in subsection (a) who is determined by a qualified entity to be presumptively eligible for medical assistance under a State plan, the individual shall apply for medical assistance under such plan by not later than the last day of the month following the month during which the determination is made. ``(d) Payment.--Notwithstanding any other provision of this title, medical assistance that-- ``(1) is furnished to an individual described in subsection (a)-- ``(A) during a presumptive eligibility period; ``(B) by a entity that is eligible for payments under the State plan; and ``(2) is included in the care and services covered by the State plan; shall be treated as medical assistance provided by such plan for purposes of section 1903(a)(5)(B).''. (2) Conforming amendments.-- (A) Section 1902(a)(47) of the Social Security Act (42 U.S.C. 1396a(a)(47)) is amended-- (i) by striking ``and provide'' and inserting ``, provide''; and (ii) by inserting before the semicolon at the end the following: ``, and provide for making medical assistance available to individuals described in subsection (a) of section 1920C during a presumptive eligibility period in accordance with such section''. (B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C. 1396b(u)(1)(D)(v)) is amended-- (i) by striking ``or for'' and inserting ``, for''; and (ii) by inserting before the period the following: ``, or for medical assistance provided to an individual described in subsection (a) of section 1920C during a presumptive eligibility period under such section''. (c) Enhanced Match.--Section 1903(a)(5) of the Social Security Act (42 U.S.C. 1396b(a)(5)) is amended-- (1) by striking ``an'' and inserting ``(A) an''; (2) by adding ``plus'' after the semicolon; and (3) by adding at the end the following: ``(B) an amount equal to 75 percent of the sums expended during such quarter which are attributable to the offering, arranging, and furnishing (directly or on a contract basis) of prostate cancer-related treatment services; plus''. (d) Effective Date.--The amendments made by this section apply to medical assistance furnished on or after the date of the enactment of this Act, without regard to whether final regulations to carry out such amendments have been promulgated by such date.
Medicaid Prostate Cancer Coverage Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to provide for optional Medicaid coverage of certain prostate cancer patients.
{"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to provide medical assistance for certain men screened and found to have prostate cancer under a Federally funded screening program."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Price Index for Elderly Consumers Act of 2005''. SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. (a) Amendments to Title II.-- (1) In general.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (A) in paragraph (1)(G), by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''; and (B) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 3(a) of the Consumer Price Index for Elderly Consumers Act,''. (2) Conforming amendments in applicable former law.-- Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''. (3) Effective date.--The amendments made by paragraph (1) shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. (b) Amendments to Title XVIII.-- (1) In general.--Title XVIII of such Act (42 U.S.C. 1395 et seq.) is amended-- (A) in section 1814(i)(2)(B), by inserting ``(i) for accounting years ending before October 1 of the second calendar year following the calendar year in which the Consumer Price Index for Elderly Consumers Act was enacted,'' after ``for a year is'', and by inserting after ``fifth month of the accounting year'' the following: ``, and (ii) for accounting years ending after October 1 of such calendar year, the cap amount determined under clause (i) for the last accounting year referred to in such clause, increased or decreased by the same percentage as the percentage increase or decrease, respectively, in the medical care expenditure category (or corresponding category) of the Consumer Price Index for Elderly Consumers, published by the Bureau of Labor Statistics, from March of such calendar year to the fifth month of the accounting year''; (B) in section 1821(c)(2)(C)(ii)(II), by striking ``consumer price index for all urban consumers (all items; United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (C) in section 1833(h)(2)(A)(i), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (D) in section 1833(i)(2)(C)(i), by striking ``Consumer Price Index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (E) in section 1834(a)(14)(J), by striking ``consumer price index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (F) in section 1834(h)(4)(A)(x), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (G) in section 1834(l)(3)(B), by striking ``consumer price index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (H) in section 1839(i)(5)(A)(ii), by striking ``Consumer Price Index (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (I) in section 1842(s)(1), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (J) in each of subparagraphs (D)(ii) and (E)(i)(II) of section 1860D-14(a)(3)(D)(ii) and in each of clauses (i) and (ii) of section 1860D-14(a)(4)(A), by striking ``consumer price index (all items; U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (K) in section 1882(p)(11)(C)(ii), by striking ``Consumer Price Index for all urban consumers (all items; U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (L) in each of clauses (iv) and (vi)(II) of section 1886(h)(2)(E), by striking ``for all urban consumers''; and (M) in section 1886(h)(5)(B), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to determinations made for periods ending after December 31 of the second calendar year following the calendar year in which this Act was enacted.
Consumer Price Index for Elderly Consumers Act of 2005 - Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish a monthly Consumer Price Index for Elderly Consumers (CPI) that indicates changes over time in expenditures for consumption which are typical for individuals aged 62 years of age or older. Authorizes appropriations. Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) to provide for the use of such new CPI in the computation of cost-of-living increases for Social Security and Medicare benefits under such programs.
{"src": "billsum_train", "title": "To require the establishment of a Consumer Price Index for Elderly Consumers to compute cost-of-living increases for Social Security and Medicare benefits under titles II and XVIII of the Social Security Act."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American History and Civics Education Act of 2003''. SEC. 2. DEFINITIONS. In this Act: (1) American history and civics.--The term ``American history and civics'' means the key events, key persons, key ideas, and key documents that shaped the institutions and democratic heritage of the United States of America. (2) Chairman.--The term ``Chairman'' means the Chairman of the National Endowment for the Humanities. (3) Educational institution.--The term ``educational institution''-- (A) means-- (i) an institution of higher education; (ii) an educational institution created by a legislative act of a State for the express purpose of teaching American history and civics to elementary school and secondary school students; or (iii) a nonprofit educational institution, library, or research center; and (B) includes a consortium of entities described in subparagraph (A). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) Key documents.--The term ``key documents'' means the documents that established or explained the foundational principles of democracy in the United States, including the United States Constitution and the amendments to the Constitution (particularly the Bill of Rights), the Declaration of Independence, the Federalist Papers, and the Emancipation Proclamation. (6) Key events.--The term ``key events'' means the critical turning points in the history of the United States (including the encounter of Native Americans with European settlers, the American Revolution, the Civil War, the world wars of the twentieth century, the civil rights movement, and the major court decisions, legislation, literature, and the arts) that established democracy and extended its promise in American life. (7) Key ideas.--The term ``key ideas'' means the ideas that shaped the democratic institutions and heritage of the United States, including the notions of liberty, equal opportunity, individualism, laissez faire, the rule of law, federalism and e pluribus unum, the free exercise of religion, the separation of church and state, and a belief in progress. (8) Key persons.--The term ``key persons'' means the men and women who led the United States as Founding Fathers, Native American leaders, elected officials, scientists, inventors, pioneers, advocates of equal rights, entrepreneurs, and artists. (9) State.--The term ``State'' means each of the 50 States and the District of Columbia. (10) Teachers of american history and civics.--The term ``teachers of American history and civics'' means kindergarten through grade 12 teachers who teach American history, government, or civics, or who incorporate such subjects into their teaching. SEC. 3. PRESIDENTIAL ACADEMIES FOR TEACHING OF AMERICAN HISTORY AND CIVICS. (a) Establishment.--From amounts appropriated under subsection (j), the National Endowment for the Humanities shall award grants, on a competitive basis, to educational institutions to establish Presidential Academies for Teaching of American History and Civics (in this section referred to as ``Academies'') that shall offer workshops for teachers of American history and civics-- (1) to strengthen such teachers' knowledge of the subjects of American history and civics; and (2) to learn how better to teach such subjects. (b) Application.-- (1) In general.--An educational institution that desires to receive a grant under this section shall submit an application to the National Endowment for the Humanities at such time, in such manner, and containing such information as the National Endowment for the Humanities may require. (2) Contents.--An application submitted under paragraph (1) shall-- (A) include the criteria that will be used to determine which teachers will be selected to attend workshops offered by the Academy; (B) identify the individual the educational institution intends to appoint to be the primary scholar at the Academy; (C) include a description of the curriculum to be used at workshops offered by the Academy; and (D) provide an assurance that the recruitment plan for which teachers will be selected to attend workshops offered by the Academy will include teachers from schools receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), particularly those schools with high concentrations of students described in section 1124(c) of such Act. (c) Number of Grants.--The National Endowment for the Humanities shall award not more than 12 grants to different educational institutions under this section. (d) Distribution.--The Chairman shall encourage equitable distribution of grants under this section among the geographical regions of the United States. (e) Grant Terms.--Grants awarded under this section shall be for a term of 2 years. (f) Use of Funds.-- (1) Workshops.-- (A) In general.--An educational institution that receives a grant under this section shall establish an Academy that shall offer a workshop during the summer, or during another appropriate time, for teachers of American history and civics-- (i) to strengthen such teachers' knowledge of the subjects of American history and civics; and (ii) to learn how better to teach such subjects. (B) Duration of workshop.--A workshop offered pursuant to this section shall be approximately 2 weeks in duration. (2) Academy staff.-- (A) Primary scholar.--Each Academy shall be headed by a primary scholar identified in the application submitted under subsection (b) who shall-- (i) be accomplished in the field of American history and civics; and (ii) design the curriculum for and lead the workshop. (B) Core teachers.--Each primary scholar shall appoint an appropriate number of core teachers. At the direction of the primary scholar, the core teachers shall teach and train the workshop attendees. (3) Selection of teachers.-- (A) In general.-- (i) Number of teachers.--Each year, each Academy shall select kindergarten through grade 12 teachers of American history and civics to attend the workshop offered by the Academy. (ii) Flexibility in number of teachers.-- Each Academy shall select not more than 300 and not less than 50 teachers under clause (i). (B) Teachers from public and private schools.--An Academy may select teachers from public schools and private schools to attend the workshop offered by the Academy. (g) Costs.-- (1) In general.--Except as provided in paragraph (2), a teacher who attends a workshop offered pursuant to this section shall not incur costs associated with attending the workshop, including costs for meals, lodging, and materials while attending the workshop, and may receive a stipend to cover such costs. (2) Travel costs.--A teacher who attends a workshop offered pursuant to this section shall use non-Federal funds to pay for such teacher's costs of transit to and from the Academy. (h) Evaluation.-- (1) In general.--At the completion of all of the workshops assisted in the third year grants are awarded under this section, the National Endowment for the Humanities shall conduct an evaluation and submit a report on its findings to the relevant committees of Congress. (2) Content of evaluation.--The evaluation conducted pursuant to paragraph (1) shall-- (A) determine the overall success of the grant program authorized under this section; and (B) highlight the best grantees' practices in order to become models for future grantees. (i) Non-Federal Funds.--An educational institution receiving Federal assistance under this section may contribute non-Federal funds toward the costs of operating the Academy. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2004 through 2007. SEC. 4. CONGRESSIONAL ACADEMIES FOR STUDENTS OF AMERICAN HISTORY AND CIVICS. (a) Establishment.--From amounts appropriated under subsection (j), the National Endowment for the Humanities shall award grants, on a competitive basis, to educational institutions to establish Congressional Academies for Students of American History and Civics (in this section referred to as ``Academies'') that shall offer workshops for outstanding students of American history and civics to broaden and deepen such students' understanding of American history and civics. (b) Application.-- (1) In general.--An educational institution that desires to receive a grant under this section shall submit an application to the National Endowment for the Humanities at such time, in such manner, and containing such information as the National Endowment for the Humanities may require. (2) Contents.--An application submitted under paragraph (1) shall-- (A) include the criteria that will be used to determine which students will be selected to attend workshops offered by the Academy; (B) identify the individual the educational institution intends to appoint to be the primary scholar at the Academy; (C) include a description of the curriculum to be used at workshops offered by the Academy; and (D) include a description of how the educational institution will-- (i) inform students from schools receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), particularly those schools with high concentrations of students described in section 1124(c) of such Act, of the Academy; and (ii) provide such students with information on how to apply to attend workshops offered by the Academy so that such students may attend the workshops. (c) Number of Grants.--The National Endowment for the Humanities shall award not more than 12 grants to different educational institutions under this section. (d) Distribution.--The Chairman shall encourage equitable distribution of grants under this section among the geographical regions of the United States. (e) Grant Terms.--Grants awarded under this section shall be for a term of 2 years. (f) Use of Funds.-- (1) Workshops.-- (A) In general.--An educational institution that receives a grant under this section shall establish an Academy that shall offer a workshop during the summer, or during another appropriate time, for outstanding students of American history, government, and civics to broaden and deepen such students' understanding of American history and civics. (B) Duration of workshop.--A workshop offered pursuant to this section shall be approximately 4 weeks in duration. (2) Academy staff.-- (A) Primary scholar.--Each Academy shall be headed by a primary scholar identified in the application submitted under subsection (b) who shall-- (i) be accomplished in the field of American history and civics; and (ii) design the curriculum for and lead the workshop. (B) Core teachers.--Each primary scholar shall appoint an appropriate number of core teachers. At the direction of the primary scholar, the core teachers shall teach the workshop attendees. (3) Selection of students.-- (A) Number of students.--Each year, each Academy shall select between 100 and 300 eligible students to attend the workshop offered by the Academy. (B) Eligible students.--A student shall be eligible to attend a workshop offered by an Academy if the student-- (i) is recommended by the student's secondary school principal (or other head of such student's academic program) to attend the workshop; and (ii) will be a junior or senior in the academic year following attendance at the workshop. (g) Costs.-- (1) In general.--Except as provided in paragraph (2), a student who attends a workshop offered pursuant to this section shall not incur costs associated with attending the workshop, including costs for meals, lodging, and materials while attending the workshop. (2) Travel costs.--A student who attends a workshop offered pursuant to this section shall use non-Federal funds to pay for such student's costs of transit to and from the Academy. (h) Evaluation.-- (1) In general.--At the completion of all of the workshops assisted in the third year grants are awarded under this section, the National Endowment for the Humanities shall conduct an evaluation and submit a report on its findings to the relevant committees of Congress. (2) Content of evaluation.--The evaluation conducted pursuant to paragraph (1) shall-- (A) determine the overall success of the grant program authorized under this section; and (B) highlight the best grantees' practices in order to become models for future grantees. (i) Non-Federal Funds.--An educational institution receiving Federal assistance under this section may contribute non-Federal funds toward the costs of operating the Academy. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $14,000,000 for each of fiscal years 2004 through 2007. SEC. 5. NATIONAL ALLIANCE OF TEACHERS OF AMERICAN HISTORY AND CIVICS. (a) Establishment.-- (1) In general.--From amounts appropriated under subsection (e), the National Endowment for the Humanities shall award 1 or more grants to organizations for the creation of a national alliance of elementary school and secondary school teachers of American history and civics. (2) Purpose.--The purpose of the national alliance is-- (A) to facilitate the sharing of ideas among teachers of American history and civics; and (B) to encourage best practices in the teaching of American history and civics. (b) Application.--An organization that desires to receive a grant under this section shall submit an application to the National Endowment for the Humanities at such time, in such manner, and containing such information as the National Endowment for the Humanities may require. (c) Grant Term.--A grant awarded under this section shall be for a term of 2 years and may be reapplied after the initial term expires. (d) Use of Funds.--An organization that receives a grant under this section may use the grant funds for any of the following: (1) Creation of a website on the Internet to facilitate discussion of new ideas on improving American history and civics education. (2) Creation of in-State chapters of the national alliance, to which individual teachers of American history and civics may belong, that sponsors American history and civics activities for such teachers in the State. (3) Seminars, lectures, or other events focused on American history and civics, which may be sponsored in cooperation with, or through grants awarded to, libraries, States' humanities councils, or other appropriate entities. (4) Coordinate activities with other nonprofit educational alliances that promote the teaching or study of subjects related to American history and civics. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, and for any administrative costs associated with carrying out sections 3 and 4, $4,000,000 for each of fiscal years 2004 through 2007. Passed the Senate June 20, 2003. Attest: EMILY J. REYNOLDS, Secretary.
American History and Civics Education Act of 2003 - Directs the National Endowment for the Humanities (NEH) to award competitive grants to educational institutions to establish: (1) Presidential Academies for Teaching of American History and Civics to offer workshops for teachers of American history and civics; and (2) Congressional Academies for Students of American History and Civics to offer workshops for outstanding students of American history and civics.Requires such Academies to describe how they will include teachers and students from schools receiving assistance for educationally disadvantaged children under the Elementary and Secondary Education Act of 1965, particularly those schools with high concentrations of students from low-income families.Directs the NEH to award a grant to an organization for the creation of a national alliance of elementary school and secondary school teachers of American history and civics.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lumbee Recognition Act''. SEC. 2. PREAMBLE. The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking ``and'' at the end of each clause. (2) By striking ``: Now, therefore,'' at the end of the last clause and inserting a semicolon. (3) By adding at the end the following new clauses: ``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina are descendants of coastal North Carolina Indian tribes, principally Cheraw, and have remained a distinct Indian community since the time of contact with white settlers; ``Whereas since 1885 the State of North Carolina has recognized the Lumbee Indians as an Indian tribe; ``Whereas in 1956 the Congress of the United States acknowledged the Lumbee Indians as an Indian tribe, but withheld from the Lumbee Tribe the benefits, privileges and immunities to which the Tribe and its members otherwise would have been entitled by virtue of the Tribe's status as a federally recognized tribe; and ``Whereas the Congress finds that the Lumbee Indians should now be entitled to full Federal recognition of their status as an Indian tribe and that the benefits, privileges and immunities that accompany such status should be accorded to the Lumbee Tribe: Now, therefore,''. SEC. 3. FEDERAL RECOGNITION. The Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking the last sentence of the first section. (2) By striking section 2 and inserting the following new sections: ``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee Tribe of North Carolina, as designated as petitioner number 65 by the Office of Federal Acknowledgement. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. ``(b) Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgement of tribal existence. ``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. For the purposes of the delivery of such services, those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. ``(b) Upon verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs and budget to provide the services to which members of the Tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs and budget to Congress after the tribal roll is verified. ``(c) For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the Tribe. The Secretary's verification shall be limited to confirming compliance with the membership criteria set out in the Tribe's constitution adopted on November 16, 2001, which verification shall be completed within 2 years after the date of the enactment of this section. ``Sec. 4. (a) Fee lands which the Tribe seeks to convey to the United States to be held in trust shall be treated by the Secretary of the Interior as `on-reservation' trust acquisitions under part 151 of title 25 of the Code of Federal Regulations (or a successor regulation) if such lands are located within Robeson County, North Carolina. ``(b) The tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. ``Sec. 5. (a) The State of North Carolina shall exercise jurisdiction over-- ``(1) all criminal offenses that are committed on; and ``(2) all civil actions that arise on, lands located within the State of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. ``(b) The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in paragraph (1) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement. ``(c) The provisions of this subsection shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). ``Sec. 6. There are authorized to be appropriated such sums as are necessary to carry out this Act.''. Passed the House of Representatives June 7, 2007. Attest: LORRAINE C. MILLER, Clerk.
Lumbee Recognition Act - Extends federal recognition to the Lumbee Tribe of North Carolina, as designated as petitioner number 65 by the Office of Federal Acknowledgment. Permits any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe to petition for acknowledgment of tribal existence. Makes the Tribe and its members eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. Deems, for purposes of delivery of such services, those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina to be residing on or near an Indian reservation. Instructs the Secretary to treat fee lands which the Tribe seeks to convey to the United States to be held in trust as "on-reservation" trust acquisitions if such lands are located within Robeson County. Prohibits the Tribe from conducting gaming activities. Grants the state of North Carolina jurisdiction over all criminal offenses and all civil actions on lands within North Carolina that are owned by or held in trust for the Tribe or any independent Indian community of the Tribe. Authorizes the Secretary to accept any transfer by the state of any portion of the state's jurisdiction of such offenses and actions pursuant to an agreement between the Tribe and the state. Bars such transfer of jurisdiction from taking effect until two years after the effective date of the agreement. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Fair Prepayment Act''. SEC. 2. APPLICATION OF PREPAYMENT AMOUNTS FOR FFEL AND DIRECT LOANS. Section 455(d) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is amended by adding at the end the following new paragraph: ``(6) Application of prepayment amounts.-- ``(A) Requirement.--Notwithstanding any other provision of this subsection or any other provision of law, with respect to loans made to an eligible borrower under this part or part B, which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall, except as otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans. ``(B) Eligible borrower.-- ``(i) In general.--For purposes of this paragraph, the term `eligible borrower' means a borrower with no outstanding balance of fees, including collection costs and authorized late charges, due on any loan made under this part or part B. ``(ii) Prepayment amounts.--A prepayment amount (as described in subparagraph (A)) made by a borrower who is not an eligible borrower to a holder shall be applied first toward the borrower's outstanding balance of fees, including collection costs and authorized late charges, due on any loan made under this part or part B held by such holder. ``(C) Exceptions.--This paragraph shall not apply to an income-based repayment plan under section 493C or an income contingent repayment plan under section 455(d)(1)(D), such as a Pay As You Earn repayment plan.''. SEC. 3. APPLICATION OF PREPAYMENT AMOUNTS FOR PERKINS LOANS. Section 464(c)(1)(C) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(1)(C)) is amended-- (1) by striking ``and'' at the end of clause (i); (2) by adding at the end the following: ``(iii) shall provide that the institution shall, in the case of a borrower with no outstanding balance of fees (including collection costs and authorized late charges) due on the loans held by the institution and who repays more than the amount due for a repayment period, use the excess to prepay (within the meaning of section 674.31(b)(4)(iv) of title 34, Code of Federal Regulations, or a successor regulation) the principal due on the loan with the highest applicable rate of interest among such loans, unless otherwise requested by the borrower in writing; and ``(iv) shall provide that the institution shall, in the case of a borrower with an outstanding balance of fees (such as collection costs and authorized late charges) due on the loans held by the institution and who repays more than the amount due for a repayment period, first apply such excess toward such outstanding balance of fees;''. SEC. 4. APPLICATION OF PREPAYMENT AMOUNTS FOR PRIVATE EDUCATION LOANS. Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following: ``(12) Application of prepayment amounts.-- ``(A) In general.--Notwithstanding any other provision of law, with respect to a borrower with more than one private education loan which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall, except as otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans. ``(B) Exception.-- ``(i) In general.--Subparagraph (A) shall not apply to any prepayment amount made by a borrower to a holder if the borrower has an outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder. ``(ii) Prepayment amounts.--A prepayment amount (as described in subparagraph (A)) made by a borrower described in subparagraph (B) to a holder shall be applied first toward the borrower's outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder.''.
Student Loan Fair Prepayment Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require that when the holder of a borrower's loans under the Federal Family Education Loan (FFEL) or William D. Ford Federal Direct Loan (DL) programs receives a prepayment for such loans, it is to be applied first toward any fees due on such loans and then, unless the borrower requests otherwise, toward the principal due on the loan that bears the highest interest rate. Makes that requirement inapplicable to income-based or income contingent repayment plans for FFELs or DLs. Requires an institution of higher education holding a borrower's loans under the Federal Perkins Loan program to first apply any excess payments by the borrower toward any fees due on such loans and then, unless the borrower requests otherwise, toward the principal due on the loan that bears the highest interest rate. Amends the Truth in Lending Act to require a private education loan holder that holds more than one private education loan for a borrower to apply any prepayments on those loans first toward any fees due on such loans and then, unless the borrower requests otherwise, toward the principal due on the loan that bears the highest interest rate.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Revenue for Oregon Counties Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) more than half of the land in the State of Oregon is owned by the Federal Government; (2) in many counties of the State, significant portions of the land of the counties (often significantly more than half of the land of the counties) is owned by the Federal Government; (3) the land described in paragraph (2) includes Forest Service land and Oregon and California grant land; (4) the counties described in paragraph (2) are unable to derive revenue from property taxes on land owned by the Federal Government; (5) historically, payments made by the Federal Government based on revenues from harvesting timber (including Oregon and California grant land and Forest Service payments) have provided a revenue substitute for property taxes; (6) the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 500 note; Public Law 106- 393) augmented the payments described in paragraph (5) because of a significant decline in timber harvest revenues; (7) Congress extended the payments described in paragraph (6) for 1 year in 2007, and for 4 years effective beginning in 2008, to provide time to develop a long-term sustainable alternative to the payments described in paragraph (6); (8) the prospects for a long-term extension are uncertain because of concerns regarding Federal budget deficits and long- term financial assistance to local governments of the State; (9) counties of the State that have historically received the payments described in paragraph (5) are in need of a sustainable, long-term revenue source; (10) there are opportunities for the conduct of activities in the Federal forest land of the counties of the State that could be structured to be economically and environmentally sustainable, including-- (A) the harvesting of timber (including thinning to restore forest health) in a sustainable manner and in sustainable quantities; (B) the removal of biomass material from the forest land for-- (i) the generation of electricity; and (ii) the production of cellulosic biofuels; (C) the conduct of activities that could-- (i) increase the sequestration by the forest land of atmospheric carbon; or (ii) provide other ecosystem services for communities, such as clean water; and (D) the conduct of recreational activities; (11) other sources of revenue, including State and local revenue sources, should also be considered in selecting a sustainable, long-term revenue source; and (12) payments made by the Federal Government could be continued under a variety of different payment methodologies. SEC. 3. DEFINITIONS. In this Act: (1) Secretaries concerned.--The term ``Secretaries concerned'' means-- (A) the Secretary of Agriculture; and (B) the Secretary of the Interior. (2) State.--The term ``State'' means the State of Oregon. (3) Task force.--The term ``Task Force'' means the Oregon Task Force on Sustainable Revenue for Counties established by section 4(a). SEC. 4. TASK FORCE. (a) Establishment.--There is established a task force to be known as the ``Oregon Task Force on Sustainable Revenue for Counties''. (b) Membership.-- (1) Composition.--The Task Force shall be composed of 15 members, of whom-- (A) 4 members shall be appointed by the Secretaries concerned, of whom-- (i) each shall represent a county of the State; and (ii) 2 shall represent counties in which there is located Oregon and California grant land; (B) 1 member shall be appointed by the Governor of the State as the representative of the Governor of the State; (C) 1 member shall be appointed by the Secretaries concerned from among persons who are experts in economics (including natural resource economics); (D) 1 member shall be appointed by the Secretaries concerned from among persons who are experts in sustainable forestry practices; (E) 1 member shall be appointed by the Secretaries concerned from among persons who are experts in scientific and economic aspects of biomass energy; (F) 1 member shall be appointed by the Secretaries concerned from among persons who are experts in the scientific aspects of ecosystem services that are provided by temperate forests (including, at a minimum, the scientific aspects of carbon sequestration); (G) 1 member shall be appointed by the Secretaries concerned from among persons who are experts in fields relating to wildlife habitat, endangered species, and biodiversity; (H) 1 member shall be appointed by the Secretaries concerned as a representative of the forest products industry located in the State; (I) 1 member shall be appointed by the Secretaries concerned as a representative of regionally or locally recognized conservation organizations located in the State; (J) 1 member shall be appointed by the Secretaries concerned as a representative of-- (i) organized labor; or (ii) nontimber forest product harvester groups; (K) 1 member shall be appointed by the Secretaries concerned as a representative of persons who participate in or provide recreational activities or are engaged in related activities; and (L) 1 member shall be appointed by the Secretaries concerned as a representative of Indian tribes that are located in the State. (2) Date of appointments.--The appointment of a member of the Task Force shall be made not later than 60 days after the date of enactment of this Act. (c) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Task Force. (2) Vacancies.--A vacancy on the Task Force-- (A) shall not affect the powers of the Task Force; and (B) shall be filled in the same manner as the original appointment was made. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Task Force have been appointed, the Task Force shall hold the initial meeting of the Task Force. (e) Meetings.-- (1) In general.--The Task Force shall meet at the call of the Chairperson. (2) Public access.--Each meeting of the Task Force shall be open to the public. (f) Quorum.--A majority of the members of the Task Force shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Task Force shall select a Chairperson and Vice Chairperson from among the members of the Task Force. SEC. 5. DUTIES. (a) Consideration and Review of Revenue Sources.-- (1) In general.--The Task Force shall consider and review concepts for the establishment of a long-term revenue source for counties located in the State that have historically received Federal funds. (2) Revenue sources.--In conducting the consideration and review under paragraph (1), in accordance with paragraph (3), the Task Force shall consider-- (A) revenue sources proposed by relevant legislation or administrative actions; (B) payments based on timber harvests (including thinning to restore forest health) carried out at sustainable levels; (C) payments based on revenues that each county of the State could have received through property taxation if the land owned by the Federal Government located in the county was privately held and subject to a property tax; (D) revenue based on-- (i) a portion of the proceeds from sales of material collected from public land located in the State for the production of biomass electricity or cellulosic liquid transportation fuels; (ii) user fees for recreational activities carried out on public land located in the State; (iii) payments for increases in carbon sequestration; and (iv) land exchanges or transfers that could provide compensation for nontaxable Federal land located in counties of the State; (E) local sources of revenue that could be used to reduce or eliminate the reliance of counties of the State on Federal funds (including taxes, user fees, or economic development activities that could increase the revenue base of the counties of the State); (F) payments made by the Federal Government to the counties of the State, including-- (i) guaranteed payments that are to be established at a reduced level and not based on timber harvest revenues; and (ii) guaranteed payments that are to be established-- (I) at a level similar to the level of payments reauthorized in 2008; (II) in part by timber harvest revenues; and (III) with the use of additional Federal funds to the extent that timber harvest revenues described in subclause (II) do not meet the guaranteed level of payment; and (G) any other revenue source that the Task Force determines to be appropriate for consideration and review. (3) Factors.--In considering each revenue source under paragraph (2), the Task Force shall take into account-- (A) the long-term sustainability of each revenue source considered under paragraph (2); (B) the relative value, long-term sustainability, and any other implication of the relative reliance of the counties of the State on revenues arising from Federal forests located in the counties, as compared to other local revenue sources; (C) the potential long-term effects of each revenue source considered under paragraph (2) on the economies of the counties of the State; (D) revenue sources that are used by other cities or counties of the State; (E) the environmental effects of each revenue source considered under paragraph (2); (F) the effect of each revenue source considered under paragraph (2) on local revenue streams and county services; and (G) comments submitted to the Task Force by a stakeholder relating to any issue or proposal considered by the Task Force. (b) Hearings.-- (1) In general.--The Task Force shall hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Task Force considers advisable to receive the input and determine the opinions of the public and stakeholders with respect to the establishment of a sustainable, long-term revenue source for the counties of the State. (2) Incorporation of public and stakeholder input.--In preparing the report required under subsection (c), the Task Force shall incorporate into the recommendations of the Task Force required under subsection (c)(2), to the maximum extent practicable, the public and stakeholder input received under paragraph (1). (c) Report.--Not later than 9 months after the date of enactment of this Act, the Task Force shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that contains-- (1) a detailed statement of the findings and conclusions of the Task Force; (2) a description of not less than 2 policy scenarios for providing sustainable revenue to the counties of the State that are recommended by not less than \3/5\ of the members of the Task force for consideration by the Federal Government, the State, and the counties of the State as the Task Force considers appropriate (including such legislation and administrative actions necessary to implement each policy scenario); (3) a description of the opinion of each member of the Task Force regarding each policy scenario described in paragraph (2); (4) a description of the minority views of each member of the Task Force who does not support any policy scenario described in paragraph (2); (5) a description of each revenue source considered but not recommended by the Task Force under paragraph (2), including-- (A) an explanation of each reason why the Task Force did not recommend the policy scenario; and (B) a description of the minority views of each member of the Task Force relating to the decision by the Task Force not to recommend the policy scenario; and (6) a summary of comments received by the Task Force under subsections (a)(3)(G) and (b)(1). (d) Required Hearings.--Not later than 60 days after the date on which each committee described in subsection (c) receives the report required under that subsection, each committee shall hold a hearing to evaluate the recommendations contained in the report. SEC. 6. POWERS. (a) Information From Federal Agencies.-- (1) In general.--The Task Force may secure directly from a Federal agency such information as the Task Force considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Task Force, the head of the agency shall provide the information to the Task Force. (b) Postal Services.--The Task Force may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (c) Gifts.--The Task Force may accept, use, and dispose of gifts or donations of services or property. SEC. 7. TASK FORCE PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Task Force shall serve without compensation. (b) Travel Expenses.--A member of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Task Force. (c) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Task Force without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairperson of the Task Force may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, to remain available until expended. SEC. 9. TERMINATION OF TASK FORCE. The Task Force shall terminate 120 days after the date on which the Task Force submits the report of the Task Force under section 5(c).
Sustainable Revenue for Oregon Counties Act of 2009 - Establishes the Oregon Task Force on Sustainable Revenue for Counties to consider and review concepts for the establishment of a long-term revenue source for counties in Oregon that have historically received federal funds. Directs the Task Force, in conducting the consideration and review, to consider: (1) revenue sources proposed by relevant legislation or administrative actions; (2) payments based on timber harvests, including thinning to restore forest health, carried out at sustainable levels; (3) payments based on the revenues each county could have received through property taxation if the land owned by the federal government was privately held and subject to a property tax; (4) revenue based on a portion of the proceeds from sales of material collected from public land in Oregon for the production of biomass electricity or cellulosic liquid transportation fuels, user fees for recreational activities on such land, payments for increases in carbon sequestration, and land exchanges or transfers that could provide compensation for nontaxable federal land in the counties; (5) local revenue sources that could be used to reduce or eliminate reliance of the counties on federal funds; (6) federal payments made by the government to the counties, including specified guaranteed payments; and (7) any other revenue source appropriate for review. Requires the Task Force to hold hearings on the establishment of a sustainable, long-term revenue source for the counties.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Family and Medical Leave Enhancement Act of 2001''. SEC. 2. ELIGIBLE EMPLOYEE. Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each place it occurs and inserting ``fewer than 25''. SEC. 3. ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT. (a) Leave Requirement.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Entitlement to additional leave for parental involvement.-- ``(A) In general.--Subject to section 103(f), in addition to leave available under paragraph (1), an eligible employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee. ``(B) Definitions.--As used in this paragraph: ``(i) School.--The term `school' means an elementary school or secondary school (as such terms are defined in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law. ``(ii) Community organization.--The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 101(12), such as a scouting or sports organization.''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3)(A) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended-- (1) by striking ``under'' and inserting the following: ``under-- ``(i)''; and (2) inserting before the period at the end the following: ``; or ``(ii) subsection (a)(3)(A) for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 102(e)(1) of such Act (29 U.S.C. 2612(e)(1)) is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3)(A), the employee shall provide the employer with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Parental Involvement Leave.--An employer may require that a request for leave under section 102(a)(3)(A) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 4. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Subject to section 6383(f), in addition to leave available under paragraph (1), an employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee. ``(B) For the purpose of this paragraph: ``(i) The term `school' means an elementary school or secondary school (as such terms are defined in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.''. ``(ii) The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 6381(6), such as a scouting or sports organization.''. (b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3)(A) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting before ``, except'' the following: ``, or for leave provided under subsection (a)(3)(A) any of the employee's accrued or accumulated annual leave under subchapter I for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 6382(e)(1) of such title is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3)(A), the employee shall provide the employing agency with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3)(A) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''. SEC. 5. CLARIFICATION OF LEAVE ENTITLEMENT. Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) and section 6382(a)(1) of title 5, United States Code, are each amended by adding at the end the following: ``(E) In order to meet routine family medical needs, including transportation of a son or daughter or a grandchild for medical and dental appointments for annual checkups and vaccinations. ``(F) In order to meet the routine medical care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes.''. SEC. 6. DEFINITION OF GRANDCHILD. (a) Non-Civil-Service Employees.--Section 101 of the Family and Medical Leave Act (29 U.S.C. 2611) is amended by adding at the end the following new paragraph: ``(14) Grandchild.--The term `grandchild' means a son or daughter of an employee's child.''. (b) Civil Service Employees.--Section 6381 of title 5, United States Code, is amended-- (1) in paragraph (5)(B), by striking ``and'' at the end; (2) in paragraph (6)(B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(7) the term `grandchild' means a son or daughter of an employee's child.''.
Family and Medical Leave Enhancement Act of 2001 - Amends the Family and Medical Leave Act of 1993 (FMLA) to expand the Act's coverage by reducing from 50 to 25 the threshold minimum number of employees of an employer necessary for the Act to apply.Allows employees covered by FMLA to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend their children's or grandchildren's educational and extracurricular activities.Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees.Provides that leave under FMLA may be taken to meet: (1) routine family medical needs, including transportation of children or grandchildren for medical and dental appointments for annual checkups and vaccinations; and (2) the routine medical care needs of elderly relatives of the eligible employee, including visits to nursing homes and group homes.
{"src": "billsum_train", "title": "To amend the Family and Medical Leave Act of 1993 to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children's and grandchildren's educational and extracurricular activities and to clarify that leave may be taken for routine medical needs and to assist elderly relatives, and for other purposes."}
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SECTION 1. INCREASE IN WIDOW'S AND WIDOWER'S INSURANCE BENEFITS BY REASON OF DELAYED RETIREMENT. (a) Delayed Retirement Credit for Widow's and Widower's Benefits.-- (1) In general.--Section 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended-- (A) in paragraph (1) by striking ``old-age insurance benefit'' and inserting ``old-age, widow's, or widower's insurance benefit''; (B) in paragraph (2), by striking ``the number of increment months for any individual'' in the matter preceding subparagraph (A) and inserting ``the number of increment months for any individual to whom an old- age, widow's, or widower's insurance benefit is payable as described in paragraph (1)''; and (C) by striking ``and'' at the end of paragraph (2)(A), and by striking paragraph (2)(B) and inserting the following: ``(B) with respect to which-- ``(i) in the case of an individual to whom an old- age insurance benefit is payable, such individual was a fully insured individual (as defined in section 214(a)) and-- ``(I) was not entitled to such a benefit, or ``(II) was so entitled but did not receive benefits pursuant to a request by such individual that benefits not be paid, or ``(ii) in the case of an individual to whom a widow's or widower's insurance benefit is payable, such individual satisfied subparagraphs (A), (B), and (D) of subsection (e)(1) or (f)(1) and-- ``(I) was not entitled to such a benefit, ``(II) was so entitled but suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit, or ``(III) was so entitled but did not receive benefits pursuant to a request by such individual that benefits not be paid, and ``(C) with respect to which such individual was not subject to a penalty under section 1129A.''. (2) Conforming amendments to section 202(w).-- (A) Section 202(w)(3) of such Act (42 U.S.C. 402(w)(3)) is amended by striking ``old-age'' each place it appears and inserting ``old-age, widow's, or widower's''. (B) Section 202(w)(5) of such Act (42 U.S.C. 402(w)(5)) is amended-- (i) by striking ``If an individual's primary insurance amount'' and inserting ``If the primary insurance amount on which an individual's old-age, widow's, or widower's insurance benefit is based''; (ii) by striking ``old-age'' each place it appears and inserting ``old-age, widow's, or widower's''; (iii) by striking ``his primary insurance amount'' each place it appears and inserting ``the primary insurance amount''; and (iv) by striking ``he'' and ``his'' each place they appear and inserting ``such individual'' and ``such individual's'', respectively. (C) Section 202(w)(6) of such Act (42 U.S.C. 402(w)(6)) is amended-- (i) by striking ``old-age'' each place it appears and inserting ``old-age, widow's, or widower's''; and (ii) by adding at the end (after and below subparagraph (D)) the following new sentence: ``For purposes of this paragraph, an individual is deemed to become eligible for an old-age insurance benefit on the first day of the month in which such individual attains age 62, and for a widow's or widower's insurance benefit on the first day of the month in which such individual attains age 60.''. (3) Other conforming amendments.-- (A) Section 202(e)(2)(A) of such Act (42 U.S.C. 402(e)(2)(A)) is amended by inserting ``subsection (w),'' after ``subsection (q),''. (B) Section 202(f)(2)(A) of such Act (42 U.S.C. 402(f)(2)(A)) is amended by inserting ``subsection (w),'' after ``subsection (q),''. (b) Treatment of Delayed Retirement in Cases of Simultaneous Entitlement to Old-Age Insurance Benefits and Widow's or Widower's Insurance Benefits.--Section 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended-- (1) by striking ``The amount'' in paragraph (1) and inserting ``Subject to paragraph (7), the amount''; and (2) by adding at the end the following new paragraph: ``(7) If for any month an individual is entitled (prior to the application of this subsection) both to an old-age insurance benefit and to a widow's or widower's insurance benefit, the resulting increase (if any) in the amount of the widow's or widower's insurance benefit under paragraph (1) shall be made (prior to the application of subsection (k)(3)(A)) in lieu of any increase in the amount of the old- age insurance benefit under such paragraph, unless-- ``(A) the amount of such old-age insurance benefit would be greater than the amount of such widow's or widower's insurance benefit after the application of paragraph (1) to each such benefit, or ``(B) the increase which would otherwise be made under such paragraph in the amount of such old-age insurance benefit would result (under the language following subparagraph (F) in the first sentence of subsection (e)(1) or (f)(1)) in the termination of the individual's entitlement to widow's or widower's insurance benefits.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to widow's and widower's insurance benefits (under section 202 (e) and (f) of the Social Security Act) for months after the month in which this Act is enacted.
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide for: (1) increases in widow's and widower's insurance benefits by reason of delayed retirement; and (2) the treatment of delayed retirement in cases of simultaneous entitlement to OASDI benefits and widow's or widower's insurance benefits.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Working Families Child Care Act of 1997''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Assistance for low-income working families. Sec. 4. Grants for child care supply shortages. Sec. 5. Report on access to child care by low-income working families. Sec. 6. Effective date. SEC. 2. FINDINGS. Congress makes the following findings: (1) Availability and affordability of quality child care is a major obstacle for working parents who struggle to remain self-sufficient. (A) Compared to all other income groups, the working poor are the least likely to receive assistance with their child care costs. (B) Low-income families spend 24 percent of their household income on child care, whereas middle-income families spend 6 percent of their household income on child care. (C) 38 States have waiting lists for child care for the working poor. Among those States, Georgia has 41,000 individuals on its waiting list, Texas has 36,000 individuals on its waiting list, and Illinois and Alabama each have 20,000 individuals on their waiting lists. (D) One survey of low-income families on a waiting list for subsidized child care found that of those families paying for child care out of their own funds, 71 percent faced serious debt or bankruptcy. (E) Half of the States and the District of Columbia, even before the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105) during the 104th Congress, increased the proportion of child care slots or dollars going to families on welfare, rather than to working poor families. (2) The Congressional Budget Office estimates that there will be $1,400,000,000 less expenditures of child care funds for working poor families as a result of the States implementing the work requirements imposed under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105). (3) Important types of child care are not available in certain States including infant care, school-age care, care for children with disabilities and special health care needs, and child care for parents with unconventional or shifting work hours. (A) A 1995 State study by the Comptroller General of the United States found a shortage of child care for infants and children with special needs in inner cities, and a shortage of all types of child care in rural areas. (B) Only one-third of the schools in low-income neighborhoods offer school-age child care, compared with 52 percent of schools in more affluent areas offering such care. (C) Eighth-graders who are left home alone for 11 or more hours a week report significantly greater use of cigarettes, alcohol, and marijuana than eighth- graders who are not left home alone. (D) Existing child care arrangements do not accommodate the work schedules of many working women. According to a 1995 statistic published by the Department of Labor, 14,300,000 workers, nearly 1 in 5 full-time workers work nonstandard hours, and more than 1 in 3 of those workers are women. (E) Only 10 percent of child care centers and 6 percent of family day care providers offer child care on weekends. Yet one-third of working mothers with annual incomes below the poverty level and one-quarter of mothers with annual incomes above the poverty level but below $25,000 work on weekends. (F) Less than 30 percent of Head Start programs operate on a full-time, full-year basis. SEC. 3. ASSISTANCE FOR LOW-INCOME WORKING FAMILIES. Section 658B of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows: ``SEC. 658B. FUNDING OF GRANTS. ``(a) Authorization of Appropriations.--Except as provided in subsection (b), there is authorized to be appropriated to carry out this subchapter $2,000,000,000 for each of fiscal years 1997 through 2002. ``(b) Appropriation.--The Secretary shall pay, from funds in the Treasury not otherwise appropriated, $1,400,000,000 for fiscal years 1997 through 2002, through the awarding of grants to States under this subchapter for the purpose of providing child care services for families who have left the State program of assistance under part A of title IV of the Social Security Act because of employment, families that are at risk of becoming dependent on such assistance program, and low-income working families described in section 658E(c)(3)(D). Funds shall be paid under this subsection to the States in the same manner, and subject to the same requirements and limitations, as funds are paid to the States under section 418 of the Social Security Act (42 U.S.C. 618).''. SEC. 4. GRANTS FOR CHILD CARE SUPPLY SHORTAGES. (a) Grants for Child Care Supply Shortages.--Section 658E(c)(3) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is amended by adding at the end the following: ``(E) Child care supply shortages.-- ``(i) In general.--A State shall ensure that 100 percent of amounts paid to the State out of funds appropriated under section 658B(a)(2) with respect to each of the fiscal years 1997 through 2002 shall be used to carry out child care activities described in clause (ii) in geographic areas within the State that have a shortage, as determined by the State, in consultation with localities, of child care services. ``(ii) Child care activities described.-- The child care activities described in this clause include the following: ``(I) Infant care programs. ``(II) Before- and after-school child care programs. ``(III) Resource and referral programs. ``(IV) Nontraditional work hours child care programs. ``(V) Extending the hours of pre- kindergarten programs to provide full- day services. ``(VI) Any other child care programs that the Secretary determines are appropriate.''. (b) Authorization of Appropriations.--Section 658B(a) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858(a)), as amended by section 2, is amended-- (1) by striking ``Except as provided in'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2) and''; and (2) by adding at the end the following: ``(2) Child care supply shortages.--There is authorized to be appropriated to carry out section 658E(c)(3)(E), $500,000,000 for each of fiscal years 1997 through 2002.''. (c) Conforming Amendment.--Section 658(c)(3)(A) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)(A)) is amended by striking ``(D)'' and inserting ``(E)''. SEC. 5. REPORT ON ACCESS TO CHILD CARE BY LOW-INCOME WORKING FAMILIES. (a) State Reporting Requirement.--Section 658K(a)(2) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; and (2) by inserting after subparagraph (E), the following: ``(F) the total number of families described in section 658B(b) that were eligible for but did not receive assistance under this subchapter or under section 418 of the Social Security Act and a description of the obstacles to providing such assistance; and ``(G) the total number of families described in section 658B(b) that received assistance provided under this subchapter or under section 418 of the Social Security Act and a description of the manner in which that assistance was provided;''. (b) Secretarial Reporting Requirement.--Section 658L of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended by inserting ``, with particular emphasis on access of low-income working families,'' after ``public''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act take effect as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105).
Working Families Child Care Act of 1997 - Amends the Child Care Development Block Grant Act of 1990 to extend its authorization of appropriations through FY 2002. Directs the Secretary of Health and Human Services, from (additional) Treasury funds not otherwise appropriated, to award grants to States to provide child care services for: (1) families who have left the State program of assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act because of employment; (2) families that are at risk of becoming dependent on such assistance program; and (3) low-income working families meeting specified criteria. Authorizes appropriations for grants to States for child care activities in areas of the State that have child care supply shortages. Includes among such child care activities programs for: (1) infant care; (2) before- and after-school; (3) resources and referrals; (4) nontraditional work hours; (5) extending the hours of pre-kindergarten programs to provide full-day services; and (6) any other program the Secretary deems appropriate. Requires State reports to include information on access to child care by low-income working families. Requires reports of the Secretary to place particular emphasis on such access. (Sec. 6) Makes this Act effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Redevelopment Assistance Act of 2005''. SEC. 2. PURPOSES. Consistent with section 2 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121), the purposes of this Act are-- (1) to provide targeted assistance, including planning assistance, for projects that promote-- (A) the redevelopment, restoration, and economic recovery of brownfield sites; and (B) eco-industrial development; and (2) through such assistance, to further the goals of restoring the employment and tax bases of, and bringing new income and private investment to, distressed communities that have not participated fully in the economic growth of the United States because of a lack of an adequate private sector tax base to support essential public services and facilities. SEC. 3. DEFINITIONS. Section 3 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3122) is amended-- (1) by redesignating paragraphs (1), (2), and (3) through (12) as paragraphs (2), (3), and (5) through (14), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: ``(1) Brownfield site.--The term `brownfield site' means a brownfield site (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)) with respect to which an entity has received, or is eligible to receive, funding under section 104(k) of that Act (42 U.S.C. 9604(k)) for site characterization, assessment, or remediation.''; (3) by inserting after paragraph (3) (as redesignated by paragraph (1)) the following: ``(4) Eco-industrial development.--The term `eco-industrial development' means development conducted in a manner in which businesses cooperate with each other and the local community to efficiently share resources (such as information, materials, water, energy infrastructure, and natural habitat) with the goals of-- ``(A) economic gains; ``(B) improved environmental quality; and ``(C) equitable enhancement of human resources in businesses and local communities.''; and (4) by adding at the end the following: ``(15) Unused land.--The term `unused land' means any publicly-owned or privately-owned unused, underused, or abandoned land that is not contributing to the quality of life or economic well-being of the community in which the land is located.''. SEC. 4. COORDINATION. Section 103 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3132) is amended by adding at the end the following: ``(c) Brownfield Site Redevelopment.--The Secretary shall coordinate activities relating to the redevelopment of brownfield sites and the promotion of eco-industrial development under this Act with other Federal agencies, States, local governments, consortia of local governments, Indian tribes, nonprofit organizations, and public-private partnerships.''. SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT. (a) In General.--Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at the end the following: ``SEC. 219. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT. ``(a) In General.--On the application of an eligible recipient, the Secretary may make grants for projects to alleviate or prevent conditions of excessive unemployment, underemployment, blight, and infrastructure deterioration associated with brownfield sites, including projects consisting of-- ``(1) the development of public facilities; ``(2) the development of public services; ``(3) business development (including funding of a revolving loan fund); ``(4) planning; ``(5) technical assistance; ``(6) training; and ``(7) the purchase of environmental insurance with respect to an activity described in any of paragraphs (1) through (3). ``(b) Criteria for Grants.--The Secretary may provide a grant for a project under this section only if-- ``(1) the Secretary determines that the project will assist the area where the project is or will be located to meet, directly or indirectly, a special need arising from-- ``(A) a high level of unemployment or underemployment, or a high proportion of low-income households; ``(B) the existence of blight and infrastructure deterioration; ``(C) dislocations resulting from commercial or industrial restructuring; ``(D) outmigration and population loss, as indicated by-- ``(i)(I) depletion of human capital (including young, skilled, or educated populations); ``(II) depletion of financial capital (including firms and investment); or ``(III) a shrinking tax base; and ``(ii) resulting-- ``(I) fiscal pressure; ``(II) restricted access to markets; and ``(III) constrained local development potential; or ``(E) the closure or realignment of-- ``(i) a military or Department of Energy installation; or ``(ii) any other Federal facility; and ``(2) except in the case of a project consisting of planning or technical assistance-- ``(A) the Secretary has approved a comprehensive economic development strategy for the area where the project is or will be located; and ``(B) the project is consistent with the comprehensive economic development strategy. ``(c) Particular Community Assistance.--Assistance under this section may include assistance provided for activities identified by a community, the economy of which is injured by the existence of 1 or more brownfield sites, to assist the community in-- ``(1) revitalizing affected areas by-- ``(A) diversifying the economy of the community; or ``(B) carrying out industrial or commercial (including mixed use) redevelopment, or eco-industrial development, projects on brownfield sites; ``(2) carrying out development that conserves land by-- ``(A) reusing existing facilities and infrastructure; ``(B) reclaiming unused land and abandoned buildings; or ``(C) promoting eco-industrial development, and environmentally responsible development, of brownfield sites; or ``(3) carrying out a collaborative economic development planning process, developed with broad-based and diverse community participation, that addresses the economic repercussions and opportunities posed by the existence of brownfield sites in an area. ``(d) Direct Expenditure or Redistribution by Eligible Recipient.-- ``(1) In general.--Subject to paragraph (2), an eligible recipient of a grant under this section may directly expend the grant funds or may redistribute the funds to public and private entities in the form of a grant, loan, loan guarantee, payment to reduce interest on a loan guarantee, or other appropriate assistance. ``(2) Limitation.--Under paragraph (1), an eligible recipient may not provide any grant to a private for-profit entity.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. prec. 3121) is amended by adding at the end of the items relating to title II the following: ``Sec. 219. Grants for Brownfield site redevelopment.''. (c) Conforming Repeal of Obsolete Report.--Section 611 of such Act, and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Title VII of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended by adding at the end the following: ``SEC. 705. AUTHORIZATION OF APPROPRIATIONS FOR BROWNFIELD SITE REDEVELOPMENT. ``(a) In General.--In addition to amounts made available under section 701, there is authorized to be appropriated to carry out section 219 $60,000,000 for each of fiscal years 2006 through 2010, to remain available until expended. ``(b) Federal Share.--Notwithstanding section 204, subject to section 205, the Federal share of the cost of activities funded with amounts made available under subsection (a) shall be not more than 75 percent.''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. prec. 3121) is amended by adding at the end of the items relating to title VII the following: ``Sec. 704. Authorization of appropriations for brownfield site redevelopment.''.
Brownfield Redevelopment Assistance Act of 2005 - Amends the Public Works and Economic Development Act of 1965 to require the Secretary of Commerce to coordinate activities relating to the redevelopment of brownfield sites and the promotion of eco-industrial development under such Act with other Federal agencies, States, local governments, consortia of local governments, Indian tribes, nonprofit organizations, and public-private partnerships. Authorizes the Secretary to make grants for projects to alleviate or prevent conditions of excessive unemployment, underemployment, blight, and infrastructure deterioration associated with brownfield sites through projects involving: (1) the development of public facilities or services; (2) business development; (3) planning; (4) technical assistance; (5) training; and (6) the purchase of environmental insurance with respect to certain of these activities. Sets forth grant criteria. Authorizes assistance under this Act for activities identified by a community, the economy of which is injured by one or more brownfield sites. Authorizes appropriations for brownfield site redevelopment grants for FY 2006 through 2010. Limits the Federal share of costs for activities funded by such grants to 75 percent of the total. Defines "brownfield site" by reference to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as real property the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant (subject to certain exclusions), and with respect to which an entity has received or is eligible to receive CERCLA funding for site characterization, assessment, or remediation.
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Improving the Juvenile Justice System for Girls Act of 2016''. (b) Findings.--The Congress finds as follows: (1) The proportion of girls entering the justice system has increased steadily over the past several decades, and girls are among the fastest growing segment of the juvenile justice population. In 1991, around 20 percent of the juvenile arrests were girls. By 2012, girls represented nearly 30 percent. (2) Girls' pathways into juvenile justice involvement are distinct from boys' pathways. Girls account for a much larger proportion of nonviolent status offenders than delinquency offenders (40 percent compared to 14 percent, respectively). (3) Girls are, on average, younger than boys when they enter the juvenile justice system and frequently experience multiple traumatic events. (4) The trauma of untreated physical and sexual abuse results in lifetime consequences for girls. These consequences include a higher risk for a number of negative social and health outcomes such as higher mortality rates, a variety of psychiatric problems, dysfunctional and violent relationships, poor educational achievement, less stable work histories, increased risk for sexually transmitted diseases and early pregnancy, substance abuse or addiction, and increased reliance on social services as compared to non-delinquent girls. (5) A growing body of evidence suggests that girls who enter the juvenile justice system have equal if not higher rates of mental health issues than boys who enter the system. (6) Current research and data have shown that gender- responsive, strength-based programming providing trauma- informed care and trauma-specific services is the most effective means of preventing juvenile offenses and reducing recidivism. SEC. 2. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS. The second title V of the Juvenile Justice and Delinquency Prevention Act of 1974 (relating to Incentive Grants for Local Delinquency Prevention Programs, as added by Public Law 102-586 and amended by Public Law 107-273) is amended-- (1) by amending section 502 (42 U.S.C. 5781) to read as follows: ``SEC. 502. DEFINITIONS. ``In this title: ``(1) State advisory group.--The term `State advisory group' means the advisory group appointed by the chief executive officer of a State under a plan described in section 223(a). ``(2) Gender-responsive services.--The term `gender- responsive services' means practices or evidence-based services that-- ``(A) comprehensively address the unique social, emotional, and physical, mental, and behavioral health needs of girls in the juvenile justice system through the development or improvement of programs, treatment, counseling, and resources, and the selection and training of staff, in a manner that reflects an understanding of-- ``(i) the unique pathways of girls into the juvenile justice system; ``(ii) the need for interventions that address experiences of girls in the juvenile justice system, including histories of physical, emotional, and sexual abuse, violence, unhealthy family relationships, and substance abuse; ``(iii) the social and cultural factors affecting girls in the juvenile justice system and girls who are at risk of entering the juvenile justice system; and ``(iv) the increased risk of unplanned pregnancy or sexually transmitted infections among girls in the juvenile justice system; and ``(B) includes trauma-informed services and trauma- specific interventions, that are evidence-based and research based. ``(3) Trauma-informed services.--The term `trauma-informed services' means services that-- ``(A) address the neurological, biological, psychological, and social effects of traumatic stress on those who have experienced such stressors; ``(B) provide youth, staff, and family members with psychoeducational resources to enhance their understanding of trauma exposure, the impact of traumatic stress, and interventions to address post- traumatic reactions; ``(C) engage in efforts to strengthen the resilience and protective factors of those who have experienced traumatic stress; ``(D) include trauma-informed interventions that are based on an understanding of the triggers associated with post-traumatic stress, and are designed to provide support to, and avoid re-traumatization of, individuals who have experienced traumatic stressors; ``(E) emphasize continuity of care and collaboration among the providers of services and families of youth who have experienced traumatic stress; and ``(F) universally screen for signs of trauma and traumatic stress, with additional assessment and treatment performed by a mental health provider with specific training in, and qualified to provide, trauma- specific interventions for those individuals who have experienced traumatic stress. ``(4) Trauma-specific intervention.--The term `trauma- specific intervention' means an empirically supported therapeutic intervention designed to reduce or prevent the adverse impact of post-traumatic stress symptoms and enhance recovery and resilience for persons who have experienced traumatic stressors.''; (2) in section 504 (42 U.S.C. 5783)-- (A) in subsection (a)-- (i) by striking ``and'' after the semicolon in paragraph (7); (ii) by redesignating paragraph (8) as paragraph (9); and (iii) by inserting after paragraph (7) the following: ``(8) gender-responsive services; and''; and (B) in subsection (b)-- (i) in paragraph (2), by inserting ``, including a description of how the funds made available under this section will increase the effectiveness of such plan and the activities to be carried out under such plan'' before the semicolon; and (ii) in paragraph (3), by inserting ``, including a description of how the funds made available under this section will increase the effectiveness of such plan and the activities to be carried out under such plan'' before the semicolon; and (3) in section 505 (42 U.S.C. 5784)-- (A) by striking ``and'' before ``2008''; and (B) by inserting before the period at the end the following: ``2017, 2018, 2019, 2020, 2021, and 2022''.
Improving the Juvenile Justice System for Girls Act of 2016 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to include gender-responsive services in the grant program for juvenile delinquency prevention.The bill defines "gender-responsive services" as practices and evidence-based services, including trauma-informed services and trauma-specific interventions, that comprehensively address the unique challenges that girls face in the juvenile justice system. The bill adds, as requirements for delinquency prevention grant eligibility, that a unit of general local government provide statements of how funds will increase the effectiveness of plans and activities to be carried out under them.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Adult Education and Literacy Act of 2014''. SEC. 2. AMERICAN INDIAN, ALASKA NATIVE, NATIVE HAWAIIAN, AND TRIBAL COLLEGE OR UNIVERSITY ADULT EDUCATION AND LITERACY. The Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.) is amended-- (1) in section 203-- (A) in paragraph (5)(D), by inserting ``, including a Tribal College or University'' after ``education''; (B) in paragraph (15)(B), by striking ``tribally controlled community college'' and inserting ``Tribal College or University''; (C) by redesignating paragraph (18) as paragraph (19); and (D) by inserting after paragraph (17) the following: ``(18) Tribal college or university.--The term `Tribal College or University' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).''; (2) in section 211(a)-- (A) in paragraph (2), by striking ``and'' after the semicolon; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: ``(3) shall reserve 2.3 percent to carry out section 244; and''; and (3) by inserting after section 243 the following: ``SEC. 244. AMERICAN INDIAN, ALASKA NATIVE, NATIVE HAWAIIAN, AND TRIBAL COLLEGE OR UNIVERSITY ADULT EDUCATION AND LITERACY. ``(a) Grants and Purpose.--From the amount reserved under section 211(a)(3) for a fiscal year, the Secretary shall award grants to Tribal Colleges or Universities and Native Hawaiian educational organizations-- ``(1) to enable the Tribal Colleges or Universities and Native Hawaiian educational organizations to develop and implement innovative, effective, and replicable programs designed to enhance life skills and transition individuals to employability and postsecondary education; and ``(2) to provide technical assistance to such colleges, universities, and organizations for program administration. ``(b) Application.--To be eligible to receive a grant under this section, a Tribal College or University or a Native Hawaiian educational organization shall submit to the Secretary an application at such time and in such manner as the Secretary may reasonably require. The Secretary shall, to the extent practicable, prescribe a simplified and streamlined format for such applications that takes into account the limited number of colleges, universities, and organizations that are eligible for assistance under this section. ``(c) Grants and Contracts.--Funding shall be awarded under this section to Tribal Colleges or Universities or Native Hawaiian educational organizations on a competitive basis through grants, contracts, or cooperative agreements of not less than 3 years in duration. ``(d) Consideration and Inclusion.--In making awards under this section, the Secretary may take into account the considerations set forth in section 231(e). In no case shall the Secretary make an award to a Tribal College or University or Native Hawaiian educational organization that does not include in its application a description of a multiyear strategy, including performance measures, for increasing the number of adult American Indian, Native Hawaiian, or Alaska Natives that attain a secondary school diploma or its recognized equivalent. ``(e) Eligible Activities.--Activities that may be carried out under a grant awarded under this section shall include-- ``(1) adult education and literacy services, including workplace literacy services; ``(2) family literacy services; ``(3) English literacy programs, including limited English proficiency programs; ``(4) opportunities for American Indians, Native Hawaiians, and Alaska Natives to qualify for a secondary school diploma, or its recognized equivalent; and ``(5) demonstration and research projects and professional development activities designed to develop and identify the most successful methods and techniques for addressing the educational needs of American Indian, Native Hawaiian, and Alaska Native adults. ``(f) Definition of Native Hawaiian Educational Organization.--The term `Native Hawaiian educational organization' means a private nonprofit organization that-- ``(1) serves the adult education and literacy needs and interests of Native Hawaiians; ``(2) has Native Hawaiians in substantive and policymaking positions within the organization; ``(3) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization; ``(4) has demonstrated expertise in the education or training of Native Hawaiian children, youth, or adults; and ``(5) has demonstrated expertise in research and program development.''.
Native Adult Education and Literacy Act of 2014 - Amends the Adult Education and Family Literacy Act to include Tribal Colleges or Universities as eligible providers of services under that Act. Directs the Secretary of Education to award competitive grants to Tribal Colleges or Universities and Native Hawaiian educational organizations to develop and implement innovative, effective, and replicable programs designed to enhance life skills and transition individuals to employability and postsecondary education. Requires grantees to have a multiyear strategy, including performance measures, for increasing the number of adult American Indians, Native Hawaiians, or Alaska Natives that attain a secondary school diploma or its recognized equivalent. Includes among the activities that may be funded by a grant: adult education and literacy services, including workplace literacy services; family literacy services; English literacy programs, including limited English proficiency programs; opportunities for American Indians, Native Hawaiians, and Alaska Natives to qualify for a secondary school diploma or its recognized equivalent; and demonstration and research projects and professional development activities designed to develop and identify the most successful means of addressing the educational needs of American Indian, Native Hawaiian, and Alaska Native adults.
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SECTION 1. EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE. (a) In General.--Section 121 of the Internal Revenue Code of 1986 (relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55) is amended to read as follows: ``SEC. 121. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. ``(a) General Rule.--Gross income does not include gain from the sale or exchange of property if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as his principal residence for periods aggregating 3 years or more. ``(b) Dollar Limitation.--The amount of the gain excluded from gross income under subsection (a) shall not exceed $500,000 ($250,000 in the case of a separate return by a married individual). ``(c) Special Rules.-- ``(1) Property held jointly by husband and wife.--For purposes of this section, if-- ``(A) property is held by a husband and wife as joint tenants, tenants by the entirety, or community property, ``(B) such husband and wife make a joint return for the taxable year of the sale or exchange, and ``(C) one spouse satisfies the holding and use requirements of subsection (a) with respect to such property, then both husband and wife shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(2) Property of deceased spouse.--For purposes of this section, in the case of an unmarried individual whose spouse is deceased on the date of the sale or exchange of property, if the deceased spouse (during the 5-year period ending on the date of the sale or exchange) satisfied the holding and use requirements of subsection (a) with respect to such property, then such individual shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(3) Tenant-stockholder in cooperative housing corporation.--For purposes of this section, if the taxpayer holds stock as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), then-- ``(A) the holding requirements of subsection (a) shall be applied to the holding of such stock, and ``(B) the use requirements of subsection (a) shall be applied to the house or apartment which the taxpayer was entitled to occupy as such stockholder. ``(4) Involuntary conversions.-- ``(A) In general.--For purposes of this section, the destruction, theft, seizure, requisition, or condemnation of property shall be treated as the sale of such property. ``(B) Property acquired after involuntary conversion.---If the basis of the property sold or exchanged is determined (in whole or in part) under subsection (b) of section 1033 (relating to basis of property acquired through involuntary conversion), then the holding and use by the taxpayer of the converted property shall be treated as holding and use by the taxpayer of the property sold or exchanged. ``(5) Application of sections 1033 and 1034.--In applying sections 1033 (relating to involuntary conversions) and 1034 (relating to sale or exchange of residence), the amount realized from the sale or exchange of property shall be treated as being the amount determined without regard to this section, reduced by the amount of gain not included in gross income under this section. ``(6) Property used in part as principal residence.--In the case of property only a portion of which, during the 5-year period ending on the date of the sale or exchange, has been owned and used by the taxpayer as his principal residence for periods aggregating 3 years or more, this section shall apply with respect to so much of the gain from the sale or exchange of such property as is determined, under regulations prescribed by the Secretary, to be attributable to the portion of the property so owned and used by the taxpayer. ``(7) Determination of marital status.--In the case of any sale or exchange, for purposes of this section-- ``(A) the determination of whether an individual is married shall be made as of the date of the sale or exchange; and ``(B) an individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(8) Determination of use during periods of out-of- residence care.--In the case of a taxpayer who-- ``(A) becomes physically or mentally incapable of self-care, and ``(B) owns property and uses such property as the taxpayer's principal residence during the 5-year period described in subsection (a) for periods aggregating at least 1 year, then the taxpayer shall be treated as using such property as the taxpayer's principal residence during any time during such 5-year period in which the taxpayer owns the property and resides in any facility (including a nursing home) licensed by a State or political subdivision to care for an individual in the taxpayer's condition.'' (b) Technical Amendments.-- (1) Sections 1033(k)(3), 1034(l), 1038(e)(1)(A), 1250(d)(7)(B), and 6012(c) of such Code are each amended by striking ``who has attained age 55''. (2) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 121 and inserting the following: ``Sec. 121. Exclusion of gain from sale of principal residence.'' (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges after December 31, 1996. SEC. 2. EXCLUSION OF GAIN ON SALE OF FARMLAND. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 121 the following new section: ``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF FARMLAND. ``(a) General Rule.--Gross income does not include gain from the sale or exchange of property if-- ``(1) such property is owned by the taxpayer throughout the 3-year period ending on the date of the sale or exchange, and ``(2) during the 5-year period ending on such date, such property has been used by any person as a farm for farming purposes (as defined in section 2032A(e)) for periods aggregating 3 years or more. ``(b) Dollar Limitation.--The amount of the gain excluded from gross income under subsection (a) shall not exceed $500,000 ($250,000 in the case of a separate return by a married individual). ``(c) Special Rules.--Rules similar to the rules of paragraphs (1), (2), and (7) of section 121(d) shall apply for purposes of this section.'' (b) Clerical Amendment.--The table of sections for such part III is amended by inserting after the item relating to section 121 the following new item: ``Sec. 121A. Exclusion of gain from sale of farmland.'' (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges after December 31, 1996.
Amends the Internal Revenue Code to revise rules concerning the exclusion from gain on the sale of a principal residence and on the sale of farmland, including providing for an exclusion of up to $500,000 in gains.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``High Risk Rural Roads Safety Act of 2011''. SEC. 2. HIGH RISK RURAL ROADS SAFETY PROGRAM. Title 23, United States Code, is amended by inserting after section 149 the following: ``Sec. 150. High risk rural roads safety program ``(a) In General.--The Secretary shall carry out a program to improve the safety of high risk rural roads in accordance with this section. ``(b) High Risk Rural Road Projects.--Funds apportioned to a State under this section may be used for any of the following projects and activities to improve the safety of a high risk rural road: ``(1) A road safety audit. ``(2) An intersection safety improvement. ``(3) Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists, pedestrians, and the disabled. ``(4) An improvement for pedestrian or bicyclist safety or safety of the disabled. ``(5) Construction of a railway-highway crossing safety feature, including installation of protective devices. ``(6) Construction of a traffic calming feature. ``(7) Improvement of highway signage and pavement markings, including to meet minimum levels of retroreflectivity established by the Department of Transportation. ``(8) Installation of a priority control system for emergency vehicles at signalized intersections. ``(9) Installation of a traffic control or other warning device at a location with high accident potential. ``(10) Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of motorists and workers), and crash attenuators. ``(11) The addition or retrofitting of structures or other measures to eliminate or reduce accidents involving vehicles and wildlife. ``(12) Installation and maintenance of signs (including fluorescent, yellow-green signs) at pedestrian-bicycle crossings and in school zones. ``(13) Installation of a skid-resistant surface at an intersection or other location with a high frequency of accidents. ``(14) Improvement of an edge drop-off that is greater than 4 inches. ``(15) Spot pavement and shoulder widening. ``(16) Elimination of a roadside obstacle. ``(17) Systemic improvements focusing on low-cost safety infrastructure investments. ``(18) Traffic enforcement or other activities relating to work zone safety. ``(c) Apportionment of Funds.--On October 1 of each fiscal year, the Secretary shall apportion the sums authorized to be appropriated to carry out this section for such fiscal year among the States in accordance with the following: ``(1) 25 percent in the ratio that-- ``(A) the total rural major collector lane miles in each State; bears to ``(B) the total rural major collector lane miles in all States. ``(2) 25 percent in the ratio that-- ``(A) the total rural minor collector lane miles in each State; bears to ``(B) the total rural minor collector lane miles in all States. ``(3) 25 percent in the ratio that-- ``(A) the total rural local road lane miles in each State; bears to ``(B) the total rural local road lane miles in all States. ``(4) 25 percent in the ratio that-- ``(A) the total number of fatalities, in the most recent fiscal year for which data is available, on rural major collector, rural minor collector, and rural local roads in each State; bears to ``(B) the total number of fatalities, in the most recent fiscal year for which data is available, on rural major collector, rural minor collector, and rural local roads in all States. ``(d) Federal Share.--The Federal share of the cost of a high risk rural road project carried out with funds apportioned to a State under this section shall be 90 percent. ``(e) Road Assessment Programs.--Notwithstanding subsection (b), a State may use not more than 1.25 percent or $100,000 of the funds apportioned to the State under this section in a fiscal year, whichever is greater, for a road assessment program, under which any of the following may be carried out to improve the safety of a high risk rural road: ``(1) Risk mapping to document the safety performance of a road. ``(2) Documenting the risk of death or serious injury from an accident with respect to a road, including specifying the locations where that risk is high or low. ``(3) Monitoring changes in the safety performance of a road segment over time and determining how those changes relate to safety improvement activities. ``(4) Examining the effectiveness of road infrastructure improvements with respect to protecting road users from accidents, including accidents that result in death or serious injury. ``(5) Identifying roads eligible to be assisted under subsection (b). ``(6) Identifying cost-effective improvements for a specific road segment. ``(f) Reports.--The Secretary shall submit annually to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing progress made in reducing the number of fatalities and incapacitating injuries on each of the high risk rural roads with respect to which a project was carried out under this section. ``(g) High Risk Rural Road Defined.--In this section, the term `high risk rural road' means any roadway functionally classified as a rural major or minor collector or a rural local road-- ``(1) with respect to which there is a significant likelihood of accidents resulting in fatalities or incapacitating injuries; or ``(2) with respect to which there is a physical condition that presents to users of the roadway an increased risk of an accident, including an accident resulting in a serious injury. ``(h) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $400,000,000 for each of fiscal years 2012 through 2017. Funds made available to carry out this section shall not be transferrable and shall remain available until expended.''. SEC. 3. CONFORMING AMENDMENTS. Section 148 of title 23, United States Code, is amended-- (1) by striking subsection (f); and (2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively. SEC. 4. CLERICAL AMENDMENT. The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 149 the following: ``150. High risk rural roads safety program.''.
High Risk Rural Roads Safety Act of 2011 - Directs the Secretary of Transportation (DOT) to carry out a program to improve the safety of high risk rural roads. Requires the Secretary to apportion formulated percentages of federal funds to states to carry out specified projects and activities to improve the safety of such roads. Prescribes the federal share of project costs at 90%. Authorizes a state to use not more than 1.25% or $100,000 (whichever is greater) of apportioned funds for a road safety assessment program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadcast Licensing in the Public Interest Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The broadcast airwaves are an extremely vital and valuable public resource. If television and radio broadcast spectrum were to be auctioned for commercial use it could generate several hundred billion dollars for the public treasury. (2) The Communications Act of 1934 requires the Federal Communications Commission and broadcast licensees to promote the public interest. As public trustees, over-the-air television and radio broadcast licensees have been granted the unique privilege of using a scarce public asset--the airwaves-- for free in exchange for their promise to serve the public interest, convenience and necessity. (3) In 1969, the Supreme Court declared in Red Lion Broadcasting Co. v. Federal Communications Commission that ``it is the purpose of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail, rather than to countenance monopolization of the market,'' and thus, it is ``the right of the viewers and listeners, not the right of the broadcasters, which is paramount''. (4) Drastic media consolidation over the past decade has greatly diminished the broadcast licensees' performance of public interest obligations and broadcast media's ability to foster diversity, competition, and localism. (5) An October 2003 analysis of seven media markets shows that just 0.4 percent of television programming is devoted to local public affairs. By contrast, 14.4 percent is paid programming such as infomercials, 9.9 percent is reality or game shows and 7.9 percent is sporting events. In addition, most of the local public affairs programming airs on weekend mornings, at times with lower television viewership. (6) Independently produced programming now accounts for less than one-fifth of television prime time programming. On the four major networks, independent programming accounts for about one-seventh. (7) A survey of evening television news broadcasts of 44 local affiliates of broadcasters in 11 markets prior to the 2004 election showed that only eight percent of such broadcasts contained a story about local elections. By contrast, 8 times more coverage went to stories about accidental injuries, and 12 times more coverage to sports and weather. In 2006, news about politics and government accounted for about 10 percent of stories on local television news while crime and traffic comprised nearly 50 percent of the coverage. SEC. 3. BASIS FOR PUBLIC INTEREST DETERMINATIONS. Section 309(k) of the Communications Act of 1934 (47 U.S.C. 309(k)) is amended by adding at the end the following new paragraph: ``(5) Basis for finding station has served the public interest, convenience, and necessity.-- ``(A) Demonstration required.--The Commission shall not find for purposes of paragraph (1)(A) that a station, through its programming, has served the public interest, convenience, and necessity unless the applicant has fulfilled these obligations by demonstrating-- ``(i) a dedication to the civic affairs of its community; ``(ii) a dedication to local news gathering; ``(iii) local production of programming; ``(iv) a commitment to providing the viewing public a presentation of the issues, candidates, and ballot items that are before voters during a local, statewide or national election, including coverage of candidate debates and forums, political conventions, and ongoing news coverage; and ``(v) presentation of quality educational programming for children. ``(B) Regulations.--The Commission shall prescribe regulations to implement subparagraph (A) that-- ``(i) require each licensee for a station to submit to the Commission an annual report identifying with particularity the methods and actions taken to fulfill the obligations identified in subparagraph (A); ``(ii) require each such licensee to ascertain its compliance with such obligations with appropriate public input from the community of license for such station; and ``(iii) contain such exemptions from one or more of such obligations for particular classes or categories of such licensees if the Commission determines that such obligation is inappropriate for such class or category.''. SEC. 4. TERMS OF LICENSES. (a) Amendment.--Section 307(c)(1) of the Communications Act of 1934 (47 U.S.C. 307(c)(1)) is amended by striking ``8 years'' each place it appears and inserting ``3 years''. (b) Effective Date.--The amendment made by subsection (a) shall be effective with respect to any license granted by the Federal Communications Commission after the date of enactment of this Act.
Broadcast Licensing in the Public Interest Act - Amends the Communications Act of 1934 to require, as a part of broadcast station license renewal, that a station demonstrate it's dedication to civic affairs, local news, local programming, elections, and educational programming for children. Decreases the term of new and renewal licenses from eight to three years.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistant United States Attorneys Retirement Benefit Equity Act of 1998''. SEC. 2. TREATMENT OF ASSISTANT UNITED STATES ATTORNEYS. (a) Civil Service Retirement System.-- (1) Inclusion in definition of a law enforcement officer.-- Paragraph (20) of section 8331 of title 5, United States Code, is amended by striking ``position.'' and inserting ``position and an Assistant United States Attorney.''. (2) Definition of an assistant united states attorney.-- Section 8331 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following: ``(28) `Assistant United States Attorney' means an assistant United States attorney appointed under section 542 of title 28.''. (b) Federal Employees' Retirement System.-- (1) Inclusion in definition of a law enforcement officer.-- Paragraph (17) of section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of subparagraph (C), by adding ``and'' after the semicolon at the end of subparagraph (D), and by adding at the end the following: ``(E) an Assistant United States Attorney;''. (2) Definition of an assistant united states attorney.-- Section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``; and'', and by adding at the end the following: ``(34) `Assistant United States Attorney' means an assistant United States attorney appointed under section 542 of title 28.''. (c) Effective Date.--Except as otherwise provided in section 3, this Act and the amendments made by this Act shall take effect on the first day of the first applicable pay period beginning after the expiration of the 90-day period beginning on the date of enactment of this Act. SEC. 3. PROVISIONS RELATING TO INCUMBENTS. (a) Incumbent Defined.--For purposes of this section, the term ``incumbent'' means an individual first appointed as an Assistant United States Attorney before the effective date of this Act who is serving in that capacity on such effective date. (b) Notice Requirement.--Not later than 6 months after the effective date of this Act, the Department of Justice shall take measures reasonably designed to provide notice to incumbents as to their election rights under this Act, and the consequences of making or not making a timely election under this Act. (c) Election Available to Incumbents.-- (1) In general.--An incumbent may elect, for all purposes, either-- (A) to be treated in accordance with the amendments made by this Act; or (B) to be treated in the same way as if this Act had never been enacted. Failure to make a timely election under this subsection shall be treated in the same way as an election under subparagraph (A) made on the last day allowable under paragraph (2). (2) Deadline.--An election under this subsection shall not be effective unless it is made before the 90th day after the date on which the notice under subsection (b) is provided or the date on which the incumbent involved separates from service, whichever is earlier. (3) Interim status.--Notwithstanding any other provision of this Act, no change in the retirement coverage of any incumbent shall occur, by reason of the enactment of this Act, before the date on which an election under paragraph (1)(A) is made (or deemed to have been made). (d) Retroactive Effect.--In the case of any incumbent who elects (or is deemed to have elected) the option under subsection (c)(1)(A), all service performed by such individual as an Assistant United States Attorney shall-- (1) to the extent performed on or after the effective date of that election, be treated in accordance with applicable provisions of chapter 83 or 84 of title 5, United States Code, as amended by this Act; and (2) to the extent performed before the effective date of that election, be treated in accordance with applicable provisions of chapter 83 or 84 of such title, as if the amendments made by this Act had then been in effect. (e) Makeup Contributions.-- (1) In general.--In addition to any other payment that it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code-- (A) the Department of Justice shall remit to the Office of Personnel Management, in such time, form, and manner as the Office may require, the amount described in paragraph (2); and (B) any amount so remitted shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. (2) Amount to be remitted.--The amount described in this paragraph is the total amount of additional individual and Government contributions to the Civil Service Retirement and Disability Fund that would have been required (for all incumbents described in subsection (d), for all service performed by them as an Assistant United States Attorney before the effective date of their election under subsection (c)), if the amendments made by this Act had then been in effect, plus interest. (3) No individual liability.--Nothing in this Act or in chapter 83 or 84 of title 5, United States Code (as amended by this Act) shall be considered to create any individual liability for any shortfall in any contributions required to be made up in the manner provided for under this subsection. (f) Regulations.--The Office of Personnel Management shall prescribe any regulations necessary to carry out this Act, including provisions under which any interest due on the amount described in subsection (e) shall be determined. (g) Definition.--For purposes of this section, the term ``Assistant United States Attorney'' means an assistant United States attorney appointed under section 542 of title 28, United States Code.
Assistant United States Attorneys Retirement Benefit Equity Act of 1998 - Makes applicable to Assistant United States Attorneys the provisions of the Civil Service Retirement System and the Federal Employees Retirement System that apply to Federal law enforcement officers. Directs the Department of Justice to provide notice to incumbent Assistant U.S. Attorneys as to their election rights under this Act and the consequences of making or not making a timely election under this Act. Allows such incumbents to elect the option to be treated either: (1) in accordance with the amendments made by this Act; or (2) as if this Act had never been enacted.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Educators Working Act of 2010''. SEC. 2. RETAINING EDUCATORS. (a) Education Jobs Fund.--There is appropriated, for fiscal year 2010, for necessary expenses for an Education Jobs Fund, $23,000,000,000. Such amount shall be appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Education. The amount shall remain available for obligation by the Department through the date that is 180 days after the date of enactment of this Act. The amount shall be administered by the Secretary of Education under the terms and conditions of titles XIV and XV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), subject to the provisions of subsection (b). (b) Special Rules.-- (1) Allotments to states and outlying areas.--The funds appropriated under this Act shall be available only for allocations by the Secretary of Education under subsections (a) and (d) of section 14001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), except that the Secretary may reserve not more than $1,000,000 for administration and oversight of this Act, including for program administration. (2) Reservation by state.--With respect to funds appropriated under this Act, a State that receives an allocation of such funds in accordance with section 14001(d) of such Act may reserve a total of not more than 5 percent of the State's allocation for-- (A) the administrative costs of carrying out the State's responsibilities with respect to such funds, except that in no case shall the State reserve more than 1 percent of its total allocation for those costs; and (B) the costs of retaining or creating positions in the State educational agency or the State agency for higher education, and other State agency positions related to the administration or support of early childhood, elementary, secondary, or postsecondary education. (3) Awards to local educational agencies and public institutions of higher education.-- (A) Use of funds.--Subsections (a) and (b) of section 14002 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall not apply to an allocation of funds appropriated under this Act. Except as provided under paragraph (2), an allocation of such funds shall be used only for awards to local educational agencies and public institutions of higher education for the support of early childhood, elementary, secondary, and postsecondary education in accordance with subparagraph (B). (B) Distribution by governor.-- (i) In general.--The Governor of a State receiving an allocation of funds appropriated under this Act shall use the appropriated funds to award grants to local educational agencies (through the State's primary elementary and secondary funding formulae) and public institutions of higher education in order to restore the reductions in State funding for elementary and secondary education and for public institutions of higher education, respectively, that remain for fiscal years 2010 and 2011, as determined in accordance with clause (iv). (ii) Insufficient amount.-- (I) In general.--In the case of a State that receives an allocation of funds appropriated under this Act for a fiscal year that is less than the amount necessary to carry out clause (i), the Governor of the State shall distribute the State's allocation for such fiscal year between local educational agencies (through the State's primary elementary and secondary funding formulae) and public institutions of higher education in proportion to the relative reductions in State support for these two categories of education for such fiscal year. (II) Exception.--The Governor may adjust the amount of funds awarded to local educational agencies (in the aggregate) and the amount of funds awarded to public institutions of higher education (in the aggregate) for a fiscal year pursuant to subclause (I) by increasing or decreasing such amounts of funds by the amount that is not more than 10 percent of the larger of the 2 amounts of funds. (iii) Distribution of excess amount.--In the case of a State that receives an allocation of funds appropriated under this Act that is more than the amount necessary to carry out clause (i), the Governor of the State shall use any funds remaining after the application of clause (i) to provide local educational agencies in the State with awards, based on the local educational agencies' relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent fiscal year for which data are available. (iv) Calculation of reductions.--For purposes of calculating reductions in State funding under this subparagraph for a fiscal year-- (I) the amount of reductions in State funding for elementary and secondary education or for public institutions of higher education for a fiscal year shall be determined by comparing the level of such State funding for such fiscal year with the level of such State funding for the preceding fiscal year; and (II) the levels of such State funding shall include any funds received by the State under section 14001(d) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and, for fiscal year 2011, any funds received by the State under this section for fiscal year 2010. (4) Inapplicability of education reform assurances.-- Subsection (b), and paragraphs (2) through (5) of subsection (d), of section 14005 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall not apply to any application for an allocation of funds appropriated under this Act from a State that has an approved application for Phase II of the State Fiscal Stabilization Fund under title XIV of division A of such Act that was submitted in accordance with the application notice published in the Federal Register on November 17, 2009 (74 Fed. Reg. 59142). (5) Requirement to use funds to retain or create education jobs.--Notwithstanding sections 14003(a) and 14004(a) of such Act, funds appropriated under this Act may be used only for-- (A) compensation and benefits and other expenses necessary to retain existing employees, and for the hiring of new employees, in order to provide early childhood, elementary, secondary, or postsecondary educational and related services; or (B) on-the-job training activities, as defined in section 101(31) of the Workforce Investment Act of 1998 (29 U.S.C. 2801(31)), for education-related careers. (6) Prohibition on use of funds for rainy day funds or debt retirement.-- (A) In general.--Subject to subparagraph (B), a State that receives an allocation of funds appropriated under this Act may not use such funds to-- (i) establish, restore, or supplement a reserve or rainy day fund of the State or to supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a reserve or rainy day fund; or (ii) reduce or retire debt obligations incurred by the State or to supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State. (B) Exception.--Subparagraph (A) shall not apply to fund balances that are necessary to comply with any State requirement to maintain a balanced budget. (7) Application considerations.--If, by a date set by the Secretary of Education, a Governor has not submitted an approvable application under section 14005(a) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the Secretary may provide for the distribution of funds appropriated under this Act that are allocated under section 14001(d) of the American Recovery and Reinvestment Act of 2009 for the State to 1 or more other entities in the State, in such amounts and under such terms and conditions as the Secretary may establish, as long as all terms and conditions that apply to the appropriation under this Act shall apply to such funds distributed to such entity or entities. (8) Local educational agency application.--The requirements of section 442 of the General Education Provisions Act (20 U.S.C. 1232e) shall not apply to a local educational agency that has previously submitted an application to the State under title XIV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and wishes to receive funds appropriated under this Act, as the assurances provided under the previous application shall continue to apply to funds awarded under this Act. (9) Maintenance of effort.-- (A) In general.--In order for a State to receive an allocation of funds appropriated under this Act, the Governor of a State shall, in lieu of the assurances required under section 14005(d)(1) of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5), provide assurances to the Secretary of Education that, for each of fiscal years 2010 and 2011, the State will-- (i) meet the requirements of section 14005(d)(1) for such fiscal year; or (ii) provide, for elementary and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students), percentages of the total revenues available to the State for each fiscal year that-- (I) for fiscal year 2010, are not less than such percentages, respectively, for fiscal year 2006; and (II) for fiscal year 2011, are not less than such percentages, respectively, for fiscal year 2009. (B) Inapplicable requirement.--Section 14012(c) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall not apply with respect to any allocations made for fiscal year 2011 from funds appropriated under this Act. (10) Period for obligation of funds.--The Secretary of Education may extend the period of time available to States and recipients of awards under this section to obligate the funds appropriated under this Act for one additional fiscal year beyond the period provided for under section 421(b)(1) of the General Education Provisions Act (20 U.S.C. 1225(b)(1)). SEC. 3. EMERGENCY DESIGNATION. This Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.
Keep Our Educators Working Act of 2010 - Appropriates funds for an Education Jobs Fund. Allocates the bulk of such Fund for grants to states pursuant to a formula that considers each state's share of individuals age 5 through 24 and each state's share of the nation's total population. Authorizes states to reserve a portion of the grant funds for administrative costs and for retaining or creating state education positions. Requires states to use the bulk of the grant to award subgrants to local educational agencies (LEAs) and public institutions of higher education to restore the reductions in state funding for elementary and secondary education and for public institutions of higher education that remain for FY2010 and FY2011, after including the funds they received for such reductions under the American Recovery and Reinvestment Act of 2009. Requires states that receive a grant that is more than what is required to cover such activities to allocate the excess to their LEAs based on the LEAs' relative share of school improvement funds under title I of the Elementary and Secondary Education Act of 1965. Limits the use of subgrant funds to retaining or hiring new employees, or on-the-job training activities for education careers. Designates this Act's appropriation as an emergency requirement.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Access to Disaster Relief and Preparedness Services Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Effective communication is essential to meaningful access to disaster relief related services. (2) Research establishes that the lack of language services and culturally competent services creates barriers, and diminishes the quality of access, to public services for individuals with limited English proficiency. (3) Communities from across the country have reported language difficulties and inadequate funding of language services and culturally competent services to be major barriers to the access of individuals with limited English proficiency to public services and disaster relief related services in the areas of health care, mental health, housing assistance, and small business. (4) The number of non-English speaking residents in the United States continues to increase. (5) 47,000,000 people, 18 percent of the United States population, speak a language other than English at home; and 21,000,000 people, 8 percent of the United States population, speak English less than very well and, therefore, cannot effectively communicate with health and social service and disaster relief providers. (6) At least 19,641 individuals within the Hurricane Katrina and Rita disaster areas spoke English less than very well. (7) 12,649 individuals within the Hurricane Katrina and Rita disaster areas who spoke Asian and Pacific Islander languages spoke English less than very well. (8) According to the Census, approximately 30,000 Vietnamese-Americans lived in the Gulf Coast region devastated by Hurricane Katrina and Rita with an estimated 15,000 Vietnamese-Americans who evacuated to Houston, Texas. (9) According to the 2004 Census, 67,000 Asian Americans and Pacific Islanders have been affected by the Hurricane Rita and Katrina disasters. (10) Congress has identified discrimination as a problem to be addressed in disaster assistance since Hurricane Camille struck in 1969. The Disaster Relief Act of 1970 (84 Stat. 1730) included a nondiscrimination section. Despite such past actions, discrimination in disaster assistance remains a problem and should be addressed. (11) The prohibition on discrimination on the basis of national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) has long been interpreted to forbid discrimination on the basis of language. (12) In order to avoid discrimination against individuals with limited English proficiency on the basis of national origin, providers of disaster relief related services should take adequate steps to ensure that such individuals receive the language services necessary to afford meaningful access to such services, free of charge. (13) The responsibility to fund language services in the provision of disaster relief related services to individuals with limited English proficiency is a societal one that cannot fairly be visited upon any one segment of the disaster relief, health care, public health, public safety, or social services community. (14) Linguistic and cultural diversity in the disaster relief related services workforce is important for providing all communities, including communities of individuals with limited English proficiency, the environment most conducive to equitable, efficient, and meaningful access to disaster relief related services. (15) All members of the disaster relief related services community should continue to educate their staff and constituents about limited English proficient issues and help them identify resources to improve access to quality public services and assistance for individuals with limited English proficiency. (b) Purposes.--The purposes of this Act are to assist providers of disaster relief related services-- (1) to improve, through effective communication, the quality of disaster relief related services for individuals with limited English proficiency; and (2) to meet their obligation and responsibility to ensure equal access to such services for such individuals. SEC. 3. NONDISCRIMINATION IN DISASTER ASSISTANCE WITH RESPECT TO ENGLISH PROFICIENCY. (a) In General.--Section 308 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5151) is amended-- (1) in subsection (a) by inserting ``English proficiency,'' after ``age,''; and (2) by adding at the end the following: ``(c) Responsibility of President.--In carrying out this section, the President shall-- ``(1) ensure that all Federal entities that provide assistance under this Act maintain, on a continuing and updated basis, the capability to administer competent interpreter and translation services; ``(2) communicate with State and local governments for the purpose of identifying individuals with limited English proficiency and including such individuals in disaster preparedness planning and direct all Federal agencies to provide to appropriate population segments, in a timely manner, translated notices and documents to implement disaster relief assistance under this Act; ``(3) ensure that the information in such translated notices and documents is provided to private organizations, neighborhood associations, houses of worship, and other organizations that could assist with the distribution of the translated information to affected and appropriate population segments; ``(4) ensure that the information in such translated notices and documents reflects the information provided by the President through the following types of media: ``(A) emergency notifications, public broadcasts, electronic roadside signs, flyers, brochures, applications, and letters containing important information regarding assistance authorized to be provided by the President under this Act; ``(B) notices pertaining to the reduction, denial, or termination of services or benefits under this Act; ``(C) notices of the right to appeal actions referred to in subparagraph (B); and ``(D) notices for limited English proficient individuals of the availability of free language services and other outreach materials; ``(5) have available for activation a cadre of disaster relief and emergency assistance employees sufficient to provide services under paragraph (2); ``(6) develop and maintain an informational clearinghouse of model language assistance programs and best practices for State and local governments in providing disaster and emergency related services; and ``(7) report to Congress on the treatment of individuals with limited English proficiency during the Hurricane Katrina disaster and on the feasibility of establishing and operating a toll-free number by which such individuals will be able to obtain information in their primary language regarding federally funded disaster services and the availability public disaster benefits.''. (b) Technical Assistance for Development of Plans and Programs.-- Section 201(b) of such Act (42 U.S.C. 5131(b)) is amended by inserting ``with and without English proficiency'' after ``to individuals''. SEC. 4. EMERGENCY PREPAREDNESS DEMONSTRATION. (a) In General.--Beginning not later than the 180th day following the date on which funds are appropriated to carry out this section, the Director of the Federal Emergency Management Agency shall conduct an emergency preparedness demonstration program to study the needs of individuals and households with limited English proficiency for use in the design and development of community and family preparedness programs and to develop initiatives based on the results of the study to improve disaster awareness and readiness in communities that have individuals with limited English proficiency. (b) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000 to carry out this section.
Equitable Access to Disaster Relief and Preparedness Services Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require regulations issued for the guidance of personnel providing federal assistance at major disaster sites to include provisions ensuring that relief activities be accomplished without discrimination based on English proficiency. Directs the President to: (1) ensure that all federal entities that provide assistance maintain the capability to administer competent interpreter and translation services; (2) communicate with state and local governments to identify individuals with limited English proficiency and include them in disaster preparedness planning; (3) have available for activation a sufficient cadre of emergency assistance employees; (4) develop and maintain an informational clearinghouse of model language assistance programs and best practices; and (5) report to Congress on the treatment of individuals with limited English proficiency during Hurricane Katrina and on the feasibility of operating a toll-free number by which such individuals can obtain information in their primary language regarding federally funded disaster services and benefits. Includes within the technical assistance the President is required to provide to states assistance to individuals with and without English proficiency following disasters. Requires the Director of the Federal Emergency Management Agency (FEMA) to: (1) conduct an emergency preparedness demonstration program to study the needs of individuals and households with limited English proficiency for use in the design and development of community and family preparedness programs; and (2) develop initiatives to improve disaster awareness and readiness in communities that have individuals with limited English proficiency.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Permitting Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Pilot project.--The term ``Pilot Project'' means the pilot project to improve Federal renewable energy permit coordination established under section 3(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PILOT PROJECT TO IMPROVE FEDERAL RENEWABLE ENERGY PERMIT COORDINATION. (a) Establishment.--During the period of fiscal years 2009 through 2018, the Secretary shall establish and carry out a pilot project to improve Federal renewable energy permit coordination. (b) Memorandum of Understanding.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section with-- (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Chief of Engineers. (2) State participation.--The Secretary may request that the Governors of the States of Arizona, California, Nevada, and Wyoming be signatories to the memorandum of understanding described in paragraph (1). (c) Designation of Qualified Staff.-- (1) In general.--Not later than 30 days after the date on which the memorandum of understanding under subsection (b) is signed, all Federal signatory parties shall, if appropriate, assign to each of the field offices specified in subsection (d) an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in-- (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); (B) permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344); (C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.); (D) planning under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Duties.--Each employee assigned under paragraph (1) shall-- (A) not later than 90 days after the date of assignment, report to field managers of the Bureau of Land Management in the office to which the employee is assigned; (B) be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses. (d) Field Offices.--The field offices referred to in subsection (c)(1) shall include offices in, at a minimum, the States of Arizona, California, Nevada, and Wyoming. (e) Additional Personnel.--The Secretary shall assign to each field office specified in subsection (d) any additional personnel that are necessary to ensure the effective implementation of-- (1) the Pilot Project; and (2) other programs administered by the field offices, including inspection and enforcement relating to renewable energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (f) Distribution of Solar and Wind Energy Rental Income.-- (1) In general.--Subject to paragraphs (2) through (5) and notwithstanding any other provision of law, for fiscal year 2009 and each fiscal year thereafter, of the amount of solar and wind energy rental income collected by the Bureau of Land Management (in lieu of depositing all of the income into the general fund of the Treasury)-- (A) 50 percent shall be paid by the Secretary of the Treasury to the 1 or more States within the boundaries of which the income is derived; (B) 25 percent shall be paid by the Secretary of the Treasury to the 1 or more counties within which the income is derived; (C)(i) in the case of each of fiscal years 2009 through 2018, 20 percent or $5,000,000, whichever is less, shall be deposited in a special fund in the Treasury, to be known as the ``Renewable Energy Permit Processing Improvement Fund''; and (ii) in the case of fiscal year 2019 and each fiscal year thereafter, 20 percent shall remain in the general fund of the Treasury; and (D) 5 percent shall be deposited in a special fund in the Treasury, to be known as the ``Solar Energy Land Reclamation, Restoration, and Mitigation Fund''. (2) Valuation.--To determine the value of public land for the purpose of determining rental income described in paragraph (1)-- (A) the value of the public land used for solar energy projects shall be determined by the Bureau of Land Management based on statistics of the National Agricultural Statistical Service; (B) the value of the public land used for wind energy projects shall be determined in accordance with the rental schedule established by the Secretary, acting through the Bureau of Land Management, in effect as of the date of enactment of this Act; and (C) the value of the public land used for geothermal energy projects shall be determined in accordance with the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.). (3) Renewable energy permit processing improvement fund.-- Amounts in the Renewable Energy Permit Processing Improvement Fund established under paragraph (1)(C)(i) shall be available to the Secretary for the coordination and processing of renewable energy permits required for renewable energy projects on Federal public land. (4) Solar energy land reclamation, restoration, and mitigation fund.-- (A) In general.--Amounts in the Solar Energy Land Reclamation, Restoration, and Mitigation Fund under paragraph (1)(D) shall be available to the Secretary for the purpose of-- (i) reclaiming and restoring public land used for the production of solar energy, including land used for ancillary facilities; and (ii) mitigating impacts on public land, including protecting other sensitive public land if the land used for solar or wind power generation cannot be adequately restored without the use of funds made available under this paragraph, as determined by the Secretary. (B) Maximum amount.-- (i) In general.--The total amount of funds deposited in the Solar Energy Land Reclamation, Restoration, and Mitigation Fund under paragraph (1)(D) shall not exceed $50,000,000. (ii) Surplus amounts.--If the total amount of funds deposited in the Solar Energy Land Reclamation, Restoration, and Mitigation Fund under paragraph (1)(D) is $50,000,000, any additional amounts that would otherwise be deposited in the Fund under paragraph (1)(D) shall remain in the general fund of the Treasury. (5) Availability of funds.--Amounts under this subsection shall be available for expenditure in accordance with this subsection, without further appropriation and without fiscal year limitation. (g) Transfer of Funds.--For the purposes of coordination and processing of renewable energy permits required for renewable energy projects on Federal public land under the administration of the Pilot Project offices specified in subsection (d), the Secretary may authorize the expenditure or transfer of such funds as are necessary to-- (1) the United States Fish and Wildlife Service; (2) the Bureau of Indian Affairs; (3) the Forest Service; (4) the Environmental Protection Agency; (5) the Corps of Engineers; and (6) the States of Arizona, California, Nevada, and Wyoming (for costs incurred by the States relating to the permitting process). (h) Fees.--During the period in which the Pilot Project is authorized, the Secretary shall not implement any regulation or initiate any rulemaking to enable an increase in fees to recover additional costs relating to renewable energy permits required for renewable energy projects on Federal public land. (i) Effect on Other Authority.--Nothing in this section affects-- (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency the employees of which are participating in the Pilot Project. (j) Length of Leases for Renewable Energy Projects on Public Land.--The length of leases for renewable energy projects on public land carried out under this Act shall be determined in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (k) Reports.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) describes the results of the Pilot Project as of the date of the report; and (2) makes a recommendation to the President regarding whether the Pilot Project should be implemented throughout the United States. (l) Deposit and Use of Geothermal Leave Revenues.--Section 234 of the Energy Policy Act of 2005 (42 U.S.C. 15873) is amended-- (1) in the section heading, by striking ``for 5 fiscal years''; and (2) in subsection (a), by striking ``in the first 5 fiscal years beginning after the date of enactment of this Act''.
Renewable Energy Permitting Act of 2009 - Directs the Secretary of the Interior to establish and carry out a pilot program in FY2009-FY2018 to improve federal renewable energy permit coordination. Provides for the distribution of solar and wind energy rental income collected by the Bureau of Land Management in specified percentages to: (1) certain states in which such income is derived; (2) the Renewable Energy Permit Processing Improvement Fund; and (3) the Solar Energy Land Reclamation, Restoration, and Mitigation Fund. Authorizes the Secretary to use amounts in such Funds for processing renewable energy permits and for reclaiming and restoring public land used for the production of solar energy. Amends the Energy Policy Act of 2005 to eliminate the five year limitation on the deposit and use of lease revenues under the Geothermal Steam Act of 1970.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Health Care Reform Act of 2005''. SEC. 2. REFUNDABLE CREDIT FOR HEALTH CARE COSTS. (a) In General.--Section 35 of the Internal Revenue Code of 1986 (relating to health insurance costs of eligible individuals) is amended to read as follows: ``SEC. 35. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to the amount paid by the taxpayer for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's net income tax for the taxable year, plus ``(2) the taxpayer's social security taxes (as defined in section 24(d)) for such taxable year. For purposes of paragraph (1), the term `net income tax' means the sum of the regular tax liability plus the tax imposed by section 55, reduced by the credits allowable under this part (other than this subpart). ``(c) Denial of Double Benefit.--Any amount allowed as a credit under this section shall not be taken into account in determining the amount of any deduction under this chapter.''. (b) Conforming Amendments.-- (1) Section 162 of such Code is amended by striking subsection (l). (2) Chapter 77 of such Code is amended by striking section 7527 and by striking the item relating to section 7527 in the table of sections for such chapter. (3) Subpart B of part III of subchapter A of chapter 61 of such Code is amended by striking section 6050T and by striking the item relating to section 6050T in the table of sections for such chapter. (4) Section 6103(l) of such Code is amended by striking paragraph (18). (5) Section 6103(p) of such Code is amended-- (A) in paragraph (3)(A) by striking ``(17), or (18)'' and inserting ``or (17)'', and (B) in paragraph (4) by striking ``or (17)'' after ``any other person described in subsection (l)(16)'' each place it appears. (6) Section 7213A(a)(1)(B) of such Code is amended by striking ``subsection (l)(18) or (n) of section 6103'' and inserting ``section 6103(n)''. (7) Section 6724(d)(1)(B) of such Code is amended by striking clause (xi). (8) Section 6724(d)(2) of such Code is amended by striking subparagraph (BB). (9) The item relating to section 35 in the table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 35 Health insurance costs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. DISPOSITION OF UNUSED HEALTH BENEFITS IN CAFETERIA PLANS AND FLEXIBLE SPENDING ARRANGEMENTS. (a) In General.--Section 125 of the Internal Revenue Code of 1986 (relating to cafeteria plans) is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following: ``(h) Carryforwards or Payments of Certain Unused Health Benefits.-- ``(1) In general.--For purposes of this title, a plan or other arrangement shall not fail to be treated as a cafeteria plan solely because qualified benefits under such plan include a health flexible spending arrangement under which not more than $500 of unused health benefits may be-- ``(A) carried forward to the succeeding plan year of such health flexible spending arrangement, or ``(B) paid to or on behalf of an employee as compensation as of the end of such plan year or upon the termination of, or failure to re-enroll in, such plan or arrangement. ``(2) Distribution of unused health benefits on behalf of employee.--For purposes of paragraph (1)(B), unused health benefits paid as compensation on behalf of an employee by the employer shall be-- ``(A) includible in gross income and wages of the employee, whether or not a deduction for such payment is allowable under this title to the employee, and ``(B) excludable from-- ``(i) gross income to the extent provided under section 402(e), 457(a) (with respect to contributions to an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A)), or 220, and ``(ii) wages to the extent otherwise provided for amounts so excludable. ``(3) Health flexible spending arrangement.--For purposes of this subsection, the term `health flexible spending arrangement' means a flexible spending arrangement (as defined in section 106(c)) that is a qualified benefit and only permits reimbursement for expenses for medical care (as defined in section 213(d)(1)) (without regard to subparagraphs (C) and (D) thereof). ``(4) Unused health benefits.--For purposes of this subsection, the term `unused health benefits' means the excess of-- ``(A) the maximum amount of reimbursement allowable during a plan year under a health flexible spending arrangement, over ``(B) the actual amount of reimbursement during such year under such arrangement.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2005. SEC. 4. STRENGTHENING HEALTH SAVINGS ACCOUNTS. (a) Repeal of Requirement for Coverage Under High Deductible Health Plan.-- (1) In general.--Section 223 of the Internal Revenue Code of 1986 (relating to health savings accounts) is amended by striking subsections (a), (b), and (c) and inserting the following: ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a health savings account of such individual. ``(b) Limitations.-- ``(1) In general.--The amount allowable as a deduction to a taxpayer under subsection (a) for the taxable year shall not exceed $8,000 ($16,000 in the case of a joint return). ``(2) Coordination with other contributions.--The limitation which would (but for this paragraph) apply under this subsection to a taxpayer for any taxable year shall be reduced (but not below zero) by the sum of-- ``(A) the aggregate amount paid for such taxable year to Archer MSAs of the taxpayer, and ``(B) the aggregate amount contributed to health savings accounts of the taxpayer which is excludable from the taxpayer's gross income for such taxable year under section 106(d) (and such amount shall not be allowed as a deduction under subsection (a)). ``(3) Denial of deduction to dependents.--No deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins.''. (2) Conforming amendments.-- (A) Section 223 of such Code is amended by redesignating subsections (d), (e), (f), (g), and (h) as subsections (c), (d), (e), (f), and (g), respectively. (B) Section 223(f) of such Code (as redesignated by subparagraph (A)) is amended to read as follows: ``(f) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2006, each dollar amount in subsection (b)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.''. (C) Section 26(b)(2)(S) of such Code is amended by striking ``section 223(f)(4)'' and inserting ``section 223(e)(4)''. (D) Each of the following sections of such Code is amended by striking ``section 223(d)'' and inserting ``section 223(c)'': (i) Section 35(g)(3). (ii) Section 106(d)(1). (iii) Section 220(f)(5)(A). (iv) Section 848(e)(1)(B)(v). (v) Section 4973(a)(5). (vi) Section 4973(g). (vii) Section 4975(c)(6). (viii) Section 4975(e)(1)(E). (ix) Section 6051(a)(12). (E) Section 4973(g) of such Code is amended-- (i) in paragraph (1) by striking ``section 223(f)(5)'' and inserting ``section 223(e)(5)'', (ii) in paragraph (2)(A) by striking ``section 223(f)(2)'' and inserting ``section 223(e)(2)'', and (iii) in the matter following paragraph (2) by striking ``section 223(f)(3)'' and inserting ``section 223(e)(3)''. (F) Section 4975(c)(6) of such Code is amended by striking ``section 223(e)(2)'' and inserting ``section 223(d)(2)''. (G) Section 6693(a)(2)(C) of such Code is amended by striking ``section 223(h)'' and inserting ``section 223(g)''. (b) Deduction Allowed for Premium Payments for High Deductible Policies.--Section 223(c)(2)(C) of such Code (as amended by subsection (a)) is amended by striking ``or'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, or'', and by inserting after clause (iv) the following new clause: ``(v) a high deductible health plan.''. (c) Purchase of Medigap Policies Permitted.--Clause (iv) of section 223(c)(2)(C) of such Code (as amended by this section) is amended by striking ``other than'' and inserting ``, including''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 5. REPEAL OF 7.5 PERCENT THRESHOLD ON DEDUCTION FOR MEDICAL EXPENSES. (a) In General.--Subsection (a) of section 213 of the Internal Revenue Code of 1986 (relating to deduction for medical expenses) is amended by striking ``to the extent that such expenses exceed 7.5 percent of adjusted gross income''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005.
Comprehensive Health Care Reform Act of 2005 - Amends the Internal Revenue Code to: (1) revise the tax credit for the health insurance costs of a taxpayer, the taxpayer's spouse, and dependents; (2) permit up to $500 of unused health benefits under a health flexible spending arrangement to be carried over to a succeeding plan year or paid directly to an employee as compensation; (3) revise the tax deduction for payments to a health savings account; and (4) repeal the 7.5 percent threshold limitation on the tax deduction of medical and dental expenses.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to make health care coverage more accessible and affordable."}
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SECTION 1. PERMANENT EXTENSION AND MODIFICATION OF LOW-INCOME HOUSING TAX CREDIT. (a) Permanent Extension.-- (1) In general.--Section 42 of the Internal Revenue Code of 1986 (relating to low-income housing credit) is amended by striking subsection (o). (2) Effective date.--The amendment made by paragraph (1) shall apply to periods after June 30, 1992. (b) Modifications.-- (1) Carryforward rules.-- (A) In general.--Clause (ii) of section 42(h)(3)(D) (relating to unused housing credit carryovers allocated among certain States) is amended by striking ``the excess'' and all that follows and inserting ``the excess (if any) of the unused State housing credit ceiling for the year preceding such year over the aggregate housing credit dollar amount allocated for such year.'' (B) Conforming amendment.--The second sentence of section 42(h)(3)(C) (relating to State housing credit ceiling) is amended by striking ``clauses (i) and (iii)'' and inserting ``clauses (i) through (iv)''. (C) De minimis exception for qualification rule.-- Section 42(h)(3)(D)(iv) (defining qualified State) is amended by adding at the end the following new flush sentence: ``For purposes of subclause (I), unallocated amounts from a State's housing credit ceiling for the preceding calendar year which do not exceed 1 percent of such ceiling shall be disregarded.'' (2) 10-year anti-churning rule waiver expanded.--Clause (ii) of section 42(d)(6)(B) (defining federally assisted building) is amended by inserting ``, 221(d)(4),'' after ``221(d)(3)''. (3) Housing credit agency determination of reasonableness of project costs.--Subparagraph (B) of section 42 (m)(2) (relating to credit allocated to building not to exceed amount necessary to assure project feasibility) is amended-- (A) by striking ``and'' at the end of clause (ii), (B) by striking the period at the end of clause (iii) and inserting ``, and'', and (C) by inserting after clause (iii) the following new clause: ``(iv) the reasonableness of the developmental and operational costs of the project.'' (4) Units with certain full-time students not disqualified.--Subparagraph (D) of section 42(i)(3) (defining low-income unit) is amended to read as follows: ``(D) Certain students not to disqualify unit.--A unit shall not fail to be treated as a low-income unit merely because it is occupied-- ``(i) by an individual who is-- ``(I) a student and receiving assistance under title IV of the Social Security Act, or ``(II) enrolled in a job training program receiving assistance under the Job Training Partnership Act or under other similar Federal, State, or local laws, or ``(ii) entirely by full-time students if such students are-- ``(I) single parents and their children and such parents and children are not dependents (as defined in section 152) of another individual, or ``(II) married and file a joint return.'' (5) Treasury waivers of certain de minimis errors and recertifications.--Subsection (g) of section 42 (relating to qualified low-income housing projects) is amended by adding at the end thereof the following new paragraph: ``(8) Waiver of certain de minimis errors and recertifications.--On application by the taxpayer, the Secretary may waive-- ``(A) any recapture under subsection (j) in the case of any de minimis error in complying with paragraph (1), or ``(B) any annual recertification of tenant income for purposes of this subsection, if the entire building is occupied by low-income tenants.'' (6) Basis of community service areas included in adjusted basis.--Paragraph (4) of section 42(d) (relating to special rules relating to determination of adjusted basis) is amended-- (A) by striking ``subparagraph (B)'' in subparagraph (A) and inserting ``subparagraphs (B) and (C)'', (B) by redesignating subparagraph (C) as subparagraph (D), and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) Basis of property in community service areas included.--The adjusted basis of any building located in a qualified census tract shall be determined by taking into account the adjusted basis of property (of a character subject to the allowance for depreciation) used in functionally related and subordinate community activity facilities if-- ``(i) such facilities are designed to serve individuals meeting the income requirements of subsection (g)(1)(B) and employees of the qualified low-income housing project of which the building is a part, and ``(ii) not more than 20 percent of the aggregate eligible basis of all buildings in such project is attributable to the aggregate basis of such facilities. Such facilities the aggregate basis of which is more than 20 percent of such aggregate eligible basis shall not be disqualified under clause (ii), if not more than 20 percent of such aggregate eligible basis claimed by the taxpayer is attributable to such facilities.'' (7) Application of at-risk rules.-- (A) Certified historic structures included.-- Paragraph (1) of section 42(k) (relating to application of at-risk rules) is amended by inserting ``(and, for purposes of computing the credit under section 47(a)(2), the basis of any building subject to such credit which is part of a qualified low-income housing project)'' after ``building''. (B) Qualified nonprofit lenders excluded.-- Subparagraph (A) of section 42(k)(2) (relating to special rules for determining qualified person) is amended by inserting ``which is not a qualified person (as defined in section 49(a)(1)(D)(iv))'' after ``subsection (h)(5))''. (8) Discrimination against tenants prohibited.--Section 42(h)(6)(B) (defining extended low-income housing commitment) is amended by redesignating clauses (iv) and (v) as clauses (v) and (vi) and by inserting after clause (iii) the following new clause: ``(iv) which prohibits the refusal to lease to a holder of a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937 because of the status of the prospective tenant as such a holder,''. (9) Effective dates.-- (A) In general.--Except as provided in subparagraphs (B) and (C), the amendments made by this subsection shall apply to-- (i) determinations under section 42 of the Internal Revenue Code of 1986 with respect to housing credit dollar amounts allocated from State housing credit ceilings after June 30, 1992, or (ii) buildings placed in service after June 30, 1992, to the extent paragraph (1) of section 42(h) of such Code does not apply to any building by reason of paragraph (4) thereof, but only with respect to bonds issued after such date. (B) Carryforward rules.--The amendments made by paragraph (1) shall apply to calendar years beginning after December 31, 1992. (C) Waiver authority and prohibited discrimination.--The amendments made by paragraphs (2), (5), and (8) shall take effect on the date of the enactment of this Act. (c) Election To Determine Rent Limitation Based on Number of Bedrooms.--In the case of a building to which the amendments made by section 7108(e)(1) of the Revenue Reconciliation Act of 1989 did not apply, the taxpayer may elect to have such amendments apply to such building but only with respect to tenants first occupying any unit in the building after the date of the election, and if the taxpayer has met the requirements of the procedures described in section 42(m)(1)(B)(iii) of the Internal Revenue Code of 1986. Such an election may be made only during the 180 day period beginning on the date of the enactment of this Act. Once made, the election shall be irrevocable.
Amends the Internal Revenue Code to make the low-income housing credit permanent. Modifies provisions concerning unused housing credit carryovers by States to allow States to carry over more unused credits from year to year. Provides that a unit shall not fail to be treated as low-income because it is occupied by students or persons enrolled in job training programs under the Job Training Partnership Act. Authorizes the Secretary of the Treasury to waive: (1) any recapture of credit (required to be included in tax) in the case of any de minimis error in complying with tests for qualified low-income housing projects; or (2) any annual recertification of tenant income if the entire building is occupied by low-income tenants. Determines the adjusted basis of any building (for purposes of the low-income housing credit) by taking into account the adjusted basis of the property used in community activity facilities if: (1) such facilities are designed to serve individuals meeting income requirements for the housing project; and (2) not more than 20 percent of the aggregate eligible basis of all buildings in the project is attributable to the aggregate basis of such facilities. Applies at-risk rules to low-income housing credit property that also qualifies for the historic site rehabilitation credit and to qualified lenders. Adds conditions prohibiting discrimination against Section 8 tenants for purposes of meeting extended low-income housing commitments required to receive credits.
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to permanently extend and modify the low-income housing tax credit."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Emergency Response and Accountability Act''. SEC. 2. PUBLIC HEALTH EMERGENCIES. (a) In General.--Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended-- (1) in subsection (a), by striking ``after consultation'' and inserting ``in consultation with the Assistant Secretary for Preparedness and Response and''; (2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (3) by inserting after subsection (a), the following: ``(b) Reporting Requirements.-- ``(1) In general.--Upon the determination of a public health emergency under subsection (a), the Secretary shall request the Assistant Secretary for Preparedness and Response to convene a group of Federal public health and other Federal officials that shall prepare monthly reports related to such emergency for the period described in paragraph (3) and submit such reports to Congress. ``(2) Contents.--The reports prepared under paragraph (1) shall include-- ``(A) in the first monthly report, the proposed budget of the response to the emergency, and, in each subsequent report, updates to such budget; ``(B) a description of how the Secretary plans to use best practices and lessons learned from previous public health emergency responses; ``(C) a description of how collaboration among public health agencies and departments will be achieved, strategies for public communication, and acquisition and distribution of supplies; ``(D) an identification of additional authorities needed, if any, to respond to the emergency; and ``(E) in the first monthly report, the justification for triggering the public health emergency response. ``(3) Period.--The period described in this paragraph is the period beginning not later than 30 days after the determination of a public health emergency under subsection (a) and ending 30 days after the determination of the emergency terminates in accordance with such subsection.''; and (4) in subsection (c) (as so redesignated)-- (A) in paragraph (2), by striking ``Committee on Commerce'' and inserting ``Committee on Energy and Commerce''; and (B) by adding at the end the following: ``(3) Funding.-- ``(A) Definitions.--In this paragraph: ``(i) Public health emergency relief.--The term `public health emergency relief' means, for the purpose of clause (ii), the expenditures to address a public health emergency determined under subsection (a) from-- ``(I) amounts made available by emergency supplemental appropriations to appropriations accounts of the Department of Health and Human Services to address a public health emergency (excluding funds transferred to the Department from the appropriations account for the `Federal Emergency Management Agency, Disaster Relief Fund' or pursuant to the Oil Pollution Act of 1990); and ``(II) any amounts expended from the Public Health Emergency Fund under this subsection. ``(ii) Target amount.--The term `target amount' means the amount that is the rolling annual average of expenditures for public health emergency relief over the full 14 fiscal years immediately preceding the fiscal year for which the determination of a public health emergency is made under subsection (a), excluding the highest and lowest years. ``(B) Appropriations.-- ``(i) In general.--Subject to clause (iv), upon the determination of each public health emergency under subsection (a), there is appropriated to the Public Health Emergency Fund, out of any money in the Treasury not otherwise appropriated, for the fiscal year of the determination, an amount determined under subparagraph (C), to remain available until expended, which may be used in accordance with subparagraph (D). ``(ii) Reporting.--The reporting requirements contained in subsection (b) shall apply with respect to amounts appropriated under clause (i). ``(iii) Emergency designations.-- ``(I) In general.--Amounts appropriated under clause (i) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). ``(II) Designation in the senate.-- In the Senate, amounts appropriated under clause (i) are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. ``(iv) Limitation.--Clause (i) shall not apply if the amount available for expenditure in the Public Health Emergency Fund, as of the date of the determination as a public health emergency under subsection (a), is equal to or greater than the target amount. ``(C) Formula.-- ``(i) In general.--Subject to clause (ii), the amount determined under this subparagraph shall be equal to the difference between the target amount and the amount available for expenditure in the Public Health Emergency Fund, as of the date of the determination of the public health emergency under subsection (a). ``(ii) Report by omb.--Not later than 30 days after the date of enactment of this paragraph, the Director of the Office of Management and Budget shall submit to the Committee on Appropriations and the Committee on the Budget of the Senate and the Committee on Appropriations and the Committee on the Budget of the House of Representatives, a report on the rolling average calculated for purposes of determining the target amount. ``(D) Use of funds.-- ``(i) In general.--Amounts appropriated to the Public Health Emergency Fund under subparagraph (B) shall be used by the Secretary in accordance with the proposed budget described in subsection (b)(2) for any public health emergency determined under subsection (a) that has not terminated under such subsection. Such funds shall be used-- ``(I) to provide assistance for immediate Federal, State, local, or international response needs with respect to any public health emergency determined under subsection (a); and ``(II) for activities determined appropriate by the Secretary to improve preparedness and response to protect human health for all populations in any public health emergency determined under subsection (a). ``(ii) Availability.--Amounts appropriated to the Public Health Emergency Fund under subparagraph (B) shall remain available for the uses described in this subparagraph so long as any public health emergency is determined under subsection (a) and the determination for any such emergency has not terminated under such subsection. ``(iii) Authority.--In expending funds appropriated under subparagraph (B) and carrying out activities under this subparagraph, the Secretary shall have the authority to-- ``(I) transfer funds and enter into contracts; ``(II) utilize flexible hiring mechanisms, including direct hiring authority and personal service contracts; exemptions from certain administrative restrictions (such as travel, information technology, printing and supplies); motor vehicle authority; and flexible compensation for responders, including overtime and danger pay; and ``(III) utilize flexible transaction mechanisms.''. (b) Exemption of the Public Health Emergency Fund From Sequestration.-- (1) In general.--Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting ``Public Health Emergency Fund (009-91-9913).'' after the item relating to ``Postal Service Fund (18-4020-0-3- 372).''. (2) Application.--The amendment made by paragraph (1) shall apply to any sequestration order issued under such Act on or after the date of enactment of this section. (c) GAO Reports.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States, in consultation with relevant Federal, State, and local government entities, shall prepare and submit to the appropriate committees of Congress, a report-- (A) reviewing the capacity of the United States public health system, including the public health workforce, to respond effectively to infectious disease outbreaks; (B) identifying areas of potential improvement in coordination between Federal, State, and local government entities to respond more effectively to infectious disease outbreaks; (C) making recommendations on how to provide or allocate most effectively resources for public health emergency response, specifically considering how to utilize most effectively the emergency fund established under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (D) containing an audit of how funds for public health emergencies have been expended within the 2 years preceding the date of the report. (2) Post-emergency report.-- (A) In general.--Not later than 6 months after the termination of a determination of a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Comptroller General of the United States shall review response efforts by Federal, State, and local government entities, as well as any other relevant entities engaged in response efforts, and submit a report to the appropriate committees of Congress to determine-- (i) the compliance of such efforts with best practices identified in the report under paragraph (1); (ii) the effectiveness of such best practices; (iii) the cost of such efforts; (iv) the areas of potential continued improvement in coordination between Federal, State, and local government entities to respond more effectively to infectious disease outbreaks; and (v) how to incorporate additional best practices which may be incorporated in future response efforts. (B) Audit.--The report under subparagraph (A) shall include an audit indicating how funds used for public health emergencies determined under section 319 of the Public Health Service Act have been expended during the 2 years preceding the submission of the report under such subparagraph. SEC. 3. APPLICABILITY. Nothing in this Act, or an amendment made by this Act, shall affect the applicability of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) in the case of a public health emergency.
Public Health Emergency Response and Accountability Act This bill requires the Department of Health and Human Services, upon determination of a public health emergency, to provide for the convening of a group of federal officials to prepare monthly reports concerning such matters as funding, collaboration, and best practices. The bill makes appropriations to the Public Health Emergency Fund upon determination of an emergency. Funding is subject to a calculation that compares amounts available in the fund to average public health emergency relief expenditures over preceding fiscal years. The bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt the fund from sequestration, a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals. The Government Accountability Office (GAO) must report on: the capacity of the public health system to respond effectively to infectious disease outbreaks, the coordination between federal, state, and local government entities when responding to infectious disease outbreaks, the most effective ways to provide or allocate resources for public health emergency response, and an audit of how funds for public health emergencies have been expended within the last two years. GAO must also issue a post-emergency report on response efforts by government entities.
{"src": "billsum_train", "title": "Public Health Emergency Response and Accountability Act"}
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SECTION 1. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139A the following new section: ``SEC. 139B. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES. ``(a) In General.--Gross income shall not include-- ``(1) so many shares of any stock received by an individual in a qualified employee stock distribution of such individual's employer as does not exceed the maximum stock amount, ``(2) any gain on stock excluded from gross income under paragraph (1) if such stock is held by such individual for not less than 10 years, and ``(3) in the case of any qualified disposition of stock which is described in paragraph (2) (and which meets the holding requirement of such paragraph), any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the stock so disposed (determined as of the time of disposition). ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified employee stock distribution.--The term `qualified employee stock distribution' means a distribution by an employer of stock of such employer to all employees (determined as of the date of the distribution) of such employer as compensation for services. ``(2) Maximum stock amount.--The term `maximum stock amount' means, with respect to any distribution, the lowest number of shares of stock of the employer received by any employee of the employer in such distribution. ``(3) Qualified disposition.-- ``(A) In general.--The term `qualified disposition' means, with respect to the disposition of any stock described in paragraph (2) during any calendar year, the disposition of a number of shares of such stock not in excess of the excess of-- ``(i) the applicable percentage of the aggregate number of shares of such stock received during the calendar year that such stock was received, over ``(ii) the aggregate number of shares of such stock taken into account under this subparagraph for all prior calendar years. ``(B) Applicable percentage.--For purposes of clause (i), the applicable percentage is, with respect to any calendar year following the calendar year in which such stock was received, the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: The first through tenth such calendar years.. 0 percent The eleventh such calendar year.............. 10 percent The twelfth such calendar year............... 20 percent The thirteenth such calendar year............ 30 percent The fourteenth such calendar year............ 40 percent The fifteenth such calendar year............. 50 percent The sixteenth such calendar year............. 60 percent The seventeenth such calendar year........... 70 percent The eighteenth such calendar year............ 80 percent The nineteenth such calendar year............ 90 percent Any subsequent calendar year................. 100 percent. ``(c) Employment Taxes.--Amounts excluded from gross income under subsection (a)(1) shall not be taken into account as wages for purposes of chapters 21, 22, 23, 23A, and 24. ``(d) Recapture if Stock Disposed During Required Holding Period.-- If an amount is excluded from gross income under subsection (a)(1) with respect to any stock and the individual disposes of such stock at any time during the 5-year period beginning on the date that such individual received such stock-- ``(1) the gross income of such individual for the taxable year which includes the date of such disposition shall be increased by the amount so excluded, and ``(2) the tax imposed by this chapter for such taxable year shall be increased by the sum of the amounts of tax which would have been imposed under subchapters A and B of chapters 21 and 22 if subsection (c) had not applied with respect to such amount. For purposes of this title and the Social Security Act, any increase in tax under paragraph (2) shall be treated as imposed under the provision of chapter 21 or 22 with respect to which such increase relates. ``(e) Regulations.--The Secretary shall issue such regulations as may be necessary or appropriate to carry out this section, including regulations which provide for the application of this section to stock options.''. (b) Clerical Amendment.--The table of section for such part is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Qualified stock distributions to employees.''. (c) Effective Date.--The amendments made by this section shall apply to stock received by employees after the date of the enactment of this Act.
Amends the Internal Revenue Code to exclude from the gross income of an employee: (1) shares of stock received from an employer in a qualified employee stock distribution not exceeding the lowest number of shares received by any employee in such distribution; (2) any gain on such stock if held by such employee for not less than 10 years, and (3) in the case of any qualified disposition of stock that meets such holding requirement, any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the stock so disposed. .
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude from gross income compensation received by employees consisting of qualified distributions of employer stock."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Internal Revenue Service Accountability Act''. SEC. 2. CRIMINAL PENALTY FOR CERTAIN UNAUTHORIZED ACTIONS. (a) In General.--Section 7214 of the Internal Revenue Code of 1986 (relating to offenses by officers and employees of the United States) is amended-- (1) by striking ``or'' at the end of paragraph (8), (2) by adding ``or'' at the end of paragraph (9), (3) by inserting after paragraph (9) the following new paragraph: ``(10) who willfully and maliciously disregards such law, or any regulation promulgated under such law, relating to any proceeding against any taxpayer;'', and (4) by striking ``$10,000, or imprisoned not more than 5 years, or both'' and inserting ``$10,000 ($1,000, in the case of an offense under paragraph (10)), or imprisoned not more than 5 years (1 year, in the case of an offense under paragraph (10), or both''. (b) Effective Date.--The amendments made by this section shall apply to actions by officers or employees after the date of the enactment of this Act. SEC. 3. INTERNAL REVENUE SERVICE EMPLOYEES PERSONALLY LIABLE FOR DAMAGES AND LITIGATION COSTS IN CERTAIN CASES. (a) Litigation Costs.--Section 7430 of the Internal Revenue Code of 1986 (relating to awarding of costs and certain fees) is amended by adding at the end the following new subsection: ``(g) Personal Liability of Internal Revenue Service Officers and Employees in Certain Cases.-- ``(1) In general.--In any proceeding in which the prevailing party is awarded a judgment for reasonable litigation costs under this section, the court may assess a portion of such costs against any Internal Revenue Service officer or employee (and such officer or employee shall not be reimbursed by the United States for the costs so assessed) if the court determines that such proceeding resulted from any arbitrary, capricious, or malicious act of such officer or employee. For purposes of this section, the term `officer or employee' includes a former officer or employee. ``(2) Representation of officer or employee.--Upon the request of any Internal Revenue Service officer or employee, such officer or employee may be represented by the United States in any proceeding with respect to the issue of whether there is to be an assessment against such officer or employee under paragraph (1). If, in any case in which such an officer or employee is so represented by the United States, it is finally determined that such officer or employee is liable for an assessment under paragraph (1), such officer or employee shall also be liable to repay the United States for the costs of its representation under this paragraph.''. (b) Civil Damages and Court Costs for Failure To Release Lien.-- Section 7432 of the Internal Revenue Code of 1986 (relating to civil damages for failure to release lien) is amended by adding at the end the following new subsection: ``(f) Personal Liability of Internal Revenue Service Officers and Employees in Certain Cases.-- ``(1) In general.--In any proceeding in which the prevailing plaintiff is awarded a judgment under this section for damages described in subsection (b), the court may assess a portion of such damages against any Internal Revenue Service officer or employee (and such officer or employee shall not be reimbursed by the United States for the damages so assessed) if the court determines that such proceeding resulted from any arbitrary, capricious, or malicious act of such officer or employee. For purposes of this section, the term `officer or employee' includes a former officer or employee. ``(2) Representation of officer or employee.--Upon the request of any Internal Revenue Service officer or employee, such officer or employee may be represented by the United States in any proceeding with respect to the issue of whether there is to be an assessment against such officer or employee under paragraph (1). If, in any case in which such an officer or employee is so represented by the United States, it is finally determined that such officer or employee is liable for an assessment under paragraph (1), such officer or employee shall also be liable to repay the United States for the costs of its representation under this paragraph.''. (c) Civil Damages and Court Costs for Certain Unauthorized Collection Actions.--Section 7433 of the Internal Revenue Code of 1986 (relating to civil damages for certain unauthorized collection actions) is amended by adding at the end the following new subsection: ``(e) Personal Liability of Internal Revenue Service Officers and Employees in Certain Cases.-- ``(1) In general.--In any proceeding in which the prevailing plaintiff is awarded a judgment for damages described in subsection (b), the court may assess a portion of such damages against any Internal Revenue Service officer or employee (and such officer or employee shall not be reimbursed by the United States for the damages so assessed) if the court determines that such proceeding resulted from any arbitrary, capricious, or malicious act of such officer or employee. For purposes of this section, the term `officer or employee' includes a former officer or employee. ``(2) Representation of officer or employee.--Upon the request of any Internal Revenue Service officer or employee, such officer or employee may be represented by the United States in any proceeding with respect to the issue of whether there is to be an assessment against such officer or employee under paragraph (1). If, in any case in which such an officer or employee is so represented by the United States, it is finally determined that such officer or employee is liable for an assessment under paragraph (1), such officer or employee shall also be liable to repay the United States for the costs of its representation under this paragraph.''. (d) Effective Date.--The amendments made by this section shall apply in the case of proceedings commenced after the date of the enactment of this Act. SEC. 4. PROTECTING THE PRIVACY OF TAXPAYERS. (a) Civil Penalty for Unauthorized Access of Returns and Return Information.--Section 7431 of the Internal Revenue Code of 1986 (relating to civil damages for unauthorized disclosure of returns and return information) is amended-- (1) by inserting ``or accesses'' after ``discloses'' in subsection (a)(1), (2) by inserting ``or Access'' after ``Disclosure'' in the heading for subsection (a)(1), (3) by inserting ``(or former officer or employee)'' after ``officer or employee'' both places it appears in subsection (a), (4) by inserting ``or access'' after ``disclosure'' each place it appears in subsections (b), (c)(1), and (d), (5) by inserting ``the earlier of notification to or'' after ``after the date of'' in subsection (d), and (6) by inserting ``or access'' after ``disclosure'' in the heading. (b) Criminal Penalty for Unauthorized Access of Returns and Return Information.--Section 7213(a)(1) of the Internal Revenue Code of 1986 (relating to Federal employees and other persons) is amended-- (1) by striking ``this paragraph'' and inserting ``this subparagraph'', (2) by striking ``It shall be unlawful'' and inserting the following: ``(A) Disclosure.--It shall be unlawful'', and (3) by adding at the end the following new subparagraph: ``(B) Access.--It shall be unlawful for any officer, employee, or other person described in subparagraph (A) willfully to access without authorization any return or return information (as defined in section 6103(b)). Any violation of this subparagraph shall be punishable by dismissal from office or discharge from employment and, further, shall be a misdemeanor punishable upon conviction by a fine in any amount not exceeding $1,000, or imprisonment of not more than 1 year, or both, together with costs of prosecution, and, if necessary, by dismissal from office or discharge from employment.''. (c) Notification of Unauthorized Access.--Section 6103 of the Internal Revenue Code of 1986 (relating to confidentiality and disclosure of returns and return information) is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: ``(q) Unauthorized Access Prohibited.-- ``(1) In general.--Except as authorized by this title, no officer or employee (or former officer or employee) of the United States shall access any return or return information. ``(2) Notification.--Upon discovery that a taxpayer's return or return information has been accessed in violation of paragraph (1), the taxpayer shall be notified immediately.''. (d) Conforming Amendment.--The table of sections for subchapter B of chapter 76 of the Internal Revenue Code of 1986 is amended by inserting ``or access'' after ``disclosure'' in the item relating to section 7431. (e) Effective Date.--The amendments made by this section shall apply to actions by officers or employees after the date of the enactment of this Act. SEC. 5. LIMITATIONS ON EXAMINATIONS. (a) In General.--Section 7602 of the Internal Revenue Code of 1986 (relating to examination of books and witnesses) is amended by adding at the end the following new subsection: ``(d) Limitations on Authority To Examine.--In taking any action under subsection (a), the Secretary-- ``(1) shall demonstrate, upon demand of any person described in subsection (a), reasonable justification (and not random selection) for initiating an examination of a return, and ``(2) shall not-- ``(A) initiate an examination of a return or issue of a return if such return or issue of a return has previously been examined, or ``(B) extend back an examination under subsection (a), once initiated, beyond a 3-taxable-year period ending on the day before the beginning of the taxable year which includes the date of initiation, except upon court approval if in the course of an investigation into possible criminal activity.''. (b) Effective Date.--The amendment made by this section shall apply to examinations initiated after the date of the enactment of this Act. SEC. 6. EXTENSION OF TIME TO PAY TAX AFTER NOTICE AND DEMAND. (a) In General.--Section 6651(a)(3) of the Internal Revenue Code of 1986 (relating to addition to the tax) is amended by striking ``21 calendar days'' and inserting ``90 calendar days''. (b) Effective Date.--The amendment made by this section shall apply to notices and demands given after the date of the enactment of this Act. SEC. 7. ENSURING THE INTEGRITY OF JUDICIAL PROCEEDINGS. (a) In General.--Subchapter B of chapter 76 of the Internal Revenue Code of 1986 (relating to proceedings by taxpayers and third parties) is amended by redesignating section 7436 as section 7437 and by inserting after section 7435 the following new section: ``SEC. 7436. DECLARATORY JUDGMENTS RELATING TO SECRETARIAL NONACQUIESCENCE. ``In a case of actual controversy involving the Secretary's decision to not acquiesce with respect to conclusions of law in identical or similar cases to a case or cases previously decided within the same court jurisdiction or appellate circuit, upon the filing of an appropriate pleading and the exhaustion of administrative remedies available to the petitioner within the Internal Revenue Service, the district court for such jurisdiction may make a declaration with respect to the Secretary's decision. Any such declaration shall have the force and effect of a final judgment or decree of the district court and shall be reviewable as such.''. (b) Conforming Amendment.--The table of sections for such subchapter B is amended by striking the item relating to section 7436 and inserting the following new items: ``Sec. 7436. Declaratory judgments relating to secretarial nonacquiescence. ``Sec. 7437. Cross references.''. (c) Effective Date.--The amendments made by this section shall apply to court proceedings initiated after the date of the enactment of this Act. SEC. 8. LIMITATIONS ON ASSET SEIZURES AND LEVIES. (a) In General.--Section 6331(a) of the Internal Revenue Code of 1986 (relating to levy and distraint) is amended by inserting ``, upon the consent of an appropriate court,'' after ``it shall be lawful for the Secretary''. (b) Effective Date.--The amendment made by this section shall apply to levies initiated after the date of the enactment of this Act. SEC. 9. NO INTEREST ON PENALTIES, ADDITIONAL AMOUNTS, AND ADDITIONS TO TAX. (a) In General.--Section 6601(e)(2) of the Internal Revenue Code of 1986 (relating to applicable rules) is amended to read as follows: ``(2) No interest on penalties, additional amounts, and additions to tax.--Interest shall not be imposed under subsection (a) in respect of any assessable penalty, additional amount, or addition to tax.''. (b) Effective Date.--The amendment made by this section shall apply to notices and demands given after the date of the enactment of this Act. SEC. 10. INTEREST RATE FOR OVERPAYMENTS TO EQUAL RATE FOR UNDERPAYMENTS. (a) In General.--Section 6621(a) of the Internal Revenue Code of 1986 (relating to determination of rate of interest) is amended to read as follows: ``(a) General Rule.--The overpayment rate and the underpayment rate established under this section shall be the Federal short-term rate determined under subsection (b).''. (b) Conforming Amendment.--Section 6621 of the Internal Revenue Code of 1986 (relating to determination of rate of interest) is amended by striking subsection (c). (c) Effective Date.--The amendments made by this section shall apply for purposes of determining interest to periods after the date of the enactment of this Act. SEC. 11. FAIRNESS WHEN COLLECTING A TAX DUE TO MATHEMATICAL AND CLERICAL ERRORS. (a) In General.--Section 6404(d) of the Internal Revenue Code of 1986 (relating to abatements) is amended to read as follows: ``(d) Abatement of Interest, Penalty, Additional Amount, and Addition to Tax Attributable to Certain Mathematical or Clerical Errors.--In the case of an assessment of additional tax attributable to a mathematical or clerical error (as defined in section 6213(g)(2)), the Secretary shall abate any interest, penalty, additional amount, and addition to tax with respect to such assessment if, within 60 days after notice of such assessment is sent under section 6213(b)(1) by certified mail or registered mail, the taxpayer pays, or files a request for an abatement of, such assessment.''. (b) Effective Date.--The amendment made by this section shall apply to notices filed after the date of the enactment of this Act.
Internal Revenue Service Accountability Act - Amends the Internal Revenue Code to impose a fine or imprisonment upon any U.S. officer or employee who willfully and maliciously disregards any revenue law or related regulation relating to any proceeding against a taxpayer. Allows, if litigation costs are awarded, a portion of the costs to be assessed against any current or former Internal Revenue Service officer or employee (prohibiting Government reimbursement) if the proceeding resulted from any arbitrary, capricious, or malicious act of the officer or employee. Allows Government defense of the officer or employee, but makes the officer or employee liable for defense costs if the employee is found liable for litigation costs. Imposes similar liabilities regarding civil damages for a failure to release a lien or for certain unauthorized collection actions. Amends provisions allowing civil damages for disclosure of returns and return information to allow the damages for access as well as disclosure and apply the provisions to former as well as current officers and employees. Provides for dismissal from office or discharge from employment, a fine or imprisonment, and costs of prosecution for unauthorized access. Prohibits unauthorized access and, on discovery of unauthorized access, requires immediate taxpayer notification. Requires reasonable justification (not random selection) for examining a return. Prohibits, except on court approval, a second examination of a return or extending an examination back beyond three taxable years. Extends from 21 to 90 calendar days after notice and demand the deadline to pay a tax required to be shown on certain returns but not shown. Allows a district court to rule on a decision by the Secretary of the Treasury to not acquiesce regarding conclusions of law in identical, similar, or previously-decided cases. Requires court consent for a levy to collect a tax. Prohibits interest on assessable penalties, additional amounts, or additions to tax. Sets the interest rate for overpayments and underpayments (the same rate for both). Modifies requirements regarding abatement of interest, penalties, additional amounts, or additions to tax attributable to a mathematical or clerical error.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle Rio Grande Emergency Water Supply Stabilization Act of 2003''. SEC. 2. AMENDMENTS TO FLOOD CONTROL ACT OF 1948. The Flood Control Act of 1948 (title II of the Act of June 30, 1948 (chapter 771; 62 Stat. 1175 et seq.)) is amended-- (1) by inserting after the title heading the following: ``Subtitle A--''; (2) in section 203, under the heading ``RIO GRANDE BASIN'' by striking paragraph (c) and inserting the following: ``(c) The Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, and in conjunction with other interested Federal agencies and the State of New Mexico, is directed to make studies to determine feasible and cost-effective ways and means of reducing nonbeneficial consumption of water by phreatic vegetation in the flood plain of the Rio Grande and its principal tributaries above Caballo Reservoir.''; and (3) by adding at the end the following: ``Subtitle B-- ``SEC. 221. SHORT TITLE. ``This subtitle may be cited as the `Middle Rio Grande Emergency Water Supply Stabilization Act of 2003'. ``SEC. 222. PURPOSES. ``The purposes of this subtitle are to-- ``(1) authorize the Secretary of the Interior to contribute to a long-term solution for the Middle Rio Grande River in the State of New Mexico by preventing, reducing, or eliminating wasteful depletion of waters; ``(2) encourage the implementation of water conservation measures that will improve water quantity and water quality conditions needed to support a living river environment for the Middle Rio Grande River, with resultant conservation, recreation, and other public benefits; and ``(3) achieve quantifiable improvements in irrigation efficiencies of not less than 10 percent above the year 2002- 2003 baseline conditions within three years of the date of enactment of this subtitle, and not less than 20 percent improvement in irrigation efficiencies within six years of the date of enactment of this subtitle. ``(4) confirm the original intentions of Congress as set forth in the Colorado River Storage Project Act (Act of April 11, 1956, 43 U.S.C. 620g), directing the Secretary `to investigate, plan, construct, operate, and maintain (1) public recreational facilities on lands withdrawn or acquired for the development of said project or of said participating projects, to conserve the scenery, the natural, historic, and archeologic objects, and the wildlife on said lands, and to provide for public use and enjoyment of the same and of the water areas created by these projects by such means as are consistent with the primary purposes of said projects; and (2) facilities to mitigate losses of, and improve conditions for, the propagation of fish and wildlife', and the authorization for the initial stage of the San Juan-Chama Project (Act of June 13, 1962, Public Law 87-483 (76 Stat. 96)), directing the Secretary `to construct, operate, and maintain the initial stage of the San Juan-Chama Project, Colorado-New Mexico, for the principal purposes of furnishing water supplies . . . in the Rio Grande Basin and . . . in the existing Middle Rio Grande Conservancy District and for municipal, domestic, and industrial uses, and providing recreation and fish and wildlife benefits.'. ``SEC. 223. DEFINITIONS. ``In this subtitle: ``(1) Eligible entities.--The term `eligible entities' means organizations, municipalities, Indian Tribes or Pueblos, individuals, or other entities who use agricultural or municipal and industrial water from the Rio Grande River and its tributaries in New Mexico, including water supplied directly or indirectly from the Middle Rio Grande Project or the San Juan-Chama Project. ``(2) Program.--The term `program' means the Middle Rio Grande Water Supply Stabilization Program established under section 224. ``(3) Secretary.--The term `Secretary' means the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation. ``(4) State.--The term `State' means the State of New Mexico. ``SEC. 224. WATER CONSERVATION. ``(a) Establishment of Water Supply Stabilization Program.-- ``(1) The Secretary, in cooperation with the State and the Middle Rio Grande Endangered Species Act Collaborative Program, shall establish a program to provide financial and technical assistance to promote and encourage the adoption and implementation of water conservation measures within the Rio Grande Basin in New Mexico, to be known as the Middle Rio Grande Water Supply Stabilization Program. ``(2) The Secretary shall-- ``(A) enter into cost sharing and other agreements with the State and other entities as may be necessary under the Program; ``(B) contribute a share not to exceed 75 percent of the costs of administering and implementing the Program, subject to the provisions and limitations of subsection (b) of this section; and ``(C) provide water conservation technical assistance to the State and the Middle Rio Grande Conservancy District as may be appropriate in furtherance of the purposes of this subtitle. ``(3) The Program shall include, at a minimum, to accomplish the purposes of this subtitle-- ``(A) in accordance with subsection (b), irrigation efficiency infrastructure improvements or other agricultural water conservation measures; ``(B) incentives or other measures to encourage conversions from production of water-intensive crops to crops that require less water; ``(C) measures to improve and encourage municipal and industrial water conservation programs including programs specifically designed to reduce consumptive water use from manufacturing processes; ``(D) incentives or other measures to encourage the lease, purchase, dry-year optioning, or dedication of water or water rights to meet the purposes of this subtitle; ``(E) establishment of a State program under which the State holds and enforces water rights leased, purchased, dry-year optioned, or otherwise dedicated to provide water supplies to meet the purposes of this subtitle; ``(F) designation of a State agency to-- ``(i) administer the Program, and to receive Federal financial contributions which may be appropriated pursuant to this subtitle; ``(ii) establish guidelines and procedures for approving and funding eligible water conservation projects or measures in a timely and cost-effective manner; and ``(iii) ensure that each lease, purchase, dry-year optioning, and dedication of water and water rights is consistent with State water law and the purposes of this subtitle; and ``(G) procedures to consider and incorporate the views and recommendations of the Middle Rio Grande Endangered Species Act Collaborative Program, to the extent those views and recommendations are consistent with the purposes of this subtitle. ``(b) Irrigation Efficiency Infrastructure and Measures.-- ``(1) In general.--The following agricultural water conservation projects or measures are eligible to receive cost- shared Federal financial assistance under the Program: ``(A) The cost of converting from production of a water-intensive crop to a crop that requires less water. ``(B) The cost of eligible on-farm and off-farm irrigation efficiency infrastructure and measures described in paragraph (2) if not less than 70 percent of the water conserved as a result of the irrigation efficiency infrastructure and measures is permanently allocated, directly or indirectly, to storage in the conservation pool referred to in section 226 or otherwise made available for release into the Rio Grande River to support a living river environment for the Middle Rio Grande River and to provide conservation, recreation, and other public benefits. ``(2) Eligible irrigation efficiency infrastructure and measures.--Eligible irrigation efficiency infrastructure and measures referred to in paragraph (1) are-- ``(A) lining of canals and ditches, insulation of piping, and installation of ditch portals or gates; ``(B) tail water return systems; ``(C) low-energy precision applications; ``(D) low-flow irrigation systems, including drip and trickle systems and micro-sprinkler systems; ``(E) spray jets or nozzles that improve water distribution efficiency; ``(F) surge valves; ``(G) conversion from gravity or flood irrigation to low-flow sprinkler or drip irrigation systems; ``(H) intake screens, fish passages, and conversion of diversions to pumps; ``(I) alternate furrow wetting, irrigation scheduling, and similar measures; ``(J) water measuring devices; and ``(K) such other irrigation efficiency infrastructure and measures as the Secretary determines to be appropriate to carry out the program. ``(c) Control of Phreatic Vegetation.-- ``(1) The Secretary shall, immediately upon enactment of this Act, cooperate with the State of New Mexico, water user organizations, and affected landowners to develop and implement a comprehensive and cost-effective program to identify, remove, and control phreatic vegetation in the floodplain of the Rio Grande River and its principal tributaries above Caballo Reservoir within the State of New Mexico, and to replant and reestablish native vegetation as appropriate. ``(2) In carrying out the requirements of paragraph 1, the Secretary shall-- ``(A) ensure that state-of-the-art and scientifically defensible methods to remove, control, and dispose of phreatic vegetation are used; ``(B) ensure that labor forces from local communities and Pueblos are, to the extent possible, employed to implement this section; and ``(C) enter into cost-sharing agreement with the State of New Mexico as may be required to carry out the purposes of this section. ``(3) The Secretary is prohibited from removing vegetation unless the Secretary has entered into agreements with private landowners providing for permission to enter private lands to remove and control phreatic vegetation and to reestablish native vegetation. ``(4) The Secretary shall, in cooperation with the Secretary of Agriculture, the State of New Mexico, and water users within the floodplain of the Rio Grande River and its tributaries within the State of New Mexico, quantify water salvaged by removal and control of phreatic vegetation under this section. ``(5) The Secretary is authorized to enter into agreements for the long-term lease or purchase of water salvaged by the control and elimination of phreatic vegetation, such water to remain available to meet the purposes of this Act. ``SEC. 225. COST SHARING. ``(a) Non-Federal Share.--The non-Federal share of the cost of implementing municipal and industrial water conservation programs and projects for converting from production of a water-intensive crop to a crop that requires less water, or of an irrigation efficiency infrastructure measure assisted under section 224(b)-- ``(1) shall be not less than 25 percent; and ``(2) shall be paid by-- ``(A) the State; ``(B) an owner or operator of a farm or ranch (including an Indian tribe); ``(C) a nonprofit organization; or ``(D) and other appropriate entity, as determined by the State. ``(b) Increased Non-Federal Share.--If an owner or operator of a farm or ranch pays 50 percent or more of the cost of converting from production of a water-intensive crop to a crop that requires less water, or of an irrigation efficiency infrastructure or measure, the owner or operator shall retain the right to use 50 percent of the water conserved by the conversion, infrastructure, or measure, as determined by the State. ``SEC. 226. PERMANENT CONSERVATION POOL. ``At the request of the State and to carry out the purposes of this subtitle, the Secretary is authorized to-- ``(1) establish a permanent conservation pool for storage of Rio Grande or San Juan-Chama water, to be established in one or more reservoirs operated by the Bureau of Reclamation or the U.S. Army Corps of Engineers, or to otherwise cooperate with the State in the establishment of such conservation pool; and ``(2) store water salvaged from implementation of water conservation measures authorized by this subtitle in the pool referred to in subsection (a) for release to the Rio Grande River to meet the purposes of this subtitle. ``SEC. 227. MIDDLE RIO GRANDE ENDANGERED SPECIES ACT COLLABORATIVE PROGRAM. ``The Secretary and the Secretary of the Army shall participate in the Middle Rio Grande Endangered Species Act Collaborative Program under the terms and conditions outlined in the Memorandum of Understanding signed by representatives of the Secretary and the Secretary of the Army on April 23, 2002, or as that agreement may be modified by future agreements of the signatory parties. ``SEC. 228. WATER RIGHTS OF INDIAN TRIBES AND PUEBLOS. ``(a) The Secretary shall, for the benefit of Indian Tribes and Pueblos with unquantified and unadjudicated water rights within the Middle Rio Grande Basin in New Mexico, provide direct financial assistance to such Tribes and Pueblos, for the purposes of determining and quantifying Indian water rights and water requirements, and for conducting other water resource studies as may be necessary for the benefit of Tribes and Pueblos. ``(b) The financial assistance provided pursuant to subsection (a) of this section shall not be subject to the cost-sharing requirements of this subtitle, and shall not be reimbursable or returnable under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory thereof and supplementary thereto). ``SEC. 229. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996. ``(a) Section 8 of Public Law 104-298 (the Water Desalination Act of 1996, as amended) is amended further by-- ``(1) in paragraph (a) by striking `2004' and inserting in lieu thereof `2008'; and ``(2) in paragraph (b) by striking `2004' and inserting in lieu thereof `2008'. ``(b) In carrying out the provisions of the Water Desalination Act of 1996, as amended, the Secretary shall consult with the Middle Rio Grande Endangered Species Act Collaborative Program, and shall solicit proposals for research and project development, including demonstration projects and permanent projects, applicable to resolution of water supply concerns in the Middle Rio Grande Basin. ``SEC. 230. STATE WATER LAW AND OTHER REQUIREMENTS. ``Nothing in this subtitle-- ``(1) preempts any State water law or any interstate compact; ``(2) affects any litigation concerning the entitlement to, or lack of entitlement to, water that is pending as of the date of enactment of this section; ``(3) expands, alters, or otherwise affects the existence or scope of any water right of any individual (except to the extent that the individual agrees otherwise under the Program); or ``(4) authorizes or entitles the Federal Government to hold or purchase any water right. ``SEC. 231. PROTECTION OF PRIVATE PROPERTY RIGHTS. ``(a) Willing Sellers and Lessors.--The Secretary may enter into an agreement for the sale or lease of water pursuant to this subtitle only if each eligible entity that is a party to the agreement is a willing seller or willing lessor. ``(b) Property Rights.--Nothing in this subtitle authorizes the condemnation of private property. ``SEC. 232. AUTHORIZATION OF APPROPRIATIONS. ``(a) There is hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this subtitle. ``(b) The Federal share of costs associated with the studies authorized by paragraph (c) under the heading `RIO GRANDE BASIN' in section 203 shall not be reimbursable or returnable under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory thereof and supplementary thereto). The Federal share of costs associated with the administration and implementation of the water supply stabilization program authorized in section 224 shall not be reimbursable or returnable under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory thereof and supplementary thereto).''.
Middle Rio Grande Emergency Water Supply Stabilization Act of 2003 - Amends the Flood Control Act of 1948 to require the Secretary of the Interior to establish a program for financial and technical assistance to implement water conservation measures within the Rio Grande Basin in New Mexico, to be known as the Middle Rio Grande Water Supply Stabilization Program (the Program). Authorizes the Secretary to enter into cost sharing agreements with the State of New Mexico and other necessary entities to accomplish the goals of the Program. Directs the Secretary to develop and implement a comprehensive and cost-effective program to identify, remove, and control phreatic vegetation in the floodplain of the Rio Grande River, and to replant and reestablish native vegetation as appropriate. Authorizes the Secretary to establish a permanent conservation pool for storage of Rio Grande or San Juan-Chama water and to store water salvaged from water conservation measures for release to the Rio Grande River. Directs the Secretary to provide direct financial assistance to the Indian Tribes and Pueblos to determine and quantify Indian water rights and water requirements and for conducting other water resource studies for the benefit of such Tribes and Pueblos. Extends through FY 2008 basic research provisions and water desalination demonstration projects under the Water Desalination Act of 1996.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate Tax Relief Act of 2001''. SEC. 2. REDUCTION OF ESTATE TAX RATES. (a) In General.--Section 2001 of the Internal Revenue Code of 1986 (relating to estate tax) is amended by striking subsections (b) and (c) and by inserting after subsection (a) the following new subsections: ``(b) Computation of Tax.--The tax imposed by this section shall be 39.6 percent of the amount equal to the excess (if any) of-- ``(1) the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976. ``(c) Adjusted Taxable Gifts.--For purposes of paragraph (1)(B), 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.''. (b) Conforming Amendments.-- (1) Section 2010(c) of such Code is amended by striking ``the rate schedule set forth in section 2001(c)'' and inserting ``section 2001''. (2) Subsection (b) of section 2101 of such Code is amended to read as follows: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(1) a tax computed under section 2001 on the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976.''. (3) Section 2502 of such Code is amended to read as follows: ``SEC. 2502. RATE OF TAX. ``(a) General Rule.--The tax imposed by section 2501 for each calendar year shall be an amount equal to-- ``(1) the tax computed under section 2001 on the sum of the taxable gifts for such calendar year, over ``(2) the tax computed under section 2001 on the sum of the taxable gifts for each of the preceding calendar periods. ``(b) Tax To Be Paid by Donor.--The tax imposed by section 2501 shall be paid by the donor.''. (4) Section 6601(j)(2)(A)(i) of such Code is amended by striking ``the rate schedule set forth in section 2001(c)'' and inserting ``section 2001''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 3. UNIFIED CREDIT AGAINST ESTATE AND GIFT TAXES INCREASED TO EXCLUSION EQUIVALENT OF $10,000,000; INFLATION ADJUSTMENT OF CREDIT. (a) In General.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended to read as follows: ``(c) Applicable Credit Amount.--For purposes of this section, the applicable credit amount is the amount of tax which would be determined under section 2001 if the amount with respect to which such tax is to be computed were the applicable exclusion amount. For purposes of the preceding sentence, the applicable exclusion amount is $10,000,000.''. (b) Inflation Adjustment.-- (1) In general.--Section 2010 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Inflation Adjustment.--In the case of any decedent dying, and gift made, in a calendar year after 2001, the $10,000,000 amount set forth in subsection (c) shall be increased by an amount equal to-- ``(1) $10,000,000, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (2) Conforming amendment.--Section 6018(a)(1) of such Code is amended by striking ``section 2010(c)'' and inserting ``section 2010''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 4. REPEAL OF ESTATE TAX BENEFIT FOR FAMILY-OWNED BUSINESS INTERESTS. (a) In General.--Section 2057 of the Internal Revenue Code of 1986 (relating to family-owned business interests) is hereby repealed. (b) Conforming Amendments.-- (1) 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 the Estate Tax Relief Act of 2001)'' before the period. (2) 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. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act.
Estate Tax Relief Act of 2001 - Amends the Internal Revenue Code to: (1) reduce the estate and gift tax rate; and (2) increase the unified credit exclusion to $10 million.
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(a) Protected Activities.--Section 807 of the Fair Housing Act (42 U.S.C. 3607) is amended by adding at the end the following: ``(c) Activities Protected by First Amendment; Actions by Government Officials; Enforcement.-- ``(1) Activities protected by first amendment.--The following conduct does not constitute a violation of this title: ``(A) Any speech, activity, belief, affiliation, or membership protected by the first amendment to the Constitution of the United States, including any-- ``(i) written or oral communication with a government official or member of an entity exercising government functions; ``(ii) nonviolent expression of opinion in any form, including print, speech, or electronic methods of communication; and ``(iii) participation, affiliation, or membership in an organization engaged in lawful activity. ``(B) The filing of an action in any Federal or State court for damages or to enforce or seek enforcement of any Federal, State, or local law, including regulations or ordinances, if the action satisfies the standards set forth in rule 11(b) of the Federal Rules of Civil Procedure. ``(2) Activities of government officials.--In an action or proceeding against a government official, or a member of an entity exercising a government function, in the official capacity of that official or member, for a violation of this title, no evidence of the following shall be admitted as evidence or otherwise considered by the trier of fact: ``(A) That the official or member received a communication, expression of opinion, or other information pertaining to the membership of another person in an organization described in paragraph (1)(A), or was otherwise exposed to activity or conduct described in paragraph (1)(A). ``(B) That the official or member was the defendant or subject of an action otherwise described in paragraph (1)(B), even if the action did not satisfy the standards set forth in rule 11(b) of the Federal Rules of Civil Procedure. ``(3) Enforcement.--Any regulation or guideline for the determination of housing discrimination under this title that is considered, proposed, or adopted after the date of enactment of this subsection shall make explicitly clear that any speech, activity, belief, affiliation, or membership protected by the first amendment to the Constitution of the United States is not to be restricted and does not constitute evidence of housing discrimination under this title.''. (b) Administrative Enforcement.--Section 810(a)(1) of the Fair Housing Act (42 U.S.C. 3610(a)(1)) is amended-- (1) in subparagraph (A), by adding at the end the following: ``(iv) The Secretary shall not file or accept for filing any complaint, unless-- ``(I) the complaint describes the alleged discriminatory housing practice in sufficient detail to enable the Secretary to determine whether the conduct at issue is described in section 807(c); and ``(II) the Secretary has determined that the discriminatory housing practice alleged in the complaint is not described in section 807(c).''; and (2) in subparagraph (B)(ii)-- (A) by inserting ``, describing in detail the alleged unlawful conduct,'' after ``identifying the alleged discriminatory housing practice''; and (B) by inserting ``including the protections and exemptions set forth in section 807(c),'' after ``procedural rights and obligations of respondents under this title,''. (c) Sanctions for Impermissible Complaints.--Section 810 of the Fair Housing Act (42 U.S.C. 3610) is amended by adding at the end the following: ``(i) Sanctions for Impermissible Complaints.--If a court determines that a complaint filed, or accepted for filing, by the Secretary under this section does not meet the requirements of subsection (a)(1)(A)(iv), the court-- ``(1) shall promptly dismiss the complaint; and ``(2) shall impose appropriate sanctions on the Secretary, including the assessment of all costs (including attorney's fees) incurred by the respondent as a result of the filing of the complaint.''.
Amends the Fair Housing Act to state that first amendment-protected conduct or membership and court actions (satisfying Federal civil procedure) to enforce Federal, State, or local law shall not constitute housing discrimination under such Act. Prohibits, in a housing discrimination proceeding against a governmental official, the admission as evidence that such official: (1) received information pertaining to the protected membership of another person; or (2) was the subject of a housing discrimination court action. Requires any housing discrimination enforcement guideline to make explicit that protected conduct or membership shall not be restricted nor constitute evidence of discrimination. Prohibits administrative enforcement unless the complaint describes the practice in sufficient detail to enable the Secretary of Housing and Urban Development to determine that such practice is not first amendment-protected. Provides sanctions for impermissible complaints.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearms Corrections and Improvements Act''. SEC. 2. CORRECTION OF NONSUBSTANTIVE ERROR IN AGE LIMIT PROVISION. Section 922(b)(1) of title 18, United States Code, is amended to read as follows: ``(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe has not attained 18 years of age, and, if the firearm is other than a shotgun or rifle, or the ammunition is for a firearm other than a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age;''. SEC. 3. POSSESSION AND TRANSFER OF MACHINEGUNS FOR INDUSTRY TESTING AND SECURITY CONTRACTING. (a) Machineguns for Federal Contractors.--Section 922(a)(4) of title 18, United States Code, is amended by striking ``except'' and all that follows and inserting ``except-- ``(A) as specifically authorized by the Attorney General consistent with public safety and necessity; or ``(B) to comply with a contract between any person and the United States which requires that person to provide national security services for the United States or any training related to such services;''. (b) Sale or Delivery of Machineguns to Federal Contractors.-- Section 922(b) of such title is amended by adding at the end the following: ``Paragraphs (2) and (4) of this subsection shall not apply to a sale or delivery to comply with a contract between any person and the United States which requires that person to provide national security services for the United States or any training related to the services.''. (c) Post-86 Machineguns for Testing, Research and Development, Training, and Security.--Section 922(o) of such title is amended-- (1) in paragraph (2)-- (A) by striking ``or'' at the end of subparagraph (A); and (B) by redesignating subparagraph (B) as subparagraph (E) and inserting after subparagraph (A) the following: ``(B) a transfer to, or possession by, a person to comply with a contract between that person and the United States which requires the person to provide national security services for the United States or any training related to the services; ``(C) a transfer to, or possession by, a licensed manufacturer or licensed importer solely for testing, research, design, or development of ammunition or a firearm; ``(D) a possession by a licensed manufacturer or licensed importer for the purposes of training persons to whom a machinegun, manufactured or imported by the licensee, may be transferred as described in subparagraph (A) or (B); or''; and (2) by adding at the end the following: ``(3) A person shall not transfer a machinegun to another person in the circumstances described in paragraph (2)(B) of this subsection, unless the Attorney General has notified the person that the Attorney General has determined, based on the fingerprints of such other person and on information in the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, that such other person is not prohibited from possessing or receiving a firearm under Federal or State law.''. (d) Importation of Machineguns.--Section 925(d) of such title is amended-- (1) in paragraph (3), by striking ``or'' at the end; (2) in paragraph (4), by striking the period and inserting ``; or''; and (3) by inserting after paragraph (4) the following: ``(5) is imported or brought in for a purpose described in subparagraph (B), (C), or (D) of section 922(o)(2).''. (e) Importation Under the National Firearms Act.--Section 5844 of the National Firearms Act (26 U.S.C. 5844) is amended-- (1) in paragraph (3), by inserting ``or'' after the semicolon; and (2) by inserting after paragraph (3) the following: ``(4) a machinegun being imported or brought in to comply with a contract between any person and the United States which requires the person to provide national security services for the United States or any training related to the services; or ``(5) a machinegun being imported or brought in by a registered importer or registered manufacturer for the purposes of training persons who acquire machineguns pursuant to paragraph (1) that were manufactured or imported by the registrant.''. (f) National Security Services Defined.--Section 921(a) of such title is amended by adding at the end the following: ``(36) The term `national security services' means any protective, defensive, or security service provided pursuant to a contract or subcontract with a department or agency of the United States.''. (g) Effective Date.--The amendments made by this section shall take effect after the 180-day period that begins with the date of the enactment of this Act. SEC. 4. ELIMINATION OF OBSOLETE LANGUAGE ADDED BY THE BRADY HANDGUN VIOLENCE PREVENTION ACT. Section 922 of title 18, United States Code, is amended-- (1) by striking subsection (s); and (2) in subsection (t), by striking ``Beginning'' and all that follows through ``a licensed'' and inserting ``A licensed''. SEC. 5. BAN ON TAX OR FEE FOR BACKGROUND CHECK BY THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. Section 922(t) of title 18, United States Code, is amended by adding at the end the following: ``(7) The Attorney General shall not charge any tax or fee for any background check conducted pursuant to this subsection.''. SEC. 6. ELIMINATION OF WRITTEN PERMISSION REQUIREMENT FOR SUPERVISED HANDGUN USE. Section 922(x)(3)(A) of title 18, United States Code, is amended-- (1) in clause (ii), by striking subclause (II) and inserting the following: ``(II) with respect to ranching or farming activities, target practice, hunting, or a course of instruction in the safe and lawful use of a handgun, as described in clause (i), a juvenile may possess and use a handgun or ammunition without the prior written consent, if the parent or legal guardian is present at all times and the juvenile acts at the direction of a parent, legal guardian, or other adult who is not prohibited by Federal, State, or local law from possessing a firearm;''; and (2) in clause (iii), by inserting ``except as provided in clause (ii)(II),'' after ``(iii)''. SEC. 7. ELIMINATION OF DUPLICATIVE MULTIPLE SALES REPORT REQUIREMENT. Subsection 923(g)(3) of title 18, United States Code, is amended-- (1) in subparagraph (A)-- (A) by striking ``(A)''; and (B) in the 2nd sentence, by striking ``and to the department of State police'' and all that follows through ``took place''; and (2) by striking subparagraph (B). SEC. 8. BAN ON ELECTRONIC RETRIEVAL OF FIREARMS PURCHASER INFORMATION. Subsection 923(g)(4) of title 18, United States Code, is amended by adding at the end the following: ``The Attorney General shall not electronically retrieve information gathered pursuant to this paragraph by name or by any personal identification code.''. SEC. 9. TRACE DISCLOSURE. Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8)(A) Information required to be kept by licensees pursuant to this subsection, or required to be reported pursuant to paragraphs (3) and (7) of this subsection, and information in the firearms trace system database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, shall not be-- ``(i) disclosed to any entity, except to a Federal, State, local, or foreign law enforcement agency or a Federal, State, or local prosecutor solely in connection with and for use in a bona fide criminal investigation or prosecution, and only to the extent that the information pertains to the geographic jurisdiction of the law enforcement agency or prosecutor requesting the disclosure; or ``(ii) made available for use in any civil action or proceeding other than-- ``(I) an action or proceeding commenced by the Attorney General to enforce this chapter; or ``(II) a review of such an action or proceeding. ``(B) The information described in subparagraph (A) shall be immune from legal process, shall not be subject to subpoena or other discovery, and shall not be admissible as evidence, and testimony or other evidence relying on the information shall not be admissible, in any civil action in a State or Federal court, or in any administrative proceeding other than a proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to enforce this chapter, or a review of such an action or proceeding. ``(C) This subsection shall not be construed to prevent the disclosure of statistical information concerning total production, importation, and exportation by each licensed importer and licensed manufacturer.''. SEC. 10. BARREL AND RECEIVER IMPORTATION. (a) In General.--Section 925(e) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``, and'' and inserting a period; (2) by adding at the end the following: ``(3) All frames or receivers of rifles, or barrels for firearms other than handguns, if the importation is for repair or replacement purposes.''. (b) Governmental Imports.--Section 925(a)(1) of such title is amended by inserting ``, barrel,'' after ``or importation of any firearm''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.
Firearms Corrections and Improvements Act - Amends firearms provisions of the federal criminal code to: (1) lift restrictions on the possession, transfer, and importation of machineguns, and certain other shotguns and rifles, for contractors providing national security services for the United States and training related to such services, and for manufacturers for testing, research, design, or development purposes; (2) prohibit the Attorney General from charging any tax or fee for any background check by the national instant criminal background check system; (3) permit juveniles to possess and use a handgun or ammunition for certain activities without written parental consent if the parent is present when the juvenile is using the handgun; (4) eliminate certain reporting requirements for multiple handgun sales (more than one sale within five days) by dealers to state police and law enforcement agencies; (5) prohibit the Attorney General from electronically retrieving records of gun dealers who have gone out of business by name or any personal identification code; (6) limit disclosure of trace records; and (7) allow importation of barrels, frames, and receivers for firearms other than handguns for repair or replacement purposes.
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SECTION 1. SHORT TITLE. This act may be cited as the ``Veterans Appeals Improvement and Modernization Act of 2009''. SEC. 2. WAIVER OF REGIONAL OFFICE JURISDICTION OVER INCORPORATION OF SUPPLEMENTAL EVIDENCE INTO PREVIOUSLY SUBMITTED CLAIMS. (a) Waiver.--Section 7104 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f) If a claimant submits new evidence in support of a case for which a substantive appeal has been filed, such evidence shall be submitted to the Board directly and not to a regional office of the Department, unless the claimant requests that the evidence be reviewed by the regional office before being submitted to the Board.''. (b) Effective Date.--Subsection (f) of section 7104 of title 38, United States Code, as added by subsection (a) of this section, shall apply with respect to evidence submitted on or after the date that is 90 days after the date of the enactment of this Act. SEC. 3. MODIFICATION OF JURISDICTION AND FINALITY OF DECISIONS OF THE COURT OF APPEALS FOR VETERANS CLAIMS. (a) Modification.--Subsection (a) of section 7252 of title 38, United States Code, is amended-- (1) by striking the third sentence; and (2) by adding at the end the following new sentence: ``The Court shall have power to affirm, modify, reverse, remand, or vacate and remand a decision of the Board after deciding all relevant assignments of error raised by an appellant for each particular claim for benefits. In a case in which the Court reverses a decision on the merits of a particular claim and orders an award of benefits, the Court need not decide any additional assignments of error with respect to that claim.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to a decision of the Board of Veterans' Appeals made on or after the date of the enactment of this Act. SEC. 4. COMMISSION TO STUDY JUDICIAL REVIEW OF THE DETERMINATION OF VETERANS' BENEFITS. (a) Establishment.--There is established a commission to be known as the ``Veterans Judicial Review Commission'' (in this section referred to as the ``Commission''). (b) Duties.--The Commission shall-- (1) evaluate the administrative and judicial appellate review processes of veterans' and survivors' benefits determinations; and (2) make specific recommendations and offer solutions to improve the accuracy, fairness, transparency, predictability, timeliness, and finality of such appellate review processes, including a recommendation as to whether the Court of Appeals for Veterans Claims should have the authority to hear class action or associational standing cases. (c) Membership.-- (1) In general.--The Commission shall be composed of 13 members appointed as follows: (A) Two individuals appointed by the Speaker of the House of Representatives. (B) Two individuals appointed jointly by the President of the Senate and the President pro tempore. (C) Two individuals appointed by the minority leader of the House of Representatives. (D) Two individuals appointed by the minority leader of the Senate. (E) Four individuals appointed by the President. (F) One individual appointed by the President, by and with the advice and consent of the Senate, who shall serve as chairperson. (2) Qualifications.--Individuals appointed under paragraph (1) shall-- (A) be specially qualified to serve on the Commission by virtue of their expert education, training, or experience associated with veterans' benefits, judicial review, constitutional law, or other areas of expertise pertinent to the duties of the Commission; and (B) include individuals who-- (i) are current or retired members of the judiciary; (ii) are members of the legal or academic community; or (iii) represent-- (I) veterans service organizations; (II) legal service organizations; or (III) other affected entities. (3) Terms.--Each member shall be appointed for the life of the Commission. (4) Vacancy.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chairperson or a majority of its members. (2) Quorum.--A majority of the Commission shall constitute a quorum but a lesser number may hold hearings. (e) Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members shall serve without pay. (2) Travel expense.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Staff.-- (1) Director.--The Commission shall have a director who shall be appointed by the Chairperson. (2) Staff.--Subject to rules prescribed by the Commission, the Chairperson may appoint additional personnel as the Chairperson considers appropriate. (3) Applicability of certain civil service laws.--The director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (4) Experts and consultants.--Subject to rules prescribed by the Commission, the Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (5) Staff to federal agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (g) Powers of Commission.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (h) Reports.-- (1) Interim report.--Not later than July 1, 2010, the Commission shall submit to Congress an interim report of the evaluation and recommendations made under subsection (b). (2) Final report.--Not later than December 31, 2010, the Commission shall submit to Congress a final report on the activities of the Commission, including-- (A) specific recommendations and solutions proposed by the Commission under subsection (b), including a recommendation as to whether the Court of Appeals for Veterans Claims should have the authority to hear class action or associational standing cases; (B) relevant background and statistical information associated with such recommendations and solutions; and (C) other information the Commission determines appropriate. (i) Termination.--The Commission shall terminate on the date that is two years after the date on which the Commission submits the final report pursuant to section (h)(2).
Veterans Appeals Improvement and Modernization Act of 2009 - Provides that if a veteran claimant submits evidence in support of a case for which a substantive appeal has been filed to the Board of Veterans' Appeals, such evidence shall be submitted directly to the Board and not to a regional office of the Department of Veterans Affairs (VA), unless the claimant requests that the evidence first be reviewed by the regional office. Empowers the Court of Appeals for Veterans Claims to affirm, modify, reverse, remand, or vacate and remand a decision of the Board after deciding all relevant assignments of error raised on appeal. Provides that whenever the Court reverses a decision on the merits of a particular claim and orders an award of benefits, the Court need not decide any additional assignments of error relating to that claim. Establishes the Veterans Judicial Review Commission to evaluate and make specific decisions to improve the administrative and judicial appellate review processes of veterans' and survivors' benefits determinations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act'' or the ``PREEMIE Act''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) reduce preterm birth, its associated disabilities, and deaths of babies born preterm; (2) expand research into the causes of preterm birth; and (3) promote the development, availability, and use of evidence-based standards of care for pregnant women at risk of preterm labor or other serious pregnancy-related complications and for infants born preterm. SEC. 3. RESEARCH AND ACTIVITIES AT THE NATIONAL INSTITUTES OF HEALTH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. EXPANSION AND COORDINATION OF RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND INFANT MORTALITY. ``(a) In General.--The Secretary, acting through the Director of NIH, shall expand, intensify, and coordinate the activities of the National Institutes of Health with respect to research on the causes of preterm labor and delivery, tools to detect, prevent, or reduce prevalence of preterm labor and delivery, and the care and treatment of preterm infants. Research supported under this section shall integrate clinical, public health, basic, and behavioral and social science disciplines together with bioinformatics, engineering, mathematical, and computer sciences to address the causes of preterm labor and delivery collaboratively. ``(b) Clinical Program.--There shall be established within the National Institutes of Health a multi-center clinical program (that shall be initially established utilizing existing networks) designed to-- ``(1) investigate problems in clinical obstetrics, particularly those related to prevention of low birth weight, prematurity, and medical problems of pregnancy; ``(2) improve the care and outcomes of neonates, especially very-low-birth weight infants; and ``(3) enhance the understanding of DNA and proteins as they relate to the underlying processes that lead to preterm birth to aid in formulating more effective interventions to prevent preterm birth. ``(c) Trans-Disciplinary Centers for Preterm Birth Research.-- ``(1) In general.--The Director of NIH shall award grants and contracts to public and nonprofit private entities to pay all or part of the cost of planning, establishing, improving and providing basic operating support for trans-disciplinary research centers for prematurity. ``(2) Eligibility.--To be eligible to receive a grant or contract under paragraph (1), an entity shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require, including, if appropriate, an assurance that the entity will carry out programs related to prematurity research that include neonatal and maternal-fetal medicine multi-center research networks with a focus on clinical trials. ``(3) Focus.--Activities carried out under this subsection shall focus primarily on basic research and progress logically over time to include the need for translational, interventional, and clinical research. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2011 through 2016, of which-- ``(1) for fiscal year 2011, such sums as may be necessary shall be made available for planning grants under subsection (c); and ``(2) for each of fiscal years 2012 through 2016, such sums as may be necessary for each such fiscal year for establishing centers under such subsection. ``(e) Report.--The Director of NIH shall include in the report under section 402A(c) information on the activities of the trans- disciplinary research centers for prematurity under subsection (c).''. SEC. 4. RESEARCH AND ACTIVITIES AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Epidemiological Studies.--Section 3 of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b-4f) is amended by striking subsection (b) and inserting the following: ``(b) Studies and Activities on the Relationship Between Prematurity and Birth Defects.-- ``(1) In general.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall, subject to the availability of appropriations-- ``(A) conduct ongoing epidemiological studies on the clinical, biological, social, environmental, genetic and behavioral factors relating to prematurity; ``(B) conduct activities to improve national data to facilitate tracking the burden of preterm birth; ``(C) develop, implement, and evaluate novel methods for prevention to better understand the growing problem of late preterm birth; ``(D) conduct etiologic and epidemiologic studies of preterm birth; ``(E) expand research on obesity, racial, and ethnic disparities as they relate to preterm birth; and ``(F) conduct ongoing epidemiological studies on the effectiveness of community based interventions. ``(2) Report.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the appropriate committees of Congress reports concerning the progress and any results of studies conducted under paragraph (1).''. (b) Reauthorization.--Section 3(e) of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b-4f(e)) is amended by striking ``$5,000,000'' and all that follows through ``2011'' and inserting the following: ``such sums as may be necessary for each of fiscal years 2012 through 2016''. SEC. 5. RESEARCH AND ACTIVITIES AT THE HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) Telemedicine Demonstration Project on High Risk Pregnancies.-- Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by redesignating subsections (q) through (s) as subsections (r) through (t), respectively; (2) by inserting after subsection (p), the following: ``(q) Telemedicine Demonstration Project on High Risk Pregnancies.-- ``(1) In general.--The Director shall award grants under this section to eligible entities to establish demonstration projects for-- ``(A) the provision of preconception, antepartum, intrapartum, and obstetric services to high risk women of child bearing age remotely by Ob/Gyn's, nurse practitioners, certified nurse-midwives, certified midwives, or other health care providers using telehealth; and ``(B) for the conduct of educational activities regarding risk factors for preterm birth. ``(2) Eligibility.--To be eligible to receive a grant under paragraph (1), an entity shall submit an application to the Director at such time, in such manner, and containing such information as the Director my require.''; and (3) in subsection (t) (as so redesignated)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(3) for grants under subsection (q), such sums as may be necessary for each of fiscal years 2011 through 2015.''. (b) Public and Health Care Provider Education.--Section 399Q of the Public Health Service Act (42 U.S.C. 280g-5) is amended-- (1) in subsection (b), by striking subparagraphs (A) through (F) and inserting the following: ``(A) the core risk factors for preterm labor; ``(B) medically indicated deliveries before 39 weeks; ``(C) outcomes for infants born before 39 weeks; ``(D) risk factors for preterm delivery; ``(E) the importance of preconception- and prenatal care; ``(F) smoking cessation and weight maintenance; ``(G) treatments and outcomes for babies born premature; ``(H) the informational needs of families during the stay of an infant in a neonatal intensive care unit; ``(I) preventable birth injuries; ``(J) oral health; and ``(K) the use of progesterone;''; and (2) in subsection (c), by striking ``$5,000,000'' and all that follows through ``2011'' and insert the following: ``such sums as may be necessary for each of fiscal years 2011 through 2016''. SEC. 6. OTHER ACTIVITIES. (a) National Educational Campaign.-- (1) Establishment.--The Secretary of Health and Human Services, (referred to in this section as the ``Secretary'') acting through the Surgeon General and in consultation with Director of the National Institute on Child Health and Human Development, shall establish and implement a national science- based consumer education campaign on the prevention of preterm birth. (2) Targeting.--The campaign established under paragraph (1) shall target women of childbearing age, high risk populations, ethnic and minority groups, and individuals with a low socioeconomic status. (3) Contracts.--The Secretary shall implement the campaign under paragraph (1) through the awarding of competitive contracts to entities submitting applications to the Secretary (at such time and in such form and manner as the Secretary may require), and may include the use of television, radio, the Internet, and other commercial marketing venues. (b) Advisory Committee on Infant Mortality.-- (1) Strategic plan.--The Advisory Committee on Infant Mortality of the Department of Health and Human Services shall annually develop and annually update and submit to the Secretary a strategic plan for the conduct of preterm birth related research. (2) Annual report.--Not later than January 1, 2011, and each January 1 thereafter, the Advisory Committee on Infant Mortality shall submit to the Secretary, and make available to the general public, a report concerning the activities of the Advisory Committee related to infant mortality, prematurity, and low birthweight. (3) Membership.--The Secretary shall ensure that the membership of the Advisory Committee on Infant Mortality includes the following: (A) Representatives provided for in the original charter of the Advisory Committee. (B) A representative of the National Center for Health Statistics. (c) Pilot Programs.-- (1) In general.--The Secretary, acting through the Administration of the Agency for Healthcare Research and Quality, the Director of the Centers for Disease Control and Prevention, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Medicare & Medicaid Services, the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services, and the heads of other appropriate agencies, shall conduct and report on research studies and demonstration projects that test maternity care models that are designed to reduce the rate of preterm birth. (2) Grants.--The Secretary may carry out this subsection through the awarding of grants to eligible entities. (3) Eligibility.--To be eligible to receive a grant under this section an entity shall-- (A) be-- (i) a hospital or hospital systems that utilizes evidence-based best practices; or (ii) a prematurity prevention network or other types of collaborative; and (B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (4) Targeting.--In awarding grants under this subsection, the Secretary shall target those areas with a demonstrated persistent high rate of preterm birth. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2011 through 2016.
Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or the PREEMIE Act - Amends the Public Health Service Act to: (1) require the Secretary of Health and Human Services (HHS), acting through the Director of the National Institutes of Health (NIH), to expand, intensify, and coordinate the activities of NIH with respect to research on the causes and prevention of preterm labor and delivery and the care and treatment of preterm infants; (2) establish within NIH a multicenter clinical program and trans-disciplinary centers for prematurity research; (3) require the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct research, activities, and studies on preterm birth; and (4) require the CDC to award grants for telemedicine demonstration projects for services for high risk pregnancies. Directs the Secretary to: (1) establish and implement a national science-based consumer education campaign on the prevention of preterm birth; and (2) conduct and report on research studies and demonstration projects for reducing the rate of preterm birth. Requires the Advisory Committee on Infant Mortality of HHS to report annually to the Secretary on a strategic plan for the conduct of preterm birth-related research.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Ocean Acidification Research And Monitoring Act of 2009'' or the ``FOARAM Act''. SEC. 2. PURPOSES. (a) Purposes.--The purposes of this Act are to provide for-- (1) development and coordination of a comprehensive interagency plan to-- (A) monitor and conduct research on the processes and consequences of ocean acidification on marine organisms and ecosystems; and (B) establish an interagency research and monitoring program on ocean acidification; (2) establishment of an ocean acidification program within the National Oceanic and Atmospheric Administration; (3) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification; and (4) research adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification. SEC. 3. DEFINITIONS. In this Act: (1) Ocean acidification.--The term ``ocean acidification'' means the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (3) Subcommittee.--The term ``Subcommittee'' means the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council. SEC. 4. INTERAGENCY SUBCOMMITTEE. (a) Designation.-- (1) In general.--The Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification and establish an interagency working group. (2) Membership.--The interagency working group on ocean acidification shall be comprised of senior representatives from the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the United States Fish and Wildlife Service, and such other Federal agencies as appropriate. (3) Chairman.--The interagency working group shall be chaired by the representative from the National Oceanic and Atmospheric Administration. (b) Duties.--The Subcommittee shall-- (1) develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 5 of this Act and oversee the implementation of the plan; (2) oversee the development of-- (A) an assessment of the potential impacts of ocean acidification on marine organisms and marine ecosystems; and (B) adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidification; (3) facilitate communication and outreach opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources; (4) coordinate the United States Federal research and monitoring program with research and monitoring programs and scientists from other nations; and (5) establish or designate an Ocean Acidification Information Exchange to make information on ocean acidification developed through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification. (c) Reports to Congress.-- (1) Initial report.--Not later than 1 year after the date of enactment of this Act, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that-- (A) includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) describes the progress in developing the plan required under section 5 of this Act. (2) Biennial report.--Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that includes-- (A) a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) an analysis of the progress made toward achieving the goals and priorities for the interagency research plan developed by the Subcommittee under section 5. (3) Strategic research plan.--Not later than 2 years after the date of enactment of this Act, the Subcommittee shall transmit the strategic research plan developed under section 5 to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years thereafter. SEC. 5. STRATEGIC RESEARCH PLAN. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Subcommittee shall develop a strategic plan for Federal research and monitoring on ocean acidification that will provide for an assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification that have identified research and monitoring needed to better understand ocean acidification and its potential impacts, and recommendations made by the National Academy of Sciences in the review of the plan required under subsection (d). (b) Contents of the Plan.--The plan shall-- (1) provide for interdisciplinary research among the ocean sciences, and coordinated research and activities to improve the understanding of ocean chemistry that will affect marine ecosystems; (2) establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will-- (A) advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and marine ecosystems; (B) improve the ability to assess the socioeconomic impacts of ocean acidification; and (C) provide information for the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems; (3) describe specific activities, including-- (A) efforts to determine user needs; (B) research activities; (C) monitoring activities; (D) technology and methods development; (E) data collection; (F) database development; (G) modeling activities; (H) assessment of ocean acidification impacts; and (I) participation in international research efforts; (4) identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and set forth the role of each Federal agency in implementing the plan; (5) consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other entities; (6) make recommendations for the coordination of the ocean acidification research and monitoring activities of the United States with such activities of other nations and international organizations; (7) outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be conducted by each agency under the plan; (8) identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidification and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and its impacts; and (9) describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities. (c) Program Elements.--The plan shall include at a minimum the following program elements: (1) Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean monitoring stations, including satellite-based monitoring to characterize-- (A) marine ecosystems; (B) changes in marine productivity; and (C) changes in surface ocean chemistry. (2) Research to understand the species specific physiological responses of marine organisms to ocean acidification, impacts on marine food webs of ocean acidification, and to develop environmental and ecological indices that track marine ecosystem responses to ocean acidification. (3) Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial input, and modeling to determine impacts on marine ecosystems and individual marine organisms. (4) Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats. (5) Assessment of socioeconomic impacts of ocean acidification and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. (d) National Academy of Sciences Evaluation.--The Secretary shall enter into an agreement with the National Academy of Sciences to review the plan. (e) Public Participation.--In developing the plan, the Subcommittee shall consult with representatives of academic, State, industry and environmental groups. Not later than 90 days before the plan, or any revision thereof, is submitted to the Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days. SEC. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES. (a) In General.--The Secretary shall establish and maintain an ocean acidification program within the National Oceanic and Atmospheric Administration to conduct research, monitoring, and other activities consistent with the strategic research and implementation plan developed by the Subcommittee under section 5 that-- (1) includes-- (A) interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification; (B) the establishment of a long-term monitoring program of ocean acidification utilizing existing global and national ocean observing assets, and adding instrumentation and sampling stations as appropriate to the aims of the research program; (C) research to identify and develop adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification; (D) as an integral part of the research programs described in this Act, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification; (E) as an integral part of the research programs described in this Act, national public outreach activities to improve the understanding of current scientific knowledge of ocean acidification and its impacts on marine resources; and (F) coordination of ocean acidification monitoring and impacts research with other appropriate international ocean science bodies such as the International Oceanographic Commission, the International Council for the Exploration of the Sea, the North Pacific Marine Science Organization, and others; (2) provides grants for critical research projects that explore the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the goals and priorities of the strategic research plan; and (3) incorporates a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program under section 7901 of title 10, United States Code. (b) Additional Authority.--In conducting the Program, the Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this Act on such terms as the Secretary considers appropriate. SEC. 7. NSF OCEAN ACIDIFICATION ACTIVITIES. (a) Research Activities.--The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer- reviewed proposals for research and monitoring of ocean acidification and its impacts, including-- (1) impacts on marine organisms and marine ecosystems; (2) impacts on ocean, coastal, and estuarine biogeochemistry; and (3) the development of methodologies and technologies to evaluate ocean acidification and its impacts. (b) Consistency.--The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 5. (c) Coordination.--The Director shall encourage coordination of the Foundation's ocean acidification activities with such activities of other nations and international organizations. SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES. (a) Ocean Acidification Activities.--The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. (b) Program Consistency.--The Administrator shall ensure that the Agency's research and monitoring activities on ocean acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 5. (c) Coordination.--The Administrator shall encourage coordination of the Agency's ocean acidification activities with such activities of other nations and international organizations. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) NOAA.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this Act-- (1) $8,000,000 for fiscal year 2009; (2) $12,000,000 for fiscal year 2010; (3) $15,000,000 for fiscal year 2011; and (4) $20,000,000 for fiscal year 2012. (b) NSF.--There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this Act-- (1) $6,000,000 for fiscal year 2009; (2) $8,000,000 for fiscal year 2010; (3) $12,000,000 for fiscal year 2011; and (4) $15,000,000 for fiscal year 2012.
Federal Ocean Acidification Research And Monitoring Act of 2009 or FOARAM Act - Defines "ocean acidification," for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council coordinate federal activities on ocean acidification and establish an interagency working group. Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides, among other things, for the development of adaptation and mitigation strategies. Directs the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan. Directs the Secretary to establish and maintain an ocean acidification program in NOAA to conduct research, monitoring, and other activities, including: (1) providing grants for critical research projects exploring the ecosystem and socioeconomic impacts of ocean acidification; and (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program. Requires the National Science Foundation (NSF) director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts. Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for the monitoring of ocean acidification and its impacts.
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SECTION 1. DEFINITIONS. In this Act: (1) Church.--The term ``Church'' means the Church Universal and Triumphant. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) Specifications document.--The term ``specifications document'' means the document entitled ``Church/Forest Service Land Exchange Specifications'' agreed to by the Church and the Secretary under section 2(b)(3). SEC. 2. LAND EXCHANGE. (a) In General.--Notwithstanding any other law, if an offer is made under subsection (b), the Secretary shall acquire by exchange certain lands and interests in land owned by the Church, its successors and assigns, located in the Yellowstone Controlled Groundwater Area and Corwin Springs Known Geothermal Resource Area of the Gallatin National Forest. (b) Offer and Acceptance of Land and Interests in Land.-- (1) Non-federal lands and interests in land.--If the Church offers-- (A) title that is acceptable to the United States to all right, title, and interest to approximately 26 acres of land owned by the Church as depicted on the maps entitled ``Church/Forest Services Land Exchange Proposal'', dated July 1994; (B) all right, title, and interest to the subsurface regulated resources estate on all Church properties within the Yellowstone Controlled Groundwater Area; (C) a perpetual public access road and utility easement 60 feet wide, plus allowance for cuts and fills, over Church property to the Gallatin National Forest lands in the Cutler Homestead/Sentinel Butte area, as depicted on the maps described in subparagraph (A); and (D) other rights and covenants in accordance with the terms of the specifications document, the Secretary shall accept a warranty deed to the land described in subparagraph (A), a special warranty deed to the regulated resources described in subparagraph (B), State water rights transfer documents, and any other such instruments as are necessary to transfer the property interests described in subparagraphs (A), (B), (C), and (D). (2) Federal land and interests in land.-- (A) In general.--On acceptance by the Secretary of title to the lands, interests, and rights and covenants offered by the Church under paragraph (1)-- (i) the Secretary shall convey by patent to the Church, subject to all valid existing rights, and a reservation to the United States of all regulated resources, title to approximately 11 acres within the Gallatin National Forest, as depicted on the maps described in paragraph (1)(A); (ii) the Secretary shall convey an easement to the Church granting the right to collect and transport across Federal land the natural unenhanced surface flow at LaDuke Hot Springs from its source to the east bank of the Yellowstone River as depicted on the maps described in paragraph (1)(A), and the United States shall withdraw all of its water rights claims and objections filed with regard to LaDuke Hot Springs in pending water rights adjudications under Federal and State law; (iii) the Secretary shall grant to the Church standard Forest Service right-of-way authorizations for roads across National Forest System land as generally depicted on the maps described in paragraph (1)(A) and further defined by the specifications document; and (iv) the Secretary shall grant to the Church other rights and covenants in accordance with the terms of the specifications document. (B) Surveys.--Surveys prepared to standards approved by the Secretary shall be furnished by the Church for the affected Federal and non-Federal lands and surface interests prior to conveyance of the Federal lands and interests under subparagraph (A). (3) Specifications document.-- (A) In general.--A document entitled ``Church/ Forest Service Land Exchange Specifications'', jointly developed and agreed to by the Secretary and the Church shall define the non-Federal and Federal lands and interests to be exchanged under this Act, including legal descriptions of lands and interests in land and other terms, conditions, and covenants. (B) Limitation.--The specifications document shall not include any minimum surface flow requirements to the Yellowstone River from LaDuke Hot Springs. (C) Submission to congress.--The Secretary shall submit a copy of the completed specifications document to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives, and the specifications document shall take effect 60 days thereafter. (c) Title.-- (1) Review of title.--Within 90 days after receipt of the approved surveys and title documents from the Church, the Secretary shall review the title for the non-Federal lands described in subsection (b)(1) and determine whether-- (A) the applicable title standards for Federal land acquisition have been satisfied; and (B) all draft conveyances and closing documents have been received and approved. (2) Corrective action.--If the quality of title does not meet Federal standards or is otherwise unacceptable to the Secretary, the Secretary shall advise the Church regarding corrective actions necessary to cure title defects. (3) Conveyance of title.--The conveyance to the Church of lands described in subsection (b)(2)(A) shall be completed not later than 90 days after the Secretary approves title. SEC. 3. GENERAL PROVISIONS. (a) Correction of Errors in Maps.--The maps described in section 2(b)(1)(i) are subject to correction of any technical error in describing the lands and interests in land to be exchanged under this Act. (b) Availability for Public Inspection.--The maps described in section 2(b)(1)(i) and the specifications document shall be on file and available for public inspection in the Office of the Chief of the Forest Service, in Washington, D.C. (c) National Forest System Lands.--All lands and interests in land conveyed to the United States under this Act shall be administered in accordance with the laws (including regulations) pertaining to the National Forest System. (c) Valuation.--The value of the lands and interests in lands to be exchanged under this Act are deemed to be equal, and no appraisal shall be required.
Directs the Secretary of Agriculture to acquire by exchange certain lands in the Yellowstone Controlled Groundwater Area and Corwin Springs Known Geothermal Resource Area of the Gallatin National Forest, Montana, from the Church Universal and Triumphant.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Veterans' Resiliency Act''. SEC. 2. PILOT PROGRAM ON REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) In General.--The Secretary of Veterans Affairs shall carry out a pilot program to repay loans of individuals described in subsection (b) that-- (1) were used by such individuals to finance the educational expenses of such individuals relating to psychiatric medicine, including education leading to-- (A) an undergraduate degree; (B) a degree of doctor of medicine; or (C) a degree of doctor of osteopathy; and (2) were obtained from any of the following: (A) A governmental entity. (B) A private financial institution. (C) An institution of higher education. (D) Any other entity as specified the Secretary for purposes of the pilot program. (b) Eligible Individuals.-- (1) In general.--Subject to paragraph (2), an individual eligible for participation in the pilot program is an individual who-- (A) either-- (i) is licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (ii) is enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (B) demonstrates a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, as determined by the Secretary. (2) Prohibition on simultaneous eligibility.--An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual is not eligible to participate in the pilot program. (c) Selection.-- (1) In general.--The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (2) Rural or highly rural areas.--Of the individuals selected under paragraph (1), not less than five shall be individuals who practice psychiatric medicine in a rural area or highly rural area or demonstrate a commitment to practice psychiatric medicine in such an area. (d) Period of Obligated Service.--The Secretary shall enter into an agreement with each individual selected under subsection (c) in which such individual agrees to serve a period of obligated service for the Veterans Health Administration in the field of psychiatric medicine, as determined by the Secretary for purposes of the pilot program, in exchange for the repayment of the loan or loans of such individual under the pilot program. (e) Loan Repayments.-- (1) In general.--Subject to paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual who is participating in the pilot program for all educational expenses (including tuition, fees, books, and laboratory expenses) of such individual relating to education described in subsection (a)(1). (2) Limit.--The amount paid by the Secretary under the pilot program for each year of obligated service agreed to by an individual under subsection (d) may not exceed $60,000. (f) Breach.-- (1) Liability.--An individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (d) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Repayment period.--Any amount of damages that the United States is entitled to recover under this subsection shall be paid to the United States not later than one year after the date of the breach of the agreement. (g) Report.-- (1) In general.--Not later than 90 days after the date on which the pilot program terminates under subsection (i), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include the following: (A) An assessment of the overall effect of the pilot program on the psychiatric workforce shortage of the Veterans Health Administration. (B) A current assessment of the long-term stability of the psychiatric workforce of the Veterans Health Administration. (C) Strategies of the Veterans Health Administration to improve and increase the ability of the Administration to promote the physical and mental resiliency of all veterans. (h) Regulations.--The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination.--The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. SEC. 3. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON PAY DISPARITIES OF PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) Study.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of pay disparities among psychiatrists of the Veterans Health Administration of the Department of Veterans Affairs. (2) Elements.--The study conducted under paragraph (1) shall include-- (A) an examination of laws, regulations, practices, and policies, including salary flexibilities, that contribute to pay disparities described in paragraph (1); and (B) recommendations with respect to legislative or administrative actions to improve equity in pay among psychiatrists of the Veterans Health Administration. (b) Report.--Not later than one year after the date on which the Comptroller General completes the study under subsection (a), the Comptroller General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the results of the study. SEC. 4. PILOT PROGRAM ON HOUSING ALLOWANCES FOR HEALTH CARE PROVIDERS OF VETERANS HEALTH ADMINISTRATION ACCEPTING ASSIGNMENT AT RURAL AND HIGHLY RURAL COMMUNITY-BASED OUTPATIENT CLINICS. (a) Pilot Program Authorized.--The Secretary of Veterans Affairs may carry out a pilot program to assess the feasibility and advisability of providing a housing allowance to health care providers of the Veterans Health Administration of the Department of Veterans Affairs who accept assignment at rural or highly rural community-based outpatient clinics as a means of encouraging such health care providers to accept assignment to such clinics. (b) Eligibility.--An individual is eligible for participation in the pilot program if the individual-- (1) is a health care provider; (2) is, or agrees to become, an employee of the Veterans Health Administration on a full-time basis in a health care position designated by the Secretary for purposes of the pilot program; and (3) accepts an assignment in such position for a term of not less than 36 months at a rural or highly rural community- based outpatient clinic selected by the Secretary for purposes of the pilot program. (c) Conditions on Payment of Housing Allowance.--Except as provided in subsection (d)(3), an individual may be provided a housing allowance under the pilot program only while-- (1) in good standing as a health care provider within the Veterans Health Administration; and (2) assigned as a health care provider at a rural or highly rural community-based outpatient clinic. (d) Amount of Housing Allowance.-- (1) Monthly amount during initial term.--During the first 36 months of participation in the pilot program, the housing allowance provided a health care provider participating in the pilot program shall be provided on a monthly basis at a rate that is equivalent to the monthly rate of basic allowance for housing (BAH) payable under section 403 of title 37, United States Code, to members of the uniformed services whose grade, dependency status, and geographic location most closely equals, as determined by the Secretary, the grade of such provider under section 7404 of title 38, United States Code, and the dependency status and geographic location of such provider. (2) Monthly amount for certain providers for additional term.--If upon completion of the first 36 months in the pilot program a health care provider accepts continuing participation in the pilot program at a rural or highly rural community-based outpatient clinic for a term of not less than 12 additional months, the housing allowance provided the health care provider under the pilot program shall be provided on a monthly basis for such additional months at a rate determined in accordance with paragraph (1). (3) Bonus amount.-- (A) Completion of initial term.--Any health care provider who successfully completes 36 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to three months of the monthly rate of housing allowance provided the health care provider under paragraph (1) during the last month before the provider's completion of participation in the pilot program. (B) Completion of additional one-year term.--Any health care provider who successfully completes 48 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to 12 months of the monthly rate of housing allowance provided the health care provider under paragraph (2) during the last month before the provider's completion of participation in the pilot program. (C) Completion of additional two-year term.--Any health care provider who successfully completes 60 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to 13 months of the monthly rate of housing allowance provided the health care provider under paragraph (2) during the last month before the provider's completion of participation in the pilot program. (D) No requirement to remain on assignment.--An amount payable under this paragraph shall be paid whether or not the health care provider concerned remains in an assignment at a rural or highly rural community-based outpatient clinic. (e) Supplemental Nature of Allowance.--Any housing allowance provided under the pilot program shall be in addition to any pay (including basic pay, special pay, and retirement or other bonus pay) payable to personnel of the Veterans Health Administration personnel under chapter 74 of title 38, United States Code, or any other provision of law. (f) Annual Reports.-- (1) In general.--Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter while the pilot program is in effect, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements.--Each report submitted under paragraph (1) shall include the following: (A) A current description of the pilot program, including the current number of participants in the pilot program and the amounts of housing allowance being provided such participants. (B) A current assessment of the value of the housing allowance under the pilot program in encouraging health care providers in accepting assignment to rural and highly rural community-based outpatient clinics. (g) Funding.--Amounts for housing allowances under the pilot program shall be derived from amounts available for the Veterans Health Administration for Medical Services. (h) Sunset.-- (1) In general.--No individual may commence participation in the pilot program on or after the date that is five years after the date of the enactment of this Act. (2) Continuation of on-going provision of allowance.-- Nothing in paragraph (1) shall be construed to prohibit the Secretary from providing housing allowances under the pilot program to individuals who commence participation in the pilot program before the date that is five years after the date of the enactment of this Act. (i) Rural or Highly Rural Community-Based Outpatient Clinic Defined.--In this section, the term ``rural or highly rural community- based outpatient clinic'' means a community-based outpatient clinic of the Veterans Health Administration that predominantly serves veterans who live in rural areas and highly rural areas. SEC. 5. DEFINITIONS. In this Act: (1) Highly rural area.--The term ``highly rural area'' means an area located in a county or similar community that has less than seven individuals residing in that county or community per square mile. (2) Rural area.--The term ``rural area'' means an area that is not an urbanized area or a highly rural area. (3) Urbanized area.--The term ``urbanized area'' has the meaning given that term by the Director of the Bureau of the Census.
Ensuring Veterans' Resiliency Act - Directs the Secretary of Veterans Affairs (VA) to carry out a three-year pilot program to repay the loans used to finance the education expenses related to psychiatric medicine of certain individuals who demonstrate a commitment to long-term careers as psychiatrists in the Veterans Health Administration (VHA). Requires those individuals to be: (1) licensed or eligible for licensure to practice psychiatric medicine in the VHA, or (2) enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education. Directs the Secretary to select at least 10 individuals each year to participate in the program. Requires program participants to agree to a period of obligated service with the VHA in the field of psychiatric medicine. Prohibits the Secretary from paying more than $60,000 on behalf of an individual for each year of obligated service the individual agrees to serve. Directs the Comptroller General (GAO) to conduct a study of pay disparities among VHA psychiatrists. Authorizes the Secretary to carry out a pilot program providing a monthly housing allowance to individuals who: (1) are health care providers, (2) are or agree to become VHA employees on a full-time basis in a health care position designated by the Secretary, and (3) accept an assignment in such position for at least 36 months at a rural or highly rural community-based outpatient clinic selected by the Secretary. Provides bonus housing allowances to participants who complete the 36 months of service and to those who complete additional one-year or two-year terms of service.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Fighter Aces Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) An American Fighter Ace is a fighter pilot who has served honorably in a United States military service and who has destroyed 5 or more confirmed enemy aircraft in aerial combat during a war or conflict in which American armed forces have participated. (2) Beginning with World War I, and the first use of airplanes in warfare, military services have maintained official records of individual aerial victory credits during every major conflict. Of more than 60,000 United States military fighter pilots that have taken to the air, less than 1,500 have become Fighter Aces. (3) Americans became Fighter Aces in the Spanish Civil War, Sino-Japanese War, Russian Civil War, Arab-Israeli War, and others. Additionally, American military groups' recruited United States military pilots to form the American Volunteer Group, Eagle Squadron, and others that produced American-born Fighter Aces fighting against axis powers prior to Pearl Harbor. (4) The concept of a Fighter Ace is that they fought for freedom and democracy across the globe, flying in the face of the enemy to defend freedom throughout the history of aerial combat. American-born citizens became Fighter Aces flying under the flag of United States allied countries and became some of the highest scoring Fighter Aces of their respective wars. (5) American Fighter Aces hail from every State in the Union, representing numerous ethnic, religious, and cultural backgrounds. (6) Fighter Aces possess unique skills that have made them successful in aerial combat. These include courage, judgment, keen marksmanship, concentration, drive, persistence, and split-second thinking that makes an Ace a war fighter with unique and valuable flight driven skills. (7) The Aces' training, bravery, skills, sacrifice, attention to duty, and innovative spirit illustrate the most celebrated traits of the United States military, including service to country and the protection of freedom and democracy. (8) American Fighter Aces have led distinguished careers in the military, education, private enterprise, and politics. Many have held the rank of General or Admiral and played leadership roles in multiple war efforts from WWI to Vietnam through many decades. In some cases they became the highest ranking officers for following wars. (9) The extraordinary heroism of the American Fighter Ace boosted American morale at home and encouraged many men and women to enlist to fight for America and democracy across the globe. (10) Fighter Aces were among America's most-prized military fighters during wars. When they rotated back to the United States after combat tours, they trained cadets in fighter pilot tactics that they had learned over enemy skies. The teaching of combat dogfighting to young aviators strengthened our fighter pilots to become more successful in the skies. The net effect of this was to shorten wars and save the lives of young Americans. (11) Following military service, many Fighter Aces became test pilots due to their superior flying skills and quick thinking abilities. (12) The American Fighter Aces are one of the most decorated military groups in American history. Twenty-two Fighter Aces have achieved the rank of Admiral in the Navy. Seventy-nine Fighter Aces have achieved the rank of General in the Army, Marines, and Air Force. Nineteen Medals of Honor have been awarded to individual Fighter Aces. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to the American Fighter Aces, collectively, in recognition of their heroic military service and defense of our country's freedom, which has spanned the history of aviation warfare. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Award of Medal.--Following the award of the gold medal in honor of the American Fighter Aces under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display or temporary loan to be displayed elsewhere, particularly at appropriate locations associated with the American Fighter Aces, and that preference should be given to locations affiliated with the Smithsonian Institution. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, at a price sufficient to cover the costs of the medal, including labor, materials, dies, use of machinery, and overhead expenses, and amounts received from the sale of such duplicates shall be deposited in the United States Mint Public Enterprise Fund. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. Passed the Senate March 26, 2014. Attest: Secretary. 113th CONGRESS 2d Session S. 1827 _______________________________________________________________________ AN ACT To award a Congressional Gold Medal to the American Fighter Aces, collectively, in recognition of their heroic military service and defense of our country's freedom throughout the history of aviation warfare.
. American Fighter Aces Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a congressional gold medal to the American Fighter Aces, collectively, in recognition of their heroic military service and defense of the nation's freedom. Requires the medal to be given to the Smithsonian Institution, where it shall be available for display or temporary loan to be displayed elsewhere, particularly at locations associated with the American Fighter Aces.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Autism Act of 2005''. SEC. 2. DEVELOPMENTAL DISABILITIES SURVEILLANCE AND RESEARCH PROGRAM. (a) Surveillance Program; Centers of Excellence; Clearinghouse.-- Section 102(e) of the Children's Health Act of 2000 (42 U.S.C. 247b-4b) is amended by striking ``There are authorized'' and all that follows and inserting the following: ``For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2006 and each subsequent fiscal year.''. (b) Additional Programs.--Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end thereof the following: ``PART R--PROGRAMS RELATING TO AUTISM ``SEC. 399AA. INFORMATION AND EDUCATION RELATING TO AUTISM. ``(a) In General.--The Secretary shall establish and implement a program to provide information and education on autism and its risk factors to health professionals and the general public, including information and education on advances in the diagnosis and treatment of autism and training and continuing education through programs for scientists, physicians, and other health professionals who provide care for patients with autism. The program shall place special emphasis on early identification of autism and those at risk for autism and prompt referral for appropriate services. ``(b) Stipends.--The Secretary may use amounts made available under this section to provide stipends for health professionals who are enrolled in training programs under this section. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2007 through 2011. ``SEC. 399BB. INTERAGENCY AUTISM COORDINATING COMMITTEE. ``(a) Establishment.--The Secretary shall establish a committee to be known as the `Autism Coordinating Committee' (in this section referred to as the `Committee') to coordinate all efforts within the Department of Health and Human Services concerning autism, including activities carried out through the National Institutes of Health and the Centers for Disease Control and Prevention under the amendments made by the National Autism Research Act. ``(b) Membership.-- ``(1) In general.--The Committee shall be composed of-- ``(A) the Director of the Centers for Disease Control and Prevention; ``(B) the Directors of such national research institutes of the National Institutes of Health as the Secretary determines appropriate; ``(C) the heads of such other agencies as the Secretary determines appropriate; and ``(D) the additional members appointed under paragraph (2) (if any). ``(2) Additional members.--If determined appropriate by the Secretary, the Secretary may appoint to the Committee-- ``(A) individuals with autism or other pervasive developmental disorders; ``(B) parents or legal guardians of individuals with autism or other pervasive developmental disorders; ``(C) representatives of leading autism research and service organizations; and ``(D) representatives of other governmental agencies that serve children with autism such as the Department of Education. ``(c) Administrative Support; Terms of Services; Other Provisions.--The following shall apply with respect to the Committee: ``(1) The Committee shall receive necessary and appropriate administrative support from the Secretary. ``(2) Members of the Committee appointed under subsection (b)(2)(A) shall serve for a term of 3 years, and may serve for an unlimited number of terms if reappointed. ``(3) The Committee shall meet not less than 2 times each year. ``SEC. 399CC. SCREENING, DIAGNOSIS, AND TREATMENT OF AUTISM; MEDICAL CARE FOR INDIVIDUALS WITH AUTISM. ``(a) Statewide Autism Screening, Diagnosis, and Intervention Programs and Systems.-- ``(1) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants or cooperative agreements to eligible entities to develop statewide autism screening, diagnosis, and intervention programs and systems for the purposes described in paragraph (2). ``(2) Purposes.--The purposes described in this paragraph are the following: ``(A) To develop and monitor the efficacy of statewide autism screening, diagnosis, and intervention programs and systems, ensuring that all children are screened for autism before their second birthday, and that children at risk for autism receive appropriate services as early as possible. Intervention includes referral to schools and agencies, including community, consumer, and parent-based agencies, and organizations and other programs mandated by part C of the Individuals with Disabilities Education Act, which offer programs specifically designed to meet the unique needs of children with autism. ``(B) To collect data on statewide autism screening, diagnosis, and intervention programs and systems that can be used for applied research, program evaluation, and policy development. ``(C) To provide comprehensive medical care for individuals with autism through evidence-based practices, with specific attention to medical conditions that may be associated with autism, and to disseminate information on the medical care of individuals with autism to health professionals and the general public. In carrying out the program under this paragraph, a grant shall be awarded to a national organization that will establish and support regional centers of clinical excellence to provide medical care to individuals with autism and promote research aimed at improving the treatment of such individuals, and that will build a shared national medical database to record the results of treatments and studies at the regional centers. ``(3) Parental consent.--Screenings and other services available under this section for a child may not be provided without the consent of a parent or legal guardian of the child. ``(4) Set aside of funds.--From amounts appropriated under subsection (e), the Secretary shall set-aside not less than $4,000,000 for each of fiscal years 2007 through 2011 to carry out activities described in paragraph (2)(C). ``(b) Technical Assistance, Data Management, and Applied Research.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants or cooperative agreements to provide technical assistance to State agencies to conduct applied research related to autism screening, diagnosis, and intervention programs and systems. In carrying out this section the Secretary shall develop standardized procedures for data management and program effectiveness and costs, including procedures-- ``(1) to ensure quality monitoring of autism screening, diagnosis, and intervention programs and systems; ``(2) to provide technical assistance on data collection and management; ``(3) to study the costs and effectiveness of autism screening, diagnosis, and intervention programs and systems conducted by State-based programs in order to address issues of importance to State and national policymakers; ``(4) to identify the causes and risk factors for autism; ``(5) to study the effectiveness of autism screening, diagnosis, and intervention programs and systems by assessing the intellectual and social development, cognitive status, and language skills of children with autism at school age; and ``(6) to promote the sharing of data regarding autism with State-based birth defects and developmental disabilities monitoring programs and environmental discharge monitoring programs of the Environmental Protection Agency for the purpose of identifying previously unknown causes of and risk factors for autism. ``(c) Coordination and Collaboration.-- ``(1) In general.--In carrying out programs under this section, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall collaborate and consult with-- ``(A) other Federal, State and local agencies, including those responsible for early intervention services pursuant to title XIX of the Social Security Act (particularly the Medicaid Early and Periodic Screening, Diagnosis and Treatment Program), title XXI of the Social Security Act (State Children's Health Insurance Program), title V of the Social Security Act (Maternal and Child Health Block Grant Program), and part C of the Individuals with Disabilities Education Act; ``(B) consumer groups of, and that serve, individuals with autism and their families; ``(C) appropriate national medical and other health and education specialty organizations; ``(D) individuals with autism and their families; ``(E) other qualified personnel who possess the specialized knowledge, skills, and attributes needed to serve autistic children and their families; and ``(F) related commercial industries. ``(2) Policy development.--The Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall coordinate and collaborate on recommendations for policy development at the Federal and State levels and with the private sector, including consumer, medical, and other health and education professional- based organizations, with respect to autism screening, diagnosis, and intervention programs and systems. ``(3) State early detection, diagnosis, and intervention programs and systems.--The Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention shall coordinate and collaborate in assisting States to establish autism screening, diagnosis, and intervention programs and systems under subsection (a) and to develop a data collection system under subsection (b). ``(d) Authorization of Appropriations.--There are authorized to be appropriated-- ``(1) to carry out subsection (a), $75,000,000 for each of fiscal years 2007 through 2011; and ``(2) to carry out subsection (b), $25,000,000 for each of fiscal years 2007 through 2011. ``SEC. 399DD. ANNUAL REPORT ON AUTISM. ``(a) In General.--Not later than January 1, 2006, and each January 1 thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress, a report concerning the implementation of this part. ``(b) Contents.--The report, utilizing uniform reporting methods and procedures, shall-- ``(1) provide the dollar amount that each institute of the National Institutes of Health expended on autism research in the year for which the report was prepared; and ``(2) detail the progress and success of the National Institutes of Health in implementing and funding the recommendations contained in the Autism Research Roadmap and Matrix of the Interagency Autism Coordinating Committee.''.
Combating Autism Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish: (1) a program to provide information and education on autism and its risk factors to health professionals and the general public; and (2) the Autism Coordinating Committee to coordinate autism related activities within the Department of Health and Human Services (HHS). Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to award grants or cooperative agreements to develop statewide autism screening, diagnosis, and intervention programs and systems. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants or cooperative agreements to provide technical assistance to state agencies to conduct applied autism research.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``South Utah Valley Electric Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the South Utah Valley Electric Service District, organized under the laws of the State of Utah. (2) Electric distribution system.--The term ``Electric Distribution System'' means fixtures, irrigation, or power facilities lands, distribution fixture lands, and shared power poles. (3) Fixtures.--The term ``fixtures'' means all power poles, cross-members, wires, insulators and associated fixtures, including substations, that-- (A) comprise those portions of the Strawberry Valley Project power distribution system that are rated at a voltage of 12.5 kilovolts and were constructed with Strawberry Valley Project revenues; and (B) any such fixtures that are located on Federal lands and interests in lands. (4) Irrigation or power facilities lands.--The term ``irrigation or power facilities lands'' means all Federal lands and interests in lands where the fixtures are located on the date of the enactment of this Act and which are encumbered by other Strawberry Valley Project irrigation or power features, including lands underlying the Strawberry Substation. (5) Distribution fixture lands.--The term ``distribution fixture lands'' means all Federal lands and interests in lands where the fixtures are located on the date of the enactment of this Act and which are unencumbered by other Strawberry Valley Project features, to a maximum corridor width of 30 feet on each side of the centerline of the fixtures' power lines as those lines exist on the date of the enactment of this Act. (6) Shared power poles.--The term ``shared power poles'' means poles that comprise those portions of the Strawberry Valley Project Power Transmission System, that are rated at a voltage of 46.0-kilovolts, are owned by the United States, and support fixtures. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF ELECTRIC DISTRIBUTION SYSTEM. (a) In General.--Inasmuch as the Strawberry Water Users Association conveyed its interest, if any, in the Electric Distribution System to the District by a contract dated April 7, 1986, and in consideration of the District assuming from the United States all liability for administration, operation, maintenance, and replacement of the Electric Distribution System, the Secretary shall, pursuant to the provisions of this Act convey and assign to the District without charge or further consideration-- (1) all of the United States right, title, and interest in and to-- (A) all fixtures owned by the United States as part of the Electric Distribution System; and (B) the distribution fixture land; (2) license for use in perpetuity of the shared power poles to continue to own, operate, maintain, and replace Electric Distribution Fixtures attached to the shared power poles; and (3) licenses for use and for access in perpetuity for purposes of operation, maintenance, and replacement across, over, and along-- (A) all project lands and interests in irrigation and power facilities lands where the Electric Distribution System is located on the date of the enactment of this Act that are necessary for other Strawberry Valley Project facilities (the ownership of such underlying lands or interests in lands shall remain with the United States), including lands underlying the Strawberry Substation; and (B) such corridors where Federal lands and interests in lands-- (i) are abutting public streets and roads; and (ii) can provide access that will facilitate operation, maintenance, and replacement of facilities. (b) Compliance With Environmental Laws.-- (1) In general.--Before conveying lands, interest in lands, and fixtures under subsection (a), the Secretary shall comply with all applicable requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other law applicable to the land and facilities. (2) Effect.--Nothing in this Act modifies or alters any obligations under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 4. EFFECT OF CONVEYANCE. On conveyance of any land or facility under section 3(a)(1)-- (1) the conveyed and assigned land and facilities shall no longer be part of a Federal reclamation project; (2) the District shall not be entitled to receive any future Bureau or Reclamation benefits with respect to the conveyed and assigned land and facilities, except for benefits that would be available to other non-Bureau of Reclamation facilities; and (3) the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the land and facilities, but shall continue to be liable for damages caused by acts of negligence committed by the United States or by any employee or agent of the United States before the date of conveyance, consistent with chapter 171 of title 28, United States Code. SEC. 5. REPORT. If a conveyance required under section 3 is not completed by the date that is 24 months after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) describes the status of the conveyance; (2) describes any obstacles to completing the conveyance; and (3) specifies an anticipated date for completion of the conveyance.
South Utah Valley Electric Conveyance Act - Requires the Secretary of the Interior, insofar as the Strawberry Water Users Association conveyed its interest in an electric distribution system to the South Utah Valley Electric Service District, to convey and assign to the District: (1) all interest of the United States in all fixtures owned by the United States as part of the electric distribution system and the federal lands and interests where the fixtures are located; (2) license for use in perpetuity of the shared power poles; and (3) licenses for use and access in perpetuity to specified project lands and interests and corridors where federal lands and interests are abutting public streets and roads and can provide access to facilities. Requires the District to assume all liability from the United States for the administration, operation, maintenance, and replacement of such electric distribution system.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Arbitration Fairness Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Federal Arbitration Act (now enacted as chapter 1 of title 9 of the United States Code) was intended to apply to disputes between commercial entities of generally similar sophistication and bargaining power. (2) A series of decisions by the Supreme Court of the United States have changed the meaning of the Act so that it now extends to consumer disputes and employment disputes. (3) Most consumers and employees have little or no meaningful choice whether to submit their claims to arbitration. Often, consumers and employees are not even aware that they have given up their rights. (4) Mandatory arbitration undermines the development of public law because there is inadequate transparency and inadequate judicial review of arbitrators' decisions. (5) Arbitration can be an acceptable alternative when consent to the arbitration is truly voluntary, and occurs after the dispute arises. SEC. 3. ARBITRATION OF EMPLOYMENT, CONSUMER, AND CIVIL RIGHTS DISPUTES. (a) In General.--Title 9 of the United States Code is amended by adding at the end the following: ``CHAPTER 4--ARBITRATION OF EMPLOYMENT, CONSUMER, AND CIVIL RIGHTS DISPUTES ``Sec. ``401. Definitions. ``402. Validity and enforceability. ``Sec. 401. Definitions ``In this chapter-- ``(1) the term `civil rights dispute' means a dispute-- ``(A) arising under-- ``(i) the Constitution of the United States or the constitution of a State; or ``(ii) a Federal or State statute that prohibits discrimination on the basis of race, sex, disability, religion, national origin, or any invidious basis in education, employment, credit, housing, public accommodations and facilities, voting, or program funded or conducted by the Federal Government or State government, including any statute enforced by the Civil Rights Division of the Department of Justice and any statute enumerated in section 62(e) of the Internal Revenue Code of 1986 (relating to unlawful discrimination); and ``(B) in which at least 1 party alleging a violation of the Constitution of the United States, a State constitution, or a statute prohibiting discrimination is an individual; ``(2) the term `consumer dispute' means a dispute between an individual who seeks or acquires real or personal property, services (including services relating to securities and other investments), money, or credit for personal, family, or household purposes and the seller or provider of such property, services, money, or credit; ``(3) the term `employment dispute' means a dispute between an employer and employee arising out of the relationship of employer and employee as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); and ``(4) the term `predispute arbitration agreement' means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement. ``Sec. 402. Validity and enforceability ``(a) In General.--Notwithstanding any other provision of this title, no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment dispute, consumer dispute, or civil rights dispute. ``(b) Applicability.-- ``(1) In general.--An issue as to whether this chapter applies to an arbitration agreement shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. ``(2) Collective bargaining agreements.--Nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall have the effect of waiving the right of an employee to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, a State constitution, or a Federal or State statute, or public policy arising therefrom.''. (b) Technical and Conforming Amendments.-- (1) In general.--Title 9 of the United States Code is amended-- (A) in section 1, by striking ``of seamen,'' and all that follows through ``interstate commerce''; (B) in section 2, by inserting ``or as otherwise provided in chapter 4'' before the period at the end; (C) in section 208-- (i) in the section heading, by striking ``Chapter 1; residual application'' and inserting ``Application''; and (ii) by adding at the end the following: ``This chapter applies to the extent that this chapter is not in conflict with chapter 4.''; and (D) in section 307-- (i) in the section heading, by striking ``Chapter 1; residual application'' and inserting ``Application''; and (ii) by adding at the end the following: ``This chapter applies to the extent that this chapter is not in conflict with chapter 4.''. (2) Table of sections.-- (A) Chapter 2.--The table of sections for chapter 2 of title 9, United States Code, is amended by striking the item relating to section 208 and inserting the following: ``208. Application.''. (B) Chapter 3.--The table of sections for chapter 3 of title 9, United States Code, is amended by striking the item relating to section 307 and inserting the following: ``307. Application.''. (3) Table of chapters.--The table of chapters for title 9, United States Code, is amended by adding at the end the following: ``4. Arbitration of employment, consumer, and civil rights 401''. disputes. SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises on or after such date.
Arbitration Fairness Act of 2011 - Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment, consumer, or civil rights dispute. Declares, further, that the validity and enforceability of an agreement to arbitrate shall be determined by a court, under federal law, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. Exempts from this Act arbitration provisions in a contract between an employer and a labor organization or between labor organizations. Denies to any such arbitration provision, however, the effect of waiving the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Property Low Hanging Fruit Act''. SEC. 2. PUBLIC-PRIVATE AGREEMENT PILOT PROGRAM. (a) Plan for Entering Into Public-Private Agreements.-- (1) In general.--The head of a covered agency shall develop and carry out a plan to enter into one or more agreements with an eligible entity, for the purposes described in paragraph (2). (2) Purposes.--The purposes of any agreement entered into under paragraph (1) shall be-- (A) to lease Federal real properties that are underutilized or excess, under the terms of subsection (c); and (B) to develop, rehabilitate, or renovate facilities on such leased properties for the benefit of the covered agency, including monetary benefits such as lease revenues and non-monetary benefits such as avoided operations and maintenance costs. (3) Number of properties.--The head of each covered agency shall identify at least 5, and not more than 10, Federal real properties to be offered for lease under agreements entered into under paragraph (1). (b) Agreement Terms.-- (1) In general.--Each agreement entered into pursuant to this section-- (A) shall have as its primary purpose the enhancement of the functional and economic efficiency of Federal real property; (B) shall be negotiated pursuant to such procedures as the head of the covered agency concerned considers necessary to promote competition and protect the interests of the Federal Government; (C) shall provide a fair market value lease option to the United States to occupy space in the facilities acquired, constructed, or rehabilitated under the agreement, but shall not guarantee occupancy by the United States; (D) shall describe the consideration, duties, and responsibilities for which the United States and the eligible entity are responsible and may provide for the alteration, repair, or improvement of the real property as part or all of the consideration of the eligible entity, notwithstanding any provision of law, including section 1302 of title 40, United States Code; (E) shall provide-- (i) that the United States shall not be liable for any actions, debts, or liability of the eligible entity; and (ii) that no person is authorized by the agreement to execute any instrument or document creating or evidencing any indebtedness unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and (F) shall include terms for authorizing the Government to terminate the agreement for default or to protect the interests of the Government. (2) Ability to pledge as collateral.--Subparagraph (E) shall not impair the ability of the eligible entity to pledge as collateral its leasehold interest under a lease with the United States entered into pursuant to the terms of subsection (c). (c) Lease of Real Property.-- (1) Authority.--Notwithstanding any other provision of law, including sections 582 and 583 of title 40, United States Code, the head of a covered agency may lease real property under an agreement under subsection (a) to the eligible entity that is party to the agreement. (2) Period of lease.--A lease under this subsection may be for such period as the head of the covered agency determines appropriate. (3) Relationship to homeless assistance act.--Real property leased under this subsection shall not be considered unutilized, underutilized, excess, or surplus for purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411) and may be leased under this subsection without regard to any other provision of law. (d) Services.--Notwithstanding any other provision of law, the head of a covered agency, or his or her designee, may provide services under an agreement under subsection (a) to the eligible entity that is party to the agreement on such terms as the head considers appropriate. (e) Use of Revenues.--Notwithstanding any other provision of law, the head of a covered agency may retain and use any revenues derived from agreements entered into under this section for Federal property management activities of the covered agency, including acquisition, operations and maintenance, repairs or alterations, other real property management needs, or construction needs. (f) Plan.-- (1) Matters covered.--The plan of a covered agency required under subsection (a) shall-- (A) identify the Federal real properties that the head of the covered agency proposes to make available under the agreement or agreements to be entered into with one or more eligible entities; and (B) include performance measures by which the proposed project or projects will be measured. (2) Consultation with council.--In developing the plan required under subsection (a), the head of a covered agency shall consult with the Federal Real Property Council. (g) Submissions to Congress of Plan and Agreements.-- (1) Submission of plan within 12 months.--The head of a covered agency shall submit to Congress the plan required by subsection (a) not later than 12 months after the date of the enactment of this Act. (2) Submission of each proposed agreement to congress.--The head of a covered agency shall submit to Congress the final draft of each agreement proposed to be entered into by the agency and may not enter into the agreement until at least 30 days has expired after the date of submission to Congress. The submission to Congress under this paragraph shall also include-- (A) an explanation of the agreement; (B) the name, resources, and qualifications of the eligible entity or persons that are party to the agreement. (C) the name of any other eligible entity that submitted a proposal for the property that is the subject of the agreement; (D) the factors in support of the proposed project or projects covered by the agreement; and (E) the projected economic performance, including expenditures and receipts, arising from the agreement. (3) Submission of all agreements within 3 years.--The head of a covered agency shall submit to Congress all agreements to be entered into under the plan not later than 3 years after the date of the enactment of this Act. (4) Modification or termination of agreement.--In the case of a proposed modification or termination of an agreement, the head of the covered agency concerned shall submit the proposed modification or termination to Congress and may not implement the modification or termination until at least 30 days has expired after the date of submission to Congress. (h) Projected Economic Performance.--The head of a covered agency shall describe, in the budget submitted by the President pursuant to section 1105 of title 31, United States Code, for a fiscal year, the projected economic performance, including expenditures and receipts, arising from each agreement entered into pursuant this section and in effect during such fiscal year. (i) Definitions.--In this section: (1) Covered agency.--The term ``covered agency'' means each of the following: (A) The Department of Agriculture. (B) The Department of Energy. (C) The General Services Administration. (2) Head of a covered agency.--The term ``head of a covered agency'' means each of the following: (A) The Secretary of Agriculture. (B) The Secretary of Energy. (C) The Administrator of General Services. (3) Federal real property.--The term ``Federal real property'' means property, as that term is defined in section 102(9) of title 40, United States Code. (4) Excess.--The term ``excess'', with respect to Federal real property, means excess property as defined in section 102(3) of title 40, United States Code. (5) Eligible entity.--The term ``eligible entity'' means a limited liability company, limited partnership, corporation, business trust, nonprofit entity, or such other form of entity as the head of a covered agency may designate. (j) Reports by Government Accountability Office.--The Comptroller General of the United States shall submit to Congress two reports on the effectiveness of the public-private agreement pilot program under this section. The first report shall be submitted not later than 5 years after the date of the enactment of this section, and the second report shall be submitted not later than 10 years after such date of enactment. Each report shall include specific recommendations on how best to use public-private agreements in all Federal agencies to improve Federal real property management.
Federal Property Low Hanging Fruit Act This bill authorizes the Department of Agriculture, the Department of Energy, and the General Services Administration (covered agencies) to develop and carry out a plan to enter into agreements with eligible entities (defined to include a limited liability company, limited partnership, corporation, business trust, or nonprofit entity) to: (1) lease underutilized or excess federal real properties; and (2) develop, rehabilitate, or renovate facilities on such leased properties for the benefit of such agencies. Each covered agency shall identify between 5 and 10 federal real properties to be offered for lease under such agreements. Each agreement shall: (1) have as its primary purpose the enhancement of the functional and economic efficiency of federal real property; and (2) provide a fair market value lease option to the United States to occupy space in the facilities acquired, constructed, or rehabilitated under the agreement but shall not guarantee occupancy by the United States. A covered agency may: (1) provide services to the eligible entity that is party to the agreement, and (2) retain and use any revenues derived from such agreements for federal property management activities. The plan of a covered agency shall: (1) identify the federal real properties that the agency proposes to make available under such agreements, and (2) include project performance measures. A covered agency must submit to Congress: (1) all agreements to be entered into under the agency's plan within 3 years after enactment of this bill; and (2) the final draft of each agreement at least 30 days before entering into it. The Government Accountability Office shall submit to Congress reports on the effectiveness of the public-private agreement pilot program under this bill.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Film Small Business Job Creation Act of 2004''. SEC. 2. DEDUCTION FOR INDEPENDENT FILM PRODUCTION INVESTMENTS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deduction for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 199. INDEPENDENT FILM PRODUCTION INVESTMENTS. ``(a) Allowance of Deduction.-- ``(1) In general.--In the case of a taxpayer who holds a qualified investment during any portion of the taxable year, there shall be allowed as a deduction for the taxable year an amount equal to the applicable percentage of the qualified expenditures relating to such investments. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage shall be determined on the basis of the amount which bears the same ratio to the qualified expenditures made during the portion of the taxable year referred to in paragraph (1) as the amount of the taxpayer's qualified investment in the eligible independent film production entity bears to the aggregate qualified investment in such entity. ``(b) Qualified Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified expenditures' means amounts paid or incurred by an eligible independent film production entity for preproduction, production, and post- production of a qualified motion picture film. ``(2) Post production.--The term `post-production' means, with respect to any motion picture film, distribution and promotion of such film. ``(3) Denial of double benefit.--Except as provided by subsection (a), qualified expenditures shall be disregarded in determining-- ``(A) the adjusted basis of any property held at the entity level, and ``(B) any deduction allowed at the entity level or at the partner or similar level. ``(c) Qualified Investment.--For purposes of this section-- ``(1) In general.--The term `qualified investment' means any equity investment in an eligible independent film production entity if-- ``(A) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, ``(B) substantially all of such cash is used by the eligible independent film production entity for qualified expenditures, and ``(C) such investment is designated to be used for preproduction, production, and post-production of a qualified motion picture film by the eligible independent film production entity. ``(2) Treatment of subsequent purchasers.--The term `qualified investment' shall include any equity investment which would (but for paragraph (1)(A)) be a qualified investment in the hands of the taxpayer if such investment was a qualified investment in the hands of a prior holder. ``(3) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. ``(4) Equity investment.--The term `equity investment' means-- ``(A) any stock (other than nonqualified preferred stock as defined in section 351(g)(2)) in an entity which is a corporation, and ``(B) any capital interest in an entity which is a partnership. ``(d) Eligible Independent Film Production Entity.-- ``(1) In general.--The term `eligible independent film production entity' means any domestic corporation or partnership (and any person related to such corporation or partnership)-- ``(A) which is organized and operated for the primary purpose of producing a qualified motion picture film outside the formal studio structure, and ``(B) which takes such film into preproduction, production, and post production through financial funding of its own money or assets, private investors, financial institutions, guarantees, presale advances, or distribution contracts. ``(2) Related person.--For purposes of paragraph (1), a person is a related person to another person if-- ``(A) the relationship between such persons would result in a disallowance of losses under section 267 or 707(b), or ``(B) such persons are members of the same controlled group of corporations (as defined in section 1563(a), except that `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears therein). ``(3) Release of film not taken into account.--For purposes of paragraph (1), whether a motion picture film is released theatrically, directly to video cassette, DVD, or any other format, television or cable programming movie-of-the-week, miniseries, or pilot production shall not be taken into account. ``(e) Qualified Motion Picture Film.--For purposes of this section-- ``(1) In general.--The term `qualified motion picture film' means a motion picture film-- ``(A) the budget of which is greater than $2,000,000 and less than $20,000,000, and ``(B) not less than 95 percent of the wages or self-employment income paid or incurred for producing such film (including the preproduction, production, and post-production stages) is for services provided within the United States or any of its possessions. ``(2) Exception.--The term `qualified motion picture film' shall not include any motion picture film which contains actual sexually explicit conduct (as defined by section 2257(h)(1) of title 18, United States Code. ``(3) Budget.--The budget for a motion picture film-- ``(A) shall not exceed the face amount of the aggregate completion bonds issued with respect to the motion picture film, and ``(B) shall include the preproduction, production, and post-production stages of producing such film. ``(4) Wages; self-employment income.-- ``(A) Wages.--The term `wages' has the meaning given to such term by section 3121. ``(B) Self-employment income.--The term `self- employment income' has the meaning given to such term by section 1402. ``(5) Inflation adjustment.--In the case of a taxable year after 2005, the dollar amounts contained in paragraph (1)(A) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. Any increase under this subparagraph which is not a multiple of $1,000 shall be rounded to the next lowest multiple of $1,000. ``(f) Recapture In Certain Cases.-- ``(1) In general.--If, at any time during the 5-year period beginning on the date of the original issue of a qualified investment in a eligible independent film production entity, there is a recapture event with respect to such investment, then the tax imposed by this chapter for the taxable year in which such event occurs shall be increased by the credit recapture amount. ``(2) Recapture amount.--For purposes of paragraph (1), the recapture amount is an amount equal to the sum of-- ``(A) the aggregate decrease in the deductions allowed to the taxpayer under this chapter for all prior taxable years which would have resulted if no deduction had been determined under this section with respect to such investment, plus ``(B) interest at the underpayment rate established under section 6621 on the amount determined under subparagraph (A) for each prior taxable year for the period beginning on the due date for filing the return for the prior taxable year involved. No deduction shall be allowed under this chapter for interest described in subparagraph (B). ``(3) Recapture event.--For purposes of paragraph (1), there is a recapture event with respect to an equity investment in a eligible independent film production entity if-- ``(A) such entity ceases to be a eligible independent film production entity, ``(B) the proceeds of the investment cease to be used as required of subsection (c)(1)(B), or ``(C) such investment is redeemed by such entity. ``(4) Special rule.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of section 55. ``(g) Basis Reduction.--The basis of any qualified investment shall be reduced by the amount of any deduction determined under this section with respect to such investment. This subsection shall not apply for purposes of sections 1202, 1400B, and 1400F. ``(h) Election to have credit not apply.--A taxpayer may elect to have this section not apply for any taxable year. ``(i) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which prevent the abuse of the purposes of this section, and ``(2) which impose appropriate reporting requirements.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``; and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 199(g).''. (c) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 199. Independent film production investments.''. (d) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2004.
Independent Film Small Business Job Creation Act of 2004 - Amends the Internal Revenue Code to allow a tax deduction for expenditures relating to the production, promotion and distribution of U.S. independent motion picture films with budgets between $2 and $20 million (adjusted for inflation). Requires that not less than 95 percent of the wages or self-employment income paid for producing such films be for services provided within the United States or its possessions. Requires the recapture as income of amounts deducted if a production company ceases to qualify as an independent film production company.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Environmental and Economic Security Act''. SEC. 2. GAS WASTE REDUCTION AND ENHANCEMENT OF GAS MEASURING AND REPORTING. (a) In General.--Title I of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1711 et seq.) is amended by adding at the end the following: ``SEC. 118. GAS WASTE REDUCTION AND ENHANCEMENT OF GAS MEASURING AND REPORTING. ``(a) Rules for Preventing and Reducing Waste of Gas Via Venting, Flaring, and Fugitive Releases.-- ``(1) Requirement to issue rules.--The Secretary shall issue rules that establish requirements for reducing and preventing the waste of gas, including by venting, flaring, and fugitive releases, from covered operations. ``(2) Content of rules.--The rules shall-- ``(A) require that 99 percent of all gas produced that is subject to a mineral leasing law be captured annually within 5 years of enactment of the Natural Gas Environmental and Economic Security Act; ``(B) require flaring of gas, rather than venting, in all instances in which gas capture is not viable; ``(C) require that every application for a permit to drill a production well-- ``(i) demonstrate sufficient infrastructure is in place to capture produced gas; and ``(ii) be subject to public comments for a period of 30 days; ``(D) prohibit all new wells from flaring, within 2 years after the date of the enactment of the Natural Gas Environmental and Economic Security Act; ``(E) require the operator of any covered operation that routinely flares gas before the effective date of the prohibition under subparagraph (D) to submit a gas capture plan to the Secretary no later than 6 months after such effective date that ensures the requirement in subparagraph (A) will be met; ``(F) require the operator of any covered operation that routinely flares gas before the effective date of the prohibition under subparagraph (D) to demonstrate a yearly decrease in the amount of gas flared, as a fraction of gas produced, to meet the requirement under subparagraph (A); ``(G) set performance standards based on modern equipment, to be updated every 5 years, that minimize gas loss from-- ``(i) storage tanks; ``(ii) dehydrators; ``(iii) compressors; ``(iv) open-ended valves or lines; ``(v) pumps; and ``(vi) other equipment for which the Secretary considers such standards are necessary; ``(H) require the replacement of all high-bleed gas-actuated pneumatic devices with low-bleed or no- bleed devices; ``(I) set performance standards based on modern procedures and equipment, to be updated every 5 years, that minimize gas loss from-- ``(i) downhole maintenance; ``(ii) liquids unloading; ``(iii) well completion; and ``(iv) other procedures for which the Secretary considers such standards are necessary; ``(J) require all operators to have regularly scheduled leak detection programs that assess the entire covered operation using an infrared camera or other equipment with equivalent sensitivity and the ability to survey similarly large areas; ``(K) require any leaks found during leak detection programs required under subparagraph (J), or otherwise, to be repaired within 2 weeks; and ``(L) require recordkeeping for-- ``(i) equipment maintenance; ``(ii) leak detection and repair; ``(iii) venting events; ``(iv) flaring events; and ``(v) other operations for which the Secretary considers such requirements are necessary. ``(b) Gas Measuring, Reporting, and Transparency Requirements.-- ``(1) In general.--The Secretary shall, in accordance with this subsection, establish new requirements for measuring and reporting the production and disposition of all gas subject to the mineral leasing laws to allow for more accurate accounting of all such gas that is consumed or lost by venting and flaring, and of fugitive releases of such gas. ``(2) Measuring and reporting requirements.--To account for all gas referred to in paragraph (1), the Secretary shall issue rules requiring oil or gas operators to-- ``(A) measure all production and disposition of gas with such accuracy that fugitive gas releases can be calculated; ``(B) install metering devices to measure all vented and flared gas; and ``(C) report to the Secretary the volumes of gas measured under the requirements under subparagraph (A), including-- ``(i) all new measured values for production and disposition, including vented and flared volumes; and ``(ii) fugitive releases based on guidelines for their calculation established by the Secretary in the rule. ``(3) Transparency.--The Secretary shall make all new data produced under the requirements established by the Secretary under this subsection, including calculated fugitive releases and volumes of gas lost to venting and flaring, publicly available through the Internet-- ``(A) without a fee or other access charge; ``(B) in a searchable, sortable, and downloadable manner, to the extent technically possible; and ``(C) as soon as technically practicable after the report by the operator is filed. ``(c) Application.--Except as otherwise specified in this section, the requirements established by the Secretary under this section shall apply to-- ``(1) the construction and operation of any covered operation initiated after the date of the issuance of rules under this section; and ``(2) after the end of the 1-year period beginning on the date of the issuance of such rules, any covered operation initiated before the date of the issuance of such rules. ``(d) Enforcement Mechanisms.-- ``(1) In general.--The Secretary shall include in the rules issued under this section consistent enforcement mechanisms for covered operations that are not in compliance with the requirements established by the rules. ``(2) Requirements.--The enforcement mechanisms under paragraph (1) shall include-- ``(A) civil penalties for unauthorized venting and flaring, which shall-- ``(i) apply in lieu of the penalties under section 109; and ``(ii) include production restrictions and civil monetary penalties equivalent to 3 times the market value of the vented or flared gas; and ``(B) civil penalties that apply to noncompliance with other new or existing procedures, which shall-- ``(i) apply in addition to or in lieu of the penalties under section 109; ``(ii) include production restrictions or monetary penalties, or both; and ``(iii) in the case of monetary penalties, be proportional to market conditions. ``(e) Definitions.--In this section: ``(1) Covered operations.--The term `covered operations' means all oil and gas operations that are subject to mineral leasing law or title V of the Federal Land Policy and Management Act of 1976 (30 U.S.C. 1761 et seq.), regardless of size, including production, storage, gathering, processing, and handling operations. ``(2) Flare and flaring.--The term `flaring' means the intentional and controlled burning of gas that occurs in the course of oil and gas operations to limit release of gas to the atmosphere. ``(3) Fugitive release.--The term `fugitive release' means the unintentional and uncontrolled release of gas into the atmosphere in the course of oil and gas operations. ``(4) Gas capture plan.--The term `gas capture plan' means a plan that includes specific goals, including equipment and timelines, for capturing, gathering, and processing gas produced under an oil or gas lease. ``(5) Gas release.--The term `gas release' includes all gas that is discharged to the atmosphere via venting or fugitive release. ``(6) Vent and venting.--The term `venting' means the intentional and controlled release of gas into the atmosphere in the course of oil and gas operations.''. (b) Clerical Amendment.--The table of contents in section 1 of that Act is amended by adding at the end of the items relating to title I the following: ``Sec. 118. Gas waste reduction and enhancement of gas measuring and reporting.''. (c) Deadline.--The Secretary of the Interior shall issue rules required by the amendments made by this section by not later than 1 year after the date of the enactment of this Act. (d) Assessment of Venting, Flaring, and Fugitive Releases.--Not later than 6 months after the end of the 1-year period beginning on the date the Secretary of the Interior first receives data submitted under the requirements established under subsection (b) of section 118 of the Federal Oil and Gas Royalty Management Act of 1982, as amended by this section, the Secretary shall-- (1) submit a report to Congress describing-- (A) the volume of fugitive releases, and gas consumed or lost by venting and flaring, from covered operations (as those terms are used in such section); (B) additional rules the Secretary considers necessary to further curtail venting, flaring, and fugitive releases, or the rational basis for not issuing new rules if the Secretary considers new rules are not necessary; and (C) recommendations for new statutory authority necessary to limit venting, flaring, or fugitive releases; and (2) issue rules described in the report under paragraph (1)(B) within 1 year after the date of the submission of the report. SEC. 3. ROYALTY COLLECTION FOR ALL GAS PRODUCED ON FEDERAL LANDS. (a) Assessment on All Production.-- (1) In general.--Except as provided in paragraph (2), royalties otherwise authorized or required under the mineral leasing laws (as that term is defined in the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.)) to be paid for gas shall be assessed on all gas produced under the mineral leasing laws, including-- (A) gas used or consumed within the area of the lease tract for the benefit of the lease (commonly referred to as ``beneficial use gas''); and (B) all gas that is consumed or lost by venting, flaring, or fugitive releases through any equipment during upstream operations. (2) Exception.--Paragraph (1) shall not apply with respect to-- (A) gas vented or flared in an acute emergency situation that poses danger to human health that occurs for no longer than 48 hours; and (B) gas injected into the ground on a lease tract in order to enhance production of an oil or gas well or for some other purpose. (b) Conforming Amendments.-- (1) Mineral leasing act.--The Mineral Leasing Act is amended-- (A) in section 14 (30 U.S.C. 223), by adding at the end the following: ``Notwithstanding any other provision of this Act (including this section), royalty shall be assessed with respect to oil and gas, other than gas described in section 3(a)(2) of the Natural Gas Environmental and Economic Security Act, without regard to whether oil or gas is removed or sold from the leased land.''; (B) in section 17 (30 U.S.C. 226), by striking ``removed or sold'' each place it appears; (C) in section 18 (30 U.S.C. 226), by striking ``except oil or gas used for production purposes on the claim, or unavoidably lost'' each place it appears; (D) in section 19 (30 U.S.C. 226), by striking ``except oil or gas used for production purposes on the claim, or unavoidably lost'' each place it appears; (E) in section 22 (30 U.S.C. 251), by striking ``sold or removed''; and (F) in section 31 (30 U.S.C. 188), by striking ``removed or sold'' each place it appears. (2) Outer continental shelf lands act.--The Outer Continental Shelf Lands Act is amended-- (A) in section 6(a)(8) (43 U.S.C. 1335(a)(8)), by striking ``saved, removed, or sold'' each place it appears; and (B) in section 8(a) (43 U.S.C. 1337(a))-- (i) in paragraph (1), by striking ``saved, removed, or sold'' each place it appears; and (ii) by adding at the end the following: ``(9) Notwithstanding any other provision of this Act (including this section), royalty under this Act shall be assessed with respect to oil and gas, other than gas described in section 3(a)(2) of the Natural Gas Environmental and Economic Security Act, without regard to whether oil or gas is removed or sold from the leased land.''. (c) Application.--The amendments made by this section shall apply only with respect to leases issued on or after the date of the enactment of this Act.
Natural Gas Environmental and Economic Security Act This bill amends the Federal Oil and Gas Royalty Management Act of 1982 to direct the Department of the Interior to establish specified requirements for: reducing and preventing the waste of natural gas, including by venting, flaring, and fugitive releases, from all oil and gas operations subject to mineral leasing law or the Federal Land Policy and Management Act of 1976; and measuring and reporting the production and disposition of all gas subject to the mineral leasing laws to allow for more accurate accounting of gas consumed or lost by venting and flaring, and of fugitive releases of such gas. All such requirements shall include consistent enforcement mechanisms for any operations not in compliance with them. Royalties otherwise authorized or required to be paid for natural gas shall be assessed on all gas produced under the mineral leasing laws, including: gas used or consumed within the area of a tract for the benefit of the lease (commonly referred to as "beneficial use gas"); and all gas consumed or lost by venting, flaring, or fugitive releases through any equipment during upstream operations. Exempted from assessment of these royalties is any natural gas: vented or flared in an acute emergency situation posing danger to human health that occurs for no more than 48 hours, or injected into the ground on a lease tract.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Provo River Project Transfer Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the contract numbered 04-WC-40-8950 and entitled ``Agreement Among the United States, the Provo River Water Users Association, and the Metropolitan Water District of Salt Lake & Sandy to Transfer Title to Certain Lands and Facilities of the Provo River Project'' and shall include maps of the land and features to be conveyed under the Agreement. (2) Association.--The term ``Association'' means the Provo River Water Users Association, a nonprofit corporation organized under the laws of the State. (3) District.--The term ``District'' means the Metropolitan Water District of Salt Lake & Sandy, a political subdivision of the State. (4) Pleasant grove property.-- (A) In general.--The term ``Pleasant Grove Property'' means the 3.79-acre parcel of land acquired by the United States for the Provo River Project, Deer Creek Division, located at approximately 285 West 1100 North, Pleasant Grove, Utah, as in existence on the date of enactment of this Act. (B) Inclusions.--The term ``Pleasant Grove Property'' includes the office building and shop complex constructed by the Association on the parcel of land described in subparagraph (A). (5) Provo reservoir canal.--The term ``Provo Reservoir Canal'' means the canal, and any associated land, rights-of-way, and facilities acquired, constructed, or improved by the United States as part of the Provo River Project, Deer Creek Division, extending from, and including, the Murdock Diversion Dam at the mouth of Provo Canyon, Utah, to and including the Provo Reservoir Canal Siphon and Penstock, as in existence on the date of enactment of this Act. (6) Salt lake aqueduct.--The term ``Salt Lake Aqueduct'' means the aqueduct and associated land, rights-of-way, and facilities acquired, constructed or improved by the United States as part of the Provo River Project, Aqueduct Division, extending from, and including, the Salt Lake Aqueduct Intake at the base of Deer Creek Dam to and including the Terminal Reservoirs located at 3300 South St. and Interstate Route 215 in Salt Lake City, Utah, as in existence on the date of enactment of this Act. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior or a designee of the Secretary. (8) State.--The term ``State'' means the State of Utah. SEC. 3. CONVEYANCE OF LAND AND FACILITIES. (a) Conveyances to Association.-- (1) Provo reservoir canal.-- (A) In general.--In accordance with the terms and conditions of the Agreement and subject to subparagraph (B), the Secretary shall convey to the Association, all right, title, and interest of the United States in and to the Provo Reservoir Canal. (B) Condition.--The conveyance under subparagraph (A) shall not be completed until the Secretary executes the Agreement and accepts future arrangements entered into by the Association, the District, the Central Utah Water Conservancy District, and the Jordan Valley Water Conservancy District providing for the operation, ownership, financing, and improvement of the Provo Reservoir Canal. (2) Pleasant grove property.--In accordance with the terms and conditions of the Agreement, the Secretary shall convey to the Association, all right, title, and interest of the United States in and to the Pleasant Grove Property. (b) Conveyance to District.-- (1) In general.--In accordance with the terms and conditions of the Agreement, and subject to the execution of the Agreement by the Secretary, the Secretary shall convey to the District, all right, title, and interest of the United States in and to Salt Lake Aqueduct. (2) Easements.-- (A) In general.--As part of the conveyance under paragraph (1), the Secretary shall grant to the District permanent easements to-- (i) the National Forest System land on which the Salt Lake Aqueduct is located; and (ii) land of the Aqueduct Division of the Provo River Project that intersects the parcel of non-Federal land authorized to be conveyed to the United States under section 104(a) of Public Law 107-329 (116 Stat. 2816). (B) Purpose.--The easements conveyed under subparagraph (A) shall be for the use, operation, maintenance, repair, improvement, or replacement of the Salt Lake Aqueduct by the District. (C) Limitation.--The United States shall not carry out any activity on the land subject to the easements conveyed under subparagraph (A) that would materially interfere with the use, operation, maintenance, repair, improvement, or replacement of the Salt Lake Aqueduct by the District. (D) Boundaries.--The boundaries of the easements conveyed under subparagraph (A) shall be determined by the Secretary, in consultation with the District and the Secretary of Agriculture. (E) Transfer of administrative jurisdiction.-- (i) In general.--On conveyance of the easement to the land described in subparagraph (A)(ii), the Secretary, subject to the easement, shall transfer to the Secretary of Agriculture administrative jurisdiction over the land. (ii) Administrative site.--The land transferred under clause (i) shall be administered by the Secretary of Agriculture as an administrative site. (F) Administration.--The easements conveyed under subparagraph (A) shall be administered by the Secretary of Agriculture in accordance with section 501(b)(3) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761(b)(3)). (c) Consideration.-- (1) Association.-- (A) In general.--In exchange for the conveyance under subsection (a)(1), the Association shall pay the Secretary an amount that is equal to the sum of-- (i) the net present value of any remaining debt obligation of the United States with respect to the Provo Reservoir Canal; and (ii) the net present value of any revenues from the Provo Reservoir Canal that, based on past history-- (I) would be available to the United States but for the conveyance of the Provo Reservoir Canal under subsection (a)(1); and (II) would be deposited in the reclamation fund established under the first section of the Act of June 17, 1902 (43 U.S.C. 391), and credited under the terms of Reclamation Manual/Directives and Standards PEC 03- 01. (B) Deduction.--In determining the net present values under clauses (i) and (ii) of subparagraph (A), the Association may deduct from the net present value such sums as are required for the reimbursement described in the Agreement. (2) District.-- (A) In general.--In exchange for the conveyance under subsection (b)(1), the District shall pay the Secretary an amount that is equal to the sum of-- (i) the net present value of any remaining debt obligation of the United States with respect to the Salt Lake Aqueduct; and (ii) the net present value of any revenues from the Salt Lake Aqueduct that, based on past history-- (I) would have been available to the United States but for the conveyance of the Salt Lake Aqueduct under subsection (b)(1); and (II) would be deposited in the reclamation fund established under the first section of the Act of June 17, 1902 (43 U.S.C. 391), and credited under the terms of Reclamation Manual/Directives and Standards PEC 03- 01. (B) Deduction.--In determining the net present values under clauses (i) and (ii) of subparagraph (A), the District may deduct from the net present value such sums as are required for the reimbursement described in the Agreement. (d) Payment of Costs.--In addition to amounts paid to the Secretary under subsection (c), the Association and the District shall, in accordance with the Agreement, pay the Secretary-- (1) any necessary and reasonable administrative and real estate transfer costs incurred by the Secretary in carrying out the conveyance; and (2) one-half of any necessary and reasonable costs associated with complying with-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C)(i) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (ii) any other Federal cultural resource laws. (e) Compliance With Environmental Laws.-- (1) In general.--Before conveying land and facilities under subsections (a) and (b), the Secretary shall comply with all applicable requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other law applicable to the land and facilities. (2) Effect.--Nothing in this Act modifies or alters any obligations under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 4. EXISTING CONTRACTS. (a) Deer Creek Division Construction Contract.--Notwithstanding the conveyances under subsections (a) and (b)(1) of section 3, and subject to the terms of the Agreement, any portion of the Deer Creek Division, Provo River Project, Utah, that is not conveyed under that section shall continue to be operated and maintained by the Association, in accordance with the contract numbered I1r-874, dated June 27, 1936, and entitled the ``Contract Between the United States and Provo River Water Users Association Providing for the Construction of the Deer Creek Division of the Provo River Project, Utah''. (b) Provo River Project and Jordan Aqueduct System Contracts.-- Subject to the terms of the Agreement, any written contract of the United States in existence on the date of enactment of this Act relating to the operation and maintenance of any division or facility of the Provo River Project or the Jordan Aqueduct System is confirmed and declared to be a valid contract of the United States that is enforceable in accordance with the express terms of the contract. (c) Use of Central Utah Project Water.-- (1) In general.--Subject to paragraph (2), any entity with contractual Provo Reservoir Canal or Salt Lake Aqueduct capacity rights in existence on the date of enactment of this Act may, in addition to the uses described in the existing contracts, use the capacity rights, without additional charge or further approval from the Secretary, to transport Central Utah Project water on behalf of the entity or others. (2) Limitations.--An entity shall not use the capacity rights to transport Central Utah Project water under paragraph (1) unless-- (A) the transport of the water is expressly authorized by the Central Utah Water Conservancy District; (B) the use of the water facility to transport the Central Utah Project water is expressly authorized by the entity responsible for operation and maintenance of the facility; and (C) carrying Central Utah Project water through Provo River Project facilities would not-- (i) materially impair the ability of the Central Utah Water Conservancy District or the Secretary to meet existing express environmental commitments for the Bonneville Unit; or (ii) require the release of additional Central Utah Project water to meet those environmental commitments. (d) Authorized Modifications.--The Agreement may provide for-- (1) the modification of the 1936 Repayment Contract for the Deer Creek Division of the Provo River Project to reflect the partial prepayment, the adjustment of the annual repayment amount, and the transfer of the Provo Reservoir Canal and the Pleasant Grove Property; and (2) the modification or termination of the 1938 Repayment Contract for the Aqueduct Division of the Provo River Project to reflect the complete payout and transfer of all facilities of the Aqueduct Division. (e) Effect of Act.--Nothing in this Act impairs any contract (including subscription contracts) in effect on the date of enactment of this Act that allows for or creates a right to convey water through the Provo Reservoir Canal. SEC. 5. EFFECT OF CONVEYANCE. On conveyance of any land or facility under subsection (a) or (b)(1) of section 3-- (1) the land and facilities shall no longer be part of a Federal reclamation project; (2) the Association and the District shall not be entitled to receive any future reclamation benefits with respect to the land and facilities, except for benefits that would be available to other nonreclamation facilities; and (3) the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the land and facilities, but shall continue to be liable for damages caused by acts of negligence committed by the United States or by any employee or agent of the United States before the date of conveyance, consistent with chapter 171 of title 28, United States Code. SEC. 6. REPORT. If a conveyance required under subsection (a) or (b)(1) of section 3 is not completed by the date that is 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) describes the status of the conveyance; (2) describes any obstacles to completing the conveyance; and (3) specifies an anticipated date for completion of the conveyance. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Provo River Project Transfer Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Provo River Water Users Association (Association) all right, title, and interest of the United States in and to the Provo Reservoir Canal in the State of Utah. Conditions such conveyance upon the execution by the Secretary of the Agreement entitled "Agreement Among the United States, the Provo River Waters Users Association, and the Metropolitan Water District of Salt Lake & Sandy to Transfer Title to Certain Lands and Facilities of the Provo River Project (Agreement)," and upon the Secretary's acceptance of future arrangements governing the operation, ownership, financing, and improvement of the Provo Reservoir Canal. Directs the Secretary to convey to the Association all right, title, and interest of the United States in and to the Pleasant Grove Property in the State of Utah. Directs the Secretary to: (1) convey to the Metropolitan Water District of Salt Lake & Sandy (District) in the State of Utah, all right, title, and interest of the United States in and to Salt Lake Aqueduct; (2) grant permanent easements to the District for the use, operation, maintenance, repair, improvement, or replacement of the Salt Lake Aqueduct by the District; (3) determine the boundaries of such easements; and (4) transfer administrative jurisdiction over certain land of the Aqueduct Division of the Provo River Project to the Secretary of Agriculture. Directs the Secretary of Agriculture to administer such land as an administrative site subject to provisions of the Federal Land Policy and Management Act of 1976. Prohibits the United States from carrying out any activities on the lands covered by the Salt Lake Aqueduct easements that would materially interfere with the operation, maintenance, repair, improvement, or replacement of the Salt Lake Aqueduct by the District. Sets forth a formula for for payments by the Association and the District for the land conveyances under this Act. Requires the Association and the District to pay certain additional costs relating to the land conveyances. Requires the Secretary to comply with certain environmental and other laws prior to making land conveyances under this Act. (Sec. 4) Confirms that: (1) certain existing contracts covering lands of the Provo River Project not conveyed by this Act remain in effect; and (2) entities with existing contractual capacity rights to either the Provo Reservoir Canal or Salt Lake Aqueduct may transport Central Utah Project water. Authorizes the Agreement to provide for modifications to repayment contracts for the Deer Creek and Aqueduct Divisions of the Provo River Project. Provides that nothing in this Act impairs any existing contract (including subscription contracts) regarding the conveyance of water through the Provo Reservoir Canal. (Sec. 5) Provides that: (1) lands and facilities conveyed under this Act are no longer part of a Federal reclamation project; (2) the Association and the District are no longer entitled to reclamation benefits for conveyed lands, except for benefits available to other nonreclamation facilities; and (3) the United States shall not be liable for damages for acts, omissions, or occurrences relating to conveyances under this Act, except for negligent acts committed prior to the date of conveyance. (Sec. 6) Requires the Secretary to report to Congress on the status of any land conveyances not completed within 18 months after the enactment of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Elizabeth A. Connelly Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Honorable Elizabeth A. Connelly was elected to the New York State Assembly in 1973 as the first woman from Staten Island, New York, elected to public office. (2) Ms. Connelly retired in 2000 making her the longest serving female legislator in the history of New York State. (3) Through her work on the New York State Assembly Mental Health, Mental Retardation, Developmental Disabilities, Alcoholism, and Substance Abuse Committee, Elizabeth A. Connelly was a champion for individuals with intellectual and other developmental disabilities. (4) As an Assemblywoman, Ms. Connelly was instrumental in securing funds for mental health programs and in creating the New York State Commission on Quality of Care for the Mentally Disabled. (5) She worked together with parents, advocates, and government leaders to make New York State a leader in providing high-quality services and programs for individuals with intellectual and other developmental disabilities. (6) Ms. Connelly was known as the ``guardian angel of the mentally disabled'' in New York State. (7) Her personal commitment and leadership helped redefine how individuals with intellectual and other developmental disabilities are treated today throughout the United States. SEC. 3. INDIVIDUALS WITH INTELLECTUAL DISABILITIES. (a) Higher Education Act of 1965.--Section 760(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1140(2)(A)) is amended by striking ``with mental retardation or''. (b) Individuals With Disabilities Education Act.-- (1) Section 601(c)(12)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1400(c)(12)(C)) is amended by striking ``having mental retardation'' and inserting ``having intellectual disabilities''. (2) Section 602 of such Act (20 U.S.C. 1401) is amended-- (A) in paragraph (3)(A)(i), by striking ``with mental retardation'' and inserting ``with intellectual disabilities''; and (B) in paragraph (30)(C), by striking ``of mental retardation'' and inserting ``of intellectual disabilities''. (c) Elementary and Secondary Education Act of 1965.--Section 7202(16)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7512(16)(E)) is amended by striking ``mild mental retardation,'' and inserting ``mild intellectual disabilities,''. (d) Rehabilitation Act of 1973.-- (1) Section 7(21)(A)(iii) of the Rehabilitation Act of 1973 (29 U.S.C. 705(21)(A)(iii)) is amended by striking ``mental retardation,'' and inserting ``intellectual disability,''. (2) Section 204(b)(2)(C)(vi) of such Act (29 U.S.C. 764(b)(2)(C)(vi)) is amended by striking ``mental retardation and other developmental disabilities'' and inserting ``intellectual disabilities and other developmental disabilities''. (3) Section 501(a) of such Act (29 U.S.C. 791(a)) is amended, in the third sentence, by striking ``President's Committees on Employment of People With Disabilities and on Mental Retardation'' and inserting ``President's Committee on Employment of People with Disabilities and the President's Committee for People with Intellectual Disabilities''. (e) Health Research and Health Services Amendments of 1976.-- Section 1001 of the Health Research and Health Services Amendments of 1976 (42 U.S.C. 217a-1) is amended by striking ``the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963,''. (f) Public Health Service Act.-- (1) Section 317C(a)(4)(B)(i) of the Public Health Service Act (42 U.S.C. 247b-4(a)(4)(B)(i)) is amended by striking ``mental retardation;'' and inserting ``intellectual disabilities;''. (2) Section 448 of such Act (42 U.S.C. 285g) is amended by striking ``mental retardation,'' and inserting ``intellectual disabilities,''. (3) Section 450 of such Act (42 U.S.C. 285g-2) is amended to read as follows: ``SEC. 450. RESEARCH ON INTELLECTUAL DISABILITIES. ``The Director of the Institute shall conduct and support research and related activities into the causes, prevention, and treatment of intellectual disabilities.''. (4) Section 641(a) of such Act (42 U.S.C. 291k(a)) is amended by striking ``matters relating to the mentally retarded'' and inserting ``matters relating to individuals with intellectual disabilities''. (5) Section 753(b)(2)(E) of such Act (42 U.S.C. 294c(b)(2)(E)) is amended by striking ``elderly mentally retarded individuals'' and inserting ``elderly individuals with intellectual disabilities''. (6) Section 1252(f)(3)(E) of such Act (42 U.S.C. 300d- 52(f)(3)(E)) is amended by striking ``mental retardation/ developmental disorders,'' and inserting ``intellectual disabilities or developmental disorders,''. (g) Health Professions Education Partnerships Act of 1998.--Section 419(b)(1) of the Health Professions Education Partnerships Act of 1998 (42 U.S.C. 280f note) is amended by striking ``mental retardation'' and inserting ``intellectual disabilities''. (h) Public Law 110-154.--Section 1(a)(2)(B) of Public Law 110-154 (42 U.S.C. 285g note) is amended by striking ``mental retardation'' and inserting ``intellectual disabilities''. (i) National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act.--Section 402 of the National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act (42 U.S.C. 300b-1 note) is amended by striking ``leading to mental retardation'' and inserting ``leading to intellectual disabilities''. (j) Genetic Information Nondiscrimination Act of 2008.--Section 2(2) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff note) is amended by striking ``mental retardation,'' and inserting ``intellectual disabilities,''. (k) Developmental Disabilities Assistance and Bill of Rights Act of 2000.-- (1) Section 109(a)(4)(B)(i) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15009(a)(4)(B)(i)) is amended by striking ``the mentally retarded'' and inserting ``individuals with intellectual disabilities''. (2) Sections 124(c)(3)(C)(vii) and 143(a)(3)(A) of such Act (42 U.S.C. 15024(c)(3)(C)(vii), 15043(a)(3)(A)) are amended-- (A) by striking ``(a)(30)(C)'' each place it appears and inserting ``(a)(31)''; and (B) by striking ``Intermediate Care Facility (Mental Retardation)'' and inserting ``intermediate care facility described in that section''. (l) References.--For purposes of each provision amended by this section-- (1) a reference to an intellectual disability shall be considered to refer to mental retardation, as defined for that provision on the day before the date of enactment of this Act; and (2) a reference to individuals with intellectual disabilities shall be considered to refer to the mentally retarded, or individuals who are mentally retarded, as defined for that provision on that day. SEC. 4. REGULATIONS. For purposes of regulations issued to carry out a provision amended by this Act-- (1) before the regulations are amended to carry out this Act-- (A) a reference in the regulations to mental retardation shall be considered to be a reference to an intellectual disability; and (B) a reference in the regulations to the mentally retarded, or individuals who are mentally retarded, shall be considered to be a reference to individuals with intellectual disabilities; and (2) in amending the regulations to carry out this Act, a Federal agency shall ensure that the regulations clearly state-- (A) that an intellectual disability was formerly termed mental retardation; and (B) that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities, under a provision amended by this Act, of individuals covered by the provision on the day before the date of enactment of this Act.
Elizabeth A. Connelly Act - Amends the Higher Education Act of 1965, the Elementary and Secondary Education Act of 1965, the Rehabilitation Act of 1973, the Public Health Service Act, the Health Professions Education Partnership Act of 1968, the National Sickle Cell Anemia Act, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act, the Genetic Information Nondiscrimination Act, the Developmental Disabilities Assistance and Bill of Rights Act of 2000, and other federal enactments and regulations to change references to mental retardation to references to an intellectual disability.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Resources to Improve Dual Language Education Act of 2016'' or the ``PRIDE Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Dual language programs have been found to provide the greatest academic gains for limited English proficient children. (2) Children exposed to a second language through dual language education demonstrated higher performance, in comparison to their schoolmates in traditional classrooms. (3) Few children from low-income communities, particularly African-American children, have had access to a well-developed and well-implemented dual language program. (4) Children in dual language programs experience substantial gains in language, literacy, and mathematics. SEC. 3. DUAL LANGUAGE FLAGSHIP GRANTS. (a) Purposes.--The purposes of this section are as follows: (1) To provide incentives for local educational agencies to develop innovative strategies for working with low-income and limited English proficient children. (2) To improve the school readiness of low-income and limited English proficient children and to ensure they enter school ready to succeed. (3) To provide consistent support for learning through high-quality dual language programs from preschool through the fifth grade. (4) To authorize the Secretary to carry out a demonstration project to enhance the biliteracy and bilingualism skills for children in impoverished communities, including limited English proficient and minority children, through the use and longitudinal evaluation of dual language programs beginning in preschool through the fifth grade. (b) Program Authorized.-- (1) In general.--From funds made available under subsection (i), and after reserving funds under subsection (c), the Secretary is authorized to award not more than five grants to fund partnerships of local educational agencies, early childhood education programs including State-funded preschool programs and Head Start programs, and technical assistance providers to demonstrate effective strategies in ensuring the academic success of low-income minority students through the implementation and evaluation of a high-quality dual language program that-- (A) serves cohorts of economically disadvantaged minority and limited English proficient children from preschool through fifth grade; (B) establishes an infrastructure that supports a rigorous assessment system, including dedicated staff time and professional development in assessment, a data collection plan, and the collection of multiple measures of academic progress, bilingualism, and biliteracy; (C) implements and aligns a curriculum that promotes the development of bilingual and biliterate competencies for all students through at least grade five; (D) utilizes and aligns student-centered instructional methods that enhance the development of bilingualism, biliteracy, and academic achievement; (E) aligns professional development and training for early childhood education instructors and elementary school teachers and staff, with an emphasis on dual language instruction, second language acquisition, and content knowledge; (F) recruits, trains, and continuously develops staff to implement high-quality, dual language programs; and (G) establishes a responsive infrastructure for positive, active, and ongoing relationships with students' families and the community that responds to and is reflective of the needs of the community and goals of the program. (c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described is subsection (g) and dissemination of best practices described in subsection (h). (d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. (e) Applications for Grants.-- (1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Required documentation.--Each application submitted by a partnership under this section for a proposed program shall include documentation that-- (A) the partnership has partnered with an entity that has proven expertise in the implementation of high-quality dual language programs to provide on-going technical assistance and assist with the evaluation of the program; (B) the partnership has the qualified personnel to develop, administer, evaluate, and implement the program; and (C) the partnership is serving economically disadvantaged minority and limited English proficient children. (3) Other application contents.--Each application submitted by an entity under this section for a proposed program shall include-- (A) data showing that the program is serving economically disadvantaged and limited English proficient children; (B) a description of how the program will align the language of assessment with the language of instruction; (C) a description of how the program will be evaluated to assess the goals of the program; (D) a description of how the evaluation will be used to inform broader efforts to improve instruction for limited English proficient children, including for preschool-aged children; (E) a description of activities that will be pursued by the program including a description of-- (i) how the activities will further the school readiness and academic progress of children served by this program and support dual language development through grade five; (ii) methods of designing culturally and linguistically appropriate dual language curriculum; and (iii) methods of teacher training and parent outreach that will be used or developed through the programs; (F) an assurance that the program will annually provide to the Secretary such information as may be required by subsection (f); and (G) any other information that the Secretary may require. (f) Selection of Grantees.-- (1) Criteria.--The Secretary through a peer review process shall select partnerships to receive grants under this section based on-- (A) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (B) the extent to which school leadership has been involved and has demonstrated a commitment to a high- quality dual language program; and (C) the quality of the programs proposed in the applications submitted under subsection (b). (g) Technical Assistance and Evaluation.--From funds reserved under subsection (i) for a fiscal year, the Secretary shall reserve $250,000 to contract with an entity with a proven track record in dual language programs for the purpose of-- (1) providing technical assistance to local educational agencies receiving grants under this Act in order to strengthen programs conducted by grantees pursuant to this Act; and (2) conducting an evaluation of programs funded under this Act, which shall-- (A) be used by the Secretary to determine the effectiveness of programs funded through this Act and improve services to participating children; and (B) include-- (i) a comprehensive evaluation of the impact of the programs on students, including an assessment of literacy skills and language development in both English and the native language; (ii) a comprehensive evaluation of the effectiveness of instructional practices used in the programs; and (iii) a comprehensive evaluation of professional development strategies. (h) Dissemination of Best Practices.--The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of limited English proficient children. (i) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2017 and such sums as may be necessary for each of the 4 succeeding fiscal years. (j) Definitions.--In this section: (1) Dual language program.--The term ``dual language program'' means an instructional strategy in which students are taught literacy and content in two languages and use the partner language for at least half of the instructional day and foster bilingualism, biliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in two languages. (2) State-funded preschool program.--The term ``State- funded preschool program'' means a program that-- (A) serves children who are ages 3 through 5; (B) has a primary focus of supporting early childhood education, including supporting children's cognitive, social, emotional, and physical development and approaches to learning; (C) helps prepare children for a successful transition to kindergarten; (D) is either a school- or community-based program; and (E) is funded either in whole or in part by a State through a State agency with authority to promulgate regulations and monitor participating programs. (3) Limited english proficient.--The term ``limited English proficient'', when used with respect to a child, means a child-- (A)(i) who was not born in the United States or whose native language is a language other than English; (ii)(I) who is a Native American (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), an Alaska Native, or a native resident of an outlying area (as defined in such section 8101); and (II) who comes from an environment where a language other than English has had a significant impact on the child's level of English language proficiency; or (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (B) whose difficulties in speaking or understanding the English language may be sufficient to deny the child-- (i) the ability to successfully achieve in a classroom in which the language of instruction is English; or (ii) the opportunity to participate fully in society.
Providing Resources to Improve Dual Language Education Act of 2016 or the PRIDE Act This bill authorizes the Department of Education (ED) to award up to five grants to partnerships of local educational agencies, early childhood education programs, and technical assistance providers for the implementation of dual language demonstration programs designed to enhance and assess the biliteracy and bilingualism skills of low-income minority and limited English proficient children from preschool through grade five. ED shall: (1) contract with an entity that has dual language program experience to provide technical assistance and program evaluation, and (2) disseminate information on best practices implemented under model programs.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Television Improvement Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Television is seen and heard in nearly every American home and is a uniquely pervasive presence in the daily lives of Americans. The average American home has 2.5 televisions, and a television is turned on in the average American home 7 hours every day. (2) Television plays a particularly significant role in the lives of children. Recent figures provided by Nielsen Research show that children between the ages of 2 years and 11 years spend an average of 21 hours in front of a television each week. (3) Television has an enormous capability to influence perceptions, especially those of children, of the values and behaviors that are common and acceptable in society. (4) The influence of television is so great that its images and messages often can be harmful to the development of children. Social science research amply documents a strong correlation between the exposure of children to televised violence and a number of behavioral and psychological problems. (5) Hundreds of studies have proven conclusively that children who are consistently exposed to violence on television have a higher tendency to exhibit violent and aggressive behavior, both as children and later in life. (6) Such studies also show that repeated exposure to violent programming causes children to become desensitized to and more accepting of real-life violence and to grow more fearful and less trusting of their surroundings. (7) A growing body of social science research indicates that sexual content on television can also have a significant influence on the attitudes and behaviors of young viewers. This research suggests that heavy exposure to programming with strong sexual content contributes to the early commencement of sexual activity among teenagers. (8) Members of the National Association of Broadcasters (NAB) adhered for many years to a comprehensive code of conduct that was based on an understanding of the influence exerted by television and on a widely held sense of responsibility for using that influence carefully. (9) This code of conduct, the Television Code of the National Association of Broadcasters, articulated this sense of responsibility as follows: (A) ``In selecting program subjects and themes, great care must be exercised to be sure that the treatment and presentation are made in good faith and not for the purpose of sensationalism or to shock or exploit the audience or appeal to prurient interests or morbid curiosity. (B) ``Broadcasters have a special responsibility toward children. Programs designed primarily for children should take into account the range of interests and needs of children, from instructional and cultural material to a wide variety of entertainment material. In their totality, programs should contribute to the sound, balanced development of children to help them achieve a sense of the world at large and informed adjustments to their society. (C) ``Violence, physical or psychological, may only be projected in responsibly handled contexts, not used exploitatively. Programs involving violence present the consequences of it to its victims and perpetrators. Presentation of the details of violence should avoid the excessive, the gratuitous and the instructional. (D) ``The presentation of marriage, family, and similarly important human relationships, and material with sexual connotations, shall not be treated exploitatively or irresponsibly, but with sensitivity. (E) ``Above and beyond the requirements of the law, broadcasters must consider the family atmosphere in which many of their programs are viewed. There shall be no graphic portrayal of sexual acts by sight or sound. The portrayal of implied sexual acts must be essential to the plot and presented in a responsible and tasteful manner.''. (10) The NAB abandoned the code of conduct in 1983 after three provisions of the code restricting the sale of advertising were challenged by the Department of Justice on antitrust grounds and a Federal district court issued a summary judgment against the NAB regarding one of the provisions on those grounds. However, none of the programming standards of the code were challenged. (11) While the code of conduct was in effect, its programming standards were never found to have violated any antitrust law. (12) Since the NAB abandoned the code of conduct, programming standards on broadcast and cable television have deteriorated dramatically. Lurid and sensational talk shows are aired regularly throughout the day and profanities have become commonplace during the early hours of prime time, when millions of young children are watching. (13) In the absence of effective programming standards, public concern about the impact of television on children, and on society as a whole, has risen substantially. Polls routinely show that more than 80 percent of Americans are worried by the increasingly graphic nature of sex, violence, and vulgarity on television and by the amount of programming that openly sanctions or glorifies criminal, antisocial, and degrading behavior. (14) At the urging of Congress, the television industry has taken some steps to respond to public concerns about programming standards and content. The broadcast television industry agreed in 1992 to adopt a set of voluntary guidelines designed to ``proscribe gratuitous or excessive portrayals of violence''. Shortly thereafter, both the broadcast and cable television industries agreed to conduct independent studies of the violent content in their programming and make those reports public. (15) In 1996, the television industry as a whole made a commitment to develop a comprehensive rating system to label programming that may be harmful or inappropriate for children. That system was implemented at the beginning of this year. (16) Despite these recent efforts to respond to public concern about the impact of television on children, millions of Americans, especially parents with young children, remain angry and frustrated at the sinking standards of television programming, the reluctance of the industry to police itself, and the harmful influence of television on the well-being of the children and the values of the United States. (17) The Department of Justice issued a ruling in 1993 indicating that additional efforts by the television industry to develop and implement voluntary programming guidelines would not violate the antitrust laws. The ruling states that ``such activities may be likened to traditional standard setting efforts that do not necessarily restrain competition and may have significant procompetitive benefits. . . . Such guidelines could serve to disseminate valuable information on program content to both advertisers and television viewers. Accurate information can enhance the demand for, and increase the output of, an industry's products or services.''. (18) The Children's Television Act of 1990 (Public Law 101- 437) states that television broadcasters in the United States have a clear obligation to meet the educational and informational needs of children. (19) Several independent analyses have demonstrated that the television broadcasters in the United States have not fulfilled their obligations under the Children's Television Act of 1990 and have not noticeably expanded the amount of educational and informational programming directed at young viewers since the enactment of that Act. SEC. 3. PURPOSE. (a) Purpose.--The purpose of this Act is to permit the broadcast and cable television industry-- (1) to work collaboratively to respond to growing public concern about the current content of television programming and the harmful influence of such programming on children; (2) to develop a set of voluntary programming guidelines similar to those contained in the Television Code of the National Association of Broadcasters; and (3) to implement the guidelines in a manner that alleviates the negative impact of television programming on the development of children in the United States and stimulates the development and broadcast of educational and informational programming for such children. (b) Construction.--This Act may not be construed as-- (1) providing the Federal Government with any authority to restrict the content of television programming that is in addition to the authority to restrict such programming under law as of the date of enactment of this Act; or (2) approving any action of the Federal Government to restrict the content of such programming that is in addition to any actions undertaken for that purpose by the Federal Government under law as of such date. SEC. 4. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR TELECAST MATERIAL FROM APPLICABILITY OF ANTITRUST LAWS. (a) Exemption.--Subject to subsection (b), the antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the television industry for the purpose of developing and disseminating voluntary guidelines designed-- (1) to alleviate the negative impact of telecast material such as, but not limited to, violence, sexual content, criminal behavior, or profane language; or (2) to promote telecast material that is educational, informational, or otherwise beneficial to the development of children. (b) Limitation.--The exemption provided in subsection (a) shall not apply to any joint discussion, consideration, review, action, or agreement which-- (1) results in a boycott of any person; or (2) concerns the purchase or sale of advertising, including (without limitation) restrictions on the number of products that may be advertised in a commercial, the number of times a program may be interrupted for commercials, and the number of consecutive commercials permitted within each interruption. (c) Definitions.--In this section: (1) Antitrust laws.--The term ``antitrust laws'' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Person in the television industry.--The term ``person in the television industry'' means a television network, any entity which produces programming for television distribution (including theatrical motion pictures), the National Cable Television Association, the Association of Independent Television Stations, Inc., the National Association of Broadcasters, the Motion Picture Association of America, and each of the affiliate organizations of the television networks, and includes any individual acting on behalf of such person. (3) Telecast.--The term ``telecast'' means any program broadcast by a television broadcast station or transmitted by a cable television system.
Television Improvement Act of 1997 - Exempts from Federal antitrust laws any discussions, reviews, or agreements (action) entered into among persons in the television industry to develop and disseminate voluntary guidelines governing television broadcast material. Makes such exemption inapplicable to action which: (1) results in a boycott of any person; or (2) concerns the purchase or sale of advertising.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Sexual Assault Victims Empowerment Act'' or the ``Military SAVE Act''. SEC. 2. IMPROVEMENT OF TREATMENT FOR MILITARY SEXUAL ASSAULT. (a) Veterans.-- (1) In general.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1720D the following new section: ``Sec. 1720D-1. Counseling and treatment for sexual trauma at non- Department facilities ``(a) Establishment.--Notwithstanding section 1703 of this title, and in addition to the program under section 1720D, the Secretary shall operate a program under which the Secretary ensures that veterans who are victims of military sexual trauma may receive treatment for such trauma from private providers. ``(b) Election.--A veteran may elect to receive treatment under this section by notifying the Secretary of such election at a facility or regional office of the Department. Such notification shall include a written affidavit by the veteran, made under penalty of perjury under section 1746 of title 28, stating that the veteran is a victim of military sexual trauma. ``(c) Voucher.--(1) Upon receiving a notification under subsection (b), the Secretary shall issue the veteran a voucher described in paragraph (3). ``(2) A veteran to whom a voucher is issued under paragraph (1) may use the voucher to receive treatment by a private provider who agrees to accept such voucher as payment for such treatment. Any amount charged by the private provider for such treatment that is in addition to the amount paid by the voucher shall be the sole responsibility of the veteran. ``(3) A voucher described in this paragraph is a voucher indicating that the Secretary will reimburse a private provider for treatment provided by the provider to a veteran under this section. ``(4) The amount for which the Secretary will reimburse a private provider pursuant to a voucher described in paragraph (3) is equal to the amount that the Secretary pays to a non-Department facility under section 1703 of this title for the same treatment for which the voucher is used. ``(5) The Secretary shall require that a veteran make a reelection under subsection (b) during each 120-day period in which the voucher is used following the initial 120-day period in which the voucher is valid. ``(d) Consultation.--The Secretary shall consult with the Secretary of Defense to ensure that this section is carried out in a manner that allows veterans to receive similar treatment as is provided to members of the Armed Forces under section 1074n of title 10. ``(e) Definitions.--In this section: ``(1) The term `military sexual trauma' means an injury, illness, disability, or psychological trauma that directly resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the veteran was serving on active duty or active duty for training. ``(2) The term `private provider' means a non-Department facility or licensed health care professional, regardless of whether the facility or professional is entered into a contract pursuant to section 1703 of this title. ``(3) The term `sexual harassment' has the meaning given that term in section 1720D of this title. ``(4) The term `treatment' means treatment, counseling, and appropriate other care and services to overcome military sexual trauma.''. (2) Conforming amendments.--Section 1720D(a) of such title is amended-- (A) by striking ``(1) The Secretary'' and inserting ``The Secretary''; (B) by striking paragraph (2); and (C) in the section heading, by adding ``at Department facilities'' after ``trauma''. (3) Clerical amendments.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 1720D and inserting the following new items: ``1720D. Counseling and treatment for sexual trauma at Department facilities. ``1720D-1. Counseling and treatment for sexual trauma at non-Department facilities.''. (b) Members of the Armed Forces.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1074m the following new section: ``Sec. 1074n. Counseling and treatment for sexual trauma at private facilities ``(a) Establishment.--The Secretary shall operate a program under which the Secretary ensures that members of the armed forces who are victims of military sexual trauma may receive treatment for such trauma by private providers. ``(b) Election.--A member may elect to receive treatment under this section by notifying the Secretary of such election. Such notification shall include a written affidavit by the member, made under penalty of perjury under section 1746 of title 28, stating that the member is a victim of military sexual trauma. ``(c) Voucher.--(1) Upon receiving a notification under subsection (b), the Secretary shall issue the member a voucher described in paragraph (3). ``(2) A member to whom a voucher is issued under paragraph (1) may use the voucher to receive treatment by a private provider who agrees to accept such voucher as payment for such treatment. Any amount charged by the private provider for such treatment that is in addition to the amount paid by the voucher shall be the sole responsibility of the member. ``(3) A voucher described in this paragraph is a voucher indicating that the Secretary will reimburse a private provider for treatment provided by the provider to a member under this section. ``(4) The amount for which the Secretary will reimburse a private provider pursuant to a voucher described in paragraph (3) is equal to the amount that the Secretary pays to a private provider under the TRICARE program for the same treatment for which the voucher is used. ``(5) The Secretary shall require that a veteran make a reelection under subsection (b) during each 120-day period in which the voucher is used following the initial 120-day period in which the voucher is valid. ``(d) Consultation.--The Secretary shall consult with the Secretary of Veterans Affairs to ensure that this section is carried out in a manner that allows members to receive similar treatment as is provided to veterans under section 1720D-1 of title 38. ``(e) Definitions.--In this section: ``(1) The term `military sexual trauma' means an injury, illness, disability, or psychological trauma that directly resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the member was serving on active duty or active duty for training. ``(2) The term `private provider' means a private facility or licensed health care professional, regardless of whether the facility or professional is entered into a contract under this chapter to provide treatment under the TRICARE program. ``(3) The term `sexual harassment' has the meaning given that term in section 1720D of title 38. ``(4) The term `treatment' means treatment, counseling, and appropriate other care and services to overcome military sexual trauma.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074m the following new item: ``1074n. Counseling and treatment for sexual trauma at private facilities.''.
Military Sexual Assault Victims Empowerment Act or the Military SAVE Act - Requires the Secretary of Veterans Affairs (VA) and the Secretary of Defense (DOD) to each operate a program that ensures that veterans and members of the armed forces may receive treatment from private providers for military sexual trauma. Requires the Secretaries: (1) after receiving from a veteran or member electing such treatment a notification that includes a written affidavit stating that the individual is a victim of military sexual trauma, to assign a voucher that such individual may use to receive such treatment; and (2) to require such individual to make a reelection during each 120-day period in which such a voucher is used following the initial 120-day period the voucher is valid.
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That this Act may be referred to as the ``Outer Continental Shelf Deep Water Royalty Relief Act''. SEC. 2. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT. Section 8(a) of the Outer Continental Shelf Lands Act, (43 U.S.C. 1337 (a)(3)), is amended by striking paragraph (3) in its entirety and inserting the following: ``(3)(A) The Secretary may, in order to-- ``(i) promote development or increased production on producing or non-producing leases; or ``(ii) encourage production of marginal resources on producing or non-producing leases; through primary, secondary, or tertiary recovery means, reduce or eliminate any royalty or net profit share set forth in the lease(s). With the lessee's consent, the Secretary may make other modifications to the royalty or net profit share terms of the lease in order to achieve these purposes. ``(B)(i) Notwithstanding the provisions of this Act other than this subparagraph, with respect to any lease or unit in existence on the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act meeting the requirements of this subparagraph, no royalty payments shall be due on new production, as defined in clause (iv) of this subparagraph, from any lease or unit located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico, including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, until such volume of production as determined pursuant to clause (ii) has been produced by the lessee. (ii) Upon submission of a complete application by the lessee, the Secretary shall determine within 180 days of such application whether new production from such lease or unit would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph. In making such determination, the Secretary shall consider the increase technological and financial risk of deep water development and all costs associated with exploring, developing, and producing from the lease. The lessee shall provide information required for a complete application to the Secretary prior to such determination. The Secretary shall clearly define the information required for a complete application under this section. Such application may be made on the basis of an individual lease or unit. If the Secretary determines that such new production would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph, the provisions of clause (i) shall not apply to such production. If the Secretary determines that such new production would not be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i), the Secretary must determine the volume of production from the lease or unit on which no royalties would be due in order to make such new production economically viable; except that for new production as defined in clause (iv)(I), in no case will that volume be less than 17.5 million barrels of oil equivalent in water depths of 200 to 400 meters, 52.5 million barrels of oil equivalent in 400-800 meters of water, and 87.5 million barrels of oil equivalent in water depths greater than 800 meters. Redetermination of the applicability of clause (i) shall be undertaken by the Secretary when requested by the lessee prior to the commencement of the new production and upon significant change in the factors upon which the original determination was made. The Secretary shall make such redetermination within 120 days of submission of a complete application. The Secretary may extend the time period for making any determination or redetermination under this clause for 30 days, or longer if agreed to by the applicant, if circumstances so warrant. The lessee shall be notified in writing of any determination or redetermination and the reasons for and assumptions used for such determination. Any determination or redetermination under this clause shall be a final agency action. The Secretary's determination or redetermination shall be judicially reviewable under section 10(a) of the Administrative Procedures Act (5 U.S.C. 702), only for actions filed within 30 days of the Secretary's determination or redetermination. ``(iii) In the event that the Secretary fails to make the determination or redetermination called for in clause (ii) upon application by the lessee within the time period, together with any extension thereof, provided for by clause (ii), no royalty payments shall be due on new production as follows: ``(I) For new production, as defined in clause (iv)(I) of this subparagraph, no royalty shall be due on such production according to the schedule of minimum volumes specified in clause (ii) of this subparagraph. ``(II) For new production, as defined in clause (iv)(II) of this subparagraph, no royalty shall be due on such production for one year following the start of such production. ``(iv) For purposes of this subparagraph, the term `new production' is-- (I) any production from a lease from which no royalties are due on production, other than test production, prior to the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act; or (II) any production resulting from lease development activities pursuant to a Development Operations Coordination Document, or supplement thereto that would expand production significantly beyond the level anticipated in the Development Operations Coordination Document, approved by the Secretary after the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act. ``(v) During the production of volumes determined pursuant to clauses (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for light sweet crude oil exceeds $28 per barrel, any production of oil will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clause (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the previous year exceeds $28. After the end of the calendar year, when the new average price can be calculated, lessees will pay any royalties due, with interest but without penalty, or can apply for a refund, with interest, of any overpayment. ``(vi) During the production of volumes determined pursuant to clause (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for natural gas exceeds $3.50 per million British thermal units, any production of natural gas will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clauses (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the previous year exceeds $3.50. After the end of the calendar year, when the new average price can be calculated, lessees will pay any royalties due, with interest but without penalty, or can apply for a refund, with interest, of any overpayment. ``(vii) The prices referred to in clauses (v) and (vi) of this subparagraph shall be changed during any calendar year after 1994 by the percentage, if any, by which the implicit price deflator for the gross domestic product changed during the preceding calendar year.''. SEC. 3. NEW LEASES. (a) Section 8(a)(1) of the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1337 (a)(1)), is amended as follows: (1) Redesignate section 8(a)(1)(H) as section 8(a)(1)(I); (2) Add a new section 8(a)(1)(H) as follows: ``(H) cash bonus bid with royalty at no less than 12\1/2\ per centum fixed by the Secretary in amount or value of production saved, removed, or sold, and with suspension of royalties for a period, volume, or value of production determined by the Secretary. Such suspensions may vary based on the price of production from the lease.''. (b) For all tracts located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, any lease sale within five years of the date of enactment of this Act, shall use the bidding system authorized in section 8(a)(1)(H) of the Outer Continental Shelf Lands Act, as amended by this Act, except that the suspension of royalties shall be set at a volume of not less than the following: (1) 17.5 million barrels of oil equivalent for leases in water depths of 200 to 400 meters; (2) 52.5 million barrels of oil equivalent for leases in 400 to 800 meters of water; and (3) 87.5 million barrels of oil equivalent for leases in water depths greater than 800 meters. SEC. 4. REGULATIONS. The Secretary shall promulgate such rules and regulations as are necessary to implement the provisions of this Act within 180 days after the enactment of this Act.
Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases, before commencement of production, for oil or gas resources in deep water on the Outer Continental Shelf in the Gulf of Mexico. Declares that no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced. Suspends royalties for a five-year period for new leases in specified water depths in the Gulf.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Electricity Security and Affordability Act''. SEC. 2. STANDARDS OF PERFORMANCE FOR NEW FOSSIL FUEL-FIRED ELECTRIC UTILITY GENERATING UNITS. (a) Limitation.--The Administrator of the Environmental Protection Agency may not issue, implement, or enforce any proposed or final rule under section 111 of the Clean Air Act (42 U.S.C. 7411) that establishes a standard of performance for emissions of any greenhouse gas from any new source that is a fossil fuel-fired electric utility generating unit unless such rule meets the requirements under subsections (b) and (c). (b) Requirements.--In issuing any rule under section 111 of the Clean Air Act (42 U.S.C. 7411) establishing standards of performance for emissions of any greenhouse gas from new sources that are fossil fuel-fired electric utility generating units, the Administrator of the Environmental Protection Agency (for purposes of establishing such standards)-- (1) shall separate sources fueled with coal and natural gas into separate categories; and (2) shall not set a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless-- (A) such standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within such category-- (i) each of which is located at a different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (c) Coal Having a Heat Content of 8300 or Less British Thermal Units Per Pound.-- (1) Separate subcategory.--In carrying out subsection (b)(1), the Administrator of the Environmental Protection Agency shall establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units per pound. (2) Standard.--Notwithstanding subsection (b)(2), in issuing any rule under section 111 of the Clean Air Act (42 U.S.C. 7411) establishing standards of performance for emissions of any greenhouse gas from new sources in such subcategory, the Administrator of the Environmental Protection Agency shall not set a standard based on the best system of emission reduction unless-- (A) such standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory-- (i) each of which is located at a different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (d) Technologies.--Nothing in this section shall be construed to preclude the issuance, implementation, or enforcement of a standard of performance that-- (1) is based on the use of one or more technologies that are developed in a foreign country, but has been demonstrated to be achievable at fossil fuel-fired electric utility generating units in the United States; and (2) meets the requirements of subsection (b) and (c), as applicable. SEC. 3. CONGRESS TO SET EFFECTIVE DATE FOR STANDARDS OF PERFORMANCE FOR EXISTING, MODIFIED, AND RECONSTRUCTED FOSSIL FUEL-FIRED ELECTRIC UTILITY GENERATING UNITS. (a) Applicability.--This section applies with respect to any rule or guidelines issued by the Administrator of the Environmental Protection Agency under section 111 of the Clean Air Act (42 U.S.C. 7411) that-- (1) establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit; or (2) apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. (b) Congress To Set Effective Date.--A rule or guidelines described in subsection (a) shall not take effect unless a Federal law is enacted specifying such rule's or guidelines' effective date. (c) Reporting.--A rule or guidelines described in subsection (a) shall not take effect unless the Administrator of the Environmental Protection Agency has submitted to Congress a report containing each of the following: (1) The text of such rule or guidelines. (2) The economic impacts of such rule or guidelines, including the potential effects on-- (A) economic growth, competitiveness, and jobs in the United States; (B) electricity ratepayers, including low-income ratepayers in affected States; (C) required capital investments and projected costs for operation and maintenance of new equipment required to be installed; and (D) the global economic competitiveness of the United States. (3) The amount of greenhouse gas emissions that such rule or guidelines are projected to reduce as compared to overall global greenhouse gas emissions. (d) Consultation.--In carrying out subsection (c), the Administrator of the Environmental Protection Agency shall consult with the Administrator of the Energy Information Administration, the Comptroller General of the United States, the Director of the National Energy Technology Laboratory, and the Under Secretary of Commerce for Standards and Technology. SEC. 4. REPEAL OF EARLIER RULES AND GUIDELINES. The following rules and guidelines shall be of no force or effect, and shall be treated as though such rules and guidelines had never been issued: (1) The proposed rule-- (A) entitled ``Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units'', published at 77 Fed. Reg. 22392 (April 13, 2012); and (B) withdrawn pursuant to the notice entitled ``Withdrawal of Proposed Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units'', signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA-HQ-OAR-2011-0660. (2) The proposed rule entitled ``Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units'', signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA-HQ- OAR-2013-0495. (3) With respect to the proposed rule described in paragraph (1), any successor or substantially similar proposed or final rule that-- (A) is issued prior to the date of the enactment of this Act; (B) is applicable to any new source that is a fossil fuel-fired electric utility generating unit; and (C) does not meet the requirements under subsections (b) and (c) of section 2. (4) Any proposed or final rule or guidelines under section 111 of the Clean Air Act (42 U.S.C. 7411) that-- (A) are issued prior to the date of the enactment of this Act; and (B) establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit or apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. SEC. 5. DEFINITIONS. In this Act: (1) Demonstration project.--The term ``demonstration project'' means a project to test or demonstrate the feasibility of carbon capture and storage technologies that has received Federal Government funding or financial assistance. (2) Existing source.--The term ``existing source'' has the meaning given such term in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)), except such term shall not include any modified source. (3) Greenhouse gas.--The term ``greenhouse gas'' means any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Hydrofluorocarbons. (F) Perfluorocarbons. (4) Modification.--The term ``modification'' has the meaning given such term in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)). (5) Modified source.--The term ``modified source'' means any stationary source, the modification of which is commenced after the date of the enactment of this Act. (6) New source.--The term ``new source'' has the meaning given such term in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)), except that such term shall not include any modified source. Passed the House of Representatives March 6, 2014. Attest: KAREN L. HAAS, Clerk.
Electricity Security and Affordability Act - (Sec. 2) Prohibits the Administrator of the Environmental Protection Agency (EPA) from issuing, implementing, or enforcing any proposed or final rule under the Clean Air Act that establishes a performance standard for greenhouse gas emissions from any new source that is a fossil fuel-fired electric utility generating unit unless the rule meets specified requirements of this Act. Requires the Administrator to separate sources fueled with coal and natural gas into separate categories. Prohibits the Administrator, however, from setting a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless it has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within the category. Requires each such unit to: (1) be located at a different electric generating station in the United States, (2) be representative of the operating characteristics of electric generation at its location, and (3) be operated for the entire 12-month period on a full commercial basis. Prohibits the use of any results obtained from a demonstration project in setting the standard. Requires the Administrator, in separating sources fueled with coal into a separate category, to establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units (BTUs) per pound. Prohibits the Administrator, in issuing any rule establishing performance standards for greenhouse gas emissions from new sources in such subcategory, from setting a standard based on the best system of emission reduction unless the standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory that meets the unit requirements specified by this Act for the coal category. Prohibits this Act from being construed to preclude the issuance, implementation, or enforcement of a standard of performance that: (1) is based on the use of technologies that are developed in a foreign country, but has been demonstrated to be achievable at fossil fuel-fired electric utility generating units in the United States; and (2) meets the requirements of this Act. (Sec. 3) Precludes from taking effect, unless a federal law is enacted specifying an effective date, any EPA rule or guideline that: (1) establishes any performance standard for greenhouse gas emissions from a modified or reconstructed source that is a fossil fuel-fired electric utility generating unit, or (2) applies to greenhouse gas emissions from such an existing source. Requires, in order for the rule or guidelines to take effect, that the Administrator submit a report that contains: (1) the text of the rule or guidelines; (2) the economic impacts of such rule or guidelines, including potential effects on electricity ratepayers, on economic growth, competitiveness, and jobs in the United States and on required capital investments and projected costs for operation and maintenance of new equipment required to be installed; and (3) the amount of greenhouse gas emissions projected to be reduced as compared to overall global greenhouse gas emissions. Requires the Administrator, in carrying out such reporting requirements, to consult with the Administrator of the Energy Information Administration, the Comptroller General (GAO), the Director of the National Energy Technology Laboratory, and the Under Secretary of Commerce for Standards and Technology. (Sec. 4) Nullifies the force and effect of specified proposed rules (or similar successor proposed or final rules) for Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units that are issued before enactment of this Act.
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SECTION 1. CREDIT EQUIVALENT TO LIMITED MARITAL DEDUCTION IN CASE OF CERTAIN EMPLOYEES OF INTERNATIONAL ORGANIZATIONS. (a) In General.--Subchapter C of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 2210. CREDIT EQUIVALENT TO LIMITED MARITAL DEDUCTION IN CASE OF CERTAIN EMPLOYEES OF INTERNATIONAL ORGANIZATIONS. ``(a) General Rule.--In the case of a decedent to whom this section applies, the tax determined under section 2001(b) or 2101(b) (whichever is applicable) shall be reduced by the applicable marital transfer credit determined under subsection (c). ``(b) Decedents to Whom Section Applies.--This section shall apply to a decedent if-- ``(1) as of the date of the decedent's death-- ``(A) both the decedent and the surviving spouse of the decedent were not citizens of the United States and not lawful permanent residents of the United States, and ``(B) either the decedent or the surviving spouse of the decedent was a qualified international organization employee, and ``(2) the executor of the decedent's estate waives the benefits of section 2056(d)(2). ``(c) Applicable Marital Transfer Credit.-- ``(1) Estates taxable under section 2001.-- ``(A) In general.--If the estate of the decedent is taxable under section 2001, the applicable marital transfer credit is the excess of-- ``(i) a tentative tax computed under section 2001(c) on the sum of the marital transfer amount plus $600,000, over ``(ii) a tentative tax computed under section 2001(c) on $600,000. If the amount of the adjusted taxable gifts of the decedent exceeds $600,000, the amount of such gifts shall be substituted for `$600,000' in clauses (i) and (ii). ``(B) Limitation on marital transfer amount.--The amount of the marital transfer amount taken into account under subparagraph (A) shall not exceed the lesser of-- ``(i) $600,000, or ``(ii) the excess of the sum referred to in section 2001(b)(1) over $600,000. ``(2) Estates taxable under section 2101.--If the estate of the decedent is taxable under section 2101, the applicable marital transfer credit shall be determined under the principles of paragraph (1) with the following modifications-- ``(A) the $600,000 amount set forth in subparagraph (B)(i) shall be reduced by the deduction equivalent of the unified credit, and ``(B) the deduction equivalent of the unified credit shall be substituted for `$600,000' each place it appears in paragraph (1) other than subparagraph (B)(i). ``(d) Spouse Becomes Citizen.--This section shall not apply in any case in which paragraph (1) of section 2056(d) does not apply by reason of paragraph (4) of such section. ``(e) Other Definitions.--For purposes of this section-- ``(1) Qualified international organization employee.--The term `qualified international organization employee' means any full-time employee of an international organization whose principal place of employment with such organization is in the United States. ``(2) Marital transfer amount.--The term `marital transfer amount' means the amount which would have been allowable as a deduction under section 2056 or 2106(a)(3) (whichever is applicable) if section 2056 were applied without regard to subsection (d) thereof. ``(3) Adjusted taxable gifts.--The term `adjusted taxable gifts' has the same meaning as when used in section 2001 or 2101, whichever is applicable. ``(4) Deduction equivalent of unified credit.--The term `deduction equivalent of unified credit' means, with respect to any estate taxable under section 2101, the amount on which the tentative tax determined under section 2001(c) would equal the unified credit allowed under section 2102(c).'' (b) Clerical Amendment.--The table of sections for subchapter C of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2210. Credit equivalent to limited marital deduction in case of certain employees of international organizations.'' (c) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying after the date of the enactment of this Act.
Amends the Internal Revenue Code to apply, with limitations, an estate tax credit equivalent to the limited marital deduction to a decedent in a case in which, as of the date of the decedent's death: (1) both the decedent and the surviving spouse were noncitizens of, and not lawful permanent residents of, the United States; and (2) either the decedent or his or her surviving spouse was a qualified international organization employee. Defines a qualified international organization employee as a full-time employee of an international organization whose principal place of employment with such organization is in the United States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bosnia and Herzegovina Self-Defense Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) For the reasons stated in the conference report on the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (H.R. 2333), the Congress has found that continued application of an international arms embargo to the Government of Bosnia and Herzegovina contravenes that Government's inherent right of individual or collective self-defense under Article 51 of the United Nations Charter and therefore is inconsistent with international law. (2) Before deploying United States Armed Forces to defend the territorial integrity and political independence of Bosnia and Herzegovina, or to enforce United Nations mandates in Bosnia and Herzegovina, the United States should seek to provide the Government of Bosnia and Herzegovina with the means necessary to exercise its inherent right of self-defense. SEC. 3. TERMINATION OF ARMS EMBARGO. (a) Termination.--The President shall terminate the United States arms embargo of the Government of Bosnia and Herzegovina upon receipt from that Government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (b) Definition.--As used in this section, the term ``United States arms embargo of the Government of Bosnia and Herzegovina'' means the application to the Government of Bosnia and Herzegovina of-- (1) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 F.R. 33322) under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (2) any similar policy being applied by the United States Government as of the date of receipt of the request described in subsection (a) pursuant to which approval is denied for transfers of defense articles and defense services to the former Yugoslavia. SEC. 4. PROVISION OF UNITED STATES MILITARY ASSISTANCE. (a) Policy.--The President should provide appropriate military assistance to the Government of Bosnia and Herzegovina upon receipt from that Government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (b) Authorization of Military Assistance.-- (1) Drawdown authority.--If the Government of Bosnia and Herzegovina requests United States assistance in exercising its right of self-defense under Article 51 of the United Nations Charter, the President is authorized to direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training in order to provide assistance to the Government of Bosnia and Herzegovina. Such assistance shall be provided on such terms and conditions as the President may determine. (2) Limitation on value of transfers.--The aggregate value (as defined in section 664(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, and military education and training provided under this subsection may not exceed $200,000,000. (3) Expiration of authorization.--The authority provided to the President in paragraph (1) expires at the end of fiscal year 1995. (4) Limitation on activities.--Members of the United States Armed Forces who perform defense services or provide military education and training outside the United States under this subsection may not perform any duties of a combatant nature, including any duties related to training and advising that may engage them in combat activities. (5) Reports to congress.--Within sixty days after any exercise of the authority of paragraph (1) and every sixty days thereafter, the President shall report in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate concerning the defense articles, defense services, and military education and training being provided and the use made of such articles, services, and education and training. (6) Reimbursement.--(A) Defense articles, defense services, and military education and training provided under this subsection shall be made available without reimbursement to the Department of Defense except to the extent that funds are appropriated pursuant to subparagraph (B). (B) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value (as defined in section 664(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, or military education and training provided under this subsection.
Bosnia and Herzegovina Self-Defense Act of 1994 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia and Herzegovina upon receipt of a request from such government for assistance in exercising its right of self-defense under the United Nations Charter. Authorizes the President to direct the drawdown of defense articles and services and military education and training to provide assistance to Bosnia and Herzegovina if it makes such request. Limits the amount of such assistance. Bars members of the U.S. armed forces who provide such assistance from performing combatant duties outside of the United States. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil for Iraq Liberation Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Every Middle Eastern country that possesses significant petroleum resources has long held those resources as national assets. (2) Several developments indicate that the historical precedent of a nationalized Iraqi oil sector could be undercut by United States interests. The Bush Administration has aggressively pressured the Iraqi government to privatize its oil resources and a United States oil company has secured an oil contract with the Kurdistan Regional Government and a former Administration official is reported to be seeking an oil contract with the Kurdistan Regional Government. (3) President George W. Bush released a list of benchmarks in August 2006 by which to judge success in Iraq. These benchmarks included the passage of a ``hydrocarbon act''. The Administration has characterized the bill as a national revenue sharing plan. (4) Hunt Oil Company, headquartered in Dallas, Texas, has signed a production sharing agreement for petroleum exploration, signaling that the war with Iraq has made access to Iraqi oil a reality for United States oil companies. (5) The CEO of the Hunt Oil Company is a major campaign contributor for President Bush, including a $35 million contribution to the Bush Presidential Library. He has twice been appointed to a seat on the President's Foreign Intelligence Advisory Board. At the invitation of the then Halliburton CEO, Richard Cheney, he served on the Halliburton Board of Directors. (6) The Hunt Oil deal is now part of an internal investigation by the Department of State. (7) News reports indicate that former Assistant Secretary of Defense, Richard Perle, has been pursuing oil-drilling contracts with Iraq's Kurdistan Regional Government. Mr. Perle served as chairman of the Defense Policy Advisory Committee during the run up to the war in Iraq. He was an influential advisor to the Department of Defense between 2001 and 2003 and is credited with being an early advocate of invading Iraq and as an Iraq war architect. Mr. Perle resigned from his chairmanship on March 28, 2003, just after the United States invasion of Iraq, amid controversy that there existed the potential for his business interests to profit from the war in Iraq. (8) The Department of State recently led a team of United States advisers who helped the Iraq Oil Ministry negotiate technical service contracts to help with oil production. A lobbyist representing efforts oil-friendly policies has called these contracts ``a chance to get a foot in the door with regards to future Iraqi [oil] production''. (9) The Hunt Oil deal, the reported actions by Richard Perle and speculation by United States oil interests undercuts the stated United States policy of ``revenue sharing''. (10) Certain Iraqis and analysts have concluded that the ``hydrocarbon act'' is in fact a privatization scheme to ensure control of Iraq oil by foreign oil companies. (11) Certain Iraqis and analysts have concluded that the ``hydrocarbon act'' is in fact a privatization scheme to ensure control of Iraq oil by foreign oil companies. SEC. 3. PROHIBITIONS ON CERTAIN ACTIVITIES RELATING TO THE PETROLEUM RESOURCES OF IRAQ. (a) In General.--The following shall be unlawful: (1) The entry into or the performance by a United States person, or the approval by a United States person of the entry into or the performance by an entity owned, controlled, or operated by such United States person, of-- (A) a contract that includes overall supervision or management responsibility for the development of petroleum resources located in Iraq; or (B) a guaranty of anther person's performance under such a contract. (2) The entry into or the performance by a United States person, or the approval by a United States person of the entry into or the performance by an entity owned, controlled, or operated by such United States person, of-- (A) a contract for the financing of the development of petroleum resources located in Iraq; or (B) a guaranty of another person's performance under such a contract. (3) Any investment by a United States person in the petroleum resources located in Iraq. (4) Any transaction by any United States person that evades, avoids, or violates, has the purpose of evading, avoiding, or violating, or attempts to evade, avoid, or violate, any of the prohibitions described in paragraphs (1), (2), and (3). (b) Penalties.--A violation of subsection (a) shall be punishable by not more than ten years imprisonment and a fine of not more than $1,100,000. (c) Effective Date.--This Act shall take effect on the date of the enactment of this Act and shall apply with respect to activities prohibited under subsection (a) that were entered into on or after March 20, 2003, except that if a United States person, not later than the date that is 30 days after the date of the enactment of this Act, verifiably terminates such activities, such person shall not be subject to the penalties specified in subsection (b). (d) Definitions.--In this Act: (1) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, or other organization organized under the laws of the United States. (2) Investment.--The term ``investment'' means any of the following activities if any of such activities is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Iraq or a nongovernmental entity in Iraq: (A) The entry into a contract that includes responsibility for the development of petroleum resources located in Iraq or the entry into a contract providing for the general supervision and guarantee of another person's performance of such a contract. (B) The purchase of a share of ownership, including an equity interest, in the development described in subparagraph (A). (C) The entry into a contract providing for the participation in royalties, earnings, or profits in such development. The term ``investment'' does not include the entry into or the performance or financing of a contract to sell or purchase goods, services, or technology. (3) Iraq.--The term ``Iraq'' means the land territory claimed by Iraq and any other area over which Iraq claims sovereignty, sovereign rights or jurisdiction, including the territorial sea, exclusive economic zone, and continental shelf claimed by Iraq. (4) Person.--The term ``person'' means an individual or an entity. (5) Petroleum resources.--The term ``petroleum resources'' means any petroleum, petroleum products, or natural gas originating in Iraq, including any Iraqi-origin oil inventories, wherever located. (6) United states person.--The term ``United States person'' means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States.
Oil for Iraq Liberation Act of 2008 - Prohibits: (1) the entry into or the performance by a U.S. person or an entity owned or controlled by such person of a contract that includes overall management responsibility for petroleum development in Iraq, a contract for financing petroleum development in Iraq, or the guaranty of another person's performance under either such contract; (2) any investment by such person in Iraq's petroleum resources; and (3) any transaction by such person that evades or violates such prohibitions. Sets forth penalties for violation of such prohibitions. Defines specified terms.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Student Dropout Prevention and Recovery Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Lowering the student dropout rate is one of the most significant challenges facing educators today. Students must stay in school in order to receive the education they need to succeed in the new economy and contribute fully to American society. (2) The ability of local educational agencies to lower the student dropout rate has been inhibited by the lack of focus at the Federal level and the limited availability of appropriate dropout prevention-focused curriculum, instruction, professional development, and administrative support services. (3) According to the National Dropout Prevention Network, it is at the local and community level where school improvements and change occur that will eventually have an impact on the graduation rate of students. The focus of these efforts should be concentrated on the most successful strategies that research has identified as having an impact on increasing the graduation rate. These strategies encompass-- (A) systemic renewal; (B) community collaboration; (C) professional development; (D) family involvement; (E) early childhood education; (F) reading and writing programs; (G) individualized instruction; (H) instructional technologies; (I) mentoring and tutoring; (J) service learning; (K) learning styles and multiple intelligences; (L) violence prevention and conflict resolution; (M) career education and workforce readiness; (N) out-of-school experiences; and (O) alternative public schooling. (4) The National Dropout Prevention Network has found that the strategies described in paragraph (3) have been successful in all school levels from K-12 in rural, suburban, or urban centers. When schools or school districts develop a program improvement plan that encompasses most or all of these strategies, positive outcomes will result. (5) It is necessary to develop a number of model dropout prevention programs to fully develop the effective strategies listed above into comprehensive dropout prevention programs. These model programs should be used as examples by schools across the country that wish to implement similar programs. Subsequently, a nationwide dropout prevention program, in order to be effective, should be based on these model programs. (6) Dropout prevention and recovery programs which are proven to be successful in lowering dropout rates need to be disseminated to school and community leaders willing to adapt and support these innovative programs in their schools and community. SEC. 3. SCHOOL DROPOUT PREVENTION GRANT PROGRAMS. Part C of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7261 et seq.) is amended to read as follows: ``PART C--SCHOOL DROPOUT PREVENTION GRANT PROGRAMS ``Subpart 1--Model School Dropout Prevention Grant Program ``SEC. 5311. AUTHORIZATION. ``(a) In General.--The Director of the Office of Dropout Prevention and Program Completion shall award grants to public elementary schools, middle schools, and secondary schools that have established and are carrying out school dropout prevention programs to provide those schools with additional resources to develop such programs further, develop methods to assist other schools to implement similar programs, and provide for research on the effects of such programs on the student populations of the schools involved. ``(b) Duration.--A grant under subsection (a) shall be awarded for a period of not more than 5 years. A school that desires to continue to receive funding for the purposes described in subsection (a) shall apply for a grant under the national school dropout prevention grant program under subpart 2. ``SEC. 5312. REQUIRED ACTIVITIES. ``A school that receives a grant under section 5311 shall use amounts under the grant to establish and carry out, or further develop, school dropout prevention programs, intervention programs, and recovery programs, including as many of the following activities as possible: systemic renewal, community and family participation, professional development, early childhood education, reading and writing programs, alternative public schooling, individualized instruction, use of instructional technologies, mentoring and tutoring, service learning, instruction that recognizes that students learn in different ways (commonly referred to as `learning styles instruction'), violence prevention and conflict resolution, career education and workforce readiness, out-of-school experiences, and a comprehensive plan for dropout prevention. ``SEC. 5313. APPLICATION; SELECTION OF SCHOOLS; FISCAL AGENT. ``(a) Application.-- ``(1) In general.--Each school desiring a grant under section 5311 shall submit an application, after review by the local educational agency of the school, to the Director at such time, in such manner, and accompanied by such information as the Director may require. ``(2) Contents.--A school desiring a grant under section 5311 shall submit an application, through the local educational agency of the school under paragraph (1), that contains a description of the current dropout prevention program of the school. ``(b) Selection of Schools.-- ``(1) Limitation.--The Director may award grants to not more than 20 schools under section 5311. Such schools shall have demonstrated success in establishing and carrying out activities described in section 5312. ``(2) Allocation.--Grants awarded under section 5311 shall be allocated among schools that meet the following requirements: ``(A) 4 elementary schools that have established and are carrying out early childhood education programs. ``(B) 4 secondary schools that have established and are carrying out academic intervention programs and mediation programs. ``(C) 4 secondary schools that have established and are carrying out intervention programs and recovery programs. ``(D) 4 schools (either elementary, middle, or secondary) that are located in rural school districts and that have demonstrated success in establishing and carrying out 12 or more of the activities described in section 5312. ``(E) 4 schools (either elementary, middle, or secondary) that are located in urban school districts and that have demonstrated success in establishing and carrying out all of the activities described in section 5312. ``(3) Priority.--In awarding grants under section 5311, the Director shall give priority to schools that have demonstrated success in establishing and carrying out the highest number of activities described in section 5312. ``(c) Fiscal Agent.--The local educational agency of the school shall act as the fiscal agent for the school and shall accept and administer the grant awarded to the school under section 5311, except that all funds shall be expended at the school level. ``Subpart 2--National School Dropout Prevention Grant Program ``SEC. 5321. AUTHORIZATION. ``(a) In General.--Beginning in the third year of the Model School Dropout Prevention Grant Program under subpart 1, the Director of the Office of Dropout Prevention and Program Completion shall award grants to public elementary schools, middle schools, and secondary schools to enable the schools to implement, or further carry out, effective, sustainable, and coordinated school dropout prevention programs. ``(b) Duration.--A grant under subsection (a) shall be awarded for a period of not less than 2 years but not more than 5 years. ``SEC. 5322. REQUIRED ACTIVITIES. ``A school that receives a grant under section 5321 shall use amounts under the grant to establish and carry out, or further develop, school dropout prevention programs, intervention programs, and recovery programs, including as many of the following activities as possible: systemic renewal, community and family participation, professional development, early childhood education, reading and writing programs, alternative public schooling, individualized instruction, use of instructional technologies, mentoring and tutoring, service learning, instruction that recognizes that students learn in different ways (commonly referred to as `learning styles instruction'), violence prevention and conflict resolution, career education and workforce readiness, out-of-school experiences, and a comprehensive plan for dropout prevention. ``SEC. 5323. APPLICATION; SELECTION OF SCHOOLS; FISCAL AGENT. ``(a) Application.--Each school desiring a grant under section 5321 shall submit an application, after review by the local educational agency of the school, to the Director at such time, in such manner, and accompanied by such information as the Director may require. ``(b) Selection of Schools.--The Director shall establish clear and specific selection criteria for awarding grants to schools under section 5321, including the number of grants to award and the type of schools to be awarded grants. Such criteria shall be based on school dropout rates and other relevant factors, such as the quality of the existing or proposed dropout prevention program, the number of students who are dropouts, the number of students who are eligible to receive free or reduced price lunches under the Richard B. Russell National School Lunch Act, the number of students who are below their grade level in basic skills, the number of students who are involved in family court or the juvenile justice system, and the number of students who are teen mothers. ``(c) Fiscal Agent.--The local educational agency of the school shall act as the fiscal agent for the school and shall accept and administer the grant awarded to the school under section 5321, except that all funds shall be expended at the school level. ``Subpart 3--Additional Requirements for Model and National Dropout Prevention Grant Program ``SEC. 5331. DISSEMINATION ACTIVITIES. ``Each school that receives a grant under section 5311 or 5321, or the local educational agency of the school, shall provide information and technical assistance, including presentations, document-sharing, and joint staff development, to other schools within their school district and to other schools in their State that are desiring to receive grants under section 5311 or 5321, as the case may be. ``SEC. 5332. SCHOOL DROPOUT RATE CALCULATION. ``For purposes of calculating a school dropout rate under subparts 1 and 2, a school shall use-- ``(1) the annual event school dropout rate for students leaving a school in a single year determined in accordance with the National Center for Education Statistics' Common Core of Data, if available; ``(2) the standard method used by the State agency; or ``(3) in other cases, a standard method for calculating the school dropout rate as determined by the Director. ``SEC. 5333. REPORTING AND ACCOUNTABILITY. ``(a) Reporting.--In order to receive funding under subpart 1 or 2 for a fiscal year after the first fiscal year a school receives funding under subpart 1 or 2, as the case may be, the school shall provide, on an annual basis, to the Director a report regarding the status of the implementation of activities funded under subpart 1 or 2 and certification of progress from the eligible entity whose strategies the school is implementing. ``(b) Accountability.--On the basis of the reports submitted under subsection (a), the Director shall evaluate the effect of the activities assisted under subpart 1 or 2, as the case may be, on school dropout prevention compared to a control group, to the extent practicable. ``Subpart 4--National Clearinghouse on Effective School Dropout Prevention ``SEC. 5341. ESTABLISHMENT OF NATIONAL CLEARINGHOUSE. ``Not later than 6 months after the date of enactment of this part, the Director shall establish a national clearinghouse on effective school dropout prevention, intervention programs, and reentry programs. The clearinghouse shall be established through a competitive grant or contract awarded to an organization with a demonstrated capacity to provide technical assistance and disseminate information in the area of school dropout prevention, intervention programs, and reentry programs. The clearinghouse shall-- ``(1) collect and disseminate to educators, parents, and policymakers information on research, effective programs, best practices, and available Federal resources with respect to school dropout prevention, intervention programs, and reentry programs, including dissemination by an electronically accessible database, a worldwide Web site, and a national journal; ``(2) provide technical assistance regarding securing resources with respect to, and designing and implementing, effective and comprehensive school dropout prevention, intervention programs, and reentry programs; and ``(3) provide professional development opportunities through workshops, seminars, and institutes for educators and program providers responsible for planning, implementing, and evaluating comprehensive school dropout prevention, intervention programs, and recovery programs. ``Subpart 5--Definitions; Authorization of Appropriations ``SEC. 5351. DEFINITIONS. ``In this part: ``(1) Director.--The term `Director' means the Director of the Office of Dropout Prevention and Program Completion established under section 218 of the General Education Provisions Act. ``(2) Intervention programs.--The term `intervention programs' means programs or strategies that are designed to improve academic or personal problems of students that negatively affect the students' performance or ability to remain in school and graduate from school with a diploma. ``(3) Prevention programs.--The term `prevention programs' means programs that anticipate, forestall, or relate to cognitive, social, or personal problems of students before such problems impair a student's ability to perform in school. ``(4) Recovery programs.--The term `recovery programs' means programs or strategies designed to offer another schooling option to an individual who has dropped out of school. ``(5) School dropout.--The term `school dropout' has the meaning given the term in section 4(17) of the School-to-Work Opportunities Act of 1994. ``SEC. 5352. AUTHORIZATION OF APPROPRIATIONS. ``(a) Subpart 1.--There are authorized to be appropriated to carry out subpart 1 such sums as may be necessary for fiscal year 2002 and for each of the 4 succeeding fiscal years. ``(b) Subpart 2.--There are authorized to be appropriated to carry out subpart 2 such sums as may be necessary for fiscal year 2004 and for each of the 4 succeeding fiscal years. ``(c) Subpart 4.--There are authorized to be appropriated to carry out subpart 4 such sums as may be necessary for fiscal year 2002 and for each of the 4 succeeding fiscal years.''. SEC. 4. OFFICE OF DROPOUT PREVENTION AND PROGRAM COMPLETION. (a) Establishment.--Title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the end the following: ``office of dropout prevention and program completion ``Sec. 220. (a) Establishment.--There shall be in the Department of Education an Office of Dropout Prevention and Program Completion (hereafter in this section referred to as the `Office'), to be administered by the Director of the Office of Dropout Prevention and Program Completion. The Director of the Office shall report directly to the Under Secretary of Education and shall perform such additional functions as the Under Secretary may prescribe. ``(b) Duties.--The Director of the Office of Dropout Prevention and Program Completion (hereafter in this section referred to as the `Director'), through the Office, shall-- ``(1) help coordinate Federal, State, and local efforts to lower school dropout rates and increase program completion by elementary, middle, and secondary school students; ``(2) recommend Federal policies, objectives, and priorities to lower school dropout rates and increase program completion; ``(3) oversee the implementation of subparts 1 and 2 of part C of title V of the Elementary and Secondary Education Act of 1965; ``(4) annually prepare and submit to Congress and the Secretary a national report describing efforts and recommended actions regarding school dropout prevention and program completion; ``(5) recommend action to the Secretary and the President, as appropriate, regarding school dropout prevention and program completion; and ``(6) consult with and assist State and local governments regarding school dropout prevention and program completion. ``(c) Scope of Duties.--The scope of the Director's duties under subsection (b) shall include examination of all Federal and non-Federal efforts related to-- ``(1) promoting program completion for children attending elementary, middle, or secondary school; ``(2) programs to obtain a secondary school diploma or its recognized equivalent (including general equivalency diploma (GED) programs); and ``(3) reentry programs for individuals aged 12 to 24 who are out of school. ``(d) Detailing.--In carrying out the Director's duties under this section, the Director may request the head of any Federal department or agency to detail personnel who are engaged in school dropout prevention activities to another Federal department or agency in order to implement the National School Dropout Prevention Strategy.''. (b) Conforming Amendment.--The table of contents of the Department of Education Organization Act (20 U.S.C. 3401 note) is amended by inserting after the item relating to section 217 the following new item: ``Sec. 220. Office of Dropout Prevention and Program Completion.''.
National Student Dropout Prevention and Recovery Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to revise, reauthorize, and rename title V part C (Assistance to Address School Dropout Prevention Problems, also currently known as the School Dropout Assistance Act) as School Dropout Prevention Grant Programs.Requires the Director of the Office of Dropout Prevention and Program Completion (established by this Act in the Department of Education) to carry out provisions for: (1) a model school dropout prevention grant program; (2) a national school dropout prevention grant program; and (3) a national clearinghouse on effective school dropout prevention, intervention programs, and reentry programs.Amends the Department of Education Organization Act to establish an Office of Dropout Prevention and Program Completion, to be administered by the Director, who shall report directly to the Under Secretary of Education.
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SECTION 1. AVAILABILITY OF FREE BROADCAST TIME. Title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by inserting after section 315 the following new section: ``free broadcast time for senate candidates ``Sec. 315A. (a) In addition to broadcast time that a licensee makes available to a candidate under section 315(a), a television station licensee shall make available at no charge, for allocation to Senate candidates within its broadcast area under section 503 of the Federal Election Campaign Act of 1971, 3 hours of broadcast time during a prime time access period described in section 501 of that Act to each Senatorial campaign committee designated under section 502 of that Act. ``(b) An appearance by a candidate on a news or public service program at the invitation of a television station or other organization that presents such a program shall not be counted toward time made available pursuant to subsection (a).''. SEC. 2. ALLOCATION BY SENATORIAL CAMPAIGN COMMITTEES. The Federal Election Campaign Act of 1971 (2 U.S.C. 301 et seq.) is amended by adding at the end thereof the following new title: ``TITLE V--DISSEMINATION OF POLITICAL INFORMATION ``SEC. 501. DEFINITIONS. ``For the purposes of this title-- ``(1) the term `free broadcast time' means time provided by a television station during a prime time access period pursuant to section 315A of the Communications Act of 1934; ``(2) the term `major party' means a political party whose candidate the Senate in a State placed first or second in the number of popular votes received in either of the 2 most recent general elections; ``(3) the term `minor party' means a political party other than a major party-- ``(A) whose candidate for the Senate in a State received more than 5 percent of the popular vote in the most recent general election; or ``(B) which files with the Commission, not later than 90 days before the date of a general or special election in a State, the number of signatures of registered voters in the State that is equal to 5 percent of the popular vote for the office of Senator in the most recent general or special election in the State; ``(4) the term `prime time access period' means the time between 7:30 p.m. and 8:00 p.m. of a weekday during the period beginning on the date that is 60 days before the date of a general election or special election for the Senate and ending on the day before the date of the election; and ``(5) the term `Senatorial campaign committee' means the committee of a political party designated under section 602. ``SEC. 502. DESIGNATION OF SENATORIAL CAMPAIGN COMMITTEES. ``(a) Application.--(1)(A) The national committee of a major party or minor party that has established a committee for the specific purpose of providing support to candidates for the Senate may file with the Commission an application for designation of that committee as the Senatorial campaign committee of that political party for the purposes of this title. ``(B) The national committee of a major party or minor party that has not established a committee for the specific purpose of providing support to candidates for the Senate may file with the Commission an application for designation of the national committee as the Senatorial campaign committee of that political party for the purposes of this title. ``(2) An application under paragraph (1) shall be in such form as the Commission may require and shall include a certification by the applicant that the Senatorial campaign committee will-- ``(A) allocate free broadcast time in accordance with section 503 to candidates for the Senate in general and special elections in which at least 1 other candidate for the Senate have qualified for the general election ballot; ``(B) keep and furnish to the Commission any books, records, or other information it may request; and ``(C) cooperate in any audit by the Commission. ``(3) The Commission shall determine whether to approve or deny an application under this section not later than 7 days after receipt. ``(b) If the Commission makes a determination to deny an application under this section, the applicant shall be afforded a hearing with respect to the determination in accordance with section 554 of title 5, United States Code. ``SEC. 503. ALLOCATION AND USE OF FREE BROADCAST TIME. ``(a) Allocation.--A Senatorial campaign committee of a political party shall allocate free broadcast time made available by a television station licensee under section 315A of the Communications Act of 1934 among the candidates of that party for the Senate in the licensee's broadcast area. ``(b) Use.--A Senatorial campaign committee shall ensure that-- ``(1) free broadcast time is used in a manner that promotes a rational discussion and debate of issues with respect to the elections involved; ``(2) in programs in which free broadcast time is used, not more than 25 percent of the time of the broadcast shall consist of presentations other than a candidate's own remarks; ``(3) free broadcast time is used in segments of not less than 1 minute; and ``(4) not more than 15 minutes of free broadcast time is used by any 1 candidate in a 24-hour period. ``SEC. 504. REPORTS TO CONGRESS. ``The Commission shall submit to Congress, not later than June 1 of each year that follows a year in a general election for the Senate is held, a report setting forth the amount of free broadcast time allocated to candidates under section 503. ``SEC. 505. PARTICIPATION BY COMMISSION IN JUDICIAL PROCEEDINGS. ``(a) In General.--The Commission may appear in any action filed under this section, either by attorneys employed in its office or by counsel whom it may appoint without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and title III of chapter 53 of that title. ``(b) Enforcement.--The Commission may petition a district court of the United States for declaratory or injunctive relief concerning any civil matter arising under this title, through attorneys and counsel described in subsection (a). ``(c) Appeals.--The Commission may, on behalf of the United States, appeal from, and petition the Supreme Court of the United States for certiorari to review, a judgment or decree entered with respect to an action in which it appeared pursuant to this section.''.
Amends the Communications Act of 1934 to require television stations to make three hours of broadcast time during a prime time access period available at no charge to each Senatorial campaign committee of a political party. Amends the Federal Election Campaign Act of 1971 to provide for the designation of such committees and the allocation by them of the free broadcast time among the party candidates.
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SECTION 1. FINDINGS. Congress finds the following: (1) In 1941, President Franklin D. Roosevelt overruled his top generals and ordered the creation of an all Black flight training program. President Roosevelt took this action one day after the NAACP filed suit on behalf of Howard University student Yancy Williams and others in Federal court to force the Department of War to accept Black pilot trainees. Yancy Williams had a civilian pilot's license and had earned an engineering degree. Years later, Major Yancy Williams participated in an air surveillance project created by President Dwight D. Eisenhower. (2) Due to the rigid system of racial segregation that prevailed in the United States during World War II, Black military pilots were trained at a separate airfield built near Tuskegee, Alabama. They became known as the ``Tuskegee Airmen''. (3) The Tuskegee Airmen inspired revolutionary reform in the Armed Forces, paving the way for full racial integration in the Armed Forces. They overcame the enormous challenges of prejudice and discrimination, succeeding, despite obstacles that threatened failure. (4) From all accounts, the training of the Tuskegee Airmen was an experiment established to prove that so-called ``coloreds'' were incapable of operating expensive and complex combat aircraft. Studies commissioned by the Army War College between 1924 and 1939 concluded that Blacks were unfit for leadership roles and incapable of aviation. Instead, the Tuskegee Airmen excelled. (5) Overall, some 992 Black pilots graduated from the pilot training program of the Tuskegee Army Air Field, with the last class finishing in June 1946, 450 of whom served in combat. The first class of cadets began in July 1941 with 13 airmen, all of whom had college degrees, some with Ph.D.'s, and all of whom had pilot's licenses. One of the graduates was Captain Benjamin O. Davis Jr., a United States Military Academy graduate. Four aviation cadets were commissioned as second lieutenants, and 5 received Army Air Corps silver pilot wings. (6) That the experiment achieved success rather than the expected failure is further evidenced by the eventual promotion of 3 of these pioneers through the commissioned officer ranks to flag rank, including the late General Benjamin O. Davis, Jr., United States Air Force, the late General Daniel ``Chappie'' James, United States Air Force, our Nation's first Black 4-star general, and Major General Lucius Theus, United States Air Force (retired). (7) Four hundred fifty Black fighter pilots under the command of then Colonel Benjamin O. Davis, Jr., fought in World War II aerial battles over North Africa, Sicily, and Europe, flying, in succession, P-40, P-39, P-47, and P-51 aircraft. These gallant men flew 15,553 sorties and 1,578 missions with the 12th Tactical Air Force and the 15th Strategic Air Force. (8) Colonel Davis later became the first Black flag officer of the United States Air Force, retired as a 3-star general, and was honored with a 4th star in retirement by President William J. Clinton. (9) German pilots, who both feared and respected the Tuskegee Airmen, called them the ``Schwartze Vogelmenshen'' (or ``Black Birdmen''). White American bomber crews reverently referred to them as the ``Black Redtail Angels'', because of the bright red painted on the tail assemblies of their fighter aircraft and because of their reputation for not losing bombers to enemy fighters as they provided close escort for bombing missions over strategic targets in Europe. (10) The 99th Fighter Squadron, after having distinguished itself over North Africa, Sicily, and Italy, joined 3 other Black squadrons, the 100th, the 301st, and the 302nd, designated as the 332nd Fighter Group. They then comprised the largest fighter unit in the 15th Air Force. From Italian bases, they destroyed many enemy targets on the ground and at sea, including a German destroyer in strafing attacks, and they destroyed numerous enemy aircraft in the air and on the ground. (11) Sixty-six of these pilots were killed in combat, while another 32 were either forced down or shot down and captured to become prisoners of war. These Black airmen came home with 150 Distinguished Flying Crosses, Bronze Stars, Silver Stars, and Legions of Merit, one Presidential Unit Citation, and the Red Star of Yugoslavia. (12) Other Black pilots, navigators, bombardiers and crewman who were trained for medium bombardment duty as the 477th Bomber Group (Medium) were joined by veterans of the 332nd Fighter Group to form the 477th Composite Group, flying the B-25 and P-47 aircraft. The demands of the members of the 477th Composite Group for parity in treatment and for recognition as competent military professionals, combined with the magnificent wartime records of the 99th Fighter Squadron and the 332nd Fighter Group, led to a review of the racial policies of the Department of War. (13) In September 1947, the United States Air Force, as a separate service, reactivated the 332d Fighter Group under the Tactical Air command. Members of the 332d Fighter Group were ``Top Guns'' in the 1st annual Air Force Gunnery Meet in 1949. (14) For every Black pilot there were 12 other civilian or military Black men and women performing ground support duties. Many of these men and women remained in the military service during the post-World War II era and spearheaded the integration of the Armed Forces of the United States. (15) Major achievements are attributed to many of those who returned to civilian life and earned leadership positions and respect as businessmen, corporate executives, religious leaders, lawyers, doctors, educators, bankers, and political leaders. (16) A period of nearly 30 years of anonymity for the Tuskegee Airmen was ended in 1972 with the founding of Tuskegee Airmen, Inc., in Detroit, Michigan. Organized as a non-military and nonprofit entity, Tuskegee Airmen, Inc., exists primarily to motivate and inspire young Americans to become participants in our Nation's society and its democratic process, and to preserve the history of their legacy. (17) The Tuskegee Airmen have several memorials in place to perpetuate the memory of who they were and what they accomplished, including-- (A) the Tuskegee Airmen, Inc., National Scholarship Fund for high school seniors who excel in mathematics, but need financial assistance to begin a college program; (B) a museum in historic Fort Wayne in Detroit, Michigan; (C) Memorial Park at the Air Force Museum at Wright-Patterson Air Force Base in Dayton, Ohio; (D) a statue of a Tuskegee Airman in the Honor Park at the United States Air Force Academy in Colorado Springs, Colorado; and (E) a National Historic Site at Moton Field, where primary flight training was performed under contract with the Tuskegee Institute. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to award to the Tuskegee Airmen, on behalf of Congress, a gold medal of appropriate design honoring the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medals authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Passed the Senate October 4, 2005. Attest: EMILY J. REYNOLDS, Secretary.
Authorizes the President, on behalf of Congress, to award a gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``TIFIA Expansion Act of 2011''. SEC. 2. TIFIA FUNDING OF QUALIFIED TRANSIT CAPITAL PROJECTS. (a) Definition of Master Credit Agreement.--Section 601(a) of title 23, United States Code, is amended-- (1) in paragraph (8)-- (A) by striking ``and'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``and;''; and (C) by adding at the end the following: ``(E) a project or program of related projects that-- ``(i) is for the design, acquisition, construction, or rehabilitation of one or more transportation projects that reduces emissions of greenhouse gases or has a positive impact on congestion; and ``(ii) receives not more than 30 percent of its funding for capital costs from Federal grant funds made available under this title or chapter 53 of title 49, United States Code.''; and (2) by adding at the end the following: ``(15) Master credit agreement.--The term `master credit agreement' means an agreement entered into by and between the Secretary and an obligor for a project defined in paragraph (9)(E) that-- ``(A) makes contingent commitments of one or more secured loans or other Federal credit instruments at future dates; ``(B) establishes the amounts and general terms and conditions of such secured loans or other Federal credit instruments; ``(C) identifies the dedicated revenue sources that will secure the repayment of such secured loans or other Federal credit instruments; and ``(D) provides for the obligation of funds for such secured loans or other Federal credit instruments after all requirements under section 602(c) have been met for the project, including compliance with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 432i et seq.).''. (b) Eligibility and Eligible Projected Costs.--Section 602(a) of title 23, United States Code, is amended-- (1) in paragraph (1) by adding before the period at the end the following: ``(1) , including, in the case of a master credit agreement, at such time as the disbursement of loan proceeds or the provision of other credit assistance pursuant to the master credit agreement''; and (2) in paragraph 3-- (A) by striking ``subparagraph (B)'' in subparagraph (A) and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following: ``(C) Mega transportation projects.--In the case of a project defined in section 601(a)(8)(E), eligible project costs shall be reasonably anticipated to equal or exceed $1,000,000,000.''. (c) Secured Loans.--Section 603(b)-- (1) in paragraph (2) of title 23, United States Code, is amended by striking ``33 percent'' and inserting ``49 percent''; (2) in paragraph (4)-- (A) by striking ``The interest rate'' and inserting the following: ``(A) In general.--The interest rate''; and (B) by adding at the end the following new subparagraph: ``(B) Reduction in interest rate.-- ``(i) In general.--If the Secretary determines that the interest rate described under subparagraph (A) has increased by more than 1 percent between the time the Secretary signs the master credit agreement and the time at which the secured loan is made with respect to a project that is the subject of such master credit agreement, the Secretary may allow the interest rate on the secured loan to be up to-- ``(I) 1 percent lower than subparagraph (A) allows; or ``(II) for a secured loan being made with respect to a project that is certified by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, as only using clean construction equipment, 1.5 percent lower than subparagraph (A) allows. ``(ii) Clean construction equipment defined.--For purposes of this subparagraph, the term `clean construction equipment' means nonroad construction vehicles or equipment powered by diesel engines that-- ``(I) are certified to meet the Environmental Protection Agency's Tier 4 nonroad engine fine particulate emission standards, published in the Federal Register on June 29, 2004 (69 Fed. Reg. 38958); or ``(II) achieve through other means a particulate matter emission reduction of 85 percent or more from uncontrolled engine emission levels.''; and (3) in paragraph (6) by inserting before the period the following: ``, except that when making a secured loan, the Secretary may waive the application of this paragraph with respect to the loan if the amount of the loan does not exceed 33 percent of the reasonably anticipated eligible project costs and the loan is secured by tax revenue''. (d) Lines of Credit.--Section 604(b)(2) of title 23, United States Code, is amended by striking ``33 percent'' and inserting ``49 percent''. (e) Funding.--Section 608(a) of title 23, United States Code, is amended-- (1) in paragraph (1) by striking ``$122,000,000 for each of fiscal years 2005 through 2009'' and inserting ``$375,000,000 for each of fiscal years 2011 through 2015''; and (2) in paragraph (3) by striking ``$2,200,000 for each of fiscal years 2005 through 2009'' and inserting ``$5,000,000 for each of fiscal years 2011 through 2015''. (f) Certain Unobligated Balances.--With respect to a secured loan made pursuant to chapter 6 of title 23, United States Code, only unobligated balances provided to carry out such chapter that were appropriated for a fiscal year prior to the fiscal year in which such secured loan is made, and which remain available, may be used to carry out the authority granted to the Secretary of Transportation by the amendment made by subsection (c)(2)(B). (g) Conforming Amendment.--Section 603(a)(1) of title 23, United States Code, is amended by inserting after ``into agreements'' the following: ``, including master credit agreements,''.
TIFIA Expansion Act of 2011 - Revises Transportation Infrastructure Finance and Innovation Act (TIFIA) program requirements to make eligible for TIFIA funding any projects that: (1) are for the design, acquisition, construction, or rehabilitation of one or more transportation projects that reduce emissions of greenhouse gases or have a positive impact on traffic congestion; and (2) receive not more than 30% of their funding for capital costs from federal public transportation grant funds. Defines "master credit agreement" as one entered into between the Secretary of Transportation (DOT) and an obligor for such projects that: (1) makes contingent commitments of one or more secured loans or other federal credit instruments at future dates, (2) establishes the amounts and general terms and conditions of such loans or other instruments as well as identifies dedicated revenue sources that will secure their repayment, and (3) provides for the obligation of funds for the loans or other instruments after certain federal requirements have been met. Requires such projects to meet certain planning and programming requirements (as under current law) at the time that loan proceeds are disbursed or other credit assistance is provided pursuant to the master credit agreement. Makes projects with eligible costs reasonably anticipated to equal or exceed $1 billion (mega transportation projects) eligible for federal transportation infrastructure funding. Revises terms of secured loans and lines of credit used to finance certain transportation infrastructure projects to increase the maximum loan amount for such projects from the lesser of 33% to the lesser of 49% of the reasonably anticipated eligible project costs or (as under current law), if the loan does not receive an investment grade rating, the amount of the senior project obligations. Authorizes the Secretary to allow a 1% reduction in the interest rate for such loans if the ordinary interest rate has increased by more than 1% between the time the Secretary signs the master credit agreement and the time at which the secured loan is made with respect to a project that is the subject of the master credit agreement. Allows a 1.5% reduction in the interest rate for a secured loan with respect to a project only using clean construction equipment. Defines "clean construction equipment" as nonroad construction vehicles or equipment powered by diesel engines that: (1) are certified to meet Environmental Protection Agency's (EPA) Tier 4 nonroad engine fine particulate emission standards, or (2) achieve through other means a particulate matter emission reduction of 85% or more from uncontrolled engine emission levels. Authorizes the Secretary to waive the prohibition against subordination of secured loans to the claims of a holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor, but only if the loan amount does not exceed 33% of the reasonably anticipated eligible project costs and the loan is secured by tax revenue.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Security for American Consumers Act of 2001''. SEC. 2. EXTENSION OF CREDIT FOR PRODUCING FUEL FROM A NONCONVENTIONAL SOURCE. (a) Extension of Credit.--Subsection (f) of section 29 of the Internal Revenue Code of 1986 (relating to credit for producing fuel from a nonconventional source) is amended-- (1) in paragraph (1)(A), by inserting before ``or'' the following: ``or from a well drilled after December 30, 2000, and before January 1, 2012,'', (2) in paragraph (1)(B), by inserting before ``and'' at the end the following: ``or placed in service after December 30, 2000, and before January 1, 2012,'', and (3) by striking paragraph (2) and inserting the following: ``(2) which are-- ``(A) sold before January 1, 2003, in the case of wells drilled or facilities placed in service before January 1, 1993, and ``(B) sold before January 1, 2014, in the case of wells drilled or facilities placed in service before January 1, 2012.''. (b) Reduction in Amount of Credit by 20 Percent Per Year Starting in 2010.--Subsection (a) of section 29 of such Code is amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to-- ``(A) the applicable amount, multiplied by ``(B) the barrel-of-oil equivalent of qualified fuels-- ``(i) sold by the taxpayer to an unrelated person during the taxable year, and ``(ii) the production of which is attributable to the taxpayer. ``(2) Applicable amount.--For purposes of paragraph (1), the applicable amount is the amount determined in accordance with the following table: ``In the case of taxable The applicable amount years beginning in calendar year: is: 2002 to 2011......................... $3.00 2012................................. $2.60 2013................................. $2.00 2014................................. $1.40 2015................................. $0.80 2016 and thereafter.................. $0.00.'' (c) Credit Allowed Against Both Regular Tax and Alternative Minimum Tax.--Paragraph (6) of section 29(b) of such Code is amended to read as follows: ``(6) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than subpart C and this section) and under section 1397E.'' (d) Qualified Fuels To Include Heavy Oil.--Subsection (c) of section 29 of such Code (defining qualified fuels) is amended-- (1) in paragraph (1), by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) heavy oil, as defined in section 613A(c)(6)(7).'', and (2) by adding at the end the following new paragraph: ``(4) Special rule for heavy oil.--Heavy oil shall be considered to be a qualified fuel only if it is produced from a well drilled, or in a facility placed in service, after the date of the enactment of the Energy Security for American Consumers Act of 2001, and before January 1, 2012.'' (e) Barrel-of-Oil Equivalent in the Case of Natural Gas.--Paragraph (5) of section 29(d) of such Code is amended by adding at the end the following: ``In the case of natural gas, the term means MCF (determined at standard temperature and pressure).'' (f) Applicability to Certain Facilities.--Paragraph (1) of section 29(g) of such Code is amended to read as follows: ``(1) In general.--In the case of a facility for producing qualified fuels described in subparagraph (B)(ii) or (C) of subsection (c)(1), for purposes of subsection (f)(1)(B), such facility shall be treated as being placed in service before January 1, 1993, if such facility is placed in service before July 1, 1998, pursuant to a binding written contract in effect before January 1, 1997.''. (g) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after December 31, 2001.
Energy Security for American Consumers Act of 2001 - Amends the Internal Revenue Code to extend the production and sales eligibility dates respecting the credit for production of fuel from a nonconventional source.Sets forth a credit phaseout and disallows it as of tax year 2016.Includes certain heavy oil as a qualified fuel.
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SECTION 1. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives. TITLE I--TRANSFER OF EXCESS UNITED STATES NAVAL VESSELS SEC. 101. SHORT TITLE. This title may be cited as the ``Naval Vessel Transfer Act of 2013''. SEC. 102. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS. (a) Transfers by Grant to Mexico.--The President is authorized to transfer to the Government of Mexico the OLIVER HAZARD PERRY class guided missile frigates USS CURTS (FFG-38) and USS MCCLUSKY (FFG-41) on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (b) Transfer by Sale to the Taipei Economic and Cultural Representative Office in the United States.--The President is authorized to transfer the OLIVER HAZARD PERRY class guided missile frigates USS TAYLOR (FFG-50), USS GARY (FFG-51), USS CARR (FFG-52), and USS ELROD (FFG-55) to the Taipei Economic and Cultural Representative Office in the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))) on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (c) Alternative Transfer Authority.--Notwithstanding the authority provided in subsections (a) and (b) and to transfer specific vessels to specific countries, the President is authorized to transfer any vessel named in this title to any country named in this section, subject to the same conditions that would apply for such country under this section, such that the total number of vessels transferred to such country does not exceed the total number of vessels authorized for transfer to such country by this section. (d) Grants Not Counted in Annual Total of Transferred Excess Defense Articles.--The value of a vessel transferred to another country on a grant basis pursuant to authority provided by subsection (a) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (e) Costs of Transfers.--Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)). (f) Repair and Refurbishment in United States Shipyards.--To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that recipient, performed at a shipyard located in the United States. (g) Expiration of Authority.--The authority to transfer a vessel under this section shall expire at the end of the 3-year period beginning on the date of the enactment of this Act. TITLE II--ADDITIONAL PROVISIONS SEC. 201. ENHANCED CONGRESSIONAL OVERSIGHT OF ARMS SALES, INCLUDING TO THE MIDDLE EAST. Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following new subsection: ``(i) Prior Notification of Shipment of Arms.--At least 30 days prior to a shipment of defense articles subject to the requirements of subsection (b) at the joint request of the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives, the President shall provide notification of such pending shipment, in unclassified form, with a classified annex as necessary, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.''. SEC. 202. INCREASE IN ANNUAL LIMITATION ON TRANSFER OF EXCESS DEFENSE ARTICLES. Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended by striking ``$425,000,000'' and inserting ``$500,000,000''. SEC. 203. INTEGRATED AIR AND MISSILE DEFENSE PROGRAMS AT TRAINING LOCATIONS IN SOUTHWEST ASIA. Section 544(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2347c(c)) is amended by adding at the end the following new paragraph: ``(4) The President shall report to the appropriate congressional committees (as defined in section 656(e)) annually on the activities undertaken in the programs authorized under this subsection.''. SEC. 204. LICENSING OF CERTAIN COMMERCE-CONTROLLED ITEMS. Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended by adding at the end the following new subsection: ``(k) Licensing of Certain Commerce-Controlled Items.-- ``(1) In general.--A license or other approval from the Department of State granted in accordance with this section may also authorize the export of items subject to the Export Administration Regulations if such items are to be used in or with defense articles controlled on the United States Munitions List. ``(2) Other requirements.--The following requirements shall apply with respect to a license or other approval to authorize the export of items subject to the Export Administration Regulations under paragraph (1): ``(A) Separate approval from the Department of Commerce shall not be required for such items if such items are approved for export under a Department of State license or other approval. ``(B) Such items subject to the Export Administration Regulations that are exported pursuant to a Department of State license or other approval would remain under the jurisdiction of the Department of Commerce with respect to any subsequent transactions. ``(C) The inclusion of the term `subject to the EAR' or any similar term on a Department of State license or approval shall not affect the jurisdiction with respect to such items. ``(3) Definition.--In this subsection, the term `Export Administration Regulations' means-- ``(A) the Export Administration Regulations as maintained and amended under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or ``(B) any successor regulations.''. SEC. 205. AMENDMENTS RELATING TO REMOVAL OF MAJOR DEFENSE EQUIPMENT FROM UNITED STATES MUNITIONS LIST. (a) Requirements for Removal of Major Defense Equipment From United States Munitions List.--Section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)) is amended by adding at the end the following: ``(5)(A) Except as provided in subparagraph (B), the President shall take such actions as may be necessary to require that, at the time of export or reexport of any major defense equipment listed on the 600 series of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations, the major defense equipment will not be subsequently modified so as to transform such major defense equipment into a defense article. ``(B) The President may authorize the transformation of any major defense equipment described in subparagraph (A) into a defense article if the President-- ``(i) determines that such transformation is appropriate and in the national interests of the United States; and ``(ii) provides notice of such transformation to the chairman of the Committee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate consistent with the notification requirements of section 36(b)(5)(A) of this Act. ``(C) In this paragraph, the term `defense article' means an item designated by the President pursuant to subsection (a)(1).''. (b) Notification and Reporting Requirements for Major Defense Equipment Removed From United States Munitions List.--Section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)), as amended by this section, is further amended by adding at the end the following: ``(6) The President shall ensure that any major defense equipment that is listed on the 600 series of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations, shall continue to be subject to the notification and reporting requirements of the following provisions of law: ``(A) Section 516(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)). ``(B) Section 655 of the Foreign Assistance Act of 1961 (22 U.S.C. 2415). ``(C) Section 3(d)(3)(A) of this Act. ``(D) Section 25 of this Act. ``(E) Section 36(b), (c), and (d) of this Act.''. SEC. 206. AMENDMENT TO DEFINITION OF ``SECURITY ASSISTANCE'' UNDER THE FOREIGN ASSISTANCE ACT OF 1961. Section 502B(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; and (2) by amending paragraph (2)(C) to read as follows: ``(C) any license in effect with respect to the export to or for the armed forces, police, intelligence, or other internal security forces of a foreign country of-- ``(i) defense articles or defense services under section 38 of the Armed Export Control Act (22 U.S.C. 2778); or ``(ii) items listed under the 600 series of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations;''. SEC. 207. AMENDMENTS TO DEFINITIONS OF ``DEFENSE ARTICLE'' AND ``DEFENSE SERVICE'' UNDER THE ARMS EXPORT CONTROL ACT. Section 47 of the Arms Export Control Act (22 U.S.C. 2794) is amended-- (1) in the matter preceding subparagraph (A) of paragraph (3), by striking ``includes'' and inserting ``means, with respect to a sale or transfer by the United States under the authority of this Act or any other foreign assistance or sales program of the United States''; and (2) in paragraph (4), by striking ``includes'' and inserting ``means, with respect to a sale or transfer by the United States under the authority of this Act or any other foreign assistance or sales program of the United States,''. SEC. 208. TECHNICAL AMENDMENTS. (a) In General.--The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended-- (1) in sections 3(a), 3(d)(1), 3(d)(3)(A), 3(e), 5(c), 6, 21(g), 36(a), 36(b)(1), 36(b)(5)(C), 36(c)(1), 36(f), 38(f)(1), 40(f)(1), 40(g)(2)(B), 101(b), and 102(a)(2), by striking ``the Speaker of the House of Representatives and'' each place it appears and inserting ``the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and''; (2) in section 21(i)(1) by inserting after ``the Speaker of the House of Representatives'' the following ``, the Committees on Foreign Affairs and Armed Services of the House of Representatives,''; (3) in sections 25(e), 38(f)(2), 38(j)(3), and 38(j)(4)(B), by striking ``International Relations'' each place it appears and inserting ``Foreign Affairs''; (4) in sections 27(f) and 62(a), by inserting after ``the Speaker of the House of Representatives,'' each place it appears the following: ``the Committee on Foreign Affairs of the House of Representatives,''; and (5) in section 73(e)(2), by striking ``the Committee on National Security and the Committee on International Relations of the House of Representatives'' and inserting ``the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives''. (b) Other Technical Amendments.-- (1) Arms export control act.--The Arms Export Control Act (22 U.S.C. 2751 et seq.), as amended by subsection (a), is further amended-- (A) in section 38-- (i) in subsection (b)(1), by redesignating the second subparagraph (B) (as added by section 1255(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1431)) as subparagraph (C); (ii) in subsection (g)(1)(A)-- (I) in clause (xi), by striking ``; or'' and inserting ``, or''; and (II) in clause (xii)-- (aa) by striking ``section'' and inserting ``sections''; and (bb) by striking ``(18 U.S.C. 175b)'' and inserting ``(18 U.S.C. 175c)''; and (iii) in subsection (j)(2), in the matter preceding subparagraph (A), by inserting ``in'' after ``to''; and (B) in section 47(2), in the matter preceding subparagraph (A), by striking ``sec. 21(a),,'' and inserting ``section 21(a),''. (2) Foreign assistance act of 1961.--Section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended-- (A) in subsection (b), by striking ``Wherever applicable, a description'' and inserting ``Wherever applicable, such report shall include a description''; and (B) in subsection (d)(2)(B), by striking ``credits'' and inserting ``credits)''. SEC. 209. APPLICATION OF CERTAIN PROVISIONS OF EXPORT ADMINISTRATION ACT OF 1979. (a) Protection of Information.--Section 12(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2411(c)) has been in effect from August 20, 2001, and continues in effect on and after the date of the enactment of this Act, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and notwithstanding section 20 of the Export Administration Act of 1979 (50 U.S.C. App. 2419). Section 12(c)(1) of the Export Administration Act of 1979 is a statute covered by section 552(b)(3) of title 5, United States Code. (b) Termination Date.--Subsection (a) terminates at the end of the 4-year period beginning on the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
(This measure has not been amended since it was passed by the Senate on December 4, 2014. Title I: Transfer of Excess United States Naval Vessels - Naval Vessel Transfer Act of 2013 - (Sec. 102) Authorizes the President to transfer on a grant basis to Mexico, the OLIVER HAZARD PERRY class guided missile frigates CURTS and MCCLUSKY. Authorizes the President to transfer on a sale basis the OLIVER HAZARD PERRY class guided missile frigates TAYLOR, GARY, CARR, and ELROD to the Taipei Economic and Cultural Representative Office of the United States (which is the Taiwan instrumentality designated pursuant to the Taiwan Relations Act). Authorizes the President to transfer any vessel named in this Act to any country named in this Act such that the total number of vessels transferred to such country does not exceed the total number of vessels authorized for transfer to such country by this Act. States that: the value of such vessels transferred on a grant basis shall not be counted against the aggregate value of excess defense articles transferred to countries in any fiscal year under the Foreign Assistance Act of 1961; transfer costs shall be charged to the recipient; and to the maximum extent practicable, the country to which a vessel is transferred shall have necessary vessel repair and refurbishment carried out at U.S. shipyards. Terminates transfer authority three years after enactment of this Act. Title II: Additional Provisions - (Sec. 201) Amends the Arms Export Control Act to direct the President to notify Congress at least 30 days prior to a shipment of certain defense articles. (Sec. 202) Amends the Foreign Assistance Act to increase annual funds limits for transfers of excess defense articles. (Sec. 203) Directs the President to report to Congress annually regarding cooperative arrangements providing for the participation of foreign and U.S. military and civilian defense personnel in post-undergraduate flying training and tactical leadership programs and integrated air and missile defense programs at training locations in Southwest Asia. (Sec. 204) Declares that: a defense-related license or other approval from the Department of State may also authorize the export of items subject to the Export Administration Regulations if such items are to be used in or with defense articles controlled on the United States Munitions List; and separate Department of Commerce approval shall not be required, but such items shall remain under Department of Commerce jurisdiction with respect to any subsequent transactions. (Sec. 205) Directs the President to require that at the time of export or reexport of certain major defense equipment such equipment will not be subsequently modified so as to transform it into a defense article. Authorizes the President to permit the transformation of any major defense equipment into a defense article if in U.S. national interests, and with congressional notification. (Sec. 206) Amends the Foreign Assistance Act of 1961 to revise the definition of "security assistance." (Sec. 207) Amends the Arms Export Control Act to revise the definitions of "defense article" and "defense service." (Sec. 208) Makes specified technical amendments to the Arms Export Control Act and the Foreign Assistance Act of 1961. (Sec. 209) States that certain confidentiality of information requirements of the Export Administration Act of 1979 have been in effect from August 20, 2001, and shall remain in effect for four years after enactment of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Explosives Protection Act of 1997''. SEC 2. PROHIBITIONS RELATING TO EXPLOSIVE MATERIALS. (a) Prohibition of Sale, Delivery, or Transfer of Explosive Materials to Certain Individuals.--Section 842 of title 18, United States Code, is amended by striking subsection (d) and inserting the following: ``(d) Prohibition of Sale, Delivery, or Transfer of Explosive Materials to Certain Individuals.--It shall be unlawful for any licensee to knowingly sell, deliver, or transfer any explosive materials to any individual who-- ``(1) is less than 21 years of age; ``(2) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; ``(3) is a fugitive from justice; ``(4) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(5) has been adjudicated as a mental defective or has been committed to any mental institution; ``(6) being an alien-- ``(A) is illegally or unlawfully in the United States; or ``(B) except as provided in subsection (l), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)); ``(7) has been discharged from the Armed Forces under dishonorable conditions; ``(8) having been a citizen of the United States, has renounced his citizenship; ``(9) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that-- ``(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; and ``(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or ``(10) has been convicted in any court of a misdemeanor crime of domestic violence.''. (b) Prohibition on Shipping, Transporting, Possession, or Receipt of Explosives by Certain Individuals.--Section 842 of title 18, United States Code, is amended by striking subsection (p) and inserting the following: ``(p) Prohibition on Shipping, Transporting, Possession, or Receipt of Explosives by Certain Individuals.--It shall be unlawful for any person to ship or transport in interstate or foreign commerce, or possess, in or affecting commerce, any explosive, or to receive any explosive that has been shipped or transported in interstate or foreign commerce, if that person-- ``(1) is less than 21 years of age; ``(2) has been convicted in any court, of a crime punishable by imprisonment for a term exceeding 1 year; ``(3) is a fugitive from justice; ``(4) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(5) has been adjudicated as a mental defective or who has been committed to a mental institution; ``(6) being an alien-- ``(A) is illegally or unlawfully in the United States; or ``(B) except as provided in subsection (l), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)); ``(7) has been discharged from the Armed Forces under dishonorable conditions; ``(8) having been a citizen of the United States, has renounced his citizenship; or ``(9) is subject to a court order that-- ``(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; ``(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and ``(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; and ``(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or ``(10) has been convicted in any court of a misdemeanor crime of domestic violence.''. (c) Exceptions and Waiver for Certain Individuals.--Section 842 of title 18, United States Code, is amended by adding at the end the following: ``(l) Exceptions and Waiver for Certain Individuals.-- ``(1) Definitions.--In this subsection-- ``(A) the term `alien' has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)); and ``(B) the term `nonimmigrant visa' has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)). ``(2) Exceptions.--Subsections (d)(5)(B) and (p)(5)(B) do not apply to any alien who has been lawfully admitted to the United States pursuant to a nonimmigrant visa, if that alien is-- ``(A) admitted to the United States for lawful hunting or sporting purposes; ``(B) a foreign military personnel on official assignment to the United States; ``(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or ``(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business. ``(3) Waiver.-- ``(A) In general.--Any individual who has been admitted to the United States under a nonimmigrant visa and who is not described in paragraph (2), may receive a waiver from the applicability of subsection (d)(5)(B) or (p)(5)(B), if-- ``(i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph (B); and ``(ii) the Attorney General approves the petition. ``(B) Petitions.--Each petition under subparagraph (A)(i) shall-- ``(i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph; and ``(ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to engage in any activity prohibited under subsection (d) or (p), as applicable, and certifying that the petitioner would not otherwise be prohibited from engaging in that activity under subsection (d) or (p), as applicable.''.
Explosives Protection Act of 1997 - Amends the Federal criminal code to prohibit the sale, delivery, or transfer of explosive materials to, and the shipment, transport, possession, or receipt of explosives by, certain individuals not allowed to engage in such activities with respect to firearms. Sets forth exceptions and waivers for certain aliens and other individuals lawfully admitted to the United States pursuant to a nonimmigrant visa.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Assuring Quality Outcomes in Higher Education Act of 2015''. SEC. 2. DATA ANALYSIS REQUIREMENT FOR USE OF INCOME- OR EMPLOYMENT- BASED METRICS FOR MEASURING QUALITY IN HIGHER EDUCATION. (a) In General.--During the period specified in subsection (c), the Secretary of Education shall not issue or otherwise implement any final rule with respect to any proposed regulation or other performance framework that utilizes any income- or employment-based metric or data, including any such regulation or framework relating to college ratings, teacher preparation, or gainful employment, or implement or enforce any existing regulation or performance framework that utilizes any such metric, until 90 days after-- (1) the Secretary of Education conducts and makes publicly available a complete data analysis required under subsection (b) with respect to such regulation or performance framework; and (2) the Comptroller General of the United States makes publicly available a report that reviews such data analysis for data accuracy and completeness. (b) Data Analysis.--The data analysis required under this subsection with respect to a regulation or performance framework shall-- (1) analyze the impact of the income- or employment-based outcome metrics utilized under the regulation or performance framework (including any substantial employment thresholds and measures of short-term earnings, long-term earnings, and debt- to-earnings) on all postsecondary education programs and students at all categories of institutions of higher education that participate in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), including-- (A) the impact on, and educational alternatives for, students who-- (i) receive Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.); (ii) are minority students; (iii) are older than age 24; (iv) are veterans; (v) are independent students; and (vi) are dependent students; (B) for each of the impacted student groups described in subparagraph (A), the extent to which students impacted by the income- or employment-based outcome metric would abandon pursuit of any educational alternative; (C) the impact on, and educational alternatives for, students who will be displaced from their postsecondary education program as a result of the proposed use of the income- or employment-based outcome metric, including-- (i) the ability of educational alternatives to add capacity to absorb additional displaced students; (ii) the required additional Federal and State subsidies required to provide such additional capacity; and (iii) the number of displaced students who would abandon pursuit of any educational alternative; and (D) the impact on economic sectors-- (i) with known elements of public or government service, such as social work and Federal, State, and local public or government service; and (ii) with projected workforce skills gaps, such as manufacturing, healthcare, and education; (2) analyze the degree of correlation between variables other than quality of education that could affect income and debt-to-income or employment outcomes, including-- (A) regional and urban differences; (B) economic conditions at time of graduation; (C) patterns of discrimination (including those based on gender and race); (D) family income prior to enrollment; and (E) credential pursued or program of study; and (3) compare the various sources of income and debt data utilized under the regulation or performance framework, highlighting the differences between data sets, the availability of the data, the quality and completeness of the data, the student privacy issues with the use of data, and the data collection burden on the relevant institutions. (c) Period of Prohibition.--The period specified in this subsection is the period beginning on the date of the enactment of this Act and ending on the date of the enactment of a law that extends the authorization or duration of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) by not less than 2 fiscal years beyond the authorization or duration of such Act in effect on such date of enactment. (d) Definitions.--In this section: (1) Independent student.--The term ``independent student'' has the meaning given the term in section 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d)). (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include institutions described in subparagraph (C) of section 102(a)(1) of such Act. (3) Veteran.--The term ``veteran'' has the meaning given the term in section 480(c) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(c)). (4) Educational alternative.--The term ``educational alternative'' means a comparable or similar program of study offered at the same institution that a student attends or at another institution of higher education, which has the meaning of the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include any institution described in subparagraph (C) of section 102(a)(1) of the Higher Education Act of 1965.
Assuring Quality Outcomes in Higher Education Act of 2015 This bill requires the Department of Education (ED) to conduct and publish an impact analysis prior to implementing any final rule or enforcing any existing regulation or framework that utilizes income- or employment-based metrics. The Government Accountability Office must review the impact analysis for accuracy and completeness. ED's impact analysis must include the effect of income- or employment-based metrics on all postsecondary education programs and students at all categories of institutions of higher education that participate in a title IV program under the Higher Education Act of 1965, the correlation between variables other than quality of education that could affect income and debt-to-income ratios or employment outcome, and the comparison of various income sources and debt data utilized under the regulation or performance framework. The requirement established by this Act terminates when a law is enacted that reauthorizes the Higher Education Act of 1965 for at least two fiscal years.
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