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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Church Plan Clarification Act of
2012''.
SEC. 2. CHURCH PLAN CLARIFICATION.
(a) Application of Controlled Group Rules to Church Plans.--
(1) In general.--Section 414(c) of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes'', and
(B) by adding at the end the following new
paragraph:
``(2) Church plans.--
``(A) General rule.--Except as provided in
subparagraphs (B) and (C), for purposes of this
subsection and subsection (m), an organization that is
otherwise eligible to participate in a church plan as
defined in subsection (e) shall not be aggregated with
another such organization and treated as a single
employer with such other organization unless--
``(i) one such organization provides
directly or indirectly at least 80 percent of
the operating funds for the other organization
during the preceding tax year of the recipient
organization, and
``(ii) there is a degree of common
management or supervision between the
organizations.
For purposes of this subparagraph, a degree of common
management or supervision exists only if the
organization providing the operating funds is directly
involved in the day-to-day operations of the other
organization.
``(B) Nonqualified church-controlled
organizations.--Notwithstanding the provisions of
subparagraph (A), for purposes of this subsection and
subsection (m), an organization that is a nonqualified
church-controlled organization shall be aggregated with
one or more other nonqualified church-controlled
organizations, or with an organization that is not
exempt from tax under section 501, and treated as a
single employer with such other organizations, if at
least 80 percent of the directors or trustees of such
organizations are either representatives of, or
directly or indirectly controlled by, the first
organization. For purposes of this subparagraph, a
`nonqualified church controlled organization' shall
mean a church-controlled organization described in
section 501(c)(3) that is not a qualified church-
controlled organization described in section
3121(w)(3)(B).
``(C) Permissive aggregation among church-related
organizations.--Organizations described in subparagraph
(A) may elect to be treated as under common control for
purposes of this subsection. Such election shall be
made by the church or convention or association of
churches with which such organizations are associated
within the meaning of subsection (e)(3)(D), or by an
organization determined by such church or convention or
association of churches to be the appropriate
organization for making such election.
``(D) Permissive disaggregation of church-related
organizations.--For purposes of subparagraph (A), in
the case of a church plan (as defined in subsection
(e)), any employer may permissively disaggregate those
entities that are not churches (as defined in section
403(b)(12)(B)) separately from those entities that are
churches, even if such entities maintain separate
church plans.
``(E) Anti-abuse rule.--For purposes of
subparagraphs (A) and (B), the anti-abuse rule in
Treasury Regulation section 1.414(c)-5(f) shall
apply.''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning before, on, or after the
date of the enactment of this Act.
(b) Application of Contribution and Funding Limitations to 403(b)
Grandfathered Defined Benefit Plans.--
(1) In general.--Section 251(e)(5) of the Tax Equity and
Fiscal Responsibility Act of 1982 (Public Law 97-248), is
amended--
(A) by striking ``403(b)(2)'' and inserting
``403(b)'', and
(B) by inserting before the period at the end the
following: ``, and shall be subject to the applicable
limitations of section 415(b) of such Code as if it
were a defined benefit plan under section 401(a) of
such Code and not the limitations of section 415(c) of
such Code (relating to limitation for defined
contribution plans).''.
(2) Effective date.--The amendments made by this subsection
shall apply as if included in the enactment of the Tax Equity
and Fiscal Responsibility Act of 1982.
(c) Automatic Enrollment by Church Plans.--
(1) In general.--This subsection shall supersede any law of
a State which would directly or indirectly prohibit or restrict
the inclusion in any church plan (as defined in this
subsection) of an automatic contribution arrangement.
(2) Definition of automatic contribution arrangement.--For
purposes of this subsection, the term ``automatic contribution
arrangement'' means an arrangement--
(A) under which a participant may elect to have the
plan sponsor make payments as contributions under the
plan on behalf of the participant, or to the
participant directly in cash, and
(B) under which a participant is treated as having
elected to have the plan sponsor make such
contributions in an amount equal to a uniform
percentage of compensation provided under the plan
until the participant specifically elects not to have
such contributions made (or specifically elects to have
such contributions made at a different percentage).
(3) Notice requirements.--
(A) In general.--The plan administrator of an
automatic contribution arrangement shall, within a
reasonable period before such plan year, provide to
each participant to whom the arrangement applies for
such plan year notice of the participant's rights and
obligations under the arrangement which--
(i) is sufficiently accurate and
comprehensive to apprise the participant of
such rights and obligations, and
(ii) is written in a manner calculated to
be understood by the average participant to
whom the arrangement applies.
(B) Election requirements.--A notice shall not be
treated as meeting the requirements of subparagraph (A)
with respect to a participant unless--
(i) the notice includes an explanation of
the participant's right under the arrangement
not to have elective contributions made on the
participant's behalf (or to elect to have such
contributions made at a different percentage),
(ii) the participant has a reasonable
period of time, after receipt of the notice
described in clause (i) and before the first
elective contribution is made, to make such
election, and
(iii) the notice explains how contributions
made under the arrangement will be invested in
the absence of any investment election by the
participant.
(4) Effective date.--This subsection shall take effect on
the date of the enactment of this Act.
(d) Allow Certain Plan Transfers and Mergers.--
(1) In general.--Section 414 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(z) Certain Plan Transfers and Mergers.--
``(1) In general.--Under rules prescribed by the Secretary,
except as provided in paragraph (2), no amount shall be
includible in gross income by reason of--
``(A) a transfer of all or a portion of the account
balance of a participant or beneficiary, whether or not
vested, from a plan described in section 401(a) or an
annuity contract described in section 403(b), which is
a church plan described in subsection (e) to an annuity
contract described in section 403(b), if such plan and
annuity contract are both maintained by the same church
or convention or association of churches,
``(B) a transfer of all or a portion of the account
balance of a participant or beneficiary, whether or not
vested, from an annuity contract described in section
403(b) to a plan described in section 401(a) or an
annuity contract described in section 403(b), which is
a church plan described in subsection (e), if such plan
and annuity contract are both maintained by the same
church or convention or association of churches, or
``(C) a merger of a plan described in section
401(a), or an annuity contract described in section
403(b), which is a church plan described in subsection
(e) with an annuity contract described in section
403(b), if such plan and annuity contract are both
maintained by the same church or convention or
association of churches.
``(2) Limitation.--Paragraph (1) shall not apply to a
transfer or merger unless the participant's or beneficiary's
benefit immediately after the transfer or merger is equal to or
greater than the participant's or beneficiary's benefit
immediately before the transfer or merger.
``(3) Qualification.--A plan or annuity contract shall not
fail to be considered to be described in sections 401(a) or
403(b) merely because such plan or account engages in a
transfer or merger described in this subsection.
``(4) Definitions.--For purposes of this subsection:
``(A) Church.--The term `church' includes an
organization described in subparagraph (A) or (B)(ii)
of subsection (e)(3).
``(B) Annuity contract.--The term `annuity
contract' includes a custodial account described in
section 403(b)(7) and a retirement income account
described in section 403(b)(9).''.
(2) Effective date.--The amendment made by this subsection
shall apply to transfers or mergers occurring after the date of
the enactment of this Act.
(e) Investments by Church Plans in Collective Trusts.--
(1) In general.--In the case of--
(A) a church plan (as defined in section 414(e) of
the Internal Revenue Code of 1986), including a plan
described in section 401(a) of such Code and a
retirement income account described in section
403(b)(9) of such Code, and
(B) an organization described in section
414(e)(3)(A) of such Code the principal purpose or
function of which is the administration of such a plan
or account,
the assets of such plan, account, or organization (including
any assets otherwise permitted to be commingled for investment
purposes with the assets of such a plan, account, or
organization) may be invested in a group trust otherwise
described in Internal Revenue Service Revenue Ruling 81-100 (as
modified by Internal Revenue Service Revenue Rulings 2004-67
and 2011-1), or any subsequent revenue ruling that supersedes
or modifies such revenue ruling, without adversely affecting
the tax status of the group trust, such plan, account, or
organization, or any other plan or trust that invests in the
group trust.
(2) Effective date.--This subsection shall apply to
investments made after the date of the enactment of this Act. | Church Plan Clarification Act of 2012 - Amends the Internal Revenue Code to declare that an organization otherwise eligible to participate in a church plan shall not be aggregated with another such organization and treated as a single employer with it unless: (1) one organization provides directly or indirectly at least 80% of the operating funds for the other one during the recipient organization's preceding tax year, and (2) there is a degree of common management or supervision between the organizations.
Preempts any state law which would directly or indirectly prohibit or restrict the inclusion in any church plan of an automatic contribution arrangement.
Excludes from gross income amounts attributable to transfers of and mergers of church plans that are maintained by the same church or convention or association of churches.
Allows church plans and their supporting organizations to invest plan assets in a group trust (as defined by Internal Revenue Service Revenue Rulings). | A bill to amend the Internal Revenue Code of 1986 to clarify the treatment of church pension plans, and for other purposes. |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Crop Insurance Improvement Act of
1999''.
SEC. 2. COST OF PRODUCTION INSURANCE COVERAGE.
Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is
amended--
(1) in subsection (c), by striking paragraph (5) and
inserting the following:
``(5) Expected market price.--
``(A) In general.--For the purposes of this title,
the Corporation shall establish or approve the price
level (referred to in this title as the `expected
market price') of each agricultural commodity for which
insurance is offered.
``(B) Amount.--The expected market price of an
agricultural commodity--
``(i) except as otherwise provided in this
subparagraph, shall be not less than the
projected market price of the agricultural
commodity, as determined by the Corporation;
``(ii) may be based on the actual market
price of the agricultural commodity at the time
of harvest, as determined by the Corporation;
or
``(iii) in the case of cost of production
or similar plans of insurance, shall be the
projected cost of producing the agricultural
commodity, as determined by the Corporation.'';
and
(2) in subsection (h), by striking paragraph (6) and
inserting the following:
``(6) Cost of production insurance coverage.--
``(A) In general.--The Corporation shall offer a
cost of production plan of insurance that--
``(i) allows producers to select a dollar
amount of coverage per acre of an agricultural
commodity for each production area described in
subparagraph (B) designated by the Corporation;
and
``(ii) is based on the actual or expected
cost of producing the agricultural commodity.
``(B) Size of production area.--For the purposes of
this paragraph, a production area shall be determined
based on the similar characteristics of the acreage and
the use of similar farming practices to produce the
agricultural commodity and shall not be limited by the
boundaries of a county.
``(C) Consultation with state committees.--Prior to
designating a production area described in subparagraph
(B), the Corporation shall consult with the appropriate
State committee.
``(D) Amount of coverage.--Notwithstanding
subsection (c)(4), the dollar amount of coverage per
acre of an agricultural commodity shall not exceed 90
percent of the cost of production of the agricultural
commodity, as determined by the Corporation, in the
production area described in subparagraph (B).''.
SEC. 3. YIELD DETERMINATIONS.
Section 508(g)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking ``Subject to subparagraph (B),''
and inserting the following:
``(i) In general.--Subject to clause (ii)
and subparagraph (B),'';
(B) by adding at the end the following:
``(ii) Rotation practices.--
``(I) Definition of a producer that
has suffered a loss due to a natural
disaster.--In this clause, the term `a
producer that has suffered a loss due
to a natural disaster' means a producer
that has suffered a loss due to a
natural disaster with respect to a crop
that has resulted in a substantial
reduction in the producer's actual
production history with respect to the
crop, as determined by the Corporation.
``(II) Yield based on actual
production history.--Subject to
subparagraph (B), in the case of a
producer that has adopted an acceptable
rotation practice, involving 3 or more
agricultural commodities, the yield for
a crop shall be based on the actual
production history for the crop for the
3 preceding crop years during which the
crop was produced on the farm building
up to a production data base of 10 crop
years for which the actual production
history is established.
``(III) Natural disasters.--For the
purposes of calculating the actual
production history of an agricultural
commodity under this clause, a producer
that has suffered a loss due to a
natural disaster with respect to the
crop may exclude 1 year of production
history for each 4 years of production
history for the crop for which the
producer has purchased crop
insurance.''; and
(2) in subparagraph (B)--
(A) by striking ``assigned a yield'' and inserting
``assigned--
``(i) a yield'';
(B) by striking the period at the end and inserting
``; or''; and
(C) by adding at the end the following:
``(ii) a yield determined by the
Corporation, in the case of--
``(I) a person that has not been
actively engaged in farming for a share
of the production of the insured crop
for more than 2 crop years, as
determined by the Secretary;
``(II) a producer that produces an
agricultural commodity on land that has
not been previously farmed by the
producer; and
``(III) a producer that rotates a
crop produced on a farm to a crop that
has not been previously produced on the
farm.''.
SEC. 4. NONINSURED CROP DISASTER ASSISTANCE PROGRAM.
(a) Operation and Administration of Program.--Section 196(a) of the
Agricultural Market Transition Act (7 U.S.C. 7333(a)) is amended--
(1) in the first sentence of paragraph (1), by striking
``to provide coverage'' and all that follows through ``Federal
Crop Insurance Act (7 U.S.C. 1508(b))''; and
(2) in paragraph (2), by adding at the end the following:
``(C) Combination of similar types or varieties.--
At the option of the Secretary, all types or varieties
of a crop or commodity described in subparagraph (A) or
(B) may be considered to be a single eligible crop
under this section.''.
(b) Records.--Section 196(b) of the Agricultural Market Transition
Act (7 U.S.C. 7333(b)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Records.--To be eligible for assistance under this
section, a producer shall provide annually to the Secretary
records of crop acreage, acreage yields, and production for
each crop, as required by the Secretary.''; and
(2) in paragraph (3), by inserting ``annual'' after ``shall
provide''.
(c) Loss Requirements.--Section 196(c) of the Agricultural Market
Transition Act (7 U.S.C. 7333(c)) is amended--
(1) by striking paragraph (1);
(2) in paragraph (2)--
(A) by striking ``Subject to paragraph (1), the''
and inserting ``The''; and
(B) by striking ``because of drought, flood, or
other natural disaster, as determined by the
Secretary'';
(3) in paragraph (3)--
(A) by striking ``Subject to paragraph (1), the''
and inserting ``The''; and
(B) by striking ``, because of drought, flood, or
other natural disaster as determined by the
Secretary,'';
(4) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(5) by adding at the end the following:
``(3) Area trigger.--The Secretary shall provide assistance
to individual producers without any requirement of an area
loss.''.
(d) Payments.--Section 196(d)(2)(B) of the Agricultural Market
Transition Act (7 U.S.C. 7333(d)(2)(B)) is amended by striking ``55
percent of the average market price for the crop'' and inserting ``100
percent of the average market price for the crop''.
(e) Yield Determinations.--Section 196 of the Agricultural Market
Transition Act (7 U.S.C. 7333) is amended by striking subsection (e)
and inserting the following:
``(e) Yield Determinations.--
``(1) Establishment.--The Secretary shall establish farm
yields for the purposes of providing noninsured crop disaster
assistance under this section.
``(2) Actual yields.--Subject to paragraph (3), the
Secretary shall determine yields for an eligible crop on the
basis of the quantity of production per acre for the crop for
the farm for each of the 5 crop years for which the crop was
planted immediately preceding the crop year, excluding--
``(A) the crop year with the highest yield per acre
on the farm; and
``(B) the crop year with the lowest yield per acre
on the farm.
``(3) State or county yields.--If insufficient records
exist, as determined by the Secretary, to determine the actual
yield pursuant to paragraph (2), the Secretary may establish a
per acre yield based on State or county yields for an eligible
crop on the basis of--
``(A) historical yields, as adjusted by the
Secretary to correct for abnormal factors affecting the
yields in the historical period; or
``(B) the Secretary's estimate of actual yields for
the crop year involved if historical yield data are not
available.''.
(f) New Eligible Crops.--Section 196 of the Agricultural Market
Transition Act (7 U.S.C. 7333) is amended--
(1) in subsection (d)(1)--
(A) by inserting ``(except as provided in
subsection (j))'' after ``percent''; and
(B) by inserting ``determined under subsection
(e)'' after ``for the crop'';
(2) by redesignating subsection (j) as subsection (l); and
(3) by inserting after subsection (i) the following:
``(j) New Eligible Crops.--
``(1) In general.--Subject to paragraph (2), if a producer
produces an eligible crop that is new to an area (as determined
by the Secretary), a payment for the producer shall be computed
by substituting the following percentages of yields for the
percentages of yields specified in subsection (d)(1):
``(A) In the case of the first crop year of the
eligible crop produced by the producer, 35 percent of
the established yield for the crop determined under
subsection (e).
``(B) In the case of each of the second through
fourth years of the eligible crop produced by the
producer--
``(i) 45 percent of the established yield
for the crop determined under subsection (e);
or
``(ii) if the producer received a payment
under this section for the first crop year of
the eligible crop produced by the producer, 35
percent of the established yield for the crop
determined under subsection (e).
``(2) Temporary ineligibility.--If a producer of an
eligible crop described in paragraph (1) receives a payment
under this section in both the first and second crop years of
the eligible crop, the producer shall be ineligible for a
payment under this section until the producer has successfully
produced the crop for at least 3 consecutive crop years with no
loss reported, as determined by the Secretary.''.
(g) Service Fee.--Section 196 of the Agricultural Market Transition
Act (7 U.S.C. 7333) (as amended by subsection (f)) is amended by
inserting after subsection (j) the following:
``(k) Service Fee.--To be eligible to receive assistance for an
eligible crop for a crop year under this section, a producer shall pay
to the Secretary a service fee of $50 for each eligible crop.''. | Crop Insurance Improvement Act of 1999 - Amends the Federal Crop Insurance Act to authorize, and set forth criteria for, cost of production insurance coverage.
Establishes specified yield determination criteria for certain producers who have adopted rotation practices, including a three-year actual production history requirement.
Amends the Agricultural Market Transition Act with respect to the noninsured crop disaster assistance program to: (1) permit similar crop or commodity varieties to be considered as a single eligible crop; (2) require annual submission of crop records; (3) increase coverage; (4) provide individual assistance without area loss requirements; (5) eliminate the natural disaster loss requirement for prevented planting assistance; (6) revise yield determination provisions; (7) establish payment provisions for new crops; and (8) establish a service fee. | Crop Insurance Improvement Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Lands Against Narcotics
Trafficking Act of 2013'' or the ``PLANT Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2012, well over 900,000 marijuana plants were
eradicated from 471 sites on National Forest lands in 20 States
from Hawaii to Virginia. This represents just part of total
eradication efforts on public lands.
(2) Across Federal land management agency holdings
including U.S. Fish and Wildlife, the U.S. National Park
Service, the U.S. Bureau of Land Management, and the U.S.
Forest Service, marijuana grows have commonly been found in
excess of 1,000 plants per cultivation site and some have
included more than 200,000 plants.
(3) As a result of these grow sites, public and private
lands are being destroyed by chemical contamination and
alteration of watersheds; diversion of natural water courses;
elimination of native vegetation; wildfire hazards; poaching of
wildlife; and harmful disposal of garbage, non-biodegradable
material litter, and human waste. In many cases the damage is
being done to watersheds where millions of dollars in Federal
and State funds have been spent to improve conditions for
threatened fish and wildlife species.
(4) Research has found that listed and candidate species
under the Endangered Species Act like the Pacific fisher and
Northern Spotted Owl have been killed by poisons and hazardous
substances at marijuana cultivation sites, increasing pressure
on legal land users to undertake conservation measures.
(5) State and Federal fish and wildlife officials have
found that environmentally destructive practices resulting from
illegal marijuana cultivation, including the removal of timber
and vegetation, can lead to excess river and stream
sedimentation in areas needed by salmon and other protected
fish populations.
(6) Timber companies, farmers, and ranchers in northwest
California report that illegal marijuana cultivation on private
lands has caused significant damage to livestock, agriculture,
and natural resources.
(7) A single 2011 operation titled Operation Full Court
Press in Mendocino National Forest (CA) located 56 cultivation
sites and interdicted 32 firearms, 1,510 pounds of processed
marijuana, more than 468,950 plants and resulted in 102
arrests. The operation also removed 23 tons of trash, over a
ton of fertilizer, 57 pounds of poison, 22 miles of irrigation
piping, 13 man-made dams, and 120 propane tanks.
(8) Basic reclamation of marijuana cultivation sites can
cost well over $15,000 per site. Citizen volunteer groups,
concerned with the extent of environmental damage to local
forests, have relationships with law enforcement to reclaim and
clean up cultivation sites.
SEC. 3. DIRECTION TO UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and amend the Federal
sentencing guidelines and policy statements to ensure that the
guidelines provide for additional penalties otherwise applicable to
persons convicted of offenses under section 401(a) of the Controlled
Substances Act (21 U.S.C. 841(a)) while on Federal property or
intentionally trespassing on the property of another if the offense
involves any of the following:
(1) The use of a poison, chemical, or hazardous substance
for the unlawful production of a controlled substance that--
(A) creates a serious hazard to humans, wildlife,
or domestic animals;
(B) degrades or harms the environment or natural
resources; or
(C) pollutes an aquifer, spring, stream, river, or
body of water.
(2) The diversion, redirection, obstruction, draining, or
impoundment of an aquifer, spring, river, or body of water for
the unlawful production of a controlled substance.
(3) The substantial removal of vegetation or clear cutting
of timber for the unlawful production of a controlled
substance.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) assure reasonable consistency with other relevant
directives and with other sentencing guidelines; and
(2) assure that the guidelines adequately meet the purposes
and kind of sentencing available under sections 3553(a)(2) and
3553(a)(3) of title 18, United States Code.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in the Act shall be construed to apply with respect to the
legal use of authorized pesticides, herbicides, fertilizers, chemicals,
or hazardous substances. | Protecting Lands Against Narcotics Trafficking Act of 2013 or the PLANT Act - Directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines to ensure that they provide for additional penalties applicable to persons convicted of Controlled Substances Act offenses of manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or a counterfeit substance while on federal property or intentionally trespassing on the property of another, if the offense involves: the use of a poison, chemical, or hazardous substance for the unlawful production of a controlled substance that: (1) creates a serious hazard to humans, wildlife, or domestic animals; (2) degrades or harms the environment or natural resources; or (3) pollutes an aquifer, spring, stream, river, or body of water; the diversion, redirection, obstruction, draining, or impoundment of an aquifer, spring, river, or body of water for the unlawful production of a controlled substance; or the substantial removal of vegetation or clear cutting of timber for the unlawful production of a controlled substance. | PLANT Act |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Anton's Law''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is the policy of the Department of Transportation that
all child occupants of motor vehicles, regardless of seating
position, be appropriately restrained in order to reduce the
incidence of injuries and fatalities resulting from motor vehicle
crashes on the streets, roads, and highways.
(2) Research has shown that very few children between the ages
of 4 to 8 years old are in the appropriate restraint for their age
when riding in passenger motor vehicles.
(3) Children who have outgrown their child safety seats should
ride in a belt-positioning booster seat until an adult seat belt
fits properly.
(4) Children who were properly restrained when riding in
passenger motor vehicles suffered less severe injuries from
accidents than children not properly restrained.
SEC. 3. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN PASSENGER MOTOR
VEHICLES.
(a) In General.--The Secretary of Transportation (hereafter
referred to as the ``Secretary'') shall initiate a rulemaking
proceeding to establish performance requirements for child restraints,
including booster seats, for the restraint of children weighing more
than 50 pounds.
(b) Elements for Consideration.--In the rulemaking proceeding
required by subsection (a), the Secretary shall--
(1) consider whether to include injury performance criteria for
child restraints, including booster seats and other products for
use in passenger motor vehicles for the restraint of children
weighing more than 50 pounds, under the requirements established in
the rulemaking proceeding;
(2) consider whether to establish performance requirements for
seat belt fit when used with booster seats and other belt guidance
devices;
(3) consider whether to address situations where children
weighing more than 50 pounds only have access to seating positions
with lap belts, such as allowing tethered child restraints for such
children; and
(4) review the definition of the term ``booster seat'' in
Federal motor vehicle safety standard No. 213 under section 571.213
of title 49, Code of Federal Regulations, to determine if it is
sufficiently comprehensive.
(c) Completion.--The Secretary shall complete the rulemaking
proceeding required by subsection (a) not later than 30 months after
the date of the enactment of this Act.
SEC. 4. DEVELOPMENT OF ANTHROPOMORPHIC TEST DEVICE SIMULATING A 10-YEAR
OLD CHILD.
(a) Development and Evaluation.--Not later than 24 months after the
date of the enactment of this Act, the Secretary shall develop and
evaluate an anthropomorphic test device that simulates a 10-year old
child for use in testing child restraints used in passenger motor
vehicles.
(b) Adoption by Rulemaking.--Within 1 year following the
development and evaluation carried out under subsection (a), the
Secretary shall initiate a rulemaking proceeding for the adoption of an
anthropomorphic test device as developed under subsection (a).
SEC. 5. REQUIREMENTS FOR INSTALLATION OF LAP AND SHOULDER BELTS.
(a) In General.--Not later than 24 months after the date of the
enactment of this Act, the Secretary shall complete a rulemaking
proceeding to amend Federal motor vehicle safety standard No. 208 under
section 571.208 of title 49, Code of Federal Regulations, relating to
occupant crash protection, in order to--
(1) require a lap and shoulder belt assembly for each rear
designated seating position in a passenger motor vehicle with a
gross vehicle weight rating of 10,000 pounds or less, except that
if the Secretary determines that installation of a lap and shoulder
belt assembly is not practicable for a particular designated
seating position in a particular type of passenger motor vehicle,
the Secretary may exclude the designated seating position from the
requirement; and
(2) apply that requirement to passenger motor vehicles in
phases in accordance with subsection (b).
(b) Implementation Schedule.--The requirement prescribed under
subsection (a)(1) shall be implemented in phases on a production year
basis beginning with the production year that begins not later than 12
months after the end of the year in which the regulations are
prescribed under subsection (a). The final rule shall apply to all
passenger motor vehicles with a gross vehicle weight rating of 10,000
pounds or less that are manufactured in the third production year of
the implementation phase-in under the schedule.
SEC. 6. EVALUATION OF INTEGRATED CHILD SAFETY SYSTEMS.
(a) Evaluation.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall initiate an evaluation of
integrated or built-in child restraints and booster seats. The
evaluation should include--
(1) the safety of the child restraint and correctness of fit
for the child;
(2) the availability of testing data on the system and vehicle
in which the child restraint will be used;
(3) the compatibility of the child restraint with different
makes and models;
(4) the cost-effectiveness of mass production of the child
restraint for consumers;
(5) the ease of use and relative availability of the child
restraint to children riding in motor vehicles; and
(6) the benefits of built-in seats for improving compliance
with State child occupant restraint laws.
(b) Report.--Not later than 12 months after the date of enactment
of this Act, the Secretary shall transmit to the Committee on Energy
and Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report of this
evaluation.
SEC. 7. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Child restraint.--The term ``child restraint'' means any
product designed to provide restraint to a child (including booster
seats and other products used with a lap and shoulder belt
assembly) that meets applicable Federal motor vehicle safety
standards prescribed by the National Highway Traffic Safety
Administration.
(2) Production year.--The term ``production year'' means the
12-month period between September 1 of a year and August 31 of the
following year.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given that term in section 405(f)(5) of
title 23, United States Code.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated $5,000,000
to the Secretary of Transportation for--
(1) the evaluation required by section 6 of this Act; and
(2) research of the nature and causes of injury to children
involved in motor vehicle crashes.
(b) Limitation.--Funds appropriated under subsection (a) shall not
be available for the general administrative expenses of the Secretary.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Anton's Law - (Sec. 3) Directs the Secretary of Transportation to conduct a rulemaking proceeding to establish performance requirements for child restraints, including booster seats, for children weighing more than 50 pounds. Requires the Secretary to: (1) consider whether to include injury performance criteria for child restraints under the requirements, establish performance requirements for seat belt fit when used with booster seats and other belt guidance devices, and address situations where children weighing more than 50 pounds only have access to seating positions with lap belts; and (2) review the definition of the term "booster seat" in Federal motor vehicle safety standard No. 213 to determine if it is sufficiently comprehensive.(Sec. 4) Directs the Secretary to develop, evaluate, and initiate a rulemaking proceeding to adopt an anthropomorphic test device that simulates a ten-year old child for use in testing child restraints used in passenger motor vehicles.(Sec. 5) Requires the Secretary to complete a rulemaking proceeding to amend Federal motor vehicle safety standard No. 208 relating to occupant crash protection in order to require a lap and shoulder belt assembly for each rear designated seating position in a passenger motor vehicle with a gross vehicle weight rating of 10,000 pounds or less (except that if the Secretary determines that installation of a lap and shoulder belt is not practicable for a particular designated seating position in a particular type of passenger motor vehicle, the Secretary may exclude the designated seating position from the requirement). Requires such requirement to be implemented in phases beginning with the production year that begins not later than 12 months after the end of the year in which the regulations are prescribed. Requires the final rule to apply to all passenger motor vehicles with a gross vehicle weight rating of 10,000 pounds or less that are manufactured in the third production year of the implementation phase-in under the schedule.(Sec. 6) Directs the Secretary to initiate an evaluation of integrated or built-in child restraints and booster seats covering: (1) safety and correctness of fit; (2) the availability of testing data on the system and vehicle; (3) compatibility with different makes and models; (4) the cost-effectiveness of mass production for consumers; (5) ease of use and relative availability; and (6) the benefits of built-in seats for improving compliance with State child occupant restraint laws. Requires the Secretary to report on this evaluation to specified congressional committees.(Sec. 8) Authorizes appropriations to the Secretary for the evaluation and for research of the nature and causes of injury to children involved in motor vehicle crashes. | To provide for the improvement of the safety of child restraints in passenger motor vehicles, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Cookstoves and Fuels Support
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Nearly one-half of the world's population cooks their
food over open fires or inefficient, polluting, and unsafe
cookstoves using wood, agricultural waste, dung, coal, or other
solid fuels. Smoke from the use of these traditional cookstoves
and open fires is associated with a number of chronic and acute
diseases and injuries, including respiratory illnesses such as
pneumonia, heart disease, and cancer, with women and young
children affected disproportionately.
(2) The Global Burden of Disease Study 2010 (referred to in
this paragraph as the ``Study'') doubled the mortality
estimates for exposure to smoke from cookstoves, referred to as
``household air pollution'', from 2,000,000 to 4,000,000 deaths
annually, which the Study indicates is more than the deaths
from malaria, tuberculosis, and HIV/AIDS combined. The Study
attributes 3,500,000 deaths to cookstoves smoke exposures
indoors and 500,000 deaths to the contribution of cookstoves to
outdoor air pollution. Millions more are sickened from the
toxic smoke and thousands suffer burns annually from open fires
or unsafe cookstoves and fuels. More recently, the World Health
Organization found that this type of household air pollution
claimed 4,300,000 lives in 2012. The Study ranks household air
pollution as the fourth worst overall health risk factor in the
world and as the second worst health risk factor in the world
for women and girls. Cookstove smoke exposures are particularly
prominent in developing regions of Asia and Africa.
(3) The amount of biomass cooking fuel required each year
can reach up to 2 tons per family. Where demand for local
biomass outstrips the natural regrowth of resources, local
environmental degradation and loss of biodiversity often
result.
(4) Tremendous amounts of time, a burden shouldered
disproportionately by women and children, is spent collecting
and managing cooking fuel resources. As nearby fuel supplies
dwindle, women are forced to go farther to find fuel to cook
their families' meals. In some areas, such as conflict zones or
refugee camps, women and girls risk rape and gender-based
violence during the up to 20 hours per week they spend away
from their communities gathering firewood.
(5) Recent studies show that black carbon created from
traditional cookstoves significantly contributes to regional
air pollution and climate change. Black carbon emissions from
residential cookstoves in developing countries account for an
estimated 21 percent of the total global inventory, and
mitigation in this sector represents a large potential public
health and environmental benefit.
(6) The Global Alliance for Clean Cookstoves is an
innovative public-private partnership hosted by the United
Nations Foundation that was created to enable the adoption of
clean and efficient stoves in 100,000,000 homes by 2020. The
Alliance works with public, private, and non-profit partners to
overcome market barriers that currently impede the production,
deployment, and use of clean cookstoves and fuels in the
developing world.
(7) The United States Government has invested more than
$114,000,000 to the sector, including approximately $76,000,000
in research, $31,000,000 in field implementation activities,
and $7,000,000 in financing, through the first 5 years of the
Alliance to help spur the adoption of clean cookstoves and
fuels in 100,000,000 households by 2020. For the second 5 years
of the Alliance, beginning with fiscal year 2016, the United
States Government anticipates support of up to $175,000,000 to
the sector as follows:
(A) $125,000,000 from the United States Agency for
International Development.
(B) $30,000,000 from the Department of Health and
Human Services through the National Institutes of
Health.
(C) $5,000,000 from the Department of Health and
Human Services through the Centers for Disease Control
and Prevention.
(D) $15,000,000 from the Environmental Protection
Agency.
(E) The Overseas Private Investment Corporation has
renewed its commitment of up to $50,000,000 in debt
financing or insurance that meet their credit and
lending standards to support projects that provide
clean, consistent, and affordable access to energy and
energy savings through the manufacture, sale, and
purchase of cookstoves.
(8) This commitment targets a wide range of work, including
expanded research on cookstoves performance, marketing, and
adoption; expanded research on the health, climate and air
quality benefits of clean cookstoves; and expanded field
efforts in Kenya, Haiti, Bangladesh, and Nigeria.
(9) Additional Federal support may be provided to the clean
cooking sector, including by the Department of Energy, the
Department of Agriculture, the National Oceanic and Atmospheric
Administration, the National Science Foundation, and the Peace
Corps.
(10) The Millennium Challenge Corporation, in 2010, prior
to the launch of the Alliance, committed the largest stoves-
related investment to date in Mongolia. The $45,300,000
commitment focused on economic growth from energy efficiency
and improved air quality.
SEC. 3. ADVANCEMENT OF GLOBAL ALLIANCE FOR CLEAN COOKSTOVES GOAL.
The Secretary of State, in consultation with the Administrator of
the Environmental Protection Agency, the Secretary of Energy, the
Secretary of Health and Human Services, the Administrator of the United
States Agency for International Development, the Director of the
National Science Foundation, the President of the Overseas Private
Investment Corporation, and the heads of other relevant Federal
agencies, and in coordination with relevant international
nongovernmental organizations and private and governmental entities,
shall work to advance the goals and work of the Global Alliance for
Clean Cookstoves, including through--
(1) applied research and development to improve design,
lower costs, promote technology adoption, conduct health
research and evaluation, and develop global industry standards
and testing protocols for cookstoves and fuels in order to help
ensure minimum standards for efficiency and cleanliness are
met;
(2) diplomatic engagement to encourage a commercial market
for clean cookstoves and fuels, reduce trade barriers, promote
consumer awareness, improve access to large-scale carbon
financing, and foster women-owned businesses along the entire
business value chain;
(3) international development projects to help build
commercial businesses to manufacture, market, distribute, sell,
and service clean cookstoves and fuels;
(4) development efforts related to refugee camps, disaster
relief, and long-term humanitarian and empowerment programs
aimed at assisting women and girls; and
(5) financing or insurance to support projects that provide
access to clean, affordable energy and energy savings through
the manufacture, sale, and purchase of clean cookstoves and
fuels.
SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Department of State and United States Agency for International
Development.--From funds available to the Department of State and the
United States Agency for International Development, there are
authorized to be appropriated such sums as may be necessary for fiscal
years 2016 through 2020 to work with the Global Alliance for Clean
Cookstoves and foreign governments, including--
(1) to engage in a wide range of diplomatic activities,
including with countries across the globe and with United
States embassies abroad, to support Alliance activities and the
clean cookstoves and fuels sector, and to continue the clean
cooking initiative under the Climate and Clean Air Coalition to
reduce emissions of short-lived climate pollutants;
(2) to advance programs that support the adoption of
affordable cookstoves that require less fuel to meet household
energy needs and release fewer pollutants, as a means to
improve health, reduce environmental degradation, mitigate
climate change, foster economic growth, and empower women; and
(3) to carry out other activities under this Act.
(b) Department of Energy.--From funds available to the Department
of Energy, there are authorized to be appropriated to the Secretary of
Energy such sums as may be necessary for fiscal years 2016 through 2020
to work with the Global Alliance for Clean Cookstoves, including--
(1) to conduct research to spur development of low-cost,
low-emission, high-efficiency cookstoves through research in
areas such as combustion, heat transfer, and materials
development;
(2) to conduct research to spur development of low-
emission, high-efficiency biomass fuels;
(3) to support innovative small businesses in the United
States that are developing advanced cookstoves and improved
cookstove assessment devices; and
(4) to carry out other activities under this Act.
(c) National Institutes of Health.--From funds available to the
National Institutes of Health, there are authorized to be appropriated
to the Secretary of Health and Human Services such sums as may be
necessary for fiscal years 2016 through 2020 for the National
Institutes of Health to work with the Global Alliance for Clean
Cookstoves, including--
(1) to support health research and training to improve the
health and lives of those at risk from household burning of
solid fuels, including--
(A) dedicated resources for research on household
air pollution to ensure adoption of life-saving
interventions and policy formulation; and
(B) regional network research and training hubs in
global environmental health and occupational health
with a household air pollution focus; and
(2) to carry out other activities under this Act.
(d) Centers for Disease Control and Prevention.--From funds
available to the Centers for Disease Control and Prevention, there are
authorized to be appropriated to the Secretary of Health and Human
Services such sums as may be necessary for fiscal years 2016 through
2020 for the Centers for Disease Control and Prevention to work with
the Global Alliance for Clean Cookstoves, including--
(1) to evaluate cookstove and fuel programs to better
understand their public health benefits and key determinants of
adoption;
(2) to promote a better understanding of the relationship
between human exposures and health outcomes from the use of
traditional cookstoves and open fires; and
(3) to carry out other activities under this Act.
(e) Environmental Protection Agency.--From funds available to the
Environmental Protection Agency, there are authorized to be
appropriated to the Administrator of the Environmental Protection
Agency such sums as may be necessary for fiscal years 2016 through 2020
for the Environmental Protection Agency to work with the Global
Alliance for Clean Cookstoves, including--
(1) to conduct cookstove and fuel testing and evaluation in
the lab and field, including evaluation of fuel efficiency and
air pollutant emissions that affect human health and the
environment, and to develop international standards regarding
fuel use, emissions, and safety of cookstoves and fuels;
(2) to conduct climate, health, and air quality research,
including with United States institutions of higher education,
on the air quality and climatic benefits of interventions for
cookstoves and residential burning, and to continue the
cookstoves initiative under the Climate and Clean Air Coalition
to reduce emissions of short-lived climate pollutants; and
(3) to carry out other activities under this Act.
(f) National Science Foundation.--From funds available to the
National Science Foundation, there are authorized to be appropriated to
the Director of the National Science Foundation such sums as may be
necessary for fiscal years 2016 through 2020 for the National Science
Foundation to work with the Global Alliance for Clean Cookstoves,
including--
(1) to support research related to the climate, air
quality, and health benefits of the adoption of clean
cookstoves and fuels; and
(2) to carry out other activities under this Act.
(g) Department of Agriculture.--From funds available to the
Department of Agriculture, there are authorized to be appropriated to
the Secretary of Agriculture such sums as may be necessary for fiscal
years 2016 through 2020 for the Department of Agriculture to work with
the Global Alliance for Clean Cookstoves, including--
(1) to provide technical expertise on policy questions
facing the cookstoves sector and to help align the Alliance
with ongoing international efforts that promote the sustainable
production and use of clean burning biomass cooking fuels, to
optimize natural resource conservation and agricultural
productivity; and
(2) to carry out other activities under this Act.
(h) National Oceanic and Atmospheric Administration.--From funds
available to the National Oceanic and Atmospheric Administration
(referred to in this subsection as ``NOAA''), there are authorized to
be appropriated to the Administrator of NOAA such sums as may be
necessary for fiscal years 2016 through 2020 for NOAA to work with the
Global Alliance for Clean Cookstoves, including--
(1) to partner with scientists in other countries to
monitor global black carbon emissions and assess climate
impacts and benefits of switching to clean cookstoves; and
(2) to carry out other activities under this Act.
(i) Peace Corps.--From funds available to the Peace Corps, there
are authorized to be appropriated to the Director of the Peace Corps
such sums as may be necessary for fiscal years 2016 through 2020 for
the Peace Corps to work with the Global Alliance for Clean Cookstoves,
including--
(1) to train community members to select, construct, and
maintain clean cookstoves and fuels, provide ongoing support to
sustain their use, and help families, schools, and others
access grants to lower the cost; and
(2) to carry out other activities under this Act. | Clean Cookstoves and Fuels Support Act This bill directs the Department of State to work to advance the goals of the Global Alliance for Clean Cookstoves. For working with the Alliance appropriations are authorized for the State Department, the U.S. Agency for International Development, the Department of Energy, the National Institutes of Health, the Centers for Disease Control and Prevention, the Environmental Protection Agency, the National Science Foundation, the Department of Agriculture, the National Oceanic and Atmospheric Administration, and the Peace Corps. | Clean Cookstoves and Fuels Support Act |
That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for fiscal year 2015, and for other purposes, namely:
DEPARTMENT OF JUSTICE
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and Local Law Enforcement
Assistance'', $140,000,000, to remain available until September 30,
2016, of which--
(1) $115,000,000 is for the Edward Byrne Memorial Justice
Assistance Grant program, of which $15,000,000 is for the
Edward Byrne Memorial criminal justice innovation program;
(2) $5,000,000 is for Drug Courts;
(3) $5,000,000 is for mental health courts;
(4) $10,000,000 is for competitive and evidence-based
programs to reduce gun crime and gang violence; and
(5) $5,000,000 is for a veterans treatment courts program.
juvenile justice programs
For an additional amount for ``Juvenile Justice Programs'',
$10,000,000, to remain available until September 30, 2016, for
community-based violence prevention initiatives, including for public
health approaches to reducing shootings and violence.
Community Oriented Policing Services
community oriented policing services programs
For an additional amount for ``Community Oriented Policing Services
Programs'', $30,000,000, to remain available until September 30, 2016,
of which--
(1) $15,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and
laboratory dump seizures: Provided, That funds appropriated
under this paragraph shall be utilized for investigative
purposes to locate or investigate illicit activities, including
precursor diversion, laboratories, or methamphetamine
traffickers; and
(2) $15,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including
activities related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful heroin and
prescription opioid traffickers through statewide
collaboration.
INDEPENDENT AGENCIES
Small Business Administration
entrepreneurial development programs
For an additional amount for ``Entrepreneurial Development
Programs'', $4,000,000, to remain available until September 30, 2016.
business loans program account
For an additional amount for ``Business Loans Program Account'',
$1,000,000, to remain available until expended, for the cost of direct
loans.
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment Services'',
$265,000,000, to remain available until September 30, 2016.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
maternal and child health
For an additional amount for the Healthy Start Initiative under
section 330H of the Public Health Service Act (42 U.S.C. 254c-8),
$50,000,000, to remain available until September 30, 2016.
Substance Abuse and Mental Health Services Administration
substance abuse treatment
For an additional amount for drug court grants as authorized under
section 509 of the Public Health Service Act, $10,000,000, to remain
available until September 30, 2016.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
choice neighborhoods initiative
For an additional amount for ``Choice Neighborhoods Initiative'',
$170,000,000, to remain available until September 30, 2016.
Community Planning and Development
community development fund
(including transfer of funds)
For an additional amount for ``Community Development Fund'',
$500,000,000, to remain available until September 30, 2016, for
necessary expenses related to emergency response, long-term recovery,
restoration of infrastructure and housing, and economic revitalization
in the most impacted and distressed areas resulting from sudden
violence, civil unrest or other major disturbance affecting human life
and safety in calendar year 2015, for activities authorized under title
I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.): Provided, That funds shall be awarded to a State, tribe, or
unit of general local government as a grantee at the discretion of the
Secretary of Housing and Urban Development for distressed communities
determined by the Secretary to be distressed due to insufficient
capacity to respond to and recover from the unanticipated event and
objectively measurable criteria such as high levels of racial or income
segregation, or both, low levels of employment among 16 to 64 year
olds, low levels of college enrollment or employment for low-income
youth aged 17 to 25, concentrations of poor-performing schools, high
rates of infant mortality, large numbers of vacant and abandoned homes,
and low-income populations in close proximity to brownfields or other
environmentally hazardous areas: Provided further, That prior to the
obligation of funds, a grantee shall submit a plan to the Secretary for
approval detailing the proposed use of all funds, including criteria
for eligibility and how the use of these funds will address long-term
recovery and restoration of infrastructure and housing and economic
revitalization in the most impacted and distressed areas: Provided
further, That the Secretary shall by notice specify the criteria for
approval of such plans within 45 days of enactment of this Act:
Provided further, That if the Secretary determines that a plan does not
meet such criteria, the Secretary shall disapprove the plan: Provided
further, That funds allocated under this heading shall not be
considered relevant to the non-emergency formula allocations made
pursuant to section 106 of the Housing and Community Development Act of
1974 (42 U.S.C. 5306): Provided further, That the Secretary shall
provide grantees with training on grant management, including on the
use of contracts and subrecipient agreements, and shall require
grantees to incorporate performance requirements and penalties into any
such contracts or subrecipient agreements: Provided further, That, in
administering the funds under this heading, the Secretary may waive, or
specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment) pursuant to a determination by
the Secretary that good cause exists for the waiver or alternative
requirement and that such action is not inconsistent with the overall
purposes of title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.): Provided further, That, notwithstanding
any other provision of law, the Secretary may use up to 30 percent of
these funds to supplement existing, competitively awarded agreements
for technical assistance to provide immediate community response,
recovery, and revitalization assistance to affected communities:
Provided further, That, of the funds made available under this heading,
up to $10,000,000 may be transferred to ``Program Office Salaries and
Expenses--Community Planning and Development'' or to ``Department of
Housing and Urban Development--Office of Inspector General'', for
necessary costs, including information technology costs, of
administering and overseeing funds made available under this heading.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For an additional amount for ``Lead Hazard Reduction'',
$30,000,000, to remain available until September 30, 2016.
GENERAL PROVISIONS
moving-to-work
Sec. 101. The Secretary of Housing and Urban Development shall
extend the current Moving-to-Work agreements of previously designated
participating agencies until the end of each such agency's fiscal year
2028 under the same terms and conditions of such current agreements,
except for any changes to such terms or conditions otherwise mutually
agreed upon by the Secretary and any such agency and such extension
agreements shall prohibit any statutory offset of any reserve balances
equal to four months of operating expenses. Any such reserve balances
that exceed such amount shall remain available to any such agency for
all permissible purposes under such agreement unless subject to a
statutory offset. In addition to other reporting requirements, all
Moving-to-Work agencies shall report financial data to the Department
of Housing and Urban Development as specified by the Secretary, so that
the effect of Moving-to-Work policy changes can be measured.
emergency designation
Sec. 102. Each amount provided in this Act is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, except that each amount shall be available only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
This Act may be cited as the ``Rebuilding Urban Inner Cities Is
Long Overdue Act of 2015'' or the ``REBUILD Act''. | Rebuilding Urban Inner Cities Is Long Overdue Act of 2015 or the REBUILD Act Provides FY2015 supplemental appropriations for the Department of Justice (DOJ), the Small Business Administration (SBA), the Department of Labor, the Department of Health and Human Services (HHS), and the Department of Housing and Urban Development (HUD). Designates each amount provided by this bill as an emergency requirement, pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. Provides that the funds are only available if the President subsequently designates the amounts. (Emergency spending is exempt from discretionary spending limits and other budget enforcement rules.) Provides appropriations to DOJ for: the Office of Justice Programs, including State and Local Law Enforcement Assistance and Juvenile Justice Programs; and Community Oriented Policing Services (COPS). Provides appropriations to the SBA for Entrepreneurial Development Programs and the Business Loans Program Account. Provides appropriations to Labor for the Employment and Training Administration. Provides appropriations to HHS for the Health Resources and Services Administration and the Substance Abuse and Mental Health Services Administration. Provides appropriations to HUD for Public and Indian Housing, Community Planning and Development, and the Office of Lead Hazard Control and Healthy Homes. Requires HUD to extend current Moving to Work agreements of previously designated participating agencies until the end of FY2028, subject to specified requirements and restrictions. (Moving to Work is a demonstration program that provides HUD and local Public Housing Authorities flexibility to test alternative policies for providing housing assistance through the Section 8 Housing Choice Voucher program and the public housing program.) | REBUILD Act |
SECTION 1. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the Fallbrook
Public Utility District, San Diego County, California.
(2) Project.--The term ``Project'' means the impoundment,
recharge, treatment, and other facilities the construction,
operation, watershed management, and maintenance of which is
authorized under section 2.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA RIVER
PROJECT.
(a) Authorization.--The Secretary, acting pursuant to Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter
1093)), and Acts supplemental to and amendatory of that Act (43 U.S.C.
371 et seq.), to the extent that law is not inconsistent with this Act,
may construct, operate, and maintain the Project substantially in
accordance with the final feasibility report and environmental reviews
for the Project and this Act.
(b) Conditions.--The Secretary may construct the Project only after
the Secretary determines that the following conditions have occurred:
(1) Contract.--(A) The District and the Secretary of the
Navy have entered into contracts under subsections (c)(2) and
(e) of section 9 of the Reclamation Project Act of 1939 (43
U.S.C. 485h) to repay to the United States equitable and
appropriate portions, as determined by the Secretary, of the
actual costs of constructing, operating, and maintaining the
Project.
(B) As an alternative to a repayment contract with the
Secretary of the Navy described in subparagraph (A), the
Secretary may allow the Secretary of the Navy to satisfy all or
a portion of the repayment obligation for construction of the
Project on the payment of the share of the Secretary of the
Navy prior to the initiation of construction, subject to a
final cost allocation as described in section 3.
(2) Permits.--The officer or agency of the State of
California authorized by law to grant permits for the
appropriation of water has granted the permits to the Bureau of
Reclamation for the benefit of the Secretary of the Navy and
the District as permittees for rights to the use of water for
storage and diversion as provided in this Act, including
approval of all requisite changes in points of diversion and
storage, and purposes and places of use.
(3) District agreements.--(A) The District has agreed--
(i) to not assert against the United States any
prior appropriative right the District may have to
water in excess of the quantity deliverable to the
District under this Act; and
(ii) to share in the use of the waters impounded by
the Project on the basis of equal priority and in
accordance with the ratio prescribed in section 4(b).
(B) The agreement and waiver under subparagraph (A) and the
changes in points of diversion and storage under paragraph
(2)--
(i) shall become effective and binding only when
the Project has been completed and put into operation;
and
(ii) may be varied by agreement between the
District and the Secretary of the Navy.
(4) Feasibility studies.--The Secretary has determined that
the Project has completed applicable economic, environmental,
and engineering feasibility studies.
SEC. 3. COSTS.
(a) In General.--As determined by a final cost allocation after
completion of the construction of the Project, the Secretary of the
Navy shall be responsible to pay upfront or repay to the Secretary only
that portion of the construction, operation, and maintenance costs of
the Project that the Secretary and the Secretary of the Navy determine
reflects the extent to which the Department of the Navy benefits from
the Project.
(b) Other Contracts.--Notwithstanding subsection (a), the Secretary
may enter into a contract with the Secretary of the Navy for the
impoundment, storage, treatment, and carriage of prior rights water for
domestic, municipal, fish and wildlife, industrial, and other
beneficial purposes using Project facilities.
SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY.
(a) Operation.--The Secretary, the District, or a third party
(consistent with section 6) may operate the Project, subject to a
memorandum of agreement between the Secretary, the Secretary of the
Navy, and the District and under regulations satisfactory to the
Secretary of the Navy with respect to the share of the Project of the
Department of the Navy.
(b) Yield Allotment.--Except as otherwise agreed between the
parties, the Secretary of the Navy and the District shall participate
in the Project yield on the basis of equal priority and in accordance
with the following ratio:
(1) 60 percent of the yield of the Project is allotted to
the Secretary of the Navy.
(2) 40 percent of the yield of the Project is allotted to
the District.
(c) Contracts for Delivery of Excess Water.--
(1) Excess water available to other persons.--If the
Secretary of the Navy certifies to the official agreed on to
administer the Project that the Department of the Navy does not
have immediate need for any portion of the 60 percent of the
yield of the Project allotted to the Secretary of the Navy
under subsection (b), the official may enter into temporary
contracts for the sale and delivery of the excess water.
(2) First right for excess water.--The first right to
excess water made available under paragraph (1) shall be given
the District, if otherwise consistent with the laws of the
State of California.
(3) Condition of contracts.--Each contract entered into
under paragraph (1) for the sale and delivery of excess water
shall include a condition that the Secretary of the Navy has
the right to demand the water, without charge and without
obligation on the part of the United States, after 30 days
notice.
(4) Modification of rights and obligations.--The rights and
obligations of the United States and the District regarding the
ratio, amounts, definition of Project yield, and payment for
excess water may be modified by an agreement between the
parties.
(d) Consideration.--
(1) Deposit of funds.--
(A) In general.--Amounts paid to the United States
under a contract entered into under subsection (c)
shall be--
(i) deposited in the special account
established for the Department of the Navy
under section 2667(e)(1) of title 10, United
States Code; and
(ii) shall be available for the purposes
specified in section 2667(e)(1)(C) of that
title.
(B) Exception.--Section 2667(e)(1)(D) of title 10,
United States Code, shall not apply to amounts
deposited in the special account pursuant to this
subsection.
(2) In-kind consideration.--In lieu of monetary
consideration under paragraph (1), or in addition to monetary
consideration, the Secretary of the Navy may accept in-kind
consideration in a form and quantity that is acceptable to the
Secretary of the Navy, including--
(A) maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities of the
Department of the Navy;
(B) construction of new facilities for the
Department of the Navy;
(C) provision of facilities for use by the
Department of the Navy;
(D) facilities operation support for the Department
of the Navy; and
(E) provision of such other services as the
Secretary of the Navy considers appropriate.
(3) Relation to other laws.--Sections 2662 and 2802 of
title 10, United States Code, shall not apply to any new
facilities the construction of which is accepted as in-kind
consideration under this subsection.
(4) Congressional notification.--If the in-kind
consideration proposed to be provided under a contract to be
entered into under subsection (c) has a value in excess of
$500,000, the contract may not be entered into until the
earlier of--
(A) the end of the 30-day period beginning on the
date on which the Secretary of the Navy submits to the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives a report describing the contract and
the form and quantity of the in-kind consideration; or
(B) the end of the 14-day period beginning on the
date on which a copy of the report referred to in
subparagraph (A) is provided in an electronic medium
pursuant to section 480 of title 10, United States
Code.
SEC. 5. REPAYMENT OBLIGATION OF THE DISTRICT.
(a) Determination.--
(1) In general.--Except as otherwise provided in this
subsection, the general repayment obligation of the District
shall be determined by the Secretary consistent with
subsections (c)(2) and (e) of section 9 of the Reclamation
Project Act of 1939 (43 U.S.C. 485h) to repay to the United
States equitable and appropriate portions, as determined by the
Secretary, of the actual costs of constructing, operating, and
maintaining the Project.
(2) Groundwater.--For purposes of calculating interest and
determining the time when the repayment obligation of the
District to the United States commences, the pumping and
treatment of groundwater from the Project shall be deemed
equivalent to the first use of water from a water storage
project.
(3) Contracts for delivery of excess water.--There shall be
no repayment obligation under this section for water delivered
to the District under a contract described in section 4(c).
(b) Modification of Rights and Obligation by Agreement.--The rights
and obligations of the United States and the District regarding the
repayment obligation of the District may be modified by an agreement
between the parties.
SEC. 6. TRANSFER OF CARE, OPERATION, AND MAINTENANCE.
(a) In General.--The Secretary may transfer to the District, or a
mutually agreed upon third party, the care, operation, and maintenance
of the Project under conditions that are--
(1) satisfactory to the Secretary and the District; and
(2) with respect to the portion of the Project that is
located within the boundaries of Camp Pendleton, satisfactory
to the Secretary, the District, and the Secretary of the Navy.
(b) Equitable Credit.--
(1) In general.--In the event of a transfer under
subsection (a), the District shall be entitled to an equitable
credit for the costs associated with the proportionate share of
the Secretary of the operation and maintenance of the Project.
(2) Application.--The amount of costs described in
paragraph (1) shall be applied against the indebtedness of the
District to the United States.
SEC. 7. SCOPE OF ACT.
(a) In General.--Except as otherwise provided in this section, for
the purpose of this Act, the laws of the State of California shall
apply to the rights of the United States pertaining to the use of water
under this Act.
(b) Limitations.--Nothing in this Act--
(1) provides a grant or a relinquishment by the United
States of any rights to the use of water that the United States
acquired according to the laws of the State of California,
either as a result of the acquisition of the land comprising
Camp Joseph H. Pendleton and adjoining naval installations, and
the rights to the use of water as a part of that acquisition,
or through actual use or prescription or both since the date of
that acquisition, if any;
(2) creates any legal obligation to store any water in the
Project, to the use of which the United States has those
rights;
(3) requires the division under this Act of water to which
the United States has those rights; or
(4) constitutes a recognition of, or an admission by the
United States that, the District has any rights to the use of
water in the Santa Margarita River, which rights, if any, exist
only by virtue of the laws of the State of California.
SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRATION.
Unless otherwise agreed by the Secretary of the Navy, the Project--
(1) shall be operated in a manner which allows the free
passage of all of the water to the use of which the United
States is entitled according to the laws of the State of
California either as a result of the acquisition of the land
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part of
those acquisitions, or through actual use or prescription, or
both, since the date of that acquisition, if any; and
(2) shall not be administered or operated in any way that
will impair or deplete the quantities of water the use of which
the United States would be entitled under the laws of the State
of California had the Project not been built.
SEC. 9. REPORTS TO CONGRESS.
Not later than 2 years after the date of the enactment of this Act
and periodically thereafter, the Secretary and the Secretary of the
Navy shall each submit to the appropriate committees of Congress
reports that describe whether the conditions specified in section 2(b)
have been met and if so, the manner in which the conditions were met.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act--
(1) $60,000,000, as adjusted to reflect the engineering
costs indices for the construction cost of the Project; and
(2) such sums as are necessary to operate and maintain the
Project.
SEC. 11. SUNSET.
The authority of the Secretary to complete construction of the
Project shall terminate on the date that is 10 years after the date of
the enactment of this Act. | Authorizes the Secretary of the Interior (the Secretary) to construct, operate, and maintain the Santa Margarita River Project in accordance with the final feasibility report and this Act.
Authorizes Project construction only after the Secretary determines that: (1) the Fallbrook Public Utility District, San Diego County, and the Navy have entered into contracts to repay to the United States appropriate construction, operating, and maintenance costs (permits the Secretary to allow satisfaction of the repayment obligation of construction costs through payment of the Navy Secretary's share prior to initiation of construction); (2) the authorized California officer or agency has granted water use permits to the Bureau of Reclamation; (3) the District has agreed that it will not assert against the United States any prior right to water in excess of the quantity deliverable under this Act and will share water based on equal priority and a specified ratio; and (4) the Secretary has determined that the Project has completed applicable economic, environmental, and engineering feasibility studies.
Makes the Navy Secretary responsible to pay only that portion of costs that reflects the extent to which the Navy Department benefits from the Project.
Permits operation of the Project by the Secretary, the District, or a third party, subject to a memorandum of agreement and under regulations satisfactory to the Navy Secretary regarding the Navy Department's share of the Project.
Requires the Secretary and the District to participate in the Project yield on the basis of equal priority, with 60% of the Project's yield allotted to the Navy Secretary and 40% allotted to the District. Sets forth provisions governing contracts for the sale and delivery of excess water.
Requires the District's general repayment obligation to be determined by the Secretary consistent with the Reclamation Project Act of 1939.
Authorizes the Secretary to transfer operation of the Project to the District or a mutually agreed upon third party. | To authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trauma Care Systems Planning and
Development Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Federal Government and State governments have
established a history of cooperation in the development,
implementation, and monitoring of integrated, comprehensive
systems for the provision of emergency medical services.
(2) Trauma is the leading cause of death of Americans
between the ages of 1 and 44 years and is the third leading
cause of death in the general population of the United States.
(3) In 1995, the total direct and indirect cost of
traumatic injury in the United States was estimated at
$260,000,000,000.
(4) There are 40,000 fatalities and 5,000,000 nonfatal
injuries each year from motor vehicle-related trauma, resulting
in an aggregate annual cost of $230,000,000,000 in medical
expenses, insurance, lost wages, and property damage.
(5) Barriers to the receipt of prompt and appropriate
emergency medical services exist in many areas of the United
States.
(6) Many States do not have comprehensive trauma care
systems to provide prompt and appropriate services to all their
residents.
(7) The number of deaths from trauma can be reduced by
improving the systems for the provision of emergency medical
services in the United States.
(8) Trauma care systems are an important part of the
emergency preparedness system needed for homeland defense.
SEC. 3. AMENDMENTS.
(a) Establishment.--Section 1201 of the Public Health Service Act
(42 U.S.C. 300d) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, acting through the Administrator of the
Health Resources and Services Administration,'' after
``Secretary'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
(C) by inserting after paragraph (2) the following:
``(3) collect, compile, and disseminate information on the
achievements of, and problems experienced by, State and local
agencies and private entities in providing trauma care and
emergency medical services and, in so doing, give special
consideration to the unique needs of rural areas;'';
(D) in paragraph (4), as redesignated by
subparagraph (B)--
(i) by inserting ``to enhance each State's
capability to develop, implement, and sustain
the trauma care component of each State's plan
for the provision of emergency medical
services'' after ``assistance''; and
(ii) by striking ``and'' after the
semicolon;
(E) in paragraph (5), as redesignated by
subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(F) by adding at the end the following:
``(6) promote the collection and categorization of trauma
data in a consistent and standardized manner.'';
(2) in subsection (b), by inserting ``, acting through the
Administrator of the Health Resources and Services
Administration,'' after ``Secretary''; and
(3) by striking subsection (c).
(b) Clearinghouse on Trauma Care and Emergency Medical Services.--
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended--
(1) by striking section 1202; and
(2) by redesignating section 1203 as section 1202.
(c) Establishment of Programs for Improving Trauma Care in Rural
Areas.--Section 1202(a) of the Public Health Service Act, as such
section was redesignated by subsection (b), is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``, such as advanced trauma life support,''
after ``model curricula'';
(2) in paragraph (4), by striking ``and'' after the
semicolon;
(3) in paragraph (5), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(6) by increasing communication and coordination with
State trauma systems.''.
(d) Requirement of Matching Funds for Fiscal Years Subsequent to
First Fiscal Year of Payments.--Section 1212 of the Public Health
Service Act (42 U.S.C. 300d-12) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) for the third fiscal year of such payments to
the State, not less than $1 for each $1 of Federal
funds provided in such payments for such fiscal year;
``(C) for the fourth fiscal year of such payments
to the State, not less than $2 for each $1 of Federal
funds provided in such payments for such fiscal year;
and
``(D) for the fifth fiscal year of such payments to
the State, not less than $2 for each $1 of Federal
funds provided in such payments for such fiscal
year.''; and
(2) in subsection (b)--
(A) in paragraph (1), by adding ``and'' after the
semicolon;
(B) in paragraph (2), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3).
(e) Requirements With Respect to Carrying Out Purpose of
Allotments.--Section 1213 of the Public Health Service Act (42 U.S.C.
300d-13) is amended--
(1) in subsection (a)--
(A) in paragraph (3), in the matter preceding
subparagraph (A), by inserting ``nationally
recognized'' after ``contains'';
(B) in paragraph (5), by inserting ``nationally
recognized'' after ``contains'';
(C) in paragraph (6), by striking ``specifies
procedures for the evaluation of designated'' and
inserting ``utilizes a program with procedures for the
evaluation of'';
(D) in paragraph (7)--
(i) in the matter preceding subparagraph
(A), by inserting ``in accordance with data
collection requirements developed in
consultation with surgical, medical, and
nursing specialty groups, State and local
emergency medical services directors, and other
trained professionals in trauma care'' after
``collection of data'';
(ii) in subparagraph (A), by inserting
``and the number of deaths from trauma'' after
``trauma patients''; and
(iii) in subparagraph (F), by inserting
``and the outcomes of such patients'' after
``for such transfer'';
(E) by redesignating paragraphs (10) and (11) as
paragraphs (11) and (12), respectively; and
(F) by inserting after paragraph (9) the following:
``(10) coordinates planning for trauma systems with State
disaster emergency planning and bioterrorism hospital
preparedness planning;'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``concerning such'' and inserting ``that
outline resources for optimal care of the
injured patient''; and
(ii) in subparagraph (D), by striking
``1992'' and inserting ``2003''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking
``1991'' and inserting ``2003''; and
(ii) in subparagraph (B), by striking
``1992'' and inserting ``2003''; and
(3) in subsection (c), by striking ``1990, the Secretary
shall develop a model plan'' and inserting ``2002, the
Secretary shall update the model plan''.
(f) Requirement of Submission to Secretary of Trauma Plan and
Certain Information.--Section 1214(a) of the Public Health Service Act
(42 U.S.C. 300d-14(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``1991'' and inserting ``2003'';
and
(B) by inserting ``that includes changes and
improvements made and plans to address deficiencies
identified'' after ``medical services''; and
(2) in paragraph (2), by striking ``1991'' and inserting
``2003''.
(g) Restrictions on Use of Payments.--Section 1215(a)(1) of the
Public Health Service Act (42 U.S.C. 300d-15(a)(1)) is amended by
striking the period at the end and inserting a semicolon.
(h) Requirements of Reports by States.--The Public Health Service
Act (42 U.S.C. 201 et seq.) is amended by striking section 1216 and
inserting the following:
``SEC. 1216. [RESERVED].''.
(i) Report by the Secretary.--Section 1222 of the Public Health
Service Act (42 U.S.C. 300d-22) is amended by striking ``1995'' and
inserting ``2005''.
(j) Funding.--Section 1232(a) of the Public Health Service Act (42
U.S.C. 300d-32(a)) is amended to read as follows:
``(a) Authorization of Appropriations.--For the purpose of carrying
out parts A and B, there are authorized to be appropriated $12,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 through 2007.''.
(k) Conforming Amendment.--Section 1232(b)(2) of the Public Health
Service Act (42 U.S.C. 300d-32(b)(2)) is amended by striking ``1204''
and inserting ``1202''.
(l) Institute of Medicine Study.--Part E of title XII of the Public
Health Service Act (20 U.S.C. 300d-51 et seq.) is amended--
(1) by striking the part heading and inserting the
following:
``Part E--Miscellaneous Programs''
; and
(2) by adding at the end the following:
``SEC. 1254. INSTITUTE OF MEDICINE STUDY.
``(a) In General.--The Secretary shall enter into a contract with
the Institute of Medicine of the National Academy of Sciences, or
another appropriate entity, to conduct a study on the state of trauma
care and trauma research.
``(b) Content.--The study conducted under subsection (a) shall--
``(1) examine and evaluate the state of trauma care and
trauma systems research (including the role of Federal entities
in trauma research) on the date of enactment of this section,
and identify trauma research priorities;
``(2) examine and evaluate the clinical effectiveness of
trauma care and the impact of trauma care on patient outcomes,
with special attention to high-risk groups, such as children,
the elderly, and individuals in rural areas;
``(3) examine and evaluate trauma systems development and
identify obstacles that prevent or hinder the effectiveness of
trauma systems and trauma systems development;
``(4) examine and evaluate alternative strategies for the
organization, financing, and delivery of trauma care within an
overall systems approach; and
``(5) examine and evaluate the role of trauma systems and
trauma centers in preparedness for mass casualties.
``(c) Report.--Not later than 2 years after the date of enactment
of this section, the Secretary shall submit to the appropriate
committees of Congress a report containing the results of the study
conducted under this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000 for each of fiscal
years 2003 and 2004.''.
(m) Residency Training Programs in Emergency Medicine.--Section
1251(c) of the Public Health Service Act (42 U.S.C. 300d-51(c)) is
amended by striking ``1993 through 1995'' and inserting ``2003 through
2007''.
(n) State Grants for Projects Regarding Traumatic Brain Injury.--
Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is
amended in the section heading by striking ``demonstration''.
(o) Interagency Program for Trauma Research.--Section 1261 of the
Public Health Service Act (42 U.S.C. 300d-61) is amended--
(1) in subsection (a), by striking ``conducting basic'' and
all that follows through the period at the end of the second
sentence and inserting ``basic and clinical research on trauma
(in this section referred to as the `Program'), including the
prevention, diagnosis, treatment, and rehabilitation of trauma-
related injuries.'';
(2) by striking subsection (b) and inserting the following:
``(b) Plan for Program.--The Director shall establish and implement
a plan for carrying out the activities of the Program, taking into
consideration the recommendations contained within the report of the
NIH Trauma Research Task Force. The plan shall be periodically
reviewed, and revised as appropriate.'';
(3) in subsection (d)--
(A) in paragraph (4)(B), by striking ``acute head
injury'' and inserting ``traumatic brain injury''; and
(B) in subparagraph (D), by striking ``head'' and
inserting ``traumatic'';
(4) by striking subsection (g);
(5) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively; and
(6) in subsection (h), as redesignated by paragraph (5), by
striking ``2001 through 2005'' and inserting ``2003 through
2007''. | Trauma Care Systems Planning and Development Act of 2002 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to collect, compile, and disseminate information regarding trauma care and emergency medical services, and, in so doing, to give special consideration to the needs of rural areas.Removes provisions dealing with a National Clearinghouse on Trauma Care and Emergency Medical Services.Modifies provision pertaining to grants to improve trauma care in rural areas to allow the Secretary to make grants to entities to improve care by increasing communication and coordination with State trauma systems.Amends provisions concerning matching funds for modifications of the trauma care part of State emergency services plans, including to modify the matching requirements to not less than $1 for each $1 of Federal funds in the third year of payments and not less then $2 for each $1 of Federal funds in the fourth and fifth years (currently the amount is set at not less than $3 for each $1 of Federal funding in the third year and subsequent years).Amends requirements with respect to carrying out the purpose of allotments, including to require a State plan for emergency medical services to coordinate planning for trauma systems with State disaster emergency planning and bioterrorism hospital preparedness planning.Requires States to submit to the Secretary the trauma care part of their emergency services plans in FY 2003 and in following years in order to receive Federal allotments to support the modification of such part.Directs the Secretary to enter into a contract with the Institute of Medicine of the National Academy of Sciences, or another appropriate entity, to conduct a study on the state of trauma care and trauma research. | A bill to amend the Public Health Service Act to add requirements regarding trauma care, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Assault Forensic Evidence
Registry Act of 2010'' or the ``SAFER Act of 2010''.
SEC. 2. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT EVIDENCE
BACKLOGS.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(6) To conduct an audit consistent with subsection (n) of
the samples of sexual assault evidence that are in the
possession of the State or unit of local government and are
awaiting testing.'';
(2) in subsection (c)(3), in the matter preceding
subparagraph (A), by inserting ``from funds made available
under subsection (j)(1)'' after ``paragraph (1)'';
(3) in subsection (d)(3)(C), by striking ``subsection (j)''
and inserting ``subsection (j)(1)'';
(4) in subsection (j)--
(A) by striking ``There are'' and inserting the
following:
``(1) In general.--There are''; and
(B) by adding at the end the following new
paragraph:
``(2) Amounts for auditing sexual assault evidence
backlogs.--In addition to amounts appropriated under paragraph
(1), there are authorized to be appropriated to the Attorney
General for grants for the purpose described in subsection
(a)(6) $10,000,000 for each of fiscal years 2011 through
2014.'';
(5) in subsection (k), in the matter preceding paragraph
(1), by striking ``subsection (j)'' and inserting ``subsection
(j)(1)''; and
(6) by adding at the end the following new subsection:
``(n) Use of Funds for Auditing Sexual Assault Evidence Backlogs.--
``(1) Eligibility.--The Attorney General may award a grant
under this section to a State or unit of local government for
the purpose described in subsection (a)(6) only if the State or
unit of local government--
``(A) submits a plan for performing the audit of
samples described in such subsection; and
``(B) includes in such plan a good-faith estimate
of the number of such samples.
``(2) Grant conditions.--A State or unit of local
government receiving a grant for the purpose described in
subsection (a)(6) shall--
``(A) not later than 1 year after receiving such
grant--
``(i) complete the audit referred to in
paragraph (1)(A) in accordance with the plan
submitted under such paragraph; and
``(ii) for each sample of sexual assault
evidence identified in such audit, subject to
paragraph (4), enter into the Sexual Assault
Forensic Evidence Registry established under
section 3 of the SAFER Act of 2010 the
information listed in subsection (b)(1) of such
section;
``(B) not later than 14 days after receiving
possession of a sample of sexual assault evidence that
was not in the possession of the State or unit of local
government at the time of such audit, subject to
paragraph (4), enter into such Registry the information
listed in such subsection with respect to the sample;
and
``(C) not later than 30 days after a change in the
status referred to in subparagraph (E) of such
subsection of a sample with respect to which the State
or unit of local government has entered information
into such Registry, update such status.
``(3) Extension of initial deadline.--The Attorney General
may grant an extension of the deadline in paragraph (2)(A) to a
State or unit of local government that demonstrates that more
time is required for compliance with such paragraph.
``(4) Samples exempt from registry requirement.--A State or
unit of local government is not required under paragraph (2) to
enter into the Registry described in such paragraph information
with respect to a sample of sexual assault evidence if--
``(A) the sample is not considered criminal
evidence (such as a sample collected anonymously from a
victim who is unwilling to make a criminal complaint);
or
``(B) the sample relates to a sexual assault for
which the prosecution of each perpetrator is barred by
a statute of limitations.
``(5) Definitions.--In this subsection:
``(A) Awaiting testing.--The term `awaiting
testing' means, with respect to a sample of sexual
assault evidence, that--
``(i) the sample has been collected and is
in the possession of a State or unit of local
government;
``(ii) DNA and other appropriate forensic
analyses have not been performed on such
sample; and
``(iii) the sample is related to a criminal
case or investigation in which final
disposition has not yet been reached.
``(B) Final disposition.--The term `final
disposition' means, with respect to a criminal case or
investigation to which a sample of sexual assault
evidence relates--
``(i) the conviction or acquittal of all
suspected perpetrators of the crime involved;
``(ii) a determination by the State or unit
of local government in possession of the sample
that the case is unfounded; or
``(iii) a declaration by the victim of the
crime involved that the act constituting the
basis of the crime was not committed.
``(C) Possession.--The term `possession', used with
respect to possession of a sample of sexual assault
evidence by a State or unit of local government,
includes possession by an individual who is acting as
an agent of the State or unit of local government for
the collection of the sample.''.
SEC. 3. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall establish a Sexual
Assault Forensic Evidence Registry (in this section referred to as the
``Registry'') that--
(1) allows States and units of local government to enter
information into the Registry about samples of sexual assault
evidence that are in the possession of such States or units of
local government and are awaiting testing; and
(2) tracks the testing and processing of such samples.
(b) Information in Registry.--
(1) In general.--A State or unit of local government that
chooses to enter information into the Registry about a sample
of sexual assault evidence shall include the following
information:
(A) The date of the sexual assault to which the
sample relates.
(B) The city, county, or other appropriate locality
where the sexual assault occurred.
(C) The date on which the sample was collected.
(D) The date on which information about the sample
was entered into the Registry.
(E) The status of the progression of the sample
through testing and other stages of the evidentiary
handling process, including the identity of the entity
in possession of the sample.
(F) The date or dates after which the State or unit
of local government would be barred by any applicable
statutes of limitations from prosecuting a perpetrator
of the sexual assault for the sexual assault.
(G) Such other information as the Attorney General
considers appropriate.
(2) Personally identifiable information.--The Attorney
General shall ensure that the Registry does not include
personally identifiable information or details about a sexual
assault that might lead to the identification of the
individuals involved, except the information listed in
paragraph (1).
(c) Sample Identification Number.--A State or unit of local
government that chooses to enter information about a sample of sexual
assault evidence into the Registry shall assign to the sample a unique
numeric or alphanumeric identifier. In assigning the identifier, a
State or unit of local government may use a case-numbering system used
for other purposes, but the Attorney General shall ensure that the
identifier assigned to each sample is unique with respect to all
samples entered by all States and units of local government.
(d) Update of Information.--A State or unit of local government
that chooses to enter information about a sample of sexual assault
evidence into the Registry shall, not later than 30 days after a change
in the status of the sample referred to in subsection (b)(1)(E), update
such status.
(e) Internet Access.--The Attorney General shall make the Registry
accessible to the public on an appropriate Internet website.
(f) Technical Assistance.--The Attorney General shall--
(1) provide a means by which an entity that does not have
access to the Internet may enter information into the Registry;
and
(2) provide the technical assistance necessary to allow
States and units of local government to participate in the
Registry.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of the
fiscal years 2011 through 2014.
SEC. 4. REPORT ON BEST PRACTICES FOR TESTING AND USE OF DNA EVIDENCE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall develop and
disseminate to law enforcement agencies and other appropriate entities
a report on best practices for the testing and use of DNA evidence
collected as part of the criminal investigation of sexual assault
cases. In developing the best practices, the Attorney General shall
take into account that sexual assault perpetrators are often habitual
offenders, may commit many acts of sexual violence against both
strangers and victims known to them, and may commit other violent
crimes and crimes against property.
(b) Content.--The best practices developed under subsection (a)
shall--
(1) establish the appropriate prioritization of testing of
samples of sexual assault evidence, including samples related
to--
(A) cases in which a suspect has been identified
and cases in which a suspect has not been identified;
and
(B) cases in which the assault was committed by a
stranger and cases in which the assault was committed
by someone known to the victim;
(2) describe the protocols for appropriately handling and
storing samples of sexual assault evidence;
(3) describe the evidentiary value of and make
recommendations pertaining to testing all samples of sexual
assault evidence, including samples related to--
(A) cases in which a suspect has been identified
and cases in which a suspect has not been identified;
(B) cases in which the assault was committed by a
stranger and cases in which the assault was committed
by someone known to the victim;
(C) cases in which prosecution of a perpetrator is
barred by an applicable statute of limitations; and
(D) cases in which forensic evidence has been
collected from a victim who, pursuant to section
2010(d)(1) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-4(d)(1)), chooses
not to participate in the criminal justice system or
cooperate with law enforcement; and
(4) make recommendations with respect to notifying a victim
that the sample of sexual assault evidence of the victim has
been tested, including victims in cases--
(A) that are actively being investigated (including
cases being actively investigated after a period of
dormancy); and
(B) in which prosecution of a perpetrator is barred
by an applicable statute of limitations.
(c) Sense of Congress.--It is the sense of Congress that law
enforcement agencies and other appropriate entities should use the best
practices developed and disseminated under subsection (a) to develop,
evaluate, and improve DNA evidence protocols.
SEC. 5. REPORTS TO CONGRESS.
Not later than 90 days after the end of each fiscal year for which
a grant is made for the purpose described in section 2(a)(6) of the DNA
Analysis Backlog Elimination Act of 2000, as added by section 2(1) of
this Act, the Attorney General shall submit to Congress a report that--
(1) lists the States and units of local government that
have been awarded such grants and the amount of the grant
received by each such State or unit of local government;
(2) states the number of extensions granted by the Attorney
General under section 2(n)(3) of such Act, as added by section
2(6) of this Act; and
(3) summarizes the processing status of the samples of
sexual assault evidence on which information has been entered
into the Sexual Assault Forensic Evidence Registry established
under section 3, including the number of samples that have not
been tested. | Sexual Assault Forensic Evidence Registry Act of 2010 or the SAFER Act of 2010 - Amends the DNA Analysis Backlog Elimination Act of 2000 to: (1) allow states or local governments to use grant funds under such Act to conduct audits of samples of sexual assault evidence that are awaiting testing; and (2) provide funding in FY2011-FY2014 for such purpose. Authorizes the Attorney General to award grants for such audits only if the grant recipient (i.e., a state or local government) submits a plan for performing the audit of samples of sexual assault evidence and includes a good-faith estimate of the number of such samples.
Requires the Attorney General to: (1) establish a Sexual Assault Forensic Evidence Registry to include information about samples of sexual assault evidence awaiting testing and to track the testing and processing of such samples; and (2) develop and disseminate to law enforcement and other appropriate agencies a report on best practices for the testing and use of DNA evidence collected as part of a criminal investigation of sexual assault cases. Sets forth requirements relating to information required to be included in such Registry, the protection of personally identifiable information in the Registry, and the updating of information in the Registry.
Expresses the sense of Congress that law enforcement agencies and other appropriate entities should use the best practices developed by the Attorney General to develop, evaluate, and improve DNA evidence protocols. | To amend the DNA Analysis Backlog Elimination Act of 2000 to provide for Debbie Smith grants for auditing sexual assault evidence backlogs and to establish a Sexual Assault Forensic Evidence Registry, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandates Information Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) before acting on proposed private sector mandates,
Congress should carefully consider their effects on consumers,
workers, and small businesses;
(2) Congress has often acted without adequate information
concerning the costs of private sector mandates, instead
focusing only on their benefits;
(3) the costs of private sector mandates are often borne in
part by consumers, in the form of higher prices and reduced
availability of goods and services;
(4) the costs of private sector mandates are often borne in
part by workers, in the form of lower wages, reduced benefits,
and fewer job opportunities; and
(5) the costs of private sector mandates are often borne in
part by small businesses, in the form of hiring disincentives
and stunted growth.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to improve the quality of Congress' deliberation with
respect to proposed mandates on the private sector, by--
(A) providing Congress with more complete
information about the effects of such mandates; and
(B) ensuring that Congress acts on such mandates
only after focused deliberation on their effects; and
(2) to enhance the ability of Congress to distinguish
between private sector mandates that harm consumers, workers,
and small businesses, and mandates that help those groups.
SEC. 4. FEDERAL PRIVATE SECTOR MANDATES.
(a) In General.--
(1) Estimates.--Section 424(b) of the Congressional Budget
Act of 1974 (2 U.S.C. 658c(b)) is amended by adding at the end
the following:
``(4) Estimate of indirect impacts.--
``(A) In general.--In preparing estimates under
paragraph (1), the Director shall also estimate, if
feasible, the impact (including any disproportionate
impact in particular regions or industries) on
consumers, workers, and small businesses, of the
Federal private sector mandates in the bill or joint
resolution, including--
``(i) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on consumer prices and on the
actual supply of goods and services in consumer
markets;
``(ii) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on worker wages, worker
benefits, and employment opportunities; and
``(iii) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on the hiring practices,
expansion, and profitability of businesses with
100 or fewer employees.
``(B) Estimate not considered in determination.--
The estimate prepared under this paragraph shall not be
considered in determining whether the direct costs of
all Federal private sector mandates in the bill or
joint resolution will exceed the threshold specified in
paragraph (1).''.
(2) Point of order.--Section 424(b)(3) of the Congressional
Budget Act of 1974 (2 U.S.C. 658c(b)(3)) is amended by adding
after the period ``If such determination is made by the
Director, a point of order under this part shall lie only under
section 425(a)(1) and as if the requirement of section
425(a)(1) had not been met.''.
(3) Threshold amounts.--Section 425(a)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 658d(a)(2)) is
amended by striking ``Federal intergovernmental mandates by an
amount that causes the thresholds specified in section
424(a)(1)'' and inserting ``Federal mandates by an amount that
causes the thresholds specified in section 424 (a)(1) or
(b)(1)''.
(4) Application relating to appropriations committees.--
Section 425(c)(1)(B) of the Congressional Budget Act of 1974 (2
U.S.C. 658d(c)(1)(B)) is amended--
(A) in clause (i) by striking
``intergovernmental'';
(B) in clause (ii) by striking
``intergovernmental'';
(C) in clause (iii) by striking
``intergovernmental''; and
(D) in clause (iv) by striking
``intergovernmental''.
(5) Application relating to congressional budget office.--
Section 427 of the Congressional Budget Act of 1974 (2 U.S.C.
658f) is amended by striking ``intergovernmental''.
(b) Exercise of Rulemaking Powers.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they shall be considered as part of the rules of such House,
respectively, and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of each House. | Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committees.
Requires the Director, at the request of a Senator, to prepare an estimate of the direct costs of a Federal mandate (currently, Federal intergovernmental mandate) contained in such Senator's amendment. | Mandates Information Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Finance Improvement Act of
2000''.
SEC. 2. EXPANDING REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS.
(a) Requiring Reporting of All Contributions of $200 or More Within
10 Days of Receipt.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434) is amended by adding at the end the following
new subsection:
``(d)(1) Each political committee which receives a contribution of
$200 or more shall notify the Commission of the contribution not later
than 10 days after receipt, and shall include the identification of the
contributor, the date of receipt and amount of the contribution, and
(in the case of an authorized committee of a candidate) the name of the
candidate and the office sought by the candidate.
``(2) The report required under this subsection shall be in
addition to all other reports required under this Act.''.
(b) Expanding Types of Contributions to Principal Campaign
Committees Subject to Expedited Reporting.--Section 304(a)(6)(A) of
such Act (2 U.S.C. 434(a)(6)(A)) is amended--
(1) by striking ``$1,000'' and inserting ``$200''; and
(2) by striking ``20th day'' and inserting ``90th day''.
SEC. 3. REQUIRING MAJORITY OF AMOUNT OF CONTRIBUTIONS ACCEPTED BY
CONGRESSIONAL CANDIDATES TO COME FROM IN-STATE RESIDENTS.
(a) In General.--Section 315 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a) is amended by adding at the end the following
new subsection:
``(i)(1) The total amount of contributions accepted with respect to
an election by a candidate for the office of Senator or the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress from in-State individual residents shall be at least 50
percent of the total amount of contributions accepted from all sources.
``(2) If a candidate in an election makes expenditures of personal
funds (including contributions by the candidate or the candidate's
spouse to the candidate's authorized campaign committee) in an amount
in excess of $250,000, paragraph (1) shall not apply with respect to
any opponent of the candidate in the election.
``(3) In determining the amount of contributions accepted by a
candidate for purposes of paragraph (1), the amounts of any
contributions made by a political committee of a political party shall
be allocated as follows:
``(A) 50 percent of such amounts shall be deemed to be
contributions from in-State individual residents.
``(B) 50 percent of such amounts shall be deemed to be
contributions from persons other than in-State individual
residents.
``(4) As used in this subsection, the term `in-State individual
resident' means an individual who resides in the State in which the
election involved is held.''.
(b) Reporting Requirements.--Section 304 of such Act (2 U.S.C.
434), as amended by section 2(a), is further amended by adding at the
end the following new subsection:
``(e)(1) Each principal campaign committee of a candidate for the
Senate or the House of Representatives shall include the following
information in the first report filed under subsection (a)(2) which
covers the period which begins 19 days before an election and ends 20
days after the election:
``(A) The total contributions received by the committee
with respect to the election involved from in-State individual
residents (as defined in section 315(i)(4)), as of the last day
of the period covered by the report.
``(B) The total contributions received by the committee
with respect to the election involved from all persons, as of
the last day of the period covered by the report.
``(2)(A) Each principal campaign committee of a candidate for the
Senate or the House of Representatives shall submit a notification to
the Commission of the first expenditure of personal funds (including
contributions by the candidate or the candidate's spouse to the
committee) by which the aggregate amount of personal funds expended (or
contributed) with respect to the election exceeds $250,000.
``(B) Each notification under subparagraph (A)--
``(I) shall be submitted not later than 24 hours after the
expenditure or contribution which is the subject of the
notification is made; and
``(II) shall include the name of the candidate, the office
sought by the candidate, and the date of the expenditure or
contribution and amount of the expenditure or contribution
involved.''.
(c) Penalty for Violation of Limits.--Section 309(d) of such Act (2
U.S.C. 437g(d)) is amended by adding at the end the following new
paragraph:
``(4)(A) Any candidate who knowingly and willfully accepts
contributions in excess of any limitation provided under section 315(i)
shall be fined an amount equal to the greater of 200 percent of the
amount accepted in excess of the applicable limitation or (if
applicable) the amount provided in paragraph (1)(A).
``(B) Interest shall be assessed against any portion of a fine
imposed under subparagraph (A) which remains unpaid after the
expiration of the 30-day period which begins on the date the fine is
imposed.''.
SEC. 4. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON
IDENTIFICATION OF CONTRIBUTORS.
Section 302(i) of the Federal Election Campaign Act of 1971 (2
U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and inserting
``(i)(1) Except as provided in paragraph (2), when the
treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to information
regarding the identification of any person who makes a contribution or
contributions aggregating more than $200 during a calendar year (as
required to be provided under subsection (c)(3)).''.
SEC. 5. LOWERING THRESHOLD FOR CASH CONTRIBUTIONS.
Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441g) is amended by striking ``exceed $100'' and inserting ``exceed
$20''.
SEC. 6. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a) is amended by adding at the end the following new
paragraph:
``(9)(A) For purposes of the limitations imposed by this section,
any contribution made by a dependent minor shall be treated as follows:
``(i) If the dependent minor is the dependent of one other
individual, the contribution shall be treated as a contribution
made by such other individual.
``(ii) If the dependent minor is the dependent of another
individual and such other individual's spouse, the contribution
shall be allocated among such individuals in such manner as
such other individuals may determine.
``(B) In this paragraph, the term `dependent minor' means an
individual who--
``(i) is a dependent of another individual; and
``(ii) has not, as of the time of making the contribution
involved, attained the legal age for voting in elections for
Federal office in the State in which such individual
resides.''.
SEC. 7. PROHIBITING NON-CITIZEN INDIVIDUALS FROM MAKING CONTRIBUTIONS
IN CONNECTION WITH FEDERAL ELECTIONS.
Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e(b)(2)) is amended by striking ``and who is not lawfully
admitted'' and all that follows and inserting a period.
SEC. 8. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF
POLITICAL PARTIES.
(a) Transfers of Funds by National Political Parties.--Section
304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (H);
(2) by adding ``and'' at the end of subparagraph (I); and
(3) by adding at the end the following new subparagraph:
``(J) in the case of a political committee of a
national political party, all funds transferred to any
political committee of a State or local political
party, without regard to whether or not the funds are
otherwise treated as contributions or expenditures
under this title;''.
(b) Disclosure by State Political Parties of Information Reported
Under State Law.--Section 304 of such Act (2 U.S.C. 434), as amended by
sections 2(a) and 3(b), is further amended by adding at the end the
following new subsection:
``(f) If a political committee of a State political party is
required under a State or local law, rule, or regulation to submit a
report on its disbursements to an entity of the State or local
government, the committee shall file a copy of the report with the
Commission at the time it submits the report to such an entity.''.
SEC. 9. PROHIBITING INVOLUNTARY ASSESSMENT OF EMPLOYEE FUNDS FOR
POLITICAL ACTIVITIES.
(a) In General.--Section 316 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441b) is amended by adding at the end the following
new subsection:
``(c)(1) Except with the separate, prior, written, voluntary
authorization of each individual, it shall be unlawful--
``(A) for any national bank or corporation described in
this section to collect from or assess its stockholders or
employees any dues, initiation fee, or other payment as a
condition of employment if any part of such dues, fee, or
payment will be used for political activity in which the
national bank or corporation is engaged; and
``(B) for any labor organization described in this section
to collect from or assess its members or nonmembers any dues,
initiation fee, or other payment if any part of such dues, fee,
or payment will be used for political activity in which the
labor organization is engaged.
``(2) An authorization described in paragraph (1) shall remain in
effect until revoked and may be revoked at any time. Each entity
collecting from or assessing amounts from an individual with an
authorization in effect under such paragraph shall provide the
individual with a statement that the individual may at any time revoke
the authorization.
``(3) For purposes of this subsection, the term `political
activity' means any activity carried out for the purpose of influencing
(in whole or in part) any election for Federal office, influencing the
consideration or outcome of any Federal legislation or the issuance or
outcome of any Federal regulations, or educating individuals about
candidates for election for Federal office or any Federal legislation,
law, or regulations.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to amounts collected or assessed on or after the date of the
enactment of this Act.
SEC. 10. PROHIBITING AUTHORIZED COMMITTEES OF CANDIDATES FROM ACCEPTING
CONTRIBUTIONS FROM AUTHORIZED COMMITTEES OF OTHER
CANDIDATES.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by section 3(a), is amended by adding at the end the
following new subsection:
``(j)(1) Except as provided in paragraph (2), the authorized
committee of a candidate for election for Federal office may not accept
any contribution from an authorized committee of another candidate for
election for Federal office.
``(2) Paragraph (1) does not apply to the transfer of funds between
an authorized committee of a candidate for election for Federal office
and an authorized committee of the same candidate for election for
another Federal office.''.
SEC. 11. REQUIRING FEC TO MAKE SOFTWARE AVAILABLE FOR ELECTRONIC
FILING.
Section 311(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 438(a)) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) through competitive bidding, obtain and provide for
computer software required to carry out the electronic filing
of designations, statements, and reports under this Act.''.
SEC. 12. REQUIRING BROADCASTERS TO PROVIDE FREE RESPONSE TIME TO
CANDIDATES SUBJECT TO SOFT MONEY ADVERTISEMENTS.
Section 317 of the Communications Act of 1934 (47 U.S.C. 317) is
amended--
(1) by striking ``radio station'' each place it appears and
inserting ``broadcast station''; and
(2) by adding at the end of subsection (a) the following
new paragraph:
``(3)(A) A broadcast station may not accept for broadcast any soft
money advertisement which contains the image, name, or likeness of a
candidate for election for Federal office unless the station agrees to
broadcast without charge--
``(i) if the soft money advertisement referred to or
presented the candidate in a critical or negative manner, an
advertisement provided by an authorized committee of such
candidate, under conditions (such as the time of broadcast)
similar to those under which the soft money advertisement was
broadcast; or
``(ii) if the soft money advertisement referred to or
presented the candidate in a positive manner, an advertisement
provided by an authorized committee of the candidate's opponent
in the election, under conditions (such as the time of
broadcast) similar to those under which the soft money
advertisement was broadcast.
``(B) In this paragraph, the term `soft money advertisement' means
an advertisement whose costs are financed (in whole or in part) with
funds which are not subject to the limitations, prohibitions, and
reporting requirements of title III of the Federal Election Campaign
Act of 1971, but does not include any advertisement whose costs are
entirely financed by an authorized committee of a candidate for
election for Federal office.
``(C) In this paragraph, the terms `authorized committee',
`candidate', `election', and `Federal office' have the meaning given
such terms in section 301 of the Federal Election Campaign Act of 1971
(2 U.S.C. 431).''.
SEC. 13. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
apply with respect to elections and transactions occurring after
December 31, 2000. | Amends FECA to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged.
States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization.
Amends FECA to: (1) prohibit an authorized committee of a candidate for Federal office from accepting any contribution from an authorized committee of another candidate for Federal office except with regard to the transfer of funds between an authorized committee of a candidate for Federal office and an authorized committee of the same candidate for another Federal office; and (2) require the FEC to obtain and provide for the computer software required to carry out electronic filings under FECA.
Amends the Communications Act of 1934 to prohibit a broadcast station from accepting for broadcast any soft money advertisement which contains the image, name, or likeness of a candidate for election for Federal office unless the station agrees to broadcast without charge: (1) if the soft money advertisement referred to or presented the candidate in a critical or negative manner, an advertisement provided by an authorized committee of such candidate, under conditions similar to those under which the soft money advertisement was broadcast; or (2) if the soft money advertisement referred to or presented the candidate in a positive manner, an advertisement provided by an authorized committee of the candidates's opponent in the election, under conditions (such as the time of broadcast) similar to those under which the soft money advertisement was broadcast. | Campaign Finance Improvement Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Violence Prevention Act of
1999''.
TITLE I--EXPANSION OF INSTANT GUN CHECK CAPABILITIES
SEC. 101. EXPANSION OF BYRNE PURPOSES.
Section 501(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3751(b)) is amended--
(1) by redesignating paragraphs (16) through (26) as (17)
through (27), respectively; and
(2) by inserting after paragraph (15) the following:
``(16) developing or expanding a State instant criminal
background check system that includes allowing only limited
access of the system, regarding the eligibility status of a
proposed firearm purchaser (after receiving the purchaser's
express authorization), to a person who sells a firearm and is
not a licensed dealer;''.
SEC. 102. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.
Section 509 of Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3759) is amended by--
(1) in subsection (a), by striking ``5 percent'' and insert
``6 percent''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in the first paragraph (4), by striking the
period and inserting ``; and'';
(C) by redesignating the second paragraph (4) that
ends with ``1993.''as paragraph (6); and
(B) by inserting after the first paragraph (4) the
following:
``(5) developing or expanding a State instant criminal
background check system that includes allowing only limited
access of the system, regarding the eligibility status of a
proposed firearm purchaser (after receiving the purchaser's
express authorization), to a person who sells a firearm and is
not a licensed dealer; and''.
TITLE II--NONREFUNDABLE CREDIT FOR PURCHASE OF SAFE STORAGE DEVICES FOR
FIREARMS
SEC. 201. NONREFUNDABLE CREDIT FOR PURCHASE OF SAFE STORAGE DEVICES FOR
FIREARMS.
(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 25A the
following new section:
``SEC. 25B. PURCHASE OF SAFE STORAGE DEVICES FOR FIREARMS.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for a taxable year an amount
equal to the qualified firearm safe storage device expenses for the
taxable year.
``(b) Lifetime Dollar Limitation.--The aggregate amount of expenses
paid by an individual which may be treated as qualified firearm safe
storeage device expenses for any taxable year shall not exceed the
excess (if any) of--
``(1) $250, over
``(2) the aggregate amounts treated as qualified firearm
safe storeage device expenses with respect to such individual
for all prior taxable years.
``(c) Qualified Firearm Safe Storage Device Expense.--For purposes
of this section--
``(1) In general.--The term `qualified firearm safe storage
device expense' means amounts paid for a trigger lock, secure
locked cabinet, or other safety device used solely for the
storeage of a firearm.
``(2) Firearm.--The term `firearm' has the meaning given
such term by section 921(a)(3) of title 18, United States
Code.''.
(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 25A the following new
item:
``Sec. 25B. Purchase of safe storage
devices for firearms.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
TITLE III--HANDGUN CHILD SAFETY LOCKS
SEC. 301. PROHIBITION AGAINST MANUFACTURE OF A HANDGUN WITHOUT CHILD
SAFETY LOCKS.
(a) Prohibition Against Manufacture of Handgun Without Child Safety
Lock Attached.--
(1) Prohibition.--It shall be unlawful for any person, in
or affecting commerce, to manufacture a handgun in the United
States, unless a child safety lock which meets the requirement
of subsection (b) is attached to, or is an integral part of,
the firearm.
(2) Penalties.--The Secretary shall impose a civil fine of
$5,000 on any person who violates paragraph (1).
(b) Child Safety Lock Requirements.--A lock meets the requirements
of this subsection if the lock, while activated or attached to the
firearm, prevents the firearm from being discharged.
(c) Judicial Review.--Not later than 60 days after an individual
receives notice from the Secretary of a decision to impose a fine on
the individual under this section, the individual may bring an action
against the Secretary in any United States district court for de novo
review of the decision.
(d) Inapplicability to Governmental Entities.--Subsection (a) shall
not apply to conduct of, or authorized by, the United States or any
department or agency thereof, or any State or any department, agency,
or political subdivision thereof.
(e) Definitions.--As used in this section, the terms ``State'',
``handgun'', and ``Secretary'' shall have the meanings given such terms
in section 921(a) of title 18, United States Code.
TITLE IV--CHILD FIREARM ACCESS PREVENTION
SEC. 401. CHILDREN AND FIREARMS SAFETY.
(a) Secure Gun Storage or Safety Device.--Section 921(a) of title
18, United States Code, is amended by adding at the end the following:
``(35) The term `secure gun storage or safety device' means--
``(A) a device that, when installed on a firearm, prevents
the firearm from being operated without first deactivating or
removing the device;
``(B) a device incorporated into the design of the firearm
that prevents the operation of the firearm by anyone not having
authorized access to the device; or
``(C) a safe, gun safe, gun case, lock box, or other device
that is designed to be or can be used to store a firearm and
that can be unlocked only by means of a key, a combination, or
other similar means.''.
(b) Prohibition and Penalties.--Section 922 of title 18, United
States Code, is amended by inserting after subsection (y) the
following:
``(z) Prohibition Against Giving Juveniles Access to Certain
Firearms.--
``(1) Definition of juvenile.--In this subsection, the term
`juvenile' means an individual who has not attained the age of
18 years.
``(2) Prohibition.--Except as provided in paragraph (3),
any person that--
``(A) keeps a loaded firearm, or an unloaded
firearm and ammunition for the firearm, any of which
has been shipped or transported in interstate or
foreign commerce or otherwise substantially affects
interstate or foreign commerce, within any premise that
is under the custody or control of that person; and
``(B) knows, or reasonably should know, that a
juvenile is capable of gaining access to the firearm
without the permission of the parent or legal guardian
of the juvenile,
shall, if a juvenile obtains access to the firearm and thereby
causes death or bodily injury to the juvenile or to any other
person, or exhibits the firearm either in a public place, or in
violation of subsection (q), be imprisoned not more than 1
year, fined not more than $10,000, or both.
``(3) Exceptions.--Paragraph (2) does not apply if--
``(A) the person uses a secure gun storage or
safety device for the firearm;
``(B) the person is a peace officer, a member of
the Armed Forces, or a member of the National Guard,
and the juvenile obtains the firearm during, or
incidental to, the performance of the official duties
of the person in that capacity;
``(C) the juvenile obtains, or obtains and
discharges, the firearm in a lawful act of self-defense
or defense of 1 or more other persons;
``(D) the person has no reasonable expectation,
based on objective facts and circumstances, that a
juvenile is likely to be present on the premises on
which the firearm is kept; or
``(E) the juvenile obtains the firearm as a result
of unlawful entry by the juvenile.''.
(c) Role of Licensed Firearms Dealers.--Section 926 of title 18,
United States Code, is amended by adding at the end the following:
``(d) The Secretary shall ensure that a copy of section 922(z)
appears on the form required to be obtained by a licensed dealer from a
prospective transferee of a firearm.''.
(d) No Effect on State Law.--Nothing in this section or the
amendments made by this section shall be construed to preempt any
provision of the law of any State, the purpose of which is to prevent
children from injuring themselves or others with firearms. | TABLE OF CONTENTS:
Title I: Expansion of Instant Gun Check Capabilities
Title II: Nonrefundable Credit for Purchase of Safe Storage
Devices for Firearms
Title III: Handgun Child Safety Locks
Title IV: Child Firearm Access Prevention
Youth Violence Prevention Act of 1999 -
Title I: Expansion of Instant Gun Check Capabilities
- Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of drug control and system improvement (Byrne) grants to develop or expand a State instant criminal background check system that includes allowing a person who sells a firearm and who is not a licensed dealer only limited access of the system regarding the eligibility status of a proposed firearm purchaser (after receiving the purchaser's express authorization).
(Sec. 102) Amends such Act to: (1) require each State which receives grants to allocate not less than six (currently, five) percent of funds received to the improvement of criminal justice records; and (2) authorize the use of such funds to develop or expand a State instant criminal background check system that includes allowing only such limited access.
Title II: Nonrefundable Credit for Purchase of Safe Storage Devices for Firearms
- Amends the Internal Revenue Code to allow a non-refundable personal credit against Federal income tax for qualified firearm safe storage device expenses for a taxable year. Limits the aggregate amount of expenses paid by an individual which may be treated as qualified firearm safe storage device expenses for any taxable year to the excess (if any) of $250 over the aggregate amounts treated as qualified firearm safe storage device expenses with respect to such individual for all prior taxable years.
Title III: Handgun Child Safety Locks
- Prohibits the manufacture of a handgun in the United States unless a child safety lock (i.e., a lock which, while activated or attached, prevents the firearm from being discharged) is attached to, or is an integral part of, the firearm. Requires the Secretary of the Treasury to impose a civil fine of $5,000 on any person who violates such prohibition.
Sets forth provisions regarding judicial review and inapplicability of this prohibition to governmental entities within the United States.
Title IV: Child Firearm Access Prevention
- Amends the Brady Handgun Violence Prevention Act to subject any person who keeps a loaded firearm, or an unloaded firearm and ammunition, within any premise under such person's control and who knows, or reasonably should know, that a juvenile is capable of gaining access to the firearm without the permission of the parent or legal guardian, to one year's imprisonment and a $10,000 fine if a juvenile obtains access and causes death or bodily injury or illegally exhibits the firearm in a public place or school zone.
Directs the Secretary to ensure that a copy of such prohibition appears on the form required to be obtained by a licensed dealer from a prospective transferee of a firearm. | Youth Violence Prevention Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Library of Congress Financial
Management Act of 2000''.
TITLE I--LIBRARY OF CONGRESS REVOLVING FUND
SEC. 101. AVAILABILITY OF FUND FOR ACTIVITIES.
The Librarian of Congress (hereafter in this Act referred to as the
``Librarian'') is authorized--
(1) to establish the activities described in section 102 as
Revolving Fund service activities; and
(2) to establish Revolving Fund service units, which may be
partially or fully sustained through the Library of Congress
Revolving Fund established under section 103, to carry out such
activities.
SEC. 102. ACTIVITIES DESCRIBED.
The activities described in this section are as follows:
(1) The preparation of research reports, translations,
analytical studies, and related services for any entity of the
Federal Government or the government of the District of
Columbia.
(2) The provision of any of the following services for
entities of the Federal Government or the government of the
District of Columbia:
(A) The centralized acquisition of publications and
library materials in any format.
(B) Information, research, and library support
services.
(C) Training in library and information services.
(D) Services related to any of the services
described in the preceding subparagraphs.
(3) Decimal classification development.
(4) The operation of a gift shop or other sales of items
associated with collections, exhibits, performances, and
special events of the Library of Congress.
(5) The location, copying, storage, preservation, and
delivery services for library documents and audio-visual
materials (other than basic domestic interlibrary loan
services), and international interlibrary lending.
(6) Special events and programs, performances, exhibits,
workshops, and training.
(7) The cooperative acquisitions program described in
section 207 of the Legislative Branch Appropriations Act, 1998
(2 U.S.C. 182).
SEC. 103. LIBRARY OF CONGRESS REVOLVING FUND.
(a) In General.--
(1) Establishment.--There is established in the Treasury a
revolving fund to be known as the ``Library of Congress
Revolving Fund'' (hereafter in this Act referred to as the
``Fund'').
(2) Contents.--The Fund shall consist of the following
amounts:
(A) Amounts deposited under subsection (b).
(B) Credits under subsection (c).
(C) Such other amounts as may be appropriated for
the Fund under law.
(3) Use of amounts in fund.--Amounts in the Fund shall be
available to the Librarian without fiscal year limitation to
carry out Revolving Fund service activities under this Act.
Obligations for such activities for any fiscal year are limited
to the total amounts specified in appropriations Acts for such
fiscal year.
(b) Amounts Deposited.--
(1) Funds attributable to revolving fund service
activities.--Upon the establishment by the Librarian of an
activity as a Revolving Fund service activity under section
101, the Librarian shall transfer to the Fund the following:
(A) Notwithstanding the requirements of section
1535(d) of title 31, United States Code, any obligated,
unexpended balances existing as of the date of the
establishment which are attributable to such activity.
(B) An amount equal to the difference between--
(i) the total value of the supplies,
inventories, equipment, gift fund balances, and
other assets of the activity; and
(ii) the total value of the liabilities
(including the value of accrued annual leave of
employees) of the activity.
(C) In the case of the cooperative acquisitions
program described in section 207 of the Legislative
Branch Appropriations Act, 1998, the balance existing
in the Cooperative Acquisitions Program Revolving Fund
established under section 207(a) of such Act as of the
date of the establishment of the program as a Revolving
Fund service activity.
(2) Temporary transfers of previously appropriated funds.--
The Librarian may temporarily transfer to the Fund other funds
appropriated to the Library of Congress, except that the Fund
shall reimburse the appropriate accounts of the Library of
Congress for amounts so transferred before the period of
availability of the Library appropriation expires.
(c) Credits.--The Fund shall be credited with all amounts received
by the Librarian which are attributable to Revolving Fund service
activities, including--
(1) fees, advances, and reimbursements;
(2) gifts or bequests of money or property for credit to
such activity or the Fund;
(3) receipts from sales and exchanges of property;
(4) payments for loss or damage to property; and
(5) receivables, inventories, and other assets.
(d) Individual Accounting Requirement.--A separate account shall be
maintained in the Fund with respect to each Revolving Fund service
unit.
(e) Excess Funds.--At such times as the Librarian determines to be
appropriate, the Librarian shall transfer any amount in the Fund that
the Librarian determines to be in excess of the amount required by the
Fund to the Treasury for deposit as miscellaneous receipts.
(f) Annual Report.--Not later than March 31 of each year, the
Librarian shall submit to Congress an audited financial statement for
the Fund for the preceding fiscal year. The audit of such statement
shall be conducted in accordance with Government Auditing Standards for
financial audits issued by the Comptroller General of the United
States.
SEC. 104. OPERATION OF REVOLVING FUND SERVICE ACTIVITIES.
(a) Rates for Purchase of Products and Services.--The Librarian is
authorized to make any products and services provided as Revolving Fund
service activities available for purchase at rates estimated by the
Librarian to be adequate to recover, over a reasonable period of time,
the direct and indirect costs to the activity of providing such
products and services.
(b) Advances of Funds.--Participants in Revolving Fund service
activities shall pay for products and services of the activity by
advance of funds--
(1) if the Librarian determines that amounts in the
Revolving Fund are otherwise insufficient to cover the costs of
providing such products and services; or
(2) upon agreement between participants and the Librarian.
(c) Multi-year Contracting Authority.--In the operation of
Revolving Fund service activities, the Librarian may--
(1) enter into contracts for the lease and acquisition of
goods and services (including severable services) for a period
that begins in one fiscal year and ends in the next fiscal
year, pursuant to section 303L of the Federal Property and
Administrative Services Act (41 U.S.C. 253l); and
(2) enter into multi-year contracts for the acquisition of
property and services, pursuant to section 304B of such Act (41
U.S.C. 254c).
SEC. 105. REPEAL OF COOPERATIVE ACQUISITIONS PROGRAM.
(a) In General.--Section 207 of the Legislative Branch
Appropriations Act, 1998 (2 U.S.C. 182) is repealed.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the establishment by the Librarian of the cooperative
acquisitions program described in section 207 of the Legislative Branch
Appropriations Act, 1998, as a Revolving Fund service activity under
section 101.
SEC. 106. NO EFFECT ON PERSONNEL.
Nothing in this title may be construed to affect the terms and
conditions of employment of any employee of the Library of Congress who
carries out any activity designated as a Revolving Fund service
activity or who is assigned to a Revolving Fund service unit.
TITLE II--CATALOGING PRODUCTS AND SERVICES
SEC. 201. AVAILABILITY OF CATALOGING PRODUCTS AND SERVICES.
(a) In General.--The Librarian of Congress is authorized to make
cataloging products and services created by the Library of Congress
available for purchase at prices that reflect as closely as practicable
the cost of distribution over a reasonable period of time. Any amounts
paid to the Librarian for cataloging products and services pursuant to
this subsection shall be deposited in the Treasury to the credit of the
appropriation for salaries and expenses of the Library of Congress, and
shall remain available until expended for expenses attributable to the
necessary distribution of such products and services.
(b) Definition.--In this title, the term ``cataloging products and
services'' means bibliographic products and services (in any current or
future format) that are used by libraries and library organizations,
including other Library of Congress-created data bases, and related
technical publications.
SEC. 202. CONFORMING AMENDMENT.
The undesignated paragraph beginning ``The Librarian of Congress''
under the heading ``PUBLIC PRINTING AND BINDING'' in section 1 of the
Act entitled ``An Act making appropriations for sundry civil expenses
of the Government for the fiscal year ending June thirtieth, nineteen
hundred and three, and for other purposes'', approved June 28, 1902 (2
U.S.C. 150), is repealed.
TITLE III--LIBRARY OF CONGRESS TRUST FUND BOARD
SEC. 301. REVISIONS TO MEMBERSHIP AND OPERATION OF LIBRARY OF CONGRESS
TRUST FUND BOARD.
(a) Addition of Vice Chair of Joint Committee on the Library as
Board Member.--Section 1 of the Act entitled ``An Act to create a
Library of Congress Trust Fund Board, and for other purposes'',
approved March 3, 1925 (2 U.S.C. 154), is amended in the first sentence
of the first paragraph by inserting ``and the vice chair'' after
``chairman.''
(b) Quorum Requirement.--Section 1 of such Act (2 U.S.C. 154) is
amended in the second sentence of the first paragraph by striking
``Nine'' and inserting ``Seven''.
(c) Temporary Extension of Board Member Term.--Section 1 of such
Act (2 U.S.C. 154) is amended in the first paragraph by inserting after
the first sentence the following: ``Upon request of the chair of the
Board, any member whose term has expired may continue to serve on the
Trust Fund Board until the earlier of the date on which such member's
successor is appointed or the expiration of the 2-year period which
begins on the date such member's term expires.''.
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect
October 1, 2000. | (Sec. 102) Specifies the Fund service activities that may be conducted by Fund Service units.
(Sec. 103) Establishes the Library of Congress Revolving Fund, to be made available to the Librarian without fiscal year limitation, to carry out Fund service activities. Limits the obligations for such activities for any fiscal year to the total amounts specified in appropriations Acts for such fiscal year.
Allows the Librarian to temporarily transfer to the Fund other Funds appropriated to the Library, except that the Fund shall reimburse the appropriate accounts of the Library for amounts so transferred before the period of availability of the Library appropriation expires.
(Sec. 104) Authorizes the Librarian to make products and services provided as Revolving Fund service activities available for purchase at rates adequate to recover related costs.
Requires participants in Revolving Fund service activities to pay for such products and services by advance of funds: (1) if the Librarian determines that amounts in the Revolving Fund are otherwise insufficient to cover the costs of providing such products and services; or (2) upon agreement between participants and the Librarian.
Authorizes the Librarian, in the operation of Fund activities, to enter into: (1) contracts for the lease and acquisition of goods and services for a period that begins in one fiscal year and ends in the next fiscal year, pursuant to the Federal Property and Administrative Services Act; and (2) multi-year contracts for the acquisition of property and services, pursuant to such Act.
(Sec. 105) Repeals provisions of the Legislative Branch Appropriations Act, 1998 establishing the Cooperative Acquisitions Program Revolving Fund for financing a Library program to acquire foreign publications and research materials on behalf of participating institutions on a cost-recovery basis.
(Sec. 106) Prohibits the construction of this title to affect the terms and conditions of employment of any Library of Congress employee who carries out any activities designated as a Revolving Fund service activity or who is assigned to a Revolving Fund service unit.
Title II: Cataloging Products and Services
- Authorizes the Librarian of Congress to make cataloging products and services, created by the Library, available for purchase at prices that reflect as closely as practicable the cost of distribution over a reasonable period.
(Sec. 202) Repeals Federal law provisions that authorize the Librarian of Congress to sell copies of card indexes and other publications to institutions or individuals.
Title III: Library of Congress Trust Fund Board
- Revises the composition of the Library of Congress Trust Fund Board to include the vice chair of the Joint Committee on the Library. Decreases the Board's quorum from nine to seven members for the transaction of business. Provides for a temporary extension of Board members' terms.
Title IV: Effective Date
- Sets forth the effective date of this Act. | Library of Congress Financial Management Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Children From Computer
Pornography Act of 1995''.
SEC. 2. TRANSMISSION BY COMPUTER OF INDECENT MATERIAL TO MINORS.
(a) Offenses.--Section 1464 of title 18, United States Code, is
amended--
(1) in the heading by striking ``Broadcasting obscene
language'' and inserting ``Utterance of indecent or profane
language by radio communication; transmission to minor of
indecent material from remote computer facility, electronic
communications service, or electronic bulletin board service'';
(2) by striking ``Whoever'' and inserting ``(a) Utterance
of Indecent or Profane Language by Radio Communication.--A
person who''; and
(3) by adding at the end the following:
``(b) Transmission to Minor of Indecent Material From Remote
Computer Facility, Electronic Communications Service, or Electronic
Bulletin Board Service Provider.--
``(1) Definitions.--As used in this subsection--
``(A) the term `remote computer facility' means a
facility that--
``(i) provides to the public computer
storage or processing services by means of an
electronic communications system; and
``(ii) permits a computer user to transfer
electronic or digital material from the
facility to another computer;
``(B) the term `electronic communications service'
means any wire, radio, electromagnetic, photo optical,
or photoelectronic system for the transmission of
electronic communications, and any computer facility or
related electronic equipment for the electronic storage
of such communications, that permits a computer user to
transfer electronic or digital material from the
service to another computer; and
``(C) the term `electronic bulletin board service'
means a computer system, regardless of whether operated
for commercial purposes, that exists primarily to
provide remote or on-site users with digital images, or
that exists primarily to permit remote or on-site users
to participate in or create on-line discussion groups
or conferences.
``(2) Transmission by remote computer facility operator,
electronic communications service provider, or electronic
bulletin board service provider.--A remote computer facility
operator, electronic communications service provider,
electronic bulletin board service provider who, with knowledge
of the character of the material, knowingly--
``(A) transmits or offers or attempts to transmit
from the remote computer facility, electronic
communications service, or electronic bulletin board
service provider a communication that contains indecent
material to a person under 18 years of age; or
``(B) causes or allows to be transmitted from the
remote computer facility, electronic communications
service, or electronic bulletin board a communication
that contains indecent material to a person under 18
years of age or offers or attempts to do so,
shall be fined in accordance with this title, imprisoned not
more than 5 years, or both.
``(3) Permitting access to transmit indecent material to a
minor.--Any remote computer facility operator, electronic
communications service provider, or electronic bulletin board
service provider who willfully permits a person to use a remote
computing service, electronic communications service, or
electronic bulletin board service that is under the control of
that remote computer facility operator, electronic
communications service provider, or electronic bulletin board
service provider, to knowingly or recklessly transmit indecent
material from another remote computing service, electronic
communications service, or electronic bulletin board service,
to a person under 18 years of age, shall be fined not more than
$10,000, imprisoned not more than 2 years, or both.''.
(b) Technical Amendment.--The item for section 1464 in the chapter
analysis for chapter 71 of title 18, United States Code, is amended to
read as follows:
``1464. Utterance of indecent or profane language by radio
communication; transmission to minor of
indecent material from remote computer
facility.''. | Protection of Children from Computer Pornography Act of 1995 - Amends the Federal criminal code to prohibit a remote computer facility operator, electronic communications service provider, or electronic bulletin board service provider from knowingly transmitting, or willfully permitting use of his or her service or facility for transmission of, indecent material to a person under 18 years of age. | Protection of Children From Computer Pornography Act of 1995 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Election
Assistance Commission Termination Act''.
(b) Findings.--Congress finds the following:
(1) The Help America Vote Act of 2002 (HAVA) authorized
annual appropriations of not more than $10,000,000 for the
Election Assistance Commission (EAC) for fiscal years 2003,
2004, and 2005. Funding for additional years has not been
authorized, and in fiscal year 2011 the EAC's budget grew to
nearly $18,000,000.
(2) Between 2007 and 2011, the number of staff at the EAC
grew from 26 to 48 without an increase in statutory
responsibility.
(3) 55 percent of the EAC's fiscal year 2014 budget request
is devoted to management costs, the third consecutive year for
which management costs have exceeded one-half of the EAC's
budget.
(4) The EAC has distributed more than $3.2 billion in
election reform grants to the States. The most recent year for
which appropriations for these grants were enacted or were
requested in the President's annual budget was fiscal year
2010.
(5) The EAC last issued voluntary voting system guidelines
in 2005. A total of 11 voting systems currently hold a
certification from the EAC.
(6) The research division of the EAC has substantially
completed the reports required by HAVA.
(7) The National Association of Secretaries of State
adopted resolutions calling for the dissolution of the EAC in
2005 and 2010.
(8) The EAC has not had a quorum of commissioners since
December 2010, and has not had any commissioners since December
2011. The EAC has not had an Executive Director since December
2011, and has not had a General Counsel since May 2012.
(9) The existence of the EAC is not necessary to the
conduct of Federal elections and is an unnecessary expenditure
of taxpayer funds. Any functions of the EAC worth continuing
can be performed by other government entities, consortia of
government entities, or private associations.
SEC. 2. TERMINATION OF ELECTION ASSISTANCE COMMISSION.
(a) Termination.--The Help America Vote Act of 2002 (42 U.S.C.
15301 et seq.) is amended by adding at the end the following new title:
``TITLE X--TERMINATION OF COMMISSION
``SEC. 1001. TERMINATION.
``Effective on the Commission termination date, the Commission
(including the Election Assistance Commission Standards Board and the
Election Assistance Commission Board of Advisors under part 2 of
subtitle A of title II) is terminated and may not carry out any
programs or activities.
``SEC. 1002. OFFICE OF MANAGEMENT AND BUDGET TO PERFORM TRANSITION
FUNCTIONS.
``Except as provided in section 1004, the Director of the Office of
Management and Budget shall, effective upon the Commission termination
date--
``(1) perform the functions of the Commission with respect
to contracts and agreements described in subsection 1003(a)
until the expiration of such contracts and agreements, but
shall not renew any such contract or agreement; and
``(2) take the necessary steps to wind up the affairs of
the Commission.
``SEC. 1003. SAVINGS PROVISIONS.
``(a) Prior Contracts.--The termination of the Commission under
this title shall not affect any contract that has been entered into by
the Commission before the Commission termination date. All such
contracts shall continue in effect until modified, superseded,
terminated, set aside, or revoked in accordance with law by an
authorized Federal official, a court of competent jurisdiction, or
operation of law.
``(b) Obligations of Recipients of Payments.--
``(1) In general.--The termination of the Commission under
this title shall not affect the authority of any recipient of a
payment made by the Commission under this Act prior to the
Commission termination date to use any portion of the payment
that remains unobligated as of the Commission termination date,
and the terms and conditions that applied to the use of the
payment at the time the payment was made shall continue to
apply.
``(2) Special rule for states receiving requirements
payments.--In the case of a requirements payment made to a
State under part 1 of subtitle D of title II, the terms and
conditions applicable to the use of the payment for purposes of
the State's obligations under this subsection (as well as any
obligations in effect prior to the termination of the
Commission under this subtitle), and for purposes of any
applicable requirements imposed by regulations promulgated by
the Director of the Office of Management and Budget, shall be
the general terms and conditions applicable under Federal law,
rules, and regulations to payments made by the Federal
Government to a State, except that to the extent that such
general terms and conditions are inconsistent with the terms
and conditions that are specified under part 1 of subtitle D of
title II or section 902, the terms and conditions specified
under such part and such section shall apply.
``(c) Pending Proceedings.--
``(1) No effect on pending proceedings.--The termination of
the Commission under this title shall not affect any proceeding
to which the Commission is a party that is pending on the
Commission termination date, including any suit to which the
Commission is a party that is commenced prior to such date, and
the Director of the Office of Management and Budget shall be
substituted or added as a party to the proceeding.
``(2) Treatment of orders.--In the case of a proceeding
described in paragraph (1), an order may be issued, an appeal
may be taken, judgments may be rendered, and payments may be
made as if the Commission had not been terminated. Any such
order shall continue in effect until modified, terminated,
superseded, or revoked by an authorized Federal official, a
court of competent jurisdiction, or operation of law.
``(3) Construction relating to discontinuance or
modification.--Nothing in this subsection shall be deemed to
prohibit the discontinuance or modification of any proceeding
described in paragraph (1) under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if the Commission had not been
terminated.
``(4) Regulations for transfer of proceedings.--The
Director of the Office of Management and Budget may issue
regulations providing for the orderly transfer of proceedings
described in paragraph (1).
``(d) Judicial Review.--Orders and actions of the Director of the
Office of Management and Budget in the exercise of functions of the
Commission under section 1002 shall be subject to judicial review to
the same extent and in the same manner as if such orders and actions
had been issued or taken by the Commission. Any requirements relating
to notice, hearings, action upon the record, or administrative review
that apply to any function of the Commission shall apply to the
exercise of such function by the Director.
``SEC. 1004. RETURN TO FEDERAL ELECTION COMMISSION OF AUTHORITY TO
CARRY OUT CERTAIN FUNCTIONS UNDER NATIONAL VOTER
REGISTRATION ACT OF 1993.
``Effective on the Commission termination date, there are
transferred to the Federal Election Commission any functions
transferred to the Election Assistance Commission under section 802
(relating to functions described in section 9(a) of the National Voter
Registration Act of 1993).
``SEC. 1005. COMMISSION TERMINATION DATE.
``The `Commission termination date' is the first date following the
expiration of the 60-day period that begins on the date of the
enactment of this title.''.
(b) Termination of Technical Guidelines Development Committee.--
Section 221 of such Act (42 U.S.C. 15361) is amended by adding at the
end the following new subsection:
``(g) Termination.--Effective on the Commission termination date
described in section 1005, the Development Committee is terminated.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end the following:
``TITLE X--TERMINATION OF COMMISSION
``Sec. 1001. Termination.
``Sec. 1002. Office of Management and Budget to perform transition
functions.
``Sec. 1003. Savings provisions.
``Sec. 1004. Return to Federal Election Commission of authority to
carry out certain functions under National
Voter Registration Act of 1993.
``Sec. 1005. Commission termination date.''.
SEC. 3. CONFORMING AMENDMENTS RELATING TO RETURN OF CERTAIN AUTHORITY
TO FEDERAL ELECTION COMMISSION.
(a) Federal Election Campaign Act of 1971.--Section 311(a) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting a semicolon; and
(3) by adding at the end the following new paragraph:
``(10) carry out the duties described in section 9(a) of
the National Voter Registration Act of 1993.''.
(b) National Voter Registration Act of 1993.--Section 9(a) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) is
amended by striking ``Election Assistance Commission'' and inserting
``Federal Election Commission''.
(c) Effective Date.--The amendments made by this section shall take
effect on the Commission termination date described in section 1005 of
the Help America Vote Act of 2002 (as added by section 2(a)). | . Election Assistance Commission Termination Act - Amends the Help America Vote Act of 2002 to terminate the Election Assistance Commission (EAC), the EAC Standards Board, and the EAC Board of Advisors. Requires the Director of the Office of Management and Budget (OMB) to perform EAC functions with respect to certain existing contracts and agreements during the transition period for winding up EAC affairs. Transfers specified election administration functions of the EAC to the Federal Election Commission (FEC). Terminates the Technical Guidelines Development Committee. | Election Assistance Commission Termination Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Funding for IDEA Now Act of
2001''.
SEC. 2. PURPOSE.
The purpose of this Act is to attain the Federal Government's goal
under part B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.) of providing 40 percent of the national current
average per pupil expenditure to assist States and local educational
agencies with the excess costs of educating children with disabilities
and to make such funding mandatory.
SEC. 3. AMOUNT OF GRANT FOR STATES UNDER PART B OF THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
(a) In General.--Section 611(a) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following:
``(2) Minimum amounts.--The minimum amount of the grant a
State is entitled to receive under this section for a fiscal
year is--
``(A) the number of children with disabilities in
the State who are receiving special education and
related services--
``(i) aged 3 through 5 if the State is
eligible for a grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) 40 percent of the average current per-pupil
expenditure in public elementary and secondary schools
in the United States.
``(3) No individual entitlement.--Paragraph (2) shall not
be interpreted to entitle any individual to assistance under
any State program, project, or activity funded under this
part.''.
(b) Conforming Amendments.--(1) Section 611 of the Individuals with
Disabilities Education Act (20 U.S.C. 1411) is amended by striking
subsection (j).
(2) Section 611 of the Individuals with Disabilities Education Act
(20 U.S.C. 1411), as amended by paragraph (1), is further amended--
(A) in subsection (b)(1), by striking ``From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve not more than one percent, which shall
be used'' and inserting ``From the amount available for any
fiscal year to carry out this part (other than section 619),
the Secretary shall use not more than one percent'';
(B) in subsection (c), by striking ``From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve'' and inserting ``From the amount
available for any fiscal year to carry out this part (other
than section 619), the Secretary shall use'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) by striking ``(1) In general.--''; and
(II) by striking ``paragraph (2) or
subsection (e), as the case may be'' and
inserting ``subsection (e)''; and
(ii) by striking paragraph (2);
(D) in subsection (e)--
(i) in the heading, by striking ``Permanent'';
(ii) in paragraph (1)--
(I) by striking ``subsection (d)(1)'' and
inserting ``subsection (d)''; and
(II) by inserting after ``subsection (j)''
the following: ``(as such subsection was in
effect on the day before the date of the
enactment of the Mandatory IDEA Full Funding
Act of 2001)''; and
(iii) in paragraph (3)(B)--
(I) in clause (ii)--
(aa) in subclause (I)(bb), by
striking ``amount appropriated under
subsection (j)'' and inserting ``amount
available to carry out this part (other
than section 619)'';
(bb) in subclause (II)(bb), by
striking ``appropriated'' and inserting
``available''; and
(cc) in subclause (III)(bb), by
striking ``appropriated'' and inserting
``available''; and
(II) in clause (iii)(II), by striking
``appropriated'' and inserting ``available'';
(E) in subsection (g)--
(i) in paragraph (2)--
(I) by striking subparagraph (A);
(II) by striking ``(B) Permanent
procedure.--'';
(III) by redesignating clauses (i) and (ii)
and subclauses (I) and (II) as subparagraphs
(A) and (B) and clauses (i) and (ii),
respectively; and
(IV) in subparagraph (B) (as redesignated),
by striking ``clause (i)'' and inserting
``subparagraph (A)''; and
(ii) in paragraph (3)(A)--
(i) in clause (i)(I), by striking
``appropriated'' and inserting ``available'';
(ii) in clause (ii), by striking
``appropriated'' and inserting ``available'';
and
(F) in subsection (i)(3)(A), by striking ``appropriated
under subsection (j)'' and inserting ``available to carry out
this part (other than section 619)''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2001. | Full Funding for IDEA Now Act of 2001 - Amends the Individuals with Disabilities Education Act (IDEA) to require specified minimum levels of Federal grant payments to States for assistance for education of all children with disabilities. | To amend the Individuals with Disabilities Education Act to provide full funding for assistance for education of all children with disabilities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Ecology Protection Act
of 2001''.
SEC. 2. BALLAST WATER TREATMENT REGULATIONS REQUIRED.
(a) In General.--Section 1101(b) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711(b)) is
amended by striking paragraphs (1) and (2) and inserting the following:
``(1) In general.--The Secretary of Transportation shall
issue regulations to prevent the introduction and spread of
aquatic nuisance species within the Great Lakes.
``(2) Contents of the regulations.--The regulations
required by paragraph (1) shall--
``(A) ensure to the maximum extent practicable that
ballast water containing aquatic nuisance species is
not discharged into the Great Lakes;
``(B) protect the safety of each vessel, its crew,
and passengers, if any;
``(C) apply to all vessels capable of discharging
ballast water, whether equipped with ballast water tank
systems or otherwise, that enter the Great Lakes after
operating on waters beyond the exclusive economic zone;
``(D) require such vessels to--
``(i) carry out any discharge or exchange
of ballast water before entering the Great
Lakes; or
``(ii) carry out any discharge or exchange
of ballast water within the Great Lakes only in
compliance with the regulations;
``(E) take into consideration different vessel
operating conditions;
``(F) require the use of environmentally sound
treatment methods for ballast water and ballast
sediments in preventing and controlling infestations of
aquatic nuisance species;
``(G) provide for certification by the master of
each vessel entering the Great Lakes that such vessel
is in compliance with the regulations;
``(H) assure compliance through--
``(i) sampling procedures;
``(ii) inspection of records; and
``(iii) imposition of sanctions in
accordance with subsection (g)(1);
``(I) be based on the best scientific information
available;
``(J) not supersede or adversely affect any
requirement or prohibition pertaining to the discharge
of ballast water into the waters of the United States
under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
``(K) include such other matters as the Secretary
considers appropriate.''.
(b) Treatment Methods Defined.--Section 1003 of such Act (16 U.S.C.
4702) is amended by--
(1) redesignating paragraphs (13), (14), (15), (16), and
(17) in order as paragraphs (14), (15), (16), (17), and (18);
and
(2) inserting after paragraph (12) the following:
``(13) `treatment methods' means the treatment of the
contents of ballast water tanks, including the sediments within
such tanks, to remove or destroy living biological organisms
through--
``(A) filtration;
``(B) the application of biocides or ultraviolet
light;
``(C) thermal methods; or
``(D) other treatment techniques approved by the
Secretary;''.
(c) Maximizing Public Participation in the Formulation of Required
Regulations.--The Secretary of Transportation shall maximize public
participation in the issuance of regulations required by the amendment
made by subsection (a), by--
(1) publishing an advance notice of proposed rulemaking;
(2) publishing the advance notice of proposed rulemaking
and the proposed rule through means designed to reach persons
likely to be subject to or affected by the regulations;
(3) making the text of the advance notice of proposed
rulemaking and of the proposed rule available through
electronic means;
(4) providing not less than 120 days for public comment on
the proposed rule;
(5) providing for an effective date that is not less than
30 days after the date of publication of the final rule; and
(6) such other means as the Secretary considers
appropriate.
(d) Required Regulatory Schedule.--
(1) Issuance of advance notice of proposed rulemaking.--
(A) In general.--The Secretary shall issue an
advance notice of proposed rulemaking for the
regulations required by the amendment made by
subsection (a) within 120 days after the date of enactment of this Act.
(B) Timetable for implementation.--The advanced
notice of proposed rulemaking shall contain a detailed
timetable for--
(i) the implementation of treatment methods
determined to be technologically available and
cost-effective at the time of the publication
of the advanced notice of proposed rulemaking;
and
(ii) the development, testing, evaluation,
approval, and implementation of additional
technologically innovative treatment methods.
(2) Issuance of final regulations.--The Secretary shall
issue final regulations--
(A) with respect to the implementation of treatment
methods referred to in paragraph (1)(B)(i), by not
later than 270 days after the date of enactment of this
Act; and
(B) with respect to the additional technologically
innovative treatment methods referred to in paragraph
(1)(B)(ii), by not later than the earlier of--
(i) the date established by the timetable
under paragraph (1)(B) for implementation of
such methods; or
(ii) 720 days after the date of enactment
of this Act. | Great Lakes Ecology Protection Act of 2001 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of Transportation to issue regulations to prevent the introduction and spread of aquatic nuisance species within the Great Lakes. Calls upon such regulations to require, among other things, the use of environmentally sound treatment methods for ballast water and ballast sediments in preventing and controlling infestations of aquatic nuisance species.Sets forth provisions requiring maximum public participation in, and advance notice of, proposed rulemaking with respect to such regulations. | To require the issuance of regulations pursuant to the National Invasive Species Act of 1996 to assure, to the maximum extent practicable, that vessels entering the Great Lakes do not discharge ballast water that introduces or spreads nonindigenous aquatic species and treat such ballast water and its sediments through the most effective and efficient techniques available, and for other purposes. |
SECTION 1. DECLARATION OF POLICY.
It is the policy of the United States to end the needless maiming
and suffering inflicted upon animals through the use of steel jaw
leghold traps by prohibiting the shipment in interstate or foreign
commerce of such traps and of articles of fur from animals that were
trapped in such traps.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) The term ``article of fur'' means--
(A) any furskin bearing hair, raw or not dressed,
or dressed; or
(B) any article, however produced, that consists in
whole or part of any furskin.
For purposes of subparagraph (A), the terms ``furskin'', ``raw
or not dressed'', and ``dressed'' have the same respective
meanings that are given them in headnote 2 of subpart B of part
5 of schedule 1 of the Tariff Schedules of the United States
(19 U.S.C. 1202).
(2) The term ``interstate or foreign commerce'' shall have
the same meaning as that given to such term in section 10 of
title 18, United States Code.
(3) The term ``import'' means to land on, bring into, or
introduce into, any place subject to the jurisdiction of the
United States, whether or not such landing, bringing, or
introduction constitutes an importation within the meaning of
the customs laws of the United States.
(4) The term ``person'' includes any individual,
partnership, association, corporation, trust, or any officer,
employee, agent, department, or instrumentality of the Federal
Government or of any State or political subdivision thereof, or
any other entity subject to the jurisdiction of the United
States.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(6) The term ``steel jaw leghold trap'' means any spring-
powered pan- or sear-activated device with two opposing steel
jaws which is designed to capture an animal by snapping closed
upon the animal's limb or part thereof.
SEC. 3. PROHIBITED ACTS AND PENALTIES.
(a) No article of fur shall be imported, exported, or shipped in
interstate or foreign commerce if any part or portion of such article
is derived from an animal that was trapped in a steel jaw leghold trap.
(b) It is unlawful for any person knowingly--
(1) to import, export, ship or receive any article of fur
in contravention of subsection (a);
(2) to deliver, carry, transport, or ship by any means
whatever, in interstate or foreign commerce, any steel jaw
leghold trap;
(3) to sell, receive, acquire, or purchase any steel jaw
leghold trap that was delivered, carried, transported, or
shipped in contravention of paragraph (2); or
(4) to violate any regulation prescribed by the Secretary
under this section.
(c) Any person who knowingly commits an act which violates
subsection (a) or (b), or any regulation issued under this section,
shall, upon conviction for the first such violation, be fined not more
than $1,000; and, upon conviction for the second and each subsequent
violation, be fined not more than $5,000 and imprisoned for not more
than two years.
SEC. 4. REWARDS.
The Secretary shall pay an amount equal to half of the fine paid to
any person who furnishes information which leads to a conviction of a
criminal violation of any provision of this Act or any regulation
issued thereunder. Any officer or employee of the United States or of
any State or local government who furnishes information or renders
service in the performance of his official duties is not eligible for
payment under this section.
SEC. 5. ENFORCEMENT.
(a) The provisions of this Act and any regulations issued pursuant
thereto shall be enforced by the Secretary, who may utilize by
agreement, with or without reimbursement, the personnel, services, and
facilities of any other Federal agency or any State agency for purposes
of enforcing this Act.
(b) The judges of the district courts of the United States and the
United States magistrates may, within their respective jurisdictions,
upon proper oath or affirmation showing probable cause, issue such
warrants or other process as may be required for enforcement of this
Act and any regulation issued thereunder.
(c) To the maximum extent now or hereafter permitted by Federal
law, any individual having authority to enforce this Act may--
(1) detain for inspection, search, and seize any package,
crate, or other container, including its contents, and all
accompanying documents;
(2) make arrests without a warrant for any violation of
this Act; and
(3) execute and serve any arrest warrant, search warrant,
or other warrant or criminal process issued by any judge or
magistrate of any court of competent jurisdiction for
enforcement of this Act.
Any item seized under this Act shall be held by any person authorized
by the Secretary, pending the disposition of criminal proceedings or
the institution of an action in rem for forfeiture of the item under
paragraph (4); the Secretary may, in lieu of holding the item, permit
the owner or consignee to post a bond or other surety satisfactory to
the Secretary. Upon forfeiture of any such item to the United States,
or the abandonment or waiver of any claim to any such item, it shall be
disposed of (other than by sale to the general public) by the Secretary
in such manner, consistent with the purposes of this Act, as the
Secretary shall prescribe by regulation.
(d) Any article of fur or steel jaw leghold trap taken, possessed,
sold, purchased, offered for sale or purchase, transported, delivered,
received, carried, shipped, exported, or imported contrary to the
provisions of this Act or to any regulation made pursuant thereto,
shall be subject to forfeiture to the United States.
(e) The Attorney General of the United States may seek to enjoin
any person who is alleged to be in violation of any provision of this
Act or regulation issued under authority thereof.
SEC. 6. REGULATIONS.
The Secretary shall prescribe such regulations as are necessary to
enforce the provisions of this Act.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect one year after the date of its
enactment. | Prohibits the shipment in interstate or foreign commerce of steel jaw leghold traps and of articles of fur derived from animals trapped in such traps.
Prescribes criminal penalties for violations of this Act.
Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture. | To end the use of steel jaw leghold traps on animals in the United States. |
SECTION 1. EXTENDED BENEFITS TRIGGER.
(a) In General.--Section 203(d) of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is
amended--
(1) in subparagraph (B) of paragraph (1), by striking ``5
per centum'' and inserting ``4 per centum'', and
(2) in the first flush sentence following paragraph (2), by
striking ``5'' and inserting ``4''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to weeks of unemployment beginning 6 months or more after the
date of the enactment of this Act.
SEC. 2. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS
WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS.
(a) In General.--Section 904 of the Social Security Act (42 U.S.C.
1104) is amended by adding at the end the following new subsection:
``Increase and Decrease in Amount of Earnings Allocated to State
Accounts When States Meet or Fail to Meet Funding Goals
``(h)(1) If the average daily balance in a State account in the
Unemployment Trust Fund for any calendar quarter exceeds the funding
goal of such State, the amount otherwise creditable to such account
under subsection (e) for such quarter shall be increased by the
interest premium on such excess. If the average daily balance in such a
State account for any calendar quarter is less than the funding goal of
such State, the amount otherwise creditable to such account under
subsection (e) for such quarter shall be decreased by the interest
penalty.
``(2) Paragraph (1) shall not apply with respect to any interest
premium or interest penalty to the extent that such application would
result in an increase or decrease of more than $2,500,000 in the amount
creditable to any State account for any calendar quarter.
``(3) For purposes of this subsection, the term `interest premium'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the average daily balance in the State
account in the Unemployment Trust Fund over the funding goal of
such State, one-half of one percent of the amount of such
excess, and
``(B) with respect to each other State, the product of--
``(i) the amount of the excess of the average daily
balance in the State account in the Unemployment Trust
Fund over the funding goal of such State, and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of such excess,
bears to
``(II) the percentage value of the excess
of the State referred to in subparagraph (A).
The Secretary shall make appropriate adjustments in the interest
premium for any calendar quarter if the aggregate interest premiums
payable for such quarter exceed the aggregate interest penalties for
such quarter.
``(4) For purposes of this subsection, the term `interest penalty'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the funding goal of such State over the
average daily balance in the State account in the Unemployment
Trust Fund, one-half of one percent of the amount otherwise
creditable to such account under subsection (e), and
``(B) with respect to each other State, the product of--
``(i) the amount otherwise creditable to such
account under subsection (e), and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of the excess of
the funding goal of the State over such average
daily balance of such State, bears to; or
``(II) the percentage value of such excess
of the State referred to in subparagraph (A).
``(5) For purposes of this subsection, the term `funding goal'
means, for any State for any calendar quarter, the average of the
unemployment insurance benefits paid by such State during each of the 3
years, in the 20-year period ending with the calendar year containing
such calendar quarter, during which the State paid the greatest amount
of unemployment benefits.
``(6) For purposes of this subsection, the term `percentage value'
means--
``(A) with respect to any excess of the average daily
balance in a State account in the Unemployment Trust Fund over
the funding goal of such State, the percentage which such
excess bears to such funding goal, and
``(B) with respect to any excess of such funding goal over
such average daily balance, the percentage which such excess
bears to such funding goal.''.
(b) Conforming Amendments.--
(1) Amounts credited to state accounts.--Subsection (e) of
section 904 of the Social Security Act (42 U.S.C. 1104(e)) is
amended in the first sentence by inserting ``(as modified by
subsection (h))'' after ``a proportionate part''.
(2) Interest rate on repayment of advances determined
without regard to interest premiums or penalties on amounts
credited to state accounts.--Subparagraph (A) of section
1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by
inserting ``(determined without regard to section 904(h))''
after ``preceding calendar year''.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
Congress a report recommending sources of funding for the crediting of
interest premiums under subsection (h) of section 904 of the Social
Security Act (42 U.S.C. 1104), as added by this section, in the event
that the imposition of interest penalties under such subsection is
insufficient to fund such premiums.
(d) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 1999.
SEC. 3. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT TRUST
FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS.
(a) In General.--Paragraph (2) of section 1202(b) of the Social
Security Act (42 U.S.C. 1322(b)) is amended by striking ``and'' at the
end of subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, and'', and by adding at the end the
following new subparagraph:
``(C) the average daily balance in the account of
such State in the Unemployment Trust Fund for each of 4
of the 5 calendar quarters preceding the calendar
quarter in which such advances were made exceeds the
funding goal of such State (as defined in section
904(h)).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to calendar years beginning after the date of the enactment of
this Act.
SEC. 4. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX.
(a) In General.--Chapter 23 of the Internal Revenue Code of 1986
(relating to Federal Unemployment Tax Act) is amended by redesignating
section 3311 as section 3312 and by inserting after section 3310 the
following new section:
``SEC. 3311. STATE COLLECTION OF TAX.
``(a) In General.--At the election of any State which is certified
as provided in section 3304, each employer who pays contributions, with
respect to any wages, into an unemployment fund maintained under the
unemployment compensation law of such State shall submit the tax
imposed by this chapter with respect to such wages to such State rather
than to the Secretary.
``(b) Coordination With Depositary Requirements.--Payment under
subsection (a) of the tax imposed by this chapter with respect to any
wages shall be treated as timely paid for purposes of this title if
paid by the employer to the State at the same time as a timely paid
payment, with respect to such wages, of contributions into an
unemployment fund maintained under the unemployment compensation law of
such State.
``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall
not apply to any payment of the tax imposed by this chapter which is
not paid by an employer on or before the last date on which such
payment would be treated as timely paid under subsection (b).
``(d) Federal Tax Transferred to Secretary.--Each State making an
election under subsection (a) shall transmit to the Secretary, at the
time and in the manner prescribed by the Secretary, the amount of the
tax imposed by this chapter which is submitted to such State under
subsection (a) and a copy of the State tax return of each employer
making such a submission. The Secretary may, after consultation with
the Interstate Conference of Employment Security Administrators,
prescribe regulations requiring that additional information be
submitted by such State with respect to the amount of such tax payable
by such employer.''
(b) Clerical Amendment.--The table of sections for chapter 23 of
such Code is amended by striking the item relating to section 3311 and
inserting the following new items:
``Sec. 3311. State collection of tax.
``Sec. 3312. Short title.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 5. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS.
(a) In General.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State laws) is amended by
striking ``and'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(20) the State will distribute to unemployed individuals
State-specific information packets explaining unemployment
insurance eligibility conditions.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to certifications of States for 2000, except that section
3304(a)(20) of such Code, as added by subsection (a), shall not be a
requirement for the State law of any State prior to July 1, 2001, if
the legislature of such State does not meet in a regular session which
closes during the calendar year 2000. | Amends the Social Security Act (SSA) to require increases and decreases in the earnings allocated to State accounts when States meet or fail to meet funding goals.
Amends SSA to restrict interest-free advances to State accounts in the Unemployment Trust Fund to States which meet funding goals.
Amends the Internal Revenue Code with respect to the Federal Unemployment Tax Act to allow certified States to elect to collect Federal unemployment taxes. Requires States to distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions. | To reform the Federal unemployment benefits system. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neuromyelitis Optica Consortium
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Neuromyelitis optica (NMO) is a devastating neurologic
disease leading to blindness and paralysis.
(2) There are an estimated 11,000 patients with NMO in the
United States.
(3) Women are affected 7 to 9 times more than men, and a
large proportion of NMO patients are African-American.
(4) The average age at diagnosis is 41 years, but the range
is broad and includes children as young as 2 years of age and
adults as old as 89 years of age.
(5) NMO incurs substantial costs for affected patients and
their families.
(6) The cause of NMO is unknown, but it is hypothesized to
be autoimmune in nature.
(7) More than 90 percent of NMO patients will suffer
recurrent disease and accumulate neurologic disability.
(8) Because of their relatively low overall incidence,
orphan diseases like NMO frequently do not receive sufficient
attention and research funding.
(9) No single institution has a sufficient number of
patients to independently conduct research that will adequately
address the cause of NMO.
(10) There has been no comprehensive study analyzing all
relevant clinical, biological, and epidemiological aspects of
NMO to identify potential risk factors and biomarkers for NMO.
(11) We can apply our understanding of NMO to the study of
other autoimmune diseases, including multiple sclerosis and
systemic lupus erythematosus.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that there is a need--
(1) to establish and coordinate a multicenter research
effort based on collaboration between regional consortia and
governmental and nongovernmental entities in order to--
(A) comprehensively study the causes of NMO; and
(B) identify potential biomarkers of disease
activity; and
(2) to encourage a collaborative effort among academic
medical centers with epidemiological study groups to gather
comprehensive and detailed information for each patient
enrolled in those groups, in order to investigate
environmental, nutritional, and genetic factors with respect
to, and the pathological and epidemiological characteristics
of, NMO.
SEC. 4. ESTABLISHMENT OF THE NATIONAL NEUROMYELITIS OPTICA CONSORTIUM.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding after section 409J the following new
section:
``SEC. 409K. NATIONAL NEUROMYELITIS OPTICA CONSORTIUM.
``(a) Establishment of the National Neuromyelitis Optica
Consortium.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary, acting through
the Director of NIH, and in coordination with the Director of
the National Institute on Minority Health and Health
Disparities, shall establish, administer, and coordinate a
National Neuromyelitis Optica Consortium (in this section
referred to as the `NNO Consortium') for the purposes described
in paragraph (2).
``(2) Purposes.--The purposes of the NNO Consortium shall
be the following:
``(A) Providing grants of not fewer than 5 years
duration to eligible consortia for the purpose of
conducting research with respect to the causes of, and
the risk factors and biomarkers associated with, NMO.
``(B) Assembling a panel of experts to provide,
with respect to research funded by the NNO Consortium,
ongoing guidance and recommendations for the
development of the following:
``(i) A common study design.
``(ii) Standard protocols, methods,
procedures, and assays for collecting from
individuals enrolled as study participants a
minimum dataset that includes the following:
``(I) Complete medical history.
``(II) Neurologic examination.
``(III) Biospecimens, including
blood, spinal fluid, DNA, and RNA.
``(IV) Radiological data including
magnetic resonance imaging (MRI).
``(iii) Specific analytical methods for
examining data.
``(iv) Provisions for consensus review of
enrolled cases.
``(v) An integrated data collection
network.
``(C) Designating a central laboratory to collect,
analyze, and aggregate data with respect to research
funded by the NNO Consortium and to make such data and
analysis available to researchers.
``(3) Eligible consortia.--To be eligible for a grant under
this section, a consortium shall demonstrate the following:
``(A) The consortium has the capability to enroll
as research participants a minimum of 25 individuals
with a diagnosis of NMO from the consortium's
designated catchment area.
``(B) The designated catchment area of the
consortium does not overlap with the designated
catchment area of another consortium already receiving
a grant under this section.
``(4) Report.--Not later than 1 year after the date of the
enactment of this section and annually thereafter, the
Secretary, acting through the Director of NIH, shall submit to
Congress a report with respect to the NNO Consortium, to be
made publicly available, including a summary of research funded
by the NNO Consortium and a list of consortia receiving grants
through the NNO Consortium. At the discretion of the Secretary,
such report may be combined with other similar or existing
reports.
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated $25,000,000 for each of fiscal years 2014
through 2018, to remain available until expended, to
carry out this section.
``(B) Sense of congress.--It is the sense of
Congress that funds appropriated to carry out this
section should be in addition to funds otherwise
available or appropriated to carry out the activities
described in this section.
``(b) Definitions.--For purposes of this section:
``(1) Catchment area.--The term `catchment area' means a
defined area for which population data are available.
``(2) Consortium.--The term `consortium' means a
partnership of 2 or more universities, health care
organizations, or government agencies, or any combination of
such entities, serving a designated catchment area.''. | Neuromyelitis Optica Consortium Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to establish, administer, and coordinate a National Neuromyelitis Optica (NMO) Consortium to: (1) award grants of not fewer than five years duration to conduct research with respect to the causes of, and the risk factors and biomarkers associated with, NMO (a neurological disease leading to blindness and paralysis); (2) assemble a panel of experts to provide ongoing guidance and the recommendations on research design and protocols, and (3) designate a central laboratory to collect, analyze, and aggregate data with respect to such research and to make such data and analysis available to researchers. Establishes eligibility requirements for a consortium (a partnership of two or more universities, health care organizations, or government agencies, or any combination of such entities), including that: (1) it has the capability to enroll a minimum of 25 individuals with a diagnosis of NMO as research participants from the designated catchment area (geographical area), and (2) that the catchment area does not overlap with any other consortium receiving a grant under this Act. | Neuromyelitis Optica Consortium Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Christopher and Dana Reeve Paralysis
Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PARALYSIS RESEARCH
Sec. 101. Activities of the National Institutes of Health with respect
to research on paralysis.
TITLE II--PARALYSIS REHABILITATION RESEARCH AND CARE
Sec. 201. Activities of the National Institutes of Health with respect
to research with implications for enhancing
daily function for persons with paralysis.
TITLE III--IMPROVING QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND
OTHER PHYSICAL DISABILITIES
Sec. 301. Programs to improve quality of life for persons with
paralysis and other physical disabilities.
TITLE I--PARALYSIS RESEARCH
SEC. 101. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH WITH RESPECT
TO RESEARCH ON PARALYSIS.
(a) Coordination.--The Director of the National Institutes of
Health (referred to in this Act as the ``Director''), pursuant to the
general authority of the Director, may develop mechanisms to coordinate
the paralysis research and rehabilitation activities of the Institutes
and Centers of the National Institutes of Health in order to further
advance such activities and avoid duplication of activities.
(b) Christopher and Dana Reeve Paralysis Research Consortia.--
(1) In general.--The Director may make awards of grants to
public or private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for consortia in paralysis research. The
Director shall designate each consortium funded through such
grants as a Christopher and Dana Reeve Paralysis Research
Consortium.
(2) Research.--Each consortium under paragraph (1)--
(A) may conduct basic, translational, and clinical
paralysis research;
(B) may focus on advancing treatments and
developing therapies in paralysis research;
(C) may focus on one or more forms of paralysis
that result from central nervous system trauma or
stroke;
(D) may facilitate and enhance the dissemination of
clinical and scientific findings; and
(E) may replicate the findings of consortia members
or other researchers for scientific and translational
purposes.
(3) Coordination of consortia; reports.--The Director may,
as appropriate, provide for the coordination of information
among consortia under paragraph (1) and ensure regular
communication among members of the consortia, and may require
the periodic preparation of reports on the activities of the
consortia and the submission of the reports to the Director.
(4) Organization of consortia.--Each consortium under
paragraph (1) may use the facilities of a single lead
institution, or be formed from several cooperating
institutions, meeting such requirements as may be prescribed by
the Director.
(c) Public Input.--The Director may provide for a mechanism to
educate and disseminate information on the existing and planned
programs and research activities of the National Institutes of Health
with respect to paralysis and through which the Director can receive
comments from the public regarding such programs and activities.
TITLE II--PARALYSIS REHABILITATION RESEARCH AND CARE
SEC. 201. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH WITH RESPECT
TO RESEARCH WITH IMPLICATIONS FOR ENHANCING DAILY
FUNCTION FOR PERSONS WITH PARALYSIS.
(a) In General.--The Director, pursuant to the general authority of
the Director, may make awards of grants to public or private entities
to pay all or part of the costs of planning, establishing, improving,
and providing basic operating support to multicenter networks of
clinical sites that will collaborate to design clinical rehabilitation
intervention protocols and measures of outcomes on one or more forms of
paralysis that result from central nervous system trauma, disorders, or
stroke, or any combination of such conditions.
(b) Research.--A multicenter network of clinical sites funded
through this section may--
(1) focus on areas of key scientific concern, including--
(A) improving functional mobility;
(B) promoting behavioral adaptation to functional
losses, especially to prevent secondary complications;
(C) assessing the efficacy and outcomes of medical
rehabilitation therapies and practices and assisting
technologies;
(D) developing improved assistive technology to
improve function and independence; and
(E) understanding whole body system responses to
physical impairments, disabilities, and societal and
functional limitations; and
(2) replicate the findings of network members or other
researchers for scientific and translation purposes.
(c) Coordination of Clinical Trials Networks; Reports.--The
Director may, as appropriate, provide for the coordination of
information among networks funded through this section and ensure
regular communication among members of the networks, and may require
the periodic preparation of reports on the activities of the networks
and submission of reports to the Director.
TITLE III--IMPROVING QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND
OTHER PHYSICAL DISABILITIES
SEC. 301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS WITH
PARALYSIS AND OTHER PHYSICAL DISABILITIES.
(a) In General.--The Secretary of Health and Human Services (in
this title referred to as the ``Secretary'') may study the unique
health challenges associated with paralysis and other physical
disabilities and carry out projects and interventions to improve the
quality of life and long-term health status of persons with paralysis
and other physical disabilities. The Secretary may carry out such
projects directly and through awards of grants or contracts.
(b) Certain Activities.--Activities under subsection (a) may
include--
(1) the development of a national paralysis and physical
disability quality of life action plan, to promote health and
wellness in order to enhance full participation, independent
living, self-sufficiency, and equality of opportunity in
partnership with voluntary health agencies focused on paralysis
and other physical disabilities, to be carried out in
coordination with the State-based Disability and Health Program
of the Centers for Disease Control and Prevention;
(2) support for programs to disseminate information
involving care and rehabilitation options and quality of life
grant programs supportive of community-based programs and
support systems for persons with paralysis and other physical
disabilities;
(3) in collaboration with other centers and national
voluntary health agencies, the establishment of a population-
based database that may be used for longitudinal and other
research on paralysis and other disabling conditions; and
(4) the replication and translation of best practices and
the sharing of information across States, as well as the
development of comprehensive, unique, and innovative programs,
services, and demonstrations within existing State-based
disability and health programs of the Centers for Disease
Control and Prevention which are designed to support and
advance quality of life programs for persons living with
paralysis and other physical disabilities focusing on--
(A) caregiver education;
(B) promoting proper nutrition, increasing physical
activity, and reducing tobacco use;
(C) education and awareness programs for health
care providers;
(D) prevention of secondary complications;
(E) home- and community-based interventions;
(F) coordinating services and removing barriers
that prevent full participation and integration into
the community; and
(G) recognizing the unique needs of underserved
populations.
(c) Grants.--The Secretary may award grants in accordance with the
following:
(1) To State and local health and disability agencies for
the purpose of--
(A) establishing a population-based database that
may be used for longitudinal and other research on
paralysis and other disabling conditions;
(B) developing comprehensive paralysis and other
physical disability action plans and activities focused
on the items listed in subsection (b)(4);
(C) assisting State-based programs in establishing
and implementing partnerships and collaborations that
maximize the input and support of people with paralysis
and other physical disabilities and their constituent
organizations;
(D) coordinating paralysis and physical disability
activities with existing State-based disability and
health programs;
(E) providing education and training opportunities
and programs for health professionals and allied
caregivers; and
(F) developing, testing, evaluating, and
replicating effective intervention programs to maintain
or improve health and quality of life.
(2) To private health and disability organizations for the
purpose of--
(A) disseminating information to the public;
(B) improving access to services for persons living
with paralysis and other physical disabilities and
their caregivers;
(C) testing model intervention programs to improve
health and quality of life; and
(D) coordinating existing services with State-based
disability and health programs.
(d) Coordination of Activities.--The Secretary shall ensure that
activities under this section are coordinated as appropriate by the
agencies of the Department of Health and Human Services.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $25,000,000
for each of fiscal years 2008 through 2011.
Passed the House of Representatives October 15, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Christopher and Dana Reeve Paralysis Act Title I: Paralysis Research - (Sec. 101) Requires the Director of the National Institutes of Health (NIH) to develop mechanisms to coordinate NIH paralysis research and rehabilitation activities in order to further advance and avoid duplication of such activities.
Authorizes the Director to make grants for the cost of planning, establishing, improving, and providing basic operating support for consortia in paralysis research. Requires the Director to designate each consortium funded as a Christopher and Dana Reeve Paralysis Research Consortium. Authorizes such consortia to: (1) conduct basic, translational, and clinical paralysis research; (2) facilitate and enhance the dissemination of clinical and scientific findings; and (3) replicate the findings of consortia members or other researchers for scientific and translational purposes. Authorizes the Director to provide for a mechanism to educate and disseminate information on NIH paralysis programs and research activities, through which the Director can receive comments from the public.
Title II: Paralysis Rehabilitation Research and Care - (Sec. 201) Requires the Director to award grants for multicenter networks of clinical sites that will collaborate to design clinical rehabilitation intervention protocols and measures of outcomes on forms of paralysis that result from central nervous system trauma, disorders, and/or stroke. Authorizes a multicenter network of clinical sites to: (1) focus on areas of key scientific concern, including improving functional mobility; and (2) replicate the findings of network members or other researchers for scientific and translation purposes.
Title III: Improving Quality of Life for Persons with Paralysis and Other Physical Disabilities - (Sec. 301) Authorizes the Secretary of Health and Human Services to: (1) study the unique health challenges associated with paralysis and other physical disabilities; and (2) carry out projects and interventions to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities, including developing a national paralysis and physical disability quality of life action plan and establishing a population-based database that may be used for longitudinal and other research on paralysis and other disabling conditions.
Authorizes the Secretary to award grants to state and local health disability agencies to: (1) establish a population-based database that may be used for longitudinal and other research on paralysis and other disabling conditions; (2) develop comprehensive paralysis and other physical action plans and activities; (3) assist state-based programs in collaborating with people with paralysis and other physical disabilities and their constituent organization; (4) coordinate paralysis and physical disability activities with existing state-based disability and health programs; (5) provide education and training opportunities and programs for health professionals and allied caregivers; and (6) develop, test, evaluate, and replicate effective intervention programs to maintain or improve health and quality of life. Allows the Secretary to award grants to private health and disability organizations to: (1) disseminate information to the public; (2) improve access to services for persons living with paralysis and other physical disabilities and their caregivers; (3) test model intervention programs to improve health and quality of life; and (4) coordinate existing services with state-based disability and health programs.
Authorizes appropriations for FY2008-FY2011. | To enhance and further research into paralysis and to improve rehabilitation and the quality of life for persons living with paralysis and other physical disabilities, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Targeting Child Predators Act of
2017''.
SEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS.
Section 3486(a) of title 18, United States Code, is amended--
(1) by striking ``the Secretary of the Treasury'' each
place it appears and inserting ``the Secretary of Homeland
Security'';
(2) in paragraph (5), by striking ``ordered by a court'';
and
(3) by striking paragraph (6) and inserting the following:
``(6)(A)(i) If a subpoena issued under this section is
accompanied by a certification under clause (ii) and notice of
the right to judicial review under subparagraph (C), no
recipient of a subpoena under this section shall disclose to
any person that the Federal official who issued the subpoena
has sought or obtained access to information or records under
this section, for a period of 180 days.
``(ii) The requirements of clause (i) shall apply if the
Federal official who issued the subpoena certifies that the
absence of a prohibition of disclosure under this subsection
may result in--
``(I) endangering the life or physical safety of an
individual;
``(II) flight from prosecution;
``(III) destruction of or tampering with evidence;
``(IV) intimidation of potential witnesses; or
``(V) otherwise seriously jeopardizing an
investigation or unduly delaying a trial.
``(B)(i) A recipient of a subpoena under this section may
disclose information otherwise subject to any applicable
nondisclosure requirement to--
``(I) those persons to whom disclosure is necessary
in order to comply with the request;
``(II) an attorney in order to obtain legal advice
or assistance regarding the request; or
``(III) other persons as permitted by the Federal
official who issued the subpoena.
``(ii) A person to whom disclosure is made under clause (i)
shall be subject to the nondisclosure requirements applicable
to a person to whom a subpoena is issued under this section in
the same manner as the person to whom the subpoena was issued.
``(iii) Any recipient that discloses to a person described
in clause (i) information otherwise subject to a nondisclosure
requirement shall notify the person of the applicable
nondisclosure requirement.
``(iv) At the request of the Federal official who issued
the subpoena, any person making or intending to make a
disclosure under subclause (I) or (III) of clause (i) shall
identify to the individual making the request under this clause
the person to whom such disclosure will be made or to whom such
disclosure was made prior to the request.
``(C)(i) A nondisclosure requirement imposed under
subparagraph (A) shall be subject to judicial review under
section 3486A.
``(ii) A subpoena issued under this section, in connection
with which a nondisclosure requirement under subparagraph (A)
is imposed, shall include notice of the availability of
judicial review described in clause (i).
``(D) A nondisclosure requirement imposed under
subparagraph (A) may be extended in accordance with section
3486A(a)(4).''.
SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENTS.
(a) In General.--Chapter 223 of title 18, United States Code, is
amended by inserting after section 3486 the following:
``Sec. 3486A. Judicial review of nondisclosure requirements
``(a) Nondisclosure.--
``(1) In general.--
``(A) Notice.--If a recipient of a subpoena under
section 3486 wishes to have a court review a
nondisclosure requirement imposed in connection with
the subpoena, the recipient may notify the Government
or file a petition for judicial review in any court
described in subsection (a)(5) of section 3486.
``(B) Application.--Not later than 30 days after
the date of receipt of a notification under
subparagraph (A), the Government shall apply for an
order prohibiting the disclosure of the existence or
contents of the relevant subpoena. An application under
this subparagraph may be filed in the district court of
the United States for the judicial district in which
the recipient of the subpoena is doing business or in
the district court of the United States for any
judicial district within which the authorized
investigation that is the basis for the subpoena is
being conducted. The applicable nondisclosure
requirement shall remain in effect during the pendency
of proceedings relating to the requirement.
``(C) Consideration.--A district court of the
United States that receives a petition under
subparagraph (A) or an application under subparagraph
(B) should rule expeditiously, and shall, subject to
paragraph (3), issue a nondisclosure order that
includes conditions appropriate to the circumstances.
``(2) Application contents.--An application for a
nondisclosure order or extension thereof or a response to a
petition filed under paragraph (1) shall include a
certification from the Federal official who issued the subpoena
indicating that the absence of a prohibition of disclosure
under this subsection may result in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an
investigation or unduly delaying a trial.
``(3) Standard.--A district court of the United States
shall issue a nondisclosure order or extension thereof under
this subsection if the court determines that there is reason to
believe that disclosure of the information subject to the
nondisclosure requirement during the applicable time period may
result in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an
investigation or unduly delaying a trial.
``(4) Extension.--Upon a showing that the circumstances
described in subparagraphs (A) through (E) of paragraph (3)
continue to exist, a district court of the United States may
issue an ex parte order extending a nondisclosure order imposed
under this subsection or under section 3486(a)(6)(A) for
additional periods of 180 days, or, if the court determines
that the circumstances necessitate a longer period of
nondisclosure, for additional periods which are longer than 180
days.
``(b) Closed Hearings.--In all proceedings under this section,
subject to any right to an open hearing in a contempt proceeding, the
court must close any hearing to the extent necessary to prevent an
unauthorized disclosure of a request for records, a report, or other
information made to any person or entity under section 3486. Petitions,
filings, records, orders, certifications, and subpoenas must also be
kept under seal to the extent and as long as necessary to prevent the
unauthorized disclosure of a subpoena under section 3486.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 223 of title 18, United States Code, is amended by inserting
after the item relating to section 3486 the following:
``3486A. Judicial review of nondisclosure requirements.''.
Passed the House of Representatives May 22, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Targeting Child Predators Act of 2017 (Sec. 2) This bill amends the federal criminal code to modify the process for issuing a nondisclosure requirement in connection with administrative subpoenas in four categories of investigations: health care offenses, child sexual exploitation or abuse, unregistered sex offenders, and imminent threats to an individual protected by the U.S. Secret Service. It lengthens the period of time during which a recipient of an administrative subpoena is prohibited from disclosure. (Sec. 3) The bill subjects a nondisclosure requirement to judicial review, requires the administrative subpoena to include notice of the availability of judicial review, and establishes a process for judicial review. | Targeting Child Predators Act of 2017 |
SECTION 1. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS
WITH CUBA.
(a) Authority for Embargo and Sugar Quota.--Section 620(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.
(b) Trading With the Enemy Act.--The authorities conferred upon the
President by section 5(b) of the Trading With the Enemy Act (50 U.S.C.
App. 5(b)), which were being exercised with respect to Cuba on July 1,
1977, as a result of a national emergency declared by the President
before that date, and are being exercised on the day before the
effective date of this Act, may not be exercised on or after such
effective date with respect to Cuba. Any regulations in effect on the
day before such effective date pursuant to the exercise of such
authorities, shall cease to be effective on such date.
(c) Exercise of Authorities Under Other Provisions of Law.--
(1) Removal of prohibitions.--Any prohibition on exports to
Cuba that is in effect on the day before the effective date of
this Act under the Export Administration Act of 1979 shall
cease to be effective on such effective date.
(2) Authority for new restrictions.--The President may, on
and after the effective date of this Act--
(A) impose export controls with respect to Cuba
under section 5, 6(j), 6(l), or 6(m) of the Export
Administration Act of 1979, and
(B) exercise the authorities he has under the
International Emergency Economic Powers Act with
respect to Cuba pursuant to a declaration of national
emergency required by that Act that is made on account
of an unusual and extraordinary threat, that did not
exist before the enactment of this Act, to the national
security, foreign policy, or economy of the United
States.
(d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22
U.S.C. 6001 and following) is repealed.
(e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996.--
(1) Repeal.--The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 is repealed.
(2) Conforming amendments.--(A) Section 498A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295a) is amended--
(i) in subsection (a)(11) by striking ``and
intelligence facilities, including the military and
intelligence facilities at Lourdes and Cienfuegos,''
and inserting ``facilities,'';
(ii) in subsection (b)--
(I) in paragraph (4) by adding ``and''
after the semicolon;
(II) by striking paragraph (5); and
(III) by redesignating paragraph (6) as
paragraph (5); and
(iii) by striking subsection (d).
(B) Section 498B(k) of the Foreign Assistance Act of 1961
(22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and
(4).
(C) Section 1611 of title 28, United States Code, is
amended by striking subsection (c).
(D) Sections 514 and 515 of the International Claims
Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are
repealed.
(f) Termination of Denial of Foreign Tax Credit With Respect to
Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue
Code of 1986 (relating to denial of foreign tax credit, etc., with
respect to certain foreign countries) is amended by adding at the end
thereof the following new flush sentence: ``Notwithstanding the
preceding sentence, this subsection shall not apply to Cuba after the
date which is 60 days after the date of the enactment of this
sentence.''.
(g) Sugar Quota Prohibition Under Food Security Act of 1985.--
Section 902(c) of the Food Security Act of 1985 is repealed.
SEC. 2. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.
Any common carrier within the meaning of section 3 of the
Communications Act of 1934 (47 U.S.C. 153) is authorized to install,
maintain, and repair telecommunications equipment and facilities in
Cuba, and otherwise provide telecommunications services between the
United States and Cuba. The authority of this section includes the
authority to upgrade facilities and equipment.
SEC. 3. TRAVEL.
(a) In General.--Travel to and from Cuba by individuals who are
citizens or residents of the United States, and any transactions
ordinarily incident to such travel, may not be regulated or prohibited
if such travel would be lawful in the United States.
(b) Transactions Incident to Travel.--Any transactions ordinarily
incident to travel which may not be regulated or prohibited under
subsection (a) include, but are not limited to--
(1) transactions ordinarily incident to travel or
maintenance in Cuba; and
(2) normal banking transactions involving foreign currency
drafts, traveler's checks, or other negotiable instruments
incident to such travel.
SEC. 4. DIRECT MAIL DELIVERY TO CUBA.
The United States Postal Service shall take such actions as are
necessary to provide direct mail service to and from Cuba, including,
in the absence of common carrier service between the 2 countries, the
use of charter providers.
SEC. 5. PROHIBITION ON FEDERAL ASSISTANCE.
(a) Prohibition.--No Federal funds may be used to provide any
assistance to Cuba.
(b) Definitions.--For purposes of subsection (a)--
(1) the term ``assistance to Cuba'' includes, but is not
limited to--
(A) assistance to or for the benefit of Cuba that
is provided by grant, commercial sale, guaranty, or
insurance, or by any other means on terms more
favorable than that generally available in the
applicable market, whether in the form of a loan,
lease, credit, or a reserve, including, but not limited
to--
(i) insurance, financing, extensions of
credit, or participation in extensions of
credit provided by the Export-Import Bank of
the United States for exports to or imports
from Cuba;
(ii) insurance, reinsurance, financing, or
equity investment provided by the Overseas
Private Investment Corporation for projects in
Cuba;
(iii) any export credit, credit guaranty,
bonus, or other payment carried out through the
Commodity Credit Corporation in support of
export sales of agricultural commodities to
Cuba;
(iv) assistance under any provision of the
Agricultural Trade and Development Assistance
Act of 1954 to, or in support of export sales
of agricultural commodities to, Cuba;
(v) financing or other assistance under the
Agricultural Trade Act of 1978 in support of
export sales of agricultural commodities to
Cuba; and
(vi) any loan, credit, or other financing
by any United States agency to any person for
the purpose of financing transactions involving
confiscated property (within the meaning of
section 4 of the Cuba Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996, as in effect
on the day before the date of the enactment of
this Act);
and
(B) an exchange, reduction, or forgiveness of Cuban
debt owed in return for a grant of an equity interest
in a property, investment, or operation of the
Government of Cuba (including the government of any
political subdivision of Cuba, and any agency or
instrumentality of the Government of Cuba) or of a
Cuban national;
and
(2) the term ``agency or instrumentality of the Government
of Cuba'' 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 Cuba.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act. | Amends the Foreign Assistance Act of 1961 to repeal the embargo on trade with Cuba.
Prohibits the exercise by the President with respect to Cuba of certain authorities conferred by the Trading With the Enemy Act and exercised on July 1, 1977, as a result of a specified national emergency. Declares that any prohibition on exports to Cuba under the Export Administration Act of 1979 shall cease to be effective. Authorizes the President to impose export controls with respect to Cuba and exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security that did not exist before enactment of this Act.
Repeals: (1) the Cuban Democracy Act of 1992; (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996; and (3) the prohibition under the Food Security Act of 1985 against allocation of the annual sugar quota to any country unless its officials verify that it does not import for reexport to the United States any sugar produced in Cuba.
Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to Cuba.
Authorizes common carriers to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba.
Prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents, or of any transactions incident to travel.
Directs the U.S. Postal Service to provide direct mail service to and from Cuba.
Prohibits certain U.S. assistance to Cuba. | To lift the trade embargo on Cuba, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flexibility to Innovate for College
Affordability Act''.
SEC. 2. HIGHER EDUCATION REGULATORY REFORM TASK FORCE.
(a) Task Force Established.--Not later than 2 months after the date
of enactment of this Act, the Secretary of Education shall establish
the Higher Education Regulatory Reform Task Force.
(b) Membership.--The Higher Education Regulatory Reform Task Force
shall include--
(1) the Secretary of Education or the Secretary's designee;
(2) the head of each other Federal agency (or such head's
designee) that the Secretary of Education determines to be
relevant to the activities of the Higher Education Regulatory
Reform Task Force;
(3) a representative of the Advisory Committee on Student
Financial Assistance established under section 491 of the
Higher Education Act of 1965 (20 U.S.C. 1098);
(4) representatives from the higher education community,
including--
(A) institutions of higher education, with equal
representation of public and private nonprofit
institutions, and two-year and four-year institutions,
and with not less than 25 percent of such
representative institutions carrying out distance
education programs; and
(B) nonprofit organizations representing
institutions of higher education; and
(5) any other entity or individual the Secretary of
Education determines appropriate.
(c) Activities.--
(1) Report required.--Not later than 6 months after the
date of enactment of this Act, the Secretary of Education shall
submit to Congress and make available on a publicly available
website a report (in this Act referred to as the ``Higher
Education Regulatory Reform Report'') prepared by the Higher
Education Regulatory Reform Task Force on Federal regulatory
requirements for institutions of higher education. In
prioritizing the review and consideration of such regulatory
requirements for the purposes of the Higher Education
Regulatory Reform Report, the Higher Education Regulatory
Reform Task Force shall give highest priority to regulations
that are in effect at the time of such review and consideration
and related to--
(A) State authorization of distance education;
(B) the Integrated Postsecondary Education Data
System (IPEDS);
(C) the Office of Management and Budget's A-21
Circular;
(D) reporting under the Jeanne Clery Disclosure of
Campus Security Policy and Campus Crime Statistics Act;
(E) calculation of default rates under section
435(a) of the Higher Education Act of 1965;
(F) gainful employment;
(G) revenue requirements for institutions of higher
education under section 487(a)(24) and (d) of the
Higher Education Act of 1965; and
(H) the Single Audit Act of 1984 and the Office of
Management and Budget's A-133 Circular.
(2) Contents of report.--The Higher Education Regulatory
Reform Report shall contain the following with respect to
regulatory requirements for institutions of higher education:
(A) A list of rules that are determined to be
outmoded, duplicative, ineffective, or excessively
burdensome.
(B) For each rule listed in accordance with
subparagraph (A) and that is in effect at the time of
the review under subparagraph (A), an analysis of
whether the costs outweigh the benefits for such rule.
(C) Recommendations to consolidate, modify,
simplify, or repeal such rules to make such rules more
effective or less burdensome.
(D) A description of the justification for and
impact of the recommendations described in subparagraph
(C), as appropriate and available, including supporting
data for such justifications and the financial impact
of such recommendations on institutions of higher
education of varying sizes and types.
(E) Recommendations on the establishment of a
permanent entity to review new regulatory requirements
affecting institutions of higher education.
(3) Notice and comment.--At least 30 days before submission
of the Higher Education Regulatory Reform Report required under
paragraph (1), the Secretary of Education shall publish the
report in the Federal Register for public notice and comment.
The Higher Education Regulatory Reform Task Force may modify
the report in response to any comments received before
submission of the report to Congress.
(d) Definition of Institution of Higher Education.--For the
purposes of this section, the term ``institution of higher education''
has the meaning given such term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002), except that such term does not include
institutions described in subsection (a)(1)(C) of such section 102.
SEC. 3. EXPEDITED CONSIDERATION BY CONGRESS.
(a) Presentation of Higher Education Regulatory Reform Report to
Congress and Expedited Consideration.--
(1) In general.--The President shall propose, at the time
and in the manner provided in paragraph (2), the carrying out
of all or part of the recommendations contained in the Higher
Education Regulatory Reform Report prepared by the Higher
Education Regulatory Reform Task Force in accordance with
section 2.
(2) Transmittal of special message.--Not later than 120
days after the submission of the Higher Education Regulatory
Reform Report to Congress under section 2(c), the President
shall transmit to Congress a special message to carry out all
or part of the recommendations contained in such Report. The
President shall include with that special message a bill that
would carry out the recommendations. The President may not
transmit more than one such special message each year.
(3) Expedited consideration of president's higher education
regulatory reform bill.--
(A) Higher education regulatory reform bill.--
Within 14 days after the President submits to Congress
a bill under paragraph (2), the majority leader of the
House of Representatives and the majority leader of the
Senate shall each introduce such bill, by request.
(B) Consideration in the house of
representatives.--
(i) Referral and reporting.--Any committee
of the House of Representatives to which such
bill is referred shall report it to the House
without amendment not later than the 14th
legislative day after the date of its
introduction. If a committee fails to report
the bill within that period or the House has
adopted a concurrent resolution providing for
adjournment sine die at the end of a Congress,
such committee shall be automatically
discharged from further consideration of the
bill and it shall be placed on the appropriate
calendar.
(ii) Proceeding to consideration.--Not
later than 21 legislative days after such bill
is reported or a committee has been discharged
from further consideration thereof, it shall be
in order to move to proceed to consider such
bill in the House. Such a motion shall be
highly privileged and not debatable, and shall
be in order only at a time designated by the
Speaker in the legislative schedule within two
legislative days after the day on which the
proponent announces an intention to the House
to offer the motion provided that such notice
may not be given until such bill is reported or
a committee has been discharged from further
consideration thereof. Such a motion shall not
be in order after the House has disposed of a
motion to proceed with respect to that special
message. The previous question shall be
considered as ordered on the motion to its
adoption without intervening motion. A motion
to reconsider the vote by which the motion is
disposed of shall not be in order.
(iii) Consideration.--If the motion to
proceed is agreed to, the House shall
immediately proceed to consider such bill in
the House without intervening motion. Such bill
shall be considered as read. All points of
order against the bill and against its
consideration are waived. The previous question
shall be considered as ordered on the bill to
its passage without intervening motion except 4
hours of debate equally divided and controlled
by the proponent and an opponent and one motion
to limit debate on the bill. A motion to
reconsider the vote on passage of the bill
shall not be in order.
(C) Consideration in the senate.--
(i) Committee action.--The appropriate
committee of the Senate shall report without
amendment the bill referred to in subparagraph
(A) not later than the seventh session day
after introduction. If a committee fails to
report the bill within that period or the
Senate has adopted a concurrent resolution
providing for adjournment sine die at the end
of a Congress, the Committee shall be
automatically discharged from further
consideration of the bill and it shall be
placed on the appropriate calendar.
(ii) Motion to proceed.--Not later than 3
session days after the bill is reported in the
Senate or the committee has been discharged
thereof, it shall be in order for any Senator
to move to proceed to consider the bill in the
Senate. The motion shall be decided without
debate and the motion to reconsider shall be
deemed to have been laid on the table. Such a
motion shall not be in order after the Senate
has disposed of a prior motion to proceed with
respect to the draft bill.
(iii) Consideration.--If a motion to
proceed to the consideration of the draft bill
is agreed to, the Senate shall immediately
proceed to consideration of the draft bill
without intervening motion, order, or other
business, and the draft bill shall remain the
unfinished business of the Senate until
disposed of. Consideration on the bill in the
Senate under this subsection, and all debatable
motions and appeals in connection therewith,
shall not exceed 10 hours equally divided in
the usual form. All points of order against the
draft bill or its consideration are waived.
Consideration in the Senate on any debatable
motion or appeal in connection with the draft
bill shall be limited to not more than 10
hours. A motion to postpone, or a motion to
proceed to the consideration of other business,
or a motion to recommit the draft bill is not
in order. A motion to reconsider the vote by
which the draft bill is agreed to or disagreed
to is not in order.
(D) Amendments prohibited.--No amendment to, or
motion to strike a provision from, the draft bill
considered under this section shall be in order in
either the House of Representatives or the Senate.
(E) Coordination with action by other house.--If,
before passing the bill, one House receives from the
other a bill--
(i) the bill of the other House shall not
be referred to a committee; and
(ii) the procedure in the receiving House
shall be the same as if no bill had been
received from the other House until the vote on
passage, when the bill received from the other
House shall supplant the bill of the receiving
House.
(F) Limitation.--This paragraph shall apply only to
the bill referred to in subparagraph (A), introduced
pursuant to such subparagraph.
(b) Definition.--For purposes of this section, continuity of a
session of either House of Congress shall be considered as broken only
by an adjournment of that House sine die, and the days on which that
House is not in session because of an adjournment of more than 3 days
to a date certain shall be excluded in the computation of any period.
SEC. 4. EXPANDING THE EXPERIMENTAL SITES INITIATIVE.
Section 487A(b)(3) of the Higher Education Act of 1965 (20 U.S.C.
1094a(b)(3)) is amended--
(1) in subparagraph (B)--
(A) by inserting ``(other than for purposes of an
experiment described in subparagraph (C))'' after
``award amounts''; and
(B) by inserting ``, such as an experiment
described in subparagraph (D)'' after ``results of the
experiment''; and
(2) by adding at the end the following new subparagraphs:
``(C) Waivers of grant and loan maximum award
amounts.--The Secretary is authorized to waive any
requirements in this title or regulations prescribed
under this title relating to grant and loan maximum
award amounts (or any other requirements or regulations
that may bias the results of the experiment described
in this subparagraph) for any institution participating
as an experimental site under subparagraph (A) to carry
out an experiment to, with respect to each student
whose workload exceeds the minimum workload that the
institution considers a full-time academic workload for
the program of study that the student is pursuing,
increase the maximum Federal Pell Grant and loan award
amounts for the student in proportion to the amount
that the student's workload exceeds such minimum full-
time academic workload, so long as the institution
demonstrates to the Secretary that the experiment
described in this subparagraph will assist in
decreasing the total the cost of attendance (defined in
section 472) for the student.
``(D) Waivers for competency-based learning.--The
Secretary is authorized to waive any requirements in
this title or any regulations prescribed under this
title (including any accreditation requirements or any
other requirements or regulations that may bias the
results of the experiment described in this
subparagraph) for any institution participating as an
experimental site under subparagraph (A) to carry out
an experiment to provide Federal grant and loan awards
to--
``(i) students enrolled in remedial courses
or competency-based learning programs, which
are not accredited, but are approved by the
institution and provide competencies for
success in certain programs of study at the
institution;
``(ii) students (or potential students) to
pay for the test fees of tests, based on the
results of which the institution may award the
students academic credit for prior learning; or
``(iii) secondary school students enrolled
in courses at the institution,
so long as the institution demonstrates to the
Secretary that the experiment described in this
subparagraph will assist in decreasing the total the
cost of attendance (defined in section 472) for such
students.''. | Flexibility to Innovate for College Affordability Act - Directs the Secretary of Education to establish the Higher Education Regulatory Reform Task Force to prepare a report, that is to be submitted to Congress and made available on a publicly accessible website, on federal regulatory requirements for institutions of higher education (IHEs). Requires the report to contain: (1) a list of rules that are determined to be outmoded, duplicative, ineffective, or excessively burdensome; (2) an analysis of how the costs of such rules outweigh their benefits; (3) recommendations to consolidate, modify, simplify, or repeal such rules and a description of the justification for and impact of such recommendations; and (4) recommendations on establishing a permanent entity to review new regulatory requirements affecting IHEs. Requires the President to submit to Congress a legislative proposal for carrying out some or all of the recommendations contained in the report. Establishes congressional procedures to expedite consideration of the President's proposal. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to authorize the Secretary to waive certain statutory or regulatory requirements under title IV to allow IHEs participating in the experimental sites initiative to increase the maximum federal Pell Grant and loan award amounts for students in proportion to the amount that their workload exceeds the minimum full-time academic workload. (The experimental sites initiative was established to test the effectiveness of providing participating IHEs with statutory and regulatory flexibility in awarding and disbursing student aid under title IV.) Authorizes the waiver of statutory and regulatory requirements under title IV that might bias the results of experiments carried out by IHEs under the initiative to provide title IV assistance to: (1) students enrolled in remedial courses or competency-based learning programs, which are not accredited but are approved by the IHE and provide competencies for success in certain programs of study at the IHE; (2) students to pay test fees if the students could be awarded academic credit for prior learning based on the test results; and (3) secondary school students enrolled in courses at the IHE. Requires the IHEs to demonstrate to the Secretary that these waivers would reduce the total cost of attendance for participating students. | Flexibility to Innovate for College Affordability Act |
SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Rural
Health Care Preservation Act of 2003''.
(b) Amendments to Social Security Act.--Except as otherwise
specifically provided, whenever in this Act an amendment is expressed
in terms of an amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Social Security Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; amendments to Social Security Act; table of
contents.
Sec. 2. Five-year continuation of medicare managed care cost contracts.
Sec. 3. Temporary protection for sole community hospitals under
outpatient prospective payment schedule.
Sec. 4. Improvements to the critical access hospital program.
Sec. 5. Extension of temporary increase for home health services
furnished in a rural area.
Sec. 6. Increase in payments for hospice care furnished in frontier
areas.
Sec. 7. Treatment of eligibility for hospice care.
SEC. 2. FIVE-YEAR CONTINUATION OF MEDICARE MANAGED CARE COST CONTRACTS.
Section 1876(h)(5)(C) (42 U.S.C. 1395mm(h)(5)(C)) is amended by
striking ``2004'' and inserting ``2009''.
SEC. 3. TEMPORARY PROTECTION FOR SOLE COMMUNITY HOSPITALS UNDER
OUTPATIENT PROSPECTIVE PAYMENT SCHEDULE.
Section 1833(t)(7)(D) (42 U.S.C. 1395l(t)(7)(D)) is amended by
adding at the end the following new clause:
``(iii) Temporary treatment for sole
community hospitals.--In the case of a hospital
described in section 1886(d)(5)(C)(iii) that
furnishes covered OPD services for which the
PPS amount is less than the pre-BBA amount--
``(I) in the case of such services
furnished during 2004 or 2005, the
amount of payment under this subsection
shall be increased by the amount of
such difference;
``(II) in the case of such services
furnished during 2006 or 2007, the
amount of payment under this subsection
shall be increased by 95 percent of the
amount of such difference; and
``(III) in the case of such
services furnished during 2008 or 2009,
the amount of payment under this
subsection shall be increased by 90
percent of the amount of such
difference.''.
SEC. 4. IMPROVEMENTS TO CRITICAL ACCESS HOSPITAL PROGRAM.
(a) Reinstatement of Periodic Interim Payment (PIP).--Section
1815(e)(2) (42 U.S.C. 1395g(e)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by adding ``and'' at the end of subparagraph (D); and
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) inpatient critical access hospital services;''.
(b) Condition for Application of Special Physician Payment
Adjustment.--Section 1834(g)(2) (42 U.S.C. 1395m(g)(2)) is amended by
adding after and below subparagraph (B) the following:
``The Secretary may not require, as a condition for applying
subparagraph (B) with respect to a critical access hospital,
that each physician providing professional services in the
hospital must assign billing rights with respect to such
services, except that such subparagraph shall not apply to
those physicians who have not assigned such billing rights.''.
(c) Flexibility in Bed Limitation for Hospitals.--Section 1820 (42
U.S.C. 1395i-4) is amended--
(1) in subsection (c)(2)(B)(iii), by inserting ``subject to
paragraph (3)'' after ``(iii) provides'';
(2) by adding at the end of subsection (c) the following
new paragraph:
``(3) Increase in maximum number of beds for hospitals with
strong seasonal census fluctuations.--
``(A) In general.--Subject to subparagraph (C), in
the case of a hospital that demonstrates that it meets
the standards established under subparagraph (B) and
has not made the election described in subsection
(f)(2)(A), the bed limitations otherwise applicable
under paragraph (2)(B)(iii) and subsection (f) shall be
increased by 5 beds.
``(B) Standards.--The Secretary shall specify
standards for determining whether a critical access
hospital has sufficiently strong seasonal variations in
patient admissions to justify the increase in bed
limitation provided under subparagraph (A).''; and
(3) in subsection (f)--
(A) by inserting ``(1)'' after ``(f)''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) A hospital may elect to treat the reference in paragraph
(1) to `15 beds' as a reference to `25 beds', but only if no more than
10 beds in the hospital are at any time used for non-acute care
services. A hospital that makes such an election is not eligible for
the increase provided under subsection (c)(3)(A).
``(B) The limitations in numbers of beds under the first sentence
of paragraph (1) are subject to adjustment under subsection (c)(3).''.
(d) 5-Year Extension of the Authorization for Appropriations for
Grant Program.--Section 1820(j) (42 U.S.C. 1395i-4(j)) is amended by
striking ``through 2002'' and inserting ``through 2007''.
(e) Prohibition of Retroactive Recoupment.--The Secretary shall not
recoup (or otherwise seek to recover) overpayments made for outpatient
critical access hospital services under part B of title XVIII of the
Social Security Act, for services furnished in cost reporting periods
that began before October 1, 2002, insofar as such overpayments are
attributable to payment being based on 80 percent of reasonable costs
(instead of 100 percent of reasonable costs minus 20 percent of
charges).
(f) Effective Dates.--
(1) Reinstatement of pip.--The amendments made by
subsection (a) shall apply to payments made on or after January
1, 2004.
(2) Physician payment adjustment condition.--The amendment
made by subsection (b) shall be effective as if included in the
enactment of section 403(d) of the Medicare, Medicaid, and
SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A-
371).
SEC. 5. EXTENSION OF TEMPORARY INCREASE FOR HOME HEALTH SERVICES
FURNISHED IN A RURAL AREA.
(a) In General.--Section 508(a) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-
533), as enacted into law by section 1(a)(6) of Public Law 106-554, is
amended--
(1) by striking ``24-Month Increase Beginning April 1,
2001'' and inserting ``In General''; and
(2) by striking ``April 1, 2003'' and inserting ``January
1, 2006''.
(b) Conforming Amendment.--Section 547(c)(2) of such Act (114 Stat.
2763A-553) is amended by striking ``the period beginning on April 1,
2001, and ending on September 30, 2002,'' and inserting ``a period
under such section''.
SEC. 6. INCREASE IN PAYMENTS FOR HOSPICE CARE FURNISHED IN FRONTIER
AREAS.
(a) 10 Percent Increase in Payment for Hospice Care Furnished in a
Frontier Area.--Section 1814(i)(1) (42 U.S.C. 1395f(i)(1)) is amended
by adding at the end the following new subparagraph:
``(D) With respect to hospice care furnished in a frontier area on
or after January 1, 2004, and before January 1, 2009, the payment rates
otherwise established for such care shall be increased by 10 percent.
For purposes of this subparagraph, the term `frontier area' means a
county in which the population density is less than 7 persons per
square mile.''.
(b) Report on Costs.--Not later than January 1, 2008, the
Comptroller General of the United States shall submit to Congress a
report on the costs of furnishing hospice care in frontier areas. Such
report shall include recommendations regarding the appropriateness of
extending, and modifying, the payment increase provided under the
amendment made by subsection (a).
SEC. 7. TREATMENT OF ELIGIBILITY FOR HOSPICE CARE.
(a) Deemed Eligibility Based on Death in Fact.--
(1) In general.--Section 1814(i) of the Social Security Act
is amended by adding at the end the following new paragraph:
``(4) For purposes of section 1814(a)(7)(A), the Secretary and a
fiscal intermediary shall not take any action to deny payment for
hospice care for an individual on the basis that the individual is not
terminally ill if the individual dies within 6 months of the date the
individual is initially admitted into the hospice program for the
receipt of hospice care.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on January 1, 2004.
(b) CMS Report.--
(1) In general.--The Administrator of the Centers for
Medicare & Medicaid Services shall evaluate the standards used
by fiscal intermediaries in denying physician certifications
under section 1814(a)(7) of the Social Security Act (42 U.S.C.
1395f(a)(7)) that an individual is terminally ill (and thereby
making such individuals ineligible to elect the hospice care
alternative) and the impact of such decisions on length of
stay. Such evaluation shall review the impact of the amendments
made by section 322(a) of the Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection Act of 2000 (114 Stat.
2763A-501), as enacted into law by section 1(a)(6) of Public
Law 106-554 and the results of the study conducted under
section 322(b) of such Act of 2000.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Administrator shall submit to
Congress a report on the evaluation under paragraph (1). | Medicare Rural Health Care Preservation Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) a five-year continuation of Medicare managed care cost contracts; (2) temporary payment increases for sole community hospitals under the prospective payment system for hospital outpatient department services; (3) the reinstatement of periodic interim payment (PIP) with respect to the critical access hospital program, among other changes with respect to such program; (4) an extension of the temporary increase for home health services furnished in a rural area; (5) an increase in payments for hospice care furnished in frontier areas; and (6) deemed eligibility based on death in fact with respect to treatment of eligibility for hospice care. | To amend title XVIII of the Social Security Act to protect and preserve access of Medicare beneficiaries to health care in rural areas. |
SECTION 1. ADDITIONAL LAND FOR GRAND RONDE RESERVATION.
Section 1 of Public Law 100-425 (commonly known as the ``Grand
Ronde Reservation Act'') (25 U.S.C. 713f note; 102 Stat. 1594; 104
Stat. 207; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``Subject to valid existing
rights, including (but not limited to) all''
and inserting the following:
``(1) In general.--Subject to valid existing rights,
including all''; and
(ii) by inserting ``(referred to in this
Act as the `Tribes')'' before the period at the
end;
(B) in the second sentence, by striking ``Such
land'' and inserting the following:
``(2) Treatment.--The land referred to in paragraph (1)'';
and
(C) by adding at the end the following:
``(3) Additional trust acquisitions.--
``(A) In general.--The Secretary may accept title
in and to any additional real property located within
the boundaries of the original 1857 reservation of the
Tribes (as established by the Executive order dated
June 30, 1857, and comprised of land within the
political boundaries of Polk and Yamhill Counties,
Oregon), if that real property is conveyed or otherwise
transferred to the United States by, or on behalf of,
the Tribes.
``(B) Treatment of trust land.--
``(i) In general.--An application to take
land into trust within the boundaries of the
original 1857 reservation of the Tribes shall
be treated by the Secretary as an on-
reservation trust acquisition.
``(ii) Gaming.--
``(I) In general.--Except as
provided in subclause (II), real
property taken into trust pursuant to
this paragraph shall not be eligible,
or used, for any class II gaming or
class III gaming (as those terms are
defined in section 4 of the Indian
Gaming Regulatory Act (25 U.S.C.
2703)).
``(II) Exception.--Subclause (I)
shall not apply to any real property
located within 2 miles of the gaming
facility in existence on the date of
enactment of this paragraph located on
State Highway 18 in the Grand Ronde
community, Oregon.
``(C) Reservation.--All real property taken into
trust within the boundaries described in subparagraph
(A) at any time after September 9, 1988, shall be
considered to be a part of the reservation of the
Tribes.''; and
(2) in subsection (c)--
(A) in the matter preceding the table, by striking
``in subsection (a) are approximately 10,311.60'' and
inserting ``in subsection (a)(1) are the approximately
11,349.92''; and
(B) by striking the table and inserting the
following:
``South West Section Subdivision Acres
4 8 36 SE\1/4\ SE\1/4\ 40
4 7 31 Lots 1,2, NE\1/4\, E\1/ 320.89
2\ NW\1/4\
5 7 6 All 634.02
5 7 7 All 638.99
5 7 18 Lots 1 & 2, NE\1/4\, 320.07
E\1/2\ NW\1/4\
5 8 1 SE\1/4\ 160
5 8 3 All 635.60
5 8 7 All 661.75
5 8 8 All 640
5 8 9 All 640
5 8 10 All 640
5 8 11 All 640
5 8 12 All 640
5 8 13 All 640
5 8 14 All 640
5 8 15 All 640
5 8 16 All 640
5 8 17 All 640
6 8 1 SW\1/4\ SW\1/4\, W\1/2\ 53.78
SE\1/4\ SW\1/4\
6 8 1 S\1/2\ E\1/2\ SE\1/4\ 10.03
SW\1/4\
6 7 7, 8, Former tax lot 800, 5.55
17, 18 located within the
SE\1/4\ SE\1/4\ of
sec. 7; SW\1/4\ SW\1/
4\ of sec. 8; NW\1/4\
NW\1/4\ of sec. 17;
and NE\1/4\ NE\1/4\ of
sec. 18
4 7 30 Lots 3,4, SW\1/4\ NE\1/ 241.06
4\, SE\1/4\ NW\1/4\,
E\1/2\ SW\1/4\
6 8 1 N\1/2\ SW\1/4\ 29.59
6 8 12 W\1/2\ SW\1/4\ NE\1/4\, 21.70
SE\1/4\ SW\1/4\ NE\1/
4\ NW\1/4\, N\1/2\
SE\1/4\ NW\1/4\, N\1/
2\ SW\1/4\ SW\1/4\
SE\1/4\
6 8 13 W\1/2\ E\1/2\ NW\1/4\ 5.31
NW\1/4\
6 7 7 E\1/2\ E\1/2\ 57.60
6 7 8 SW\1/4\ SW\1/4\ NW\1/ 22.46
4\, W\1/2\ SW\1/4\
6 7 17 NW\1/4\ NW\1/4\, N\1/2\ 10.84
SW\1/4\ NW\1/4\
6 7 18 E\1/2\ NE\1/4\ 43.42
6 8 1 W\1/2\ SE\1/4\ SE\1/4\ 20.6
6 8 1 N\1/2\ SW\1/4\ SE\1/4\ 19.99
6 8 1 SE\1/4\ NE\1/4\ 9.99
6 8 1 NE\1/4\ SW\1/4\ 10.46
6 8 1 NE\1/4\ SW\1/4\, NW\1/ 12.99
4\ SW\1/4\
6 7 6 SW\1/4\ NW\1/4\ 37.39
6 7 5 SE\1/4\ SW\1/4\ 24.87
6 7 5, 8 SW\1/4\ SE\1/4\ of sec. 109.9
5; and NE\1/4\ NE\1/
4\, NW\1/4\ NE\1/4\,
NE\1/4\ NW\1/4\ of
sec. 8
6 8 1 NW\1/4\ SE\1/4\ 31.32
6 8 1 NE\1/4\ SW\1/4\ 8.89
6 8 1 SW\1/4\ NE\1/4\, NW\1/ 78.4
4\ NE\1/4\
6 7 8, 17 SW\1/4\ SW\1/4\ of sec. 14.33
8; and NE\1/4\ NW\1/
4\, NW\1/4\ NW\1/4\ of
sec. 17
6 7 17 NW\1/4\ NW\1/4\ 6.68
6 8 12 SW\1/4\ NE\1/4\ 8.19
6 8 1 SE\1/4\ SW\1/4\ 2.0
6 8 1 SW\1/4\ SW\1/4\ 5.05
6 8 12 SE\1/4\, SW\1/4\ 54.64
6 7 17, 18 SW\1/4\, NW\1/4\ of 136.83
sec. 17; and SE\1/4\,
NE\1/4\ of sec. 18
6 8 1 SW\1/4\ SE\1/4\ 20.08
6 7 5 NE\1/4\ SE\1/4\, SE\1/ 97.38
4\ SE\1/4\, E\1/2\
SE\1/4\ SW\1/4\
4 7 31 SE\1/4\ 159.60
6 7 17 NW\1/4\ NW\1/4\ 3.14
6 8 12 NW\1/4\ SE\1/4\ 1.10
6 7 8 SW\1/4\ SW\1/4\ 0.92
6 8 12 NE\1/4\ NW\1/4\ 1.99
6 7, 8 7, 12 NW\1/4\ NW\1/4\ of sec. 86.48
7; and S\1/2\ NE\1/4\
E\1/2\ NE\1/4\ NE\1/4\
of sec. 12
6 8 12 NE\1/4\ NW\1/4\ 1.56
6 7,8 6,1 W\1/2\ SW\1/4\ SW\1/4\ 35.82
of sec. 6; and E\1/2\
SE\1/4\ SE\1/4\ of
sec. 1
6 7 5 E\1/2\ NW\1/4\ SE\1/4\ 19.88
6 8 12 NW\1/4\ NE\1/4\ 0.29
6 8 1 SE\1/4\ SW\1/4\ 2.5
6 7 8 NE\1/4\ NW\1/4\ 7.16
6 8 1 SE\1/4\ SW\1/4\ 5.5
6 8 1 SE\1/4\ NW\1/4\ 1.34
....... Total 11,349.92.''. | This bill amends the Grand Ronde Reservation Act to permit the Department of the Interior to accept real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon (comprising land within Polk and Yamhill Counties) that is transferred to the United States by or on behalf of the tribes. Interior must treat applications to take land into trust within the boundaries of the original 1857 reservation as on-reservation trust acquisitions. Gaming is prohibited on such real property taken into trust, except for real property within two miles of a specified gaming facility. All real property taken into trust within those boundaries after September 9, 1988, is part of the tribes' reservation. | To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Protection of Privacy
Act of 2004''.
SEC. 2. REQUIREMENT THAT AGENCY RULEMAKING TAKE INTO CONSIDERATION
IMPACTS ON INDIVIDUAL PRIVACY.
(a) In General.--Title 5, United States Code, is amended by adding
after section 553 the following new section:
``Sec. 553a. Privacy impact assessment in rulemaking
``(a) Initial Privacy Impact Assessment.--
``(1) In general.--Whenever an agency is required by
section 553 of this title, or any other law, to publish a
general notice of proposed rulemaking for a proposed rule, or
publishes a notice of proposed rulemaking for an interpretative
rule involving the internal revenue laws of the United States,
and such rule or proposed rulemaking pertains to the
collection, maintenance, use, or disclosure of personally
identifiable information from 10 or more individuals, other
than agencies, instrumentalities, or employees of the Federal
government, the agency shall prepare and make available for
public comment an initial privacy impact assessment that
describes the impact of the proposed rule on the privacy of
individuals. Such assessment or a summary thereof shall be
signed by the senior agency official with primary
responsibility for privacy policy and be published in the
Federal Register at the time of the publication of a general
notice of proposed rulemaking for the rule.
``(2) Contents.--Each initial privacy impact assessment
required under this subsection shall contain the following:
``(A) A description and analysis of the extent to
which the proposed rule will impact the privacy
interests of individuals, including the extent to which
the proposed rule--
``(i) provides notice of the collection of
personally identifiable information, and
specifies what personally identifiable
information is to be collected and how it is to
be collected, maintained, used, and disclosed;
``(ii) allows access to such information by
the person to whom the personally identifiable
information pertains and provides an
opportunity to correct inaccuracies;
``(iii) prevents such information, which is
collected for one purpose, from being used for
another purpose; and
``(iv) provides security for such
information.
``(B) A description of any significant alternatives
to the proposed rule which accomplish the stated
objectives of applicable statutes and which minimize
any significant privacy impact of the proposed rule on
individuals.
``(b) Final Privacy Impact Assessment.--
``(1) In general.--Whenever an agency promulgates a final
rule under section 553 of this title, after being required by
that section or any other law to publish a general notice of
proposed rulemaking, or promulgates a final interpretative rule
involving the internal revenue laws of the United States, and
such rule or proposed rulemaking pertains to the collection,
maintenance, use, or disclosure of personally identifiable
information from 10 or more individuals, other than agencies,
instrumentalities, or employees of the Federal government, the
agency shall prepare a final privacy impact assessment, signed
by the senior agency official with primary responsibility for
privacy policy.
``(2) Contents.--Each final privacy impact assessment
required under this subsection shall contain the following:
``(A) A description and analysis of the extent to
which the final rule will impact the privacy interests
of individuals, including the extent to which such
rule--
``(i) provides notice of the collection of
personally identifiable information, and
specifies what personally identifiable
information is to be collected and how it is to
be collected, maintained, used, and disclosed;
``(ii) allows access to such information by
the person to whom the personally identifiable
information pertains and provides an
opportunity to correct inaccuracies;
``(iii) prevents such information, which is
collected for one purpose, from being used for
another purpose; and
``(iv) provides security for such
information.
``(B) A summary of any significant issues raised by
the public comments in response to the initial privacy
impact assessment, a summary of the analysis of the
agency of such issues, and a statement of any changes
made in such rule as a result of such issues.
``(C) A description of the steps the agency has
taken to minimize the significant privacy impact on
individuals consistent with the stated objectives of
applicable statutes, including a statement of the factual, policy, and
legal reasons for selecting the alternative adopted in the final rule
and why each one of the other significant alternatives to the rule
considered by the agency which affect the privacy interests of
individuals was rejected.
``(3) Availability to public.--The agency shall make copies
of the final privacy impact assessment available to members of
the public and shall publish in the Federal Register such
assessment or a summary thereof.
``(c) Waivers.--
``(1) Emergencies.--An agency head may waive or delay the
completion of some or all of the requirements of subsections
(a) and (b) to the same extent as the agency head may, under
section 608, waive or delay the completion of some or all of
the requirements of sections 603 and 604, respectively.
``(2) National security.--An agency head may, for national
security reasons, or to protect from disclosure classified
information, confidential commercial information, or
information the disclosure of which may adversely affect a law
enforcement effort, waive or delay the completion of some or
all of the following requirements:
``(A) The requirement of subsection (a)(1) to make
an assessment available for public comment.
``(B) The requirement of subsection (a)(1) to have
an assessment or summary thereof published in the
Federal Register.
``(C) The requirements of subsection (b)(3).
``(d) Procedures for Gathering Comments.--When any rule is
promulgated which may have a significant privacy impact on individuals,
or a privacy impact on a substantial number of individuals, the head of
the agency promulgating the rule or the official of the agency with
statutory responsibility for the promulgation of the rule shall assure
that individuals have been given an opportunity to participate in the
rulemaking for the rule through techniques such as--
``(1) the inclusion in an advance notice of proposed
rulemaking, if issued, of a statement that the proposed rule
may have a significant privacy impact on individuals, or a
privacy impact on a substantial number of individuals;
``(2) the publication of a general notice of proposed
rulemaking in publications of national circulation likely to be
obtained by individuals;
``(3) the direct notification of interested individuals;
``(4) the conduct of open conferences or public hearings
concerning the rule for individuals, including soliciting and
receiving comments over computer networks; and
``(5) the adoption or modification of agency procedural
rules to reduce the cost or complexity of participation in the
rulemaking by individuals.
``(e) Periodic Review of Rules.--
``(1) In general.--Each agency shall carry out a periodic
review of the rules promulgated by the agency that have a
significant privacy impact on individuals, or a privacy impact
on a substantial number of individuals. Under such periodic
review, the agency shall determine, for each such rule, whether
the rule can be amended or rescinded in a manner that minimizes
any such impact while remaining in accordance with applicable
statutes. For each such determination, the agency shall
consider the following factors:
``(A) The continued need for the rule.
``(B) The nature of complaints or comments received
from the public concerning the rule.
``(C) The complexity of the rule.
``(D) The extent to which the rule overlaps,
duplicates, or conflicts with other Federal rules, and,
to the extent feasible, with State and local
governmental rules.
``(E) The length of time since the rule was last
reviewed under this subsection.
``(F) The degree to which technology, economic
conditions, or other factors have changed in the area
affected by the rule since the rule was last reviewed
under this subsection.
``(2) Plan required.--Each agency shall carry out the
periodic review required by paragraph (1) in accordance with a
plan published by such agency in the Federal Register. Each
such plan shall provide for the review under this subsection of
each rule promulgated by the agency not later than 10 years
after the date on which such rule was published as the final
rule and, thereafter, not later than 10 years after the date on
which such rule was last reviewed under this subsection. The
agency may amend such plan at any time by publishing the
revision in the Federal Register.
``(3) Annual publication.--Each year, each agency shall
publish in the Federal Register a list of the rules to be
reviewed by such agency under this subsection during the
following year. The list shall include a brief description of
each such rule and the need for and legal basis of such rule
and shall invite public comment upon the determination to be
made under this subsection with respect to such rule.
``(f) Judicial Review.--
``(1) In general.--For any rule subject to this section, an
individual who is adversely affected or aggrieved by final
agency action is entitled to judicial review of agency
compliance with the requirements of subsections (b) and (c) in
accordance with chapter 7. Agency compliance with subsection
(d) shall be judicially reviewable in connection with judicial
review of subsection (b).
``(2) Jurisdiction.--Each court having jurisdiction to
review such rule for compliance with section 553, or under any
other provision of law, shall have jurisdiction to review any
claims of noncompliance with subsections (b) and (c) in
accordance with chapter 7. Agency compliance with subsection
(d) shall be judicially reviewable in connection with judicial
review of subsection (b).
``(3) Limitations.--
``(A) An individual may seek such review during the
period beginning on the date of final agency action and
ending 1 year later, except that where a provision of
law requires that an action challenging a final agency
action be commenced before the expiration of 1 year,
such lesser period shall apply to an action for
judicial review under this subsection.
``(B) In the case where an agency delays the
issuance of a final privacy impact assessment pursuant
to subsection (c), an action for judicial review under
this section shall be filed not later than--
``(i) 1 year after the date the assessment
is made available to the public; or
``(ii) where a provision of law requires
that an action challenging a final agency
regulation be commenced before the expiration
of the 1-year period, the number of days
specified in such provision of law that is
after the date the assessment is made available
to the public.
``(4) Relief.--In granting any relief in an action under
this subsection, the court shall order the agency to take
corrective action consistent with this section and chapter 7,
including, but not limited to--
``(A) remanding the rule to the agency; and
``(B) deferring the enforcement of the rule against
individuals, unless the court finds that continued
enforcement of the rule is in the public interest.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of any court to stay
the effective date of any rule or provision thereof under any
other provision of law or to grant any other relief in addition
to the requirements of this subsection.
``(6) Record of agency action.--In an action for the
judicial review of a rule, the privacy impact assessment for
such rule, including an assessment prepared or corrected
pursuant to paragraph (4), shall constitute part of the entire
record of agency action in connection with such review.
``(7) Exclusivity.--Compliance or noncompliance by an
agency with the provisions of this section shall be subject to
judicial review only in accordance with this subsection.
``(8) Savings clause.--Nothing in this subsection bars
judicial review of any other impact statement or similar
assessment required by any other law if judicial review of such
statement or assessment is otherwise permitted by law.
``(g) Definition.--For purposes of this section, the term
`personally identifiable information' means information that can be
used to identify an individual, including such individual's name,
address, telephone number, photograph, social security number or other
identifying information. It includes information about such
individual's medical or financial condition.''.
(b) Periodic Review Transition Provisions.--
(1) Initial plan.--For each agency, the plan required by
subsection (e) of section 553a of title 5, United States Code
(as added by subsection (a)), shall be published not later than
180 days after the date of the enactment of this Act.
(2) In the case of a rule promulgated by an agency before
the date of the enactment of this Act, such plan shall provide
for the periodic review of such rule before the expiration of
the 10-year period beginning on the date of the enactment of
this Act. For any such rule, the head of the agency may provide
for a 1-year extension of such period if the head of the
agency, before the expiration of the period, certifies in a
statement published in the Federal Register that reviewing such
rule before the expiration of the period is not feasible. The
head of the agency may provide for additional 1-year extensions
of the period pursuant to the preceding sentence, but in no
event may the period exceed 15 years.
(c) Congressional Review.--Section 801(a)(1)(B) of title 5, United
States Code, is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(2) by inserting after clause (ii) the following new
clause:
``(iii) the agency's actions relevant to section 553a;''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 5, United States Code, is amended by adding after
the item relating to section 553 the following new item:
``553a. Privacy impact assessment in rulemaking.''. | Federal Agency Protection of Privacy Act of 2004 - Requires Federal agencies: (1) when publishing a general notice of proposed rulemaking for any proposed rule or a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws, and such rulemaking pertains to the collection, maintenance, use, or disclosure of personally identifiable information from ten or more individuals, other than agencies, instrumentalities, or Federal employees, to prepare an initial assessment that describes the rule's impact on individual privacy; and (2) when promulgating the final rule, to prepare a final privacy impact assessment that includes a summary of any significant issues raised by and changes made pursuant to public comments on the initial assessment. Instructs agencies to make copies of final assessments publicly available and to publish such assessments or summaries thereof in the Federal Register.
Allows the head of an agency to waive or delay the completion of some or all of: (1) these requirements to the same extent as the agency head may waive or delay the completion of requirements for regulatory flexibility analyses; and (2) certain of the preceding requirements under this Act for national security reasons, or to protect from disclosure classified information, confidential commercial information, or information the disclosures of which may adversely affect a law enforcement effort.
Requires the head of an agency promulgating a rule that may have a significant privacy impact to assure that individuals have been given an opportunity to participate in the rulemaking. Requires each agency to: (1) carry out a periodic review of promulgated rules that have a signifcant privacy impact to determine whether each such rule can be amended or rescinded in a manner that minimizes such impact while remaining in accordance with applicable statutes; (2) carry out such review in accordance with a plan that provides for the review of each rule every ten years; and (3) annually publish a list of the rules to be reviewed. Requires the list to: (1) include a brief description of each rule and the need for and legal basis of such rule; and (2) invite public comment upon the determination concerning the rule. Sets forth provisions governing judicial review of agency compliance with this Act. Requires congressional review of agencies' actions that are relevant to this Act. | To amend title 5, United States Code, to require that agencies, in promulgating rules, take into consideration the impact of such rules on the privacy of individuals, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Institutions Examination
Fairness and Reform Act''.
SEC. 2. TIMELINESS OF EXAMINATION REPORTS.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.) is amended by adding at the end the following:
``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS.
``(a) In General.--
``(1) Final examination report.--A Federal financial
institutions regulatory agency shall provide a final
examination report to a financial institution not later than 60
days after the later of--
``(A) the exit interview for an examination of the
institution; or
``(B) the provision of additional information by
the institution relating to the examination.
``(2) Exit interview.--If a financial institution is not
subject to a resident examiner program, the exit interview
shall occur not later than the end of the 9-month period
beginning on the commencement of the examination, except that
such period may be extended by the Federal financial
institutions regulatory agency by providing written notice to
the institution and the Independent Examination Review Director
describing with particularity the reasons that a longer period
is needed to complete the examination.
``(b) Examination Materials.--Upon the request of a financial
institution, the Federal financial institutions regulatory agency shall
include with the final report an appendix listing all examination or
other factual information relied upon by the agency in support of a
material supervisory determination.''.
SEC. 3. EXAMINATION STANDARDS.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.), as amended by section 2, is further amended
by adding at the end the following:
``SEC. 1013. EXAMINATION STANDARDS.
``(a) In General.--In the examination of a financial institution--
``(1) a commercial loan shall not be placed in non-accrual
status solely because the collateral for such loan has
deteriorated in value;
``(2) a modified or restructured commercial loan shall be
removed from non-accrual status if the borrower demonstrates
the ability to perform on such loan over a maximum period of 6
months, except that with respect to loans on a quarterly,
semiannual, or longer repayment schedule such period shall be a
maximum of 3 consecutive repayment periods;
``(3) a new appraisal on a performing commercial loan shall
not be required unless an advance of new funds is involved; and
``(4) in classifying a commercial loan in which there has
been deterioration in collateral value, the amount to be
classified shall be the portion of the deficiency relating to
the decline in collateral value and repayment capacity of the
borrower.
``(b) Well Capitalized Institutions.--The Federal financial
institutions regulatory agencies may not require a financial
institution that is well capitalized to raise additional capital in
lieu of an action prohibited under subsection (a).
``(c) Consistent Loan Classifications.--The Federal financial
institutions regulatory agencies shall develop and apply identical
definitions and reporting requirements for non-accrual loans.''.
SEC. 4. INDEPENDENT EXAMINATION REVIEW DIRECTOR.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.), as amended by section 3, is further amended
by adding at the end the following:
``SEC. 1014. OFFICE OF INDEPENDENT EXAMINATION REVIEW.
``(a) Establishment.--There is established in the Council an Office
of Independent Examination Review (the `Office').
``(b) Head of Office.--There is established the position of the
Independent Examination Review Director (the `Director'), as the head
of the Office. The Director shall be appointed by the Council and shall
be independent from any member agency of the Council.
``(c) Staffing.--The Director is authorized to hire staff to
support the activities of the Office.
``(d) Duties.--The Director shall--
``(1) receive and, at the Director's discretion,
investigate complaints from financial institutions, their
representatives, or another entity acting on behalf of such
institutions, concerning examinations, examination practices,
or examination reports;
``(2) hold meetings, at least once every three months and
in locations designed to encourage participation from all
sections of the United States, with financial institutions,
their representatives, or another entity acting on behalf of
such institutions, to discuss examination procedures,
examination practices, or examination policies;
``(3) review examination procedures of the Federal
financial institutions regulatory agencies to ensure that the
written examination policies of those agencies are being
followed in practice and adhere to the standards for
consistency established by the Council;
``(4) conduct a continuing and regular review of
examination quality assurance for all examination types
conducted by the Federal financial institutions regulatory
agencies;
``(5) adjudicate any supervisory appeal initiated under
section 1015; and
``(6) report annually to the Committee on Financial
Services of the House of Representatives, the Committee on
Banking, Housing, and Urban Affairs of the Senate, and the
Council, on the reviews carried out pursuant to paragraphs (3)
and (4), including compliance with the requirements set forth
in section 1012 regarding timeliness of examination reports,
and the Council's recommendations for improvements in
examination procedures, practices, and policies.
``(e) Confidentiality.--The Director shall keep confidential all
meetings with, discussions with, and information provided by financial
institutions.''.
SEC. 5. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY
DETERMINATIONS.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.), as amended by section 4, is further amended
by adding at the end the following:
``SEC. 1015. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY
DETERMINATIONS.
``(a) In General.--A financial institution shall have the right to
obtain an independent review of a material supervisory determination
contained in a final report of examination.
``(b) Notice.--
``(1) Timing.--A financial institution seeking review of a
material supervisory determination under this section shall
file a written notice with the Independent Examination Review
Director (the `Director') within 60 days after receiving the
final report of examination that is the subject of such review.
``(2) Identification of determination.--The written notice
shall identify the material supervisory determination that is
the subject of the independent examination review, and a
statement of the reasons why the institution believes that the
determination is incorrect or should otherwise be modified.
``(3) Information to be provided to institution.--Any
information relied upon by the agency in the final report that
is not in the possession of the financial institution may be
requested by the financial institution and shall be delivered
promptly by the agency to the financial institution.
``(c) Right to Hearing.--
``(1) In general.--The Director shall determine the merits
of the appeal on the record or, at the financial institution's
election, shall refer the appeal to an Administrative Law Judge
to conduct a confidential hearing pursuant to the procedures
set forth under sections 556 and 557 of title 5, United States
Code, which hearing shall take place not later than 60 days
after the petition for review was received by the Director, and
to issue a proposed decision to the Director based upon the
record established at such hearing.
``(2) Standard of review.--In rendering a determination or
recommendation under this subsection, neither the
Administrative Law Judge nor the Director shall defer to the
opinions of the examiner or agency, but shall conduct a de novo
review to independently determine the appropriateness of the
agency's decision based upon the relevant statutes,
regulations, and other appropriate guidance, as well as
evidence adduced at any hearing.
``(d) Final Decision.--A decision by the Director on an independent
review under this section shall--
``(1) be made not later than 60 days after the record has
been closed; and
``(2) be deemed final agency action and shall bind the
agency whose supervisory determination was the subject of the
review and the financial institution requesting the review.
``(e) Right to Judicial Review.--A financial institution shall have
the right to petition for review of final agency action under this
section by filing a Petition for Review within 60 days of the
Director's decision in the United States Court of Appeals for the
District of Columbia Circuit or the Circuit in which the financial
institution is located.
``(f) Report.--The Director shall report annually to the Committee
on Financial Services of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate on actions taken
under this section, including the types of issues that the Director has
reviewed and the results of those reviews. In no case shall such a
report contain information about individual financial institutions or
any confidential or privileged information shared by financial
institutions.
``(g) Retaliation Prohibited.--A Federal financial institutions
regulatory agency may not--
``(1) retaliate against a financial institution, including
service providers, or any institution-affiliated party (as
defined under section 3 of the Federal Deposit Insurance Act),
for exercising appellate rights under this section; or
``(2) delay or deny any agency action that would benefit a
financial institution or any institution-affiliated party on
the basis that an appeal under this section is pending under
this section.
``(h) Rule of Construction.--Nothing in this section may be
construed--
``(1) to affect the right of a Federal financial
institutions regulatory agency to take enforcement or other
supervisory actions related to a material supervisory
determination under review under this section; or
``(2) to prohibit the review under this section of a
material supervisory determination with respect to which there
is an ongoing enforcement or other supervisory action.''.
SEC. 6. ADDITIONAL AMENDMENTS.
(a) Riegle Community Development and Regulatory Improvement Act of
1994.--Section 309 of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4806) is amended--
(1) in subsection (a), by inserting after ``appropriate
Federal banking agency'' the following: ``, the Bureau of
Consumer Financial Protection,'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the appellant
from retaliation by agency examiners'' and inserting
``the insured depository institution or insured credit
union from retaliation by the agencies referred to in
subsection (a)''; and
(B) by adding at the end the following flush-left
text:
``For purposes of this subsection and subsection (e), retaliation
includes delaying consideration of, or withholding approval of, any
request, notice, or application that otherwise would have been
approved, but for the exercise of the institution's or credit union's
rights under this section.'';
(3) in subsection (e)(2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) ensure that appropriate safeguards exist for
protecting the insured depository institution or
insured credit union from retaliation by any agency
referred to in subsection (a) for exercising its rights
under this subsection.''; and
(4) in subsection (f)(1)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(iv) any issue specifically listed in an
exam report as a matter requiring attention by
the institution's management or board of
directors; and
``(v) any suspension or removal of an
institution's status as eligible for expedited
processing of applications, requests, notices,
or filings on the grounds of a supervisory or
compliance concern, regardless of whether that
concern has been cited as a basis for another
material supervisory determination or matter
requiring attention in an examination report,
provided that the conduct at issue did not
involve violation of any criminal law; and''.
(b) Federal Credit Union Act.--Section 205(j) of the Federal Credit
Union Act (12 U.S.C. 1785(j)) is amended by inserting ``the Bureau of
Consumer Financial Protection,'' before ``the Administration'' each
place such term appears.
(c) Federal Financial Institutions Examination Council Act of
1978.--The Federal Financial Institutions Examination Council Act of
1978 (12 U.S.C. 3301 et seq.) is amended--
(1) in section 1003, by amending paragraph (1) to read as
follows:
``(1) the term `Federal financial institutions regulatory
agencies'--
``(A) means the Office of the Comptroller of the
Currency, the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, and
the National Credit Union Administration; and
``(B) for purposes of sections 1012, 1013, 1014,
and 1015, includes the Bureau of Consumer Financial
Protection;''; and
(2) in section 1005, by striking ``One-fifth'' and
inserting ``One-fourth''. | . Financial Institutions Examination Fairness and Reform Act (Sec. 2) This bill amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days after the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. The bill sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. (Sec. 3) Examination standards are prescribed for financial institutions that: prescribe requirements and prohibitions for the treatment of certain commercial loans, prohibit a federal financial institution regulatory agency from requiring a well-capitalized financial institution to raise additional capital in lieu of certain actions prohibited with respect to such commercial loans, and require federal financial institutions regulatory agencies to develop and apply identical definitions and reporting requirements for non-accrual loans. (Sec. 4) The bill establishes in the Federal Financial Institutions Examination Council (FFIEC) the Office of Independent Examination Review, headed by a director appointed by the FFIEC, but independent from any member agency of the FFIEC. (Sec. 5) Financial institutions may appeal a material supervisory determination contained in a final report of examination. The director must determine the merits of the appeal on the record, or, at the election of the financial institution, refer the appeal to an administrative law judge. The director's decision on an appeal shall: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Financial institutions may also petition for judicial review of the director's decision. The bill prohibits a federal financial institutions regulatory agency from: retaliating against a financial institution, including service providers, or any institution-affiliated party, for exercising appellate rights under this bill; or delaying or denying any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this bill is pending. (Sec. 6) The Riegle Community Development and Regulatory Improvement Act of 1994 is amended to require: the Consumer Financial Protection Bureau to establish an independent intra-agency appellate process in connection with the regulatory appeals process, and safeguards to protect an insured depository institution or insured credit union from retaliation by any federal banking agency for exercising its rights. | Financial Institutions Examination Fairness and Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crime Victim Restitution and Court
Fee Intercept Act''.
SEC. 2. OFFSET OF STATE JUDICIAL DEBTS AGAINST INCOME TAX REFUND.
(a) In General.--Section 6402 of the Internal Revenue Code of 1986
(relating to authority to make credits or refunds) is amended by
redesignating subsections (g) through (l) as subsections (h) through
(m), respectively, and by inserting after subsection (e) the following:
``(g) Collection of Past-Due, Legally Enforceable State Judicial
Debts.--
``(1) In general.--Upon receiving notice from any State
judicial branch or State agency designated by the chief justice
of the State's highest court that a named person owes a past-
due, legally enforceable State judicial debt to or in such
State, the Secretary shall, under such conditions as may be
prescribed by the Secretary--
``(A) reduce the amount of any overpayment payable
to such person by the amount of such State judicial
debt;
``(B) pay the amount by which such overpayment is
reduced under subparagraph (A) to such State judicial
branch or State agency and notify such State judicial
branch or State agency of such person's name, taxpayer
identification number, address, and the amount
collected; and
``(C) notify the person making such overpayment
that the overpayment has been reduced by an amount
necessary to satisfy a past-due, legally enforceable
State judicial debt.
If an offset is made pursuant to a joint return, the notice
under subparagraph (B) shall include the names, taxpayer
identification numbers, and addresses of each person filing
such return.
``(2) Priorities for offset.--Any overpayment by a person
shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant
to--
``(i) subsection (a) with respect to any
liability for any internal revenue tax on the
part of the person who made the overpayment;
``(ii) subsection (c) with respect to past-
due support;
``(iii) subsection (d) with respect to any
past-due, legally enforceable debt owed to a
Federal agency;
``(iv) subsection (e) with respect to any
past-due, legally enforceable State income tax
obligations; and
``(v) subsection (f) with respect to any
covered unemployment compensation debt; and
``(B) before such overpayment is credited to the
future liability for any Federal internal revenue tax
of such person pursuant to subsection (b).
If the Secretary receives notice from 1 or more State agencies,
or from 1 or more State agencies and the State judicial branch,
of more than 1 debt subject to paragraph (1) that is owed by
such person to such State agency or State judicial branch, any
overpayment by such person shall be applied against such debts
in the order in which such debts accrued.
``(3) Notice; consideration of evidence.--Rules similar to
the rules of subsection (e)(4) shall apply with respect to
debts under this subsection.
``(4) Past-due, legally enforceable state judicial debt.--
``(A) In general.--For purposes of this subsection,
the term `past-due, legally enforceable State judicial
debt' means a debt--
``(i) which resulted from a judgment or
sentence rendered by any court or tribunal of
competent jurisdiction which--
``(I) handles criminal or traffic
cases in the State; and
``(II) has determined an amount of
State judicial debt to be due; and
``(ii) which resulted from a State judicial
debt which has been assessed and is past-due
but not collected.
``(B) State judicial debt.--For purposes of this
paragraph, the term `State judicial debt' includes
court costs, fees, fines, assessments, restitution to
victims of crime, and other monies resulting from a
judgment or sentence rendered by any court or tribunal
of competent jurisdiction handling criminal or traffic
cases in the State.
``(5) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which State judicial
branches and State agencies must submit notices of past-due,
legally enforceable State judicial debts and the necessary
information that must be contained in or accompany such
notices. The regulations shall specify the types of State
judicial monies and the minimum amount of debt to which the
reduction procedure established by paragraph (1) may be
applied. The regulations may require State judicial branches
and State agencies to pay a fee to reimburse the Secretary for
the cost of applying such procedure. Any fee paid to the
Secretary pursuant to the preceding sentence shall be used to
reimburse appropriations which bore all or part of the cost of
applying such procedure.
``(6) Erroneous payment to state.--Any State judicial
branch or State agency receiving notice from the Secretary that
an erroneous payment has been made to such State judicial
branch or State agency under paragraph (1) shall pay promptly
to the Secretary, in accordance with such regulations as the
Secretary may prescribe, an amount equal to the amount of such
erroneous payment (without regard to whether any other amounts
payable to such State judicial branch or State agency under
such paragraph have been paid to such State judicial branch or
State agency).''.
(b) Disclosure of Return Information.--Section 6103(l)(10) of the
Internal Revenue Code of 1986 (relating to disclosure of certain
information to agencies requesting a reduction under subsection (c),
(d), (e), or (f) of section 6402) is amended by striking ``or (f)''
each place it appears in the text and heading and inserting ``(f), or
(g)''.
(c) Conforming Amendments.--
(1) Section 6402(a) of the Internal Revenue Code of 1986 is
amended by striking ``and (f)'' and inserting ``(f), and (g)''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended by striking ``and (f)'' and inserting ``(f), and (g)''.
(3) Paragraph (3)(B) of section 6402(e) of such Code is
amended to read as follows:
``(B) before such overpayment is--
``(i) reduced pursuant to subsection (g)
with respect to past-due, legally enforceable
State judicial debts, and
``(ii) credited to the future liability for
any Federal internal revenue tax of such person
pursuant to subsection (b).''.
(4) Paragraph (2)(B) of section 6402(f) of such Code is
amended to read as follows:
``(B) before such overpayment is--
``(i) reduced pursuant to subsection (g)
with respect to past-due, legally enforceable
State judicial debts, and
``(ii) credited to the future liability for
any Federal internal revenue tax of such person
pursuant to subsection (b).''.
(5) Section 6402(h) of such Code, as so redesignated, is
amended by striking ``or (f)'' and inserting ``(f), or (g)''.
(6) Section 6402(j) of such Code, as so redesignated, is
amended by striking ``or (f)'' and inserting ``(f), or (g)''.
(d) Effective Date.--The amendments made by this Act shall apply to
refunds payable for taxable years beginning after December 31, 2008. | Crime Victim Restitution and Court Fee Intercept Act - Amends the Internal Revenue Code to direct the Secretary of the Treasury, upon receiving notice from a state judicial agency that a named person owes a past-due, legally enforceable state judicial debt, to pay such debt from any tax refund due to such person. Defines "state judicial debt" to include court costs, fees, fines, assessments, restitution to victims of crime, and other monies resulting from a judgment or sentence rendered by any court or tribunal of competent jurisdiction handling criminal or traffic cases in the state. | To amend the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for State judicial debts that are past-due. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Relief Certainty Act''.
TITLE I--PERMANENT TAX RELIEF
SEC. 101. REPEAL OF EGTRRA SUNSET.
(a) In General.--Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is repealed.
(b) Sunset Maintained for Expansion of Adoption Benefits Under the
Patient Protection and Affordable Care Act.--Subsection (c) of section
10909 of the Patient Protection and Affordable Care Act is amended to
read as follows:
``(c) Sunset Provision.--All provisions of, and amendments made by,
this section shall not apply to taxable years beginning after December
31, 2011, and the Internal Revenue Code of 1986 shall be applied and
administered to such years as if such provisions and amendments had
never been enacted.''.
SEC. 102. REPEAL OF JGTRRA SUNSET.
Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of
2003 is repealed.
SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS.
The Secretary of the Treasury or the Secretary's delegate shall not
later than 90 days after the date of the enactment of this Act, submit
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a draft of any technical and
conforming changes in the Internal Revenue Code of 1986 which are
necessary to reflect throughout such Code the purposes of the
provisions of, and amendments made by, this Act.
TITLE II--PERMANENT INDIVIDUAL AMT RELIEF
SEC. 201. PERMANENT INDIVIDUAL AMT RELIEF.
(a) Modification of Alternative Minimum Tax Exemption Amount.--
(1) In general.--Paragraph (1) of section 55(d) of the
Internal Revenue Code of 1986 (relating to exemption amount) is
amended to read as follows:
``(1) Exemption amount for taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation, the term `exemption amount' means--
``(A) the dollar amount for taxable years beginning
in the calendar year as specified in the table
contained in paragraph (4)(A) in the case of--
``(i) a joint return, or
``(ii) a surviving spouse,
``(B) the dollar amount for taxable years beginning
in the calendar year as specified in the table
contained in paragraph (4)(B) in the case of an
individual who--
``(i) is not a married individual, and
``(ii) is not a surviving spouse,
``(C) 50 percent of the dollar amount applicable
under paragraph (1)(A) in the case of a married
individual who files a separate return, and
``(D) $22,500 in the case of an estate or trust.
For purposes of this paragraph, the term `surviving spouse' has
the meaning given to such term by section 2(a), and marital
status shall be determined under section 7703.''.
(2) Specified exemption amounts.--Section 55(d) of such
Code is amended by adding at the end the following new
paragraph:
``(4) Specified exemption amounts.--
``(A) Taxpayers described in paragraph (1)(A).--For
purposes of paragraph (1)(A)--
------------------------------------------------------------------------
The
``For taxable years beginning in-- exemption
amount is:
------------------------------------------------------------------------
2010....................................................... $72,450
2011....................................................... $74,450
2012....................................................... $78,250
2013....................................................... $81,450
2014....................................................... $85,050
2015....................................................... $88,650
2016....................................................... $92,650
2017....................................................... $96,550
2018....................................................... $100,950
2019....................................................... $105,150
2020....................................................... $109,950.
------------------------------------------------------------------------
``(B) Taxpayers described in paragraph (1)(B).--For
purposes of paragraph (1)(B)--
------------------------------------------------------------------------
The
``For taxable years beginning in-- exemption
amount is:
------------------------------------------------------------------------
2010....................................................... $47,450
2011....................................................... $48,450
2012....................................................... $50,350
2013....................................................... $51,950
2014....................................................... $53,750
2015....................................................... $55,550
2016....................................................... $57,550
2017....................................................... $59,500
2018....................................................... $61,700
2019....................................................... $63,800
2020....................................................... $66,200.''.
------------------------------------------------------------------------
(b) Alternative Minimum Tax Relief for Nonrefundable Credits.--
(1) In general.--Subsection (a) of section 26 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the sum of--
``(1) the taxpayer's regular tax liability for the taxable
year reduced by the foreign tax credit allowable under section
27(a), and
``(2) the tax imposed by section 55(a) for the taxable
year.''.
(2) Conforming amendments.--
(A) Adoption credit.--
(i) Section 23(b) of such Code, as in
effect on December 31, 2009, is amended by
striking paragraph (4).
(ii) Section 23(c) of such Code, as in
effect on December 31, 2009, is amended by
striking paragraphs (1) and (2) and inserting
the following:
``(1) In general.--If the credit allowable under subsection
(a) for any taxable year exceeds the limitation imposed by
section 26(a) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section
and sections 25D and 1400C), such excess shall be carried to
the succeeding taxable year and added to the credit allowable
under subsection (a) for such taxable year.''.
(iii) Section 23(c) of such Code, as in
effect on December 31, 2009 amended by
redesignating paragraph (3) as paragraph (2).
(B) Child tax credit.--
(i) Section 24(b) of such Code is amended
by striking paragraph (3).
(ii) Section 24(d)(1) of such Code is
amended--
(I) by striking ``section 26(a)(2)
or subsection (b)(3), as the case may
be,'' each place it appears in
subparagraphs (A) and (B) and inserting
``section 26(a)'', and
(II) by striking ``section 26(a)(2)
or subsection (b)(3), as the case may
be'' in the second last sentence and
inserting ``section 26(a)''.
(C) Credit for interest on certain home
mortgages.--Section 25(e)(1)(C) of such Code is amended
to read as follows:
``(C) Applicable tax limit.--For purposes of this
paragraph, the term `applicable tax limit' means the
limitation imposed by section 26(a) for the taxable
year reduced by the sum of the credits allowable under
this subpart (other than this section and sections 23,
25D, and 1400C).''.
(D) Savers' credit.--Section 25B of such Code is
amended by striking subsection (g).
(E) Residential energy efficient property.--Section
25D(c) of such Code is amended to read as follows:
``(c) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.''.
(F) Certain plug-in electric vehicles.--Section
30(c)(2) of such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(G) Alternative motor vehicle credit.--Section
30B(g)(2) of such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(H) New qualified plug-in electric vehicle
credit.--Section 30D(c)(2) of such Code is amended to
read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(I) Cross references.--Section 55(c)(3) of such
Code is amended by striking ``26(a), 30C(d)(2),'' and
inserting ``30C(d)(2)''.
(J) Foreign tax credit.--Section 904 of such Code
is amended by striking subsection (i) and by
redesignating subsections (j), (k), and (l) as
subsections (i), (j), and (k), respectively.
(K) First-time home buyer credit for the district
of columbia.--Section 1400C(d) of such Code is amended
to read as follows:
``(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under subpart
A of part IV of subchapter A (other than this section and section 25D),
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Tax Relief Certainty Act - Eliminates the terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2001, thus making the provisions of such Act permanent. Terminates after December 31, 2011, provisions of the Patient Protection and Affordable Care Act increasing tax benefits for adoption.
Eliminates the terminating date of the Jobs and Growth Tax Relief Reconciliation Act of 2003 applicable to provisions reducing tax rates on dividends and capital gains.
Amends the Internal Revenue Code to: (1) phase-in between 2010 through 2020 increases in the exemption amount for the alternative minimum tax (AMT); and (2) make permanent offsets against the AMT for certain nonrefundable tax credits. | To permanently extend the 2001 and 2003 tax relief provisions, and to permanently repeal the estate tax, and to provide permanent AMT relief, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smoke-Free Environment Act of
1993''.
SEC. 2. SMOKE-FREE ENVIRONMENT POLICY.
The Public Health Service Act is amended by adding the following
new title at the end thereof:
``TITLE XXVII--SMOKE-FREE ENVIRONMENTS
``SEC. 2701. SMOKE-FREE ENVIRONMENT POLICY.
``(a) Policy Required.--In order to protect children and adults
from cancer, respiratory disease, heart disease, and other adverse
health effects from breathing environmental tobacco smoke, the
responsible entity for each public facility shall adopt and implement
at such facility a smoke-free environment policy which meets the
requirements of subsection (b).
``(b) Elements of Policy.--Each smoke-free environment policy for a
public facility shall--
``(1) prohibit the smoking of cigarettes, cigars, and
pipes, and any other combustion of tobacco, within the facility
and on facility property within the immediate vicinity of the
entrance to the facility; and
``(2) post a clear and prominent notice of the smoking
prohibition in appropriate and visible locations at the public
facility.
The policy may provide an exception to the prohibition specified in
paragraph (1) for one or more specially designated smoking areas within
a public facility if such area or areas meet the requirements of
subsection (c).
``(c) Specially Designated Smoking Areas.--A specially designated
smoking area meets the requirements of this subsection if:
``(1) The area is ventilated in accordance with
specifications promulgated by the Administrator that insure
that air from the area is directly exhausted to the outside and
does not recirculate or drift to other areas within the public
facility.
``(2) Nonsmoking individuals do not have to enter the area
for any purpose.
``SEC. 2702. CITIZEN ACTIONS.
``(a) In General.--An action may be brought to enforce the
requirements of this title by any aggrieved person, any State or local
government agency, or the Administrator.
``(b) Venue.--Any action to enforce this title may be brought in
any United States district court for the district in which the
defendant resides or is doing business to enjoin any violation of this
title or to impose a civil penalty for any such violation in the amount
of not more than $5,000 per day of violation. The district courts shall
have jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce this title and to impose civil
penalties under this title.
``(c) Notice.--An aggrieved person shall give any alleged violator
notice of at least 60 days prior to commencing an action under this
section. No action may be commenced by an aggrieved person under this
section if such alleged violator complies with the requirements of this
title within such 60-day period and thereafter.
``(d) Costs.--The court, in issuing any final order in any action
brought pursuant to this section, may award costs of litigation
(including reasonable attorney and expert witness fees) to any
prevailing plaintiff, whenever the court determines such award is
appropriate.
``(e) Penalties.--The court in any action under this section to
apply civil penalties shall have discretion to order that such civil
penalties be used for projects which further the policies of this
title. The court shall obtain the view of the Administrator in
exercising such discretion and selecting any such projects.
``SEC. 2703. PREEMPTION.
``Nothing in this title shall preempt or otherwise affect any other
Federal, State or local law which provides protection from health
hazards from environmental tobacco smoke.
``SEC. 2704. REGULATIONS.
``The Administrator is authorized to promulgate such regulations as
the Administrator deems necessary to carry out this title.
``SEC. 2705. EFFECTIVE DATE.
``The requirements of this title shall take effect on the date one
year after the date of the enactment of the Smoke-Free Environment Act
of 1993.
``SEC. 2706. DEFINITIONS.
``As used in this title--
``(1) the term `Administrator' means the Administrator of
the Environmental Protection Agency;
``(2) the term `public facility' means any building
regularly entered by 10 or more individuals at least one day
per week, including any such building owned by or leased to a
Federal, State, or local government entity. Such term shall not
include any building or portion thereof regularly used for
residential purposes; and
``(3) the term `responsible entity' means, with respect to
any public facility, the owner of such facility, except that in
the case of any such facility or portion thereof which is
leased, such term means the lessee.''. | Smoke-Free Environment Act of 1993 - Amends the Public Health Service Act to add a new title on smoke free environments. Requires the responsible entity for each public facility to adopt, implement, and post a policy prohibiting smoking in the facility and on facility property in the immediate vicinity of the facility's entrance. Allows designated smoking areas if: (1) the area is ventilated to exhaust directly to the outside; and (2) nonsmoking individuals do not have to enter the area for any purpose. Allows enforcement actions by any aggrieved person, any State or local government agency, or the Administrator of the Environmental Protection Agency. Provides for civil monetary penalties. | Smoke-Free Environment Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pentagon 9/11 Memorial Commemorative
Coin Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Construction of the Pentagon was completed in the midst
of World War II on January 15, 1943.
(2) September 11, 2001, marks a tragic day in the history
of the United States and the Pentagon Building located in
Arlington, Virginia.
(3) 184 individuals ages 3 to 71 lost their lives through
the horrific event that unfolded at the Pentagon on September
11, 2001.
(4) An appropriate memorial reminding us of the brave men,
women, and children who perished has been designed and is to be
built on 1.93 acres located on the western side of the Pentagon
Building.
(5) The target completion date for the construction of the
Pentagon Memorial park is late fall 2006.
(6) Almost $30,000,000 will need to be raised from the
private sector in order to begin construction of the memorial
and to maintain it upon completion.
(7) The surcharge proceeds from the sale of a commemorative
coin, which would have no net cost to the taxpayers, would
raise valuable funding for the construction and maintenance of
the Pentagon Memorial in remembrance of those who lost their
lives at the Pentagon on September 11, 2001.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $50 gold coins.--$50 coins, in the number determined
under subsection (b), which shall--
(A) weigh 1 ounce;
(B) have a diameter of 1.287 inches; and
(C) contain 91.67 percent gold and 8.33 percent
alloy.
(2) $1 silver coins.--Such number of $1 coins as the
Secretary determines appropriate to meet demand, 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.
(3) Half dollar clad coins.--Such number of half dollar
coins as the Secretary determines appropriate to meet demand,
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) Number of Gold Coins.--
(1) In general.--The number of gold coins minted and issued
under this Act shall equal the sum of 10,000 and the number
determined under paragraph (2).
(2) Determination of number.--The Secretary, in
consultation with the Attorney General of the United States,
the Secretary of Defense, and the Governor of Virginia shall
determine the number of innocent individuals confirmed or
presumed to have been killed as a result of the terrorist
attack against the Pentagon that occurred on September 11,
2001, and shall identify such individuals.
(c) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
(e) Sources of Bullion.--For the purpose of minting coins under
this Act, the Secretary may only use metals that are from natural
deposits in the United States or any territory or possession of the
United States.
(f) Special Treatment Under Exigent Circumstances.--
(1) Findings.--The Congress finds as follows:
(A) The limitations contained in paragraphs (1) and
(2)(A) of section 5112(m) of title 31, United States
Code, and section 5134(f)(1)(B) of such title have well
served, and continue to serve, their purpose of
bringing greater stability to the markets for
commemorative coins, maximizing demand and
participation in such programs, and ensuring that such
programs have a broad base of private support and are
not used as the primary means of fundraising by
organizations that are the recipients of surcharges.
(B) The shocking circumstances of September 11,
2001, the broad base of public interest in remembering
those innocent individuals who lost their lives at the
Pentagon on September 11, 2001, and participating in the raising of
funds for the Pentagon Memorial Fund, and the importance of
implementing this coin program as quickly as possible, notwithstanding
the limitations contained in such paragraphs, justify exempting the
coins produced under this Act from such limitations.
(2) Exemption.--Paragraphs (1) and (2) of section 5112(m)
of title 31, United States Code, and section 5134(f)(1)(B) of
such title shall not apply to coins authorized under this 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 spirit and bravery of the
civilians, servicemen and women that work at the Pentagon and
were aboard Flight 77 on September 11, 2001.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2001''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Secretary of Defense, the Executive Committee of the Pentagon
Memorial Fund, and the Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--
(1) In general.--Except as provided under paragraph (2),
coins minted under this Act shall be issued in uncirculated
quality.
(2) Gold coins.--$50 coins minted under section 3(a)(1)
shall be issued only in proof quality.
(b) Mint Facility.--
(1) In general.--Except as provided under paragraph (2),
only 1 facility of the United States Mint may be used to strike
any particular quality of the coins minted under this Act.
(2) Clad coins.--Any number of facilities of the United
States Mint may be used to strike the half dollar coins minted
under section 3(a)(3).
(c) Period for Issuance.--The Secretary--
(1) shall commence issuing coins minted under this Act as
soon as possible after the date of the enactment of this Act;
and
(2) shall not issue any coins after the end of the 1-year
period beginning on the date such coins are first issued.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under section 3(a) (other than
the $50 gold coins referred to in subsection (d)) shall be sold by the
Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharges required by section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping), including the cost of the coins
presented under subsection (d).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under section 3(a) at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
received before the issuance of the coins minted under section
3(a).
(2) Reasonable discount.--The sale prices with respect to
such prepaid orders shall be at a reasonable discount.
(d) Gold Coins.--Notwithstanding section 5(c)(2), the Secretary
shall issue a $50 coin minted under section 3(a)(1) for presentation
free of charge to the next of kin or personal representative of each
individual identified under section 3(b)(2). 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 such gold coins.
SEC. 7. SURCHARGES ON SALE OF COINS.
(a) In General.--Any sale by the Secretary of a coin minted under
this Act shall include a surcharge of--
(1) $100 per coin for the $50 gold coins;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Pentagon Memorial Fund for the purposes of construction of a
memorial at the Pentagon, Arlington, Virginia.
(c) Audit.--The Pentagon Memorial Fund shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received under subsection (a). | Pentagon 9/11 Memorial Commemorative Coin Act of 2005 - Instructs the Secretary of the Treasury to mint and issue the following coins emblematic of the spirit and bravery of the civilians, servicemen, and women that work at the Pentagon and were aboard Flight 77 on September 11, 2001: (1) $50 gold coins; 2) $1 silver coins; and (3) half dollar clad coins.
Directs the Secretary to issue a $50 coin for presentation free of charge to the next of kin or personal representative of each individual identified.
States that 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 Congress, of such gold coins.
Provides for surcharges of: (1) $100 per coin for the $50 gold coins; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half dollar coin. | To require the Secretary of the Treasury to mint coins in commemoration of the tragic loss of lives at the Pentagon on September 11, 2001, and to support construction of the Pentagon 9/11 Memorial in Arlington, Virginia. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Berry Amendment Extension Act''.
SEC. 2. BUY-AMERICAN REQUIREMENT IMPOSED ON DEPARTMENT OF HOMELAND
SECURITY; EXCEPTIONS.
(a) Requirement.--Except as provided in subsections (c) through
(e), funds appropriated or otherwise available to the Department of
Homeland Security may not be used for the procurement of an item
described in subsection (b) if the item is not grown, reprocessed,
reused, or produced in the United States.
(b) Covered Items.--An item referred to in subsection (a) is any of
the following, if the item is directly related to the national security
interests of the United States:
(1) An article or item of--
(A) clothing and the materials and components
thereof, other than sensors, electronics, or other
items added to, and not normally associated with,
clothing (and the materials and components thereof);
(B) tents, tarpaulins, or covers;
(C) cotton and other natural fiber products, woven
silk or woven silk blends, spun silk yarn for cartridge
cloth, synthetic fabric or coated synthetic fabric
(including all textile fibers and yarns that are for
use in such fabrics), canvas products, or wool (whether
in the form of fiber or yarn or contained in fabrics,
materials, or manufactured articles); or
(D) any item of individual equipment manufactured
from or containing such fibers, yarns, fabrics, or
materials.
(2) Specialty metals, including stainless steel flatware.
(3) Hand or measuring tools.
(c) Availability Exception.--Subsection (a) does not apply to the
extent that the Secretary of Homeland Security determines that
satisfactory quality and sufficient quantity of any such article or
item described in subsection (b)(1) or specialty metals (including
stainless steel flatware) grown, reprocessed, reused, or produced in
the United States cannot be procured as and when needed at United
States market prices.
(d) Exception for Certain Procurements Outside the United States.--
Subsection (a) does not apply to the following:
(1) Procurements by vessels in foreign waters.
(2) Emergency procurements or procurements of perishable
foods by an establishment located outside the United States for
the personnel attached to such establishment.
(e) Exception for Small Purchases.--Subsection (a) does not apply
to purchases for amounts not greater than the simplified acquisition
threshold referred to in section 2304(g) of title 10, United States
Code.
(f) Applicability to Contracts and Subcontracts for Procurement of
Commercial Items.--This section is applicable to contracts and
subcontracts for the procurement of commercial items notwithstanding
section 34 of the Office of Federal Procurement Policy Act (41 U.S.C.
430).
(g) Geographic Coverage.--In this section, the term ``United
States'' includes the possessions of the United States.
(h) Notification Required Within 7 Days After Contract Award If
Certain Exceptions Applied.--In the case of any contract for the
procurement of an item described in subsection (b)(1), if the Secretary
of Homeland Security applies an exception set forth in subsection (c)
with respect to that contract, the Secretary shall, not later than 7
days after the award of the contract, post a notification that the
exception has been applied on the Internet site maintained by the
General Services Administration known as FedBizOps.gov (or any
successor site).
(i) Training During Fiscal Year 2006.--
(1) In general.--The Secretary of Homeland Security shall
ensure that each member of the acquisition workforce in the
Department of Homeland Security who participates personally and
substantially in the acquisition of textiles on a regular basis
receives training during fiscal year 2006 on the requirements
of this section and the regulations implementing this section.
(2) Inclusion of information in new training programs.--The
Secretary shall ensure that any training program for the
acquisition workforce developed or implemented after the date
of the enactment of this Act includes comprehensive information
on the requirements described in paragraph (1).
(j) Consistency With International Agreements.--
(1) In general.--No provision of this Act shall apply to
the extent the Secretary of Homeland Security, in consultation
with the United States Trade Representative, determines that it
is in inconsistent with United States obligations under an
international agreement.
(2) Report.--The Secretary of Homeland Security shall
submit a report each year to Congress containing, with respect
to the year covered by the report--
(A) a list of each provision of this Act that did
not apply during that year pursuant to a determination
by the Secretary under paragraph (1); and
(B) a list of each contract awarded by the
Department of Homeland Security during that year
without regard to a provision in this Act because that
provision was made inapplicable pursuant to such a
determination.
(k) Effective Date.--This section applies with respect to contracts
entered into by the Department of Homeland Security after the date of
the enactment of this Act. | Berry Amendment Extension Act - Prohibits the Department of Homeland Security (DHS) from procuring specified covered items directly related to national security interests (including clothing, tents, or natural fiber products, specialty metals, or hand or measuring tools) that are not grown, reprocessed, reused, or produced in the United States, except to the extent satisfactory quality and sufficient quantity of any such product cannot be procured at U.S. market prices.
Makes additional exceptions for: (1) procurements by vessels in foreign waters; (2) emergency procurements or procurements of perishable foods by establishments located outside the United States for their personnel; and (3) purchases for amounts not greater than the simplified acquisition threshold ($100,000). Directs the Secretary to ensure that: (1) each member of the Department's acquisition workforce who regularly participates in textile acquisition receives training during FY2006 on this Act's requirements; and (2) any such training includes comprehensive information on such requirements. Makes this Act inapplicable to the extent that it is inconsistent with U.S. obligations under an international agreement. | To prohibit the Department of Homeland Security from procuring certain items directly related to the national security unless the items are grown, reprocessed, reused, or produced in the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preparing More Welfare Recipients
for Work Act''.
SEC. 2. IMPROVING COUNTING OF REQUIRED HOURS OF PARTICIPATION IN WORK
ACTIVITIES.
(a) Elimination of Distinction Between Core and Non-Core Work
Activities.--Section 407(c)(1)(A) of the Social Security Act (42 U.S.C.
607(c)(1)(A)) is amended by striking ``, not fewer than 20 hours per
week of which are attributable to an activity described in paragraph
(1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d)''.
(b) Allowing States To Receive Partial Credit for Partial
Engagement.--Section 407(c)(1)(B) of such Act (42 U.S.C. 607(c)(1)(B))
is amended to read as follows:
``(B) Partial credit for families participating for
less than the minimum hours required.--If a family
receiving assistance under the State program funded
under this part includes an adult or minor child head
of household receiving the assistance who has
participated in work activities for an average of 15
hours (or 10 hours, in the case of a single parent
specified in paragraph (2)(B)) per week during a month,
the family shall count as 0.5 of a family for purposes
of calculating the number described in subsection
(b)(1)(B)(i) for the month.''.
(c) State Option To Request Alternate Work Participation Rate
Calculation.--Section 407(a) of such Act (42 U.S.C. 607(a)) is amended
by adding at the end the following:
``(3) State option to request alternate work participation
rate calculation.--
``(A) Application.--A State may apply to the
Secretary to apply subparagraph (C) with respect to the
State.
``(B) Approval of application.--The Secretary may
approve the application if the State demonstrates to
the Secretary (in accordance with such guidelines as
the Secretary shall establish) that the State has
systems and mechanisms in place to accurately record
individual hours of participation in work activities
that accurately reflects the number of hours of
participation of the individuals required to
participate in the activities.
``(C) Alternative calculation.--A State whose
application under this paragraph is approved by the
Secretary shall be considered to be in compliance with
this subsection for a month in a fiscal year if the sum
of the total number of hours during which the
recipients of assistance under the State program funded
under this part who are required to be participating in
work activities during the month have participated in
the activities is not less than the percentage equal to
the minimum participation rate in effect under
paragraph (1) for the fiscal year, multiplied by the
sum of--
``(i) 30 times the number of the recipients
who are so required to participate for an
average of at least 30 hours per week in the
month (as determined by the State); and
``(ii) 20 times the number of the
recipients who are so required to participate
for an average of at least 20 hours per week in
the month (as so determined).''.
(d) Modifications to Counting Job Search as Work.--Section
407(c)(2)(A) of such Act (42 U.S.C. 607(c)(2)(A)) is amended to read as
follows:
``(A) Counting of job search as work.--After the
participation of an individual in an activity described
in subsection (d)(6) of this section of a State program
funded under this part or any other State program
funded with qualified State expenditures (as defined in
section 409(a)(7)(B)(i)) has been counted for 3 months
as participation in a work activity, participation by
the individual in such an activity shall count towards
not more than half of the hours of participation in
work activities by the individual.''.
(e) Modification of Rule Providing for Participation by Reason of
Secondary School Attendance.--Section 407(c)(2)(C) of such Act (42
U.S.C. 607(c)(2)(C)) is amended--
(1) in the subparagraph heading, by striking ``Single teen
head of household or married teen'' and inserting
``Individual'';
(2) by striking ``is married or a head of household and'';
and
(3) by striking ``20 years'' and inserting ``26 years''.
(f) Requirement That State Meet With Individual Involved in Job
Readiness Activities for More Than 3 Months.--Section 407(c)(2) of such
Act (42 U.S.C. 607(c)(2)) is amended by adding at the end the
following:
``(E) Periodic meeting with individuals
participating in job readiness assistance.--After an
individual has participated for 3 months in an activity
described in subsection (d)(12) of this section of a
State program funded under this part or any other State
program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i)), the individual
shall not be considered to be engaged in work by reason
of participation in such an activity until the State
has met with the individual, and certified that
continued participation in such an activity is
necessary to help prepare the individual for, or
support the individual in, employment.''.
(g) Providing Child Care Assistance to Community Service
Participant Replaced by Job Readiness Assistance as Separate Work
Activity.--
(1) In general.--Section 407(d)(12) of such Act (42 U.S.C.
607(d)) is amended to read as follows:
``(12) job readiness assistance.''.
(2) Conforming amendment.--Section 407(d)(6) of such Act
(42 U.S.C. 607(d)) is amended by striking ``and job readiness
assistance''.
(h) Doubling of Limit on Counting Vocation Educational Training as
Work.--Section 407(d)(8) of such Act (42 U.S.C. 607(d)(8)) is amended
by striking ``12'' and inserting ``24''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2017. | Preparing More Welfare Recipients for Work Act This bill revises mandatory work requirements under the Temporary Assistance for Needy Families (TANF) program. Specifically, for purposes of counting work activities toward the satisfaction of such requirements, the bill: eliminates the distinction between core work activities and other specified work activities related to training and education; in general, eliminates separate requirements for two-parent families and other families; allows partial credit with respect to families that participate in work activities for fewer hours than required; allows states to request approval for an alternative work-participation rate calculation; limits, after three months of participation, the extent to which job-search activities shall be counted as work activities; modifies requirements for counting secondary-school attendance as work participation; removes from the definition of "work activities" the provision of child-care services to an individual who is participating in a community service program; and increases, from 12 to 24 months, the maximum period for which vocational educational training counts a work activities. | Preparing More Welfare Recipients for Work Act |
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. PURPOSE.
It is the purpose of this Act to--
(1) reduce rates of preterm labor and delivery;
(2) work toward an evidence-based standard of care for pregnant
women at risk of preterm labor or other serious complications, and
for infants born preterm and at a low birthweight; and
(3) reduce infant mortality and disabilities caused by
prematurity.
SEC. 3. RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND THE CARE,
TREATMENT, AND OUTCOMES OF PRETERM AND LOW BIRTHWEIGHT
INFANTS.
(a) General Expansion of CDC Research.--Section 301 of the Public
Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the
end the following:
``(e) The Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall expand, intensify, and coordinate
the activities of the Centers for Disease Control and Prevention with
respect to preterm labor and delivery and infant mortality.''.
(b) Studies on 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,
conduct ongoing epidemiological studies on the relationship between
prematurity, birth defects, and developmental disabilities.
(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).
(c) Pregnancy Risk Assessment Monitoring Survey.--
(1) In general.--The Secretary of Health and Human Services,
acting through the Director of the Centers for Disease Control and
Prevention, shall establish systems for the collection of maternal-
infant clinical and biomedical information, including electronic
health records, electronic databases, and biobanks, to link with
the Pregnancy Risk Assessment Monitoring System (PRAMS) and other
epidemiological studies of prematurity in order to track pregnancy
outcomes and prevent preterm birth.
(2) Authorization of appropriations.--There is authorized to be
appropriated to carry out paragraph (1) $3,000,000 for each of
fiscal years 2007 through 2011.
(d) Evaluation of Existing Tools and Measures.--The Secretary of
Health and Human Services shall review existing tools and measures to
ensure that such tools and measures include information related to the
known risk factors of low birth weight and preterm birth.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, except for subsection (c),
$5,000,000 for each of fiscal years 2007 through 2011.
SEC. 4. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended--
(1) by redesignating the second section 399O (relating to
grants to foster public health responses to domestic violence,
dating violence, sexual assault, and stalking) as section 399P; and
(2) by adding at the end the following:
``SEC. 399Q. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT
SERVICES.
``(a) In General.--The Secretary, directly or through the awarding
of grants to public or private nonprofit entities, may conduct
demonstration projects for the purpose of improving the provision of
information on prematurity to health professionals and other health
care providers and the public and improving the treatment and outcomes
for babies born preterm.
``(b) Activities.--Activities to be carried out under the
demonstration project under subsection (a) may include the
establishment of--
``(1) programs to test and evaluate various strategies to
provide information and education to health professionals, other
health care providers, and the public concerning--
``(A) the signs of preterm labor, updated as new research
results become available;
``(B) the screening for and the treating of infections;
``(c) counseling on optimal weight and good nutrition,
including folic acid;
``(D) smoking cessation education and counseling;
``(E) stress management; and
``(F) appropriate prenatal care;
``(2) programs to improve the treatment and outcomes for babies
born premature, including the use of evidence-based standards of
care by health care professionals for pregnant women at risk of
preterm labor or other serious complications and for infants born
preterm and at a low birthweight;
``(3) programs to respond to the informational needs of
families during the stay of an infant in a neonatal intensive care
unit, during the transition of the infant to the home, and in the
event of a newborn death; and
``(4) such other programs as the Secretary determines
appropriate to achieve the purpose specified in subsection (a).
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2007 through 2011.''.
SEC. 5. INTERAGENCY COORDINATING COUNCIL ON PREMATURITY AND LOW
BIRTHWEIGHT.
(a) Purpose.--It is the purpose of this section to stimulate
multidisciplinary research, scientific exchange, and collaboration
among the agencies of the Department of Health and Human Services and
to assist the Department in targeting efforts to achieve the greatest
advances toward the goal of reducing prematurity and low birthweight.
(b) Establishment.--The Secretary of Health and Human Services
shall establish an Interagency Coordinating Council on Prematurity and
Low Birthweight (referred to in this section as the Council) to carry
out the purpose of this section.
(c) Composition.--The Council shall be composed of members to be
appointed by the Secretary, including representatives of the agencies
of the Department of Health and Human Services.
(d) Activities.--The Council shall--
(1) annually report to the Secretary of Health and Human
Services and Congress on current Departmental activities relating
to prematurity and low birthweight;
(2) carry out other activities determined appropriate by the
Secretary of Health and Human Services; and
(3) oversee the coordination of the implementation of this Act.
SEC. 6. SURGEON GENERAL'S CONFERENCE ON PRETERM BIRTH.
(a) Convening of Conference.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Health and Human Services,
acting through the Surgeon General of the Public Health Service, shall
convene a conference on preterm birth.
(b) Purpose of Conference.--The purpose of the conference convened
under subsection (a) shall be to--
(1) increase awareness of preterm birth as a serious, common,
and costly public health problem in the United States;
(2) review the findings and reports issued by the Interagency
Coordinating Council, key stakeholders, and any other relevant
entities; and
(3) establish an agenda for activities in both the public and
private sectors that will speed the identification of, and
treatments for, the causes of and risk factors for preterm labor
and delivery.
(c) Report.--The Secretary of Health and Human Services shall
submit to the Congress and make available to the public a report on the
agenda established under subsection (b)(3), including recommendations
for activities in the public and private sectors that will speed the
identification of, and treatments for, the causes of and risk factors
for preterm labor and delivery.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section (other than subsection (c))
$125,000.
SEC. 7. EFFECTIVE DATE OF CERTAIN HEAD START REGULATIONS.
Section 1310.12(a) of title 45 of the Code of Federal Regulations
(October 1, 2004) shall not be effective until June 30, 2007, or 60
days after the date of the enactment of a statute that authorizes
appropriations for fiscal year 2007 to carry out the Head Start Act,
whichever date is earlier.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or the PREEMIE Act - (Sec. 3) Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) expand and coordinate CDC activities on preterm labor and delivery and infant mortality; (2) conduct ongoing epidemiological studies on the relationship between prematurity, birth defects, and developmental disabilities; and (3) establish systems for the collection of maternal-infant clinical biomedical information to link with the Pregnancy Risk Assessment Monitoring System.
Requires the Secretary to review existing tools and measures to ensure that such tools and measures include information related to the known risk factors of low birth weight and preterm birth.
(Sec. 4) Allows the Secretary to conduct demonstration projects to improve: (1) the provision of information on prematurity to health professionals and the public; and (2) treatment and outcome for babies born preterm.
(Sec. 5) Requires the Secretary to establish an Interagency Coordinating Council on Prematurity and Low Birthweight.
(Sec. 6) Directs the Secretary, acting through the Surgeon General, to convene a conference on preterm birth.
Authorizes appropriations.
(Sec. 7) Delays (until the earlier of June 30, 2007, or 60 days after enactment of a FY2007 authorization of appropriations to carry out the Head Start Act) the effective date of regulations requiring agencies providing transportation services to ensure that children enrolled in Head Start are transported in school buses or allowable alternate vehicles that: (1) are equipped for use of height- and weight-appropriate child restraint systems; and (2) have reverse beepers. | A bill to reduce preterm labor and delivery and the risk of pregnancy-related deaths and complications due to pregnancy, and to reduce infant mortality caused by prematurity. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Tax Accountability
Act of 2015''.
SEC. 2. INELIGIBILITY OF INDIVIDUALS HAVING SERIOUSLY DELINQUENT TAX
DEBTS FOR FEDERAL EMPLOYMENT.
(a) In General.--Chapter 45 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER IV--LIMITATIONS ON BONUSES
``Sec. 4531. Definitions
``For purposes of this subchapter--
``(1) the term `agency' means--
``(A) an Executive agency;
``(B) the United States Postal Service;
``(C) the Postal Regulatory Commission; and
``(D) an employing authority in the legislative
branch;
``(2) the term `bonus' means any bonus or cash award
relating to employment, including an award under this chapter,
an additional step-increase under section 5336, an award under
section 5384, a recruitment or relocation bonus under section
5753, and a retention bonus under section 5754;
``(3) the term `employee' means an employee in or under an
agency, including an individual described in section 2104(b) or
2105(e); and
``(4) the term `seriously delinquent tax debt'--
``(A) means an outstanding debt under the Internal
Revenue Code of 1986 for which a notice of lien has
been filed in public records pursuant to section 6323
of such Code; and
``(B) does not include--
``(i) a debt that is being paid in a timely
manner pursuant to an agreement under section
6159 or section 7122 of such Code;
``(ii) a debt with respect to which a
collection due process hearing under section
6330 of such Code, or relief under subsection
(a), (b), or (f) of section 6015 of such Code,
is requested or pending;
``(iii) a debt with respect to which a levy
has been issued under section 6331 of such Code
(or, in the case of an applicant for
employment, a debt with respect to which the
applicant agrees to be subject to a levy issued
under such section); and
``(iv) a debt with respect to which relief
under section 6343(a)(1)(D) of such Code is
granted.
``Sec. 4532. Ineligibility for bonuses
``(a) In General.--Subject to subsection (c), any individual who
has a seriously delinquent tax debt shall be ineligible to receive a
bonus from an agency.
``(b) Disclosure Requirement.--The head of each agency shall take
appropriate measures to ensure that each individual applying for
employment with such agency shall be required to submit (as part of the
application for employment) certification that such individual does not
have any seriously delinquent tax debt.
``(c) Regulations.--The Office of Personnel Management, in
consultation with the Internal Revenue Service, shall promulgate
regulations to carry out this section with respect to the executive
branch, which shall provide for the following:
``(1) All due process rights, afforded by chapter 75 and
any other provision of law, shall apply with respect to a
determination under this section that an individual is
ineligible to receive a bonus.
``(2) Before any such determination is given effect with
respect to an individual, the individual shall be afforded 180
days to demonstrate that such individual's debt is one
described in clause (i), (ii), (iii), or (iv) of section
4531(a)(4)(B).
``(3) An employee who has a seriously delinquent tax debt
may receive a bonus, in a situation involving financial
hardship, if the continued service of such employee is in the
best interests of the United States, as determined on a case-
by-case basis.
``(d) Reports to Congress.--The Director of the Office of Personnel
Management shall report annually to Congress on the number of
exemptions made pursuant to subsection (c)(3).
``Sec. 4533. Review of public records
``(a) In General.--Each agency shall provide for such reviews of
public records as the head of such agency considers appropriate to
determine if a notice of lien (as described in section 4531(4)) has
been filed with respect to an employee of or an applicant for
employment with such agency.
``(b) Additional Requests.--If a notice of lien is discovered under
subsection (a) with respect to an employee or applicant for employment,
the agency may--
``(1) request that the employee or applicant execute and
submit a form authorizing the Secretary of the Treasury to
disclose to the head of the agency information limited to
describing whether the employee or applicant has a seriously
delinquent tax debt; and
``(2) contact the Secretary of the Treasury to request tax
information limited to describing whether the employee or
applicant has a seriously delinquent tax debt.
``(c) Authorization Form.--The Secretary of the Treasury shall make
available to all agencies a standard form for the authorization
described in subsection (b)(1).
``(d) Negative Consideration.--The head of an agency, in
considering an individual's application for employment or in making an
employee appraisal or evaluation, shall give negative consideration to
a refusal or failure to comply with a request under subsection (b)(1).
``Sec. 4534. Confidentiality
``Neither the head nor any other employee of an agency may--
``(1) use any information furnished under the provisions of
this subchapter for any purpose other than the administration
of this subchapter;
``(2) make any publication whereby the information
furnished by or with respect to any particular individual under
this subchapter can be identified; or
``(3) permit anyone who is not an employee of such agency
to examine or otherwise have access to any such information.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 45 of title 5, United States Code, is amended by adding at the
end the following:
``subchapter iv--limitations on bonuses
``4531. Definitions.
``4532. Ineligibility for bonuses.
``4533. Review of public records.
``4534. Confidentiality.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 9
months after the date of enactment of this Act. | Federal Employee Tax Accountability Act of 2015 Makes any individual who has a seriously delinquent tax debt ineligible to receive a bonus from a federal agency (i.e., an executive agency, the U.S. Postal Service, the Postal Regulatory Commission, or an employing agency in the legislative branch). Defines "seriously delinquent tax debt" as an outstanding tax debt for which a notice of lien has been filed in public records. Exempts a tax debt: (1) that is being paid in a timely manner under an approved installment payment agreement or an offer-in-compromise, (2) for which a collection due process hearing has been requested or pending, (3) for which a levy has been issued or agreed to by an applicant for employment, or (4) that is determined to be an economic hardship to the taxpayer. Requires each agency to review public records to determine if a notice of tax lien has been filed against an agency employee or applicant for employment. Prohibits an agency head or agency employee from using or disclosing tax delinquency information other than for the administration of this Act. | Federal Employee Tax Accountability Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Responder Anthrax Preparedness
Act''.
SEC. 2. VOLUNTARY PRE-EVENT ANTHRAX VACCINATION PILOT PROGRAM FOR
EMERGENCY RESPONSE PROVIDERS.
(a) Pilot Program.--
(1) Establishment.--The Secretary of Homeland Security, in
coordination with the Secretary of Health and Human Services, shall
carry out a pilot program to provide eligible anthrax vaccines from
the Strategic National Stockpile under section 319F-2(a) of the
Public Health Service Act (42 U.S.C. 247d-6b(a)) that will be
nearing the end of their labeled dates of use at the time such
vaccines are made available to States for administration to
emergency response providers who would be at high risk of exposure
to anthrax if such an attack should occur and who voluntarily
consent to such administration.
(2) Determination.--The Secretary of Health and Human Services
shall determine whether an anthrax vaccine is eligible to be
provided to the Secretary of Homeland Security for the pilot
program described in paragraph (1) based on--
(A) a determination that the vaccine is not otherwise
allotted for other purposes;
(B) a determination that the provision of the vaccine will
not reduce, or otherwise adversely affect, the capability to
meet projected requirements for this product during a public
health emergency, including a significant reduction of
available quantities of vaccine in the Strategic National
Stockpile; and
(C) such other considerations as determined appropriate by
the Secretary of Health and Human Services.
(3) Preliminary requirements.--Before implementing the pilot
program required under this subsection, the Secretary of Homeland
Security, in coordination with the Secretary of Health and Human
Services, shall--
(A) establish a communication platform for the pilot
program;
(B) develop and deliver education and training for the
pilot program;
(C) conduct economic analysis of the pilot program,
including a preliminary estimate of total costs and expected
benefits;
(D) create a logistical platform for the anthrax vaccine
request process under the pilot program;
(E) establish goals and desired outcomes for the pilot
program; and
(F) establish a mechanism to reimburse the Secretary of
Health and Human Services for--
(i) the costs of shipment and transportation of such
vaccines provided to the Secretary of Homeland Security
from the Strategic National Stockpile under such pilot
program, including staff time directly supporting such
shipment and transportation; and
(ii) the amount, if any, by which the warehousing costs
of the Strategic National Stockpile are increased in order
to operate such pilot program.
(4) Location.--
(A) In general.--In carrying out the pilot program required
under this subsection, the Secretary of Homeland Security shall
select not fewer than 2 nor more than 5 States for voluntary
participation in the pilot program.
(B) Requirement.--Each State that participates in the pilot
program under this subsection shall ensure that such
participation is consistent with the All-Hazards Public Health
Emergency Preparedness and Response Plan of the State developed
under section 319C-1 of the Public Health Service Act (42
U.S.C. 247d-3a).
(5) Guidance for selection.--To ensure that participation in
the pilot program under this subsection strategically increases
State and local response readiness in the event of an anthrax
release, the Secretary of Homeland Security, in coordination with
the Secretary of Health and Human Services, shall provide guidance
to participating States and units of local government on
identifying emergency response providers who are at high risk of
exposure to anthrax.
(6) Distribution of information.--The Secretary of Homeland
Security shall require that each State that participates in the
pilot program under this subsection submit a written certification
to the Secretary of Homeland Security stating that each emergency
response provider within the State that participates in the pilot
program is provided with disclosures and educational materials
designated by the Secretary of Health and Human Services, which may
include--
(A) materials regarding the associated benefits and risks
of any vaccine provided under the pilot program, and of
exposure to anthrax;
(B) additional material consistent with the Centers for
Disease Control and Prevention's clinical guidance; and
(C) notice that the Federal Government is not obligated to
continue providing anthrax vaccine after the date on which the
pilot program ends.
(7) Memorandum of understanding.--Before implementing the pilot
program under this subsection, the Secretary of Homeland Security
shall enter into a memorandum of understanding with the Secretary
of Health and Human Services to--
(A) define the roles and responsibilities of each
Department for the pilot program; and
(B) establish other performance metrics and policies for
the pilot program, as appropriate.
(8) Report.--
(A) In general.--Notwithstanding subsection (c), not later
than 1 year after the date on which the initial vaccines are
administered under this section, and annually thereafter until
1 year after the completion of the pilot program under this
section, the Secretary of Homeland Security, in coordination
with the Secretary of Health and Human Services, shall submit
to the Committee on Homeland Security and the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the progress and results of the pilot
program, including--
(i) a detailed tabulation of the costs to administer
the program, including--
(I) total costs for management and administration;
(II) total costs to ship vaccines;
(III) total number of full-time equivalents
allocated to the program; and
(IV) total costs to the Strategic National
Stockpile;
(ii) the number and percentage of eligible emergency
response providers, as determined by each pilot location,
that volunteer to participate;
(iii) the degree to which participants complete the
vaccine regimen;
(iv) the total number of doses of vaccine administered;
and
(v) recommendations to improve initial and recurrent
participation in the pilot program.
(B) Final report.--The final report required under
subparagraph (A) shall--
(i) consider whether the pilot program required under
this subsection should continue after the date described in
subsection (c); and
(ii) include--
(I) an analysis of the costs and benefits of
continuing the program to provide anthrax vaccines to
emergency response providers;
(II) an explanation of the economic, health, and
other risks and benefits of administering vaccines
through the pilot program rather than post-event
treatment; and
(III) in the case of a recommendation under clause
(i) to continue the pilot program after the date
described in subsection (c), a plan under which the
pilot program could be continued.
(b) Deadline for Implementation.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Homeland Security shall
begin implementing the pilot program under this section.
(c) Sunset.--The authority to carry out the pilot program under
this section shall expire on the date that is 5 years after the date of
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 November 16, 2016. First Responder Anthrax Preparedness Act (Sec. 2) This bill requires the Department of Homeland Security (DHS), in coordination with the Department of Health and Human Services (HHS), to carry out a pilot program to provide eligible anthrax vaccines nearing the end of their labeled dates of use from the strategic national stockpile to emergency response providers who would be at high risk of exposure to anthrax if an attack should occur and who voluntarily consent. HHS shall determine whether an anthrax vaccine is eligible to be provided to DHS for the program based on determinations that: (1) the vaccine is not otherwise allotted for other purposes; and (2) the provision of the vaccine will not reduce or otherwise adversely affect the capability to meet projected requirements for such product during a public health emergency. DHS shall establish a communication platform, develop and deliver education and training, conduct an economic analysis, create a logistical platform, establish goals and desired outcomes for the program, and establish a mechanism to reimburse HHS for the costs of shipment and transportation of such vaccines provided to DHS under such program and the amount by which the warehousing costs of the stockpile are increased in order to operate such program. DHS must: (1) select between two and five states for voluntary participation in the program; (2) provide guidance to participating states and local governments on identifying providers who are at high risk of exposure; and (3) require each participating state to submit a written certification that each participating emergency response provider is provided with disclosures and educational materials regarding the associated benefits and risks of any vaccine provided and of exposure to anthrax, additional material consistent with the Centers for Disease Control and Prevention's clinical guidance, and notice that the federal government is not obligated to continue providing anthrax vaccine after the program ends. Each state that participates in the program shall ensure that such participation is consistent with the state's All-Hazards Public Health Emergency Preparedness and Response Plan. DHS shall enter into a memorandum of understanding with HHS to: (1) define each department's roles and responsibilities, and (2) establish appropriate performance metrics and policies for the program. DHS must submit annual reports on program progress and results, which shall include the costs to administer the program, the number and percentage of eligible providers that volunteer to participate, the degree to which participants complete the vaccine regimen, the total number of doses of vaccine administered, and recommendations to improve participation. The final report shall consider whether the program should continue beyond five years after enactment of this bill and shall include: (1) an analysis of the costs and benefits of continuing the program; (2) an explanation of the economic, health, and other risks and benefits of administering vaccines through the program rather than post-event treatment; and (3) a plan under which the program could be continued. | First Responder Anthrax Preparedness Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Faster Care for Veterans Act of
2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In June 2014, an internal audit conducted by the
Department of Veterans Affairs found more than 120,000 veterans
waited at least 90 days for appointments for health care or
never received appointments.
(2) One year following such audit, and despite the
Department handling more appointments than in previous years,
reports indicate that the number of veterans waiting 30 days or
more for health care increased by 50 percent.
(3) In 2008, the Inspector General of the Department of
Veterans Affairs estimated that 18 percent of outpatient
appointment slots went unfilled because of patient no-shows or
because facility personnel did not refill canceled
appointments.
(4) Wait times are not unique to the Department of Veterans
Affairs. The average wait time in the private sector is more
than 18 days, but private sector hospitals and health systems
are now leveraging technology to eliminate wait times and
ensure that every available appointment is used.
(5) In June 2015, the Institute of Medicine of the National
Academy of Sciences called for a patient-oriented scheduling
platform that allows patients to self-schedule care online at
any time.
SEC. 3. PILOT PROGRAM ESTABLISHING A PATIENT SELF-SCHEDULING
APPOINTMENT SYSTEM.
(a) Pilot Program.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall commence
a pilot program under which veterans use an Internet website to
schedule and confirm appointments for health care at medical facilities
of the Department of Veterans Affairs.
(b) Selection of Locations.--The Secretary shall select not fewer
than three Veterans Integrated Services Networks in which to carry out
the pilot program under subsection (a).
(c) Contracts.--
(1) Authority.--The Secretary shall seek to enter into a
contract with one or more contractors that are able to meet the
criteria under paragraph (3) to provide the scheduling and
confirmation capability described in subsection (a).
(2) Notice of competition.--
(A) In general.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall
issue a request for proposals for the contract
described in paragraph (1).
(B) Open request.--The request for proposals issued
under subparagraph (A) shall be full and open to any
contractor that is able to meet the criteria under
paragraph (3).
(3) Selection of vendors.--Not later than 120 days after
the date of the enactment of this Act, the Secretary shall
enter into a contract with one or more contractors that have an
existing commercially available online patient self-scheduling
capability that--
(A) allows patients to self-schedule, confirm, and
modify outpatient and specialty care appointments in
real time through an Internet website;
(B) makes available, in real time, any appointments
that were previously filled but later canceled by other
patients; and
(C) allows patients to use the online scheduling
capability 24 hours per day, seven days per week.
(4) Integration with existing infrastructure.--The
Secretary shall ensure that a contractor awarded a contract
under this section is able to integrate the online scheduling
capability of the contractor with the Veterans Health
Information Systems and Technology Architecture of the
Department.
(d) Duration of Pilot Program.--
(1) In general.--Except as provided by paragraph (2), the
Secretary shall carry out the pilot program under subsection
(a) during the 18-month period beginning on the commencement of
the pilot program.
(2) Extension.--The Secretary may extend the duration of
the pilot program under subsection (a), and may expand the
selection of Veterans Integrated Services Networks under
subsection (b), if the Secretary determines that the pilot
program is reducing the wait times of veterans seeking health
care from the Department and ensuring that more available
appointment times are filled.
(e) Report.--Not later than one year after commencing the pilot
program under subsection (a), 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
outcomes of the pilot program, including--
(1) whether the pilot program demonstrated--
(A) improvements to the ability of veterans to
schedule appointments for the receipt of health care
from the Department; and
(B) a reduction in wait times for such
appointments; and
(2) such recommendations for expanding the pilot program to
additional Veterans Integrated Services Networks as the
Secretary considers appropriate.
(f) Use of Amounts Otherwise Appropriated.--No additional amounts
are authorized to be appropriated to carry out the pilot program under
subsection (a) and such pilot program shall be carried out using
amounts otherwise made available to the Secretary of Veterans Affairs
for the medical support and compliance account of the Veterans Health
Administration. | Faster Care for Veterans Act of 2016 This bill directs the Department of Veterans Affairs (VA) to begin an 18-month pilot program in at least three Veterans Integrated Service Networks (VISNs) under which veterans use an Internet website to schedule and confirm appointments at VA medical facilities. The pilot program's duration may be extended and the number of VISNs may be increased. | Faster Care for Veterans Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Plains Groundwater Resource
Conservation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) a reliable source of groundwater is an essential
element of the economy of the communities on the High Plains;
(2) the High Plains Aquifer consists largely of the
Ogallala Aquifer with small components of other geologic units;
(3) the High Plains Aquifer experienced a dramatic decline
in water table levels in the latter half of the twentieth
century;
(4) the decline in water table levels is especially
pronounced in the Southern Ogallala Aquifer, with areas in the
States of Kansas, New Mexico, Oklahoma, and Texas experiencing
declines of over 100 feet from 1950 to 1997;
(5) the saturated thickness of the High Plains Aquifer has
declined by over 50 percent in some areas. Furthermore, the
percentage of the High Plains Aquifer which has a saturated
thickness of 100 feet or more declined from 54 percent to 51
percent in the period from 1980 to 1997;
(6) the decreased water levels in the High Plains Aquifer
coupled with higher pumping lift costs raise concerns about the
long-term sustainability of irrigated agriculture in the High
Plains;
(7) hydrological modeling by the United States Geological
Survey indicates that in the context of sustained high
groundwater use in the surrounding region, reductions in
groundwater pumping at the single farm level or at a local
level of up to 100 square miles, have a very time limited
impact on conserving the level of the local water table, thus
creating a disincentive for individual water users to invest in
water conservation measures;
(8) incentives must be created for conservation of
groundwater on a regional scale, in order to achieve an
agricultural economy on the High Plains that is sustainable;
and
(9) for water conservation incentives to function, Federal,
State, tribal, and local water policy makers, and individual
groundwater users must have access to reliable information
concerning aquifer recharge rates extraction rates, and water
table levels at the local and regional levels on an ongoing
basis.
(b) Purpose.--The purpose of this Act is to promote groundwater
conservation on the High Plains in order to extend the useable life of
the High Plains Aquifer.
SEC. 3. HIGH PLAINS GROUNDWATER CONSERVATION ASSISTANCE.
(a) High Plains Aquifer Groundwater Conservation Incentives
Program.--The Food Security Act of 1985 is amended by inserting after
section 1240H the following new section:
``SEC. 1240I. HIGH PLAINS AQUIFER GROUNDWATER CONSERVATION INCENTIVES
PROGRAM.
``(a) Definitions.--In this section:
``(1) High plains.--The term `High Plains' means the
approximately 174,000 square miles of land surface overlying
the High Plains Aquifer in the States of Colorado, Kansas,
Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and
Wyoming.
``(2) High plains aquifer.--The term `High Plains Aquifer'
is the groundwater reserve depicted as Figure 1 in the United
States Geological Survey Professional Paper 1400-B, titled
Geohydrology of the High Plains Aquifer in Parts of Colorado,
Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas,
and Wyoming.
``(3) High plains aquifer states.--The term `High Plains
Aquifer States' means the States of Colorado, Kansas, Nebraska,
New Mexico, Oklahoma, South Dakota, Texas, and Wyoming.
``(b) In General.--In each of the fiscal years 2002 through 2011,
the Secretary shall provide cost-share payments, incentive payments,
and technical assistance to producers who enter into contracts with the
Secretary, through a High Plains Aquifer Groundwater Conservation
Incentives Program in accordance with this section. The goal of the
program shall be to achieve significant per acre savings of the
groundwater resources of the High Plains Aquifer.
``(c) Participation.--The Secretary shall ensure, to the maximum
extent practicable, that producers on lands drawing water from the High
Plains Aquifer throughout the High Plains region shall have an
opportunity to participate in the program established under this
section. The participation of producers in areas experiencing
significant aquifer level declines shall be given a priority and that
participation shall be limited to producers in ares for which a plan
has been certified pursuant to subsection (1).
``(d) Eligible Practices.--
``(1) Structural practices.--A producer on lands drawing
water from the High Plains Aquifer who implements an on-farm
structural practice, which may include the improvement of
irrigation systems and the purchase of new equipment, which the
Secretary determines will result in a significant and
quantifiable per-acre savings of the groundwater resources of
the High Plains Aquifer, shall be eligible for cost-share
payments, in accordance with this section.
``(2) Land management practices.--A producer on lands
drawing water from the High Plains Aquifer who performs a land
management practice, which may include the conversion of
acreage from irrigated agricultural production to dryland
production, the modification of cropping patterns from high
water intensity crops to low water intensity crops, or the
implementation of other groundwater conservation measures,
which the Secretary determines will result in a significant and
quantifiable per-acre savings of the groundwater resources of
the High Plains Aquifer, shall be eligible for incentive
payments, in accordance with this section.
``(e) Application and Term.--A contract between a producer and the
Secretary under this section may--
``(1) apply to one or more structural practices or one or
more land management practices, or both; and
``(2) have a term of not less than three, nor more than
ten, years as determined appropriate by the Secretary,
depending on the practice or practices that are the basis of
the contract.
``(f) Structural Practices.--
``(1) Offer selection process.--The Secretary shall, to the
maximum extent practicable, establish a process for selecting
applications for financial assistance if their are numerous
applications for assistance for structural practices that would
provide substantially the same level of groundwater
conservation benefits. The process shall be based on--
``(A) a reasonable estimate of the projected cost
of the proposals and other factors identified by the
Secretary for determining which applications will
result in the least cost to the program authorized by
this section; and
``(B) the priorities established under this section
and such other factors determined by the Secretary that
maximize groundwater conservation benefits per dollar
expended.
``(2) Concurrence of owner.--If the producer making an
offer to implement a structural practice is a tenant of the
land involved in agricultural production, for the offer to be
acceptable, the producer shall obtain the concurrent of the
owner of the land with respect to the offer.
``(g) Land Management Practices.--The Secretary shall establish an
application and evaluation process for awarding incentive payments to a
producer in exchange for the performance of one or more land management
practices by the producer.
``(h) Payments.--
``(1) Cost-share payments.--The Federal share of cost-share
payments to a producer proposing to implement one or more
structural practices shall be not more than 50 percent of the
projected cost of the practice, as determined by the Secretary,
taking into consideration any payment received by the producer
from a State or local government.
``(2) Incentive payments.--The Secretary shall make
incentive payments in an amount and at a rate determined by the
Secretary to be necessary to encourage a producer to perform
one or more land management practices.
``(3) Net savings.--Payment may be made to producers only
if the Secretary determines that the structural practice or
land management practice will result in a net savings on lands owned or
operated by the producer of groundwater resources of the High Plains
Aquifer.
``(i) Modifications or Termination of Contracts.--
``(1) Voluntary modification or termination.--The Secretary
may modify or terminate a contract entered into with a producer
under this section if--
``(A) the producer agrees to the modification or
termination;
``(B) the Secretary determines that the
modification or termination is in the public interest.
``(2) Involuntary termination.--The Secretary may terminate
a contract under this section if the Secretary determines that
the producer violated the contract.
``(j) Duties.--
``(1) Duties or producers.--To receive cost-share payments,
incentive payments, or technical assistance under this section,
a producer shall agree to implement the structural practice or
land management practice as agreed to in the contract with the
Secretary and to comply with such additional conditions as the
Secretary determines are necessary to carry out the intent of
this section.
``(2) Duties of the secretary.--The Secretary shall provide
cost-share payments or incentive payments for developing and
implementing one or more structural practices or one or more
land management practices, as agreed to in the contract with
the producer.
``(k) Limitation of Payments.--The total amount of cost-share
payments paid to any one producer under this section may not exceed
$50,000 for any multi-year contract. The Secretary shall set a
limitation on the amount of inventive payments paid to any one producer
under this section at a level which, in the Secretary's discretion,
will maximize the conservation of groundwater resources from the High
Plains Aquifer.
``(l) High Plains Groundwater Conservation Planning.--
``(1) Planning assistance.--The Secretary shall provide
financial and technical assistance, including modeling and
engineering design to States, tribes, and counties,
conservation districts, or other political subdivisions
recognized under State law, for the development of
comprehensive groundwater conservation plans within the High
Plains. This assistance shall be provided on a cost-share basis
ensuring that:
``(A) the Federal funding for the development of
any given plan shall not exceed 50 percent of the total
cost; and
``(B) the Federal funding for groundwater water
conservation planning for any one county, conservation
district, or similar political subdivision recognized
under State law shall not exceed $50,000.
``(2) State administration.--Upon application by a High
Plains Aquifer State, and approval by the Secretary, the
Secretary may provide funding on an annual basis to the State
to carry out, in lieu of the Secretary, the activities set
forth in paragraph (1), including assistance to counties,
conservation districts, or other political subdivisions
recognized under the law of that State, for the development of
the conservation plans described in paragraph (1).
``(3) Certification.--The Secretary shall create a
certification process for comprehensive groundwater
conservation plans developed under this program, or developed
independently by States, tribes, counties, conservation
districts, or other political subdivisions recognized under
State law. To be certified, a plan must achieve significant per
acre savings of groundwater from the High Plains Aquifer and
must:
``(A) cover a sufficient geographic area to provide
a benefit to the groundwater resource over at least a
20 year time period;
``(B) include a set of goals and objectives for
groundwater conservation and a timetable for achieving
the goals and objectives;
``(C) identify specific measures for achieving the
groundwater conservation goals and objectives;
``(D) define a plan of action for achieving the
groundwater conservation goals and objectives;
``(E) include a process for an annual evaluation of
the implementation of the plan of action; and
``(F) provide a process for modification of the
plan if the conservation goals and objectives are not
being met or for purposes of updating the plan.
``(m) Funding.--Of the funds of the Commodity Credit Corporation,
the Corporation shall make available to carry out this subsection,
$75,000,000 in each of fiscal years 2002 through 2003, $100,000,000 in
each of fiscal years 2004 through 2006 and $125,000,000 in each of
fiscal years 2007 through 2011.''.
(b) Conservation Reserve Program Enhancement.--Lands eligible for
the Conservation Reserve Program established under section 1231 of the
Food Security Act of 1985 (16 U.S.C. 3831) which would result in
significant per acre savings of groundwater resources of the High
Plains Aquifer, as defined in section 1240I(a) of the Food Security Act
of 1985, if removed from agricultural production shall be awarded 90
Conservation Reserve Program bid points, to be designated as
groundwater conservation points, in addition to any other ratings the
lands may receive.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | High Plains Groundwater Resource Conservation Act - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture in FY 2002 through 2011 to provide cost-share payments, incentive payments, and technical assistance to eligible producers (persons who are engaged in livestock or agricultural production) who enter into contracts with the Secretary through a High Plains Aquifer Groundwater Conservation Incentives Program.Requires the Secretary to provide financial and technical assistance, including modeling and engineering design to States, tribes, and counties, conservation districts, and other political subdivisions recognized under State law for the development of groundwater conservation plans within the High Plains.Requires the creation of a certification process for such plans developed under this program or developed independently by such entities. Provides that, to be certified, a plan must achieve significant per acre savings of groundwater from the Aquifer and must meet the criteria specified by this Act.Directs the Commodity Credit Corporation to make available specified amounts in FY 2002 through 2011 to carry out such Program.Requires that lands eligible for the Environmental Conservation Acreage Reserve Program which would result in significant per acre savings of groundwater resources of the Aquifer if removed from agriculture production be awarded 90 Program bid points, to be designated as groundwater conservation points, in addition to any other ratings such lands may receive. | A bill to further continued economic viability in the communities on the High Plains by promoting sustainable groundwater management of the Ogallala Aquifer. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rare Earths and
Critical Materials Revitalization Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--RARE EARTH MATERIALS
Sec. 101. Rare earth materials program.
Sec. 102. Rare earth materials loan guarantee program.
TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND
DEVELOPMENT
Sec. 201. Amendments to National Materials and Minerals Policy,
Research and Development Act of 1980.
Sec. 202. Repeal.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate Congressional committees'' means the Committee on
Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Energy and Natural Resources of the Senate.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Rare earth materials.--The term ``rare earth
materials'' means any of the following chemical elements in any
of their physical forms or chemical combinations:
(A) Scandium.
(B) Yttrium.
(C) Lanthanum.
(D) Cerium.
(E) Praseodymium.
(F) Neodymium.
(G) Promethium.
(H) Samarium.
(I) Europium.
(J) Gadolinium.
(K) Terbium.
(L) Dysprosium.
(M) Holmium.
(N) Erbium.
(O) Thulium.
(P) Ytterbium.
(Q) Lutetium.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--RARE EARTH MATERIALS
SEC. 101. RARE EARTH MATERIALS PROGRAM.
(a) Establishment of Program.--
(1) In general.--There is established in the Department a
program of research, development, demonstration, and commercial
application to assure the long-term, secure, and sustainable
supply of rare earth materials sufficient to satisfy the
national security, economic well-being, and industrial
production needs of the United States.
(2) Program activities.--The program shall support
activities to--
(A) better characterize and quantify virgin stocks
of rare earth materials using theoretical geochemical
research;
(B) explore, discover, and recover rare earth
materials using advanced science and technology;
(C) improve methods for the extraction, processing,
use, recovery, and recycling of rare earth materials;
(D) improve the understanding of the performance,
processing, and adaptability in engineering designs of
rare earth materials;
(E) identify and test alternative materials that
can be substituted for rare earth materials in
particular applications;
(F) engineer and test applications that--
(i) use recycled rare earth materials;
(ii) use alternative materials; or
(iii) seek to minimize rare earth materials
content;
(G) collect, catalogue, archive, and disseminate
information on rare earth materials, including
scientific and technical data generated by the research
and development activities supported under this
section, and assist scientists and engineers in making
the fullest possible use of the data holdings; and
(H) facilitate information sharing and
collaboration among program participants and
stakeholders.
(3) Improved processes and technologies.--To the maximum
extent practicable, the Secretary shall support new or
significantly improved processes and technologies as compared
to those currently in use in the rare earth materials industry.
(4) Expanding participation.--The Secretary shall
encourage--
(A) multidisciplinary collaborations among program
participants; and
(B) extensive opportunities for students at
institutions of higher education, including
institutions listed under section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(5) Consistency.--The program shall be consistent with the
policies and programs in the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et
seq.).
(6) International collaboration.--In carrying out the
program, the Secretary may collaborate, to the extent
practicable, on activities of mutual interest with the relevant
agencies of foreign countries with interests relating to rare
earth materials.
(b) Plan.--
(1) In general.--Within 180 days after the date of
enactment of this Act and biennially thereafter, the Secretary
shall prepare and submit to the appropriate Congressional
committees a plan to carry out the program established under
subsection (a).
(2) Specific requirements.--The plan shall include a
description of--
(A) the research and development activities to be
carried out by the program during the subsequent 2
years;
(B) the expected contributions of the program to
the creation of innovative methods and technologies for
the efficient and sustainable provision of rare earth
materials to the domestic economy;
(C) the criteria to be used to evaluate
applications for loan guarantees under section 1706 of
the Energy Policy Act of 2005;
(D) any projects receiving loan guarantee support
under such section and the status of such projects;
(E) how the program is promoting the broadest
possible participation by academic, industrial, and
other contributors; and
(F) actions taken or proposed that reflect
recommendations from the assessment conducted under
subsection (c) or the Secretary's rationale for not
taking action pursuant to any recommendation from such
assessment for plans submitted following the completion
of the assessment under such subsection.
(3) Consultation.--In preparing each plan under paragraph
(1), the Secretary shall consult with appropriate
representatives of industry, institutions of higher education,
Department of Energy national laboratories, professional and
technical societies, and other entities, as determined by the
Secretary.
(c) Assessment.--
(1) In general.--After the program has been in operation
for 4 years, the Secretary shall offer to enter into a contract
with the National Academy of Sciences under which the National
Academy shall conduct an assessment of the program under
subsection (a).
(2) Inclusions.--The assessment shall include the
recommendation of the National Academy of Sciences that the
program should be--
(A) continued, accompanied by a description of any
improvements needed in the program; or
(B) terminated, accompanied by a description of the
lessons learned from the execution of the program.
(3) Availability.--The assessment shall be made available
to Congress and the public upon completion.
SEC. 102. RARE EARTH MATERIALS LOAN GUARANTEE PROGRAM.
(a) Amendment.--Title XVII of the Energy Policy Act of 2005 (42
U.S.C. 16511 et seq.) is amended by adding at the end the following new
section:
``SEC. 1706. TEMPORARY PROGRAM FOR RARE EARTH MATERIALS REVITALIZATION.
``(a) In General.--As part of the program established in section
101 of the Rare Earths and Critical Materials Revitalization Act of
2011, the Secretary is authorized, only to the extent provided in
advance in a subsequent appropriations act, to make guarantees under
this title for the commercial application of new or significantly
improved technologies (compared to technologies currently in use in the
United States at the time the guarantee is issued) for the following
categories of projects:
``(1) The separation and recovery of rare earth materials
from ores or other sources.
``(2) The preparation of rare earth materials in oxide,
metal, alloy, or other forms needed for national security,
economic well-being, or industrial production purposes.
``(3) The application of rare earth materials in the
production of improved--
``(A) magnets;
``(B) batteries;
``(C) refrigeration systems;
``(D) optical systems;
``(E) electronics; and
``(F) catalysis.
``(4) The application of rare earth materials in other
uses, as determined by the Secretary.
``(b) Timeliness.--The Secretary shall seek to minimize delay in
approving loan guarantee applications, consistent with appropriate
protection of taxpayer interests.
``(c) Cooperation.--To the maximum extent practicable, the
Secretary shall cooperate with appropriate private sector participants
to achieve a complete rare earth materials production capability in the
United States within 5 years after the date of enactment of the Rare
Earths and Critical Materials Revitalization Act of 2011.
``(d) Domestic Supply Chain.--In support of the objective in
subsection (c) to achieve a rare earth materials production capability
in the United States that includes the complete value chain described
in paragraphs (1) through (4) of subsection (a), the Secretary may not
award a guarantee for a project unless the project's proponent provides
to the Secretary an assurance that the loan or guarantee shall be used
to support the separation, recovery, preparation, or manufacturing of
rare earth materials in the United States for customers within the
United States unless insufficient domestic demand for such materials
results in excess capacity.
``(e) Sunset.--The authority to enter into guarantees under this
section shall expire on September 30, 2016.''.
(b) Table of Contents Amendment.--The table of contents of the
Energy Policy Act of 2005 is amended by inserting after the item
relating to section 1705 the following new item:
``Sec. 1706. Temporary program for rare earth materials
revitalization.''.
TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND
DEVELOPMENT
SEC. 201. AMENDMENTS TO NATIONAL MATERIALS AND MINERALS POLICY,
RESEARCH AND DEVELOPMENT ACT OF 1980.
(a) Program Plan.--Section 5 of the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1604) is
amended--
(1) by striking ``date of enactment of this Act'' each
place it appears and inserting ``date of enactment of the Rare
Earths and Critical Materials Revitalization Act of 2011'';
(2) in subsection (b), by striking ``Federal Coordinating
Council for Science, Engineering, and Technology'' and
inserting ``National Science and Technology Council,'';
(3) in subsection (c)--
(A) by striking ``the Federal Emergency'' and all
that follows through ``Agency, and'';
(B) by striking ``appropriate shall'' and inserting
``appropriate, shall'';
(C) by striking paragraph (1);
(D) in paragraph (2), by striking ``in the case''
and all that follows through ``subsection,'';
(E) by redesignating paragraph (2) as paragraph
(1); and
(F) by amending paragraph (3) to read as follows:
``(2) assess the adequacy, accessibility, and stability of
the supply of materials necessary to maintain national
security, economic well-being, and industrial production.'';
(4) by striking subsections (d) and (e); and
(5) by redesignating subsection (f) as subsection (d).
(b) Policy.--Section 3 of such Act (30 U.S.C. 1602) is amended--
(1) by striking ``The Congress declares that it'' and
inserting ``It''; and
(2) by striking ``The Congress further declares that
implementation'' and inserting ``Implementation''.
(c) Implementation.--Section 4 of such Act (30 U.S.C. 1603) is
amended--
(1) by striking ``For the purpose'' and all that follows
through ``declares that the'' and inserting ``The''; and
(2) by striking ``departments and agencies,'' and inserting
``departments and agencies to implement the policies set forth
in section 3''.
SEC. 202. REPEAL.
Title II of Public Law 98-373 (30 U.S.C. 1801 et seq.; 98 Stat.
1248), also known as the National Critical Materials Act of 1984, is
repealed. | Rare Earths and Critical Materials Revitalization Act of 2011 - Establishes in the Department of Energy (DOE) a research, development, and commercial application program to assure the long-term, secure, and sustainable supply of rare earth materials to satisfy the national security, economic well-being, and industrial production needs of the United States.
Directs the Secretary of Energy to: (1) support new or significantly improved processes and technologies (as compared to those currently in use in the rare earth materials industry), (2) encourage multidisciplinary collaborations and opportunities for students at institutions of higher education, and (3) submit an implementation plan to Congress.
Amends the Energy Policy Act of 2005 to authorize the Secretary to make loan guarantee commitments for the commercial application of new or significantly improved technologies for specified projects.
Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to: (1) instruct the Director of the Office of Science and Technology Policy to coordinate federal materials research and development through the National Science and Technology Council (instead of, as currently required, the Federal Coordinating Council for Science, Engineering, and Technology, which is now defunct); (2) modify the duties of the Secretary of Commerce regarding critical needs assessment; and (3) repeal specified reporting and other duties of the Secretaries of Defense and of the Interior.
Repeals the National Critical Materials Act of 1984. | To develop a rare earth materials program, to amend the National Materials and Minerals Policy, Research and Development Act of 1980, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Church Plan Clarification Act of
2008''.
SEC. 2. APPLICATION OF CONTROLLED GROUP RULES TO CHURCH PLANS.
(a) In General.--Section 414(c) of the Internal Revenue Code of
1986 (relating to employees of partnerships, proprietorships, etc.,
which are under common control) is amended--
(1) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes'', and
(2) by adding at the end the following new paragraph:
``(2) Church plans.--For purposes of this subsection, in
determining whether an employer who is otherwise eligible to
participate in a church plan is treated as a member of a group
of entities under common control, such employer (including an
organization described in subsection (e)(3)(A)) shall not be
treated as under common control with another entity if, based
on all of the facts and circumstances, the day-to-day financial
and operational activities are not under common control. In
determining if such activities are under common control, the
Secretary shall consider whether the entities have been
historically viewed as distinct entities within the church or
convention or association of churches.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning before, on, or after the date of the
enactment of this Act.
SEC. 3. APPLICATION OF CONTRIBUTION AND FUNDING LIMITATIONS TO 403(B)
GRANDFATHERED DEFINED BENEFIT PLANS.
(a) In General.--Section 251(e)(5) of the Tax Equity and Fiscal
Responsibility Act of 1982 (relating to special rule for existing
defined benefit arrangements), Public Law 97-248, is amended--
(1) by striking ``403(b)(2)'' and inserting ``403(b)'', and
(2) by inserting before the period at the end the
following: ``, and shall be subject to the applicable
limitations of section 415(b) of such Code as if it were a
defined benefit plan under section 401(a) of such Code and not
the limitations of section 415(c) of such Code (relating to
limitation for defined contribution plans).''.
(b) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the Tax Equity and Fiscal
Responsibility Act of 1982.
SEC. 4. ALLOW CERTAIN PLAN TRANSFERS AND MERGERS.
(a) In General.--Section 414 of the Internal Revenue Code of 1986
(relating to definitions and special rules) is amended by adding at the
end the following new subsection:
``(y) Certain Plan Transfers and Mergers.--
``(1) In general.--Under rules prescribed by the Secretary,
except as provided in paragraph (2), no amount shall be
includible in gross income by reason of--
``(A) a transfer of all or a portion of the account
balance of a participant or beneficiary, whether or not
vested, from a plan described in section 401(a), or a
retirement income account described in section
403(b)(9), which is a church plan described in section
414(e) to a retirement income account described in
section 403(b)(9), if such plan and account are both
maintained by the same church or convention or
association of churches;
``(B) a transfer of all or a portion of the account
balance of a participant or beneficiary, whether or not
vested, from a retirement income account described in
section 403(b)(9) to a plan described in section
401(a), or a retirement income account described in
section 403(b)(9), which is a church plan described in
section 414(e), if such plan and account are both
maintained by the same church or convention or
association of churches, or
``(C) a merger of a plan described in section
401(a), or a retirement income account described in
section 403(b)(9), which is a church plan described in
section 414(e) with a retirement income account
described in section 403(b)(9), if such plan and
account are both maintained by the same church or
convention or association of churches.
``(2) Limitation.--Paragraph (1) shall not apply to a
transfer or merger unless the participant's or beneficiary's
benefit immediately after the transfer or merger is equal to or
greater than the participant's or beneficiary's benefit
immediately before the transfer or merger.
``(3) Qualification.--A plan or account shall not fail to
be considered to be described in sections 401(a) or 403(b)(9)
merely because such plan or account engages in a transfer or
merger described in this subsection.
``(4) Definition of church.--For purposes of this
subsection, the term `church' includes an organization
described in subparagraph (A) or (B)(ii) of subsection
(e)(3).''.
(b) Effective Date.--The amendment made by this section shall apply
to transfers or mergers occurring after the date of the enactment of
this Act.
SEC. 5. INVESTMENTS BY CHURCH PLANS IN COLLECTIVE TRUSTS.
(a) In General.--In the case of--
(1) a church plan (as defined in section 414(e) of the
Internal Revenue Code 1986), including a plan described in
section 401(a) of such Code and a retirement income account
described in section 403(b)(9) of such Code, and
(2) an organization described in section 414(e)(3)(A) of
such Code the principal purpose or function of which is the
administration of such a plan or account,
the assets of such plan, account, or organization (including any assets
otherwise permitted to be commingled for investment purposes with the
assets of such a plan, account, or organization) may be invested in a
group trust otherwise described in Internal Revenue Service Revenue
Ruling 81-100 ( as modified by Internal Revenue Service Revenue Ruling
2004-67), or any subsequent revenue ruling that supersedes or modifies
such revenue ruling, without adversely affecting the tax status of the
group trust, such plan, account, or organization, or any other plan or
trust that invests in the group trust.
(b) Effective Date.--This section shall apply to investments made
after the date of the enactment of this Act. | Church Plan Clarification Act of 2008 - Amends Internal Revenue Code pension plan provisions to: (1) apply a special rule for determining the status of an employer participating in a church plan as a member of a controlled group of entities; and (2) allow certain tax-free transfers to and mergers of church plans that are maintained by the same church or association of churches.
Amends the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) to apply limitations on benefits and contributions under qualified employee plans to certain church defined benefit plans.
Allows church plans and their supporting organizations to invest plan assets in a group trust (as defined by Internal Revenue Service Revenue Rulings). | A bill to amend the Internal Revenue Code of 1986 to clarify the treatment of church pension plans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bleeding Disorder Screening,
Awareness, and Further Education (SAFE) Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Millions of men and women in the United States may have
an inherited bleeding disorder and not know it.
(2) The most common bleeding disorder, Von Willebrand
Disease (VWD), affects up to one in fifty Americans, occurring
equally amongst men and women.
(3) Most of those affected by Von Willebrand Disease remain
undiagnosed.
(4) The current combination of laboratory tests, clinical
observations, and family history to diagnose blood disorders
like Von Willebrand Disease is antiquated and unreliable.
(5) During adolescence, men and women may become aware of
some of the symptoms of bleeding disorders.
(6) Many Americans with bleeding disorders learn to live
with the chronic health risks which their bleeding causes, and
do not realize that they may have a bleeding disorder.
(7) It is believed that many of the 30,000 women who have
hysterectomies performed each year to treat severe bleeding may
actually have a bleeding disorder, and that these women could
avoid those unnecessary hysterectomies if properly diagnosed.
(8) Improved diagnosis of bleeding disorders, through
expanded screening of adolescents, improved physician
awareness, and additional research, could improve the quality
of life for millions of Americans.
SEC. 3. ADOLESCENT SCREENING PROGRAMS.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary''), directly or through the
award of grants or contracts to States, political subdivisions of
States or Indian tribes, or other public or nonprofit private entities,
shall carry out the following activities:
(1) Development of a new, or identification of an existing,
screening questionnaire that is evidence-based and in
accordance with clinical guidelines for use in the diagnosis of
bleeding disorders in adolescents and young adults.
(2) As widely as possible in adolescent populations--
(A) dissemination and implementation of the
screening questionnaire developed or identified under
paragraph (1) and other screening tools relevant to the
diagnosis of bleeding disorders in adolescents;
(B) if screening suggests the possibility of a
bleeding disorder, ensuring the referral for further
laboratory-based diagnostic testing; and
(C) if laboratory testing confirms diagnosis of a
bleeding disorder, ensuring the referral for medical
management.
(b) Priority.--In awarding any grant or contract under subsection
(a), the Secretary shall give priority to applicants proposing to
provide screening to high school or institution of higher education
students.
(c) Technical Assistance.--The Secretary, directly or through
grants or contracts, may provide recipients of grants or contracts
under subsection (a) with technical assistance regarding the planning,
development, and implementation of activities under such subsection.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2011 through 2015.
SEC. 4. INCREASING AWARENESS AMONG HEALTH PROFESSIONALS.
(a) In General.--The Secretary, directly or through the award of
grants or contracts to States, political subdivisions of States or
Indian tribes, or other public or nonprofit private entities, shall
conduct an education campaign to increase awareness about bleeding
disorders among health professionals.
(b) Priority.--In awarding any grant or contract under section (a),
the Secretary shall give priority to applicants proposing to increase
awareness about bleeding disorders among--
(1) health professionals who commonly provide medical care
for the adolescent population, such as primary care physicians,
school nurses, physical fitness education teachers in secondary
schools, and health professionals providing services to
students through an institution of higher education's health
center; or
(2) obstetricians and gynecologists.
(c) Technical Assistance.--The Secretary, directly or through the
award of grants or contracts, may provide recipients of grants or
contracts under subsection (a) with technical assistance regarding the
planning, development, and implementation of activities under such
subsection.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2011 through 2015.
SEC. 5. RESEARCH AND SURVEILLANCE.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall award grants or
contracts to public or nonprofit private entities to--
(1) augment existing research efforts to evaluate, improve,
and standardize methods for diagnosing bleeding disorders; and
(2) expand ongoing efforts to--
(A) determine the prevalence of bleeding disorders
in the general population, including prevalence of
bleeding disorders among adolescent women;
(B) identify symptoms, risk factors, and co-
morbidities associated with bleeding disorders; and
(C) implement female-specific surveillance systems
and conduct related research projects to improve
bleeding symptoms and quality of life among adolescent
and adult women with bleeding disorders.
(b) Technical Assistance.--The Secretary, directly or through the
award of grants or contracts, may provide recipients of grants or
contracts under subsection (a) with technical assistance regarding the
planning, development, and implementation of activities under such
subsection.
(c) Authorization of Appropriations.--To carry out this section
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2011 through 2015.
SEC. 6. REPORT.
(a) In General.--Not later than 5 years after the date of the
enactment of this Act, the Secretary shall submit to the Congress a
report on the results of activities under this Act.
(b) Contents.--At a minimum, the report under subsection (a)
shall--
(1) catalog, with respect to bleeding disorder screening,
health professional education, and surveillance--
(A) the activities of the Federal Government,
including an assessment of the progress achieved under
this Act;
(B) the portion of students in United States high
schools and institutions of higher education who have
received some form of screening for bleeding disorders
as a result of programs under this Act;
(C) the number of health professionals who have
received some form of bleeding disorder education as a
result of programs under this Act; and
(D) the prevalence and incidence of bleeding
disorders among the general population and among women;
and
(2) make recommendations for the future direction of
bleeding disorder activities, including--
(A) a description of how the Federal Government, as
well as recipients of grants and contracts under this
Act, may improve their screening and education programs
to increase bleeding disorder diagnostic rates,
including the identification of steps that may be taken
to reduce--
(i) the prevalence of undiagnosed bleeding
disorders; and
(ii) the burden of bleeding disorders as a
chronic condition;
(B) an identification of organizations that have
most effectively and efficiently increased bleeding
disorder screening rates;
(C) an identification of programs and procedures
that have most effectively and efficiently increased
bleeding disorder screening rates, and steps that may
be taken to expand such programs and policies to
benefit larger populations;
(D) a description of the services provided by
hemophilia treatment centers, including information
regarding any increase in utilization of such centers
and any subsequent increase in resources necessary to
ensure sufficient treatment for all those utilizing
such centers; and
(E) recommendations for future research and
interventions.
SEC. 7. DEFINITION.
In this Act, the term ``State'' includes the District of Columbia
and any commonwealth, territory, or possession of the United States. | Bleeding Disorder Screening, Awareness, and Further Education (SAFE) Act of 2010 - Requires the Secretary of Health and Human Services (HHS) to carry out the following activities: (1) development of a new, or identification of an existing, screening questionnaire that is evidence-based and in accordance with clinical guidelines for use in the diagnosis of bleeding disorders in adolescents and young adults; and (2) as widely as possible in adolescent populations, dissemination and implementation of the screening questionnaire and other screening tools relevant to the diagnosis of bleeding disorders, ensuring referrals as specified. Directs the Secretary to give priority to grant or contract applicants proposing to provide screening to high school or higher education students.
Requires the Secretary to conduct an education campaign to increase awareness about bleeding disorders among health professionals.
Directs the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants or contracts to public or nonprofit private entities to: (1) augment existing research efforts to evaluate, improve, and standardize methods for diagnosing bleeding disorders; and (2) expand ongoing efforts to determine the prevalence of bleeding disorders in the general population, identify symptoms, risk factors, and co-morbidities associated with bleeding disorders, and implement female-specific surveillance systems and conduct related research to improve bleeding symptoms and quality of life among adolescent and adult women with bleeding disorders.
Authorizes the Secretary to provide technical assistance. Directs the Secretary to report to Congress on the results of activities under this Act. | To authorize the Secretary of Health and Human Services to conduct programs to screen adolescents, and educate health professionals, with respect to bleeding disorders. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death in Custody Reporting Act of
2008''.
SEC. 2. STATE INFORMATION REGARDING INDIVIDUALS WHO DIE IN THE CUSTODY
OF LAW ENFORCEMENT.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (c)(1) in which a State receives funds
for a program referred to in subsection (c)(2), the State shall report
to the Attorney General, on a quarterly basis and pursuant to
guidelines established by the Attorney General, information regarding
the death of any person who is detained, under arrest, or is in the
process of being arrested, is en route to be incarcerated, or is
incarcerated at a municipal or county jail, State prison, State-run
boot camp prison, boot camp prison that is contracted out by the State,
any State or local contract facility, or other local or State
correctional facility (including any juvenile facility).
(b) Information Required.--The report required by this section
shall contain information that, at a minimum, includes--
(1) the name, gender, race, ethnicity, and age of the
deceased;
(2) the date, time, and location of death;
(3) the law enforcement agency that detained, arrested, or
was in the process of arresting the deceased; and
(4) a brief description of the circumstances surrounding
the death.
(c) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than
120 days from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional
120 days to a State that is making good faith efforts
to comply with such subsection; and
(B) the Attorney General shall waive the
requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional under
the constitution of such State.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State
that fails to comply with subsection (a), shall, at the
discretion of the Attorney General, be subject to not more than
a 10 percent reduction of the funds that would otherwise be
allocated for that fiscal year to the State under subpart 1 of
part E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as
the Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs, the Local Government Law Enforcement Block
Grants Program, the Edward Byrne Memorial Justice Assistance
Grant Program, or otherwise.
(d) Reallocation.--Amounts not allocated under a program referred
to in subsection (c)(2) to a State for failure to fully comply with
subsection (a) shall be reallocated under that program to States that
have not failed to comply with such subsection.
(e) Definitions.--In this section the terms ``boot camp prison''
and ``State'' have the meaning given those terms, respectively, in
section 901(a) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3791(a)).
(f) Study of Information Relating to Deaths in Custody.--
(1) Study required.--The Attorney General shall carry out a
study of the information reported under subsection (b) and
section 102(b) to--
(A) determine means by which such information can
be used to reduce the number of such deaths; and
(B) examine the relationship, if any, between the
number of such deaths and the actions of management of
such jails, prisons, and other specified facilities
relating to such deaths.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall prepare and
submit to Congress a report that contains the findings of the
study required by paragraph (1).
SEC. 3. FEDERAL REPORTING REQUIREMENT.
(a) In General.--For each fiscal year, the Attorney General shall
collect information regarding the death of any person who is detained,
under arrest, or is in the process of being arrested by Federal
authorities, is en route to be incarcerated or detained, or is
incarcerated or detained at any facility pursuant to a contract with
the federal government (including any immigration or juvenile
facility), any State or local government facility used by a Federal
agency, and any Federal correctional facility or Federal pre-trial
detention facility.
(b) Information Required.--The report required by this section
shall include, at a minimum, the information required by section 2(b).
(c) Study.--Information gathered pursuant to subsection (a) shall
be analyzed and included in the study required by section 2(f). | Death in Custody Reporting Act of 2008 - Requires states that receive certain criminal justice assistance grants to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is detained, under arrest, en route to incarceration, or incarcerated in state or local facilities or a boot camp prison. Imposes penalties on states that fail to comply with such reporting requirements.
Requires the Attorney General to: (1) study the information obtained from states relating to deaths in custody; and (2) collect information regarding the death of any person in custody for each fiscal year. | To encourage States to report to the Attorney General certain information regarding the deaths of individuals in the custody of law enforcement agencies, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Adjustment Act of 2001''.
SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES
OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
110 Stat 3009-672; 8 U.S.C. 1623) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
SEC. 3. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENT STUDENTS.
(a) In General.--Section 240A of the Immigration and Nationality
Act (8 U.S.C. 1229b) is amended--
(1) in paragraph (3) of subsection (b)--
(A) by striking ``paragraph (1) or (2)'' and
inserting ``paragraph (1), (2), or (3)'' each place it
appears;
(B) by redesignating such paragraph as paragraph
(5); and
(C) by moving such paragraph to follow paragraph
(4);
(2) by inserting after paragraph (2) of subsection (b) the
following new paragraph:
``(3) Special rule for children in middle or secondary
school.--
``(A) Authority.--Subject to subparagraph (B), the
Attorney General shall cancel removal of, and adjust to
the status of an alien lawfully admitted for permanent
residence, an alien who is inadmissible or deportable
from the United States if the alien demonstrates that--
``(i) the alien has not, at the time of
application, attained the age of 21;
``(ii) the alien was physically present in
the United States on the date of the enactment
of the Student Adjustment Act of 2001 and has
been physically present in the United States
for a continuous period of not less than five
years immediately preceding the date of such
application;
``(iii) the alien has been a person of good
moral character during such period; and
``(iv) the alien, at the time of
application, is enrolled at or above the 7th
grade level in a school in the United States or
is enrolled in or actively pursuing admission
to an institution of higher education in the
United States as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
The Attorney General shall provide a procedure by
regulation allowing eligible individuals to apply
affirmatively for the relief available under this
paragraph without being placed in removal proceedings.
An alien shall not be considered to have failed to
maintain continuous physical presence in the United
States for purposes of clause (ii) by virtue of brief,
casual, and innocent absences from the United States.
``(B) Restrictions on authority.--The provisions of
this paragraph shall not apply to any of the following
aliens:
``(i) An alien who is inadmissible under
section 212(a)(2)(A)(i)(I) or is deportable
under section 237(a)(2)(A)(i) (relating to
crimes of moral turpitude), unless the Attorney
General determines that the alien's removal
would result in extreme hardship to the alien,
the alien's child, or (in the case of an alien
who is a child) to the alien's parent.
``(ii) An alien who is inadmissible under
section 212(a)(3) or is deportable under
section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii)
(relating to security and related grounds).'';
and
(3) in subsection (d)(1)(A), by inserting ``or (b)(3)''
after ``subsection (b)(2)''.
(b) Exemption From Numerical Limitations.--Section 240A(e)(3) of
such Act (8 U.S.C. 1229b(e)(3)) is amended by adding at the end the
following new subparagraph:
``(C) Aliens described in subsection (b)(3).''.
(c) Grandfather Provisions.--For purpose of applying section
240A(b)(3) of the Immigration and Nationality Act (as inserted by
subsection (a)) with respect to an application filed under such section
not later than 120 days after the effective date of regulations
implementing this section--
(1) an individual shall be considered to be under the age
of 21 if the individual's 21st birthday occurs after the date
of the enactment of this Act but no more than 120 days after
the effective date of such regulations; and
(2) an individual shall be treated as meeting the
requirements of clauses (i), (ii), and (iv) of subparagraph (A)
of such section if--
(A) the individual would have met such requirements
based upon an application filed at any time during the
4-year period ending on the date of the enactment of
this Act; and
(B) the individual has graduated from, or is at the
time of application enrolled in, an institution of
higher education in the United States (described in
clause (iv) of such subparagraph).
(d) Confidentiality of Information.--Neither the Attorney General,
nor any other official or employee of the Department of Justice, or
bureau or agency thereof, may--
(1) use the information furnished by the applicant pursuant
to an application filed under the amendments made by this
section for any purpose other than to make a determination on
the application;
(2) make any publication whereby the information furnished
by any particular individual can be identified; or
(3) permit anyone other than the sworn officers and
employees of the Department or bureau or agency or, with
respect to applications filed with a designated entity, that
designated entity, to examine individual applications.
Whoever knowingly uses, publishes, or permits information to be
examined in violation of this subsection shall be fined not more than
$10,000.
(e) Eligibility of Cancellation Applicants for Federal Educational
Assistance.--Section 431(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended--
(1) by striking ``; or'' at the end of paragraph (6) and
inserting a comma;
(2) by striking the period at the end of paragraph (7) and
inserting ``, or''; and
(3) by adding at the end the following new paragraph:
``(8) an alien who has been granted relief under section
240A(b)(3) of the Immigration and Nationality Act, or with
respect to whom an application under such section has been
filed but not finally been adjudicated.''.
(f) Regulations.--
(1) Proposed regulations.--Not later than 60 days after the
date of the enactment of this Act, the Attorney General shall
publish proposed regulations implementing this section.
(2) Interim, final regulations.--Not later than 120 days
after the date of the enactment of this Act, the Attorney
General shall publish final regulations implementing this
section. Such regulations shall be effective immediately on an
interim basis, but are subject to change and revision after
public notice and opportunity for a period for public comment. | Student Adjustment Act of 2001 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision prohibiting an unlawful alien's eligibility for higher education benefits based on State residence unless a U.S. national is similarly eligible without regard to such State residence. Amends the Immigration and Nationality Act to direct the Attorney General to cancel the removal of, and adjust to permanent resident status, certain (inadmissible or deportable) alien middle or secondary students with qualifying years of U.S. residency. Makes such aliens eligible for Federal and State higher education assistance during the pendency of their application for cancellation of removal. | To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine state residency for higher education purposes and to amend the Immigration and Nationality Act to cancel the removal and adjust the status of certain alien college-bound students who are long-term U.S. residents. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Labor Statistics Improvement Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established an independent commission to be known as the
``Commission to Improve Labor Statistics''.
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) examine and make an assessment of the process by which
the Bureau of Labor Statistics collects, processes, analyzes,
and disseminates statistical data relating to unemployment
rates, including--
(A) the methods used for determining that an
individual is or is not considered to be looking for
work, including what constitutes actively looking
versus passively looking or ``discouraged'' and how to
take into account the intensity with which individuals
are searching for a job; and
(B) the utility of the six measures used by the
Bureau for reporting labor underutilization;
(2) formulate recommendations for any improvement to such
process and methods, including proposals for any alternative
measures of labor force participation, taking into account
evidence that--
(A) the official unemployment rate doesn't always
accurately reflect labor market strength; and
(B) unemployment rates may vary over a business
cycle due to changes in labor force participation
rather than from factors affecting labor market
strength, including--
(i) the employment-to-population (EPOP)
ratio for prime-age individuals and the
existence of ``missing workers'' or potential
workers who, because of weak job opportunities,
are neither employed nor actively seeking a
job;
(ii) the voluntary quits rate; and
(iii) the rates of wage growth and
reservation wage of potential workers; and
(3) develop a new method or methods for determining and
reporting underemployment that takes into consideration
workers--
(A) who are not in jobs that match their skill set
or education; and
(B) who are earning less than other workers in
similar occupations or with similar skill sets and
education.
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) Appointment.--The Commission shall be composed of four members
appointed from among individuals with experience in the private sector,
academia, or the Federal civil service, each having expertise in
economic analysis, understanding labor markets, or statistical
analysis. Members shall be appointed as follows:
(1) Four members appointed by the President.
(2) Two members appointed by the President pro tempore of
the Senate.
(3) Two members appointed by the Speaker of the House of
Representatives.
(b) Deadline for Appointment.--Each member shall be appointed to
the Commission not later than 90 days after the date of enactment of
this Act.
(c) Terms and Vacancies.--Each member shall be appointed for the
life of the Commission. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(d) Basic Pay and Travel Expenses.--Members shall serve without
pay. Each 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.
(e) Quorum.--Six members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(f) Chairperson.--The Chairperson of the Commission shall be
elected by the members.
(g) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 5. STAFF OF COMMISSION.
(a) Staff.--The Chairperson may appoint and fix the pay of the
personnel of the Commission as the Chairperson considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The 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.
(c) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
Act.
SEC. 6. REPORT OF COMMISSION.
Not later than 180 days after the date on which all original
members have been appointed to the Commission, the Commission shall
transmit to the President and Congress a report that contains a
detailed statement of the findings and recommendations of the
Commission developed pursuant to section 3.
SEC. 7. TERMINATION OF COMMISSION.
(a) Termination.--The Commission shall terminate 90 days after the
date of submission of the report pursuant to section 7.
(b) Administrative Activities Before Termination.--The Commission
may use the 90-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating the
second report. | Labor Statistics Improvement Act Establishes an independent Commission to Improve Labor Statistics. Directs the Commission to: examine and assess the process by which the Bureau of Labor Statistics of the Department of Labor collects, processes, analyzes, and disseminates statistical data relating to unemployment rates, including the methods used for determining that an individual is considered to be looking for work; recommend any improvement to the process and methods, including proposals for any alternative measures of labor force participation, taking into account evidence that the official unemployment rate doesn't always accurately reflect labor market strength; and develop a new method for determining and reporting underemployment that takes into consideration workers who are not in jobs that match their skill sets or education and who are earning less than other workers in similar occupations or with similar skill sets and education. | Labor Statistics Improvement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Acadia National Park Boundary
Clarification Act''.
SEC. 2. ACADIA NATIONAL PARK BOUNDARY CLARIFICATION.
Section 101 of Public Law 99-420 (16 U.S.C. 341 note) is amended--
(1) in the first sentence, by striking ``In order to'' and
inserting the following:
``(a) Boundaries.--Subject to subsections (b) and (c)(2), to'';
(2) in the second sentence--
(A) by striking ``The map shall be on file'' and
inserting the following:
``(c) Availability and Revisions of Maps.--
``(1) Availability.--The map, together with the map
described in subsection (b)(1) and any revised boundary map
published under paragraph (2), if applicable, shall be--
``(A) on file''; and
(B) by striking ``Interior, and it shall be made''
and inserting the following: ``Interior; and
``(B) made'';
(3) by inserting after subsection (a) (as designated by
paragraph (1)) the following:
``(b) Schoodic Peninsula Addition.--
``(1) In general.--The boundary of the Park is confirmed to
include approximately 1,441 acres of land and interests in
land, as depicted on the map entitled `Acadia National Park,
Hancock County, Maine, Schoodic Peninsula Boundary Revision',
numbered 123/129102, and dated July 10, 2015.
``(2) Ratification and approval of acquisitions of land.--
Congress ratifies and approves--
``(A) effective as of September 26, 2013, the
acquisition by the United States of the land and
interests in the land described in paragraph (1); and
``(B) effective as of the date on which the
alteration occurred, any alteration of the land or
interests in the land described in paragraph (1) that
is held or claimed by the United States (including
conversion of the land to fee simple interest) that
occurred after the date described in subparagraph
(A).''; and
(4) in subsection (c) (as designated by paragraph (2)(A)),
by adding at the end the following:
``(2) Technical and limited revisions.--Subject to section
102(k), notwithstanding any other provision of this section,
the Secretary of the Interior (referred to in this title as the
`Secretary'), by publication in the Federal Register of a
revised boundary map or other description, may make--
``(A) such technical boundary revisions as the
Secretary determines to be appropriate to the permanent
boundaries of the Park (including any property of the
Park located within the Schoodic Peninsula and Isle Au
Haut districts) to resolve issues resulting from causes
such as survey error or changed road alignments; and
``(B) such limited boundary revisions as the
Secretary determines to be appropriate to the permanent
boundaries of the Park to take into account
acquisitions or losses, by exchange, donation, or
purchase from willing sellers using donated or
appropriated funds, of land adjacent to or within the
Park, respectively, in any case in which the total
acreage of the land to be so acquired or lost is less
than 10 acres, subject to the condition that--
``(i) any such boundary revision shall not
be a part of a more-comprehensive boundary
revision; and
``(ii) all such boundary revisions,
considered collectively with any technical
boundary revisions made pursuant to
subparagraph (A), do not increase the size of
the Park by more than a total of 100 acres, as
compared to the size of the Park on the date of
enactment of this paragraph.''.
SEC. 3. LIMITATION ON ACQUISITIONS OF LAND FOR ACADIA NATIONAL PARK.
Section 102 of Public Law 99-420 (16 U.S.C. 341 note) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``of the Interior (hereinafter in this title
referred to as `the Secretary')'';
(2) in subsection (d)(1), in the first sentence, by
striking ``the the'' and inserting ``the'';
(3) in subsection (k)--
(A) by redesignating the subsection as paragraph
(4) and indenting the paragraph appropriately; and
(B) by moving the paragraph so as to appear at the
end of subsection (b); and
(4) by adding at the end the following:
``(k) Requirements.--Before revising the boundaries of the Park
pursuant to this section or section 101(c)(2)(B), the Secretary shall--
``(1) certify that the proposed boundary revision will
contribute to, and is necessary for, the proper preservation,
protection, interpretation, or management of the Park;
``(2) consult with the governing body of each county, city,
town, or other jurisdiction with primary taxing authority over
the land or interest in land to be acquired regarding the
impacts of the proposed boundary revision;
``(3) obtain from each property owner the land or interest
in land of which is proposed to be acquired for, or lost from,
the Park written consent for the proposed boundary revision;
and
``(4) submit to the Acadia National Park Advisory
Commission established by section 103(a), the Committee on
Natural Resources of the House of Representatives, the
Committee on Energy and Natural Resources of the Senate, and
the Maine Congressional Delegation a written notice of the
proposed boundary revision.
``(l) Limitation.--The Secretary may not use the authority provided
by section 100506 of title 54, United States Code, to adjust the
permanent boundaries of the Park pursuant to this title.''.
SEC. 4. ACADIA NATIONAL PARK ADVISORY COMMISSION.
(a) In General.--The Secretary shall reestablish and appoint
members to the Acadia National Park Advisory Commission in accordance
with section 103 of Public Law 99-420 (16 U.S.C. 341 note).
(b) Conforming Amendment.--Section 103 of Public Law 99-420 (16
U.S.C. 341 note) is amended by striking subsection (f).
SEC. 5. REPEAL OF CERTAIN PROVISIONS RELATING TO ACADIA NATIONAL PARK.
The following are repealed:
(1) Section 3 of the Act of February 26, 1919 (40 Stat.
1178, chapter 45).
(2) The first section of the Act of January 19, 1929 (45
Stat. 1083, chapter 77).
SEC. 6. MODIFICATION OF USE RESTRICTION.
The Act of August 1, 1950 (64 Stat. 383, chapter 511), is amended--
(1) by striking ``That the Secretary'' and inserting the
following:
``SEC. 1. CONVEYANCE OF LAND IN ACADIA NATIONAL PARK.
``The Secretary''; and
(2) by striking ``for school purposes'' and inserting ``for
public purposes, subject to the conditions that use of the land
shall not degrade or adversely impact the resources or values
of Acadia National Park and that the land shall remain in
public ownership for recreational, educational, or similar
public purposes''.
SEC. 7. CONTINUATION OF CERTAIN TRADITIONAL USES.
Title I of Public Law 99-420 (16 U.S.C. 341 note) is amended by
adding at the end the following:
``SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES.
``In accordance with this section, the Secretary shall allow for
the traditional, non-motorized harvesting of marine worms, clams, other
shellfish, and other marine species (as defined in chapter 601 of title
12 of the Maine Revised Statutes (as in effect on the date of enactment
of this section)), in accordance with the laws (including regulations
and applicable judicial interpretations) of the State of Maine--
``(1) within the boundaries of the Park; and
``(2) on any land located outside of the boundaries of the
Park with respect to which the Secretary has or obtains a
property interest of any type pursuant to this title.''.
SEC. 8. CONVEYANCE OF CERTAIN LAND IN ACADIA NATIONAL PARK TO THE TOWN
OF BAR HARBOR, MAINE.
(a) In General.--The Secretary shall convey to the Town of Bar
Harbor all right, title, and interest of the United States in and to
the .29-acre parcel of land in Acadia National Park identified as lot
110-055-000 on the tax map of the Town of Bar Harbor for section 110,
dated April 1, 2015, to be used for a solid waste transfer facility.
(b) Reversion.--If the land conveyed under subsection (a) is used
for a purpose other than the purpose described in that subsection, the
land shall, at the discretion of the Secretary, revert to the United
States.
Passed the House of Representatives March 13, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Acadia National Park Boundary Clarification Act This bill confirms that the boundary of Acadia National Park in Maine includes approximately 1,441 acres of land and interests in the Schoodic Peninsula. The bill ratifies and approves: the acquisition by the United States of such land and interests, effective as of September 26, 2013; and any alteration of such land or interests held or claimed by the United State that occurred after such date. The Department of the Interior may make technical boundary and limited boundary revisions, as appropriate, to the permanent boundaries of the park (including any park property located within the peninsula and Isle Au Haut districts) to resolve issues resulting from causes such as survey error or changed road alignments or to take into account acquisitions or losses of land adjacent to or within the park in any case in which the total acreage of the land to be so acquired or lost is less than 10 acres, subject to specified conditions. Interior shall contribute a specified amount to a regional consortium composed of units of local government on or in the vicinity of Mount Desert Island that was established to improve the management of the disposal and recycling of solid waste. Interior shall reestablish and appoint members to the Acadia National Park Advisory Commission. Certain land in the park that was conveyed by Interior to the town of Tremont, Maine, shall no longer be used exclusively for school purposes, but for public purposes, subject to the conditions that: (1) use of such land shall not degrade or adversely impact the park's resources or values; and (2) such land shall remain in public ownership for recreational, educational, or similar public purposes. Interior shall allow for the traditional harvesting of the marine worms, clams, and other shellfish, and other marine species in accordance with the laws of the state of Maine: (1) within the park's boundaries, and (2) on any land outside of the park in which Interior has or obtains a property interest. Interior shall convey to the town of Bar Harbor a specified parcel of land within the park to be used for a solid waste transfer facility. | Acadia National Park Boundary Clarification Act |
SECTION 1. FLEXIBILITY INCENTIVE GRANT PILOT PROGRAM.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5339. Flexibility Incentive Grant Pilot Program
``(a) Purpose.--The purpose of this section is to provide
incentives to encourage States to establish new sources of revenue for
transit projects and services and to reward States for creating more
flexibility in the use of their existing transportation funds.
``(b) Establishment of Program.--The Secretary of Transportation
shall establish a flexibility incentive grant pilot program in
accordance with this section.
``(c) Selection Process and Criteria.--Not later than 90 days after
the date of enactment of this section, the Secretary shall establish a
process and criteria for selecting States to participate in the pilot
program. Any State may apply under the process to participate in the
pilot program.
``(d) Selection of Participating States.--The Secretary shall
select States to participate in the pilot program under the selection
process, and based on the selection criteria, established by the
Secretary.
``(e) Determinations by the Secretary.--Not later than September 1
of each of calendar years 2004 through 2009, the Secretary shall
determine which of the States selected to participate in the pilot
program increased the aggregate amount of State funds (excluding funds
from Federal sources) that the State expended on transit projects and
services from the State's second fiscal year preceding such September 1
to the State's first fiscal year preceding such September 1, the amount
of such increase, and the percentage of such increase over the State's
second preceding fiscal year.
``(f) Grants for Increased Transit Funding.--
``(1) States with an increase of 10 percent or more.--
Subject to paragraph (2) and subsection (h)--
``(A) the Secretary shall make a grant for each of
fiscal years 2006 through 2010 to each State selected
to participate in the pilot program whose percentage
increase in expenditures for transit projects and
services over the preceding fiscal year of the State
was 10 percent or more, as determined by the Secretary
under subsection (e); and
``(B) the amount of the grant shall be equal to the
increase in the aggregate amount of State funds
(excluding funds from Federal sources) that the State
expended on transit projects and services from the
second preceding fiscal year of the State to the first
preceding fiscal year of the State, as determined by
the Secretary under subsection (e); except that
the amount of the grant may not exceed $5,000,000.
``(2) Large states with an increase of 1 percent or more.--
Subject to subsection (h), for each of fiscal years 2006
through 2010, the Secretary shall make a grant of $10,000,000
to each State selected to participate in the pilot program
whose percentage increase in expenditures for transit projects
and services over the preceding fiscal year of the State was 1
percent or more, and whose aggregate expenditures for such
projects and services in the State's preceding fiscal year was
more than $1,000,000,000, as determined by the Secretary under
subsection (e).
``(g) States Creating Flexible Transportation Funds.--
``(1) New dedicated source of revenue.--
``(A) In general.--Subject to subsection (h), for
each of fiscal years 2004 through 2010, the Secretary
shall make a grant of $10,000,000 to each State that
implemented in the first preceding fiscal year of the
State a dedicated source of revenue for carrying out
only transit projects and services that the Secretary--
``(i) determines was not in effect in the
second preceding fiscal year of the State; and
``(ii) projects will result in an increase
of 10 percent in State funds available for
expenditure on such projects and services
within 2 years after the date of such
implementation.
``(B) Dedicated source of revenues defined.--For
purposes of this paragraph, the term `dedicated source
of revenue' may include the dedication of a State motor
fuels tax or sales tax, interest on existing highway
funds, motor vehicle excise tax, tolls, loans to be
made out of highway funds, and such other sources of
revenue as the Secretary determines.
``(2) Unrestricted use of highway funds.--Subject to
subsection (h), for each of fiscal years 2004 through 2010, the
Secretary shall make a grant of $10,000,000 to each State that
in the preceding fiscal year of the State amended State law or
the State constitution to allow funds that were restricted for
highway purposes only to be used for transit projects and
services as well as highway purposes.
``(h) Limitation for States Eligibility for Multiple Grants.--If
the Secretary determines that a State is eligible for a grant under
more than one of subsections (f)(1), (f)(2), (g)(1), and (g)(2) for a
fiscal year, the Secretary may only make the grant to the State that is
for the greatest amount the State is eligible for under such
subsections.
``(i) Use of Grants.--A State may obligate funds granted to it
under this section for any project or activity eligible for assistance
under title 23 or chapter 53.
``(j) Grant Requirements.--Except as otherwise provided in this
section--
``(1) a grant under this section being used for a transit
project or activity shall be subject to all of the terms and
conditions to which a grant made under section 5307 is subject;
and
``(2) a grant under this section being used for a highway
project or activity shall be subject to all of the terms and
conditions that would be applicable to such project or activity
if such project or activity were being carried out under title
23, United States Code.
``(k) Federal Share.--The Federal share of the cost of a project or
activity funded under this section shall be 100 percent.
``(l) Authorizations of Appropriations.--There are authorized to be
appropriated to carry out this section for each of fiscal years 2004
through 2010 $80,000,000. Such sums shall remain available until
expended.
``(m) Program Evaluation.--Not later than 5 years after the date of
enactment of this section, the Secretary shall--
``(1) conduct a study to evaluate the pilot program
authorized by this section; and
``(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing and Urban Affairs of the Senate a
report describing the results of the study.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``5539. Flexibility incentive grant pilot program.''. | Directs the Secretary of Transportation to establish a flexibility incentive grant pilot program to encourage States to establish new sources of revenue for transit projects and services. Directs the Secretary to make grants to States that: (1) increase their expenditures for transit projects and other services; or (2) dedicate State revenues specifically for transit projects and services. | To amend title 49, United States Code, to provide for the establishment of a flexibility incentive grant program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian and Alaska Native Foster Care
and Adoption Services Amendments of 2001''.
SEC. 2. AUTHORITY OF INDIAN TRIBES TO RECEIVE FEDERAL FUNDS FOR FOSTER
CARE AND ADOPTION ASSISTANCE.
(a) Children Placed in Tribal Custody Eligible for Foster Care
Funding.--Section 472(a)(2) of the Social Security Act (42 U.S.C.
672(a)(2)) is amended--
(1) by striking ``or (B)'' and inserting ``(B)''; and
(2) by inserting before the semicolon the following: ``, or
(C) an Indian tribe (as defined in section 479B(e)) or an
intertribal consortium if the Indian tribe or consortium is not
operating a program pursuant to section 479B and (i) has a
cooperative agreement with a State pursuant to section 479B(c)
or (ii) submits to the Secretary a description of the
arrangements (jointly developed or developed in consultation
with the State) made by the Indian tribe or consortium for the
payment of funds and the provision of the child welfare
services and protections required by this title''.
(b) Programs Operated by Indian Tribal Organizations.--Part E of
title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended
by adding at the end the following:
``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.
``(a) Application.--Except as provided in subsection (b), this part
shall apply to an Indian tribe that elects to operate a program under
this part in the same manner as this part applies to a State.
``(b) Modification of Plan Requirements.--
``(1) In general.--In the case of an Indian tribe
submitting a plan for approval under section 471, the plan
shall--
``(A) in lieu of the requirement of section
471(a)(3), identify the service area or areas and
population to be served by the Indian tribe; and
``(B) in lieu of the requirement of section
471(a)(10), provide for the approval of foster homes
pursuant to tribal standards and in a manner that
ensures the safety of, and accountability for, children
placed in foster care.
``(2) Determination of federal share.--
``(A) Per capita income.--
``(i) In general.--For purposes of
determining the Federal medical assistance
percentage applicable to an Indian tribe under
paragraphs (1) and (2) of section 474(a), the
calculation of an Indian tribe's per capita
income shall be based upon the service
population of the Indian tribe as defined in
its plan in accordance with paragraph (1)(A).
``(ii) Consideration of other
information.--An Indian tribe may submit to the
Secretary such information as the Indian tribe
considers relevant to the calculation of the
per capita income of the Indian tribe, and the
Secretary shall consider such information
before making the calculation.
``(B) Administrative expenditures.--The Secretary
shall, by regulation, determine the proportions to be
paid to Indian tribes pursuant to section 474(a)(3),
except that in no case shall an Indian tribe receive a
lesser proportion than the corresponding amount
specified for a State in that section.
``(C) Sources of non-federal share.--An Indian
tribe may use Federal or State funds to match payments
for which the Indian tribe is eligible under section
474.
``(3) Modification of other requirements.--Upon the request
of an Indian tribe or tribes, the Secretary may modify any
requirement under this part if, after consulting with the
Indian tribe or tribes, the Secretary determines that
modification of the requirement would advance the best
interests and the safety of children served by the Indian tribe
or tribes.
``(4) Consortium.--The participating Indian tribes of an
intertribal consortium may develop and submit a single plan
under section 471 that meets the requirements of this section.
``(c) Cooperative Agreements.--An Indian tribe or intertribal
consortium and a State may enter into a cooperative agreement for the
administration or payment of funds pursuant to this part. In any case
where an Indian tribe or intertribal consortium and a State enter into
a cooperative agreement that incorporates any of the provisions of this
section, those provisions shall be valid and enforceable. Any such
cooperative agreement that is in effect as of the date of enactment of
this section, shall remain in full force and effect subject to the
right of either party to the agreement to revoke or modify the
agreement pursuant to the terms of the agreement.
``(d) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall, in full consultation
with Indian tribes and tribal organizations, promulgate regulations to
carry out this section.
``(e) Definitions of Indian Tribe; Tribal Organizations.--In this
section, the terms `Indian tribe' and `tribal organization' have the
meanings given those terms in subsections (e) and (l) of section 4 of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b), respectively.''.
(c) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act without regard to
regulations to implement such amendments being promulgated by such
date. | Indian and Alaska Native Foster Care and Adoption Services Amendments of 2001 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to provide for Federal foster care maintenance payments to qualifying Indian tribal plans designed for foster and adoptive care of an Indian child.Sets forth Federal assistance (including medical assistance) eligibility requirements for such programs operated by Indian tribal organizations. | A bill to amend part E of title IV of the Social Security Act to provide equitable access for foster care and adoption services for Indian children in tribal areas. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to Contact Lens Consumers
Act''.
SEC. 2. AVAILABILITY OF CONTACT LENS PRESCRIPTIONS TO PATIENTS.
(a) In General.--Upon completion of a contact lens fitting, a
prescriber--
(1) whether or not requested by the patient, shall provide
to the patient a copy of the contact lens prescription; and
(2) shall provide the contact lens prescription or verify
the contact lens prescription to any person designated to act
on behalf of the patient.
(b) Limitations.--A prescriber may not--
(1) require purchase of contact lenses from the prescriber
or from another person as a condition of providing a copy of a
prescription or verification of a prescription under subsection
(a); and
(2) require payment in addition to the examination fee as a
condition of providing a copy of a prescription or verification
of a prescription under subsection (a).
SEC. 3. EXPIRATION OF CONTACT LENS PRESCRIPTIONS.
A contact lens prescription shall expire--
(1) on the date specified by the law of the State involved,
if that date is one year or more after the date of completion
of the contact lens fitting;
(2) one year after the date of completion of the contact
lens fitting, if the law of the State involved has no specified
date or if such State law specifies a date that is less than
one year after the date of completion of the contact lens
fitting; or
(3) notwithstanding paragraphs (1) and (2), on the date
specified by the prescriber, if that date is based on the
medical judgment of the prescriber with respect to the ocular
health of the patient.
SEC. 4. CONTENT OF ADVERTISEMENTS AND OTHER REPRESENTATIONS.
Any person that engages in the manufacture, processing, assembly,
sale, offering for sale, or distribution of contact lenses may not
represent, by advertisement, sales presentation, or otherwise, that
contact lenses for which a prescription is required by law may be
obtained without a prescription.
SEC. 5. PROHIBITION OF CERTAIN WAIVERS.
A prescriber may not place on the prescription, or require the
patient to sign, or deliver to the patient a form or notice waiving or
disclaiming the liability or responsibility of the prescriber for the
accuracy of the eye examination or the accuracy of the contact lenses
dispensed by another seller.
SEC. 6. VIOLATIONS.
Any violation of this Act shall be treated as a violation of a rule
under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a)
regarding unfair or deceptive acts or practices.
SEC. 7. ACTIONS BY STATES.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by a violation of this Act, the State may
bring a civil action on behalf of the residents of the State in
a district court of the United States of appropriate
jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with this Act;
(C) obtain damage, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.-- Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Federal Trade
Commission--
(i) written notice of that action; and
(ii) a copy of the complaint for that
action.
(B) Exemption.--Subparagraph (A) shall not apply
with respect to the filing of an action by an attorney
general of a State under this subsection, if the
attorney general determines that it is not feasible to
provide the notice described in that subparagraph
before filing of the action. In such case, the attorney
general of a State shall provide notice and a copy of
the complaint to the Commission at the same time as the
attorney general files the action.
(b) Intervention.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in the
action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that
arises in that action; and
(B) to file a petition for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall be construed to prevent
an attorney general of a State from exercising the powers conferred on
the attorney general by the laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.--In any case in which an action is
instituted by or on behalf of the Commission for a violation of this
Act, no State may, during the pendency of that action, institute an
action under subsection (a) against any defendant named in the
complaint in that action.
(e) Venue.--Any action brought under subsection (a) may be brought
in the district court of the United States that meets applicable
requirements relating to venue under section 1391 of title 28, United
States Code.
(f) Service of Process.--In an action brought under subsection (a),
process may be served in any district in which the defendant--
(1) is an inhabitant; or
(2) may be found.
SEC. 8. STUDY AND REPORT.
(a) Study.--The Federal Trade Commission shall undertake a study to
examine the strength of competition in the sale of prescription contact
lenses. The study shall include an examination of the following issues:
(1) The States that have laws that require active or
passive verification for the sale of contact lenses.
(2) With respect to the States that require active
verification, the practices of prescribers in complying with
State law, the effect of noncompliance, and the harm to
competition and consumers that results from noncompliance.
(3) With respect to the States that require active
verification, the level of enforcement and any problems
relating to enforcement.
(4) The impact on competition of verification standards
adopted by retail sellers of prescription contact lenses.
(5) With respect to States that require passive
verification or have no applicable verification laws, the
possible effect of such laws or lack thereof on the ocular
health of patients. In addition, the effect of such laws or
lack thereof on compliance by sellers in confirming valid
contact lens prescriptions, including expiration dates. The
Commission shall consult the Food and Drug Administration on
this particular issue.
(6) The incidence, if any, of contact lens prescriptions
that specify brand name or custom labeled contact lenses, the
reasons for the incidence, and the effect on consumers and
competition.
(7) Any other issue that has an impact on competition in
the sale of prescription contact lenses.
(b) Report.--Not later than 9 months after the date of the
enactment of this Act, the Chairman of the Federal Trade Commission
shall submit to the Congress a report of the study required by
subsection (a).
SEC. 9. EFFECT ON OTHER LAW.
Except as provided in section 3, this Act does not affect any rule
or requirement administered by the Food and Drug Administration, any
State law that regulates the practice of medicine, persons authorized
to fit contact lenses, or the requirements of any contact lens
prescription.
SEC. 10. DEFINITIONS.
As used in this Act:
(1) Contact lens fitting.--The term ``contact lens
fitting'' means the process that begins after the initial eye
examination and ends when the prescriber is satisfied that a
successful fit has been achieved or, in the case of a renewal
prescription, ends when the prescriber determines that no
change in prescription is required, and such term may include--
(A) an examination to determine lens
specifications;
(B) except in the case of a renewal of a
prescription, an initial evaluation of the fit of the
lens on the eye; and
(C) medically necessary followup examinations.
(2) Prescriber.--The term ``prescriber'' means, with
respect to contact lens prescriptions, an ophthalmologist,
optometrist, or other person permitted under State law to issue
prescriptions for contact lenses in compliance with any
applicable requirements established by the Food and Drug
Administration.
(3) Contact Lens Prescription.--The term ``contact lens
prescription'' means a prescription, issued in accordance with
State and Federal law, that contains the specifications
necessary for a patient to obtain contact lenses and may
include such items as the following:
(A) The name of the patient.
(B) The date of the examination.
(C) The issue date and the expiration date of the
prescription.
(D) A clear notation contact lenses are suitable
for the patient.
(E) The parameters and instructions that are
necessary for manufacture and duplication of the
lenses.
(F) The name, postal address, telephone number, and
facsimile telephone number of the prescriber.
(G) The expiration date of the prescription.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of the enactment
of this Act. | Fairness to Contact Lens Consumers Act - Requires a "prescriber" (a person permitted under State law to issue prescriptions for contact lenses) to provide to the patient a copy of the patient's contact lens prescription free of charge.Declares that a contact lens prescription shall expire one year after the date of completion of the contact lens fitting if a State's law regarding contact lens prescriptions specifies an earlier date or if the State has no such specified date. Permits an exception for a patient's ocular health.Prohibits advertising that lenses for which a prescription is required may be obtained without a prescription. Prohibits a prescriber from issuing certain waivers.States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices.Permits a State to bring a civil action in a district court of the United States for violations of this Act. Requires the attorney general of a State bringing suit to notify the Federal Trade Commission, unless such notification is unfeasible. Allows the Commission to intervene in cases in which it is notified, whereby it shall have the rights: (1) to be heard on any matter; and (2) to file a petition for appeal. | To provide for availability of contact lens prescriptions to patients, and for other purposes. |
SECTION 1. ESTABLISHMENT OF 2 DISTRICTS IN NEW JERSEY.
(a) Establishment.--
(1) Creation.--Section 110 of title 28, United States Code,
is amended to read as follows:
``Sec. 110. New Jersey
``New Jersey is divided into 2 judicial districts to be known as
the Northern and Southern Districts of New Jersey.
``Northern District
``(a) The Northern District comprises the counties of Bergen,
Essex, Hudson, Middlesex, Morris, Passaic, Sussex, and Union.
``Court for the Northern District shall be held at Newark.
``Southern District
``(b) The Southern District comprises the counties of Atlantic,
Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon,
Mercer, Monmouth, Ocean, Salem, Somerset, and Warren.
``Court for the Southern District shall be held at Camden and
Trenton.''.
(2) Judgeships.--The item relating to New Jersey in the
table set forth in section 133(a) of title 28, United States
Code, is amended to read as follows:
``New Jersey:
``Northern............................................. 10
``Southern............................................. 7''.
(3) Bankruptcy judgeships.--The item relating to New Jersey
in the table set forth in section 152(a)(1) of title 28, United
States Code, is amended to read as follows:
``New Jersey:
``Northern............................................. 4
``Southern............................................. 4''.
(b) District Judges, Bankruptcy Judges, Magistrate Judges, United
States Attorney, United States Marshal, and Federal Public Defender.--
(1) Transfer of district judges.--(A) Any district judge of
the District Court of New Jersey who is holding office on the
day before the effective date of this Act and whose official
duty station is in Bergen, Essex, Hudson, Middlesex, Morris,
Passaic, Sussex, or Union County shall, on and after such
effective date, be a district judge for the Northern District
of New Jersey. Any district judge of the District Court of New
Jersey who is holding office on the day before the effective
date of this Act and whose official duty station is in
Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester,
Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, or Warren
County shall, on and after such effective date, be a district
judge of the Southern District of New Jersey.
(B) Whenever a vacancy occurs in a judgeship in either
judicial district of New Jersey, the vacancy shall first be
offered to those judges appointed before the enactment of this
Act and in active service in the other judicial district of New
Jersey at the time of the vacancy, and of those judges wishing
to fill the vacancy, the judge most senior in service shall
fill that vacancy. In such a case, the President shall appoint
a judge to fill the vacancy resulting in the district of New
Jersey from which such judge left office.
(2) Transfer of bankruptcy and magistrate judges.--Any
bankruptcy judge or magistrate judge of the District Court of
New Jersey who is holding office on the day before the
effective date of this Act and whose official duty station is
in Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sussex,
or Union County shall, on and after such effective date, be a
bankruptcy judge or magistrate judge, as the case may be, for
the Northern District of New Jersey. Any bankruptcy judge or
magistrate judge of the District Court of New Jersey who is
holding office on the day before the effective date of this Act
and whose official duty station is in Atlantic, Burlington,
Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer,
Monmouth, Ocean, Salem, Somerset, or Warren County shall, on
and after such effective date, be a bankruptcy judge or
magistrate judge, as the case may be, of the Southern District
of New Jersey.
(3) United states attorney, united states marshal, and
federal public defender.--
(A) Those in office.--This section and the
amendments made by this section shall not affect the
tenure of office of the United States attorney, the
United States marshal, and the Federal Public Defender,
for the District of New Jersey who are in office on the
effective date of this Act, except that such
individuals shall be the United States attorney, the
United States marshal, and the Federal Public Defender,
respectively, for the Northern District of New Jersey
as of such effective date.
(B) Appointments.--The President shall appoint, by
and with the advice and consent of the Senate, a United
States attorney and a United States marshal for the
Southern District of New Jersey. The Court of Appeals
for the Third Circuit shall appoint a Federal Public
Defender for the Southern District of New Jersey.
(4) Pending cases not affected.--This section and the
amendments made by this section shall not affect any action
commenced before the effective date of this Act and pending in
the United States District Court for the District of New Jersey
on such date.
(5) Juries not affected.--This section and the amendments
made by this section shall not affect the composition, or
preclude the service, of any grand or petit jury summoned,
empaneled, or actually serving in the Judicial District of New
Jersey on the effective date of this Act.
SEC. 2. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
take effect 180 days after the date of the enactment of this Act.
(b) Appointments.--Notwithstanding subsection (a)--
(1) the President may make the appointments under section
1(b)(3)(B), and
(2) the Court of Appeals for the Third Circuit may make the
appointment under section 1(b)(3)(B),
at any time after the date of the enactment of this Act.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act,
including such sums as may be necessary for facilities for the District
Court for the Southern District of New Jersey. | Amends the federal judicial code to establish two judicial districts in New Jersey (currently, one), the Northern and Southern Districts of New Jersey. Sets forth provisions regarding the allocation of judgeships, including bankruptcy judgeships, among those districts. Provides for the transfer of district judges, bankruptcy judges, and magistrate judges to the Northern and Southern Districts of New Jersey. Transfers U.S. attorneys, U.S. marshals, and federal public defenders for the District of New Jersey to the Northern District of New Jersey. Directs the President to appoint, by and with the advice of the Senate, a U.S. attorney and a U.S. marshal for the Southern District of New Jersey. Specifies that neither pending cases nor juries shall be affected. | To amend title 28, United States Code, to divide New Jersey in 2 judicial districts. |
TITLE I--SHORT TITLE; TABLE OF CONTENTS
SEC. 1000. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Retirement Savings
and Security Act''.
(b) Table of Contents.--
TITLE I--SHORT TITLE; TABLE OF CONTENTS
Sec. 1000. Short title; table of contents.
TITLE II--ADDITIONAL RETIREMENT PARTICIPATION AND PAYMENT OPTIONS FOR
FEDERAL EMPLOYEES
Sec. 2001. Immediate participation in the Thrift Savings Plan for
Federal employees.
Sec. 2002. Deferred annuities for surviving spouses of Federal
employees.
Sec. 2003. Payment of lump-sum credit for former spouses of Federal
employees.
TITLE II--ADDITIONAL RETIREMENT PARTICIPATION AND PAYMENT OPTIONS FOR
FEDERAL EMPLOYEES
SEC. 2001. IMMEDIATE PARTICIPATION IN THE THRIFT SAVINGS PLAN FOR
FEDERAL EMPLOYEES.
(a) Elimination of Certain Waiting Periods for Purposes of Employee
Contributions.--Paragraph (4) of section 8432(b) of title 5, United
States Code, is amended to read as follows:
``(4) The Executive Director shall prescribe such regulations as
may be necessary to carry out the following:
``(A) Notwithstanding subparagraph (A) of paragraph (2), an
employee or Member described in such subparagraph shall be
afforded a reasonable opportunity to first make an election
under this subsection beginning on the date of commencing
service or, if that is not administratively feasible, beginning
on the earliest date thereafter that such an election becomes
administratively feasible, as determined by the Executive
Director.
``(B) An employee or Member described in subparagraph (B)
of paragraph (2) shall be afforded a reasonable opportunity to
first make an election under this subsection (based on the
appointment or election described in such subparagraph)
beginning on the date of commencing service pursuant to such
appointment or election or, if that is not administratively
feasible, beginning on the earliest date thereafter that such
an election becomes administratively feasible, as determined by
the Executive Director.
``(C) Notwithstanding the preceding provisions of this
paragraph, contributions under paragraphs (1) and (2) of
subsection (c) shall not be payable with respect to any pay
period before the earliest pay period for which such
contributions would otherwise be allowable under this
subsection if this paragraph had not been enacted.
``(D) Sections 8351(a)(2), 8440a(a)(2), 8440b(a)(2),
8440c(a)(2), and 8440d(a)(2) shall be applied in a manner
consistent with the purposes of subparagraphs (A) and (B), to
the extent those subparagraphs can be applied with respect
thereto.
``(E) Nothing in this paragraph shall affect paragraph
(3).''.
(b) Technical and Conforming Amendments.--(1) Section 8432(a) of
title 5, United States Code, is amended--
(A) in the first sentence by striking ``(b)(1)'' and
inserting ``(b)''; and
(B) by amending the second sentence to read as follows:
``Contributions under this subsection pursuant to such an
election shall, with respect to each pay period for which such
election remains in effect, be made in accordance with a
program of regular contributions provided in regulations
prescribed by the Executive Director.''.
(2) Section 8432(b)(1)(B) of such title is amended by inserting
``(or any election allowable by virtue of paragraph (4))'' after
``subparagraph (A)''.
(3) Section 8432(b)(3) of such title is amended by striking
``Notwithstanding paragraph (2)(A), an'' and inserting ``An''.
(4) Section 8432(i)(1)(B)(ii) of such title is amended by striking
``either elected to terminate individual contributions to the Thrift
Savings Fund within 2 months before commencing military service or''.
(5) Section 8439(a)(1) of such title is amended by inserting ``who
makes contributions or'' after ``for each individual'' and by striking
``section 8432(c)(1)'' and inserting ``section 8432''.
(6) Section 8439(c)(2) of such title is amended by adding at the
end the following: ``Nothing in this paragraph shall be considered to
limit the dissemination of information only to the times required under
the preceding sentence.''.
(7) Sections 8440a(a)(2) and 8440d(a)(2) of such title are amended
by striking all after ``subject to'' and inserting ``subject to this
chapter.''.
(c) Effective Date.--This section shall take effect 6 months after
the date of the enactment of this Act or such earlier date as the
Executive Director may by regulation prescribe.
SEC. 2002. DEFERRED ANNUITIES FOR SURVIVING SPOUSES OF FEDERAL
EMPLOYEES.
(a) In General.--Section 8341 of title 5, United States Code, is
amended--
(1) in subsection (h)(1) by striking ``section 8338(b) of
this title'' and inserting ``section 8338(b), and a former
spouse of a deceased former employee who separated from the
service with title to a deferred annuity under section 8338 (if
they were married to one another prior to the date of
separation),''; and
(2) by adding at the end the following:
``(j)(1) If a former employee dies after having separated from the
service with title to a deferred annuity under section 8338 but before
having established a valid claim for annuity, and is survived by a
spouse to whom married on the date of separation, the surviving spouse
may elect to receive--
``(A) an annuity, commencing on what would have been the
former employee's 62d birthday, equal to 55 percent of the
former employee's deferred annuity;
``(B) an annuity, commencing on the day after the date of
death of the former employee, such that, to the extent
practicable, the present value of the future payments of the
annuity would be actuarially equivalent to the present value of
the future payments under subparagraph (A) as of the day after
the former employee's death; or
``(C) the lump-sum credit, if the surviving spouse is the
individual who would be entitled to the lump-sum credit and if
such surviving spouse files application therefor.
``(2) An annuity under this subsection and the right thereto
terminate on the last day of the month before the surviving spouse
remarries before becoming 55 years of age, or dies.''.
(b) Corresponding Amendment for FERS.--Section 8445(a) of title 5,
United States Code, is amended--
(1) by striking ``(or of a former employee or'' and
inserting ``(or of a former''; and
(2) by striking ``annuity)'' and inserting ``annuity, or of
a former employee who dies after having separated from the
service with title to a deferred annuity under section 8413 but
before having established a valid claim for annuity (if such
former spouse was married to such former employee prior to the
date of separation))''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to surviving spouses and former spouses (whose
marriage, in the case of the amendments made by subsection (a),
terminated after May 6, 1985) of former employees who die after the
date of the enactment of this Act.
SEC. 2003. PAYMENT OF LUMP-SUM CREDIT FOR FORMER SPOUSES OF FEDERAL
EMPLOYEES.
(a) In General.--Title 5, United States Code, is amended--
(1) in section 8342(c) by striking ``Lump-sum'' and
inserting ``Except as provided in section 8345(j), lump-sum'';
(2) in section 8345(j)--
(A) in paragraph (1) by inserting after ``that
individual'' the following: ``, or be made under
section 8342(d) through (f) to an individual entitled
under section 8342(c),''; and
(B) by adding at the end the following:
``(4) Any payment under this subsection to a person bars recovery
by any other person.'';
(3) in section 8424(d) by striking ``Lump-sum'' and
inserting ``Except as provided in section 8467(a), lump-sum'';
and
(4) in section 8467--
(A) in subsection (a) by inserting after ``that
individual'' the following: ``, or be made under
section 8424(e) through (g) to an individual entitled
under section 8424(d),''; and
(B) by adding at the end the following:
``(d) Any payment under this section to a person bars recovery by
any other person.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to any death occurring after the 90th day after the
date of the enactment of this Act. | TABLE OF CONTENTS:
Title I: Short Title; Table of Contents
Title II: Additional Retirement Participation and Payment
Options for Federal Employees
Retirement Savings and Security Act -
Title I: Short Title; Table of Contents
- Sets forth, for this Act: (1) the short title; and (2) the table of contents.
Title II: Additional Retirement Participation and Payment Options for Federal Employees
- Requires the Executive Director of the Federal Retirement Thrift Investment Board to prescribe regulations to allow Federal employees to be afforded a reasonable opportunity to make an election to make contributions under the Thrift Savings Plan on the date of commencing service or beginning on the earliest date thereafter that such an election becomes administratively feasible.
(Sec. 2002) Provides for a deferred annuity for a surviving former spouse of a deceased former Federal employee who separated from the service with title to a deferred annuity if such individuals were married to one another prior to the date of separation.
Provides for a surviving spouse to elect to receive a certain deferred annuity if a former employee dies after having separated from the service with title to a deferred annuity but before having established a valid claim for annuity.
(Sec. 2003) Revises provisions concerning the payment of a lump sum to a former spouse of a Federal employee. | Retirement Savings and Security Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Medical Treatment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advertising claim.--The term ``advertising claim''
means any representation made or suggested by statement, word,
design, device, sound, or any combination thereof with respect
to a medical treatment.
(2) Danger.--The term ``danger'' means an adverse reaction
to an unapproved drug or medical device that, when used as
directed--
(A) causes serious harm;
(B) occurred as a result of the medical treatment;
(C) would not otherwise have occurred; and
(D) is more serious than reactions experienced with
routinely used medical treatments approved by the Food
and Drug Administration for the same medical condition
or conditions.
(3) Device.--The term ``device'' has the meaning given such
term in section 201(h) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(h)).
(4) Drug.--The term ``drug'' has the meaning given such
term in section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321 (g)(1)).
(5) Food.--The term ``food''--
(A) has the meaning given such term in section
201(f) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(f)); and
(B) includes a dietary supplement as defined in
section 201(ff) of such Act.
(6) Health care practitioner.--The term ``health care
practitioner'' means a physician or other individual who is
legally authorized to provide health care services in the State
in which the services are provided.
(7) Interstate commerce.--The term ``interstate commerce''
means commerce between any State or territory and any place
outside thereof, and commerce within the District of Columbia
or within any other territory not organized with a legislative
body.
(8) Label.--The term ``label'' has the meaning given such
term in section 201(k) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(k)).
(9) Labeling.--The term ``labeling'' has the meaning given
such term in section 201(m) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(m)).
(10) Legal representative.--The term ``legal
representative'' means a parent or an individual who qualifies
as a legal guardian under applicable State law.
(11) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201(h) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
(12) Medical treatment.--The term ``medical treatment''
means any food, drug, device, or procedure that is used and
intended as a cure, mitigation, treatment, or prevention of
disease or a health condition.
(13) Patient.--The term ``patient'' means any individual
who seeks medical treatment from a health care practitioner for
a disease or health condition.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(15) Seller.--The term ``seller'' means an individual or
organization that receives payment related to the medical
treatment of a patient of a health practitioner, except that
this term does not apply to a health care practitioner who
receives payment from an individual or representative of such
individual for the administration of a medical treatment to
such individual.
(16) Unapproved drug or medical device.--The term
``unapproved drug or medical device'' with respect to a drug or
medical device, means a drug or medical device that is not
approved or authorized for manufacture, sale, and distribution
in interstate commerce under section 505, 513, or 515 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C 355, 360c, and
360(e)) or under section 351 of the Public Health Service Act
(42 U.S.C. 262).
SEC. 3. ACCESS TO MEDICAL TREATMENT.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsection (b), an individual shall have the
right to be treated by a health care practitioner with any medical
treatment (including a medical treatment that is not approved,
certified, or licensed by the Secretary) that such individual desires,
or that the legal representative of such individual authorizes, if--
(1) such practitioner has personally examined such
individual and agrees to provide treatment to such individual;
(2) the administration of such treatment does not violate
applicable licensing laws; and
(3) the health care practitioner complies with the
requirements of subsection (b).
(b) Medical Treatment Requirements.--
(1) In general.--A health care practitioner may/shall
provide the medical treatment requested by an individual
described in subsection (a) if--
(A) there is no reason for the practitioner to
conclude that, based on generally accepted principles
and current information, the medical treatment
requested, when used or provided as directed, will
cause danger to the patient;
(B) in the case of an individual whose treatment is
the administration of a food, drug, or device that has
to be approved, certified, or licensed by the
Secretary, but has not been so approved, certified, or
licensed--
(i) such individual has been informed in
writing that such food, drug, or device has not
been approved, certified, or licensed by the
Secretary for use as a medical treatment of the
medical condition of such individual; and
(ii) prior to the administration of such
treatment, the practitioner has provided the
patient a written statement that includes the
following provision: ``WARNING: This food,
drug, or device has not been declared to be
safe and effective by the Federal Government
and any individual who uses such food, drug, or
device does so at his or her own risk.'';
(C) such individual has been informed in writing of
the nature of the medical treatment, including--
(i) the contents and methods of such
treatment;
(ii) the anticipated benefits of such
treatment;
(iii) any reasonably foreseeable side
effects that may result from such treatment;
(iv) the results of past application of
such treatment by the health care practitioner
and others; and
(v) any other information necessary to
fully meet the requirements for informed
consent of human subjects prescribed by
regulations issued by the Food and Drug
Administration;
(D) except as provided in subsection (c), there
have been no advertising claims made with respect to
the efficacy of the medical treatment by the
practitioner, manufacturer, or distributor;
(E) the label or labeling of any food, drug, or
device that is a part of the requested medical
treatment is not false or misleading;
(F) such individual--
(i) has been provided with a written
statement that such individual has been fully
informed with respect to the information
described in subparagraphs (A) through (D);
(ii) desires such treatment; and
(iii) signs such statement; and
(G) the health care practitioner provides the
patient with a recommendation for the treatment
involved under circumstances that give the patient
sufficient opportunity to consider whether or not to
use such treatment.
(2) Burden of proof.--In any proceeding relating to the
enforcement of paragraph (1)(E) with respect to the label of a
drug, device, or food used in medical treatment covered under
this subsection, the provisions of section 403B(c) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-2(c)) shall
apply with respect to establishing the burden of proof that
such label is false or misleading.
(3) Rule of construction.--Nothing in this section shall be
construed to require informed consent for the prescription of
dietary supplements and foods not requiring such informed
consent prior to the date of the enactment of this Act.
(c) Claim Exceptions.--
(1) Reporting by a health care practitioner.--Subsection
(b)(1)(D) shall not apply to an accurate and truthful reporting
by a health care practitioner of the results of the
practitioner's administration of a medical treatment in
recognized journals, at seminars, conventions, or similar
meetings, or to others, so long as the reporting practitioner
has no direct or indirect financial interest in the reporting
of the material and has received no financial benefits of any
kind from the manufacturer, distributor, or other seller for
such reporting. Such reporting may not be used by a
manufacturer, distributor, or other seller to advance the sale
of such treatment.
(2) Statements by a practitioner to a patient.--Subsection
(b)(1)(D) shall not apply to any statement made by a health
care practitioner directly to a patient or prospective patient.
A health care practitioner shall not be held liable for any
advertising claims made by others unless the practitioner is a
party in the dissemination of the information in such claims.
(3) Dietary supplements statement.--Subsection (b)(1)(D)
shall not apply to statements or claims permitted under
sections 403B and 403(r)(6) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343-2 and 343(r)(6)).
SEC. 4. REPORTING OF A DANGEROUS MEDICAL TREATMENT.
(a) Health Care Practitioner.--If a health care practitioner, after
administering a medical treatment, discovers that the treatment itself
was a danger to the individual receiving such treatment, the
practitioner shall--
(1) immediately cease the use of such treatment;
(2) refrain from recommending the use of any unapproved
drug or medical device that was a part of such treatment;
(3) report to the manufacturer and the Director of the
Centers for Disease Control and Prevention--
(A) the nature of such treatment;
(B) the results of such treatment;
(C) the complete protocol of such treatment; and
(D) the source from which such treatment or any
part thereof was obtained; and
(4) include as part of the reporting under paragraph (3),
an affidavit pursuant to section 1746 of title 28, United
States Code, confirming that all statements made in the report
under such paragraph are accurate.
(b) Secretary.--Upon confirmation that a medical treatment has
proven dangerous to individuals, the Secretary shall properly
disseminate information with respect to the danger of the medical
treatment and prohibit the further use of such treatment.
SEC. 5. REPORTING OF A BENEFICIAL MEDICAL TREATMENT.
If a health care practitioner, after administering a medical
treatment that is not an approved drug or medical device for a life-
threatening medical condition or conditions, discovers that such
medical treatment has, in the opinion of the health care practitioner,
positive effects on such condition or conditions that are significantly
greater than the positive effects that are expected from an approved
medical treatment for the same condition or conditions, the
practitioner shall--
(1) make a monthly reporting to the National Center for
Complementary and Alternative Medicine at the National
Institutes of Health of--
(A) the nature of such medical treatment (which is
not a conventional medical treatment);
(B) the general results of such treatment
administered in the month involved; and
(C) the protocol of such treatment; and
(2) provide an affidavit pursuant to section 746 of title
28, United States Code, confirming that all statements made in
the monthly reporting under paragraph (1) are accurate and
truthful.
SEC. 6. TRANSPORTATION AND PRODUCTION OF FOOD, DRUGS, DEVICES, AND
OTHER EQUIPMENT.
(a) In General.--Notwithstanding any other provision of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.), an individual
may--
(1) introduce or deliver into interstate commerce a food,
drug, device, or any other equipment; and
(2) produce, transport, receive and hold a food, drug,
device, or any other equipment,
solely for use in accordance with this Act if there have been no
advertising claims by the manufacturer, distributor, or seller of the
food, drug, device, or equipment involved.
(b) Rule of Construction.--Nothing in this Act shall be construed
to limit or interfere with the authority of a health care practitioner
to prescribe, recommend, provide, or administer to a patient for any
medical condition or disease any unapproved drug or medical device that
is lawful under the law of the State or States in which the health care
practitioner practices.
SEC. 7. OTHER LAWS NOT AFFECTED BY THIS ACT.
Nothing in this Act shall be construed to--
(1) apply to the manufacturer, distribution, possession, or
use of any drug that is a controlled substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.);
(2) apply to statements or claims permitted or authorized
under sections 403 and 403B of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 3443, 343-2); or
(3) in any way adversely affect the distribution or sale of
dietary supplements (as defined in section 201(f) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 (ff)).
SEC. 8. PENALTY.
A health care practitioner who knowingly violates any provision of
this Act shall not be covered by the protections under this Act and
shall be subject to all other applicable laws and regulations. | Access to Medical Treatment Act - Permits any individual to be treated by a health care practitioner with any medical treatment that the individual desires (including a treatment that is not approved, certified, or licensed by the Secretary of Health and Human Services) if: (1) the practitioner agrees to treat the individual; and (2) the administration of such treatment does not violate licensing laws.
Declares that health care practitioners may/shall (sic) provide any method of treatment to such an individual if certain requirements are met. Requires a practitioner to report: (1) administering such treatment and discovering it to be a danger to an individual; and (2) the positive effects of an unconventional medical treatment for a life-threatening medical condition.States that nothing in this Act shall in any way adversely affect the distribution or sale of dietary supplements. | A bill to permit an individual to be treated by a health care practitioner with any method of medical treatment such individual requests, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Roadless Area Conservation Act of
2002''.
SEC. 2. FINDINGS AND PURPOSE.
(a) In General.--Congress finds that--
(1) there is a compelling need to establish national
protection for inventoried roadless areas of the National
Forest System in order to protect the unique social and
ecological values of those irreplaceable resources;
(2) roadless areas protect healthy watersheds and their
numerous benefits, such as--
(A) protecting downstream communities from floods
and tempering the effects of drought;
(B) ensuring a supply of clean water for domestic,
agricultural, and industrial uses;
(C) helping maintain abundant and healthy fish and
wildlife populations and habitats;
(D) providing the setting for many forms of outdoor
recreation; and
(E) providing drinking water to millions of
citizens from the more than 354 municipal watersheds
found on roadless areas;
(3) maintaining roadless areas in a relatively undisturbed
condition--
(A) saves downstream communities millions of
dollars in water filtration costs; and
(B) is crucial to preserve the flow of affordable,
clean water to a growing population;
(4) the protection of roadless areas can maintain
biological strongholds and refuges for many imperiled species
by halting the ongoing fragmentation of the landscape into
smaller and smaller parcels of land divided by road corridors;
(5) roadless areas conserve native biodiversity by serving
as a bulwark against the spread of nonnative invasive species;
(6) roadless areas provide unparalleled opportunities for
hiking, camping, picnicking, wildlife viewing, hunting,
fishing, cross-country skiing, canoeing, mountain-biking, and
similar activities;
(7) while roadless areas may have many wilderness-like
attributes, unlike wilderness areas, the use of mechanized
means of travel is allowed in many roadless areas;
(8) roadless areas contain many sites sacred to Native
Americans and other groups that use roadless areas for
spiritual and religious retreats;
(9) from the inception of Federal land management, it has
been the mission of the Forest Service and other agencies to
manage the National Forest System for the dual purposes of
resource extraction and conservation;
(10) consistent with that dual mission, this Act--
(A) protects social and ecological values, while
allowing for many multiple uses of inventoried roadless
areas; and
(B) does not impose any limitations on the use of,
or access to, private, State, or National Forest System
land outside inventoried roadless areas;
(11) establishing a consistent national policy for the
protection of inventoried roadless areas--
(A) ensures that the considerable long-term
ecological and economic benefits of protecting roadless
areas for future generations are properly considered;
(B) diminishes the likelihood of controversy at the
project level; and
(C) enables the Forest Service to focus on the
economic and environmental benefits of reducing
hazardous fuel buildups in already roaded portions of
the landscape;
(12) the National Fire Plan indicates that fires are almost
twice as likely to occur in roaded areas as in roadless areas,
because roadless areas are generally located further away from
communities and are harder to access;
(13) the report entitled ``Protecting People and Sustaining
Resources in Fire-Adapted Ecosystems--A Cohesive Strategy'' (65
Fed. Reg. 67480) advocates a higher priority for fuel reduction
on land that is near communities and readily accessible
municipal watersheds;
(14) the Forest Service has an enormous backlog of
maintenance needs for the existing 386,000 mile road system of
the Forest Service that will cost millions of dollars to
eliminate;
(15) no State or private land owner would continue to build
new roads in the face of such an enormous backlog;
(16) failure to maintain forest roads--
(A) limits public access; and
(B) causes degradation of water quality and
wildlife and fish habitat; and
(17) protection of roadless areas--
(A) will impact less than 0.5 percent of the
national timber supply; and
(B) will have a negligible impact on oil and gas
production since--
(i) the entire National Forest System
provides only approximately 0.4 percent of the
quantity of oil and gas that is produced in the United States; and
(ii) roadless areas provide only a fraction
of the quantity of oil and gas that is produced
in the National Forest System.
(b) Purpose.--The purpose of this Act is to provide, within the
context of multiple-use management, lasting protection for inventoried
roadless areas within the National Forest System.
SEC. 3. DEFINITIONS.
In this Act:
(1) Classified road.--
(A) In general.--The term ``classified road'' means
a road wholly or partially within, or adjacent to,
National Forest System land that is determined to be
needed for long-term motor vehicle access.
(B) Inclusions.--The term ``classified road''
includes a State road, a county road, a privately owned
road, a National Forest System road, and any other road
authorized by the Forest Service.
(2) Inventoried roadless area.--The term ``inventoried
roadless area'' means an area identified in the set of
inventoried roadless area maps contained in the document
entitled ``Forest Service Roadless Area Conservation, Final
Environmental Impact Statement, Volume 2'', dated November
2000, which is on file at the national headquarters office of
the Forest Service, or any subsequent update or revision of
those maps.
(3) Responsible official.--The term ``responsible
official'' means the Forest Service line officer or employee
with the authority and responsibility to make decisions
regarding protection and management of inventoried roadless
areas under this Act.
(4) Road.--The term ``road'' means a motor vehicle
travelway over 50 inches wide, unless designated and managed as
a trail.
(5) Road construction.--The term ``road construction''
means activity that results in the addition of classified road
or temporary road miles.
(6) Road improvement.--The term ``road improvement'' means
activity that results in--
(A) an increase of the traffic service level of an
existing road;
(B) expansion of the capacity of the road; or
(C) a change in the original design function of the
road.
(7) Roadless area characteristics.--The term ``roadless
area characteristics'' means resources or features that are
often present in and characterize inventoried roadless areas,
including--
(A) high quality or undisturbed soil, water, and
air;
(B) sources of public drinking water;
(C) diversity of plant and animal communities;
(D) habitat for--
(i) threatened, endangered, candidate, or
sensitive species, and species proposed for
listing, under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(ii) species dependent on large,
undisturbed areas of land;
(E) primitive, semiprimitive nonmotorized, and
semiprimitive motorized classes of dispersed
recreation;
(F) reference landscapes;
(G) natural appearing landscapes with high scenic
quality;
(H) traditional cultural properties and sacred
sites; and
(I) other locally identified unique
characteristics.
(8) Road maintenance.--The term ``road maintenance'' means
ongoing upkeep of a road necessary to retain or restore the
road in accordance with approved road management objectives.
(9) Road realignment.--The term ``road realignment'' means
an activity that results in--
(A) a new location of all or part of an existing
road; and
(B) treatment of the old roadway.
(10) Road reconstruction.--The term ``road reconstruction''
means an activity that results in improvement, or realignment,
of an existing classified road.
(11) Temporary road.--The term ``temporary road'' means a
road that is--
(A) authorized by contract, permit, lease, other
written authorization, or emergency operation; and
(B) not intended to be part of the forest
transportation system and not necessary for long-term
resource management.
(12) Unclassified road.--The term ``unclassified road''
means a road on National Forest System land that is not managed
as part of the forest transportation system, such as--
(A) an unplanned road, abandoned travelway, or off-
road vehicle track that has not been designated and
managed as a trail; and
(B) a road that was once under permit or other
authorization and was not decommissioned on the
termination of the authorization.
SEC. 4. PROHIBITION ON ROAD CONSTRUCTION AND ROAD RECONSTRUCTION IN
INVENTORIED ROADLESS AREAS.
(a) Prohibition.--Except as provided in subsection (b), road
construction and road reconstruction may not take place in an
inventoried roadless area of the National Forest System.
(b) Exceptions.--Road construction and road reconstruction may take
place, including through the use of appropriated funds, in an
inventoried roadless area of the National Forest System if the
responsible official determines that--
(1) a road is needed to protect public health and safety in
a case of an imminent threat of flood, fire, or other
catastrophic event that, without intervention, would cause the
loss of life or property;
(2) a road is needed to conduct--
(A) a response action under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.); or
(B) a natural resource restoration action under--
(i) that Act;
(ii) section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321); or
(iii) the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.);
(3) a road is needed pursuant to a reserved or outstanding
right, or as provided for by law or treaty;
(4) a road realignment is needed--
(A) to prevent irreparable resource damage that
arises from the design, location, use, or deterioration
of a classified road that cannot be mitigated by road
maintenance; and
(B) to provide for essential public or private
access, natural resource management, or public health
or safety;
(5) road reconstruction is needed to implement a road
safety improvement project on a classified road determined to
be hazardous on the basis of accident experience or accident
potential with respect to the road;
(6)(A) a Federal-aid highway project authorized under title
23, United States Code, is--
(i) in the public interest; or
(ii) consistent with the purposes for which the
land was reserved or acquired; and
(B) no other reasonable and prudent alternative to the
project exists; or
(7)(A) a road is needed in conjunction with--
(i) the continuation, extension, or renewal of a
mineral lease on land that is under lease by the
Secretary of the Interior as of January 12, 2001; or
(ii) the issuance of a new lease issued immediately
on expiration of an existing lease described in clause
(i);
(B) road construction or road reconstruction under this
paragraph will be conducted in a manner that--
(i) minimizes the effects on surface resources;
(ii) prevents unnecessary or unreasonable surface
disturbance; and
(iii) complies with all applicable laws (including
regulations), lease requirements, and land and resource
management plan directives; and
(C) a road constructed or reconstructed under this
paragraph will be removed on the earlier of--
(i) the date on which the road is no longer needed
for the purposes of the lease; or
(ii) the date of termination or expiration of the
lease.
(c) Road Maintenance.--A classified road in an inventoried roadless
area may be maintained.
SEC. 5. PROHIBITION ON TIMBER CUTTING, SALE, OR REMOVAL IN INVENTORIED
ROADLESS AREAS.
(a) Prohibition.--Except as provided in subsection (b), timber may
not be cut, sold, or removed in an inventoried roadless area of the
National Forest System.
(b) Exceptions.--Timber may be cut, sold, or removed in an
inventoried roadless area if the responsible official determines that
the cutting, sale, or removal of the timber is expected to be
infrequent and--
(1) the cutting, sale, or removal of generally small
diameter timber--
(A) will improve or maintain 1 or more roadless
area characteristics; and
(B) is needed--
(i) to improve habitat for threatened,
endangered, candidate, or sensitive species,
and species proposed for listing, under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.); or
(ii) to maintain or restore the
characteristics of ecosystem composition and
structure, such as to reduce the risk of
uncharacteristic wildfire effects, within the
range of variability that would be expected to
occur under a natural disturbance regime of the
current climatic period;
(2) the cutting, sale, or removal of timber is incidental
to the implementation of a management activity not otherwise
prohibited by this Act;
(3) the cutting, sale, or removal of timber is needed and
appropriate for personal or administrative use, in accordance
with part 223 of title 36, Code of Federal Regulations; or
(4) roadless characteristics have been substantially
altered in a portion of an inventoried roadless area as a
result of the construction of a classified road and subsequent
timber harvest, if--
(A) the road construction and subsequent timber
harvest occurred after the area was designated an
inventoried roadless area and before January 12, 2001;
and
(B) timber is cut, sold, or removed only in the
substantially altered portion of the inventoried
roadless area.
SEC. 6. SCOPE AND APPLICABILITY.
(a) Effect.--This Act does not--
(1) revoke, suspend, or modify any permit, contract, or
other legal instrument authorizing the occupancy and use of
National Forest System land issued or entered into before
January 12, 2001;
(2) compel the amendment or revision of any land and
resource management plan;
(3) revoke, suspend, or modify any decision concerning any
project or activity made before January 12, 2001; or
(4) apply to road construction, reconstruction, or the
cutting, sale, or removal of timber in an inventoried roadless
area of the Tongass National Forest if a notice of availability
of a draft environmental impact statement for such activity has
been published in the Federal Register before January 12, 2001.
(b) Limitation on Revision.--The prohibitions and restrictions
established in this Act are not subject to reconsideration, revision,
or rescission in any subsequent project decision or amendment or
revision to any land and resource management plan carried out in
accordance with section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604). | Roadless Area Conservation Act of 2002 - Prohibits road construction and road reconstruction in inventoried roadless areas of the National Forest System. Specifies exceptions, including because: (1) there is threat of a catastrophic event; (2) a natural resource restoration action is necessary; or (3) a Federal-aid highway project is in the public interest or is consistent with the purposes for which the land was reserved or acquired.Forbids timber from being cut, sold, or removed in an inventoried roadless area. Permits various exceptions, including for specified environmental reasons, if the responsible official determines that the cutting, sale, or removal of timber is expected to be infrequent.Declares that this Act does not: (1) revoke, suspend, or modify legal instruments and decisions concerning the use of NFS land made before January 12, 2001; (2) compel the amendment or revision of any land and resource management plan; or (3) apply to specified activities in the Tongass National Forest.States that the prohibitions and restrictions of this Act cannot be reconsidered, modified, or terminated under the Forest and Rangeland Renewable Resources Planning Act of 1974. | A bill to provide lasting protection for inventoried roadless areas within the National Forest System. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Ethics Commission Act of
2007''.
SEC. 2. ESTABLISHMENT OF INDEPENDENT ETHICS COMMISSION.
(a) Establishment.--There is established an independent ethics
commission within the House of Representatives to be known as the
Independent Ethics Committee (in this Act referred to as the
``Commission'').
(b) Membership and Terms of Office.--(1) The Commission shall
consist of 9 commissioners, 4 appointed by the Speaker and 4 by the
minority leader of the House, and one selected by the affirmative vote
of two-thirds of the 8 appointed commissioners for a term of 5 years.
No commissioner may serve for more than 5 years.
(2) Commissioners shall be appointed for terms of 5 years, except
that of the commissioners first appointed, 2 appointed by the Speaker
and 2 by the minority leader shall be for 3-year terms and 2 appointed
by the Speaker and 2 by the minority leader shall be for 4-year terms
as designated by the Speaker and the minority leader at the time of
appointment.
(c) Qualifications.--Only former Federal judges shall be eligible
for appointment to the Commission.
(1) Disqualifications for appointments.--
(A) Lobbying.--No individual who has been a
lobbyist registered under the Lobbying Disclosure Act
of 1995 or engages in, or is otherwise employed in,
lobbying of the Congress or who is an agent of a
foreign principal registered under the Foreign Agents
Registration Act within the 4-year period immediately
preceding appointment shall be eligible for appointment
to, or service on, the Commission.
(B) Incompatible office.--No member of the
Commission appointed under subsection (b) may be a
Member of the House of Representatives or Senator.
(2) Vacancies.--A vacancy on the Commission shall be filled
in the manner in which the original appointment was made.
(d) Compensation.--Members shall each be entitled to receive the
daily equivalent of the maximum annual rate of basic pay in effect for
Level III of the Executive Schedule for each day (including travel
time) during which they are engaged in the actual performance of duties
vested in the Commission.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum.
(f) Meetings.--The Commission shall meet at the call a majority of
its members.
SEC. 3. DUTIES OF COMMISSION.
(a) Duties.--The Commission is authorized--
(1) to receive, monitor, and oversee financial disclosure
and other reports filed by Members of the House and officers
and employees of the House under the Ethics in Government Act
of 1978, and reports filed by registered lobbyists under the
Lobbying Disclosure Act of 1995;
(2) in accordance with the procedures set forth under
subsection (b), to investigate any alleged violation, by a
Member, officer, or employee of the House of Representatives,
of any rule or other standard of conduct applicable to the
conduct of such Member, officer, or employee under House rules
in the performance of his duties or the discharge of his
responsibilities;
(3) to present a case of probable ethics violations to the
Committee on Standards of Official Conduct of the House of
Representatives;
(4) to make recommendations to the Committee on Standards
of Official Conduct of the House of Representatives that it
report to the appropriate Federal or State authorities any
substantial evidence of a violation by a Member, officer, or
employee of the House of Representatives of any law applicable
to the performance of his duties or the discharge of his
responsibilities, which may have been disclosed in an
investigation by the Office;
(5) to provide information and informal guidance to
Members, officers and employees of the House of Representatives
regarding any rules and other standards of conduct applicable
to such individuals in their official capacities, and develop
and carry out periodic educational briefings for Members,
officers, and employees of the House of Representatives on
those laws, rules, regulations, or other standards; and
(6) to give consideration to the request of any Member,
officer, or employee of the House of Representatives for a
formal advisory opinion or other formal ruling, subject to the
review of the Committee on Standards of Official Conduct of the
House of Representatives, as applicable, with respect to the
general propriety of any current or proposed conduct of such
Member, officer, or employee and, with appropriate deletions to
assure the privacy of the individual concerned, to publish such
opinion for the guidance of other Members, officers, and
employees of the House of Representatives.
(b) Procedures for Initiation of Investigations and Other
Matters.--
(1) In general.--An investigation may be initiated by the
filing of a complaint with the Commission by a Member of the
House of Representatives or an outside complainant, or by the
Commission on its own initiative, based on any information in
its possession. The Commission shall not accept a complaint
concerning a Member within 90 days of an election involving
such Member.
(2) Deadline for determination of action.--
(A) In general.--Not later than 45 days after
receiving a complaint, the Commission shall make an
initial determination as to whether the complaint
should be dismissed or whether there are sufficient
grounds to conduct an investigation in response to the
complaint.
(B) Extension upon majority approval.--The
Commission may, by vote of the majority of its members,
extend the deadline established under subparagraph (A)
to such deadline as it considers appropriate.
(C) Treatment of frivolous complaints.--In any
instance in which the Commission decides to dismiss a
complaint, the Commission may issue a determination
that the complaint is frivolous. If the Commission
issues such a determination, the Commission may not
accept any future complaint filed by that same person
and the complainant shall be required to pay for the
costs of the Commission resulting from such complaint.
The Commission may refer the matter to the Attorney
General to collect such costs.
(D) Special rule for investigations conducted on
commission's own initiative.--For any investigation
conducted by the Commission at its own initiative, the
Commission shall make a preliminary determination of
whether there are sufficient grounds to conduct an
investigation. Before making that determination, the
subject of the investigation shall be provided by the
Commission with an opportunity to submit information to
the Commission to show that there are not sufficient
grounds to conduct an investigation.
SEC. 4. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission may for the purpose of
carrying out this Act--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) subject to subsection (b), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission may
determine advisable.
(b) Subpoenas.--A subpoena may be issued only with a majority of
the Commission.
(c) Obtaining Information.--Upon request of the Commission, the
head of any agency or instrumentality of the Government shall furnish
information deemed necessary by the Commission to enable it to carry
out its duties.
(d) Referrals to the Department of Justice.--Whenever the
Commission has reason to believe that a violation of the Lobbying
Disclosure Act of 1995 may have occurred, that matter may be referred
to the Department of Justice for it to investigate.
(e) General Audits.--The Commission shall have the authority to
conduct general audits of filings under the Lobbying Disclosure Act of
1995.
SEC. 5. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON
STANDARDS OF OFFICIAL CONDUCT.
(a) Notification.--Whenever the Commission determines that there
are sufficient grounds to conduct an investigation--
(1) the Commission shall notify the Committee on Standards
of Official Conduct of this determination;
(2) the applicable committee may overrule the determination
of the Commission if, within 10 legislative days--
(A) the committee by an affirmative, roll-call vote
of two-thirds of the full committee votes to overrule
the determination of the Commission;
(B) the committee issues a public report detailing
its reasoning for overruling the Commission;
(C) the vote of each member of the committee on
such roll-call vote is included in the report;
(D) dissenting members are allowed to issue their
own report detailing their reasons for disagreeing with
the majority vote; and
(E) if the committee votes to overrule the
determination of the Commission pursuant to
subparagraph (B), the Commission may publish and make
available to the general public a report detailing the
reasons that the Commission concluded there were
sufficient grounds to conduct an investigation.
(b) Conducting Investigations.--(1) If the Commission determines
that there are sufficient grounds to conduct an investigation and his
determination is not overruled under subsection (a)(5), the Commission
shall conduct an investigation to determine if probable cause exists
that a violation occurred.
(2) As part of an investigation, the Commission may--
(A) administer oaths;
(B) issue subpoenas;
(C) compel the attendance of witnesses and the production
of papers, books, accounts, documents, and testimony; and
(D) take the deposition of witnesses.
(3) If a person disobeys or refuses to comply with a
subpoena, or if a witness refuses to testify to a matter, he
may be held in contempt of Congress.
(c) Presentation of Case to House Committee on Standards of
Official Conduct.--(1) If the Commission determines, upon conclusion of
an investigation, that probable cause exists that an ethics violation
has occurred, the Commission shall notify the Committee on Standards of
Official Conduct of the House of Representatives of this determination.
(2) The committee may overrule the determination of the Commission
if, within 10 legislative days--
(A) the committee by an affirmative, roll-call vote of two-
thirds of the full committee votes to overrule the
determination of the Commission;
(B) the committee issues a public report detailing its
reasoning for overruling the Commission;
(C) the vote of each member of the committee on such roll-
call vote is included in the report; and
(D) dissenting members are allowed to issue their own
report detailing their reasons for disagreeing with the
majority vote.
(3) If the committee votes to overrule the determination of the
Commission pursuant to paragraph (2), the Commission may publish and
make available to the general public a report detailing the reasons
that he concluded there were sufficient grounds to present such case to
the committee.
(4)(A) If the Commission determines there is probable cause that an
ethics violation has occurred and the Commission's determination is not
overruled, the Commission shall present the case and evidence to the
Committee on Standards of Official Conduct of the House of
Representatives to hear and make a determination pursuant to its rules.
(B) The committee shall vote upon whether the individual who is the
subject of the investigation has violated any rules or other standards
of conduct applicable to that individual in his official capacity. Such
votes shall be a roll-call vote of the full committee, a quorum being
present. The committee shall issue a public report which shall include
the vote of each member of the committee on such roll-call vote.
Dissenting members may issue their own report detailing their own
reasons for disagreeing with the majority vote.
(d) Sanctions.--Whenever the Committee on Standards of Official
Conduct of the House of Representatives finds that an ethics violation
has occurred the Commission shall recommend appropriate sanctions to
the committee and whether a matter should be referred to the Department
of Justice for investigation.
SEC. 6. PROCEDURAL RULES.
(a) Majority Approval.--No report or recommendation relating to the
official conduct of a Member, officer, or employee of the House of
Representatives shall be made by the Commission, and no investigation
of such conduct shall be undertaken by the Commission, unless approved
by the affirmative vote of a majority of the members of the Commission.
(b) Investigations.--Except in the case of an investigation
undertaken by the Commission on its own initiative, the Commission may
undertake an investigation relating to the official conduct of an
individual Member, officer, or employee of the House of Representatives
only--
(1) upon receipt of a complaint, in writing and under oath,
made by or submitted to a Member of the House of
Representatives and transmitted to the Commission by such
Member, or
(2) upon receipt of a complaint from the chairman of the
Committee on Standards of Official Conduct of the House of
Representatives, in writing and under oath, made by that
committee.
(c) Prohibition of Certain Investigations.--No investigation shall
be undertaken by the Commission of any alleged violation of a law,
rule, regulation, or standard of conduct not in effect at the time of
the alleged violation.
(d) Disclosure.--No information or testimony received, or the
contents of a complaint or the fact of its filing, shall be publicly
disclosed by any member of the Commission or staff of the Commission
unless specifically authorized in each instance by a vote of the
Commission.
SEC. 7. STAFF OF COMMISSION.
The Commission may appoint and fix the compensation of such staff
as the Commission considers necessary to perform its duties. The
Commission shall be appointed jointly by the Speaker and minority
leader and shall be paid at a rate not to exceed the rate of basic pay
payable for Level III of the Executive Schedule.
SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF
THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.
(a) House Rules Amendments.--Clause 3 of rule XI of the Rules of
the House of Representatives is amended as follows:
(1) In paragraph (a), strike subparagraphs (1), (2), and
(3), and redesignate subparagraphs (4), (5), and (6), as
subparagraphs (1), (2), and (3), respectively.
(2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by
striking ``a resolution, report, recommendation, or'' and
inserting ``an'', and by striking ``, or, except as provided in
subparagraph (2), undertake an investigation'', and by striking
subdivision (B).
(B) Paragraph (b) is further amended by striking
subparagraphs (2), (3), (4), and (5) and by redesignating
subparagraphs (6) and (7) as subparagraphs (2) and (3),
respectively.
(3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and
(q).
(b) Conforming Amendments.--Section 803 of the Ethics Reform Act of
1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d).
SEC. 9. ACTION ON COMMISSION RECOMMENDATIONS.
(a) Printing of Reports in Congressional Record.--Upon receipt by
the Committee on Standards of Official Conduct of the House of
Representatives of any report of the Commission, the Speaker of the
House of Representatives shall have the report printed in the
Congressional Record.
(b) House Consideration of Independent Ethics Commission
Recommendations.--Within 14 calendar days after a report referred to in
subsection (a) is printed in the Congressional Record, that portion of
the report recommending action by the House of Representatives
respecting any alleged violation, by a Member, officer, or employee of
the House of Representatives, of any law, rule, regulation, or other
standard of conduct applicable to the conduct of such Member, officer,
or employee in the performance of his duties or the discharge of his
responsibilities shall be introduced (by request) in the House by the
Speaker of the House, for himself and the minority leader of the House
in the form of a resolution. This resolution shall constitute a
question of privilege under rule IX of the Rules of the House of
Representatives. Any Member favoring the resolution may call it up as a
question of privilege but only on the third day after the calendar date
upon which such Member announces to the House his intention to do so.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect upon the date of its enactment, except
that sections 3, 4, and 8 shall take effect immediately prior to noon
January 3, 2009. | Independent Ethics Commission Act of 2007 - Establishes within the House of Representatives an Independent Ethics Commission composed only of former federal judges.
Prescribes procedures for: (1) initiation of investigations, upon the filing of a complaint or upon the Commission's own initiative; and (2) for consequent actions. | To establish an Independent Ethics Commission within the House of Representatives composed of former Federal judges. |
SECTION 1. DEFINITIONS.
In this Act:
(1) Historically black college or university.--The term
``historically black college or university'' means a part B
institution (as defined in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061)).
(2) Historic building or structure.--The term ``historic
building or structure'' means a building or structure listed on
the National Register of Historic Places or designated as a
national historic landmark.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE I--HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HISTORIC BUILDING
RESTORATION AND PRESERVATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Historically Black Colleges and
Universities Historic Building Restoration and Preservation Act''.
SEC. 102. FINDINGS.
Congress finds that--
(1) the Nation's historically black colleges and
universities have contributed significantly to the effort to
attain equal opportunity through postsecondary education for
African-American, low-income, and educationally disadvantaged
Americans;
(2) over our Nation's history, States and the Federal
Government have discriminated in the allocation of land and
financial resources to support historically black colleges and
universities, forcing historically black colleges and
universities to rely on the generous support of private
individuals and charitable organizations;
(3) the development of sources of private and charitable
financial support for historically black colleges and
universities has resulted in buildings and structures of
historic importance and architecturally unique design on the
campuses of those historically black colleges and universities;
and
(4) many of the buildings and structures are national
treasures worthy of preservation and restoration for future
generations of Americans and for the students and faculty of
historically black colleges and universities.
SEC. 103. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS
AND STRUCTURES AT HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES.
(a) Authority To Make Grants.--
(1) In general.--The Secretary shall make grants in
accordance with this section to historically black colleges and
universities for the preservation and restoration of historic
buildings and structures on the campuses of the historically
black colleges and universities.
(2) Source of funding.--Subject to the availability of
appropriations, grants under paragraph (1) shall be made out of
amounts authorized to be appropriated to carry out the National
Historic Preservation Act (16 U.S.C. 470 et seq.) for fiscal
years 1996 through 1999.
(b) Grant Conditions.--Grants made under subsection (a) shall be
subject to the condition that the grantee covenant, for the period of
time specified by the Secretary, that--
(1) no alteration will be made in the property with respect
to which the grant is made without the concurrence of the
Secretary; and
(2) reasonable public access to the property with respect
to which the grant is made will be permitted by the grantee for
interpretive and educational purposes.
(c) Matching Requirement for Buildings and Structures Listed on the
National Register of Historic Places.--
(1) In general.--Except as provided by paragraph (2), the
Secretary may obligate funds made available under this section
for a grant with respect to a building or structure listed on
the National Register of Historic Places only if the grantee agrees to
match, from funds derived from non-Federal sources, the amount of the
grant with an amount that is equal or greater than the grant.
(2) Waiver.--The Secretary may waive paragraph (1) with
respect to a grant if the Secretary determines from
circumstances that an extreme emergency exists or that a waiver
is in the public interest to ensure the preservation of
historically significant resources.
(d) Funding Provisions.--
(1) Amounts to be made available.--Not more than
$20,000,000 for fiscal year 1995 and not more than $15,000,000
for each of the fiscal years 1996, 1997, and 1998 may be made
available under this section.
(2) Allocations for fiscal year 1995.--
(A) In general.--Of the amounts made available
under this section for fiscal year 1995--
(i) $5,000,000 shall be available only for
grants under subsection (a) to Fisk University;
and
(ii) $10,000,000 shall be available only
for grants under subsection (a) to the
historically black colleges and universities
identified for inclusion in the Department of
the Interior Historically Black College and
University Historic Preservation Initiative.
(B) Less than $20,000,000 available.--If less than
$20,000,000 is made available for fiscal year 1995 for
the purpose of subparagraph (A), the amount that is
made available shall be allocated as follows:
(i) 25 percent shall be made available as
provided in subparagraph (A)(i).
(ii) 50 percent shall be made available as
provided in subparagraph (A)(ii).
(iii) 25 percent shall be made available
for grants under subsection (a) to other
eligible historically black colleges and
universities.
(e) Regulations.--The Secretary shall issue such regulations as are
necessary to carry out this title.
TITLE II--COOPER HALL AND SCIENCE HALL PRESERVATION AND RESTORATION
SEC. 201. AUTHORITY TO MAKE GRANTS.
(a) In General.--The Secretary shall make grants in accordance with
this title to preserve and restore--
(1) Cooper Hall, Sterling College, Sterling, Kansas; and
(2) Science Hall, Simpson College, Indianola, Iowa.
(b) Source of Funding.--Subject to the availability of
appropriations, grants under subsection (a) shall be made out of
amounts authorized to be appropriated to carry out the National
Historic Preservation Act (16 U.S.C. 470 et seq.).
SEC. 202. MATCHING REQUIREMENT.
The Secretary may obligate funds made available under this title
only if the grantee agrees to match, from funds derived from non-
Federal sources, the amount of the grant with an amount that is equal
or greater than the grant.
SEC. 203. FUNDING PROVISIONS.
Not more than $3,600,000 may be made available for grants for
Cooper Hall and not more than $1,500,000 may be made available for
grants for Science Hall under this title. | TABLE OF CONTENTS:
Title I: Historically Black Colleges and Universities
Historic Building Restoration and Preservation
Title II: Cooper Hall and Science Hall Preservation and
Restoration
Title I: Historically Black Colleges and Universities Historic Building Restoration and Preservation
- Historically Black Colleges and Universities Historic Building Restoration and Preservation Act - Directs the Secretary of the Interior to make grants, from amounts authorized to be appropriated to carry out the National Historic Preservation Act for FY 1996 through 1999, to historically black colleges and universities for the preservation and restoration of historic buildings and structures on their campuses.
Requires a grantee to covenant, for the period of time specified by the Secretary, that: (1) no alteration will be made in the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access will be permitted to such property for interpretive and educational purposes.
Authorizes the Secretary to: (1) obligate funds for a grant with respect to a building or structure listed on the National Register of Historic Places only if the grantee agrees to match the amount of such grant with funds derived from non-Federal sources; and (2) waive this matching requirement if an extreme emergency exists or that such a waiver is in the public interest to ensure the preservation of historically significant resources.
Limits amounts made available for this Act for FY 1995 through 1998.
Earmarks funds for FY 1995 for grants to: (1) Fisk University; and (2) historically black colleges and universities identified for inclusion in the Department of the Interior Historically Black College and University Historic Preservation Initiative.
Title II: Cooper Hall and Science Hall Preservation and Restoration
- Directs the Secretary to make grants to preserve and restore Cooper Hall at Sterling College located in Sterling, Kansas, and Science Hall at Simpson College located in Indianola, Iowa, from amounts authorized to be appropriated to carry out the National Historic Preservation Act.
Authorizes the Secretary to obligate such funds only if the grantee agrees to match the amount of such grant with funds derived from non-Federal sources. Limits amounts to be made available for such grants. | Historically Black Colleges and Universities Historic Building Restoration and Preservation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breastfeeding Promotion Act of
2007''.
TITLE I--AMENDMENTS TO THE CIVIL RIGHTS ACT OF 1964
SEC. 101. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Women with infants and toddlers are a rapidly growing
segment of the labor force today.
(2) Statistical surveys of families show that over 50
percent of mothers with children less than 1 year of age are in
the labor force.
(3) The American Academy of Pediatrics recommends that
mothers breastfeed exclusively for six months but continuing
for at least the 1st year of a child's life and that
arrangements be made to allow a mother's expressing of milk if
mother and child must separate.
(4) Research studies show that children who are not
breastfed have higher rates of mortality, meningitis, some
types of cancers, asthma and other respiratory illnesses,
bacterial and viral infections, diarrhoeal diseases, ear
infections, allergies, and obesity.
(5) Research studies have also shown that breastmilk and
breastfeeding have protective effects against the development
of a number of chronic diseases, including juvenile diabetes,
lymphomas, Crohn's disease, celiac disease, some chronic liver
diseases, and ulcerative colitis.
(6) Maternal benefits of breastfeeding include a reduced
risk for postpartum hemorrhage and decreased risk for
developing osteoporosis, ovarian cancer, and premenopausal
breast cancer.
(7) The health benefits to children from breastfeeding
translate into a threefold decrease in parental absenteeism due
to infant illness.
(8) Congress intended to include breastfeeding and
expressing breast milk as protected conduct under the amendment
made by the Pregnancy Discrimination Act of 1978 to title VII
of the Civil Rights Act of 1964.
(9) Although title VII of the Civil Rights Act of 1964, as
so amended, applies with respect to ``pregnancy, childbirth, or
related medical conditions'', a few courts have failed to reach
the conclusion that breastfeeding and expressing breast milk in
the workplace are covered by such title.
(b) Purposes.--The purposes of this title are--
(1) to promote the health and well-being of infants whose
mothers return to the workplace after childbirth, and
(2) to clarify that breastfeeding and expressing breast
milk in the workplace are protected conduct under the amendment
made by the Pregnancy Discrimination Act of 1978 to title VII
of the Civil Rights Act of 1964.
SEC. 102. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.
Section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k))
is amended--
(1) by inserting ``(including lactation)'' after
``childbirth'', and
(2) by adding at the end the following: ``For purposes of
this subsection, the term `lactation' means a condition that
may result in the feeding of a child directly from the breast
or the expressing of milk from the breast.''.
TITLE II--CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE
ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR
EXPRESS MILK FOR THEIR CHILDREN
SEC. 201. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING
APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED
MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45O. CREDIT FOR EMPLOYER EXPENSES INCURRED TO FACILITATE
EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR
CHILDREN.
``(a) In General.--For purposes of section 38, the breastfeeding
promotion and support credit determined under this section for the
taxable year is an amount equal to 50 percent of the qualified
breastfeeding promotion and support expenditures of the taxpayer for
such taxable year.
``(b) Dollar Limitation.--The credit allowable under subsection (a)
for any taxable year shall not exceed $10,000.
``(c) Qualified Breastfeeding Promotion and Support Expenditure.--
For purposes of this section--
``(1) In general.--The term `qualified breastfeeding
promotion and support expenditure' means any amount paid or
incurred in connection with a trade or business of the
taxpayer--
``(A) for breast pumps and other equipment
specially designed to assist mothers who are employees
of the taxpayer to breastfeed or express milk for their
children but only if such pumps and equipment meet such
standards (if any) prescribed by the Secretary of
Health and Human Services, and
``(B) for consultation services to the taxpayer or
employees of the taxpayer relating to breastfeeding.
``(2) Costs of other exclusive use property included.--Such
term includes any amount paid or incurred for the acquisition
or lease of tangible personal property (not described in
paragraph (1)(A)) which is exclusively used by mothers who are
employees of the taxpayer to breastfeed or express milk for
their children unless such property is located in any residence
of the taxpayer or any employee of the taxpayer.
``(d) Recapture of Credit.--
``(1) In general.--If, during any taxable year, any
property for which a credit was allowed under this section is
disposed of or otherwise ceases to be used by the taxpayer as
required by this section, then the tax of the taxpayer under
this chapter for such taxable year shall be increased by an
amount equal to the recapture percentage of the aggregate
decrease in the credits allowed under section 38 for all prior
taxable years which would have resulted solely from reducing to
zero any credit determined under this section with respect to
such property. The preceding sentence shall not apply to
property leased to the taxpayer.
``(2) Recapture percentage.--For purposes of this
subsection, the recapture percentage shall be determined in
accordance with the following table:
The
recapture
If the recapture event occurs in: percentage
is:
Year 1..................................................... 100
Year 2..................................................... 60
Year 3..................................................... 30
Year 4 or thereafter....................................... 0.
The references to years in the preceding table are references
to the consecutive taxable years beginning with the taxable
year in which the property is placed in service by the taxpayer
as year 1.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3) and (4), and subparagraphs (B) and (C) of
paragraph (5), of section 50(a) shall apply for purposes of
this subsection.
``(e) Special Rules.--For purposes of this section--
``(1) Aggregation rules.--For purposes of subsection (b),
all persons which are treated as a single employer under
subsection (a) or (b) of section 52 shall be treated as a
single taxpayer, and the dollar amount contained in such
subsection shall be allocated among such persons under
regulations prescribed by the Secretary.
``(2) Reduction in basis.--Rules similar to the rules of
paragraphs (1) and (2) of section 50(c), and section
1016(a)(19), shall apply with respect to property for which a
credit is determined under this section.
``(3) Other deductions and credits.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to any expenditure for which a credit is determined
under this section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (30), by striking the period
at the end of paragraph (31) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(32) the breastfeeding promotion and support credit
determined under section 45O(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45O. Credit for employer expenses incurred to facilitate
employed mothers who breastfeed or express
milk for their children.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
TITLE III--SAFE AND EFFECTIVE BREAST PUMPS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Safe and Effective Breast Pumps
Act''.
SEC. 302. BREAST PUMPS.
(a) Performance Standards.--The Secretary of Health and Human
Services shall take such action as may be appropriate to put into
effect a performance standard for breast pumps irrespective of the
class to which the breast pumps have been classified under section 513
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c). In
establishing such standard, the Secretary shall identify those pumps
appropriate for use on a regular basis in a place of employment based
on the efficiency and effectiveness of the pump and on sanitation
factors related to communal use. Action to put into effect a
performance standard shall be taken within one year of the date of the
enactment of this Act.
(b) Compliance Policy Guide.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall
issue a compliance policy guide which will assure that women who want
to breastfeed a child are given full and complete information
respecting breast pumps.
TITLE IV--DEFINITION OF MEDICAL CARE IN INTERNAL REVENUE CODE EXPANDED
TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES
SEC. 401. DEFINITION OF MEDICAL CARE EXPANDED TO INCLUDE BREASTFEEDING
EQUIPMENT AND SERVICES.
(a) In General.--Paragraph (1) of section 213(d) of the Internal
Revenue Code of 1986 (defining medical care) is amended by striking
``or'' at the end of subparagraph (C), by striking the period at the
end of subparagraph (D) and inserting ``, or'', and by inserting after
subparagraph (D) the following:
``(E) qualified breastfeeding equipment and
services.''.
(b) Qualified Breastfeeding Equipment and Services.--Subsection (d)
of section 213 of such Code (relating to definitions) is amended by
adding at the end the following new paragraph:
``(12) Qualified breastfeeding equipment and services.--For
purposes of paragraph (1)(E), the term `qualified breastfeeding
equipment and services' means--
``(A) breast pumps and other equipment specially
designed to assist a mother to breastfeed or express
milk for her child but only if such pumps and equipment
meet the standards (if any) prescribed by the Secretary
of Health and Human Services, and
``(B) consultation services relating to
breastfeeding.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Breastfeeding Promotion Act of 2007 - Amends the Civil Rights Act of 1964 to include lactation (breastfeeding, including expression of milk) as protected conduct under such Act. Amends the Internal Revenue Code to allow employers a business tax credit for breast pumps and other equipment to assist employed mothers to breastfeed or express milk for their children and for consultation services relating to breastfeeding. Safe and Effective Breast Pumps Act - Directs the Secretary of Health and Human Services to: (1) put into effect a performance standard for breast pumps irrespective of the class to which the breast pumps have been classified under the Federal Food, Drug, and Cosmetic Act; and (2) issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information respecting breast pumps. Expands the definition of medical care in the Internal Revenue Code for purposes of the tax deduction for medical expenses to include qualified breastfeeding equipment and services. | To amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers; to provide for a performance standard for breast pumps; and to provide tax incentives to encourage breastfeeding. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Precision Agriculture Connectivity
Act of 2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Precision agriculture technologies and practices allow
farmers to significantly increase crop yields, eliminate
overlap in operations, and reduce inputs such as seed,
fertilizer, pesticides, water, and fuel.
(2) These technologies allow farmers to collect data in
real time about their fields, automate field management, and
maximize resources.
(3) Studies estimate that precision agriculture
technologies can reduce agricultural operation costs by up to
25 dollars per acre and increase farm yields by up to 70
percent by 2050.
(4) The critical cost savings and productivity benefits of
precision agriculture cannot be realized without the
availability of reliable broadband Internet access service
delivered to the agricultural land of the United States.
(5) The deployment of broadband Internet access service to
unserved agricultural land is critical to the United States
economy and to the continued leadership of the United States in
global food production.
(6) Despite the growing demand for broadband Internet
access service on agricultural land, broadband Internet access
service is not consistently available where needed for
agricultural operations.
(7) The Federal Communications Commission has an important
role to play in the deployment of broadband Internet access
service on unserved agricultural land to promote precision
agriculture.
SEC. 3. TASK FORCE.
(a) Definitions.--In this section--
(1) the term ``broadband Internet access service''--
(A) means a mass-market retail service by wire or
radio that provides the capability to transmit data to
and receive data from all or substantially all Internet
endpoints, including any capabilities that are
incidental to and enable the operation of the
communications service, but excluding dial-up Internet
access service; and
(B) also encompasses any service that the
Commission finds to be providing a functional
equivalent of the service described in subparagraph
(A);
(2) the term ``Commission'' means the Federal
Communications Commission;
(3) the term ``Department'' means the Department of
Agriculture;
(4) the term ``Secretary'' means the Secretary of
Agriculture; and
(5) the term ``Task Force'' means the Task Force for
Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States established under subsection
(b).
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Commission shall establish the Task Force
for Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States.
(c) Duties.--
(1) In general.--The Task Force shall consult with the
Secretary, or a designee of the Secretary, and collaborate with
public and private stakeholders in the agriculture and
technology fields to--
(A) identify and measure current gaps in the
availability of broadband Internet access service on
agricultural land;
(B) develop policy recommendations to promote the
rapid, expanded deployment of broadband Internet access
service on unserved agricultural land, with a goal of
achieving reliable capabilities on 95 percent of
agricultural land in the United States by 2025;
(C) promote effective policy and regulatory
solutions that encourage the adoption of broadband
Internet access service on farms and ranches and
promote precision agriculture;
(D) recommend specific new rules or amendments to
existing rules of the Commission that the Commission
should issue to achieve the goals and purposes of the
policy recommendations described in subparagraph (B);
(E) recommend specific steps that the Commission
should take to obtain reliable and standardized data
measurements of the availability of broadband Internet
access service as may be necessary to target funding
support, from future programs of the Commission
dedicated to the deployment of broadband Internet
access service, to unserved agricultural land in need
of broadband Internet access service; and
(F) recommend specific steps that the Commission
should consider to ensure that the expertise of the
Secretary and available farm data are reflected in
future programs of the Commission dedicated to the
infrastructure deployment of broadband Internet access
service and to direct available funding to unserved
agricultural land where needed.
(2) No duplicate data reporting.--In performing the duties
of the Commission under paragraph (1), the Commission shall
ensure that no provider of broadband Internet access service is
required to report data to the Commission that is, on the day
before the date of enactment of this Act, required to be
reported by the provider of broadband Internet access service.
(3) Hold harmless.--The Task Force and the Commission shall
not interpret the phrase ``future programs of the Commission'',
as used in subparagraphs (E) and (F) of paragraph (1), to
include the universal service programs of the Commission
established under section 254 of the Communications Act of 1934
(47 U.S.C. 254).
(4) Consultation.--The Secretary, or a designee of the
Secretary, shall explain and make available to the Task Force
the expertise, data mapping information, and resources of the
Department that the Department uses to identify cropland,
ranchland, and other areas with agricultural operations that
may be helpful in developing the recommendations required under
paragraph (1).
(5) List of available federal programs and resources.--Not
later than 180 days after the date of enactment of this Act,
the Secretary and the Commission shall jointly submit to the
Task Force a list of all Federal programs or resources
available for the expansion of broadband Internet access
service on unserved agricultural land to assist the Task Force
in carrying out the duties of the Task Force.
(d) Membership.--
(1) In general.--The Task Force shall be--
(A) composed of not more than 15 voting members who
shall--
(i) be selected by the Chairman of the
Commission, in consultation with the Secretary;
and
(ii) include--
(I) agricultural producers
representing diverse geographic regions
and farm sizes, including owners and
operators of farms of less than 100
acres;
(II) an agricultural producer
representing tribal agriculture;
(III) Internet service providers,
including regional or rural fixed and
mobile broadband Internet access
service providers and
telecommunications infrastructure
providers;
(IV) representatives from the
electric cooperative industry;
(V) representatives from the
satellite industry;
(VI) representatives from precision
agriculture equipment manufacturers,
including drone manufacturers,
manufacturers of autonomous
agricultural machinery, and
manufacturers of farming robotics
technologies;
(VII) representatives from State
and local governments; and
(VIII) representatives with
relevant expertise in broadband network
data collection, geospatial analysis,
and coverage mapping; and
(B) fairly balanced in terms of technologies,
points of view, and fields represented on the Task
Force.
(2) Period of appointment; vacancies.--
(A) In general.--A member of the Task Force
appointed under paragraph (1)(A) shall serve for a
single term of 2 years.
(B) Vacancies.--Any vacancy in the Task Force--
(i) shall not affect the powers of the Task
Force; and
(ii) shall be filled in the same manner as
the original appointment.
(3) Ex-officio member.--The Secretary, or a designee of the
Secretary, shall serve as an ex-officio, nonvoting member of
the Task Force.
(e) Reports.--Not later than 1 year after the date on which the
Commission establishes the Task Force, and annually thereafter, the
Task Force shall submit to the Chairman of the Commission a report,
which shall be made public not later than 30 days after the date on
which the Chairman receives the report, that details--
(1) the status of fixed and mobile broadband Internet
access service coverage of agricultural land;
(2) the projected future connectivity needs of agricultural
operations, farmers, and ranchers; and
(3) the steps being taken to accurately measure the
availability of broadband Internet access service on
agricultural land and the limitations of current, as of the
date of the report, measurement processes.
(f) Termination.--The Commission shall renew the Task Force every 2
years until the Task Force terminates on January 1, 2025.
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
this Act. This Act shall be carried out using amounts otherwise
authorized.
Passed the House of Representatives July 23, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Precision Agriculture Connectivity Act of 2018 (Sec. 3) This bill requires the Federal Communications Commission (FCC) to establish the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States. The task force's duties include: identifying and measuring current gaps in the availability of broadband Internet access service on agricultural land; developing policy recommendations to promote the rapid, expanded deployment of fixed and mobile broadband Internet access service on unserved agricultural land, with a goal of achieving reliable capabilities on 95% of agricultural land in the United States by 2025; promoting effective policy and regulatory solutions that encourage the adoption of broadband Internet access service on farms and ranches and promote precision agriculture; recommending specific new rules or amendments to existing FCC rules; recommending specific steps that the FCC should take to obtain reliable and standardized data measurements of the availability of broadband Internet access service as necessary to target funding support, from future FCC programs dedicated to the deployment of such service, to unserved agricultural land; and recommending specific steps that the FCC should consider to ensure that the expertise of the Department of Agriculture (USDA) and available farm data are reflected in such future FCC programs. USDA and the FCC shall jointly submit to the task force a list of all federal programs or resources available for the expansion of broadband Internet access service on unserved agricultural land. The task force must submit annually to the FCC a report that details: (1) the status of fixed and mobile broadband Internet access service coverage of agricultural land; (2) the projected future connectivity need of agricultural operations, farmers, and ranchers; and (3) steps taken to accurately measure the availability of broadband Internet access service on agricultural land and the limitations of current measurement processes. The FCC shall renew the task force every two years until it terminates on January 1, 2025. (Sec. 4) No additional funds are authorized to carry out this bill. | Precision Agriculture Connectivity Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Trade With Cuba Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) with the end of the Cold War and the collapse of the
Soviet Union, Cuba is no longer a threat to the United States
or the Western Hemisphere;
(2) the continuation of the embargo on trade between the
United States and Cuba that was declared in February of 1962 in
counterproductive, adding to the hardships of the Cuban people
while making the United States the scapegoat for the failures
of the communist system;
(3) in the former Soviet Union, the Eastern bloc countries,
China, and Vietnam, the United States is using economic,
cultural, academic, and scientific engagement to support its
policy of promoting democratic and human rights reforms; and
(4) the United States can best support democratic change in
Cuba by promoting trade and commerce, travel, communications,
and cultural, academic, and scientific exchanges.
SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS
WITH CUBA.
(a) Authority for Embargo and Sugar Quota.--Section 620(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.
(b) Trading With the Enemy Act.--The authorities conferred upon the
President by section 5(b) of the Trading With the Enemy Act, which were
being exercised with respect to Cuba on July 1, 1977, as a result of a
national emergency declared by the President before that date, and are
being exercised on the day before the effective date of this Act, may
not be exercised on or after such effective date with respect to Cuba.
Any regulations in effect on the day before such effective date
pursuant to the exercise of such authorities shall cease to be
effective on such date.
(c) Exercise of Authorities Under Other Provisions of Law.--
(1) Removal of prohibitions.--Any prohibition on exports to
Cuba that is in effect on the day before the effective date of
this Act under the Export Administration Act of 1979 shall
cease to be effective on such effective date.
(2) Authority for new restrictions.--The President may, on
and after the effective date of this Act--
(A) impose export controls with respect to Cuba
under section 5, 6(j), 6(l), or 6(m) of the Export
Administration Act of 1979, and
(B) exercise the authorities he has under the
International Emergency Economic Powers Act with
respect to Cuba pursuant to a declaration of national
emergency required by that Act that is made on account
of an unusual and extraordinary threat, that did not
exist before the enactment of this Act, to the national
security, foreign policy, or economy of the United
States.
(d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22
U.S.C. 6001 and following) is repealed.
(e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996.--
(1) Repeal.--The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 is repealed.
(2) Conforming amendments.--(A) Section 498A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295a) is amended--
(i) in subsection (a)(11) by striking ``and
intelligence facilities, including the military and
intelligence facilities at Lourdes and Cienfuegos,''
and inserting ``facilities,'';
(ii) in subsection (b)--
(I) in paragraph (4) by adding ``and''
after the semicolon;
(II) by striking paragraph (5); and
(III) by redesignating paragraph (6) as
paragraph (5); and
(iii) by striking subsection (d).
(B) Section 498B(k) of the Foreign Assistance Act of 1961
(22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and
(4).
(C) Section 1611 of title 28, United States Code, is
amended by striking subsection (c).
(D) Sections 514 and 515 of the International Claims
Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are
repealed.
(f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The
Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of
H.R. 5426, as enacted into law by section 1(a) of Public Law 106-387,
and as contained in the appendix of such Public Law) is amended--
(1) in section 906(a)(1)--
(A) by striking ``to Cuba or''; and
(B) by inserting ``(other than Cuba)'' after ``to
the government of a country'';
(2) in section 908--
(A) by striking subsection (b);
(B) in subsection (a)--
(i) by striking ``Prohibition'' and all
that follows through ``(1) In general.--'' and
inserting ``In General.--''
(ii) by striking ``for exports to Cuba
or'';
(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as
subsection (b) (and conforming the margin
accordingly); and
(C) in subsection (b) (as redesignated), by
striking ``paragraph (1)'' and inserting ``subsection
(a)'';
(3) by striking section 909;
(4) by striking section 910; and
(5) by redesignating section 911 as section 909.
(g) Repeal of Prohibition on Transactions or Payments With Respect
to Certain United States Intellectual Property.--Section 211 of the
Department of Commerce and Related Agencies Appropriations Act, 1999
(as contained in section 101(b) of division A of Public Law 105-277;
112 Stat. 2681-88) is repealed.
(h) Termination of Denial of Foreign Tax Credit With Respect to
Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue
Code of 1986 (relating to denial of foreign tax credit, etc., with
respect to certain foreign countries) is amended by adding at the end
thereof the following new flush sentence:
``Notwithstanding the preceding sentence, this
subsection shall not apply to Cuba after the date which
is 60 days after the date of the enactment of this
sentence.''.
(i) Sugar Quota Prohibition Under Food Security Act of 1985.--
Section 902(c) of the Food Security Act of 1985 is repealed.
SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.
Any common carrier within the meaning of section 3 of the
Communications Act of 1934 (47 U.S.C. 153) is authorized to install,
maintain, and repair telecommunications equipment and facilities in
Cuba, and otherwise provide telecommunications services between the
United States and Cuba. The authority of this section includes the
authority to upgrade facilities and equipment.
SEC. 5. TRAVEL.
(a) In General.--Travel to and from Cuba by individuals who are
citizens or residents of the United States, and any transactions
ordinarily incident to such travel, may not be regulated or prohibited
if such travel would be lawful in the United States.
(b) Transactions Incident to Travel.--Any transactions ordinarily
incident to travel which may not be regulated or prohibited under
subsection (a) include, but are not limited to--
(1) transactions ordinarily incident to travel or
maintenance in Cuba; and
(2) normal banking transactions involving foreign currency
drafts, traveler's checks, or other negotiable instruments
incident to such travel.
SEC. 6. DIRECT MAIL DELIVERY TO CUBA.
The United States Postal Service shall take such actions as are
necessary to provide direct mail service to and from Cuba, including,
in the absence of common carrier service between the 2 countries, the
use of charter providers.
SEC. 7. NEGOTIATIONS WITH CUBA.
(a) Negotiations.--The President should take all necessary steps to
conduct negotiations with the Government of Cuba--
(1) for the purpose of settling claims of nationals of the
United States against the Government of Cuba for the taking of
property by such government; and
(2) for the purpose of securing the protection of
internationally recognized human rights.
(b) Definitions.--As used in this section, the terms ``national of
the United States'' and ``property'' have the meanings given those
terms in section 502 of the International Claims Settlement Act of 1949
(22 U.S.C. 1643a).
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act. | Free Trade With Cuba Act - Amends the Foreign Assistance Act of 1961 (including other specified laws) to repeal the embargo placed upon all trade with Cuba.Amends the Internal Revenue Code to declare the denial of foreign tax credit inapplicable to Cuba.Permits: (1) installation and maintenance of telecommunications equipment and facilities in Cuba, including telecommunications services between the United States and Cuba; and (2) travel to and from Cuba by U.S. citizens or residents.Requires the U.S. Postal Service to provide direct mail service to and from Cuba.Urges the President to take all necessary steps to conduct negotiations with the Government of Cuba to: (1) settle claims of U.S. nationals against Cuba for the taking of property; and (2) secure protection of internationally recognized human rights. | A bill to lift the trade embargo on Cuba, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Property Rights Protection
and Government Accountability Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress has the power to regulate commerce among the
several States and Indian tribes;
(2) property rights are essential to interstate commerce,
ensuring that individuals make the best economic use of their
property;
(3) potential residents and businesses may avoid
communities that have a record of taking private property for
private economic development;
(4) public takings for private purposes are harmful to
communities and to interstate commerce;
(5) public taking of private property for economic
development is not a traditional nor sound function of State or
local government; and
(6) in order to promote and protect interstate commerce,
public takings for private purposes should be prohibited.
SEC. 3. PROHIBITION ON ECONOMIC DEVELOPMENT FUNDS.
Any State or political subdivision of a State that carries out a
public taking for any private purpose in or affecting interstate
commerce shall not be eligible to receive any Federal economic
development funds for a period of 10 fiscal years.
SEC. 4. INJUNCTIVE RELIEF AND RESTORATION TO OWNER.
(a) Cause of Action.--Any owner of private property that is subject
to a public taking described in section 3 may bring an action in the
appropriate Federal or State court to obtain injunctive and declaratory
relief.
(b) Attorneys' Fee and Other Costs.--In any action or proceeding
under this section, the court shall allow a prevailing plaintiff a
reasonable attorneys' fee as part of the costs, and include expert fees
as part of the attorneys' fee.
SEC. 5. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Private purpose.--
(A) In general.--The term ``private purpose'', with
regard to property that has been acquired and conveyed
through a public taking, means the ownership, control,
or use of such property by a private party or parties
that advances the economic interests of the private
party or parties. Such term includes but is not limited
to the following:
(i) Any use of such property in an economic
development plan of which the benefit to the
public is increased tax revenue, increased
employment, or other indirect benefit.
(ii) The lease of such property to a
private party or parties for private
development, including commercial, industrial,
or residential development.
(iii) Any control of such property by a
private party that--
(I) excludes a general public use
or benefit; or
(II) primarily benefits the private
party or parties and benefits the
public indirectly.
(B) Exceptions.--Such term shall not include--
(i) conveying private property to public
ownership, such as for a road, hospital, or
prison, or to an entity, such as a common
carrier, that makes the property available for
use by the general public as of right, such as
a railroad, public utility, or public facility,
or for use as a right of way, aqueduct,
pipeline, or similar use;
(ii) acquiring property to eliminate
harmful uses of the property, provided such
uses present an imminent and substantial danger
to the public health or welfare;
(iii) leasing property to a private person
or entity that occupies an incidental part of
public property or a public facility, such as a
retail establishment on the ground floor of a
public building;
(iv) acquiring abandoned property; and
(v) clearing defective chains of title.
(2) Federal economic development funds.--The term ``Federal
economic development funds'' means any Federal funds--
(A) administered by the Secretary of Commerce, the
Secretary of Energy, or the Administrator of the
Environmental Protection Agency, and distributed to or
through States or political subdivisions of States, to
the extent such funds are not provided to assist States
or political subdivisions of States in complying with
any requirements of Federal law or regulation; or
(B) distributed to or through States or political
subdivisions of States under Federal laws and whose
purpose is to promote interstate commerce and improve
or increase the size of the economies of States or
political subdivisions of States.
(3) Public taking.--The term ``public taking'' means an
action by a State or political subdivision of a State or by any
person or entity to which such power has been delegated that
transfers all or part of the legal rights in property from a
private owner to another person or to public ownership without
the consent of the private owner. | Private Property Rights Protection and Government Accountability Act - Makes any state or political subdivision thereof that carries out a public taking for any private purpose in or affecting interstate commerce ineligible for any federal economic development funds for ten fiscal years.
Entitles any owner of private property subject to such a taking to injunctive and declaratory relief. | To authorize appropriations for the Department of Commerce and to prohibit Federal economic development funds to States that carry out public takings for private purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Long-Term Care Hospital
Improvement Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Long-term care hospitals (in this section referred to
as ``LTCHs'') serve a valuable role in the post-acute care
continuum by providing care to medically complex patients
needing long hospital stays.
(2) The Medicare program should ensure that patients
receive post-acute care in the most appropriate setting. The
use of additional certification criteria for LTCHs, including
facility and patient criteria, will promote the appropriate
placement of severely ill patients into LTCHs. Further, patient
admission screening tools and continued stay and discharge
assessment tools can guide appropriate patient placement.
(3) Certain long-term care diagnosis related groups (LTC-
DRGs) are associated with higher severity of illness levels, as
measured by the APR-DRG system, and that patients grouped into
those LTC-DRGs are predicted to be appropriate for LTCH
services.
(4) Measuring and reporting on quality of care is an
important function of any Medicare provider and that a national
quality initiative for LTCHs should be similar to short-term
general acute care hospitals in the Medicare program.
(5) To conform the prospective payment system for LTCHs
with certain aspects of the prospective payment system for
short-term general acute care hospitals and promote payment
stability, the Secretary of Health and Human Services (in this
Act referred to as the ``Secretary'') should--
(A) perform an annual market basket update;
(B) conduct the LTC-DRG reweighting and wage level
adjustments in a budget neutral manner each year;
(C) not perform a proposed one-time budget
neutrality adjustment, and
(D) not extend the 25 percent limitation on
reimbursement of co-located hospital patient admissions
to freestanding LTCHs.
SEC. 3. NEW DEFINITION OF A LONG-TERM CARE HOSPITAL WITH FACILITY AND
PATIENT CRITERIA.
(a) Definition.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended by adding at the end the following new subsection:
``Long-Term Care Hospital
``(ccc) The term `long-term care hospital' means an institution
which--
``(1) is primarily engaged in providing inpatient care, by
or under the supervision of a physician, to medically complex
patients needing long hospital stays;
``(2) has an average inpatient length of stay (as
determined by the Secretary) for Medicare beneficiaries of
greater than 25 days, or as otherwise defined in section
1886(d)(1)(B)(iv);
``(3) satisfies the requirements of paragraphs (2) through
(9) of subsection (e), except the first sentence of paragraph
(9);
``(4) meets the following facility criteria:
``(A) the institution has a patient review process,
documented in the patient medical record, that screens
patients prior to admission, validates within 48 hours
of admission that patients meet admission criteria,
regularly evaluates patients throughout their stay, and
assesses the available discharge options when patients
no longer meet the continued stay criteria;
``(B) the institution applies a standard patient
assessment tool, as determined by the Secretary, that
is a valid clinical tool appropriate for this level of
care, uniformly used by all long-term care hospitals,
to measure the severity of illness and intensity of
service requirements for patients for the purposes of
making admission, continuing stay and discharge medical
necessity determinations taking into account the
medical judgment of the patient's physician, as
provided for under sections 1814(a)(3) and
1835(a)(2)(B);
``(C) the institution has active physician
involvement with patients during their treatment
through an organized medical staff, on-site physician
presence and physician review of patient progress on a
daily basis, and consulting physicians on call and
capable of being at the patient's side within a
moderate period of time, as determined by the
Secretary;
``(D) the institution has interdisciplinary team
treatment for patients, requiring interdisciplinary
teams of health care professionals, including
physicians, to prepare and carry out an individualized
treatment plan for each patient; and
``(E) the institution maintains a minimum staffing
level of licensed health care professionals, as
determined by the Secretary, to ensure that long-term
care hospitals provide an intensive level of care that
is sufficient to meet the needs of medically complex
patients needing long hospital stays; and
``(5) meets patient criteria relating to patient mix and
severity appropriate to the medically complex cases that long-
term care hospitals are uniquely designed to treat, as measured
under section 1886(m).''.
(b) New Patient Criteria for Long-Term Care Hospital Prospective
Payment.--Section 1886 of such Act (42 U.S.C. 1395ww) is amended by
adding at the end the following new subsection:
``(m) Patient Criteria for Prospective Payment to Long-Term Care
Hospitals.--
``(1) In general.--To be eligible for prospective payment
as a long-term care hospital, a long-term care hospital must
discharge the percentage established in paragraph (4) of each
hospital's total patients who are entitled to benefits under
part A and who were admitted with one or more of the medical
conditions specified in paragraph (2).
``(2) Selection of ltc-drgs.--The Secretary shall determine
the long-term care diagnosis related groups (LTC-DRGs) under
section 307(b) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000, that are associated
with a high severity of illness for the following specified
medical conditions:
``(A) Circulatory conditions.
``(B) Digestive, endocrine, and metabolic
conditions.
``(C) Infectious disease.
``(D) Neurological conditions.
``(E) Renal conditions.
``(F) Respiratory conditions.
``(G) Skin conditions.
``(H) Other medically complex conditions as defined
by the Secretary.
``(3) Change to different patient classification system.--
If the Secretary changes the patient classification system for
the long-term care hospital prospective payment system (LTCH
PPS) to a classification system other than the long-term care
diagnosis related group (LTC-DRG) system, the Secretary shall
determine the new patient classification categories that are
associated with a high severity of illness for the medical
conditions specified in paragraph (2) in a manner that
maintains the same proportion of Medicare discharges as the
long-term care diagnosis related groups (LTC-DRGs) in effect at
the time.
``(4) Percentage of medicare patient discharges.--
``(A) In general.--Subject to subparagraph (B), for
each long-term care hospital, the proportion of
discharges from the long-term care diagnosis related
groups (LTC-DRGs) determined under paragraph (2), or
other patient classification categories designated
pursuant to paragraph (3) if applicable, in a cost
reporting year must be a percentage, as determined by
the Secretary, that is not less than 50 percent and not
greater than 75 percent.
``(B) Transition period.--The Secretary shall
provide for a three-year transition period beginning on
October 1, 2007, for hospitals that were certified as
long-term care hospitals before such date. The
applicable proportion of cases in the first year of the
transition period shall be not less than 50 percent.
``(5) Noncompliance.--If a long-term care hospital in a
cost reporting year does not discharge more than the applicable
proportion of cases specified in paragraph (4), then the
hospital must demonstrate in a period of five out of six
consecutive months at the end of the hospital's next cost
reporting year that it meets the applicable proportion of cases
in paragraph (4). If the hospital cannot make such a
demonstration, then the hospital shall be paid for all cases
after the hospital's next cost reporting year as a subsection
(d) hospital under subsection (d).''.
(c) Negotiated Rulemaking to Develop LTCH Facility and Patient
Criteria.--The Secretary shall promulgate regulations to carry out the
amendments made by this section on an expedited basis and using a
negotiated rulemaking process under subchapter III of chapter 5 of
title 5, United States Code.
(d) Effective Date.--The amendments made by this section shall
apply to discharges occurring on or after October 1, 2007.
SEC. 4. LTCH QUALITY IMPROVEMENT INITIATIVE.
(a) Study to Establish Quality Measures.--The Secretary shall
conduct a study (in this section referred to as the ``study'') to
determine appropriate quality measures for Medicare patients receiving
care in LTCHs.
(b) Report.--The Secretary shall report to Congress by October 1,
2007, on the results of the study.
(c) Selection of Quality Measures.--Subject to subsection (e), the
Secretary shall choose 3 quality measures from the study to be reported
by LTCHs.
(d) Requirement for Submission of Data.--
(1) In general.--LTCHs must collect data on the three
quality measures chosen under subsection (c) and submit all
required quality data to the Secretary.
(2) Failure to submit data.--Any LTCH which does not submit
the required quality data to the Medicare program in any fiscal
year shall have the applicable LTCH market basket under section
1886 reduced by not more than 0.4 percent.
(e) Expansion of Quality Measures.--The Secretary may expand the
number of quality indicators required to be reported by LTCHs under the
study. If the Secretary adds other measures, the measures shall reflect
consensus among the affected parties. The Secretary may replace any
measures in appropriate cases, such as where all hospitals are
effectively in compliance or where measures have been shown not to
represent the best clinical practice.
(f) Availability of Data to Public.--The Secretary shall establish
procedures for making the quality data submitted under this section
available to the public.
SEC. 5. CONFORMING LTCH PPS UPDATES TO THE INPATIENT PPS.
(a) Requiring Annual Updates of Base Rates and Wage Indices and
Annual Updates and Reweighting of LTC-DRGs.--The second sentence of
section 307(b) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 is amended by inserting before
the period at the end the following: ``, and shall provide (consistent
with updating and reweighting provided for subsection (d) hospitals
under paragraphs (2)(B)(ii), (3)(D)(iii), and (3)(E) of section 1886 of
the Social Security Act) for an annual update under such system in
payment rates, in the wage indices (in a budget neutral manner), in the
classification and reweighting (in a budget neutral manner) of the
diagnosis-related groups applied under such system''. Pursuant to the
amendment made by paragraph (1), the Secretary shall provide annual
updates to the LTCH base rate, as is specified for the IPPS at section
1886(d)(2)(B)(ii) of the Social Security Act (42 U.S.C.
1395ww(d)(2)(B)(ii)). The Secretary shall annually update and reweight
the LTC-DRGs under section 307(b) of the Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection Act of 2000 or an alternative
patient classification system in a budget neutral manner, consistent
with such updating and reweighting applied under section
1886(d)(3)(D)(iii) of the Social Security Act (42 U.S.C.
1395ww(d)(3)(D)(iii)). The Secretary shall annually update wage levels
for LTCHs in a budget neutral manner, consistent with such annual
updating applied under section 1886(d)(3)(E) of the Social Security Act
(42 U.S.C. 1395ww(d)(3)(E)).
(b) Elimination of One-Time Budget Neutrality Adjustment.--The
Secretary shall not make a one-time prospective adjustment to the LTCH
PPS rates under section 412.523(d)(3) of title 42, Code of Federal
Regulations, or otherwise conduct any budget neutrality adjustment to
address such rates during the transition period specified in section
412.533 of such title from cost-based payment to the prospective
payment system for LTCHs.
(c) No Application of 25 Percent Patient Threshold Payment
Adjustment to Freestanding LTCHs.--The Secretary shall not extend the
25 percent (or applicable percentage) patient threshold payment
adjustment under section 412.534 of title 42, Code of Federal
Regulations, or any similar provision, to freestanding LTCHs. | Medicare Long-Term Care Hospital Improvement Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to prescribe requirements for a long-term care hospital (LTCH) and patient criteria for prospective payment to an LTCH.
Directs the Secretary of Health and Human Services to: (1) determine the LTCH diagnosis related groups (LTCH-DRGs) associated with a high severity of illness for specified medical conditions; and (2) study and report to Congress on appropriate quality measures for Medicare patients receiving care in LTCHs.
Directs the Secretary to choose three quality measures from the study for LTCHs to report.
Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 to require annual updates of LTCH base rates and wage indices and the reweighting of LTCH-DRGs.
Prohibits the Secretary from extending application of the 25% (or applicable percentage) patient threshold payment adjustment to freestanding LTCHs. | To amend title XVIII of the Social Security Act to ensure and foster continued patient quality of care by establishing facility and patient criteria for long-term care hospitals and related improvements under the Medicare Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Transportation Systems
Vulnerability Assessment and Reduction Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Frontline transit employee.--The term ``frontline
transit employee'' means an employee of a mass transportation
agency who is a bus or rail operator, mechanic, customer
service representative, maintenance employee, or transit police
or security officer and other individuals designated by the
Secretary.
(2) Eligible transportation agency.--The term ``eligible
transportation agency'' means a designated recipient as defined
in section 5307(a) of title 49, United States Code, and any
other transportation agency designated by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. ADMINISTRATION OF DUTIES.
All duties vested in the Secretary under this Act shall be carried
out by the Secretary acting jointly with the Secretary of
Transportation.
SEC. 4. PUBLIC TRANSPORTATION SYSTEMS VULNERABILITY ASSESSMENTS.
(a) Assessment.--The Secretary shall--
(1) conduct a review of all government assessments
conducted after September 11, 2001, of terrorist-related
threats to all forms of public transportation, including public
gathering areas related to public transportation;
(2) ensure that the assessment of each public
transportation system identifies--
(A) the critical assets of the system;
(B) threats to those assets;
(C) security weaknesses in the system and its
assets;
(D) redundant and backup systems required to ensure
the continued operation of critical elements of the
system in the event of an attack or other incident; and
(E) the extent to which frontline transit employees
have received training in security awareness and
emergency preparedness and response procedures; and
(3) as necessary, conduct additional assessments of
vulnerabilities associated with any public transportation
system.
(b) Reports.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall transmit to the
President and Congress a report on the results of the review
and assessments conducted under this subsection (a), including
the Secretary's recommendations for legislative and
administrative actions.
(2) Updates.--The Secretary shall update the report
annually for 2 years and transmit the updated reports to the
President and Congress.
SEC. 5. GRANTS FOR EMERGENCY PREPAREDNESS AND RESPONSE TRAINING OF
FRONTLINE TRANSIT EMPLOYEES.
(a) In General.--The Secretary may make grants to eligible
transportation agencies for--
(1) the training of frontline transit employees in
emergency preparedness and response activities; and
(2) the acquisition of equipment and technologies, approved
by the Secretary, to assist in carrying out such training and
activities.
(b) Training Activities.--Training activities under subsection
(a)(1) may include the teaching of best practice methods, planning,
testing, drills, and the development of agency and regional emergency
preparedness and response programs.
(c) Applications.--To be eligible for a grant under this section,
an eligible transportation agency shall submit to the Secretary an
application at the time and containing the information that the
Secretary requires by regulation.
(d) Terms and Conditions.--A grant to an eligible transportation
agency in a fiscal year under this section shall be subject to the
following terms and conditions:
(1) Emergency management committee.--The agency shall
certify that the agency will establish a committee on emergency
preparedness and response training consisting of at least one
frontline transit employee representative and at least one
management employee representative. The committee shall be
composed of an equal number of frontline transit employee
representatives and management employee representatives.
Committee positions shall not be vacant for any period in the
fiscal year of more than 30 days.
(2) Report.--The agency shall agree to submit to the
Secretary before the last day of the fiscal year a report on
the use of the grant, including a statement of the number of
frontline transit employees receiving training under the grant.
(e) Other Requirements.--Except as otherwise specifically provided
by this section, a grant under this section shall be subject to--
(1) the terms and conditions that apply to grants made
under section 5307 of title 49, United States Code; and
(2) other terms and conditions determined by the Secretary.
(f) Allocation of Grant Amounts.--The Secretary shall allocate
amounts made available for grants under this section in a fiscal year
among eligible transportation agencies based on the needs of the
agencies for emergency preparedness and response training and
equipment. Not less than 10 percent of such amounts shall be allocated
to eligible transportation agencies in nonurban areas.
(g) Federal Share.--The Federal share of the cost of activities
funded using amounts from a grant under this section may not exceed 90
percent.
(h) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall issue final regulations to
carry out this section.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of Homeland
Security to carry out this Act $25,000,000 for each of fiscal years
2006 through 2009. Such amounts shall remain available until expended. | Public Transportation Systems Vulnerability Assessment and Reduction Act of 2005 - Directs the Secretary of Homeland Security (Secretary) to: (1) review all government assessments conducted after September 11, 2001, of terrorist-related threats to all forms of public transportation, including related public gathering areas; (2) ensure that the assessments identify the critical assets of the system, including threats, and identify the extent to which backup systems ensure continued operation of the system in the event of an attack and the extent frontline transit employees have received training in security awareness, emergency preparedness, and response procedures; and (3) conduct, as necessary, additional assessments of vulnerabilities associated with any public transportation system.
Authorizes the Secretary to make grants to eligible transportation agencies for: (1) the training of frontline transit employees in emergency preparedness and response activities; and (2) the acquisition of approved equipment and technologies to assist in carrying them out. Requires allocation of grant amounts among eligible transportation agencies based on need for emergency preparedness and response training and equipment, earmarking at least ten percent of such amounts to eligible transportation agencies in non-urban areas. | To direct the Secretary of Homeland Security to carry out activities to assess and reduce the vulnerabilities of public transportation systems. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Offender Tracking and
Identification Act of 1996''.
SEC. 2. OFFENDER REGISTRATION.
(a) Establishment of FBI Database.--Subtitle A of title XVII of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071)
is amended by adding at the end the following new section:
``SEC. 170102. FBI DATABASE.
``(a) Definitions.--For purposes of this section--
``(1) the term `FBI' means the Federal Bureau of
Investigation;
``(2) the terms `criminal offense against a victim who is a
minor', `sexually violent offense', `sexually violent
predator', `mental abnormality', and `predatory' have the same
meanings as in section 170101(a)(3); and
``(3) the term `minimally sufficient sexual offender
registration program' means any State sexual offender
registration program that--
``(A) requires the registration of each offender
who is convicted of an offense described in
subparagraph (A) or (B) of section 170101(a)(1);
``(B) requires that all information gathered under
such program be transmitted to the FBI in accordance
with subsection (g) of this section;
``(C) meets the requirements for verification under
section 170101(b)(3); and
``(D) requires that each person who is required to
register under subparagraph (A) shall do so for a
period of not less than 10 years beginning on the date
that such person was released from prison or placed on
parole, supervised release, or probation.
``(b) Establishment.--The Attorney General shall establish a
national database at the Federal Bureau of Investigation to track the
whereabouts and movement of--
``(1) each person who has been convicted of a criminal
offense against a victim who is a minor;
``(2) each person who has been convicted of a sexually
violent offense; and
``(3) each person who is a sexually violent predator.
``(c) Registration Requirement.--Each person described in
subsection (b) who resides in a State that has not established a
minimally sufficient sexual offender registration program shall
register a current address, a set of fingerprints of that person, and a
current photograph of that person with the FBI for inclusion in the
database established under subsection (b) for the time period specified
under subsection (d).
``(d) Length of Registration.--A person described in subsection (b)
who is required to register under subsection (c) shall continue to
comply with this section--
``(1) until 10 years after the date on which the person was
released from prison or placed on parole, supervised release,
or probation; or
``(2) for the life of the person, if that person--
``(A) has 2 or more convictions for an offense
described in subsection (b);
``(B) has been convicted of aggravated sexual
abuse, as defined in section 2241 of title 18, United
States Code, or in a comparable provision of State law;
or
``(C) has been determined to be a sexually violent
predator.
``(e) Verification.--
``(1) Persons convicted of an offense against a minor or a
sexually violent offense.--In the case of a person required to
register under subsection (c), on each anniversary of the
initial registration date during the period in which the person
is required to register under subsection (d)--
``(A) the FBI shall mail a nonforwardable
verification form to the last reported address of the
person;
``(B) the verification form shall be signed by the
person, and state whether the person still resides at
the address last reported to the FBI; and
``(C) the person shall mail the verification form,
along with a set of fingerprints and a current
photograph of that person, to the FBI not later than 10
days after receipt of the form.
``(2) Sexually violent predators.--Paragraph (1) shall
apply to a person described in subsection (b)(3), except that
such person must verify the registration once every 90 days
after the date of the initial release or commencement of parole
of that person.
``(f) Community Notification.--
``(1) In general.--Subject to paragraph (2), the FBI may
release relevant information concerning a person required to
register under subsection (c) that is necessary to protect the
public.
``(2) Identity of victim.--In no case shall the FBI release
the identity of any victim of an offense that requires
registration by the offender with the FBI.
``(g) Notification of FBI of Changes in Residence.--
``(1) Establishment of new residence.--For purposes of this
section, a person shall be deemed to have established a new
residence during any period in which that person resides for
not less than 10 days.
``(2) Persons required to register with the fbi.--Each
change of address by a person required to register under
subsection (c) shall be reported to the FBI not later than 10
days after that person establishes a new residence.
``(3) Interstate movement.--A person required to register
under subsection (c) or under a minimally sufficient offender
registration program, including a program established under
section 170101, who changes address to a State other than the
State in which the person resided at the time of the
immediately preceding registration shall, not later than 10
days after that person establishes a new residence, register a
current address, set of fingerprints, and photograph of that
person, for inclusion in the appropriate database, with--
``(A) the FBI; and
``(B) the State in which the new residence is
established.
``(4) Intrastate movement.--Any time any State agency in a
State with a minimally sufficient sexual offender registration
program, including a program established under section 170101,
is notified of a change of address by a person required to
register under such program within or outside of such State,
the State shall notify--
``(A) the law enforcement officials of the
jurisdiction to which, and the jurisdiction from which,
the person has relocated; and
``(B) the FBI.
``(5) Verification.--
``(A) Notification of local law enforcement
officials.--The FBI shall ensure that State and local
law enforcement officials of the jurisdiction from
which, and the State and local law enforcement
officials of the jurisdiction to which, a person
required to register under subsection (c) relocates are
notified of the new residence of such person.
``(B) Notification of fbi.--A State agency
receiving notification under this subsection shall
notify the FBI of the new residence of the offender.
``(C) Verification.--
``(i) State agencies.--If a State agency
cannot verify the address of or locate a person
required to register with a minimally
sufficient sexual offender registration
program, including a program established under
section 170101, the State shall immediately
notify the FBI.
``(ii) FBI.--If the FBI cannot verify the
address of or locate a person required to
register under subsection (c) or if the FBI
receives notification from a State under clause
(i), the FBI shall--
``(I) notify all States with a
minimally sufficient sexual offender
registration program, including a
program established under section
170101; and
``(II) add the name of the person
to the Wanted Persons Index.
``(h) Fingerprints.--
``(1) In general.--
``(A) FBI registration.--For each person required
to register under subsection (c), fingerprints shall be
obtained and verified by the FBI or a local law
enforcement official pursuant to regulations issued by
the Attorney General.
``(B) State registration systems.--In a State that
has a minimally sufficient sexual offender registration
program, including a program established under section
170101, fingerprints required to be registered with the
FBI under this section shall be obtained and verified
in accordance with State requirements. The State agency
responsible for registration shall ensure that the
fingerprints and all other information required to be
registered is registered with the FBI.
``(2) Fees.--The FBI may collect fees pursuant to title II
of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1991, under
the heading `Federal Bureau of Investigation' under the
subheading `salaries and expenses' to offset the costs of
fingerprint verification carried out under subsection (j)(2).
``(i) Penalty.--A person required to register under paragraph (1),
(2), or (3) of subsection (g) who knowingly fails to comply with this
section shall--
``(1) in the case of a first offense--
``(A) if the person has been convicted of 1 offense
described in subsection (b), be fined not more than
$100,000; or
``(B) if the person has been convicted of more than
1 offense described in subsection (b), be imprisoned
for up to 1 year and fined not more than $100,000; or
``(2) in the case of a second or subsequent offense, be
imprisoned for up to 10 years and fined not more than $100,000.
``(j) Release of Information.--The information collected by the FBI
under this section shall be disclosed by the FBI--
``(1) to Federal, State, and local criminal justice
agencies for--
``(A) law enforcement purposes; and
``(B) community notification in accordance with
section 170101(d)(3); and
``(2) to Federal, State, and local criminal justice
agencies conducting legitimate employment-related background
checks for private organizations under section 3 of the
National Child Protection Act of 1993 (42 U.S.C. 5119a).''.
SEC. 3. DURATION OF STATE REGISTRATION REQUIREMENT.
Section 170101(b)(6) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(6)) is amended to read as
follows:
``(6) Length of registration.--A person required to
register under subsection (a)(1) shall continue to comply with
this section until--
``(A) 10 years have elapsed since the person was
released from prison or placed on parole, supervised
release, or probation; or
``(B) for the life of that person if that person--
``(i) has 1 or more prior convictions for
an offense described in subsection (a)(1)(A);
or
``(ii) has been convicted of an aggravated
offense described in subsection (a)(1)(A); or
``(iii) has been determined to be a
sexually violent predator pursuant to
subsection (a)(2).''.
SEC. 4. STATE BOARDS.
Section 170101(a)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(a)(2)) is amended by inserting
before the period at the end the following: ``, victim rights
advocates, and representatives from law enforcement agencies''.
SEC. 5. FINGERPRINTS.
Section 170101 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14071) is amended by adding at the end the following
new subsection:
``(g) Fingerprints.--Each requirement to register under this
section shall be deemed to also require the submission of a set of
fingerprints of the person required to register, obtained in accordance
with regulations prescribed by the Attorney General under section
170102(h).''.
SEC. 6. VERIFICATION.
Section 170101(b)(3)(A)(iii) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(3)(A)(iii)) is amended by
adding at the end the following: ``The person shall include with the
verification form a set of fingerprints and a photograph of that
person.''.
SEC. 7. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall issue regulations to carry out this Act and the
amendments made by this Act.
SEC. 8. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
become effective 1 year after the date of enactment of this Act.
(b) Compliance by States.--Each State shall implement the
amendments made by sections 3, 4, 5, and 6 of this Act not later than 3
years after the date of enactment of this Act, except that the Attorney
General may grant an additional 2 years to a State that is making good
faith efforts to implement such amendments.
SEC. 9. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby. | Pam Lychner Sexual Offender Tracking and Identification Act of 1996 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct the Attorney General to establish a national database at the Federal Bureau of Investigation (FBI) to track the whereabouts and movement of each person who: (1) has been convicted of a criminal offense against a minor or a sexually violent offense; or (2) is a sexually violent predator. Requires each such person who resides in a State that has not established a minimally sufficient sexual offender registration program to register a current address, fingerprints, and a current photograph with the FBI for inclusion in such database, except during ensuing periods of incarceration: (1) until ten years after the date on which the person was released from prison or placed on parole, supervised release, or probation; or (2) for the life of the person if that person has two or more convictions for any such offense, has been convicted of aggravated sexual abuse under Federal law or comparable State law, or has been determined to be a sexually violent predator. Sets forth provisions regarding: (1) verification procedures; and (2) notification of the FBI of changes in residence. Authorizes the FBI to release relevant information concerning a person required to register that is necessary to protect the public, but prohibits the FBI from releasing the identity of any victim of an offense that requires registration. Requires fingerprints to be obtained and verified: (1) by the FBI or a local law enforcement official, pursuant to regulations issued by the Attorney General, for each person required to register; and (2) in accordance with State requirements in a State that has a minimally sufficient sexual offender registration program (minimally sufficient program). Directs the FBI, if it cannot verify the address of or locate a person required to register, or if it receives notification from a State that the State cannot do so under its program, to: (1) classify the person as being in violation of the registration requirements of the national database; and (2) add the name of the person to the National Crime Information Center Wanted person file and create a wanted persons record, provided that an arrest warrant which meets the requirements for entry into the file is issued in connection with the violation. Sets forth penalties for knowingly failing to register. Requires disclosure of the information collected by the FBI to: (1) Federal, State, and local criminal justice agencies for law enforcement and community notification purposes; and (2) Federal, State, and local governmental agencies responsible for conducting employment-related background checks for private organizations under the National Child Protection Act. Requires any State not having established a minimally sufficient program: (1) to notify each offender convicted of covered offenses, upon his or her release from prison or placement on parole, supervised release, or probation, of his or her duty to register; and (2) to notify the FBI of the release of each offender convicted of such offenses. (Sec. 3) Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to: (1) mandate that a person required to register continue to comply with requirements of such Act (except during ensuing periods of incarceration) for life if such individual has one or more prior convictions of a sexually violent offense against a minor (sexually violent offense), has been convicted of an aggravated sexually violent offense, or has been determined to be a sexually violent predator; (2) include victim rights advocates and representatives from law enforcement agencies on the State board that reports to the court regarding determinations that a person is or is no longer a sexually violent predator; (3) provide that each requirement to register also requires the submission of a set of fingerprints; and (4) require such person to include with the verification form fingerprints and a photograph. (Sec. 7) Requires the State law enforcement agency to immediately transmit specified information, including documentation of any treatment received for mental abnormality or personality disorder (currently, limited to conviction data and fingerprints) to the FBI for inclusion in the FBI database. (Sec. 8) Grants State and Federal law enforcement agencies and their employees and State and Federal officials immunity from liability for good faith conduct under this Act. (Sec. 10) Makes States failing to implement the program described in this Act ineligible to receive ten percent of the funds that would otherwise be allocated to the State under the drug control and system improvement grant program. | Pam Lychner Sexual Offender Tracking and Identification Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Marriage Violates the Human
Rights of Girls Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Child marriage, also known as ``forced marriage'' or
``early marriage'', is a harmful traditional practice that
deprives girls of their basic human rights.
(2) Child marriage as a traditional practice, as well as
through coercion or force, is a violation of article 16 of the
Universal Declaration of Human Rights, which states, ``Marriage
shall be entered into only with the free and full consent of
intending spouses.''.
(3) According to the United Nations Children's Fund
(UNICEF), an estimated 60,000,000 girls in developing countries
now ages 20 to 24 were married under the age of 18, and if
present trends continue, more than 100,000,000 more girls in
developing countries will be married as children over the next
decade, according to the Population Council.
(4) The rape, violent abuse, and physical exploitation of
young girls, at times as young as ten years old, are frequent
consequences of children forced into marriages in countries
such as Bangladesh where 57 percent of girls are married by age
15.
(5) Factors perpetuating child marriage include poverty, a
lack of educational or employment opportunities for girls,
parental concerns to ensure sexual relations within marriage,
the dowry system, and the perceived lack of value of girls.
(6) Child marriage has negative effects on girls' health,
including significantly increased risk of maternal death and
morbidity, obstetric fistula, sexually transmitted diseases,
including HIV/AIDS, and infant mortality and morbidity.
(7) Girls' schooling, creating safe community spaces for
girls, and programs for skills building for out-of-school girls
are all effective and evidence-based strategies for preventing
child marriage and creating a pathway to the empowerment of
girls by addressing conditions of poverty, low status, and
norms that contribute to child marriage.
(8) Secretary of State Hillary Rodham Clinton has stated
that, ``Stopping child marriage is not just a must for moral or
human rights reasons--it lays the foundation for so many other
things we hope to achieve. Primary education. Improved child
and maternal health. Sustainable economic development that
includes girls.''.
SEC. 3. CHILD MARRIAGE DEFINED.
In this Act, the term ``child marriage'' means the marriage of a
girl or boy, not yet the minimum age for marriage stipulated in law in
the country in which the girl or boy is a resident or, where there is
no such law, under the age of 18.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) child marriage is a violation of human rights and the
prevention and elimination of child marriage should be a
foreign policy goal of the United States;
(2) the practice of child marriage undermines United States
investments in foreign assistance to promote education and
skills building for girls, reduce maternal and child mortality,
reduce maternal illness, halt the transmission of HIV/AIDS,
prevent gender-based violence, and reduce poverty; and
(3) educational opportunities for girls, economic
opportunities for women, and reducing maternal and child
mortality are critical to achieving the global health and
development objectives of the United States, including efforts
to prevent HIV/AIDS.
SEC. 5. RESEARCH AND DATA.
(a) In General.--The Secretary of State, the Administrator of the
United States Agency for International Development, and the heads of
other relevant departments and agencies shall--
(1) collect and make publicly available data on the
incidence of child marriage in countries that receive foreign
or development assistance from the United States where the
practice of child marriage is prevalent, including to the
extent appropriate the countries listed in subsection (b); and
(2) collect and make publicly available data on the impact
of the incidence of child marriage and the age at marriage on
progress in meeting key development goals.
(b) Countries.--The countries referred to in subsection (a)(1) are
Afghanistan, Bangladesh, Burkina Faso, Cameroon, the Central African
Republic, Chad, the Democratic Republic of the Congo, the Dominican
Republic, Eritrea, Ethiopia, Guinea, Honduras, India, Madagascar,
Malawi, Mali, Mozambique, Nepal, Nicaragua, Niger, Nigeria, Senegal,
Sierra Leone, Tanzania, Uganda, and Zambia.
SEC. 6. DEPARTMENT OF STATE'S COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES.
The Foreign Assistance Act of 1961 is amended--
(1) in section 116 (22 U.S.C. 2151n), by adding at the end
the following new subsection:
``(g)(1) The report required by subsection (d) shall include, for
each country in which child marriage is prevalent, including to the
extent appropriate the countries listed in paragraph (2), a description
of the status of the practice of child marriage in such country and the
type and amount of United State foreign assistance being used for the
primary goal of preventing child marriage in such country.
``(2) The countries referred to in paragraph (1) are Afghanistan,
Bangladesh, Burkina Faso, Cameroon, the Central African Republic, Chad,
the Democratic Republic of the Congo, the Dominican Republic, Eritrea,
Ethiopia, Guinea, Honduras, India, Madagascar, Malawi, Mali,
Mozambique, Nepal, Nicaragua, Niger, Nigeria, Senegal, Sierra Leone,
Tanzania, Uganda, and Zambia.
``(3) In this subsection, the term `child marriage' means the
marriage of a girl or boy, not yet the minimum age for marriage
stipulated in law or under the age of 18 if no such law exists, in the
country in which such girl or boy is a resident.''; and
(2) in section 502B (22 U.S.C. 2304), by adding at the end
the following new subsection:
``(j)(1) The report required by subsection (b) shall include, for
each country in which child marriage is prevalent, including to the
extent appropriate the countries listed in paragraph (2), a description
of the status of the practice of child marriage in such country and the
type and amount of United State foreign assistance being used for the
primary goal of preventing child marriage in such country.
``(2) The countries referred to in paragraph (1) are Afghanistan,
Bangladesh, Burkina Faso, Cameroon, the Central African Republic, Chad,
the Democratic Republic of the Congo, the Dominican Republic, Eritrea,
Ethiopia, Guinea, Honduras, India, Madagascar, Malawi, Mali,
Mozambique, Nepal, Nicaragua, Niger, Nigeria, Senegal, Sierra Leone,
Tanzania, Uganda, and Zambia.
``(3) In this subsection, the term `child marriage' means the
marriage of a girl or boy, not yet the minimum age for marriage
stipulated in law or under the age of 18 if no such law exists, in the
country in which such girl or boy is a resident.''. | Child Marriage Violates the Human Rights of Girls Act of 2011 - Defines "child marriage" as the marriage of a girl or boy not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident, or where there is no such law, under the age of 18.
Expresses the sense of Congress that: (1) child marriage is a violation of human rights and its prevention and elimination should be a U.S. foreign policy goal; and (2) educational opportunities for girls, economic opportunities for women, and reducing maternal and child mortality are critical to U.S. global health and development objectives, including efforts to prevent HIV/AIDS.
Directs the Secretary of State, the Administrator of the United States Agency for International Development (USAID), and the heads of other relevant departments and agencies to collect and make available data on the incidence of child marriage in specified countries that receive U.S. foreign or development assistance where the practice of child marriage is prevalent.
Amends the Foreign Assistance Act of 1961 to require that Department of State reports on human rights practices for specified countries include a description of the status of child marriage for each country in which child marriage is prevalent. | To protect girls in developing countries through the prevention of child marriage, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congenital Heart Futures
Reauthorization Act of 2017''.
SEC. 2. NATIONAL CONGENITAL HEART DISEASE COHORT STUDY, SURVEILLANCE,
AND AWARENESS CAMPAIGN.
Section 399V-2 of the Public Health Service Act (42 U.S.C. 280g-13)
is amended--
(1) by amending the section heading to read as follows:
``national congenital heart disease cohort study, surveillance
system, and awareness campaign'';
(2) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Activities.--The Secretary shall--
``(A) enhance and expand research and surveillance
infrastructure to study and track the epidemiology of
congenital heart disease (in this section referred to
as `CHD') across the lifespan; and
``(B) plan and implement a public outreach and
education campaign regarding CHD across the lifespan.
``(2) Grants.--The Secretary may award grants to eligible
entities to carry out the activities described in subsections
(b), (c), and (d).'';
(3) in subsection (b)--
(A) in the heading, by striking ``Purpose'' and
inserting ``National Congenital Heart Disease
Surveillance System''; and
(B) by striking ``The purpose of the Congenital
Heart Disease Surveillance System shall be to
facilitate'' and inserting the following:
``(1) In general.--The Secretary shall establish a
Congenital Heart Disease Surveillance System for the purpose of
facilitating'';
(4) in subsection (c)--
(A) in paragraph (2), by redesignating
subparagraphs (A) through (E) as clauses (i) through
(v), respectively, and adjusting the margins
accordingly;
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and
adjusting the margins accordingly; and
(C) by redesignating such subsection (c) as
paragraph (2) of subsection (b) and adjusting the
margin accordingly;
(5) by striking subsections (d) and (e) and inserting the
following:
``(c) National Congenital Heart Disease Cohort Study.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall plan, develop, implement, and submit annual reports to
the Congress on research and surveillance activities of the
Centers for Disease Control and Prevention, including a cohort
study to improve understanding of the epidemiology of CHD
across the lifespan, from birth to adulthood, with particular
interest in the following:
``(A) Health care utilization and natural history
of individuals affected by CHD.
``(B) Demographic factors associated with CHD, such
as age, race, ethnicity, gender, and family history of
individuals who are diagnosed with the disease.
``(C) Outcome measures, such that analysis of the
outcome measures will allow derivation of evidence-
based best practices and guidelines for CHD patients.
``(2) Permissible considerations.--The study under this
subsection may--
``(A) gather data on the health outcomes of a
diverse population of those affected by CHD;
``(B) consider health disparities among those
affected by CHD which may include the consideration of
prenatal exposures; and
``(C) incorporate behavioral, emotional, and
educational outcomes of those affected by CHD.
``(3) Public access.--Subject to appropriate protections of
personal information, including protections required under
paragraph (4), data generated from the study under this
subsection and through the Congenital Heart Disease
Surveillance System under subsection (b) shall be made
available for purposes of CHD research and to the public.
``(4) Patient privacy.--The Secretary shall ensure that the
study under this subsection and the Congenital Heart Disease
Surveillance System under subsection (b) are carried out in a
manner that complies with the requirements applicable to a
covered entity under the regulations promulgated pursuant to
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996.
``(d) Congenital Heart Disease Awareness Campaign.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall establish and implement an awareness, outreach, and
education campaign regarding CHD across the lifespan. The
information expressed through such campaign may--
``(A) emphasize the prevalence of CHD;
``(B) identify CHD as a condition that affects
those diagnosed throughout their lives; and
``(C) promote the need for pediatric, adolescent,
and adult individuals with CHD to seek and maintain
lifelong, specialized care.
``(2) Permissible activities.--The campaign under this
subsection may--
``(A) utilize collaborations or partnerships with
other agencies, health care professionals, and patient
advocacy organizations that specialize in the needs of
individuals with CHD; and
``(B) include the use of print, film, or electronic
materials distributed via television, radio, Internet,
or other commercial marketing venues.'';
(6) by redesignating subsection (f) as subsection (e); and
(7) by adding at the end the following:
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2017 through 2021.''.
SEC. 3. CONGENITAL HEART DISEASE RESEARCH.
Section 425 of the Public Health Service Act (42 U.S.C. 285b-8) is
amended by adding the end the following:
``(d) Report From NIH.--Not later than 1 year after the date of
enactment of the Congenital Heart Futures Reauthorization Act of 2017,
the Director of NIH, acting through the Director of the Institute,
shall provide a report to Congress--
``(1) outlining the ongoing research efforts of the
National Institutes of Health regarding congenital heart
disease; and
``(2) identifying--
``(A) future plans for research regarding
congenital heart disease; and
``(B) the areas of greatest need for such
research.''. | Congenital Heart Futures Reauthorization Act of 2017 This bill amends the Public Health Service Act to replace the authorization for a National Congenital Heart Disease Surveillance System with a requirement for the Department of Health and Human Services, regarding congenital heart disease, to enhance and expand research and surveillance infrastructure, and to plan and implement a public outreach and education campaign. (Congenital heart disease is a condition caused by a heart defect that is present at birth.) The Centers for Disease Control and Prevention must conduct: (1) a study of congenital heart disease, from birth to adulthood, that considers health care utilization, demographic factors, and outcomes; and (2) an awareness, outreach, and education campaign regarding congenital heart disease. Data from the study must be made available to the public. The National Heart, Lung, and Blood Institute must report on its ongoing research efforts regarding congenital heart disease, future plans for such research, and areas of greatest need for such research. | Congenital Heart Futures Reauthorization Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SOAR to Health and Wellness Act of
2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' as defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. PILOT PROGRAM ESTABLISHMENT.
(a) In General.--The Secretary shall establish a pilot program to
be known as ``Stop, Observe, Ask, and Respond to Health and Wellness
Training'' (or ``SOAR to Health and Wellness Training'') (referred to
in this Act as the ``pilot program''), to provide training to health
care providers and other related providers, at all levels, on human
trafficking in accordance with the purpose described in subsection (b).
(b) Purpose.--The pilot program established under subsection (a)
shall train health care providers and other related providers to enable
such providers to--
(1) identify potential human trafficking victims;
(2) implement proper protocols and procedures for working
with law enforcement to report, and facilitate communication
with such victims, in accordance with all applicable Federal,
State, local, and tribal requirements, including legal
confidentiality requirements for patients and health care
providers;
(3) implement proper protocols and procedures for referring
such victims to appropriate social or victims service agencies
or organizations;
(4) provide such victims care that is--
(A) coordinated;
(B) victim centered;
(C) culturally relevant;
(D) comprehensive;
(E) evidence based;
(F) gender responsive;
(G) age appropriate, with a focus on care for
youth; and
(H) trauma informed; and
(5) consider the potential for integrating the training
described in paragraphs (1) through (4) with training programs,
in effect on the date of enactment of this Act, for victims of
domestic violence, dating violence, sexual assault, stalking,
child abuse, child neglect, child maltreatment, and child
sexual exploitation.
(c) Functions.--
(1) In general.--The functions of the pilot program
established under subsection (a) shall include the functions of
the Stop, Observe, Ask, and Respond to Health and Wellness
Training program that was operating on the day before the date
of enactment of this Act and the authorized initiatives
described in paragraph (2).
(2) Authorized initiatives.--The authorized initiatives of
the pilot program established under subsection (a) shall
include--
(A) engaging stakeholders, including victims of
human trafficking and any Federal, State, local, or
tribal partners, to develop a flexible training
module--
(i) for achieving the purpose described in
subsection (b); and
(ii) that adapts to changing needs,
settings, health care providers, and other
related providers;
(B) making grants available to support training in
health care sites that represent diversity in--
(i) geography;
(ii) the demographics of the population
served;
(iii) the predominant types of human
trafficking cases; and
(iv) health care provider profiles;
(C) providing technical assistance for health
education programs to implement nationwide health care
protocol, or develop continuing education training
materials, that assist in achieving the purpose
described in subsection (b);
(D) developing a strategy to incentivize the
utilization of training materials developed under
subparagraph (C) and the implementation of nationwide
health care protocol described in such subparagraph, as
the Secretary determines appropriate; and
(E) developing a reliable methodology for
collecting data, and reporting such data, on the number
of human trafficking victims identified and served in
health care settings or other related provider
settings.
(d) Termination.--The pilot program established under subsection
(a) shall terminate on October 1, 2022.
SEC. 4. DATA COLLECTION AND REPORTING REQUIREMENTS.
(a) Data Collection.--
(1) In general.--During each of fiscal years 2019 through
2023, the Secretary shall collect data on each of the
following:
(A) The total number of facilities that were
operating under the pilot program established under
section 3(a)--
(i) during the previous fiscal year; and
(ii) before the previous fiscal year.
(B) The total number of health care providers and
other related providers trained through such pilot
program, during each of the periods described in
clauses (i) and (ii) of subparagraph (A).
(2) Initial report.--In addition to the data required to be
collected under paragraph (1), for purposes of the initial
report to be submitted under subsection (b), the Secretary
shall collect data on the total number of facilities that were
operating under, and the total number of health care providers
and other related providers trained through, the Stop, Observe,
Ask, and Respond to Health and Wellness Training program that
was operating before the establishment of the pilot program
under section 3(a).
(b) Reporting.--Not later than 90 days after the first day of each
of fiscal years 2019 through 2023, the Secretary shall prepare and
submit to Congress a report on the data collected under subsection (a).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$3,000,000 for each of fiscal years 2018 through 2022. | SOAR to Health and Wellness Act of 2017 This bill directs the Department of Health and Human Services (HHS) to replace the existing Stop, Observe, Ask, and Respond to Health and Wellness Training (or SOAR to Health and Wellness Training) program with a pilot program that includes the same functions and additional initiatives. The pilot program must train health care providers and other related providers to: (1) identify potential human trafficking victims, (2) work with law enforcement to report and facilitate communication with such victims, (3) refer victims to social or victims service agencies or organizations, and (4) provide such victims with coordinated care tailored to their circumstances. HHS must report on the number of facilities operating under the pilot program, the number of providers trained through the pilot program, and these numbers for the program operating before the pilot program. | SOAR to Health and Wellness Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Discovery Trails Act of
1996''.
SEC. 2. PURPOSE.
Section 2(b) of the National Trails System Act (16 U.S.C. 1241(b))
is amended by striking ``recreation, scenic and historic'' and
inserting ``recreation, scenic, historic, and discovery''.
SEC. 3. AUTHORIZATION OF NATIONAL DISCOVERY TRAILS.
Section 3(a) of the National Trails System Act (16 U.S.C. 1242(a))
is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) National discovery trails, established by section
5(a), which shall--
``(A) be extended, continuous, interstate trails;
``(B) be located so as to--
``(i) provide for outstanding outdoor
recreation and travel; and
``(ii) represent metropolitan, urban,
rural, and back-country regions of the United
States;
``(C) connect representative examples of United
States trails and communities; and
``(D) provide for the conservation and enjoyment of
significant natural, cultural, and historic resources
associated with each trail corridor.''.
SEC. 4. DESIGNATION OF THE AMERICAN DISCOVERY TRAIL AS A NATIONAL
DISCOVERY TRAIL.
(a) Description.--Section 5(a) of the National Trails System Act
(16 U.S.C. 1244(a)) is amended by adding at the end the following:
``(20) The American Discovery Trail, a trail of approximately 6,000
miles extending from Cape Henlopen State Park in Delaware to Point
Reyes National Seashore in California, traveling through Delaware,
Maryland, the District of Columbia, West Virginia, Kentucky, and Ohio,
near Cincinnati splitting into the Northern Midwest route through Ohio,
Indiana, Illinois, Iowa, Nebraska, and Colorado and the Southern
Midwest route through Indiana, Illinois, Missouri, Kansas, and
Colorado, rejoining in Denver, and continuing through Colorado, Utah,
Nevada, and California. The trail is generally described in volume 2 of
the National Park Service feasibility study dated June 1995, which
shall be on file and available for public inspection in the office of
the Director of the National Park Service. The trail shall be
administered by the Secretary of the Interior in cooperation with a
nonprofit organization and other affected land managing agencies. The
trail shall not be subject to section 5(d), 7(a)(2), 7(e), or 7(f).''.
(b) Plan for New National Discovery Trails.--Section 5(e) of the
National Trails System Act (16 U.S.C. 1244(e)) is amended by striking
``Continental Divide'' and all that follows through ``as part of the
system'' and inserting ``Continental Divide National Scenic Trail or
the North Country National Scenic Trail, or a national discovery trail,
except for the American Discovery Trail, as part of the system''.
(c) Plan for the American Discovery Trail.--Section 5 of the
National Trails System Act (16 U.S.C. 1244) is amended by adding at the
end the following:
``(g) Plan for the American Discovery Trail.--Not later than 3 full
fiscal years after the date of enactment of this subsection, the
responsible nonprofit organization for the American Discovery Trail
established by subsection (a)(20) shall, after consultation with the
Secretary of the Interior, other affected land managing agencies, the
Governors of affected States, county and local political jurisdictions,
and local organizations maintaining component trails, submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, a
comprehensive plan for the protection, management, development, and use
of the trail, not to conflict with any agency direction, including--
``(1) specific objectives and practices to be observed in
the administration and management of the trail, including--
``(A) the identification of all significant
natural, historical, and cultural resources to be
preserved;
``(B) model agreements necessary for joint trail
administration among interested parties;
``(C) an identified carrying capacity of the trail;
and
``(D) an implementation plan;
``(2) a 10-year trail corridor protection plan to preserve
the values for which the trail was established and recognized
by the United States;
``(3) general and site-specific development plans,
including anticipated costs; and
``(4) the process to be followed by the nonprofit
organization in partnership with the Secretary of the Interior
to implement the trail markers described in section 7(c) to
conform to approved trail logo or emblem requirements.''.
SEC. 5. ADMINISTRATION.
Section 7 of the National Trails System Act (16 U.S.C. 1246) is
amended by adding at the end the following:
``(l) National Discovery Trails.--The Secretary charged with the
overall administration of a trail under section 5(a) shall administer a
national discovery trail in cooperation with a nonprofit
organization.''.
SEC. 6. CONFORMING AMENDMENTS.
(a) Section 5 of the National Trails System Act (16 U.S.C. 1244) is
amended--
(1) in the section heading, by striking ``and national
historical'' and inserting ``, national historic, and national
discovery''; and
(2) in the second sentence of subsection (a), by striking
``National Scenic and National Historic Trails'' and inserting
``national scenic, national historic, and national discovery
trails''.
(b) The National Trails System Act (16 U.S.C. 1241 et seq.) is
amended--
(1) by striking ``scenic and national historic'' each place
it appears and inserting ``scenic, national historic, and
national discovery'';
(2) by striking ``scenic or national historic'' each place
it appears and inserting ``scenic, national historic, or
national discovery''; and
(3) by striking ``scenic, or national historic'' each place
it appears and inserting ``scenic, national historic, or
national discovery''. | National Discovery Trails Act of 1996 - Amends the National Trails System Act to provide that national discovery trails established under the Act shall be components of the National Trails System. Provides that such trails shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities.
Designates the 6,000-mile American Discovery Trail (established by this Act) as a national discovery trail. Provides that the Trail shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado. Exempts the Trail from comprehensive national scenic trail plan requirements under the Act, but requires the responsible nonprofit organization for the Trail to consult certain entities and submit to specified congressional committees, within three fiscal years after this Act's enactment, a comprehensive plan for the protection, management, development, and use of the Trail.
Provides that the Secretary charged with the overall administration of National Scenic and National Historic Trails shall administer a National Discovery Trail in cooperation with a nonprofit organization. | National Discovery Trails Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Millennium Digital Commerce Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The growth of electronic commerce and electronic
government transactions represent a powerful force for economic
growth, consumer choice, improved civic participation and
wealth creation.
(2) The promotion of growth in private sector electronic
commerce through Federal legislation is in the national
interest because that market is globally important to the
United States.
(3) A consistent legal foundation, across multiple
jurisdictions, for electronic commerce will promote the growth
of such transactions, and that such a foundation should be
based upon a simple, technology neutral, nonregulatory, and
market-based approach.
(4) The nation and the world stand at the beginning of a
large scale transition to an information society which will
require innovative legal and policy approaches, and therefore,
States can serve the national interest by continuing their
proven role as laboratories of innovation for quickly evolving
areas of public policy, provided that States also adopt a
consistent, reasonable national baseline to eliminate obsolete
barriers to electronic commerce such as undue paper and pen
requirements, and further, that any such innovation should not
unduly burden interjurisdictional commerce.
(5) To the extent State laws or regulations do not
currently provide a consistent, reasonable national baseline or
in fact create an undue burden to interstate commerce in the
important burgeoning area of electronic commerce, the national
interest is best served by Federal preemption to the extent
necessary to provide such consistent national baseline and
eliminate said burden, but that absent such lack of a
consistent, reasonable national baseline or such undue burdens,
the best legal system for electronic commerce will result from
continuing experimentation by individual jurisdictions.
(6) With due regard to the fundamental need for a
consistent national baseline, each jurisdiction that enacts
such laws should have the right to determine the need for any
exceptions to protect consumers and maintain consistency with
existing related bodies of law within a particular
jurisdiction.
(7) Industry has developed several electronic signature
technologies for use in electronic transactions, and the public
policies of the United States should serve to promote a dynamic
marketplace within which these technologies can compete.
Consistent with this Act, States should permit the use and
development of any authentication technologies that are
appropriate as practicable as between private parties and in
use with State agencies.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to permit and encourage the continued expansion of
electronic commerce through the operation of free market forces
rather than proscriptive governmental mandates and regulations;
(2) to promote public confidence in the validity, integrity
and reliability of electronic commerce and online government
under Federal law;
(3) to facilitate and promote electronic commerce by
clarifying the legal status of electronic records and
electronic signatures in the context of writing and signing
requirements imposed by law;
(4) to facilitate the ability of private parties engaged in
interstate transactions to agree among themselves on the terms
and conditions on which they use and accept electronic
signatures and electronic records; and
(5) to promote the development of a consistent national
legal infrastructure necessary to support of electronic
commerce at the Federal and State levels within existing areas
of jurisdiction.
SEC. 4. DEFINITIONS.
In this Act:
(1) Electronic.--The term ``electronic'' means of or
relating to technology having electrical, digital, magnetic,
wireless, optical, electromagnetic, or similar capabilities.
(2) Electronic record.--The term ``electronic record''
means a record created, stored, generated, received, or
communicated by electronic means.
(3) Electronic signature.--The term ``electronic
signature'' means a signature in electronic form, attached to
or logically associated with an electronic record.
(4) Governmental agency.--The term ``governmental agency''
means an executive, legislative, or judicial agency,
department, board, commission, authority, institution, or
instrumentality of the Federal government or of a State or of
any county, municipality, or other political subdivision of a
State.
(5) Record.--The term ``record'' means information that is
inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.
(6) Sign.--The term ``sign'' means to execute or adopt a
signature.
(7) Signature.--The term ``signature'' means any symbol,
sound, or process executed or adopted by a person or entity,
with intent to authenticate or accept a record.
(8) Transaction.--The term ``transaction'' means an action
or set of actions occurring between 2 or more persons relating
to the conduct of commerce.
SEC. 5. PRINCIPLES GOVERNING THE USE OF ELECTRONIC SIGNATURES IN
INTERNATIONAL TRANSACTIONS.
(a) In General.--To the extent practicable, the Federal Government
shall observe the following principles in an international context to
enable commercial electronic transaction:
(1) Remove paper-based obstacles to electronic transactions
by adopting relevant principles from the Model Law on
Electronic Commerce adopted in 1996 by the United Nations
Commission on International Trade Law (UNCITRAL).
(2) Permit parties to a transaction to determine the
appropriate authentication technologies and implementation
models for their transactions, with assurance that those
technologies and implementation models will be recognized and
enforced.
(3) Permit parties to a transaction to have the opportunity
to prove in court or other proceedings that their
authentication approaches and their transactions are valid.
(4) Take a nondiscriminatory approach to electronic
signatures and authentication methods from other jurisdictions.
SEC. 6. INTERSTATE CONTRACT CERTAINTY.
(a) Interstate Commercial Contracts.--A contract relating to an
interstate transaction shall not be denied legal effect solely because
an electronic signature or electronic record was used in its formation.
(b) Methods.--Notwithstanding any rule of law that specifies one or
more acceptable or required technologies or business models, including
legal or other procedures, necessary to create, use, receive, validate,
or invalidate electronic signatures or electronic records, the parties
to an interstate transaction may establish by contract, electronically
or otherwise, such technologies or business models, including legal or
other procedures, to create, use, receive, validate, or invalidate
electronic signatures and electronic records.
(c) Not Preempt State Law.--Nothing in this section shall be
construed to preempt the law of a State that enacts legislation
governing electronic transactions that is consistent with subsections
(a) and (b). A State that enacts, or has in effect, uniform electronic
transactions legislation substantially as reported to State
legislatures by the National Conference of Commissioners on Uniform
State Law shall be deemed to have satisfied this criterion, provided
such legislation as enacted is not inconsistent with subsections (a)
and (b).
(d) Intent.--The intent of a person to execute or adopt an
electronic signature shall be determined from the context and
surrounding circumstances, which may include accepted commercial
practices.
SEC. 7. STUDY OF LEGAL AND REGULATORY BARRIERS TO ELECTRONIC COMMERCE.
(a) Barriers.--Each Federal agency shall, not later than 6 months
after the date of enactment of this Act, provide a report to the
Director of the Office of Management and Budget and the Secretary of
Commerce identifying any provision of law administered by such agency,
or any regulations issued by such agency and in effect on the date of
enactment of this Act, that may impose a barrier to electronic
transactions, or otherwise to the conduct of commerce online or be
electronic means. Such barriers include, but are not limited to,
barriers imposed by a law or regulation directly or indirectly
requiring that signatures, or records of transactions, be accomplished
or retained in other than electronic form. In its report, each agency
shall identify the barriers among those identified whose removal would
require legislative action, and shall indicate agency plans to
undertake regulatory action to remove such barriers among those
identified as are caused by regulations issued by the agency.
(b) Report to Congress.--The Secretary of Commerce, in consultation
with the Director of the Office of Management and Budget, shall, within
18 months after the date of enactment of this Act, and after the
consultation required by subsection (c) of this section, report to the
Congress concerning--
(1) legislation needed to remove any existing barriers to
electronic transactions or otherwise to the conduct of commerce
online or by electronic means; and
(2) actions being taken by the Executive Branch and
individual Federal agencies to remove such barriers as are
caused by agency regulations or policies.
(c) Consultation.--In preparing the report required by this
section, the Secretary of Commerce shall consult with the General
Services Administration, the National Archives and Records
Administration, and the Attorney General concerning matters involving
the authenticity of records, their storage and retention, and their
usability for law enforcement purposes.
(d) Include Findings If No Recommendations.--If the report required
by this section omits recommendations for actions needed to fully
remove identified barriers to electronic transactions or to online or
electronic commerce, it shall include a finding or findings, including
substantial reasons therefor, that such removal is impracticable or
would be inconsistent with the implementation or enforcement of
applicable laws. | Millennium Digital Commerce Act - Directs the Federal Government, to the extent practicable, to observe certain principles governing the use of electronic signatures in international commercial transactions, including to: (1) remove paper-based obstacles to electronic transactions by adopting relevant principles from the Model Law on Electronic Commerce adopted in 1996 by the UN Commission on International Trade Law (UNCITRAL); (2) permit parties to a transaction to determine the appropriate authentication technologies for such transactions, with assurance that they will be recognized and enforced; (3) permit such parties to have the opportunity to prove in court that such authentication approaches and transactions are valid; and (4) take a nondiscriminatory approach to electronic signatures and authentication methods from other jurisdictions.
Declares that an interstate contract transaction shall not be denied legal effect solely because an electronic signature or electronic record was used in its formation.
Authorizes parties to an interstate transaction to establish the methods by which electronic signatures and electronic records are created, used, and are recognized as valid.
Directs each Federal agency to report to the Director of the Office of Management and Budget (OMB) and the Secretary of Commerce on any provision of law administered, or regulation issued, by it that imposes a barrier to electronic transactions. Requires the Secretary to report to Congress concerning any legislation needed or Executive or Federal agency action being taken to remove such barriers. | Millennium Digital Commerce Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Salmon and Fisheries
Predation Prevention Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are 13 groups of salmon and steelhead that are
listed as threatened species or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that
migrate through the lower Columbia River. All lower Columbia
River tributaries contain listed species, including Chinook,
Chum, and Coho salmon and winter-run steelhead.
(2) The people of the Northwest of the United States are
united in their desire to restore healthy salmon and steelhead
runs because the fish are integral to the culture and economy
of the region.
(3) The Columbia River Treaty tribes retain important
rights with respect to salmon and steelhead.
(4) Federal, State, and tribal governments have spent
billions of dollars to assist the recovery of salmon and
steelhead populations in the Columbia River basin.
(5) One of the factors that negatively impacts salmonid
populations is increased predation by marine mammals, including
California sea lions.
(6) As of June 2017, the population of California sea lions
has increased 10-fold during the last 30 years, and is
approximately 300,000 animals.
(7) Biologists estimate that in recent years, during the
peak spring salmonid run, as many as 3,000 California sea lions
have been foraging in the lower 145 miles of the Columbia River
to the Bonneville Dam.
(8) Historically, California sea lions, the habitat of
which is fundamentally salt water, did not venture very far up
into the Columbia River.
(9) The percentage of the spring salmonid run that has been
eaten or killed by California sea lions at the Bonneville Dam
has increased 7-fold since 2002.
(10) The Columbia River spring chinook and the Willamette
River steelhead are salmonid species that are listed under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) as an
endangered species and a threatened species, respectively.
(11) Federal, State and tribal estimates indicate that sea
lions are consuming at least 20 percent of the Columbia River
spring chinook run and 15 percent of Willamette River steelhead
run.
(12) In recent years, California sea lions have congregated
with greater frequency near Willamette Falls and the Bonneville
Dam on the Columbia River and have entered the fish ladders
that salmon use to return to the historical and biological
spawning grounds of the salmon.
(13) These California sea lions have not been responsive to
extensive hazing methods used to discourage predation.
(14) The process established under the Marine Mammal
Protection Act Amendments of 1994 (Public Law 103-238; 108
Stat. 532) to address predatory sea lion behavior that
negatively impacts threatened or endangered salmon runs is
protracted and has not been successful.
(15) The National Oceanic and Atmospheric Administration
has observed that--
(A) management efforts to reduce pinniped predation
of endangered and threatened salmon and steelhead in
the area around the Bonneville Dam has been
insufficient to reduce the severity of the threat; and
(B) efforts need to focus more on the lower
Columbia River and the area around Willamette Falls.
(16) In the interest of protecting threatened and
endangered salmonids in the Columbia River, a temporary
expedited procedure is urgently needed to allow removal of the
minimum number of California sea lions as is necessary to
protect the passage of the threatened and endangered salmonids
in the Columbia River and its tributaries.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the prevention of predation by sea lions on salmonids
in the Columbia River, the recovery of salmonid species listed
as threatened species or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and
the prevention of future listings of fish species in the
Columbia River under that Act are vital priorities; and
(2) the Federal Government should continue to fund lethal
and nonlethal removal measures to prevent such predation.
SEC. 4. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES
TO PROTECT ENDANGERED SPECIES AND THREATENED SPECIES OF
SALMON AND OTHER NONLISTED FISH SPECIES.
Section 120(f) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1389(f)) is amended to read as follows:
``(f) Temporary Marine Mammal Removal Authority on the Columbia
River and Its Tributaries.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means--
``(i) the State of Washington;
``(ii) the State of Oregon;
``(iii) the State of Idaho;
``(iv) the Nez Perce Tribe;
``(v) the Confederated Tribes of the
Umatilla Indian Reservation;
``(vi) the Confederated Tribes of the Warm
Springs Reservation of Oregon;
``(vii) the Confederated Tribes and Bands
of the Yakama Nation;
``(viii) the Columbia River Inter-Tribal
Fish Commission; and
``(ix) the Cowlitz Indian Tribe.
``(B) Individually identifiable.--With respect to a
pinniped, the term `individually identifiable' means
any pinniped located--
``(i) upstream of river mile 112 of the
Columbia River; or
``(ii) in any tributary that contains
spawning habitat of threatened or endangered
salmon or steelhead.
``(2) Removal authority.--Notwithstanding any other
provision of this Act, the Secretary may issue a permit to an
eligible entity to authorize the intentional lethal taking of
individually identifiable sea lions that are part of a
population that is not depleted, on the Columbia River and its
tributaries for the purpose of protecting species of salmon
that are listed as endangered species or threatened species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) and other fish species that are not listed as threatened
species or endangered species under that Act.
``(3) Permit process.--
``(A) In general.--An eligible entity may apply to
the Secretary for a permit under this subsection.
``(B) Deadline for consideration of application.--
Not later than 30 days after the Secretary receives an
application for a permit under subparagraph (A), the
Secretary shall approve or deny the application for a
permit under this subsection.
``(C) Duration of permit.--A permit issued under
this subsection--
``(i) shall be effective for not more than
1 year after the date on which the permit is
issued; and
``(ii) may be renewed by the Secretary.
``(4) Limitations.--
``(A) Limitation on permit authority.--Subject to
subparagraph (B), a permit issued under this subsection
shall not authorize the lethal taking of more than 100
sea lions during the permit period.
``(B) Limitation on annual takings.--The cumulative
number of sea lions authorized to be taken each
calendar year under all permits in effect under this
subsection shall not exceed 10 percent of the annual
potential biological removal level.
``(5) Training in natural resources management.--Each
permit holder that exercises lethal removal authority pursuant
to this subsection shall be trained in natural resource
management.
``(6) Delegation of permit authority.--An eligible entity
may delegate to any other eligible entity the authority to
administer a permit under this subsection.
``(7) NEPA.--Section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall
not apply with respect to this subsection and the issuance of
any permit under this subsection during the 5-year period
beginning on the date of the enactment of the Endangered Salmon
and Fisheries Predation Prevention Act.
``(8) Suspension of permitting authority.--The Secretary
may suspend the issuance of permits under this subsection if,
within 5 years after the date of the enactment of the
Endangered Salmon and Fisheries Predation Prevention Act, after
consultation with State and tribal fishery managers, the
Secretary determines that lethal removal authority is no longer
necessary to protect salmonid and other fish species from sea
lion predation.''.
SEC. 5. TREATY RIGHTS OF INDIAN TRIBES.
Nothing in this Act or the amendment made by this Act affects or
modifies any treaty or any other right of any Indian tribe (as defined
in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)). | Endangered Salmon and Fisheries Predation Prevention Act This bill amends the Marine Mammal Protection Act of 1972 to authorize the National Oceanic and Atmospheric Administration (NOAA) to issue one-year permits allowing Washington, Oregon, Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, the Columbia River Inter-Tribal Fish Commission, and the Cowlitz Indian Tribe to kill sea lions in a portion of the Columbia River or certain tributaries in order to protect fish from sea lion predation. Permits may be issued to kill sea lions only if the sea lions are part of a population that is not depleted. The permits may authorize the lethal taking of 100 sea lions or fewer. The cumulative annual taking of sea lions each year under all such permits is limited to 10% of the annual potential biological removal level. Permit holders must be trained in natural resource management. These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years. NOAA may suspend the issuance of the permits if, within five years, lethal removal authority is no longer necessary to protect fish from sea lion predation. | Endangered Salmon and Fisheries Predation Prevention Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Amendment Defense Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Leading legal scholars concur that conflicts between
same-sex marriage and religious liberty are real and should be
addressed through legislation.
(2) As President Obama stated in response to the decision
of the Supreme Court in United States v. Windsor, 133 S. Ct.
2675 (2013), ``Americans hold a wide range of views'' on the
issue of same-sex marriage, and ``maintaining our Nation's
commitment to religious freedom'' is ``vital''.
(3) Nevertheless, in 2015, when asked whether a religious
school could lose its tax-exempt status for opposing same-sex
marriage, the Solicitor General of the United States Donald
Verrilli represented to the United States Supreme Court that
``[i]t's certainly going to be an issue''.
(4) Protecting religious freedom from government intrusion
is a government interest of the highest order. Legislation
advances this interest by remedying, deterring, and preventing
government interference with religious exercise in a way that
complements the protections mandated by the First Amendment to
the Constitution of the United States.
(5) Laws that protect the free exercise of religious
beliefs and moral convictions about marriage will encourage
private citizens and institutions to demonstrate tolerance for
those beliefs and convictions and therefore contribute to a
more respectful, diverse, and peaceful society.
(6) In a pluralistic society, in which people of good faith
hold more than one view of marriage, it is possible for the
government to recognize same-sex marriage as required by the
United States Supreme Court without forcing persons with
sincerely held religious beliefs or moral convictions to the
contrary to conform.
SEC. 3. PROTECTION OF THE FREE EXERCISE OF RELIGIOUS BELIEFS AND MORAL
CONVICTIONS.
(a) In General.--Notwithstanding any other provision of law, the
Federal Government shall not take any discriminatory action against a
person, wholly or partially on the basis that such person speaks, or
acts, in accordance with a sincerely held religious belief, or moral
conviction, that--
(1) marriage is or should be recognized as a union of--
(A) one man and one woman; or
(B) two individuals as recognized under Federal
law; or
(2) sexual relations outside marriage are improper.
(b) Discriminatory Action Defined.--As used in subsection (a), a
discriminatory action means any action taken by the Federal Government
to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce the amount or funding for, exclude,
terminate, or otherwise make unavailable or deny, any Federal
grant, contract, subcontract, cooperative agreement, guarantee,
loan, scholarship, license, certification, accreditation,
employment, or other similar position or status from or to such
person;
(4) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, any entitlement or benefit under a Federal
benefit program, including admission to, equal treatment in, or
eligibility for a degree from an educational program, from or
to such person; or
(5) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, access or an entitlement to Federal
property, facilities, educational institutions, speech fora
(including traditional, limited, and nonpublic fora), or
charitable fundraising campaigns from or to such person.
(c) Accreditation; Licensure; Certification.--The Federal
Government shall consider accredited, licensed, or certified for
purposes of Federal law any person that would be accredited, licensed,
or certified, respectively, for such purposes but for a determination
against such person wholly or partially on the basis that the person
speaks, or acts, in accordance with a sincerely held religious belief
or moral conviction described in subsection (a).
SEC. 4. JUDICIAL RELIEF.
(a) Cause of Action.--A person may assert an actual or threatened
violation of this Act as a claim or defense in a judicial or
administrative proceeding and obtain compensatory damages, injunctive
relief, declaratory relief, or any other appropriate relief against the
Federal Government. Standing to assert a claim or defense under this
section shall be governed by the general rules of standing under
article III of the Constitution.
(b) Administrative Remedies Not Required.--Notwithstanding any
other provision of law, an action under this section may be commenced,
and relief may be granted, in a district court of the United States
without regard to whether the person commencing the action has sought
or exhausted available administrative remedies.
(c) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by inserting ``the First Amendment Defense
Act,'' after ``the Religious Land Use and Institutionalized Persons Act
of 2000,''.
(d) Authority of United States To Enforce This Act.--The Attorney
General may bring an action for injunctive or declaratory relief
against an independent establishment described in section 104(1) of
title 5, United States Code, or an officer or employee of that
independent establishment, to enforce compliance with this Act. Nothing
in this subsection shall be construed to deny, impair, or otherwise
affect any right or authority of the Attorney General, the United
States, or any agency, officer, or employee of the United States,
acting under any law other than this subsection, to institute or
intervene in any proceeding.
SEC. 5. RULES OF CONSTRUCTION.
(a) No Preemption, Repeal, or Narrow Construction.--Nothing in this
Act shall be construed to preempt State law, or repeal Federal law,
that is equally or more protective of free exercise of religious
beliefs and moral convictions. Nothing in this Act shall be construed
to narrow the meaning or application of any State or Federal law
protecting free exercise of religious beliefs and moral convictions.
(b) No Prevention of Providing Benefits or Services.--Nothing in
this Act shall be construed to prevent the Federal Government from
providing, either directly or through a person not seeking protection
under this Act, any benefit or service authorized under Federal law.
(c) No Affirmation or Endorsement of Views.--Nothing in this Act
shall be construed to affirm or otherwise endorse a person's belief,
speech, or action about marriage.
(d) No Impact on Definition.--Nothing in this Act shall be
construed to alter the definition of marriage for Federal or State
purposes.
(e) Severability.--If any provision of this Act or any application
of such provision to any person or circumstance is held to be
unconstitutional, the remainder of this Act and the application of the
provision to any other person or circumstance shall not be affected.
SEC. 6. DEFINITIONS.
In this Act:
(1) Federal benefit program.--The term ``Federal benefit
program'' has the meaning given that term in section 552a of
title 5, United States Code.
(2) Federal; federal government.--The terms ``Federal'' and
``Federal Government'' include--
(A) any department, commission, board, or other
agency of the Federal Government;
(B) any officer, employee, or agent of the Federal
Government; and
(C) the District of Columbia and all Federal
territories and possessions.
(3) Person.--The term ``person'' means a person as defined
in section 1 of title 1, United States Code, except that such
term shall not include--
(A) publicly traded for-profit entities;
(B) Federal employees acting within the scope of
their employment;
(C) Federal for-profit contractors acting within
the scope of their contract; or
(D) hospitals, clinics, hospices, nursing homes, or
other medical or residential custodial facilities with
respect to visitation, recognition of a designated
representative for health care decisionmaking, or
refusal to provide medical treatment necessary to cure
an illness or injury. | First Amendment Defense Act This bill prohibits the federal government from taking discriminatory action against a person on the basis that such person speaks or acts in accordance with a religious belief or moral conviction that: (1) marriage is or should be recognized as the union of one man and one woman or two individuals as recognized under federal law, or (2) sexual relations outside marriage are improper. The bill defines "person" as any person regardless of religious affiliation, except publicly traded for-profit entities; federal employees acting within the scope of their employment; federal for-profit contractors acting within the scope of their contract; or hospitals and other health care entities with respect to visitation, recognition of a designated representative for health care decisions, or refusal to provide medical treatment necessary to cure an illness or injury. | First Amendment Defense Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``WISEWOMAN Expansion Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Heart disease, stroke, and other cardiovascular
diseases remain the leading cause of death among females in the
United States, killing almost 500,000 women each year.
(2) About 1 in 4 females have some form of cardiovascular
disease, killing more than the next 6 causes of death combined.
(3) In women, cardiovascular disease is frequently
undetected and untreated until the disease has become severe,
causing 42 percent of women who have heart attacks to die
within 1 year.
(4) Obesity increases women's risk for some of the leading
causes of death: heart disease, stroke, diabetes, and certain
cancers.
(5) Better nutrition and lifestyle changes can effectively
prevent and treat obesity.
(6) Osteoporosis is a major public health threat for an
estimated 44 million Americans.
(7) Women over age 50 accounted for over 75 percent of the
total cases of osteoporosis of the hip in 2002.
(8) One out of every 2 women over the age of 50 will have
an osteoporosis-related fracture in her lifetime.
(9) The rate of hip fractures is two to three times higher
in women than men.
(10) The direct expenditures for osteoporotic fractures
alone range from 12-18 billion dollars each year.
(11) Physical activity, calcium, and vitamin D are major
contributors to bone health for individuals of all ages.
(12) Muscular strength and balance may be very significant
in future risk reduction for osteoporosis.
(13) 18.2 million Americans have diabetes, and over 200,000
people die each year from related complications. Among adults
in the United States, diabetes increased 61 percent from 1990
to 2001. Diabetes is the sixth leading cause of death in
America.
(14) Approximately 8.7 percent of all women over the age of
20 in the United States have diabetes, but about one-third of
them are unaware of it.
(15) The risk for cardiovascular disease, the most common
complication attributable to diabetes, is more serious among
women than men. Deaths from heart disease in women with
diabetes have increased 23 percent over the past 30 years.
(16) The direct and indirect costs of diabetes are over
$132 billion a year.
(17) Better nutrition, physical activity, control of blood
glucose levels, and access to services can delay the
progression of diabetes. In fact, recent findings show that
modest, consistent physical activity and a healthy diet can cut
a person's risk for developing type-2 diabetes by nearly 60
percent.
(18) The direct and indirect costs of diabetes are over
$130 billion a year.
(19) The WISEWOMAN program has--
(A) provided one-stop shopping for preventive
health services such as cholesterol and blood pressure
screening for more than 12,000 women and identified
risk factors for heart disease such as obesity, high
cholesterol, high blood pressure, sedentary behavior,
and poor diet; and
(B) identified more than 2,700 cases of previously
undiagnosed hypertension, 3,000 cases of undiagnosed
high cholesterol, and 400 cases of undiagnosed diabetes
in women who would have been unaware of their risk
factors if not for WISEWOMAN.
(20) Research has demonstrated that--
(A) the uninsured often have significantly poorer
health than the insured; and
(B) being uninsured is an obstacle to receiving
preventive health care services.
SEC. 3. SUPPLEMENTAL GRANTS FOR ADDITIONAL PREVENTIVE HEALTH SERVICES
FOR WOMEN.
Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a)
is amended to read as follows:
``SEC. 1509. ESTABLISHMENT OF PROGRAM FOR ADDITIONAL PREVENTIVE HEALTH
SERVICES.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may, through a
competitive review process, award grants to States that have received
grants under section 1501 for a fiscal year, to enable such State to
carry out programs--
``(1) to provide preventive health services, in addition to
the services authorized in such section 1501, for diseases such
as cardiovascular diseases, diabetes, osteoporosis, and
obesity;
``(2) to provide screenings, such as screening for blood
pressure, cholesterol, osteoporosis, and diabetes, and other
services that the Secretary determines to be appropriate and
feasible;
``(3) for health education, counseling, and interventions
for behavioral risk factors, such as physical inactivity and
poor nutrition, and diseases such as cardiovascular diseases,
diabetes, osteoporosis, and obesity;
``(4) to provide appropriate referrals for medical
treatment of women receiving services pursuant to paragraph (1)
through (3), and ensuring, to the extent practicable, the
provision of appropriate follow-up services; and
``(5) to evaluate the activities conducted under paragraphs
(1) through (4) through appropriate surveillance, research, or
program monitoring activities.
``(b) Status as Participant in Program Regarding Breast and
Cervical Cancer.--The Secretary may not make a grant to a State under
subsection (a) unless the State involved agrees that services under the
grant will be provided in conjunction with entities that are screening
women for breast or cervical cancer pursuant to a grant under section
1501.
``(c) Applicability of Provisions.--The provisions of this title
shall apply to a grant under subsection (a) to the same extent and in
the same manner as such provisions apply to a grant under section 1501.
``(d) Funding.--
``(1) In general.--There is authorized to be appropriated
to carry out this section--
``(A) $20,000,000 for fiscal year 2006;
``(B) $25,000,000 for fiscal year 2007;
``(C) $30,000,000 for fiscal year 2008; and
``(D) such sums as may be necessary for each
subsequent fiscal year.
``(2) Limitation regarding funding with respect to breast
and cervical cancer.--No additional resources shall be
appropriated for a fiscal year under paragraph (1) unless the
amount appropriated under section 1510(a) for such fiscal year
is at least $173,920,000.''. | WISEWOMAN Expansion Act of 2005 - Amends the Public Health Service Act to: (1) remove the limit on the number of states that may receive preventive heath services grants; (2) require a competitive review process; and (3) include among the uses for such grants health education, counseling, and interventions for behavioral risk factors and diseases. Authorizes appropriations. | To reduce health care costs and promote improved health by providing supplemental grants for additional preventive health services for women. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gift of Life Congressional Medal Act
of 2006''.
SEC. 2. CONGRESSIONAL MEDAL.
The Secretary of the Treasury shall design and strike a bronze
medal with suitable emblems, devices, and inscriptions, to be
determined by the Secretary of the Treasury, to commemorate organ
donors and their families.
SEC. 3. ELIGIBILITY REQUIREMENTS.
(a) In General.--Any organ donor, or the family of any organ donor,
shall be eligible for a medal described in section 2.
(b) Documentation.--The Secretary of Health and Human Services
shall direct the entity holding the Organ Procurement and
Transplantation Network (hereafter in this Act referred to as ``OPTN'')
to contract to--
(1) establish an application procedure requiring the
relevant organ procurement organization, as described in
section 371(b)(1) of the Public Health Service Act (42 U.S.C.
273(b)(1)), through which an individual or their family made an
organ donation, to submit to the OPTN contractor documentation
supporting the eligibility of that individual or their family
to receive a medal described in section 2; and
(2) determine, through the documentation provided, and, if
necessary, independent investigation, whether the individual or
family is eligible to receive a medal described in section 2.
SEC. 4. PRESENTATION.
(a) Delivery to the Secretary of Health and Human Services.--The
Secretary of the Treasury shall deliver medals struck pursuant to this
Act to the Secretary of Health and Human Services.
(b) Delivery to Eligible Recipients.--The Secretary of Health and
Human Services shall direct the OPTN contractor to arrange for the
presentation to the relevant organ procurement organization all medals
struck pursuant to this Act to individuals or families that, in
accordance with section 3, the OPTN contractor has determined to be
eligible to receive medals under this Act.
(c) Limitation.--
(1) In general.--Except as provided in paragraph (2), only
1 medal may be presented to a family under subsection (b). Such
medal shall be presented to the donating family member, or in
the case of a deceased donor, the family member who signed the
consent form authorizing, or who otherwise authorized, the
donation of the organ involved.
(2) Exception.--In the case of a family in which more than
1 member is an organ donor, the OPTN contractor may present an
additional medal to each such organ donor or their family.
SEC. 5. DUPLICATE MEDALS.
(a) In General.--The Secretary of Health and Human Services or the
OPTN contractor may provide duplicates of the medal described in
section 2 to any recipient of a medal under section 4(b), under such
regulations as the Secretary of Health and Human Services may issue.
(b) Limitation.--The price of a duplicate medal shall be sufficient
to cover the cost of such duplicates.
SEC. 6. NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of section 5111 of title 31, United States Code.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
No provision of law governing procurement or public contracts shall
be applicable to the procurement of goods or services necessary for
carrying out the provisions of this Act.
SEC. 8. SOLICITATION OF DONATIONS.
(a) In General.--The Secretary of the Treasury may enter into an
agreement with the OPTN contractor to collect funds to offset
expenditures relating to the issuance of medals authorized under this
Act.
(b) Payment of Funds.--
(1) In general.--Except as provided in paragraph (2), all
funds received by the Organ Procurement and Transplantation
Network under subsection (a) shall be promptly paid by the
Organ Procurement and Transplantation Network to the Secretary
of the Treasury.
(2) Limitation.--Not more than 5 percent of any funds
received under subsection (a) shall be used to pay
administrative costs incurred by the OPTN contractor as a
result of an agreement established under this section.
(c) Numismatic Public Enterprise Fund.--Notwithstanding any other
provision of law--
(1) all amounts received by the Secretary of the Treasury
under subsection (b)(1) shall be deposited in the Numismatic
Public Enterprise Fund, as described in section 5134 of title
31, United States Code; and
(2) the Secretary of the Treasury shall charge such fund
with all expenditures relating to the issuance of medals
authorized under this Act.
(d) Start-Up Costs.--A 1-time amount not to exceed $55,000 shall be
provided to the OPTN contractor to cover initial start-up costs. The
amount will be paid back in full within 3 years of the date of the
enactment of this Act from funds received under subsection (a).
(e) No Net Cost to the Government.--The Secretary of the Treasury
shall take all actions necessary to ensure that the issuance of medals
authorized under section 2 results in no net cost to the Government.
SEC. 9. DEFINITIONS.
For purposes of this Act--
(1) the term ``organ'' means the human kidney, liver,
heart, lung, pancreas, and any other human organ (other than
corneas and eyes) specified by regulation of the Secretary of
Health and Human Services or the OPTN contractor; and
(2) the term ``Organ Procurement and Transplantation
Network'' means the Organ Procurement and Transplantation
Network established under section 372 of the Public Health
Service Act (42 U.S.C. 274).
SEC. 10. SUNSET PROVISION.
This Act shall be effective during the 2-year period beginning on
the date of the enactment of this Act. | Gift of Life Congressional Medal Act of 2006 - Directs the Secretary of the Treasury to design and strike a bronze medal to commemorate organ donors and their families.
Requires the Secretary of Health and Human Services to direct the entity holding the Organ Procurement and Transplantation Network to contract to establish an application procedure and determine eligibility. Allows the Secretary of Health and Human Services or the Network contractor to provide duplicates of the medal to any recipient. Allows the Secretary of the Treasury to enter into an agreement with the Network contractor to collect funds to offset expenditures relating to the issuance of medals, which the Secretary shall deposit in the Numismatic Public Enterprise Fund. | To establish a congressional commemorative medal for organ donors and their families. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recognizing Achievement in
Classified School Employees Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Classified school employees provide valuable service to
public schools in the United States.
(2) Classified school employees provide essential services,
such as transportation, facilities maintenance and operations,
food service, safety, and health care.
(3) Classified school employees play a vital role in
providing for the welfare and safety of students.
(4) Classified school employees strive for excellence in
all areas of service to the education community.
(5) Exemplary classified school employees should be
recognized for their outstanding contributions to quality
education in the United States.
SEC. 3. DEFINITION OF CLASSIFIED SCHOOL EMPLOYEE.
In this Act:
(1) Classified school employee.--The term ``classified
school employee'' means a public employee of a State or of any
political subdivision of a State, who works in any grade from
prekindergarten through higher education in any of the
following occupational specialties:
(A) Paraeducator services.
(B) Clerical and administrative services.
(C) Transportation services.
(D) Food and nutrition services.
(E) Custodial and maintenance services.
(F) Security services.
(G) Health and student services.
(H) Technical services.
(I) Skilled trades.
(2) Other definitions.--The terms used in this Act have the
meaning given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 4. RECOGNITION PROGRAM ESTABLISHED.
(a) In General.--The Secretary of Education shall establish a
national recognition program to be known as the ``Recognizing Inspiring
School Employees Award Program'' or the ``award program''. The purpose
of the award program shall be to recognize and promote the commitment
and excellence exhibited by classified school employees in public
schools who provide exemplary service to students in prekindergarten
through higher education.
(b) Award.--Prior to March 31 of each year (beginning with the
second calendar year that begins after the date of the enactment of
this Act), the award program shall recommend to the Secretary a
classified school employee to receive the Recognizing Inspiring School
Employees Award for the year.
(c) Selection Process.--
(1) Nomination process.--
(A) In general.--Not later than November 1 of each
year (beginning with the first calendar year that
begins after the date of the enactment of this Act),
the Secretary shall solicit nominations of classified
school employees in public schools from the
occupational specialties described in section 3(1) from
the chief State school officer of each State.
(B) Nomination submissions.--In order for
individuals in a State to be eligible to receive
recognition under this section, the chief State school
officer shall consider nominations submitted by the
following:
(i) Local educational agencies.
(ii) School administrators.
(iii) Professional associations.
(iv) Labor organizations.
(v) Educational service agencies.
(vi) Any other group determined appropriate
by the award program.
(2) Demonstration.--Each chief State school officer of a
State who desires individuals in the State to receive
recognition under this section shall submit the nominations
described in paragraph (1) to the Secretary in such manner as
may be required by the award program. Each such nomination
shall contain, at a minimum, demonstrations of excellence in
the following areas:
(A) Work performance.
(B) School and community involvement.
(C) Leadership and commitment.
(D) Local support.
(E) Enhancement of classified school employees'
image in the community and schools.
(F) Any other area of superior performance, such as
health and safety promotion or efficient use of energy
or other resources.
(3) Selection.--The award program shall develop uniform
national guidelines for evaluating nominations submitted under
paragraph (2) in order to select the most deserving nominees
based on the demonstrations made in the areas described in such
paragraph. | Recognizing Achievement in Classified School Employees Act This bill directs the Department of Education (ED) to grant "Recognizing Inspiring School Employees" awards to classified public school employees, within certain occupational specialties, who provide exemplary service to students in prekindergarten through higher education. ED must annually select an awardee, out of nominations received from states, from any of the following occupational specialties: (1) paraeducator services, (2) clerical and administrative services, (3) transportation services, (4) food and nutrition services, (5) custodial and maintenance services, (6) security services, (7) health and student services, (8) technical services, and (9) skilled trades. | Recognizing Achievement in Classified School Employees Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Service 100th
Anniversary Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 1916, Congress established the National Park Service
as a bureau within the Department of the Interior to administer
the great national parks and monuments in the United States as
a unified National Park System;
(2) from 1916 to the present, the National Park System has
grown from 37 park units with 6,000,000 acres of land in the
western United States to more than 395 units with 84,000,000
acres of land in nearly every State and territory;
(3) the responsibilities of the National Park Service have
expanded to include--
(A) managing national historic trails and national
scenic trails;
(B) administering wild and scenic rivers;
(C) recognizing the most significant historic
resources in the United States through the National
Register of Historic Places and the National Historic
Landmark program;
(D) providing historic preservation grants; and
(E) assisting communities in meeting their
preservation, conservation, and recreation needs;
(4) the National Park Service Organic Act of 1916 (Public
Law 64-408, 39 Stat. 535), which established the National Park
Service, remains the preeminent law guiding the management of
parks and articulating the core mission of the National Park
Service, ``to conserve the scenery and the natural and historic
objects and the wild life therein and to provide for the
enjoyment of the same in such manner and by such means as will
leave them unimpaired for the enjoyment of future
generations'';
(5) the 100th anniversary of the National Park Service in
2016 will be an occasion to celebrate a century of American
vision and achievement in identifying and preserving the
special places in the United States for the benefit of all, and
the culmination of 100 years of accomplishments by the
employees, partners, and volunteers of the National Park
Service;
(6) 2016 also will mark the beginning of the 2d century of
service of the dedicated employees, partners, and volunteers of
the National Park Service to the people of the United States as
environmental leaders and vigilant stewards of the treasured
places and stories of the United States;
(7) coins commemorating the 100th anniversary of the
National Park Service will bring national and international
attention to the National Park System and to the legacy
Congress left in 1916 when it established a Federal agency to
ensure the protection of the most treasured natural and
cultural resources in the United States for all time; and
(8) the proceeds from a surcharge on the sale of
commemorative coins will assist the financing of the needs of
the parks and programs of the National Park Service, helping to
ensure that the great natural and cultural resources of the
United States will endure for generations to come.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--
(1) $5 gold coins.--The Secretary of the Treasury (referred
to in this Act as the ``Secretary'') shall mint and issue not
more than 100,000 $5 coins, which shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--The Secretary shall mint and issue
not more than 500,000 $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.
(3) Half dollar clad coins.--The Secretary shall mint and
issue not more than 750,000 half dollar clad 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
clad coins 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 sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the 100th anniversary of the
National Park Service.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the face value of the coin;
(B) an inscription of the year ``2016''; 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--
(A) the National Park Service;
(B) the National Park Foundation; and
(C) the Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 2016, and
ending on December 31, 2016.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
the coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include--
(1) a surcharge of $35 per coin for the $5 coin;
(2) a surcharge of $10 per coin for the $1 coin; and
(3) a surcharge of $5 per coin for the half dollar coin.
(b) Distribution.--
(1) In general.--Subject to section 5134(f) of title 31,
United States Code, all surcharges that are received by the
Secretary from the sale of coins issued under this Act shall be
promptly paid by the Secretary to the National Park Foundation
for projects and programs that help preserve and protect
resources under the stewardship of the National Park Service
and promote public enjoyment and appreciation of those
resources.
(2) Prohibition on land acquisition.--Surcharges paid to
the National Park Foundation pursuant to paragraph (1) may not
be used for land acquisition.
(c) Audits.--The National Park Foundation shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received by the National Park
Foundation under subsection (b).
(d) Limitations.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the 2 commemorative coin
program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of enactment of this Act).
The Secretary may issue guidance to carry out this subsection. | National Park Service 100th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue gold, silver, and half-dollar clad coins in commemoration of the 100th anniversary of the establishment of the National Park Service (NPS). Authorizes the issuance of coins under this Act only for a one-year period, beginning on January 1, 2016. Requires all sales of coins minted under this Act to include a surcharge of $35 per gold coin, $10 per silver coin, and $5 per half-dollar clad coin. Requires all of the surcharges received from the sale of such coins to be paid to the National Park Foundation for projects and programs to help preserve and protect resources under the stewardship of the NPS and to promote public enjoyment and appreciation of those resources. Prohibits the surcharges paid to the Foundation from being used for land acquisition. | National Park Service 100th Anniversary Commemorative Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recognition of Jerusalem as the
Capital of the State of Israel Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Jerusalem has been the eternal and undivided capital of
the state of Israel for the past 3,000 years.
(2) The State of Israel was established on May 14, 1948, in
the wake of World War II in order to serve as a homeland and
place of refuge for the Jewish people.
(3) There has been an uninterrupted Jewish presence in the
city of Jerusalem for 3,000 years and a Jewish majority since
1840. Since 1950, the city of Jerusalem has been the capital of
the State of Israel.
(4) From 1948 to 1967, Jerusalem was a divided city and
Israeli citizens of all faiths were not entitled to visit the
holy sites, and Jews from other countries were restricted in
their access to holy sites in the area controlled by Jordan. In
1967, the city of Jerusalem was reunited during the conflict
known as the Six Day War, and since 1967, Jerusalem has been a
unified city administered by Israel, and persons of all faiths
have been guaranteed full access to the holy sites within the
city.
(5) In 1990, Congress unanimously adopted Senate Concurrent
Resolution 106, which declares that Congress ``strongly
believes that Jerusalem must remain an undivided city in which
the rights of every ethnic religious group are protected''.
(6) In 1995, Congress overwhelmingly approved the Jerusalem
Embassy Relocation Act (Public Law 104-45), requiring the
establishment of the United States Embassy in Jerusalem not
later than May 31, 1999.
(7) The United States maintains its embassy in the
functioning capital in every country except in the State of
Israel.
(8) Establishing sovereign claims according to the 1907
Hague Regulations under article 43, requires that ``[t]he
authority of the legitimate power having in fact passed into
the hands of the occupant, the latter shall take all the
measures in his power to restore and ensure, as far as
possible, public order and safety, while respecting, unless
absolutely prevented, the laws in force in the country.''.
(9) Israel has far exceeded the 1907 Hague Regulation as
directed by international law. Israel has taken all measures to
restore and ensure public order and safety in Jerusalem.
(10) Jerusalem has been far safer and more protected under
Israel's administration than under any previous authorities.
(11) Civil life is entirely present in Jerusalem, and all
government institutions and related frameworks are also
present, including the Knesset, the Bank of Israel, the
Ministry of Foreign Affairs, the Prime Minister's and
President's offices, and the Supreme Court.
(12) The United States Government owns property in Tel Aviv
that was acquired for the cost of $1.00 in 1957.
(13) The United States Government has allocated five
properties in Jerusalem, totaling over of 40,000 square feet
and 14 acres of land.
(14) The United States Government's property located at 14
David Flusser Street in Jerusalem presents an ideal location
for the United States Embassy to Israel. The Department of
State completed construction of the property in 2010, and the
six acre site is leased for 75 years.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should recognize the sovereign status
of an undivided Jerusalem as the capital of the State of
Israel;
(2) recognizing Jerusalem as the capital of Israel and
transferring the United States Embassy to Jerusalem from Tel
Aviv will send a signal of United States commitment and resolve
to Israel; and
(3) the Secretary of State should--
(A) transfer the United States Embassy in Tel Aviv,
Israel, to 14 David Flusser Street, Jerusalem, Israel;
and
(B) take such actions as are necessary to either
repurpose or sell at an appropriate market rate the
United States Embassy in Tel Aviv, Israel, and, if the
Embassy is sold, deposit in the Asset Management
Account of the Department of State the proceeds from
such sale.
SEC. 4. AMENDMENT TO THE JERUSALEM EMBASSY ACT OF 1995.
(a) Repeal.--Subject to subsection (b) of this section, section 7
of the Jerusalem Embassy Act of 1995 is repealed.
(b) Effective Date.--The repeal specified in subsection (a) shall
take effect on January 1, 2014. | Recognition of Jerusalem as the Capital of the State of Israel Act- Expresses the sense of Congress that: (1) the United States should recognize the sovereign status of an undivided Jerusalem as Israel's capital; (2) recognizing Jerusalem as Israel's capital and transferring the U.S. Embassy to Jerusalem from Tel Aviv will send a signal of U.S. commitment to Israel; and (3) the Secretary of State should transfer the Embassy to 14 David Flusser Street, Jerusalem, repurpose or sell the Embassy in Tel Aviv, and deposit any sale proceeds in the Asset Management Account of the Department of State. Amends the Jerusalem Embassy Act of 1995 to repeal, as of January 1, 2014, the President's authority to waive the limitation on the obligation of funds for acquisition and maintenance of buildings abroad until the U.S. Embassy in Jerusalem has officially opened. | Recognition of Jerusalem as the Capital of the State of Israel Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right to Rent Act of 2010''.
SEC. 2. RIGHT TO RENT HOME SUBJECT TO FORECLOSURE.
(a) Exercise of Right.--If, at any time after notice under
subsection (b) for an eligible mortgage is provided to the eligible
mortgagor and before the commencement of the 7-day period that ends on
the first date that the foreclosing creditor may first commence or
execute such foreclosure pursuant to such notice, the eligible
mortgagor under the eligible mortgage that is subject to such
foreclosure provides notice in accordance with section 3,
notwithstanding such foreclosure or any other interests in the
property, the eligible mortgagor may, at the sole option of the
eligible mortgagor, continue to occupy the foreclosed property during
the 5-year period that begins upon the commencement of such occupancy,
subject to the requirements of subsection (c).
(b) Limitation on Timing of Foreclosure; Notice of Default and
Right to Rent.--Notwithstanding any other provision of law or any
contract, a foreclosure of an eligible mortgage may not be commenced or
executed before the expiration of the 25-day period (not including
Saturdays, Sundays, and legal public holidays) beginning upon the
receipt, by the eligible mortgagor, of written notice provided by the
foreclosing creditor for the mortgage that--
(1) clearly states that--
(A) the eligible mortgagor is in default on the
mortgage; and
(B) foreclosure on the mortgage may or will be
commenced on account of such default;
(2) clearly states that the eligible mortgagor has the
right, notwithstanding foreclosure, to continue to occupy the
foreclosed property in accordance with this Act, and sets forth
the terms of such occupancy under subsections (a) and (c); and
(3) clearly identifies the first date, pursuant to this
section and any other provisions of law and contract, that such
foreclosure may be commenced.
(c) Terms of Periodic Tenancy.--Occupancy, by an eligible
mortgagor, of a foreclosed property pursuant to subsection (a) shall be
under a periodic month-to-month tenancy under which the owner of the
property may terminate the tenancy for material breach but shall have
no authority, at will, to terminate the tenancy during the occupancy
pursuant to subsection (a) if the mortgagor--
(1) timely pays to the owner of the foreclosed property
rent on a monthly basis in the amount of the fair market rent
for the property determined in accordance with section 4; and
(2) uses property as the principal residence of the
mortgagor.
SEC. 3. REQUIRED NOTICE.
With respect to an eligible mortgage for which notice under section
2(b) has been provided, notice in accordance with this section is
notice that--
(1) is made in writing;
(2) is submitted, by a means under which the act of
delivery is recorded, to--
(A) the court having jurisdiction and venue to
conduct the covered foreclosure proceeding for the
eligible mortgage or, in the case of nonjudicial
foreclosure, the court in which an action is brought
pursuant to section 5; and
(B) the foreclosing creditor; and
(3) states that the eligible mortgagor is exercising the
authority under section 2(a) to continue to occupy the
foreclosed property.
SEC. 4. DETERMINATION OF FAIR MARKET RENT.
(a) Initial Determination.--For purposes of this Act, the fair
market rent for a foreclosed property involved in a covered foreclosure
proceeding shall be the amount that is determined by an independent
appraiser who is licensed or certified, as applicable, to conduct
appraisals in the jurisdiction in which the property is located, who
shall be appointed for such purpose by the court conducting such
proceeding or hearing an action pursuant to section 5.
(b) Periodic Adjustments.--The fair market rent determined under
subsection (a) for a foreclosed property shall be adjusted annually to
reflect changes in the owners' equivalent rent of primary residence
component, for the appropriate city, region, or class of city, as
available, of the Consumer Price Index for All Urban Consumers of the
Bureau of Labor Statistics of the Department of Labor.
(c) Redetermination.--If the owner of a foreclosed property or the
eligible mortgagor under the eligible mortgage requests the court
described in subsection (a) to redetermine the fair market rent for a
foreclosed property determined pursuant to this section (as such amount
may have been adjusted pursuant to subsection (b)) and agrees to pay
any costs of such redetermination (including costs of the appraisal
involved), the court shall provide for redetermination of the fair
market rent for the foreclosed property in the manner provided under
subsection (a), except that no such redetermination shall be made
pursuant to a request under this subsection made before the expiration
of the 12-month period beginning upon the most recent redetermination
conducted at the request of the same party.
SEC. 5. NONJUDICIAL FORECLOSURE PROCEEDINGS.
In the case of any covered foreclosure proceeding that is not
conducted or administered by a court, the eligible mortgagor may bring
an action in an appropriate court of the State in which the foreclosed
property is located for a determination of fair market rent for the
foreclosed property for purposes of this Act, by filing notice in
accordance with section 3 with such court and otherwise complying with
the rules of such court.
SEC. 6. NO BAR TO FORECLOSURE.
This Act may not be construed to delay, or otherwise modify,
affect, or alter any right of a creditor under an eligible mortgage to
foreclose on the mortgage and to sell the foreclosed property in
connection with such foreclosure, except that the right of any owner of
the property to possession of the property shall be subject to the
leasehold interest established pursuant to section 2(c).
SEC. 7. RIGHT TO REINSTATEMENT.
This Act may not be construed to affect any right of any eligible
mortgagor to reinstatement of an eligible mortgage, including any right
established under contract or State law.
SEC. 8. JURISDICTION OF FEDERAL COURTS.
At the option of the eligible mortgagor, a proceeding under section
4 or 5 shall be removed to the appropriate district court of the United
States in accordance with section 1441 of title 28, United States Code.
SEC. 9. EFFECT ON STATE LAW.
(a) Foreclosure Laws.--This Act does not annul, alter, affect, or
exempt any person subject to the provisions of this Act from complying
with the laws of any State regarding foreclosure on residential
properties, except to the extent that such laws are inconsistent with
any provision of this Act, and then only to the extent of such
inconsistency.
(b) Landlord-Tenant Laws.--Nothing in this Act may be construed to
not annul, alter, affect, or exempt any such tenancy created pursuant
to section 2(c) from any applicable State or local laws regarding the
rights or responsibilities of landlords or tenants.
SEC. 10. OVERSIGHT BY HUD.
The Secretary of Housing and Urban Development shall--
(1) monitor compliance with the requirements under this
Act;
(2) make available, and provide, appropriate assistance to
eligible mortgagors in exercising their rights under this Act;
(3) conduct outreach activities appropriate to inform
eligible mortgagors of the provisions of this Act; and
(4) submit to the Congress, not less than annually, reports
describing the implementation of this Act, the extent to which
this Act is utilized by eligible mortgagors, and any issues
regarding such implementation or utilization.
SEC. 11. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Covered foreclosure proceeding.--The term ``covered
foreclosure proceeding'' means a foreclosure proceeding with
respect to an eligible mortgage, and includes any foreclosure
proceeding authorized under the law of the applicable State,
including judicial and non-judicial foreclosure proceedings.
(2) Eligible mortgagor.--The term ``eligible mortgagor''
means a mortgagor under an eligible mortgage.
(3) Eligible mortgage.--The term ``eligible mortgage''
means a first or subordinate mortgage--
(A) on a property that--
(i) is a single family property;
(ii) has been used as the principal
residence of the eligible mortgagor for a
period of not less than 2 years immediately
preceding the initiation of the covered
foreclosure proceeding involved; and
(iii) had a purchase price, at the time
purchased by the eligible mortgagor, that is
less than the median purchase price for
residences that are located in--
(I) the same metropolitan
statistical area; or
(II) if the property is not located
in a metropolitan statistical area or
information for the area is not
available, the same State; and
(B) that was originated before July 1, 2007.
For purposes of subparagraph (A)(iii), the median purchase
price of residences located within a metropolitan area or State
shall be determined according to information collected and made
available by the National Association of Realtors for such area
or State for the most recently completed month for which such
information is available.
(4) Foreclosed property.--The term ``foreclosed property''
means, with respect to a covered foreclosure proceeding, the
single family property that is subject to the eligible mortgage
being foreclosed under the proceeding.
(5) Foreclosing creditor.--The term ``foreclosing
creditor'' means, with respect to a covered foreclosure
proceeding, the creditor that is foreclosing the eligible
mortgage through such proceeding.
(6) Owner.--The term ``owner'' means, with respect to a
foreclosed property, the person who has title to the property
pursuant to the foreclosure proceeding for the property, and
any successor or assign of such person.
(7) Single family property.--The term ``single family
property'' means--
(A) a structure consisting of 1 to 4 dwelling
units;
(B) a dwelling unit in a multi-unit condominium
property together with an undivided interest in the
common areas and facilities serving the property; or
(C) a dwelling unit in a multi-unit project for
which purchase of stock or a membership interest
entitles the purchaser to permanent occupancy of that
unit.
SEC. 12. APPLICABILITY AND SUNSET.
(a) Applicability.--Subject to subsection (b), this Act shall apply
to any covered foreclosure proceeding that has not been finally
adjudicated as of the date of the enactment of this Act.
(b) Sunset.--This Act shall not apply to any foreclosure proceeding
commenced after the expiration of the 5-year period beginning on the
date of the enactment of this Act. | Right to Rent Act of 2010 - Grants eligible mortgagors subject to foreclosure proceedings the right to continue to occupy foreclosed properties subject to the payment of fair market rent for a period of five years that begins upon the commencement of occupancy of such property.
Instructs the Secretary of Housing and Urban Development to: (1) monitor compliance with this Act; (2) provide assistance to eligible mortgagors in exercising their rights under this Act; and (3) conduct outreach activities to inform eligible mortgagors of this Act. | To allow homeowners of moderate-value homes who are subject to mortgage foreclosure proceedings to remain in their homes as renters. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Financial Security Act of
2003''.
SEC. 2. REPEAL OF INCLUSION IN GROSS INCOME OF SOCIAL SECURITY BENEFITS
AND TIER 1 RAILROAD RETIREMENT BENEFITS.
(a) In General.--Section 86 of the Internal Revenue Code of 1986
(relating to taxation of social security and tier 1 railroad retirement
benefits) is hereby repealed.
(b) Technical and Conforming Amendments.--
(1) Subparagraph (B) of section 22(c)(3) of such Code
(relating to treatment of certain workmen's compensation
benefits) is amended by striking ``any amount treated as a
social security benefit under section 86(d)(3)'' and inserting
``if, by reason of section 224 of the Social Security Act (or
by reason of section 3(a)(1) of the Railroad Retirement Act of
1974), any benefit otherwise payable under title II of the
Social Security Act or the Railroad Retirement Act of 1974 is
reduced by reason of the receipt of a benefit under a workmen's
compensation act, the portion of such benefit received under
the workmen's compensation act which equals such reduction''.
(2) Paragraph (3) of section 72(r) of such Code (defining
tier 1 railroad retirement benefit) is amended by striking
``has the meaning given such term by section 86(d)(4)'' and
inserting ``means--
``(A) the amount of the annuity under the Railroad
Retirement Act of 1974 equal to the amount of the
benefit to which the taxpayer would have been entitled
under the Social Security Act if all of the service
after December 31, 1936, of the employee (on whose
employment record the annuity is being paid) had been
included in the term `employment' as defined in the
Social Security Act, and
``(B) a monthly annuity amount under section
3(f)(3) of the Railroad Retirement Act of 1974.''.
(3) Sections 135(c)(4)(B), 137(b)(3)(B), 221(b)(2)(C)(ii),
and 222(b)(2)(C)(ii) of such Code are each amended by striking
``86,''.
(4) Clause (i) of section 219(g)(3)(A) of such Code is
amended by striking ``sections 86 and 469'' and inserting
``section 469''.
(5) Subparagraph (F) of section 469(i)(3) of such Code is
amended by striking clause (i) and by redesignating clauses
(ii), (iii), and (iv) as clauses (i), (ii), and (iii),
respectively.
(6) Paragraph (8) of section 861(a) of such Code (treating
social security benefits as United States sourced) is hereby
repealed.
(7) Paragraph (3) of section 871(a) of such Code (relating
to taxation of social security benefits by nonresident aliens)
is hereby repealed.
(8) Subsection (g) of section 1441 of such Code (relating
to withholding of tax on nonresident aliens) is hereby
repealed.
(9) Subparagraph (C) of section 3402(p)(1) of such Code is
amended by striking clause (i) and by redesignating clauses
(ii), (iii), and (iv) as clauses (i), (ii), and (iii),
respectively.
(10) Paragraph (4) of section 6015(d) of such Code is
amended by striking the last sentence.
(11) Section 6050F of such Code (relating to returns
relating to social security benefits) is hereby repealed.
(12) Paragraph (1) of section 6050G(a) of such Code
(relating to returns relating to certain railroad retirement
benefits) is amended by striking ``section 86(d)(4)'' and
inserting ``section 72(r)(3)''.
(13)(A) Section 6103(h) of such Code (relating to
disclosure) is amended by striking paragraph (5) and by
redesignating paragraph (6) as paragraph (5).
(B) Paragraph (4) of section 6103(p) of such Code is
amended by striking ``(h)(5),'' each place it appears.
(C) Subsection (k) of section 1113 of the Right to
Financial Privacy Act of 1978 is hereby repealed.
(14) The table of sections for part II of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 86.
(15) The table of sections for subpart B of part III of
subchapter A of chapter 61 of such Code is amended by striking
the item relating to section 6050F.
(c) Effective Date.--The amendments made by this section shall
apply to benefits received after December 31, 2002, in taxable years
ending after such date.
(d) Trust Funds Held Harmless.--There are hereby appropriated (out
of any money in the Treasury not otherwise appropriated) for each
fiscal year to each fund under the Social Security Act or the Railroad
Retirement Act of 1974 an amount equal to the reduction in the
transfers to such fund for such fiscal year by reason of the amendments
made by this section. | Seniors Financial Security Act of 2003 - Amends the Internal Revenue Code to repeal the tax on social security and tier 1 railroad retirement benefits. | To amend the Internal Revenue Code of 1986 to repeal the inclusion in gross income of Social Security benefits and tier 1 railroad retirement benefits. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayers Right-To-Know Act''.
SEC. 2. INVENTORY OF GOVERNMENT PROGRAMS.
(a) In General.--Section 1122(a) of title 31, United States Code,
is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Definition of program.--For purposes of this
subsection, the term `program' means an organized set of
activities by one or more agencies directed toward a common
purpose or goal.'';
(3) in paragraph (2), as so redesignated--
(A) by striking ``In general.--Not later than
October 1, 2012, the Office of Management and Budget
shall'' and inserting ``Website and program
inventory.--The Director of the Office of Management
and Budget shall'';
(B) by striking subparagraph (C) and inserting the
following:
``(C) include on the website--
``(i) a program inventory that shall
identify each program of the Federal Government
for which there is more than $1,000,000 in
annual budget authority, which shall include--
``(I) any activity that is commonly
referred to as a program by a Federal
agency in communications with Congress,
including any activity identified as a
program in a budget request;
``(II) any activity that is
commonly referred to as a program by a
Federal agency in communications with
the public, including each program for
which financial awards are made on a
competitive basis; and
``(III) any activity referenced in
law as a program after June 30, 2019;
and
``(ii) for each program identified in the
program inventory, the information required
under paragraph (3) or paragraph (4), as
applicable.'';
(4) in paragraph (3), as so redesignated--
(A) in the matter preceding subparagraph (A), by
striking ``Information.--Information for each program
described under paragraph (1)'' and inserting
``Information for larger programs.--Information for
each program identified in the program inventory
required under paragraph (2) for which there is more
than $10,000,000 in annual budget authority'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraph (B) as
subparagraph (D);
(D) by striking subparagraph (A) and inserting the
following:
``(A) an identification of the program activities
that are aggregated, disaggregated, or consolidated as
part of identifying programs;
``(B) for each program activity described in
subparagraph (A), the amount of funding for the current
fiscal year and previous 2 fiscal years;
``(C) an estimate of the amount of funding for the
program;'';
(E) in subparagraph (D), as so redesignated, by
striking ``and'' at the end; and
(F) by adding at the end the following:
``(E) an identification of the statutes that
authorize the program and any major regulations
specific to the program;
``(F) for any program that provides grants or other
financial assistance to individuals or entities, for
the most recent fiscal year--
``(i) a description of the individuals
served by the program and beneficiaries who
received financial assistance under the
program, including an estimate of the number of
individuals and beneficiaries, to the extent
practicable;
``(ii) for each program for which the head
of an agency determines it is not practicable
to provide an estimate of the number of
individuals and beneficiaries served by the
program--
``(I) an explanation of why data
regarding the number of such
individuals and beneficiaries cannot be
provided; and
``(II) a discussion of the measures
that could be taken to gather the data
required to provide such an estimate;
and
``(iii) a description of--
``(I) the Federal employees who
administer the program, including the
number of full-time equivalents with a
pro rata estimate for full-time
equivalents associated with multiple
programs; and
``(II) other individuals whose
salary is paid in part or full by the
Federal Government through a grant,
contract, cooperative agreement, or
another form of financial award or
assistance who administer or assist in
any way in administering the program,
including the number of full-time
equivalents, to the extent practicable;
``(G) links to any evaluation, assessment, or
program performance reviews by the agency, an Inspector
General, or the Government Accountability Office
(including program performance reports required under
section 1116) released during the preceding 5 years;
and
``(H) to the extent practicable, financial and
other information for each program activity required to
be reported under the Federal Funding Accountability
and Transparency Act of 2006 (31 U.S.C. 6101 note).'';
and
(5) by adding at the end the following:
``(4) Information for smaller programs.--Information for
each program identified in the program inventory required under
paragraph (2) for which there is more than $1,000,000 and not
more than $10,000,000 in annual budget authority shall, at a
minimum, include--
``(A) an identification of the program activities
that are aggregated, disaggregated, or consolidated as
part of identifying programs;
``(B) for each program activity described in
subparagraph (A), the amount of funding for the current
fiscal year and previous 2 fiscal years;
``(C) an identification of the statutes that
authorize the program and any major regulations
specific to the program;
``(D) for any program that provides grants or other
financial assistance to individuals or entities, a
description of the individuals served by the program
and beneficiaries who received financial assistance
under the program for the most recent fiscal year; and
``(E) links to any evaluation, assessment, or
program performance reviews by the agency, an Inspector
General, or the Government Accountability Office
(including program performance reports required under
section 1116) released during the preceding 5 years.
``(5) Archiving.--After the end of each fiscal year, the
Director of the Office of Management and Budget shall archive
and preserve the information included in the program inventory
required under paragraph (2) relating to that fiscal year.''.
(b) Expired Grant Funding.--Not later than February 1 of each
fiscal year, the Director of the Office of Management and Budget shall
publish on a public website the total amount of undisbursed grant
funding remaining in grant accounts for which the period of
availability to the grantee has expired.
SEC. 3. GUIDANCE AND IMPLEMENTATION.
(a) Guidance.--Not later than June 30, 2018, the Director of the
Office of Management and Budget--
(1) shall prescribe guidance to implement this Act, and the
amendments made by this Act;
(2) shall issue guidance to agencies to identify how the
program activities used for reporting under the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note) are associated with programs identified in the program
inventory required under section 1122(a)(2)(C)(i) of title 31,
United States Code, as amended by subsection (a);
(3) may issue guidance to agencies to ensure that the
programs identified in the program inventory required under
section 1122(a)(2)(C)(i) of title 31, United States Code, as
amended by subsection (a), are presented at a similar level of
detail across agencies and are not duplicative or overlapping;
and
(4) may, based on an analysis of the costs of
implementation, and after submitting to Congress a notification
of the action by the Director--
(A) exempt from the requirements under section
1122(a) of title 31, United States Code, an agency
that--
(i) is not listed in section 901(b) of
title 31, United States Code; and
(ii) for the fiscal year during which the
exemption is made, has budget authority (as
defined in section 3 of the Congressional
Budget Act of 1974 (2 U.S.C. 622)) of not more
than $10,000,000; and
(B) extend the implementation deadline under
subsection (b) by not more than 1 year.
(b) Implementation.--This Act, and the amendments made by this Act,
shall be implemented not later than June 30, 2019.
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.
Passed the House of Representatives January 11, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Taxpayers Right-To-Know Act (Sec. 2) This bill requires that the website of the Office of Management and Budget (OMB) include a program inventory that identifies each program of the federal government for which there is more than $1 million in annual budget authority. Such inventory shall include: (1) any activity that is commonly referred to as a program by a federal agency, and (2) any activity that is referenced in law as a program after June 30, 2019. For programs identified in such inventory for which there is more than $1 million and not more than $10 million in annual budget authority (smaller programs), the inventory must include: an identification of the program activities that are aggregated, disaggregated, or consolidated as part of identifying programs; for each such program activity, the amount of funding for the current fiscal year and the previous two fiscal years; an identification of the statutes that authorize the program and any major regulations specific to the program; a description of the individuals served by a program and beneficiaries who received financial assistance under a program for the most recent fiscal year; and links to any evaluation, assessment, or program performance reviews by the agency, an Inspector General, or the Government Accountability Office released during the preceding five years. For programs identified in such inventory for which there is more than $10 million in annual budget authority (larger programs), the inventory must include: an identification of the program activities that are aggregated, disaggregated, or consolidated as part of identifying programs; for each program activity, the amount of funding for the current fiscal year and the previous two fiscal years; an estimate of the amount of funding for the program; an identification of the statutes that authorize the program and any major regulations specific to the program; a description and estimate of the number of individuals served by a program and beneficiaries who received financial assistance under a program for the most recent fiscal year; a description of the federal employees who administer the program and other individuals whose salary is paid in full or in part by the federal government through a grant, contract, cooperative agreement, or another form of financial award or assistance; links to any evaluation, assessment, or program performance reviews by the agency, an Inspector General, or the Government Accountability Office released during the preceding five years; and financial and other information for each program activity required to be reported under the Federal Funding Accountability and Transparency Act of 2006. The OMB shall: (1) archive and preserve the information included in the program inventory; and (2) not later than February 1 of each fiscal year, publish on a public website the total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired. (Sec. 3) The bill requires the OMB, not later than June 30, 2018, to: (1) prescribe guidance to implement this Act, and (2) issue guidance to assist agencies in identifying how the program activities used in budget or appropriations accounts correspond with programs identified in the program inventory required by this Act. The OMB may: (1) issue guidance to agencies to ensure that programs are presented at a similar level of detail across agencies and are not duplicative or overlapping; (2) exempt from the requirements of this Act, based on an analysis of the costs of implementation, agencies that are not required to have a chief financial officer and that have not more than $10 million in budget authority; and (3) extend the Act's implementation deadline by not more than one year. Implementation of the requirements in this bill must be completed not later than June 30, 2019. (Sec. 4) No additional funds may be authorized to carry out the requirements in this bill. | Taxpayers Right-To-Know Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Goods and Services Tax
Fairness Act of 2011''.
SEC. 2. FINDING.
The Congress finds that it is appropriate to exercise congressional
enforcement authority under section 5 of the 14th amendment to the
Constitution of the United States and Congress' plenary power under
article I, section 8, clause 3 of the Constitution of the United States
(commonly known as the ``commerce clause'') in order to ensure that
States and political subdivisions thereof do not discriminate against
providers and consumers of digital goods and digital services by
imposing multiple, excessive and discriminatory taxes and other burdens
on such providers and consumers.
SEC. 3. MULTIPLE AND DISCRIMINATORY TAXES PROHIBITED.
No State or local jurisdiction shall impose multiple or
discriminatory taxes on or with respect to the sale or use of digital
goods or digital services.
SEC. 4. RETAIL, SOURCING, AND OTHER LIMITATIONS AND RULES.
(a) Retail Limitation.--Taxes on or with respect to the sale of
digital goods or digital services may only be imposed on or with
respect to a sale to a customer.
(b) Taxpayer Limitation.--Taxes on or with respect to the sale of
digital goods or digital services may only be imposed on and collected
only from a customer or a seller.
(c) Sourcing Limitation.--
(1) In general.--Taxes on or with respect to the sale of
digital goods or digital services may be imposed only by the
State and local jurisdictions whose territorial limits
encompass the customer's tax address.
(2) Multiple locations.--If the sale of digital goods or
digital services is made to multiple locations of a customer,
whether simultaneously or over a period of time, the seller may
determine the customer's tax address or addresses using the
address or addresses of use as provided by the customer.
(3) Seller held harmless.--A seller that relies in good
faith on information provided by a customer to determine the
customer's tax address or addresses shall not be held liable
for any additional tax based on a different determination of
the customer's tax address or addresses.
(d) Limitation on Expansive Interpretation.--No tax on or with
respect to the sale or use of tangible personal property,
telecommunications service, Internet access service, or audio or video
programming service may be construed by any regulation, administrative
ruling, or otherwise, to be imposed on or with respect to the sale or
use of a digital good or a digital service. For purposes of this Act, a
transaction involving a digital good shall be characterized solely as a
transaction involving the provision of a digital service unless the
transaction results in the transfer or delivery of a complete copy,
with the right to use permanently or for a specified period, of the
digital good that is the subject of the transaction. No tax on or with
respect to the sale or use of a digital good may be construed by any
regulation, administrative ruling, or otherwise, to be imposed on or
with respect to the sale or use of a digital service. The limitations
provided by this subsection shall not apply to any construction of a
statute that was approved by a judicial interpretation of that statute
on or before the date of the enactment of this Act.
(e) Treatment of Bundled Goods and Services.--
(1) In general.--Subject to paragraph (2), if charges for
digital goods or digital services are aggregated with, and not
separately stated from, charges for other goods or services,
then the charges for digital goods or digital services may be
taxed for purposes of this Act at the same rate and on the same
basis as charges for the other goods or services unless the
seller can reasonably identify the charges for the digital
goods or digital services from its books and records kept in
the regular course of business.
(2) Charges for delivery and transport.--If the charge for
a digital good or digital service is aggregated with, and not
separately stated from, a charge for electronically delivering
or transporting the digital good, or providing the digital
service, to the customer, then the seller may either apply
paragraph (1) or treat the service of electronic delivery or
transport as a non-severable and incidental component of the
digital good or digital service.
(f) Treatment of Digital Code.--The tax treatment of the sale of a
digital code shall be the same as the tax treatment of the sale of the
digital good or digital service to which the digital code relates. The
sale of the digital code shall be considered the sale transaction for
purposes of this Act.
SEC. 5. DEFINITIONS.
In this Act:
(1) Customer.--
(A) In general.--Subject to subparagraph (B), the
term ``customer'' means a person that purchases a
digital good or digital service, for a purpose other
than resale.
(B) End user.--For the purpose of determining a
place of primary use under paragraph (2)(A), the term
``customer'' means the ``end user'' (as such term is
used in section 124 of title 4, United States Code) of
the purchased digital good or digital service.
(2) Customer's tax address.--The term ``customer's tax
address'' means--
(A) with respect to digital goods or digital
services that are sold to a customer by a provider of
mobile telecommunications service that is subject to
being sourced under section 117 of title 4, United
States Code, or for which the charges are billed to the
customer by such provider, and delivered or transferred
electronically by means of such provider's mobile
telecommunications service, the customer's place of
primary use, as defined in section 124 of such title;
(B) if subparagraph (A) does not apply, and if the
digital good or digital service is received by the
customer at a business location of the seller, such
business location;
(C) if neither subparagraph (A) nor subparagraph
(B) applies, and if the location where the digital good
or digital service is received by the customer is known
to the seller, such location;
(D) if none of subparagraphs (A) through (C)
applies, the customer's address that is either known to
the seller or, if not known, obtained by the seller
during the consummation of the transaction, including
the address of the customer's payment instrument if no
other address is available;
(E) if an address is neither known nor obtained as
provided in subparagraph (D), the address of the seller
from which the digital good or digital service was
sold; and
(F) notwithstanding subparagraphs (A) through (E),
for digital goods that are delivered or transferred, or
digital services that are provided, to a person other
than the customer, including advertising services, the
location of delivery, transfer, or provision if known
or, otherwise, the customer's address determined under
subparagraph (D) or (E).
(3) Delivered or transferred electronically; provided
electronically.--The term ``delivered or transferred
electronically'' means delivered or transferred by means other
than tangible storage media, and the term ``provided
electronically'' means provided remotely via electronic means.
(4) Digital code.--The term ``digital code'' means a code
that conveys only the right to obtain a single type of digital
good or digital service.
(5) Digital good.--The term ``digital good'' means any good
or product that is delivered or transferred electronically,
including software, information maintained in digital format,
digital audio-visual works, digital audio works, and digital
books.
(6) Digital service.--
(A) In general.--The term ``digital service'' means
any service that is provided electronically, including
the provision of remote access to or use of a digital
good.
(B) Exception.--
(i) In general.--The term ``digital
service'' does not include telecommunications
service, Internet access service, or audio or
video programming service.
(ii) Audio or video programming.--The term
``audio or video programming'' means
programming provided by, or generally
considered comparable to programming provided
by, a radio or television broadcast station.
(iii) Video programming.--The term ``video
programming'' shall not include interactive on-
demand services (as defined section 602(12) of
the Communications Act of 1934 (47 U.S.C.
522(12)), pay-per-view services, or services
generally considered comparable to such
services regardless of the technology used to
provide such services.
(7) Discriminatory tax.--
(A) In general.--The term ``discriminatory tax''
means any tax imposed by a State or local
jurisdiction--
(i) on or with respect to the sale or use
of any digital good or digital service at a
higher rate than is generally imposed on or
with respect to the sale or use of tangible
personal property or of similar services that
are not provided electronically;
(ii) on or with respect to any seller of
digital goods or digital services at a higher
rate or by incorporating a broader tax base
than is generally imposed on or with respect to
sellers in transactions involving tangible
personal property or involving similar services
that are not provided electronically, except
that this clause shall apply only to the extent
that the higher rate or broader tax base is
attributable to the fact that such person sells
digital goods or digital services;
(iii) that is required to be collected with
respect to the sale or use of digital goods or
digital services by different sellers or under
other terms that are disadvantageous to those
applied in taxing the sale or use of tangible
personal property or of similar services that
are not provided electronically; or
(iv) on or with respect to any separately
stated amount that is charged by the seller of
a specific digital good or digital service, and
is directly related to electronically
delivering or transferring that good or
service, at a higher rate than is generally
imposed on or with respect to delivery charges,
or shipping and handling charges, on tangible
personal property.
(B) Application.--For purposes of this paragraph,
all taxes, tax rates, exemptions, deductions, credits,
incentives, exclusions, and other similar factors shall
be taken into account in determining whether a tax is a
discriminatory tax.
(8) Generally imposed.--A tax shall not be considered
``generally imposed'' if it is imposed only on specific
services, specific industries or business segments, or specific
types of property.
(9) Multiple tax.--The term ``multiple tax'' means any tax
that is imposed on or with respect to the sale or use of a
digital good or a digital service by a State or local
jurisdiction, for which such State or local jurisdiction gives
no credit with respect to a tax that was previously paid on or
with respect to the sale or use of such digital good or digital
service to another State or local jurisdiction, unless the
territorial limits of the jurisdiction imposing the earlier tax
and the jurisdiction imposing the later tax both encompass the
same tax address of the customer.
(10) Purchase for resale.--A digital good or digital
service is purchased for the purpose of resale if such good or
service is purchased for the purpose of reselling it, or for
using it as a component part of or integration into another
digital good or digital service that is to be sold to another
person, and includes the purchase of a digital good or digital
service for further commercial broadcast, rebroadcast,
streaming, restreaming, transmission, retransmission,
licensing, relicensing, reproduction, copying, distribution,
redistribution, or exhibition of the digital good or digital
service, in whole or in part, to another person.
(11) Sale and purchase.--The terms ``sale'' and
``purchase'', and all variations thereof, shall include lease,
rent, and license, and corresponding variations thereof.
(12) Seller.--The term ``seller'' means a person making
sales of tangible personal property, digital goods, digital
services, or other services, and does not include a person that
provides, on behalf of another person, order taking, order
fulfillment, billing, or electronic delivery or transfer
service with respect to the sale of a digital good or a digital
service.
(13) State or local jurisdiction.--The term ``State or
local jurisdiction'' means any of the several States, the
District of Columbia, any territory or possession of the United
States, a political subdivision of any State, territory, or
possession, or any governmental entity or person acting on
behalf of such State, territory, possession, or subdivision and
with the authority to assess, impose, levy, or collect taxes.
(14) Tax.--The term ``tax'' means any charge imposed by any
State or local jurisdiction for the purpose of generating
revenues for governmental purposes, including any tax, charge,
or fee levied as a fixed charge or measured by gross amounts
charged, regardless of whether such tax, charge, or fee is
imposed on the seller or the customer and regardless of the
terminology used to describe the tax, charge, or fee. Such term
does not include a tax on or measured by net income or an ad
valorem tax.
SEC. 6. FEDERAL JURISDICTION.
Notwithstanding section 1341 of title 28, United States Code, and
without regard to the amount in controversy or citizenship of the
parties, a district court of the United States has jurisdiction,
concurrent with other jurisdiction of courts of the United States and
the States, to prevent a violation of this Act.
SEC. 7. EFFECTIVE DATE; APPLICATION.
(a) General Rule.--This Act shall take effect on the date of the
enactment of this Act.
(b) Application to Liabilities and Pending Cases.--Nothing in this
Act shall affect liability for taxes accrued and enforced before the
date of the enactment of this Act, or affect ongoing litigation
relating to such taxes, except as provided in section 4(d) of this Act.
SEC. 8. SENSE OF CONGRESS.
It is the sense of Congress that each State shall take reasonable
steps necessary to prevent multiple taxation of digital goods and
digital services in situations where a foreign country has imposed a
tax on such goods or services.
SEC. 9. SAVINGS PROVISION.
If any provision or part of this Act is held to be invalid or
unenforceable by a court of competent jurisdiction for any reason, such
holding shall not affect the validity or enforceability of any other
provision or part of this Act. | Digital Goods and Services Tax Fairness Act of 2011 - Prohibits a state or local jurisdiction from imposing multiple or discriminatory taxes on or with respect to the sale or use of digital goods or services delivered or transferred electronically to a customer. Excludes from the definition of "digital service" telecommunications service, Internet access service, or audio or video programming service.
Restricts taxation of digital goods and services to the retail sale of such goods and services and by the jurisdiction encompassing a customer's tax address.
Prohibits the use of existing regulations or administrative rulings relating to the taxation of tangible personal property or other services to impose any tax on the sale or use of digital goods or services.
Grants jurisdiction to federal district courts to prevent a violation of this Act, without regard to the amount in controversy or the citizenship of the parties.
Expresses the sense of Congress that each state shall take reasonable steps to prevent multiple taxation of digital goods and services where a foreign country has imposed a tax on such goods and services. | To promote neutrality, simplicity, and fairness in the taxation of digital goods and digital services. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Western Oregon
Tribal Fairness Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COW CREEK UMPQUA LAND CONVEYANCE
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Conveyance.
Sec. 104. Map and legal description.
Sec. 105. Administration.
Sec. 106. Land reclassification.
TITLE II--COQUILLE FOREST FAIRNESS
Sec. 201. Short title.
Sec. 202. Amendments to Coquille Restoration Act.
TITLE III--OREGON COASTAL LANDS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Conveyance.
Sec. 304. Map and legal description.
Sec. 305. Administration.
Sec. 306. Land reclassification.
TITLE I--COW CREEK UMPQUA LAND CONVEYANCE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Cow Creek Umpqua Land Conveyance
Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) Council creek land.--The term ``Council Creek land''
means the approximately 17,519 acres of land, as generally
depicted on the map entitled ``Canyon Mountain Land
Conveyance'' and dated June 27, 2013.
(2) Tribe.--The term ``Tribe'' means the Cow Creek Band of
Umpqua Tribe of Indians.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 103. CONVEYANCE.
(a) In General.--Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in
and to the Council Creek land, including any improvements located on
the land, appurtenances to the land, and minerals on or in the land,
including oil and gas, shall be--
(1) held in trust by the United States for the benefit of
the Tribe; and
(2) part of the reservation of the Tribe.
(b) Survey.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).
SEC. 104. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and legal description of
the Council Creek land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed under
subsection (a) shall have the same force and effect as if included in
this title, except that the Secretary may correct any clerical or
typographical errors in the map or legal description.
(c) Public Availability.--The map and legal description filed under
subsection (a) shall be on file and available for public inspection in
the Office of the Secretary.
SEC. 105. ADMINISTRATION.
(a) In General.--Unless expressly provided in this title, nothing
in this title affects any right or claim of the Tribe existing on the
date of enactment of this Act to any land or interest in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed logs
that are harvested from the Council Creek land.
(2) Non-permissible use of land.--Any real property taken
into trust under section 103 shall not be eligible, or used,
for any gaming activity carried out under Public Law 100-497
(25 U.S.C. 2701 et seq.).
(c) Forest Management.--Any forest management activity that is
carried out on the Council Creek land shall be managed in accordance
with all applicable Federal laws.
SEC. 106. LAND RECLASSIFICATION.
(a) Identification of Oregon and California Railroad Grant Land.--
Not later than 180 days after the date of enactment of this Act, the
Secretary of Agriculture and the Secretary shall identify any Oregon
and California Railroad grant land that is held in trust by the United
States for the benefit of the Tribe under section 103.
(b) Identification of Public Domain Land.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall identify
public domain land in the State of Oregon that--
(1) is approximately equal in acreage and condition as the
Oregon and California Railroad grant land identified under
subsection (a); and
(2) is located in the vicinity of the Oregon and California
Railroad grant land.
(c) Maps.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress and publish in the
Federal Register one or more maps depicting the land identified in
subsections (a) and (b).
(d) Reclassification.--
(1) In general.--After providing an opportunity for public
comment, the Secretary shall reclassify the land identified in
subsection (b) as Oregon and California Railroad grant land.
(2) Applicability.--The Act of August 28, 1937 (43 U.S.C.
1181a et seq.), shall apply to land reclassified as Oregon and
California Railroad grant land under paragraph (1).
TITLE II--COQUILLE FOREST FAIRNESS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Coquille Forest Fairness Act''.
SEC. 202. AMENDMENTS TO COQUILLE RESTORATION ACT.
Section 5(d) of the Coquille Restoration Act (25 U.S.C. 715c(d)) is
amended--
(1) by striking paragraph (5) and inserting the following:
``(5) Management.--
``(A) In general.--Subject to subparagraph (B), the
Secretary, acting through the Assistant Secretary for
Indian Affairs, shall manage the Coquille Forest in
accordance with the laws pertaining to the management
of Indian trust land.
``(B) Administration.--
``(i) Unprocessed logs.--Unprocessed logs
harvested from the Coquille Forest shall be
subject to the same Federal statutory
restrictions on export to foreign nations that
apply to unprocessed logs harvested from
Federal land.
``(ii) Sales of timber.--Notwithstanding
any other provision of law, all sales of timber
from land subject to this subsection shall be
advertised, offered, and awarded according to
competitive bidding practices, with sales being
awarded to the highest responsible bidder.'';
(2) by striking paragraph (9); and
(3) by redesignating paragraphs (10) through (12) as
paragraphs (9) through (11), respectively.
TITLE III--OREGON COASTAL LANDS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Oregon Coastal Lands Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Confederated tribes.--The term ``Confederated Tribes''
means the Confederated Tribes of Coos, Lower Umpqua, and
Siuslaw Indians.
(2) Oregon coastal land.--The term ``Oregon Coastal land''
means the approximately 14,408 acres of land, as generally
depicted on the map entitled ``Oregon Coastal Land Conveyance''
and dated March 27, 2013.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 303. CONVEYANCE.
(a) In General.--Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in
and to the Oregon Coastal land, including any improvements located on
the land, appurtenances to the land, and minerals on or in the land,
including oil and gas, shall be--
(1) held in trust by the United States for the benefit of
the Confederated Tribes; and
(2) part of the reservation of the Confederated Tribes.
(b) Survey.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).
SEC. 304. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and legal description of
the Oregon Coastal land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed under
subsection (a) shall have the same force and effect as if included in
this title, except that the Secretary may correct any clerical or
typographical errors in the map or legal description.
(c) Public Availability.--The map and legal description filed under
subsection (a) shall be on file and available for public inspection in
the Office of the Secretary.
SEC. 305. ADMINISTRATION.
(a) In General.--Unless expressly provided in this title, nothing
in this title affects any right or claim of the Confederated Tribes
existing on the date of enactment of this Act to any land or interest
in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed logs
that are harvested from the Oregon Coastal land taken into
trust under section 303.
(2) Non-permissible use of land.--Any real property taken
into trust under section 303 shall not be eligible, or used,
for any gaming activity carried out under Public Law 100-497
(25 U.S.C. 2701 et seq.).
(c) Laws Applicable to Commercial Forestry Activity.--Any
commercial forestry activity that is carried out on the Oregon Coastal
land taken into trust under section 303 shall be managed in accordance
with all applicable Federal laws.
(d) Agreements.--The Confederated Tribes shall consult with the
Secretary and other parties as necessary to develop agreements to
provide for access to the Oregon Coastal land taken into trust under
section 303 that provide for--
(1) honoring existing reciprocal right-of-way agreements;
(2) administrative access by the Bureau of Land Management;
and
(3) management of the Oregon Coastal lands that are
acquired or developed under chapter 2003 of title 54, United
States Code (commonly known as the ``Land and Water
Conservation Fund Act of 1965''), consistent with section
200305(f)(3) of that title.
(e) Land Use Planning Requirements.--Except as provided in
subsection (c), once the Oregon Coastal land is taken into trust under
section 303, the land shall not be subject to the land use planning
requirements of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) or the Act of August 28, 1937 (43 U.S.C. 1181a et
seq.).
SEC. 306. LAND RECLASSIFICATION.
(a) Identification of Oregon and California Railroad Grant Land.--
Not later than 180 days after the date of enactment of this Act, the
Secretary of Agriculture and the Secretary shall identify any Oregon
and California Railroad grant land that is held in trust by the United
States for the benefit of the Confederated Tribes under section 303.
(b) Identification of Public Domain Land.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall identify
public domain land in the State of Oregon that--
(1) is approximately equal in acreage and condition as the
Oregon and California Railroad grant land identified under
subsection (a); and
(2) is located in the vicinity of the Oregon and California
Railroad grant land.
(c) Maps.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress and publish in the
Federal Register one or more maps depicting the land identified in
subsections (a) and (b).
(d) Reclassification.--
(1) In general.--After providing an opportunity for public
comment, the Secretary shall
reclassify the land identified in subsection (b) as Oregon and
California Railroad grant land.
(2) Applicability.--The Act of August 28, 1937 (43 U.S.C.
1181a et seq.), shall apply to land reclassified as Oregon and
California Railroad grant land under paragraph (1).
Passed the House of Representatives September 16, 2015.
Attest:
KAREN L. HAAS,
Clerk. | . Western Oregon Tribal Fairness Act TITLE I--COW CREEK UMPQUA LAND CONVEYANCE Cow Creek Umpqua Land Conveyance Act (Sec. 103) This bill requires that 17,519 acres of land be held in trust for, and be part of the reservation of, the Cow Creek Band of Umpqua Tribe of Indians. (Sec. 105) Federal law applies to the export of unprocessed logs harvested from this land and to forest management on this land. Gaming on this land is prohibited. (Sec. 106) The Department of the Interior must reclassify public domain land as Oregon and California Railroad grant land in equal acreage as grant land held in trust as part of this land. TITLE II--COQUILLE FOREST FAIRNESS Coquille Forest Fairness Act (Sec. 202) This bill amends the Coquille Restoration Act to remove the requirement that Interior manage the Coquille Forest in accordance with state and federal forestry and environmental protection laws. This bill strikes a provision giving the U.S. District Court for the District of Oregon jurisdiction over certain actions concerning the Coquille Forest and limiting remedies to equitable relief. TITLE III--OREGON COASTAL LANDS Oregon Coastal Lands Act (Sec. 303) This bill requires that 14,408 acres of land be held in trust for, and be part of the reservation of, the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. (Sec. 305) Federal law applies to the export of unprocessed logs harvested from this land and to forest management on this land. Gaming on this land is prohibited. (Sec. 306) Interior must reclassify public domain land as Oregon and California Railroad grant land in equal acreage as grant land held in trust as part of this land. | Western Oregon Tribal Fairness Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business and Financial
Institutions Tax Relief Act of 2001''.
SEC. 2. ELIGIBLE SHAREHOLDERS OF S CORPORATION BANKS TO INCLUDE IRAS.
(a) In General.--Section 1361(c)(2)(A) of the Internal Revenue Code
of 1986 (relating to certain trusts permitted as shareholders) is
amended by inserting after clause (v) the following:
``(vi) In the case of a corporation which
is a bank (as defined in section 581), a trust
which constitutes an individual retirement
account under section 408(a), including one
designated as a Roth IRA under section 408A,
but only to the extent of the stock held in
such bank as of the date of the enactment of
this clause.''
(b) Treatment as Shareholder.--Section 1361(c)(2)(B) of the
Internal Revenue Code of 1986 (relating to treatment as shareholders)
is amended by adding at the end the following:
``(vi) In the case of a trust described in
clause (vi) of subparagraph (A), the individual
for whose benefit the trust was created shall
be treated as a shareholder.''
(c) Sale of Stock in IRA Relating To S Corporation Election Exempt
From Prohibited Transaction Rules.--Section 4975(d) of the Internal
Revenue Code of 1986 (relating to exemptions) is amended by striking
``or'' at the end of paragraph (14), by striking the period at the end
of paragraph (15) and inserting ``; or'', and by adding at the end the
following:
``(16) a sale of stock held by a trust which constitutes an
individual retirement account under section 408(a) to the
individual for whose benefit such account is established if
such sale is pursuant to an election under section 1362(a).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 3. EXCLUSION OF INVESTMENT SECURITIES INCOME FROM PASSIVE INCOME
TEST FOR BANK S CORPORATIONS.
(a) In General.--Section 1362(d)(3)(C) of the Internal Revenue Code
of 1986 (defining passive investment income) is amended by adding at
the end the following:
``(v) Exception for banks; etc.--In the
case of a bank (as defined in section 581), a
bank holding company (as defined in section
246A(c)(3)(B)(ii)), or a qualified subchapter S
subsidiary bank, the term `passive investment
income' shall not include--
``(I) interest income earned by
such bank, bank holding company, or
qualified subchapter S subsidiary bank,
or
``(II) dividends on assets required
to be held by such bank, bank holding
company, or qualified subchapter S
subsidiary bank to conduct a banking
business, including stock in the
Federal Reserve Bank, the Federal Home
Loan Bank, or the Federal Agricultural
Mortgage Bank or participation
certificates issued by a Federal
Intermediate Credit Bank.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1996.
SEC. 4. INCREASE IN NUMBER OF ELIGIBLE SHAREHOLDERS TO 150.
(a) In General.--Section 1361(b)(1)(A) of the Internal Revenue Code
of 1986 (defining small business corporation) is amended by striking
``75 shareholders'' and inserting ``150 shareholders (100 shareholders
in the case of taxable years beginning after 2001 and before 2006 and
125 shareholders in the case of taxable years beginning after 2005 and
before 2009)''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2001.
SEC. 5. TREATMENT OF QUALIFYING DIRECTOR SHARES.
(a) In General.--Section 1361 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(f) Treatment of Qualifying Director Shares.--
``(1) In general.--For purposes of this subchapter--
``(A) qualifying director shares shall not be
treated as a second class of stock, and
``(B) no person shall be treated as a shareholder
of the corporation by reason of holding qualifying
director shares.
``(2) Qualifying director shares defined.--For purposes of
this subsection, the term `qualifying director shares' means
any shares of stock in a bank (as defined in section 581) or in
a bank holding company registered as such with the Federal
Reserve System--
``(i) which are held by an individual
solely by reason of status as a director of
such bank or company or its controlled
subsidiary; and
``(ii) which are subject to an agreement
pursuant to which the holder is required to
dispose of the shares of stock upon termination
of the holder's status as a director at the
same price as the individual acquired such
shares of stock.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to qualifying director shares shall be includible as ordinary
income of the holder and deductible to the corporation as an expense in
computing taxable income under section 1363(b) in the year such
distribution is received.''
(b) Conforming Amendments.--
(1) Section 1361(b)(1) of the Internal Revenue Code of 1986
is amended by inserting ``, except as provided in subsection
(f),'' before ``which does not''.
(2) Section 1366(a) of such Code is amended by adding at
the end the following:
``(3) Allocation with respect to qualifying director
shares.--The holders of qualifying director shares (as defined
in section 1361(f)) shall not, with respect to such shares of
stock, be allocated any of the items described in paragraph
(1).''
(3) Section 1373(a) of such Code is amended by striking
``and'' at the end of paragraph (1), by striking the period at
the end of paragraph (2) and inserting ``, and'', and adding at
the end the following:
``(3) no amount of an expense deductible under this
subchapter by reason of section 1361(f)(3) shall be apportioned
or allocated to such income.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
SEC. 6. BAD DEBT CHARGE OFFS IN YEARS AFTER ELECTION YEAR TREATED AS
ITEMS OF BUILT-IN LOSS.
The Secretary of the Treasury shall modify Regulation 1.1374-4(f)
for S corporation elections made in taxable years beginning after
December 31, 1996, with respect to bad debt deductions under section
166 of the Internal Revenue Code of 1986 to treat such deductions as
built-in losses under section 1374(d)(4) of such Code during the entire
period during which the bank recognizes built-in gains from changing
its accounting method for recognizing bad debts from the reserve method
under section 585 of such Code to the charge-off method under section
166 of such Code.
SEC. 7. INCLUSION OF BANKS IN 3-YEAR S CORPORATION RULE FOR CORPORATE
PREFERENCE ITEMS.
(a) In General.--Section 1363(b) of the Internal Revenue Code of
1986 (relating to computation of corporation's taxable income) is
amended by adding at the end the following new flush sentence:
``Paragraph (4) shall apply to any bank whether such bank is an S
corporation or a qualified subchapter S subsidiary.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2001.
SEC. 8. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE
FAMILY LIMITED PARTNERSHIPS.
(a) In General.--Section 1361(b)(1)(B) of the Internal Revenue Code
of 1986 (defining small business corporation) is amended--
(1) by striking ``or an organization'' and inserting ``an
organization'', and
(2) by inserting ``, or a family partnership described in
subsection (c)(8)'' after ``subsection (c)(6)''.
(b) Family Partnership.--Section 1361(c) of the Internal Revenue
Code of 1986 (relating to special rules for applying subsection (b)),
as amended by section 5, is amended by adding at the end the following:
``(8) Family partnerships.--
``(A) In general.--For purposes of subsection
(b)(1)(B), any partnership or limited liability company
may be a shareholder in an S corporation if--
``(i) all partners or members are members
of 1 family as determined under section
704(e)(3), and
``(ii) all of the partners or members would
otherwise be eligible shareholders of an S
corporation.
``(B) Treatment as shareholders.--For purposes of
subsection (b)(1)(A), in the case of a partnership or
limited liability company described in subparagraph
(A), each partner or member shall be treated as a
shareholder.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 9. ISSUANCE OF PREFERRED STOCK PERMITTED.
(a) In General.--Section 1361 of the Internal Revenue Code of 1986,
as amended by section 5(a), is amended by adding at the end the
following:
``(g) Treatment of Qualified Preferred Stock.--
``(1) In general.--For purposes of this subchapter--
``(A) qualified preferred stock shall not be
treated as a second class of stock, and
``(B) no person shall be treated as a shareholder
of the corporation by reason of holding qualified
preferred stock.
``(2) Qualified preferred stock defined.--For purposes of
this subsection, the term `qualified preferred stock' means
stock which meets the requirements of subparagraphs (A), (B),
and (C) of section 1504(a)(4). Stock shall not fail to be
treated as qualified preferred stock solely because it is
convertible into other stock.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to qualified preferred stock shall be includible as
ordinary income of the holder and deductible to the corporation
as an expense in computing taxable income under section 1363(b)
in the year such distribution is received.''
(b) Conforming Amendments.--
(1) Section 1361(b)(1) of the Internal Revenue Code of
1986, as amended by section 5(b)(1), is amended by striking
``subsection (f)'' and inserting ``subsections (f) and (g)''.
(2) Section 1366(a) of such Code, as amended by section
5(b)(2), is amended by adding at the end the following:
``(4) Allocation with respect to qualified preferred
stock.--The holders of qualified preferred stock (as defined in
section 1361(g)) shall not, with respect to such stock, be
allocated any of the items described in paragraph (1).''
(3) Section 1373(a)(3) of such Code, as added by section
5(b)(3), is amended by inserting ``or 1361(g)(3)'' after
``section 1361(f)(3)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 10. CONSENT TO ELECTIONS.
(a) 90 Percent of Shares Required for Consent to Election.--Section
1362(a)(2) of the Internal Revenue Code of 1986 (relating to all
shareholders must consent to election) is amended--
(1) by striking ``all persons who are shareholders in'' and
inserting ``shareholders holding at least 90 percent of the
shares of'', and
(2) by striking ``All shareholders'' in the heading and
inserting ``At least 90 percent of shares''.
(b) Rules for Consent.--Section 1362(a) of the Internal Revenue
Code of 1986 (relating to election) is amended by adding at the end the
following:
``(3) Rules for consent.--For purposes of making any
consent required under paragraph (2) or subsection (d)(1)(B)--
``(A) each joint owner of shares shall consent with
respect to such shares,
``(B) the personal representative or other
fiduciary authorized to act on behalf of the estate of
a deceased individual shall consent for the estate,
``(C) one parent, the custodian, the guardian, or
the conservator shall consent with respect to shares
owned by a minor or subject to a custodianship,
guardianship, conservatorship, or similar arrangement,
``(D) the trustee of a trust shall consent with
respect to shares owned in trust,
``(E) the trustee of the estate of a bankrupt
individual shall consent for shares owned by a
bankruptcy estate,
``(F) an authorized officer or the trustee of an
organization described in subsection (c)(6) shall
consent for the shares owned by such organization, and
``(G) in the case of a partnership or limited
liability company described in subsection (c)(8)--
``(i) all general partners shall consent
with respect to shares owned by such
partnership,
``(ii) all managers shall consent with
respect to shares owned by such company if
management of such company is vested in 1 or
more managers, and
``(iii) all members shall consent with
respect to shares owned by such company if
management of such company is vested in the
members.''
(c) Treatment of Nonconsenting Shareholder Stock.--
(1) In general.--Section 1361 of the Internal Revenue Code
of 1986, as amended by section 9(a), is amended by adding at
the end the following:
``(h) Treatment of Nonconsenting Shareholder Stock.--
``(1) In general.--For purposes of this subchapter--
``(A) nonconsenting shareholder stock shall not be
treated as a second class of stock,
``(B) such stock shall be treated as C corporation
stock, and
``(C) the shareholder's pro rata share under
section 1366(a)(1) with respect to such stock shall be
subject to tax paid by the S corporation at the highest
rate of tax specified in section 11(b).
``(2) Nonconsenting shareholder stock defined.--For
purposes of this subsection, the term `nonconsenting
shareholder stock' means stock of an S corporation which is
held by a shareholder who did not consent to an election under
section 1362(a) with respect to such S corporation.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to nonconsenting shareholder stock shall be includible
as ordinary income of the holder and deductible to the
corporation as an expense in computing taxable income under
section 1363(b) in the year such distribution is received.''
(2) Conforming amendment.--Section 1361(b)(1) of the
Internal Revenue Code of 1986, as amended by section 9(b)(1),
is amended by striking ``subsections (f) and (g)'' and
inserting ``subsections (f), (g), and (h)''.
(d) Effective Date.--The amendments made by this section shall
apply to elections made in taxable years beginning after December 31,
2001.
SEC. 11. INFORMATION RETURNS FOR QUALIFIED SUBCHAPTER S SUBSIDIARIES.
(a) In General.--Section 1361(b)(3)(A) of the Internal Revenue Code
of 1986 (relating to treatment of certain wholly owned subsidiaries) is
amended by inserting ``and in the case of information returns required
under part III of subchapter A of chapter 61'' after ``Secretary''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2001.
SEC. 12. ALLOWANCE OF CHARITABLE CONTRIBUTIONS OF INVENTORY AND
SCIENTIFIC PROPERTY.
(a) In General.--Section 170(e) of the Internal Revenue Code of
1986 (relating to certain contributions of ordinary income and capital
gain property) is amended--
(1) by striking ``(other than a corporation which is an S
corporation)'' in paragraph (3)(A), and
(2) by striking clause (i) of paragraph (4)(D) and by
redesignating clauses (ii) and (iii) of such paragraph as
clauses (i) and (ii), respectively.
(b) Stock Basis Adjustment.--Paragraph (1) of section 1367(a) of
such Code (relating to adjustments to basis of stock of shareholders,
etc.) is amended by striking ``and'' at the end of subparagraph (B), by
striking the period at the end of subparagraphs (C) and inserting ``,
and'', and by adding at the end the following new subparagraph:
``(D) the excess of the deductions for charitable
contributions over the basis of the property
contributed.''
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2001. | Small Business and Financial Institutions Tax Relief Act of 2001 - Amends the Internal Revenue Code, with respect to S corporations, to, among other things: (1) permit a trust constituting an individual retirement account as an S corporation bank shareholder; (2) exclude certain investment income from the definition of passive income for an S corporation bank; (3) increase the maximum number of shareholders a small business organization may have to be eligible to elect S corporation treatment; (4) state that stock held by a bank director as required by banking regulations (director qualifying stock) shall not be considered a disqualifying second class of S corporation stock; (5) direct the Secretary of the Treasury to modify a certain regulation to permit an S corporation bank to treat certain bad debt deductions as built-in losses during the entire period during which the bank recognized built-in gains from changing its accounting method for recognizing bad debts from the reserve method to the charge-off method; (6) include all banks within the three-year deduction preference rule; (7) reduce from 100 percent to 90 percent the percentage of shares held by shareholders necessary for consent to election by a small business organization to be an S corporation; (8) revise exceptions to the criteria for the treatment of certain wholly owned subchapter S subsidiaries with reference to required information returns; and (9) permit S corporations to make charitable contributions of inventory and scientific property. | To amend the Internal Revenue Code of 1986 to expand S corporation eligibility for banks, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Space Access Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has been the preeminent leader in
human spaceflight for nearly 50 years. Under NASA's leadership,
this Nation has engaged many countries, including former
adversaries, in a series of peaceful space missions that have
contributed to mutual trust and understanding that continue to
this day.
(2) The planning and development of the International Space
Station (ISS) is the culmination of many of these
collaborations, bringing together through NASA's leadership a
number of foreign partners to invest and participate in its
construction and operation. It is the most technologically
challenging and complex project ever undertaken. The United
States has been the largest contributor, having invested tens
of billions of dollars developing, building, and transporting
components of the International Space Station to orbit.
(3) One of the guiding principles articulated in National
Security Presidential Directive 49, United States National
Space Policy, states, ``The United States considers space
capabilities--including the ground and space segments and
supporting links--vital to its national interests. Consistent
with this policy, the United States will preserve its rights,
capabilities, and freedom of action in space; dissuade or deter
others from either impeding those rights or developing
capabilities intended to do so; take those actions necessary to
protect its space capabilities; respond to interference; and
deny, if necessary, adversaries the use of space capabilities
hostile to U.S. national interests''.
(4) The International Space Station is nearing completion,
with remaining ISS construction missions scheduled to be
concluded in 2010. The Station's crew size will increase to 6,
enabling the full utilization of its laboratories and research
facilities in a microgravity environment for the decade to
come. Routine and assured access to the Station is critical if
we are to capitalize on our investment.
(5) In January 2004, the President directed NASA to honor
our international commitments to complete the assembly of the
International Space Station and retire the Space Shuttle by
2010. The directive also called for the development of a new
system to enable astronauts to travel beyond low Earth orbit.
This system, the Constellation System, consisting of the Orion
crew exploration vehicle and Ares launch vehicle, would also be
capable of traveling to the International Space Station but
would not be available until 4 years after the projected
retirement of the Space Shuttle. This plan was ratified by
Congress in the National Aeronautics and Space Administration
Authorization Act of 2005 (Public Law 109-155).
(6) Other nations are now investing heavily to develop
manned spaceflight and robotic capabilities. During the planned
gap following retirement of the Space Shuttle, these nations
are expected to enhance their space capabilities, jeopardizing
our Nation's preeminence and our ability to influence other
space-faring nations, contrary to the national policy (National
Security Presidential Directive 49). United States influence in
world affairs and our ability to shape future peaceful uses in
space will be imperiled.
(7) Congress believes it is imperative that NASA reduce our
Nation's dependence on foreign launch providers to access the
International Space Station. The planned gap has expanded to 5
years, and if development problems are encountered, the gap
will continue to widen. A 5-year or more gap is too long to
rely on other nations to access the International Space
Station, the bulk of which we have provided.
(8) Unless Space Shuttle operations are extended beyond
2010, the United States will be heavily reliant on Russia to
supply crew and possibly cargo transport services to the
International Space Station during the gap period of 2010
through 2015. There is no other proven and reliable means of
transporting our astronauts into space during this period.
(9) The United States should not increase its reliance on
Russia to transport American astronauts into space, given the
increasingly divergent views and posturing from Russia. Russia
opposes the United States plan to base an antimissile radar
system in the Czech Republic and interceptor missiles in Poland
to counter the threat posed by the Iranian nuclear weapons and
missile programs. Russia also suspended its participation in
the Conventional Forces in Europe (CFE) treaty, one of the most
significant arms control agreements of the Cold War years.
Additionally, Russia continues to arm some of America's
adversaries. Despite United States objections, Russia provided
billions of dollars worth of weapons to the regime of Hugo
Chavez in Venezuela in 2006. Such meddling is a possible
violation of the Monroe Doctrine and a throwback to the Cold
War era. Even more troublesome is the Russian history of
weapons trading with Iran. Russia has supplied advanced
conventional arms technology, missile technology, and nuclear
technologies to this very anti-American regime.
(10) In the late 1990s, Russia fell short in fulfilling its
commitment to the International Space Station.
(11) NASA was forced to transfer hundreds of millions of
dollars to enable the Russians to complete the critical Space
Station service module Zvezda, without which the International
Space Station could not operate.
(12) Russia delayed completion of the Zvezda service module
for several years. Under the International Space Station
agreement, the Russian government had committed to fund as well
as build the Zvezda service module. Subsequent transfers from
the United States, in order to complete the module, reflect
serious Russian mismanagement in the field of space.
(13) In 2000, while Russia was failing to meet its
commitment to the International Space Station, Russia was
diverting financial and human resources away from fulfilling
its International Space Station commitments in order to keep
the Russian's Mir Space Station aloft.
(14) Russia's past shortcomings in fulfilling commitments
to its international space partners should serve as a warning
to the United States as we consider increased reliance on
Russian space services in the future. It is not prudent for the
United States to depend on Russia for access to space given our
past experience with this relationship.
(15) The United States has already invested tens of
billions of dollars in the International Space Station program
since its inception.
(16) There is much research of great value being conducted
in space, and on the International Space Station, that may
yield tremendous gains. Research conducted on the International
Space Station may help scientists back on Earth develop
medicines to treat diseases and help us better understand the
Earth's climate. Many scientists believe that the microgravity
environment of space will enable the development of new drugs,
vaccines, and other therapies. Equipment on the International
Space Station will monitor stratospheric gases, and investigate
ozone chemistry.
(17) To ensure that the United States realizes the
dividends from the considerable investment we have made in the
International Space Station, we need to ensure continued access
to space for our astronauts. However, NASA's plan for transport
of crew to and from the International Space Station fails to
provide necessary redundancies to provide assured access to
space.
(18) NASA anticipates that the Russian Soyuz spacecraft
will be the only vehicle for astronaut crew rotation to the
International Space Station after 2010. From 2011 until the
planned operation of Orion in 2015, NASA likely has no other
option for transporting American astronauts to space other than
on Russian vehicles.
(19) Due to NASA's lack of a backup plan for reliance on
the Russians for transport of American astronauts to space, the
United States needs a better approach. The best approach is the
Space Shuttle, a proven, domestic source of space transport for
assured access to space, including the International Space
Station, for crew and cargo transport.
(20) With 2 Shuttle missions per year during the human
spaceflight program flight gap between Shuttle and Orion,
currently scheduled from 2010 through 2015, we can replace our
need to rely on the Russians for crew rotation for the
International Space Station.
(21) Savings from replacing Russian transport services to
the International Space Station with the Space Shuttle would
pay for a portion of the costs for flying 2 Space Shuttle
missions per year.
(22) Only by closing the gap between 2010 and 2015, or
until the Orion is operational, will our Nation be able to keep
our Nation's highly skilled and critically important
spaceworkers and engineers gainfully employed, and mitigate the
loss of critical skills.
(23) By extending Space Shuttle operations, NASA may
realize considerable savings by no longer having to pay
retention bonuses to critical space workers. But retention
bonuses would not be the only added costs associated with the
end of Space Shuttle operations when critical skilled workers
leave NASA or its contractors. Recruitment incentives for new
workers and contract cost increases could also be incurred by
NASA since the majority of the Kennedy Space Center's workforce
are contractors.
(24) The success of the Constellation program will depend
on having the most skilled and experienced workforce possible.
The workforce gap, as currently envisioned by NASA, will
jeopardize this. NASA has acknowledged that thousands of
critical space workers will lose their jobs in the transition
from the Space Shuttle to the Constellation program. Continued
operation of the Space Shuttle, but on a reduced flight
requirement, while also integrating these workers into the
Orion program, is the best way to retain many of these critical
workers and skill sets.
(25) An August 2007 study by the Government Accountability
Office, ``NASA Progress Made on Strategic Human Capital
Management, but Future Program Challenges Remain,'' stated that
``the agency as a whole faces challenges in recruiting and
retaining highly experienced senior-level engineers in certain
specialties. NASA's principal workforce challenge will be faced
in the transition to the next generation of human space flight
systems.''.
SEC. 3. EXTENDING SPACE SHUTTLE OPERATIONS.
(a) Use of Space Shuttle for Access to Space.--NASA shall fly not
less than 2 Space Shuttle missions per year for crew transport, instead
of purchasing Russian crew and cargo services, for the period beginning
in 2010 and ending--
(1) in 2015;
(2) when Orion is operational; or
(3) when NASA has certified the safe operation of an
available United States commercial capability,
whichever occurs first. There are authorized to be appropriated to NASA
such sums as may be necessary, in addition to amounts otherwise
authorized, to carry out this subsection.
(b) Insufficient Funding.--Except as provided under subsection (c),
the requirements of this Act shall have effect only to the extent that
sufficient funding is appropriated, as authorized under subsection (a).
Sufficient funding is defined as funds required to fully or partially
comply with the requirements of this Act.
(c) Report to Congress.--NASA shall report to Congress not later
than 90 days after the date of enactment of this Act on the specific
costs and actions needed to extend the operation of the Space Shuttle
in accordance with this Act.
(d) Operational Efficiencies.--As soon as possible, but no later
than March 31, 2011, NASA shall investigate areas of reduced operations
and enhanced cost savings and implement those that do not impinge the
safe operation of the Space Shuttle program, including the following:
(1) The possible retirement of one Space Shuttle orbiter,
leaving 2 to remain operational, in a manner that ensures the
safe operation of the Space Shuttle program.
(2) Significantly reducing changes to the design of the
Space Shuttle orbiters, in a manner that ensures the safe
operation of the Space Shuttle program. This shall include
changes to the Space Shuttle software systems.
(3) Significantly reducing Space Shuttle orbiter
configuration operations and payload configuration operations,
in a manner that ensures the safe operation of the Space
Shuttle program.
(4) Maximizing the use of shared personnel between the
continued operation of the Space Shuttle and Constellation and
other NASA programs.
(e) Facilities.--If conflicts arise in NASA's efforts to allocate
facilities, personnel, and other resources in order to fly the Space
Shuttle as well as continue the development of Constellation, then NASA
shall identify in a report to Congress in advance such conflicts, along
with recommendations as to how they can be mitigated.
SEC. 4. EXPEDITING CONSTELLATION.
(a) Report to Congress.--Not later than 3 months after the date of
enactment of this Act, NASA shall report to Congress on the amount of
funding needed to expedite the schedule of the Orion Crew Exploration
Vehicle and the Ares I Crew Vehicle and associated ground support
systems. Such report shall--
(1) contain a description and timeline for an expedited
schedule to bring Orion and Ares I on line sooner; and
(2) outline the additional funding needed to achieve this
expedited schedule.
(b) Authorization of Approprations.--There are authorized to be
appropriated to NASA such sums as may be necessary to achieve the goals
of this section. Such funding shall be in addition to any funding
needed to continue operations of the Shuttle beyond 2010. | American Space Access Act - Requires the National Aeronautics and Space Administration (NASA) to annually fly at least two Space Shuttle missions for crew transport into space, instead of purchasing Russian crew and cargo services, for the period beginning in 2010 and ending: (1) in 2015; (2) when the Orion crew exploration vehicle is operational; or (3) when NASA has certified the safe operation of an available U.S. commercial capability, whichever occurs first.
Directs NASA, not later than March 31, 2011, to investigate areas of reduced operations and enhanced cost savings and implement those that do not impinge on the safe operation of the Space Shuttle program.
Requires NASA to report to Congress on: (1) the costs and actions needed to extend the operation of the Space Shuttle in accordance with this Act; and (2) the amount of funding needed to expedite the schedule of the Orion crew exploration vehicle and the Ares I crew exploration vehicle and associated ground support systems under the Constellation program. | To authorize the Space Shuttle to be flown from 2010 through 2015, and to authorize appropriations for the National Aeronautics and Space Administration for this purpose. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Patient Access to
Physicians Act of 2005''.
SEC. 2. REFORM OF THE MEDICARE PHYSICIAN PAYMENT UPDATE SYSTEM THROUGH
ELIMINATION OF THE SUSTAINABLE GROWTH RATE (SGR) PAYMENT
UPDATE SYSTEM.
(a) In General.--Section 1848(d) of the Social Security Act (42
U.S.C. 1395w-4(d)) is amended by adding at the end the following new
paragraphs:
``(6) Update for 2006.--The update to the single conversion
factor established in paragraph (1)(C) for 2006 shall not be
less than 2.7 percent.
``(7) Update for years beginning with 2007.--
``(A) In general.--Unless otherwise provided by
law, subject to the budget-neutrality factor determined
by the Secretary under subsection (c)(2)(B)(ii), the
update to the single conversion factor established in
paragraph (1)(C) for a year beginning with 2007 is
equal to the product of--
``(i) 1 plus the Secretary's estimate of
the percentage change in the value of the input
price index (as provided under subparagraph
(B)(ii)) for the year (divided by 100); and
``(ii) 1 minus the Secretary's estimate of
the productivity adjustment factor under
subparagraph (C) for the year.
``(B) Input price index.--
``(i) Establishment.--Taking into account
the mix of goods and services included in
computing the medicare economic index (referred
to in the fourth sentence of section
1842(b)(3)), the Secretary shall establish an
index that reflects the weighted-average input
prices for physicians' services for a year.
Such index shall only account for input prices
and not changes in costs that may result from
other factors (such as productivity).
``(ii) Annual estimate of change in
index.--The Secretary shall estimate, before
the beginning of each year (beginning with
2007) the change in the value of the input
price index under clause (i) from the previous
year to the year involved.
``(C) Productivity adjustment factor.--The
Secretary shall estimate, and cause to be published in
the Federal Register not later than November 1 before
the beginning of each year (beginning with 2007), a
productivity adjustment factor that reflects the
Secretary's estimate of growth in multifactor
productivity in the national economy, taking into
account growth in productivity attributable to both
labor and nonlabor factors. Such adjustment may be
based on a multi-year moving average of productivity
(based on data published by the Bureau of Labor
Statistics).''.
(b) Conforming Amendments.--Section 1848 of the Act (42 U.S.C.
1395w-4) is amended--
(1) in subsection (d)(1)(A), by striking ``subparagraph
(B))'' and all that follows and inserting the following:
``subparagraph (B))--
``(i) for years before 2001, adjusted by
the update (established under paragraph (3))
for the year involved;
``(ii) for 2001, 2002, and 2003, multiplied
by the update (established under paragraph (4))
for the year involved;
``(iii) for 2004 and 2005, multiplied by
the update (established under paragraph (5))
for that year;
``(iv) for 2006, multiplied by the update
(established under paragraph (6)) for that
year; and
``(v) for 2007 and each subsequent year,
multiplied by the update (established under
paragraph (7)) for the year involved.'';
(2) by striking clause (i) of subsection (d)(1)(E) and
inserting the following:
``(i) cause to have published in the
Federal Register not later than November 1--
``(I) of 2000 and each subsequent
year, the conversion factor which will
apply to physicians' services for the
succeeding year;
``(II) of 2000, 2001, and 2002, the
update determined under paragraph (4)
for such succeeding year and the
allowed expenditures under such
paragraph for the succeeding year;
``(III) of 2003 and 2004, the
update determined under paragraph (5)
for 2004 and 2005;
``(IV) of 2005, the update
determined under paragraph (6) for
2006; and
``(V) of 2006 and each subsequent
year, the update determined under
paragraph (7) for the succeeding year;
and'';
(3) in subsection (d)(1)(E)(ii), by inserting ``(for years
before 2006)'' after ``the sustainable growth rate'';
(4) in subsection (d)(4)--
(A) in the heading, by striking ``Years Beginning
With 2001'' and inserting ``2001, 2002, and 2003'' ;
(B) in subparagraph (A), in the matter preceding
clause (i), by striking ``for a year beginning with
2001'' and inserting ``for 2001, 2002, and 2003'';
(C) in subparagraph (C)(iii), by striking ``years
beginning with 2000.--The allowed expenditures for a
year (beginning with 2000)'' and inserting ``2000,
2001, and 2002.--The allowed expenditures for each of
years 2000, 2001, and 2002''; and
(D) in subparagraph (E), by striking ``beginning
with 2001'' and ``for a year beginning with 2001'' and
inserting ``2001, 2002, and 2003'' and ``for 2001,
2002, and 2003'', respectively; and
(5) in subsection (f)--
(A) in paragraph (1)(B), by striking ``November 1
of each succeeding year'' and inserting ``November 1 of
each year before 2005'';
(B) in paragraph (2), by inserting ``and ending
with 2003'' after ``beginning with 2000'';
(C) in paragraph (3), by striking ``for a year
beginning with 2001'' and inserting ``for 2001, 2002,
and 2003''; and
(D) in paragraph (3)(C), by striking ``for 2003 and
succeeding years'' and inserting ``for 2003'' and by
striking ``a year after 2002'' and inserting ``2003''. | Preserving Patient Access to Physicians Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act with respect to payment for physicians' services to: (1) eliminate the sustainable growth rate payment update system; and (2) establish in its place an update to the single conversion factor for 2006 of at least 2.7 percent, and a formula for an update to the single conversion factor for years beginning with 2007.
Requires the Secretary of Health and Human Services, in calculating the formula for the single conversion factor, to establish an input price index and estimate annually a productivity adjustment factor. | To amend title XVIII of the Social Security Act to reform the Medicare physician payment update system through repeal of the sustainable growth rate (SGR) payment update system. |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The Mt. Soledad Veterans Memorial has proudly stood
overlooking San Diego, California, for over 52 years as a
tribute to the members of the United States Armed Forces who
sacrificed their lives in the defense of the United States.
(2) The Mt. Soledad Veterans Memorial was dedicated on
April 18, 1954, as ``a lasting memorial to the dead of the
First and Second World Wars and the Korean conflict'' and now
serves as a memorial to American veterans of all wars,
including the War on Terrorism.
(3) The United States has a long history and tradition of
memorializing members of the Armed Forces who die in battle
with a cross or other religious emblem of their faith, and a
memorial cross is fully integrated as the centerpiece of the
multi-faceted Mt. Soledad Veterans Memorial that is replete
with secular symbols.
(4) The patriotic and inspirational symbolism of the Mt.
Soledad Veterans Memorial provides solace to the families and
comrades of the veterans it memorializes.
(5) The Mt. Soledad Veterans Memorial has been recognized
by Congress as a National Veterans Memorial and is considered a
historically significant national memorial.
(6) 76 percent of the voters of San Diego supported
donating the Mt. Soledad Memorial to the Federal Government
only to have a superior court judge of the State of California
invalidate that election.
(7) The City of San Diego has diligently pursued every
possible legal recourse in order to preserve the Mt. Soledad
Veterans Memorial in its entirety for persons who have served
in the Armed Forces and those persons who will serve and
sacrifice in the future.
(8) Congressional action is now necessary because the City
of San Diego is under a district court order to remove the
Memorial Cross from city property by August 1, 2006.
SEC. 2. ACQUISITION OF MT. SOLEDAD VETERANS MEMORIAL, SAN DIEGO,
CALIFORNIA.
(a) Acquisition.--To effectuate the purpose of section 116 of
division E of Public Law 108-447 (118 Stat. 3346; 16 U.S.C. 431 note),
which, in order to preserve a historically significant war memorial,
designated the Mt. Soledad Veterans Memorial in San Diego, California,
as a national memorial honoring veterans of the United States Armed
Forces, there is hereby vested in the United States all right, title,
and interest in and to, and the right to immediate possession of, the
Mt. Soledad Veterans Memorial in San Diego, California, as more fully
described in subsection (d).
(b) Compensation.--The United States shall pay just compensation to
any owner of the property for the property taken pursuant to this
section, and the full faith and credit of the United States is hereby
pledged to the payment of any judgment entered against the United
States with respect to the taking of the property. Payment shall be in
the amount of the agreed negotiated value of the property or the
valuation of the property awarded by judgment and shall be made from
the permanent judgment appropriation established pursuant to section
1304 of title 31, United States Code. If the parties do not reach a
negotiated settlement within one year after the date of the enactment
of this Act, the Secretary of Defense may initiate a proceeding in a
court of competent jurisdiction to determine the just compensation with
respect to the taking of such property.
(c) Maintenance.--Upon acquisition of the Mt. Soledad Veterans
Memorial by the United States, the Secretary of Defense shall manage
the property and shall enter into a memorandum of understanding with
the Mt. Soledad Memorial Association for the continued maintenance of
the Mt. Soledad Veterans Memorial by the Association.
(d) Legal Description.--The Mt. Soledad Veterans Memorial referred
to in this section is all that portion of Pueblo lot 1265 of the Pueblo
Lands of San Diego in the City and County of San Diego, California,
according to the map thereof prepared by James Pascoe in 1879, a copy
of which was filed in the office of the County Recorder of San Diego
County on November 14, 1921, and is known as miscellaneous map No. 36,
more particularly described as follows: The area bounded by the back of
the existing inner sidewalk on top of Mt. Soledad, being also a circle
with radius of 84 feet, the center of which circle is located as
follows: Beginning at the Southwesterly corner of such Pueblo Lot 1265,
such corner being South 17 degrees 14'33" East (Record South 17 degrees
14'09" East) 607.21 feet distant along the westerly line of such Pueblo
lot 1265 from the intersection with the North line of La Jolla Scenic
Drive South as described and dedicated as parcel 2 of City Council
Resolution No. 216644 adopted August 25, 1976; thence North 39 degrees
59'24" East 1147.62 feet to the center of such circle. The exact
boundaries and legal description of the Mt. Soledad Veterans Memorial
shall be determined by survey prepared by the Secretary of Defense.
Upon acquisition of the Mt. Soledad Veterans Memorial by the United
States, the boundaries of the Memorial may not be expanded. | Vests in the United States all right, title, and interest to, and the right to immediate possession of, the Mt. Soledad Veterans Memorial in San Diego, California, to provide for its preservation as a national war memorial honoring veterans.
Requires the United States to pay just compensation to the current owner of such property.
Prohibits expanding the Memorial's boundaries, upon acquisition by the United States. | A bill to preserve the Mt. Soledad Veterans Memorial in San Diego, California, by providing for the immediate acquisition of the memorial by the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Small Business
Development Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Approximately 60 percent of Indian tribe members and
Alaska Natives live on or adjacent to Indian lands, which
suffer from an average unemployment rate of 45 percent.
(2) Indian tribe members and Alaska Natives own more than
197,000 businesses and generate more than $34,000,000,000 in
revenues. The service industry accounted for 17 percent of
these businesses (of which 40 percent were engaged in business
and personal services) and 15.1 percent of their total
receipts. The next largest was the construction industry (13.9
percent and 15.7 percent, respectively). The third largest was
the retail trade industry (7.5 percent and 13.4 percent,
respectively).
(3) The number of businesses owned by Indian tribe members
and Alaska Natives grew by 84 percent from 1992 to 1997, and
their gross receipts grew by 179 percent in that period. This
is compared to all businesses which grew by 7 percent, and
their total gross receipts grew by 40 percent, in that period.
(4) The Small Business Development Center program is cost
effective. Clients receiving long-term counseling under the
program in 1998 generated additional tax revenues of
$468,000,000, roughly 6 times the cost of the program to the
Federal Government.
(5) Using the existing infrastructure of the Small Business
Development Center program, small businesses owned by Indian
tribe members, Alaska Natives, and Native Hawaiians receiving
services under the program will have a higher survival rate
than the average small business not receiving such services.
(6) Business counseling and technical assistance is
critical on Indian lands where similar services are scarce and
expensive.
(7) Increased assistance through counseling under the Small
Business Development Center program has been shown to reduce
the default rate associated with lending programs of the Small
Business Administration.
(b) Purposes.--The purposes of this Act are as follows:
(1) To stimulate economies on Indian lands.
(2) To foster economic development on Indian lands.
(3) To assist in the creation of new small businesses owned
by Indian tribe members, Alaska Natives, and Native Hawaiians
and expand existing ones.
(4) To provide management, technical, and research
assistance to small businesses owned by Indian tribe members,
Alaska Natives, and Native Hawaiians.
(5) To seek the advice of the governing bodies of Indian
tribes, corporations organized pursuant to the Alaska Native
Claims Settlement Act and other Alaska Native entities, and
Native Hawaiian organizations on where small business
development assistance is most needed.
(6) To ensure that Indian tribe members, Alaska Natives,
and Native Hawaiians have full access to existing business
counseling and technical assistance available through the Small
Business Development Center program.
SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO INDIAN TRIBE
MEMBERS, ALASKA NATIVES, AND NATIVE HAWAIIANS.
(a) In General.--Section 21(a) of the Small Business Act (15 U.S.C.
648(a)) is amended by adding at the end the following:
``(7) Additional grant to assist indian tribe members,
alaska natives, and native hawaiians.--
``(A) In general.--Any applicant in an eligible
State that is funded by the Administration as a Small
Business Development Center may apply for an additional
grant to be used solely to provide services described
in subsection (c)(3) to assist with outreach,
development, and enhancement of small business startups
and expansions that are owned by Indian tribe members,
Alaska Natives, or Native Hawaiians and that are
located in Alaska or Hawaii, or on Indian lands in the
48 contiguous States.
``(B) Eligible states.--For purposes of
subparagraph (A), an eligible State is a State that has
a combined population of Indian tribe members, Alaska
Natives, and Native Hawaiians that comprises at least 1
percent of the State's total population, as shown by
the latest available census.
``(C) Grant applications.--An applicant for a grant
under subparagraph (A) shall submit to the Associate
Administrator an application that is in such form as
the Associate Administrator may require. The
application shall include information regarding the
applicant's goals and objectives for the services to be
provided using the grant, including--
``(i) the capability of the applicant to
provide training and services to a
representative number of Indian tribe members,
Alaska Natives, and Native Hawaiians;
``(ii) the location of the Small Business
Development Center site proposed by the
applicant;
``(iii) the required amount of grant
funding needed by the applicant to implement
the program; and
``(iv) the extent to which the applicant
has consulted with the governing bodies of
Indian tribes, corporations organized pursuant
to the Alaska Native Claims Settlement Act and
other Alaska Native entities, and Native
Hawaiian organizations, as appropriate.
``(D) Applicability of grant requirements.--An
applicant for a grant under subparagraph (A) shall
comply with all of the requirements of this section,
except that the matching funds requirements of
paragraph (4)(A) shall not apply.
``(E) Maximum amount of grants.--No applicant may
receive more than $300,000 in grants under this
paragraph in a fiscal year.
``(F) Regulations.--After providing notice and an
opportunity for comment and after consulting with the
Association recognized by the Administration pursuant
to paragraph (3)(A) (but not later than 180 days after
the date of enactment of this paragraph), the
Administrator shall issue final regulations to carry
out this paragraph, including regulations that
establish--
``(i) standards relating to educational,
technical, and support services to be provided
by Small Business Development Centers receiving
assistance under this paragraph; and
``(ii) standards relating to any work plan
that the Associate Administrator may require a
Small Business Development Center receiving
assistance under this paragraph to develop.
``(G) Definitions.--In this paragraph, the
following definitions apply:
``(i) Associate administrator.--The term
`Associate Administrator' means the Associate
Administrator for Small Business Development
Centers.
``(ii) Indian lands.--The term `Indian
lands' means, in the 48 contiguous States, land
that is a `reservation' for the purposes of
section 4 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1903) and land that is an
`Indian reservation' for the purposes of
section 151.2 of title 25, Code of Federal
Regulations (as in effect on the date of
enactment of this paragraph).
``(iii) Indian tribe.--The term `Indian
tribe' means a federally recognized Indian
tribe.
``(iv) Indian tribe member.--The term
`Indian tribe member' means an individual who
is a member of an Indian tribe.
``(v) Alaska Native.--The term `Alaska
Native' means an individual who is--
``(I) a `Native' for the purposes
of section 3(b) of the Alaska Native
Claims Settlement Act (43 U.S.C.
1602(b));
``(II) a descendent of an
individual who is a `Native' for the
purposes of section 3(b) of the Alaska
Native Claims Settlement Act (43 U.S.C.
1602(b)); or
``(III) a Tsimshian Indian who is
an enrolled member of the Metlakatla
Indian Community.
``(vi) Native hawaiian.--The term `Native
Hawaiian' means any individual who is a
descendant of the aboriginal people, who prior
to 1778, occupied and exercised sovereignty in
the area that now constitutes the State of
Hawaii.
``(H) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $7,000,000 for each of fiscal years 2002
through 2004.
``(I) Funding limitations.--
``(i) Nonapplicability of certain
limitations.--Funding under this paragraph
shall be in addition to the dollar program
limitations specified in paragraph (4).
``(ii) Limitation on use of funds.--The
Administration may carry out this paragraph
only with amounts appropriated in advance
specifically to carry out this paragraph.''.
SEC. 4. STATE CONSULTATION WITH LOCAL TRIBAL COUNCILS.
Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is
amended by adding at the end the following:
``(9) Advice of governing bodies of indian tribes, alaska
native corporations and other entities, and native hawaiian
organizations.--A State receiving grants under this section
shall request the advice of the governing bodies of Indian
tribes, corporations organized pursuant to the Alaska Native
Claims Settlement Act and other Alaska Native entities, and
Native Hawaiian organizations, as appropriate, on how best to
provide assistance to Indian tribe members, Alaska Natives, and
Native Hawaiians and where to locate satellite centers to
provide such assistance.''.
Passed the House of Representatives December 5, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Native American Small Business Development Act - Amends the Small Business Act to authorize a Small Business Development Center in an eligible State to apply for an additional Small Business Administration grant to be used solely to provide specified services to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions that are owned by Indian tribe members, Alaska Natives, or Native Hawaiians (members and Natives) and that are located in Alaska or Hawaii, or on Indian lands in the 48 contiguous States. Defines an eligible State as one in which such members, Alaska Natives, and Native Hawaiians comprise at least one percent of its population. Limits each recipient to $300,000 in such grants in a fiscal year. Authorizes appropriations.Requires a State receiving a small business development center program grant to request the advice of the governing bodies of Indian tribes, corporations organized pursuant to the Alaska Native Claims Settlement Act and other Alaska Native entities, and Native Hawaiian organizations, as appropriate, on how best to provide assistance to such members, Alaska Natives, and Native Hawaiians and where to locate satellite centers to provide such assistance. | To amend the Small Business Act to expand and improve the assistance provided by Small Business Development Centers to Indian tribe members, Alaska Natives, and Native Hawaiians. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Baseline Reform Act of 2015''.
SEC. 2. THE BASELINE.
Section 257 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
``SEC. 257. THE BASELINE.
``(a) In General.--(1) For any fiscal year, the baseline refers to
a projection of current-year levels of new budget authority, outlays,
or receipts and the surplus or deficit for the current year, the budget
year, and the ensuing nine outyears based on laws enacted through the
applicable date.
``(2) The baselines referred to in paragraph (1) shall be prepared
annually.
``(b) Direct Spending and Receipts.--For the budget year and each
outyear, estimates for direct spending in the baseline shall be
calculated as follows:
``(1) In general.--Laws providing or creating direct
spending and receipts are assumed to operate in the manner
specified in those laws for each such year and funding for
entitlement authority is assumed to be adequate to make all
payments required by those laws.
``(2) Exceptions.--(A)(i) No program established by a law
enacted on or before the date of enactment of the Balanced
Budget Act of 1997 with estimated current year outlays greater
than $50,000,000 shall be assumed to expire in the budget year
or the outyears. The scoring of new programs with estimated
outlays greater than $50,000,000 a year shall be based on
scoring by the Committees on the Budget or OMB, as applicable.
OMB, CBO, and the Committees on the Budget shall consult on the
scoring of such programs where there are differences between
CBO and OMB.
``(ii) On the expiration of the suspension of a provision
of law that is suspended under section 171 of Public Law 104-
127 and that authorizes a program with estimated fiscal year
outlays that are greater than $50,000,000, for purposes of
clause (i), the program shall be assumed to continue to operate
in the same manner as the program operated immediately before
the expiration of the suspension.
``(B) The increase for veterans' compensation for a fiscal
year is assumed to be the same as that required by law for
veterans' pensions unless otherwise provided by law enacted in
that session.
``(C) Excise taxes dedicated to a trust fund, if expiring,
are assumed to be extended at current rates.
``(D) If any law expires before the budget year or any
outyear, then any program with estimated current year outlays
greater than $50,000,000 that operates under that law shall be
assumed to continue to operate under that law as in effect
immediately before its expiration.
``(3) Hospital insurance trust fund.--Notwithstanding any
other provision of law, the receipts and disbursements of the
Hospital Insurance Trust Fund shall be included in all
calculations required by this Act.
``(c) Discretionary Spending.--For the budget year and each of the
nine ensuing outyears, the baseline shall be calculated using the
following assumptions regarding all amounts other than those covered by
subsection (b):
``(1) Estimated appropriations.--Budgetary resources other
than unobligated balances shall be at the level provided for
the budget year in full-year appropriation Acts. If for any
account a full-year appropriation has not yet been enacted,
budgetary resources other than unobligated balances shall be at
the level available in the current year.
``(2) Current-year appropriations.--If, for any account, a
continuing appropriation is in effect for less than the entire
current year, then the current-year amount shall be assumed to
equal the amount that would be available if that continuing
appropriation covered the entire fiscal year. If law permits
the transfer of budget authority among budget accounts in the
current year, the current-year level for an account shall
reflect transfers accomplished by the submission of, or assumed
for the current year in, the President's original budget for
the budget year.
``(d) Up-to-Date Concepts.--In calculating the baseline for the
budget year or each of the nine ensuing outyears, current-year amounts
shall be calculated using the concepts and definitions that are
required for that budget year.
``(e) Asset Sales.--Amounts realized from the sale of an asset
shall not be included in estimates under section 251, 251A, 252, or 253
of this part or section 5 of the Statutory Pay-As-You-Go Act of 2010 if
that sale would result in a financial cost to the Government as
determined pursuant to scorekeeping guidelines.
``(f) Long-Term Budget Outlook.--On or before July 1 of each year,
CBO shall submit to the Committees on the Budget of the House of
Representatives and the Senate the Long-Term Budget Outlook for the
fiscal year commencing on October 1 of that year and at least the
ensuing 40 fiscal years.''. | Baseline Reform Act of 2015 This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to change the assumptions used in calculating the baseline for discretionary spending, which is the spending that is provided and controlled by appropriations bills. The baseline is a projection of federal spending and receipts during the fiscal year under current law. It is used by the Congressional Budget Office (CBO) and the Office of Management and Budget (OMB) to estimate the cost of legislation and produce other budget projections. The bill requires the baseline to cover a ten-year period and changes the assumptions the CBO and the OMB must use to project discretionary spending. It eliminates adjustments required under current law for inflation, expiring housing contracts, social insurance administrative expenses, and changes in federal pay and other benefits. By removing these adjustments, the bill requires the baseline to assume that discretionary spending will continue without an increase or a decrease to account for these factors. The bill also requires the CBO to annually submit to the congressional budget committees by July 1 the Long-Term Budget Outlook for the fiscal year beginning on October 1 and at least the next 40 fiscal years. | Baseline Reform Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Faith and Credit for Child
Support Orders Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there is a large and growing number of child support
cases annually involving disputes between parents who reside in
different States;
(2) the laws by which the courts of these jurisdictions
determine their authority to establish child support orders are
not uniform;
(3) those laws, along with the limits imposed by the
Federal system on the authority of each State to take certain
actions outside its own boundaries--
(A) encourage noncustodial parents to relocate
outside the States where their children and the
custodial parents reside to avoid the jurisdiction of
the courts of such States, resulting in an increase in
the amount of interstate travel and communication
required to establish and collect on child support
orders and a burden on custodial parents that is
expensive, time consuming, and disruptive of
occupations and commercial activity;
(B) contribute to the pressing problem of
relatively low levels of child support payments in
interstate cases and to inequities in child support
payments levels which are based solely on the
noncustodial parent's choice of residence;
(C) encourage a disregard of court orders resulting
in massive arrearages nationwide;
(D) allow noncustodial parents to avoid the payment
of regularly scheduled child support payments for
extensive periods of time, resulting in substantial
hardship for the children for whom support is due and
for their custodians; and
(E) lead to the excessive relitigation of cases and
to the establishment of conflicting orders by the
courts of various jurisdictions, resulting in
confusion, waste of judicial resources, disrespect for
the courts, and a diminution of public confidence in
the rule of law; and
(4) among the results of these conditions is the failure of
the courts of the States to give full faith and credit to the
judicial proceedings of the other States, the deprivation of
rights of liberty and property without due process of law,
burdens on commerce among the States, and harm to the welfare
of children and their parents and other custodians.
(b) Statement of Policy.--For the reasons set forth in subsection
(a), it is necessary to establish national standards under which the
courts of different States will determine their jurisdiction to issue a
child support order and the effect to be given by each State to child
support orders issued by the courts of other States.
(c) Purposes.--The purposes of this Act are to--
(1) facilitate the enforcement of child support orders
among the States;
(2) discourage continuing interstate controversies over
child support in the interest of greater financial stability
and secure family relationships for the child; and
(3) avoid jurisdictional competition and conflict among
State courts in the establishment of child support orders.
SEC. 3. FULL FAITH AND CREDIT GIVEN TO CHILD SUPPORT ORDERS.
(a) In General.--Chapter 115 of title 28, United States Code, is
amended by inserting after section 1738A the following new section:
``Sec. 1738B. Full faith and credit given to child support orders
``(a) General Rule.--The appropriate authorities of each State
shall enforce according to its terms, and shall not modify except as
provided in subsection (e), any child support order made consistently
with the provisions of this section by a court of another State.
``(b) Definitions.--As used in this section, the term--
``(1) `child' means any person under 18 years of age, and
includes an individual 18 or more years of age for whom a child
support order has been issued pursuant to the laws of a State;
``(2) `child's State' means the State in which a child
currently resides;
``(3) `child support order' means a judgment, decree, or
order of a court requiring the payment of money, or the
provision of a benefit, including health insurance, whether in
periodic amounts or lump sum, for the support of a child and
includes permanent and temporary orders, initial orders and
modifications, ongoing support, reimbursements, and arrearages;
``(4) `child support' means a payment of money or provision
of a benefit described in paragraph (3) for the support of a
child;
``(5) `contestant' means a person, including a parent, who
claims a right to receive child support or is under a child
support order, and the term `contestant' includes States and
political subdivisions to whom the right to obtain child
support has been assigned;
``(6) `court' means a court or administrative agency of a
State which is authorized by State law to establish the amount
of child support payable by a contestant or modify the amount
of child support payable by a contestant;
``(7) `modification' and `modify' refer to a change in a
child support order which affects the amount, scope, or
duration of such order and modifies, replaces, supersedes, or
otherwise is made subsequent to such child support order,
whether or not made by the same court as such child support
order; and
``(8) `State' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
territories and possessions of the United States, and Indian
country as defined in section 1151 of title 18.
``(c) Requirements of Child Support Orders.--A child support order
made by a court of a State is consistent with the provisions of this
section only if--
``(1) such court, pursuant to the laws of the State in
which such court is located, had jurisdiction to hear the
matter and enter such an order and had personal jurisdiction
over the contestants; and
``(2) reasonable notice and opportunity to be heard was
given to the contestants.
``(d) Continuing Jurisdiction.--A court of a State which has made a
child support order consistently with the provisions of this section
has continuing, exclusive jurisdiction of that order when such State is
the child's State or the residence of any individual who is a
contestant unless another State, acting in accordance with subsection
(e), has modified that order.
``(e) Authority To Modify Orders.--A court of a State may modify a
child support order with respect to a child that is made by a court of
another State, if--
``(1) it has jurisdiction to make such a child support
order; and
``(2) the court of the other State no longer has
continuing, exclusive jurisdiction of the child support order
because such State no longer is the child's State or the
residence of any individual who is a contestant, or each
contestant has filed written consent for the State to modify
the order and assume continuing, exclusive jurisdiction of such
order.
``(f) Enforcement of Prior Orders.--A court of a State which no
longer has continuing, exclusive jurisdiction of a child support order
may enforce such order with respect to nonmodifiable obligations, and
with respect to unsatisfied obligations which accrued before the date
on which a modification of such order is made under subsection (e).''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 115 of title 28, United States Code, is amended by inserting
after the item relating to section 1738A the following:
``1738B. Full faith and credit given to child support orders.''.
SEC. 4. DEFINITION.
As used in section 2, the term ``State'' has the meaning given that
term in section 1738B(b) of title 28, United States Code, as added by
section 3 of this Act.
Passed the House of Representatives August 2, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Full Faith and Credit for Child Support Orders Act - Amends the Federal judicial code to declare that State authorities shall enforce any child support order according to its terms and shall not modify it, except in certain circumstances, if such order is made consistent with this Act by another State court.
Confers continuing, exclusive jurisdiction upon the court of a State which has made such child support order and which is either the child's State or the State of one of the contestants.
Authorizes a State court to modify a child support order made by the court of another State if: (1) it has jurisdiction to make such an order; and (2) the court of the other State no longer has continuing, exclusive jurisdiction because it is no longer the child's State or the residence of any contestant or each contestant has filed written consent for the State to modify the order and assume continuing, exclusive jurisdiction of such order.
Grants the court of a State which no longer has continuing, exclusive jurisdiction of a child support order authority to enforce it with respect to non-modifiable obligations and unsatisfied obligations which accrued before the date on which a modification was made by another State in accordance with this Act. | Full Faith and Credit for Child Support Orders Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Missouri River Enhancement and
Monitoring Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Center.--The term ``Center'' means the River Studies
Center of the Biological Resources Division of the United
States Geological Survey, located in Columbia, Missouri.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) River.--The term ``River'' means the Missouri River.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Biological Resources
Division of the United States Geological Survey.
(5) State.--The term ``State'' means--
(A) the State of Iowa;
(B) the State of Kansas;
(C) the State of Missouri;
(D) the State of Montana;
(E) the State of Nebraska;
(F) the State of North Dakota;
(G) the State of South Dakota; and
(H) the State of Wyoming.
SEC. 3. LONG-TERM MONITORING PROGRAM.
(a) Establishment.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of the Interior, in consultation
with the Director of the United States Geological Survey, shall
establish a program at the Center--
(1) to determine and monitor the biological and chemical
characteristics of the River;
(2) to determine and monitor the interrelationship of those
characteristics with the hydrology and geomorphology of the
river; and
(3) to monitor and assess the biota, including threatened
or endangered species, habitats, and water quality of the
River.
(b) Development.--To develop the program, the Secretary of the
Interior and the Director of the United States Geological Survey shall
consult with--
(1) the Governors of affected States, acting through--
(A) the Missouri River Natural Resources Committee;
and
(B) the Missouri River Basin Association; and
(2) the Secretary of Agriculture;
(3) the Secretary of the Army;
(4) the Western Area Power Administration;
(5) the Fish and Wildlife Service;
(6) the Administrator of the Environmental Protection
Agency; and
(7) the Missouri River Basin Indian Tribes.
(c) Activities.--The program described in subsection (a) shall
provide scientific information to--
(1) guide the operation and management of the River;
(2) measure and model the impact of management alternatives
through--
(A) monitoring of biota, including threatened or
endangered species, habitats, and water quality;
(B) focused investigations of cause and effect
relationships; and
(C) identification and evaluation of methods to
conserve fish and wildlife, including threatened and
endangered species; and
(3) make recommendations on means to restore or enhance the
ecosystem of the River.
(d) Baseline.--The program described in subsection (a) shall
establish a baseline of conditions against which future activities can
be measured.
(e) Database.--The Secretary of the Interior shall--
(1) establish a database on River biota, including
threatened or endangered species, habitats, and water quality;
and
(2) make the database readily available to the entities
listed in subsection (b) and the public.
(f) Report.--Not later than 3 years after the date of establishment
of the program described in subsection (a), and not less frequently
than every 3 years thereafter, the Secretary of the Interior, acting
through the Director of the United States Geological Survey, shall--
(1) review the program;
(2) as necessary, establish and revise the objectives of
the program; and
(3) submit to Congress a report on the environmental health
of the River.
(g) Indian Tribes.--Notwithstanding any other provision of law, the
Secretary of the Interior may enter into contracts, pursuant to the
Indian Self Determination Act (title I of the Indian Self Determination
and Education Assistance Act; 25 U.S.C. chapter 14, subchapter II, part
A (25 U.S.C. 450f et seq.)) with Tribes whose Reservations are located
along the River and have an interest in environmental restoration. The
tasks to be contracted shall assist in the implementation of the
research and monitoring program elements set forth in this section and
shall complement the activities undertaken by the Secretary of the
Interior and the affected State Governments.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of the Interior to carry out this section--
(A) $6,500,000 for fiscal year 2005;
(B) $8,500,000 for fiscal year 2006; and
(C) $15,100,000 for each of fiscal years 2007
through 2020.
(2) Allocation of funds.--Funding of the program shall be
implemented in the following manner:
(A) Not more than the following percentage of the
funds available shall be directed to the Center:
(i) 25 percent in fiscal year 2005.
(ii) 40 percent in fiscal year 2006.
(iii) 65 percent in fiscal years after
2007.
At least 50 percent of such funds shall be directed to
the Center in fiscal years after 2007.
(B) The remaining funds shall be made available by
the Secretary, in consultation with the Director of the
Center, to State hydrology, environmental quality,
natural resource, and fish and wildlife agencies in the
River basin in order to collect field data, provide
field operational support for monitoring, and conduct
monitoring activities that are designed to enhance and
supplement existing scientific knowledge of the River
system.
(3) Threatened and endangered species.--Of the amounts made
available under paragraph (1) for each fiscal year, $1,500,000
shall be made available to the Secretary of the Interior and
the State agencies with jurisdiction for River fish and
wildlife to monitor and conduct focused investigations of
endangered fish, including the response of the pallid sturgeon
to main stem reservoir operations.
(4) Funding of focused investigations.--The focused
investigations component of the program established under
paragraph (3) shall be funded using a competitive process. Each
year, the directors of the State fish and game agencies with
jurisdiction for River fish and wildlife, in consultation with
the Secretary of the Interior, and the entities listed under
subsection (b)(1), shall prioritize information needs and issue
a request for proposals to State, Federal, for-profit, and not-
for-profit organizations with River interest and expertise. The
directors and the Secretary shall review and select those
proposals to be funded. | Missouri River Enhancement and Monitoring Act of 2004 - Directs the Secretary of the Interior, acting through the Biological Resources Division of the U.S. Geological Survey, to establish a program at the River Studies Center of the Biological Resources Division to: (1) determine and monitor the biological and chemical characteristics of the Missouri River; (2) determine and monitor the interrelationship of those characteristics with the hydrology and geomorphology of the River; and (3) monitor and assess the biota, including threatened or endangered species, habitats, and water quality of the River.
Directs the Secretary of the Interior (the Secretary) to: (1) establish a database on River biota; and (2) make such database readily available to specified entities, including the Governors of affected States, the Secretaries of Agriculture and the Army, the Fish and Wildlife Service, the Administrator of the Environmental Protection Agency, the Missouri River Basin Indian tribes, and the public. Requires the Secretary, acting through the Director of the Geological Survey, to: (1) review the program; (2) establish and revise the program's objectives, as necessary; and (3) report to Congress on the environmental health of the River. | To direct the Secretary of the Interior to monitor the health of the Missouri River and measure biological, chemical, and physical responses to changes in river management and other significant variables. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building a Health Care Workforce for
the Future Act''.
SEC. 2. GRANTS TO STATES FOR SCHOLARSHIP PROGRAMS.
Subpart III of part D of title III of the Public Health Service Act
(42 U.S.C. 254l et seq.) is amended by adding at the end the following:
``SEC. 338N. GRANTS TO STATES FOR SCHOLARSHIP PROGRAMS.
``(a) In General.--The Secretary shall award grants to eligible
States to enable such States to implement scholarship programs to
ensure, with respect to the provision of health services, an adequate
supply of physicians, dentists, behavioral and mental health
professionals, certified nurse midwives, certified nurse practitioners,
physician assistants, and pharmacists or other health profession as
determined by the Secretary.
``(b) Eligible States.--To be eligible to receive a grant under
this section, a State shall submit to the Secretary an application
containing such information as the Secretary determines necessary to
carry out this section.
``(c) Eligible Participants.--To be eligible to participate in a
scholarship program carried out with a grant received under this
section, an individual shall--
``(1) be accepted for enrollment, or be enrolled, as a
full-time student--
``(A) in an accredited (as determined by the
Secretary) educational institution in a State; and
``(B) in a course of study or program, offered by
such institution and approved by the Secretary, leading
to a degree in medicine, dentistry, school of pharmacy,
other health profession designated by the Secretary,
nursing college, or an appropriate degree from a
graduate program of behavioral and mental health;
``(2) submit to the State, an application to participate in
the program; and
``(3) sign and submit to the State, at the time of the
submission of the application under paragraph (2), a written
contract that requires the individual to--
``(A) accept payments under the scholarship;
``(B) maintain a minimum level of academic standing
during the period of the scholarship, as determined by
the Secretary;
``(C) if applicable, complete an accredited
residency training program;
``(D) become licensed in the applicant's State of
residence; and
``(E) serve as a provider for 1 year in--
``(i) a health professional shortage area
(as defined by the National Health Service
Corps under section 332);
``(ii) a medically underserved area (as
defined for purposes of section 330); or
``(iii) any other shortage area defined by
the State and approved by the Secretary;
in the applicant's State of residence for every year in
which the applicant received a scholarship.
``(d) Designation of Areas.--To be eligible to receive a grant
under this section, a State shall adequately demonstrate to the
Secretary that the State has designated appropriate health professions
or specialty shortage areas.
``(e) Required Disclosures.--In disseminating application and
contract forms to individuals desiring to participate in a scholarship
program funded under this section, the State shall include with such
forms a summary of the rights and liabilities of an individual whose
application is approved (and whose contract is accepted), including a
clear explanation of the damages to which the State is entitled in the
case of the individual's breach of the contract.
``(f) Awarding of Contracts.--
``(1) In general.--A State that enters into a contract with
an individual under subsection (c)(3) shall, with respect to
the program in which the individual is enrolled, agree to pay--
``(A) all tuition and costs associated with the
program;
``(B) any other reasonable educational expenses,
including fees, books, and laboratory expenses, related
to the program; and
``(C) a cost-of-living stipend in an amount to be
determined the Secretary.
``(2) Consideration by state.--In entering into contracts
with individuals that meet the requirements of subsection (c),
the State shall consider the extent of the applicant's
demonstrated interest in the provision of care services in a
particular provider shortage area.
``(g) Matching Funds.--A State receiving a grant under this section
shall, with respect to the costs of making payments on behalf of
individuals under the scholarship program implemented by the State
under the grant, make available (directly or through donations from
public or private entities) non-Federal contributions in cash toward
such costs in an amount equal to not less than $1 for each $1 of
Federal funds provided under the grant.
``(h) Direct Administration by State Agency.--The scholarship
program of any State receiving a grant under this section shall be
administered directly by a State agency.
``(i) Report by Secretary.--Not later than 4 years after the date
of enactment of this section, and every 5 years thereafter, the
Secretary shall submit to Congress a report concerning--
``(1) the number of scholarships awarded under the State
scholarship program;
``(2) the number of scholarship recipients, broken down by
practice area, serving in the profession originally awarded a
scholarship for 1 year after the completion of the service
period required under subsection (c)(3)(E);
``(3) the number of scholarship recipients, broken down by
provider type, practicing in an underserved area 1 year after
the completion of the service period required under subsection
(c)(3)(E);
``(4) data on any changes in health professional shortage
areas or medically underserved areas within the State;
``(5) remaining gaps in such health professional shortage
areas or medically underserved areas;
``(6) the number of additional full-time physicians that
would be required to eliminate such health professional
shortage areas or medically underserved areas in the State;
``(7) the number of individuals who received a scholarship
but failed to comply with its requirements;
``(8) the action taken by the State to recoup scholarship
funds in the case of any non-compliance; and
``(9) recommendations to improve the program under this
section.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $20,000,000 for each of fiscal
years 2014 through 2018. Not less than 50 percent of the amount
appropriated for a fiscal year under this subsection shall be used to
provide scholarships to providers who intend on pursuing careers in
primary care.''.
SEC. 3. INCREASING MENTORING AND TRANSFORMING COMPETENCIES IN PRIMARY
CARE.
Title VII of the Public Health Service Act is amended by inserting
after section 747A (42 U.S.C. 293k-1), the following:
``SEC. 747B. DEVELOPING EFFECTIVE PRIMARY CARE MENTORS AND IMPROVING
MENTORSHIP OPPORTUNITIES FOR MEDICAL STUDENTS.
``(a) Grants To Cultivate Primary Care Mentors and Improve Primary
Care Mentorship Opportunities for Medical Students.--The Secretary may
award grants to eligible medical schools to assist such schools in
developing and strengthening primary care mentorship programs and
cultivating leaders in primary care among students.
``(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be an accredited medical school or college of
osteopathic medicine; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require, including an assurance that the
applicant will use amounts received under the grant to--
``(A) establish or enhance existing mentorship
programs, including--
``(i) incentivizing medical school faculty
(through financial or other reward systems) to
participate as a mentor of other primary care
physician faculty members and students;
``(ii) providing resources for aspiring
mentors to participate in workshops or other
learning experiences in which primary care
physicians can learn about effective strategies
in primary care mentoring;
``(iii) enabling successful primary care
mentors on medical school faculty to spend time
at another institution where they can promote
best practices in mentoring primary care
leaders and students; and
``(iv) developing web-based resources for
mentors to interact regularly and share
successful strategies; or
``(B) cultivate interest and leaders in primary
care among students, including--
``(i) offering students that identify
interest in primary care upon matriculation,
longitudinal experiences in primary care to
care for and track the health and wellness of
patients throughout medical school;
``(ii) arranging partnerships with private
practices, insurers, schools of public health,
public health departments, and community-based
service projects with the goal of providing
students with the opportunity to interact with
primary care mentors from a variety of health
care settings;
``(iii) providing stipends or other forms
of financial resources to students who work
with designated mentors in the field of primary
care in underserved urban and rural
communities; and
``(iv) supporting opportunities for
students to engage in practice redesign or
other efforts in which primary care physicians
are taking a leadership role in delivery system
reform.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $20,000,000 for each of fiscal
years 2014 through 2020.
``SEC. 747C. DEVELOPING AND PROMOTING NEW COMPETENCIES.
``(a) Grants To Develop and Promote New Competencies.--In order to
foster curricular innovations to improve the education and training of
health care providers, the Secretary shall award grants to medical and
other health professions schools to promote priority competencies (as
described in subsection (b)).
``(b) Priority Competencies.--In awarding grants under subsection
(a), the Secretary, acting through the Advisory Committee on Training
in Primary Care and Dentistry, shall select an annual competency to
direct the awarding of such grants. Such annual competencies may
include--
``(1) patient-centered medical homes;
``(2) chronic disease management;
``(3) integration of primary care and mental health care;
``(4) integration of primary care, public and population
health, and health promotion;
``(5) cultural competency;
``(6) domestic violence;
``(7) improving care in medically undeserved areas; and
``(8) team-based care.
``(c) Grant Recipients.--The Secretary may award grants under
subsection (a) to programs that provide education or training for--
``(1) physicians;
``(2) dentists and dental hygienists;
``(3) physician assistants;
``(4) mental and behavioral health providers;
``(5) public and populations health professionals; or
``(6) pharmacists.
``(d) Consideration in Evaluating Grant Applications.--The
Secretary shall give consideration to applicants that are proposing to
partner with other medical programs, health professions programs, or
nursing programs.
``(e) Grantee Reports.--The recipient of a grant under this section
shall, not later than 180 days after the end of the grant period
involved, submit to the Advisory Committee, a report on the following
(where appropriate):
``(1) A description of how the funding under the grant was
used by the grantee.
``(2) A description of the intended goal of such funding.
``(3) A description of the challenges faced by the grantee
in reaching the goal described in paragraph (2).
``(4) A description of the lessons learned by the grantee
related to the grant activities.
``(f) Recommendations of the Advisory Committee.--The Advisory
Committee, based on the information submitted under subsection (d),
shall annually report to the Secretary on outcomes of the activities
carried out under grants under this section, including specific
recommendations for scaling up innovations to promote education and
training of health care providers in the priority competencies
described in subsection (b).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated, $10,000,000 for each of fiscal years 2014 through 2018 to
carry out this section.''.
SEC. 4. STUDY ON DOCUMENTATION REQUIREMENTS FOR COGNITIVE SERVICE.
Not later than 3 years after the date of enactment of this Act, the
Institute of Medicine shall conduct a study, and submit a report to
Congress, concerning the documentation requirements for cognitive
services (evaluation and management services) required under the
Medicare and Medicaid programs under titles XVIII and XIX of the Social
Security Act, and through private health insurers. Such study shall
include an evaluation of--
(1) how documentation requirements designed for paper-based
records should be modified for electronic records;
(2) whether or not the documentation requirements are
overly burdensome on physicians and detract from patient care;
(3) the administrative costs to physician practices of the
current documentation requirements;
(4) the average amount of time required by physicians to
document cognitive services;
(5) options to more appropriately compensate physicians for
evaluation and management of patient care without requiring
excessive documentation of cognitive services; and
(6) recommendations for less burdensome alternatives or
changes to existing documentation requirements of cognitive
services. | Building a Health Care Workforce for the Future Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award matching grants to enable states to implement scholarship programs to ensure an adequate supply of health professionals. Authorizes the Secretary to award grants to assist medical schools in developing and strengthening primary care mentorship programs and cultivating leaders in primary care among its students. Requires the Secretary to award grants to medical and other health professions schools to promote priority competencies that are selected annually by the Advisory Committee on Training in Primary Care Medicine and Dentistry, in order to foster curricular innovations to improve the education and training of health care providers. Directs the Institute of Medicine to study the documentation requirements for cognitive services (evaluation and management services) required under Medicare and Medicaid and through private health insurers. | Building a Health Care Workforce for the Future Act |
SECTION 1. SHORT TITLE; AMENDMENTS TO 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Family Tax Relief
Act of 2008''.
(b) Amendments to 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. EXPANSION OF DEPENDENT CARE CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
(relating to refundable credits) is amended by redesignating section 36
as section 37 and by inserting after section 35 the following new
section:
``SEC. 36. EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY
FOR GAINFUL EMPLOYMENT.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual for which
there are 1 or more qualifying individuals (as defined in
subsection (b)(1)) with respect to such individual, there shall
be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the applicable
percentage of the employment-related expenses (as defined in
subsection (b)(2)) paid by such individual during the taxable
year.
``(2) Applicable percentage defined.--For purposes of
paragraph (1), the term `applicable percentage' means 50
percent reduced (but not below 20 percent) by 1 percentage
point for each $1,000 (or fraction thereof) by which the
taxpayer's adjusted gross income for the taxable year exceeds
$30,000.
``(b) Definitions of Qualifying Individual and Employment-Related
Expenses.--For purposes of this section--
``(1) Qualifying individual.--The term `qualifying
individual' means--
``(A) a dependent of the taxpayer (as defined in
section 152(a)(1)) who has not attained age 13,
``(B) a dependent of the taxpayer (as defined in
section 152, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B)) who is physically or
mentally incapable of caring for himself or herself and
who has the same principal place of abode as the
taxpayer for more than one-half of such taxable year,
or
``(C) the spouse of the taxpayer, if the spouse is
physically or mentally incapable of caring for himself
or herself and has the same principal place of abode as
the taxpayer for more than one-half of such taxable
year.
``(2) Employment-related expenses.--
``(A) In general.--The term `employment-related
expenses' means amounts paid for the following
expenses, but only if such expenses are incurred to
enable the taxpayer to be gainfully employed for any
period for which there are 1 or more qualifying
individuals with respect to the taxpayer:
``(i) Expenses for household services.
``(ii) Expenses for the care of a
qualifying individual.
Such term shall not include any amount paid for
services outside the taxpayer's household at a camp
where the qualifying individual stays overnight.
``(B) Exception.--Employment-related expenses
described in subparagraph (A) which are incurred for
services outside the taxpayer's household shall be
taken into account only if incurred for the care of--
``(i) a qualifying individual described in
paragraph (1)(A), or
``(ii) a qualifying individual (not
described in paragraph (1)(A)) who regularly
spends at least 8 hours each day in the
taxpayer's household.
``(C) Dependent care centers.--Employment-related
expenses described in subparagraph (A) which are
incurred for services provided outside the taxpayer's
household by a dependent care center (as defined in
subparagraph (D)) shall be taken into account only if--
``(i) such center complies with all
applicable laws and regulations of a State or
unit of local government, and
``(ii) the requirements of subparagraph (B)
are met.
``(D) Dependent care center defined.--For purposes
of this paragraph, the term `dependent care center'
means any facility which--
``(i) provides care for more than six
individuals (other than individuals who reside
at the facility), and
``(ii) receives a fee, payment, or grant
for providing services for any of the
individuals (regardless of whether such
facility is operated for profit).
``(c) Dollar Limit on Amount Creditable.--The amount of the
employment-related expenses incurred during any taxable year which may
be taken into account under subsection (a) shall not exceed--
``(1) $5,000 if there is 1 qualifying individual with
respect to the taxpayer for such taxable year, or
``(2) $10,000 if there are 2 or more qualifying individuals
with respect to the taxpayer for such taxable year.
The amount determined under paragraph (1) or (2) (whichever is
applicable) shall be reduced by the aggregate amount excludable from
gross income under section 129 for the taxable year.
``(d) Earned Income Limitation.--
``(1) In general.--Except as otherwise provided in this
subsection, the amount of the employment-related expenses
incurred during any taxable year which may be taken into
account under subsection (a) shall not exceed--
``(A) in the case of an individual who is not
married at the close of such year, such individual's
earned income for such year, or
``(B) in the case of an individual who is married
at the close of such year, the lesser of such
individual's earned income or the earned income of his
spouse for such year.
``(2) Special rule for spouse who is a student or incapable
of caring for himself.--In the case of a spouse who is a
student or a qualifying individual described in subsection
(b)(1)(C), for purposes of paragraph (1), such spouse shall be
deemed for each month during which such spouse is a full-time
student at an educational institution, or is such a qualifying
individual, to be gainfully employed and to have earned income
of not less than--
``(A) $250 if subsection (c)(1) applies for the
taxable year, or
``(B) $500 if subsection (c)(2) applies for the
taxable year.
In the case of any husband and wife, this paragraph shall apply
with respect to only one spouse for any one month.
``(e) Special Rules.--For purposes of this section--
``(1) Place of abode.--An individual shall not be treated
as having the same principal place of abode as the taxpayer if
at any time during the taxable year of the taxpayer the
relationship between the individual and the taxpayer is in
violation of local law.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and his spouse file a joint return for the taxable
year.
``(3) Marital status.--An individual legally separated from
his spouse under a decree of divorce or of separate maintenance
shall not be considered as married.
``(4) Certain married individuals living apart.--If--
``(A) an individual who is married and who files a
separate return--
``(i) maintains as his home a household
which constitutes for more than one-half of the
taxable year the principal place of abode of a
qualifying individual, and
``(ii) furnishes over half of the cost of
maintaining such household during the taxable
year, and
``(B) during the last 6 months of such taxable year
such individual's spouse is not a member of such
household,
such individual shall not be considered as married.
``(5) Special dependency test in case of divorced parents,
etc.--If--
``(A) section 152(e) applies to any child with
respect to any calendar year, and
``(B) such child is under the age of 13 or is
physically or mentally incapable of caring for himself,
in the case of any taxable year beginning in such calendar
year, such child shall be treated as a qualifying individual
described in subparagraph (A) or (B) of subsection (b)(1)
(whichever is appropriate) with respect to the custodial parent
(as defined in section 152(e)(3)(A)), and shall not be treated
as a qualifying individual with respect to the noncustodial
parent.
``(6) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid by the
taxpayer to an individual--
``(A) with respect to whom, for the taxable year, a
deduction under section 151(c) (relating to deduction
for personal exemptions for dependents) is allowable
either to the taxpayer or his spouse, or
``(B) who is a child of the taxpayer (within the
meaning of section 152(f)(1)) who has not attained the
age of 19 at the close of the taxable year.
For purposes of this paragraph, the term `taxable year' means
the taxable year of the taxpayer in which the service is
performed.
``(7) Student.--The term `student' means an individual who
during each of 5 calendar months during the taxable year is a
full-time student at an educational organization.
``(8) Educational organization.--The term `educational
organization' means an educational organization described in
section 170(b)(1)(A)(ii).
``(9) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(10) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under this
section with respect to any qualifying individual unless the
TIN of such individual is included on the return claiming the
credit.
``(f) Adjustment for Inflation.--In the case of any taxable year
beginning after December 31, 2008, the $30,000 amount under subsection
(a)(2) and each of the dollar amounts under subsection (c) 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 `2007' for `1992' in subparagraph (B)
thereof.
If the dollar amount as adjusted under the preceding sentence is not a
multiple of $10, such amount shall be rounded to the nearest multiple
of $10.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Conforming Amendments.--
(1) Subpart A of part IV of subchapter A of chapter 1 of
the Internal Revenue Code of 1986 is amended by striking
section 21.
(2) Section 23(f)(1) (relating to filing requirements) is
amended by striking ``section 21(e)'' and inserting ``section
36(e)''.
(3) Section 35(g)(6) (relating to marital status) is
amended by striking ``section 21(e)'' and inserting ``section
36(e)''.
(4) Section 129(a)(2) (relating to limitation of exclusion)
is amended by striking ``section 21(e)'' and inserting
``section 36(e)''.
(5) Section 129(b)(2) (relating to special rule for certain
spouses) is amended by striking ``section 21(d)(2)'' and
inserting ``section 36(d)(2)''.
(6) Section 129(e)(1) (relating to dependent care
assistance) is amended by striking ``section 21(b)(2)'' and
inserting ``section 36(b)(2)''.
(7) Section 213(e) (relating to exclusion of amounts
allowed for care of certain dependents) is amended by striking
``section 21'' and inserting ``section 36''.
(8) Section 6213(g)(2) (relating to mathematical or
clerical error) is amended--
(A) by striking ``section 21'' in subparagraph (H)
and inserting ``section 36'', and
(B) by striking ``section 21, 24, or 32'' in
subparagraph (L) and inserting ``section 24, 32, or
36''.
(c) Clerical Amendments.--
(1) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the item relating to section 36 and
inserting the following new items:
``Sec. 36. Expenses for household and dependent care services necessary
for gainful employment.
``Sec. 37. Overpayments of tax.''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the item relating to section 21.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. EXPANSION OF TEACHER EXPENSES DEDUCTION.
(a) In General.--Subparagraph (D) of section 62(a)(2) (relating to
certain expenses of elementary and secondary school teachers) is
amended to read as follows:
``(D) Certain expenses of elementary and secondary
school teachers.--
``(i) In general.--The deductions allowed
by section 162 which consist of expenses, not
in excess of $450, paid or incurred by an
eligible educator--
``(I) in connection with books,
supplies (other than nonathletic
supplies for courses of instruction in
health or physical education), computer
equipment (including related software
services) and other equipment, and
supplementary materials used by the
eligible educator, and
``(II) for the professional
development of the eligible educator.
``(ii) Inflation adjustment.--In the case
of any taxable year beginning after 2008, the
$450 dollar amount under clause (i) shall be
increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2007' for
`calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding
sentence is not a multiple of $10, such amount
shall be rounded to the next lowest multiple of
$10.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007.
SEC. 4. PERMANENT EXTENSION OF ADOPTION TAX RELIEF.
Section 901 of the Economic Growth and Tax Relief Reconciliation
Act of 2001 is amended by adding at the end the following new
subsection:
``(c) Exception.--Subsection (a) shall not apply to the amendments
made by section 202 (relating to expansion of adoption credit and
adoption assistance programs).''. | Family Tax Relief Act of 2008 - Amends the Internal Revenue Code to: (1) increase and make refundable the tax credit for employment-related dependent care expenses; and (2) increase and make permanent the tax deduction for certain expenses of elementary and secondary school teachers.
Makes permanent provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 which allow: (1) an expanded tax credit for adoption expenses; and (2) an increased exclusion from the gross income of employees for employer-paid adoption expenses. | A bill to amend the Internal Revenue Code of 1986 to provide income tax relief for families, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family and Medical Leave Enhancement
Act of 2005''.
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 appears and inserting ``fewer than 25''.
SEC. 3. ADDITIONAL ENTITLEMENT TO 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 new paragraph:
``(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 four
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 new
sentence: ``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 by inserting after ``subsection
(a)(1)'' the following: ``or under subsection (a)(3)(A)''.
(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 new sentence: ``In any
case in which an employee requests leave under subsection (a)(3)(A),
the employee shall provide the employer with not less than seven 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 new subsection:
``(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. ENTITLEMENT TO LEAVE FOR CIVIL SERVANTS FOR PARENTAL
INVOLVEMENT.
(a) Leave Requirement.--Section 6382(a) of title 5, United States
Code, is amended by adding at the end the following new paragraph:
``(3)(A) Subject to section 6383(f), in addition to leave available
under paragraph (1), an employee shall be entitled to a total of four
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 new sentence: ``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 new sentence: ``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 seven 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 new subsection:
``(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 ENTITLEMENT TO LEAVE.
(a) In General.--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
new subparagraphs:
``(E) In order to meet routine family medical care
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 family medical
care needs of elderly individuals who are related to
the eligible employee, including visits to nursing
homes and group homes.''.
(b) Schedule.--
(1) Family and medical leave act of 1993.--The first
sentence of section 102(b)(1) of such Act (29 U.S.C.
2612(b)(1)) is amended by striking ``subparagraph (A) or (B)''
and inserting ``subparagraph (A), (B), (E), or (F)''.
(2) Title 5.--The first sentence of section 6382(b)(1) of
such title is amended by striking ``subparagraph (A) or (B)''
and inserting ``subparagraph (A), (B), (E), or (F)''.
(c) Substitution of Paid Leave.--
(1) Family and medical leave act of 1993.--Section
102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) (as amended
by section 3(c)) is further amended by striking ``subparagraph
(A), (B), or (C)'' and inserting ``subparagraph (A), (B), (C),
(E), or (F)''.
(2) Title 5.--Section 6382(d) of such title (as amended by
section 4(c)) is further amended by striking ``subparagraph
(A), (B), (C), or (D)'' and inserting ``subparagraph (A), (B),
(C), (D), (E), or (F)''.
(d) Notice.--
(1) Family and medical leave act of 1993.--The first
sentence of section 102(e)(1) of such Act (29 U.S.C.
2612(e)(1)) (as created by the amendment made by section 3(d))
is amended by striking ``subparagraph (A) or (B)'' and
inserting ``subparagraph (A), (B), (E), or (F)''.
(2) Title 5.--The first sentence of section 6382(e)(1) of
such title (as created by the amendment made by section 4(d))
is amended by striking ``subparagraph (A) or (B)'' and
inserting ``subparagraph (A), (B), (E), or (F)''.
(e) Spouses Employed by Same Employer.--Section 102(f)(1) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(f)(1)) is amended
by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph
(A), (B), (E), or (F)''.
(f) Certification.--
(1) Family and medical leave act of 1993.--Section 103 of
such Act (29 U.S.C. 2613) (as amended by section 3(e)) is
further amended by adding at the end the following new
subsection:
``(g) Certification for Routine Family Medical Care Needs.--An
employer may require that a request for leave under subparagraph (E) or
(F) of section 102(a)(1) be supported by a certification issued at such
time and in such manner as the Secretary may by regulation
prescribe.''.
(2) Title 5.--Section 6383 of such title (as amended by
section 4(e)) is further amended by adding at the end the
following new subsection:
``(g) An employing agency may require that a request for leave
under subparagraph (E) or (F) of section 6382(a)(1) be supported by a
certification issued at such time and in such manner as the Office of
Personnel Management may by regulation prescribe.''.
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 2005 - Amends the Family and Medical Leave Act of 1993 (FMLA) to cover employees at worksites that employ fewer than 50 employees, but not fewer than 25 employees. Continues to exempt from FMLA coverage employees at worksites that employ fewer than 25 employees (currently 50), if the total number of employees employed by that employer within 75 miles of that worksite is fewer than 25 (currently 50).
Allows all employees covered by FMLA to take up to 4 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 such parental involvement leave allowance to Federal employees.
Includes under FMLA entitlement leave for transporting children and grandchildren to medical and dental appointments and for visiting elderly relatives in nursing or group homes. | 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 family medical needs and to assist elderly relatives, and for other purposes. |
SECTION 1. BULLYING AND HARASSMENT PREVENTION POLICIES, PROGRAMS, AND
STATISTICS.
(a) State Reporting Requirements.--Section 4112(c)(3)(B)(iv) of the
Safe and Drug-Free Schools and Communities Act (20 U.S.C.
7112(c)(3)(B)(iv)) is amended by inserting ``, including bullying and
harassment,'' after ``violence''.
(b) State Application.--Section 4113(a) of such Act (20 U.S.C.
7113(a)) is amended--
(1) in paragraph (9)--
(A) in subparagraph (C), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(E) the incidence and prevalence of reported
incidents of bullying and harassment; and
``(F) the perception of students regarding their
school environment, including with respect to the
prevalence and seriousness of incidents of bullying and
harassment and the responsiveness of the school to
those incidents;'';
(2) in paragraph (18), by striking ``and'' at the end;
(3) in paragraph (19), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(20) provides an assurance that the State educational
agency will provide assistance to districts and schools in
their efforts to prevent and appropriately respond to incidents
of bullying and harassment and describes how the agency will
meet this requirement.''.
(c) Local Educational Agency Program Application.--Section 4114(d)
of such Act (20 U.S.C. 7114(d)) is amended--
(1) in paragraph (2)(B)(i)--
(A) in the matter preceding subclause (I), by
striking the semicolon and inserting a comma;
(B) in subclause (I), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(III) performance indicators for
bullying and harassment prevention
programs and activities; and''; and
(2) in paragraph (7)--
(A) in subparagraph (A), by inserting ``, including
bullying and harassment'' after ``disorderly conduct'';
(B) in subparagraph (D), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(F) annual notice to parents and students
describing the full range of prohibited conduct
contained in the discipline policies described in
subparagraph (A); and
``(G) complaint procedures for students or parents
that seek to register complaints regarding the
prohibited conduct contained in the discipline policies
described in subparagraph (A), including--
``(i) the name of the school or district
officials who are designated as responsible for
receiving such complaints; and
``(ii) timelines that the school or
district will follow in the resolution of such
complaints;''.
(d) Authorized Activities.--Section 4115(b)(2) of such Act (20
U.S.C. 7115(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(viii) teach students about the
consequences of bullying and harassment.''; and
(2) in subparagraph (E), by adding at the end the
following:
``(xxiii) Programs that address the causes
of bullying and harassment and that train
teachers, administrators, and counselors
regarding strategies to prevent bullying and
harassment and to effectively intervene when
such incidents occur.''.
(e) Reporting.--Section 4116(a)(2)(B) of such Act (20 U.S.C.
7116(a)(2)(B)) is amended by inserting ``, including bullying and
harassment,'' after ``drug use and violence''.
(f) Impact Evaluation.--Section 4122 of such Act (20 U.S.C. 7132)
is amended--
(1) in subsection (a)(2), by striking ``and school
violence'' and inserting ``school violence, including bullying
and harassment,''; and
(2) in the first sentence of subsection (b), by inserting
``, including bullying and harassment,'' after ``drug use and
violence''.
(g) Definitions.--
(1) Drug and violence prevention.--Paragraph (3)(B) of
section 4151 of such Act (20 U.S.C. 7151) is amended by
inserting ``, bullying, and other harassment'' after ``sexual
harassment and abuse''.
(2) Protective factor, buffer, or asset.--Paragraph (6) of
such section is amended by inserting ``, including bullying and
harassment'' after ``violent behavior''.
(3) Risk factor.--Paragraph (7) of such section is amended
by inserting ``, including bullying and harassment'' after
``violent behavior''.
(4) Bullying, harassment, and violence.--Such section is
further amended by adding at the end the following:
``(12) Bullying.--
``(A) In general.--The term `bullying' means
aggressive behavior that is intended to cause distress
or harm, involves an imbalance of power or strength
between the aggressor and the victim and that favors
the aggressor, and typically occurs repeatedly over
time. Bullying may take many forms, including physical,
verbal, relational, and cyber. Bullying can be conduct
or behavior or that is based on, but not limited to, a
student's actual or perceived identity with regard to
race, color, national origin, sex, gender identity,
disability, sexual orientation, religion, or other
distinguishing characteristics that may be defined by a
State or local educational agency that--
``(i) is directed at one or more students;
``(ii) substantially interferes with
educational opportunities or programs of such
students; and
``(iii) adversely affects the ability of a
student to participate in or benefit from the
school's educational programs or activities by
placing a student in reasonable fear of
physical or mental harm.
``(B) Association.--Such term includes conduct
described in clauses (i), (ii), and (iii) of
subparagraph (A) that is based on--
``(i) a student's association with another
individual; and
``(ii) a characteristic of the other
individual that is referred to in subparagraph
(A).
``(C) Cyberbullying.--
``(i) In general.--Such term includes
conduct described in subparagraph (A) that is
undertaken, in whole or in part, through use of
technology or electronic communications
(including electronic mail, Internet
communications, instant messages, or facsimile
communications) to transmit images, text,
sounds, or other data.
``(ii) Sexting.--Such term includes
transmitting a nude picture by a means
described in clause (i) if such transmission
constitutes conduct described in subparagraph
(A).
``(iii) False identity.--Such term includes
knowingly impersonating another person as the
author of posted content or messages on the
Internet in order to trick, tease, harass, or
spread rumors about the other person.
``(13) Harassment.--The term `harassment' means conduct,
including conduct that is based on a student's actual or
perceived identity with regard to race, color, national origin,
gender identity, disability, sexual orientation, religion, or
any other distinguishing characteristics that may be defined by
a State or local educational agency, that--
``(A) is directed at one or more students;
``(B) substantially interferes with educational
opportunities or educational programs of such students;
and
``(C) adversely affects the ability of a student to
participate in or benefit from the school's educational
programs or activities because the conduct as
reasonably perceived by the student is so severe,
persistent, or pervasive.
``(14) Violence.--The term `violence' includes bullying and
harassment.''.
(h) Effect on Other Laws.--
(1) Amendment.--The Safe and Drug-Free Schools and
Communities Act (20 U.S.C. 7101 et seq.) is amended by adding
at the end the following:
``SEC. 4156. EFFECT ON OTHER LAWS.
``(a) Federal and State Nondiscrimination Laws.--Nothing in this
part shall be construed to alter legal standards regarding, or limit
rights available to victims of, bullying or harassment under other
Federal or State laws, including title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), or the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
``(b) Free Speech and Expression Laws.--Nothing in this part shall
be construed to alter legal standards regarding, or affect the rights
available to individuals under, other Federal laws that establish
protections for freedom of speech and expression.''.
(2) Clerical amendment.--The table of contents of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by adding after the item relating to
section 4155 the following:
``Sec. 4156. Effect on other laws.''. | Amends the Safe and Drug-Free Schools and Communities Act to require: (1) states to use grants for safe and drug-free schools to collect and report information on the incidence of bullying and harassment, and (2) local educational agencies (LEAs) and schools to use subgrants to prevent and respond to incidents of bullying and harassment. Requires such LEAs or schools to: (1) notify parents and students annually of conduct prohibited in their school discipline policies, that now must include bullying and harassment; and (2) establish complaint procedures for students and parents to register complaints regarding such conduct. Includes bullying and harassment within the Act's definition of violence. | To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Community Response
Team Act of 1995''.
SEC. 2. PURPOSE.
The purposes of this Act are to--
(1) establish and strengthen the partnership between law
enforcement and community groups in order to assist victims of
domestic violence;
(2) provide early intervention and followup services in
order to prevent future incidents of domestic violence; and
(3) establish a central technical assistance center for the
collection and provision of programmatic information and
technical assistance.
SEC. 3. GRANTS AUTHORIZED FOR COMMUNITY RESPONSE TEAMS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), is authorized to award
grants to encourage eligible entities to serve as community response
teams to assist in the prevention of domestic violence. Grants awarded
under this section shall be awarded in a manner that ensures geographic
and demographic diversity.
(b) Maximum Amount.--The Secretary shall not award a grant under
this section in an amount that exceeds $500,000.
(c) Duration.--The Secretary shall award grants under this section
for periods of not to exceed 3 years.
(d) Eligible Entity.--
(1) In general.--For purposes of this section, the term
``eligible entity'' means a nonprofit, community-based
organization whose primary purpose involves domestic violence
prevention, and who has demonstrated expertise in providing
services to victims of domestic violence and collaborating with
service providers and support agencies in the community.
(2) Additional requirements.--In order to be considered an
eligible entity for purposes of this section, an entity shall--
(A) have an understanding of the racial, ethnic,
and lingual diversity of the community in which such
entity serves as a community response team;
(B) be able to respond adequately to such
community; and
(C) to the extent practicable, include personnel
that reflect the racial, ethnic, and lingual diversity
of such community.
(e) Role of Community Response Teams.--Community response teams
established pursuant to this section shall--
(1) provide community advocates to work (in conjunction
with local police) with victims, immediately after incidents of
domestic violence;
(2) educate victims of domestic violence about the legal
process with respect to restraining orders and civil and
criminal charges;
(3) discuss with such victims immediate safety arrangements
and child care needs, and educate victims about resources
provided by local agencies;
(4) provide for followup services and counseling with local
support agencies;
(5) educate victims regarding abuse tactics, including
increased incidence of violence that occurs after repeated
episodes of violence; and
(6) act in partnership with local law enforcement agencies
to carry out the purposes of this Act.
(f) Applications.--
(1) In general.--Applications for grants under this section
shall be submitted to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) include a complete description of the eligible
entity's plan for operating a community-based
partnership between law enforcement officials and
community organizations;
(B) demonstrate effective community leadership,
commitment to community action, and commitment to
working with affected populations;
(C) provide for periodic project evaluation through
written reports and analysis in order to assist in
applying successful programs to other communities; and
(D) demonstrate an understanding of the population
to be served, including an understanding of the racial,
ethnic, and socio-economic characteristics that
influence the roles of women and affect treatment.
(g) Administrative Expenses.--Of the amount made available under
section 5 for a grant under this section for a community response team,
not more than 5 percent of such amount may be expended to cover the
administrative expenses of the community response team.
SEC. 4. TECHNICAL ASSISTANCE CENTER.
(a) In General.--The Secretary is authorized to award a contract to
an eligible entity to serve as a technical assistance center under this
Act. The technical assistance center shall--
(1) serve as a national information, training, and material
development source for the development and support of community
response teams nationwide; and
(2) provide technical support and input to community
programs, including assisting local groups in the establishment
of programs and providing training to community volunteer staff
persons.
(b) Eligible Entity.--For purposes of this section, the term
``eligible entity'' means a nonprofit organization with a primary focus
on domestic violence prevention and demonstrated expertise in providing
technical assistance, information, training, and resource development
on some aspect of domestic violence service provision or prevention. An
eligible entity shall be selected by the Secretary under this section
based on competence, experience, and a proven ability to conduct
national-level organization and program development. In order to be
considered an eligible entity for purposes of this section, an entity
shall provide the Secretary with evidence of support from community-
based domestic violence organizations for the designation of the entity
as the technical assistance center.
(c) Administrative Expenses.--Of the amount made available under
section 5 for a contract under this section for a technical assistance
center, not more than 5 percent of such amount may be expended to cover
the administrative expenses of the technical assistance center.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for fiscal years
1996, 1997, and 1998 to carry out the provisions of this Act, of which
$300,000 shall be made available for a contract under section 4. | Domestic Violence Community Response Team Act of 1995 - Prescribes guidelines under which the Secretary of Health and Human Services is authorized to: (1) award grants for community response teams to assist in domestic violence prevention; and (2) award contracts for technical assistance centers.
Authorizes appropriations. | Domestic Violence Community Response Team Act of 1995 |
TITLE I--DEFENSE
SEC. 101. REDUCTION OF NUCLEAR DELIVERY SYSTEMS.
The Secretary of Defense shall reduce the strategic nuclear force
of the Department of Defense by fiscal year 2004 to include a maximum
of 300 Minuteman III intercontinental ballistic missiles.
SEC. 102. TERMINATION OF PRODUCTION OF TRIDENT II (D-5) MISSILES AND
RETIREMENT OF TRIDENT I SUBMARINES.
(a) Termination of Trident II Missile Production.--No funds may be
appropriated to the Department of Defense for any fiscal year after
fiscal year 1998 for production of Trident II (D-5) missiles for the
Department of the Navy.
(b) Retirement of Trident I Submarines.--The Secretary of Defense
shall retire eight Trident I submarines during fiscal years 2001
through 2004.
SEC. 103. REDUCTION IN THEATER MISSILE DEFENSE PROGRAMS.
(a) Termination of Programs.--The Secretary of Defense shall reduce
theater missile defense programs by terminating development of--
(1) the Navy sea-based area theater missile defense system;
(2) the Army Medium Extended Air Defense System (MEADS);
(3) the Air Force airborne laser for destruction of
missiles system; and
(4) the Space and Missile Tracking System (Brilliant Eyes).
(b) Prohibition on Funding for Development of Arrow Missile for
Israel.--No funds may be appropriated to the Department of Defense for
any fiscal year after fiscal year 1998 to provide assistance to Israel
for development of the Arrow missile.
SEC. 104. TERMINATION OF THE MARINE CORPS V-22 OSPREY AIRCRAFT PROGRAM.
No funds may be appropriated to the Department of Defense for any
fiscal year after fiscal year 1998 for research, development, test, and
evaluation or for procurement for the Marine Corps V-22 Osprey aircraft
program.
SEC. 105. RETIREMENT OF EXCESS KC-135 TANKERS.
The Secretary of Defense shall retire 20 Air Force KC-135E aircraft
during each of fiscal years 1999 through 2003.
SEC. 106. ASSIGNMENT OF WARTIME FUNCTION TO MILITARY PERSONNEL IN
TRAINING OR TRANSIT.
The Secretary of Defense shall assign to a unit of the Armed Forces
each member of the Armed Forces--
(1) who is in transit during a scheduled move from one
military installation to another military installation; or
(2) who is undergoing military training other than basic
training.
SEC. 107. RECOVERY OF FULL COST OF MILITARY EXPORTS.
(a) Recoupment of Certain Nonrecurring Costs in Commercial Export
Sales of Major Defense Equipment.--
(1) In general.--Section 38 of the Arms Export Control Act
(22 U.S.C. 2778) is amended by adding at the end the following
new subsection:
``(i)(1) Any sale involving the export of major defense equipment
pursuant to a license or other approval granted under this section
shall include an appropriate charge for a proportionate amount of the
nonrecurring costs incurred by the United States in the research,
development, and production of such equipment. Such charge shall be
comparable to the charge imposed pursuant to section 21(e)(1)(B) of
this Act relating to government-to-government sales of major defense
equipment.
``(2) The charge provided for in paragraph (1) shall not apply with
respect to major defense equipment that is wholly paid for from funds
transferred under section 503(a)(3) of the Foreign Assistance Act of
1961 (22 U.S.C. 2311(a)(3)) or from funds made available on a grant or
other nonrepayable basis under section 23 of this Act.''.
(2) Effective date.--Section 38(i) of the Arms Export
Control Act, as added by paragraph (1), applies with respect to
major defense equipment sold pursuant to a contract entered
into on or after the date of the enactment of this Act.
(b) Recovery of Certain Administrative Expenses in Connection With
Foreign Military Sales.--Section 43(b) of the Arms Export Control Act
(22 U.S.C. 2792(b)) is amended--
(1) by adding ``and'' at the end of paragraph (1);
(2) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(3) by striking paragraph (3).
TITLE II--OTHER DISCRETIONARY ACCOUNTS
SEC. 201. TERMINATION OF SPACE STATION PROGRAM.
(a) Termination.--The Administrator of the National Aeronautics and
Space Administration shall terminate the participation of the United
States in the International Space Station program.
(b) Termination Costs.--There are authorized to be appropriated to
the Administrator of the National Aeronautics and Space Administration
$700,000,000 for fiscal year 1999 for costs associated with carrying
out subsection (a).
SEC. 202. ELIMINATION OF LOAN SUBSIDIES AVAILABLE UNDER THE RURAL
ELECTRIFICATION ACT OF 1936.
(a) In General.--Title I of the Rural Electrification Act of 1936
(7 U.S.C. 901-946) is amended by adding at the end the following:
``SEC. 19. INTEREST RATE ON LOANS AND ADVANCES UNDER THIS ACT.
``The rate of interest on any loan made under this Act on or after
the date of the enactment of this section, and the rate of interest on
any advance made under this Act on or after such date under loan
commitments made at any time, shall equal the coupon equivalent yield
on obligations of the Treasury of the United States of comparable
maturity, at the most recent auction of such obligations by the
Department of the Treasury.
``SEC. 20. LOAN ORIGINATION FEES.
``(a) In General.--The Secretary and the Governor of the telephone
bank shall charge and collect a loan origination fee, in an amount
determined by use of the schedule prescribed under subsection (b), from
each borrower to whom a loan is made under this Act on or after the
date of the enactment of this section.
``(b) Fee Schedule.--The Secretary shall prescribe a schedule of
loan origination fees to be collected under subsection (a), which shall
be calculated so as to result in the collection of amounts sufficent to
cover the cost of defaults on loans made under this Act on or after the
date of the enactment of this section.''.
(b) Conforming Amendments.--
(1) Section 305(a) of such Act (7 U.S.C. 935(a)) is amended
by striking ``and at the interest rates hereinafter provided''.
(2) Section 305(c)(1) of such Act (7 U.S.C. 935(c)(1)) is
amended by striking ``of 5 percent per year'' each place it
appears and inserting ``determined pursuant to section 19''.
(3) Section 305(c)(2)(A) of such Act (7 U.S.C.
935(c)(2)(A)) is amended--
(A) by striking ``the interest rate described in
subparagraph (B)'' and inserting ``an interest rate
determined pursuant to section 19''; and
(B) by striking ``(C)'' and inserting ``(B)'';
(4) Section 305(c)(2)(C)(i) of such Act (7 U.S.C.
935(c)(2)(C)(i)) is amended by striking ``subparagraph (B)''
and inserting ``section 19''.
(5) Section 305(c)(2) of such Act (7 U.S.C. 935(c)(2)) is
amended by striking subparagraph (B) and redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C),
respectively.
(6) Section 305(d)(1)(A) of such Act (7 U.S.C. 935(d)) is
amended by striking ``of 5 percent per year'' and inserting
``determined pursuant to section 19''.
(7) Section 305(d)(2) of such Act (7 U.S.C. 935(d)(2)) is
amended by striking ``equal to the then current cost of money
to the Government of the United States for loans of similar
maturity, but not more than 7 percent per year,'' and inserting
``determined pursuant to section 19''.
(8) Section 305(d)(3)(C) of such Act (7 U.S.C.
935(d)(3)(C)) is amended by striking ``408(b)(4)(C)'' and
inserting ``408(b)(3)(C)''.
(9) Section 306C(c)(1) of such Act (7 U.S.C. 936c(c)(1)) is
amended--
(A) by striking ``the interest rate described in
paragraph (2)'' and inserting ``an interest rate
determined pursuant to section 19''; and
(B) by striking ``(3)'' and inserting ``(2)''.
(10) Section 306C(c)(3)(A) of such Act (7 U.S.C.
936c(c)(3)(A)) is amended by striking ``paragraph (2)'' and
inserting ``section 19''.
(11) Section 306C(c)(4) of such Act (7 U.S.C. 936c(c)(4))
is amended by striking ``(3)'' and inserting ``(2)''.
(12) Section 306C(c) of such Act (7 U.S.C. 936c(c)) is
amended by striking paragraph (2) and redesignating paragraphs
(3) and (4) as paragraphs (2) and (3), respectively.
(13) Section 306C of such Act (7 U.S.C. 936c) is amended by
striking subsection (d).
(14) Section 310 of such Act (7 U.S.C. 940) is amended by
striking ``provided in section 305'' and inserting ``determined
pursuant to section 19''.
(15) Section 408(b)(2) of such Act (7 U.S.C. 948(b)(2)) is
amended by striking ``, however, to'' and inserting ``to
section 19 and''.
(16) Section 408(b) of such Act (7 U.S.C. 948(b)) is
amended by striking paragraph (3) and redesignating paragraphs
(4) through (8) as paragraphs (3) through (7), respectively.
(17) Section 408(e) of such Act (7 U.S.C. 948(e)) is
amended by striking the 1st and 2nd sentences.
SEC. 203. ELIMINATION OF BELOW-COST SALES OF TIMBER FROM NATIONAL
FOREST SYSTEM LANDS.
The National Forest Management Act of 1976 is amended by inserting
after section 14 (16 U.S.C. 472a) the following new section:
``SEC. 14A. ELIMINATION OF BELOW-COST TIMBER SALES FROM NATIONAL FOREST
SYSTEM LANDS.
``(a) Requirement That Sale Revenues Exceed Costs.--On and after
October 1, 2003, in appraising timber and setting a minimum bid for
trees, portions of trees, or forest products located on National Forest
System lands proposed for sale under section 14 or any other provision
of law, the Secretary of Agriculture shall ensure that the estimated
cash returns to the United States Treasury from each sale exceed the
estimated costs to be incurred by the Federal Government in the
preparation of the sale or as a result of the sale.
``(b) Costs To Be Considered.--For purposes of estimating under
this section the costs to be incurred by the Federal Government from
each timber sale, the Secretary shall assign to the sale the following
costs:
``(1) The actual appropriated expenses for sale preparation
and harvest administration incurred or to be incurred by the
Federal Government from the sale and the payments to counties
to be made as a result of the sale.
``(2) A portion of the annual timber resource planning
costs, silvicultural examination costs, other resource support
costs, road design and construction costs, road maintenance
costs, transportation planning costs, appropriated
reforestation costs, timber stand improvement costs, forest
genetics costs, general administrative costs (including
administrative costs of the national and regional offices of
the Forest Service), and facilities construction costs of the
Federal Government directly or indirectly related to the timber
harvest program conducted on National Forest System lands.
``(c) Method of Allocating Costs.--The Secretary shall allocate the
costs referred to in subsection (b)(2) to each unit of the National
Forest System, and each proposed timber sale in such unit, on the basis
of harvest volume.
``(d) Transitional Requirements.--To ensure the elimination of all
below-cost timber sales by the date specified in subsection (a), the
Secretary shall progressively reduce the number and size of below-cost
timber sales on National Forest System lands as follows:
``(1) In fiscal years 1999 and 2000, the quantity of timber
sold in below-cost timber sales on National Forest System lands
shall not exceed 75 percent of the quantity of timber sold in
below-cost timber sales in the preceding fiscal year.
``(2) In fiscal year 2001, the quantity of timber sold in
below-cost timber sales on National Forest System lands shall
not exceed 65 percent of the quantity of timber sold in below-
cost timber sales in fiscal year 1998.
``(3) In fiscal years 2002 and 2003, the quantity of timber
sold in below-cost timber sales on National Forest System lands
shall not exceed 50 percent of the quantity of timber sold in
below-cost timber sales in the fiscal year 2001.
``(e) Below-Cost Timber Sale.--For purposes of this section, the
term `below-cost timber sale' means a sale of timber in which the costs
to be incurred by the Federal Government exceed the cash returns to the
United States Treasury.''.
SEC. 204. ELIMINATION OF THE FOREIGN MARKET DEVELOPMENT COOPERATOR
PROGRAM.
Title VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5712 et
seq.) is repealed.
SEC. 205. ELIMINATION OF COCHRAN FELLOWSHIP PROGRAM.
Section 1543 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 3293) is repealed.
SEC. 206. ELIMINATION OF SUPPORT FOR PRODUCERS AND USERS OF COMMERCIAL
AIRLINERS.
The Administrator of the National Aeronautics and Space
Administration shall not obligate any funds for the Advanced Subsonic
Technology Program, High-Speed Research, or the National Aeronautics
Facility.
SEC. 207. ELIMINATION OF APPALACHIAN REGIONAL COMMISSION.
Effective September 30, 1998, the Appalachian Regional Development
Act of 1965 (Public Law 89-4) is repealed.
SEC. 208. ELIMINATION OF FEDERAL FUNDING FOR TVA.
Section 27 of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831z) is amended to read as follows:
``Sec. 27. No appropriations are authorized to carry out the
provisions of this Act after September 30, 1998.''.
TITLE III--ENTITLEMENTS
SEC. 301. SALE AND PURCHASE OF POWER BY FEDERAL POWER MARKETING
ADMINISTRATIONS.
(a) Market Based Rates.--Notwithstanding sections 4 and 5 of the
Bonneville Project Act of 1937 (16 U.S.C. 832), sections 9 and 10 of
the Federal Columbia River Transmission System Act (16 U.S.C. 838 and
following), the Act of August 31, 1964 (16 U.S.C. 837-837h), section 7
of the Pacific Northwest Electric Power Planning and Conservation Act
(16 U.S.C. 839-839h), section 5 of the Flood Control Act of 1944, the
Department of Energy Organization Act (Public Law 93-454), or any other
authority of law, for any contract or other arrangement entered into by
any Federal Power Marketing Administration after October 1, 1998 for
the sale of electric power, notwithstanding any other provision of
law--
(1) the rate for the sale of such power shall be the market
rate established by competitive bidding and no discount or
special rate shall be provided to any purchaser; and
(2) no public body or cooperative, Federal agency,
investor-owned utility, direct service industrial customer, or
other entity shall be entitled to any preference or priority
right to contract for or otherwise purchase such power.
Nothing in this subsection shall affect any contract entered into
before October 1, 1998. Notwithstanding the Federal Power Act or
section 7 of the Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839-839h), the Federal Energy Regulatory
Commission shall not be authorized or required to approve or confirm
any rate for the sale of electric power or transmission services
established under this subsection.
(b) Termination of Residential Exchange Program.--Section 5(c) of
the Pacific Northwest Power Planning and Conservation Act (16 U.S.C.
839-839h) shall not apply to any contract or other arrangement for the
purchase or sale of electric power entered into after October 1, 1998.
(c) Contract Renewal.--After the enactment of this Act, no Federal
Power Marketing Administration may enter into or renew any power
marketing contract for a term that exceeds 5 years.
SEC. 302. ELIMINATION OF MARKET ACCESS PROGRAM.
Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)
is repealed.
SEC. 303. INCREASE IN ASSESSMENTS UNDER TOBACCO PRICE SUPPORT PROGRAM.
(a) Increase in Assessment Rate.--Section 106(g)(1) of the
Agricultural Act of 1949 (7 U.S.C. 1445(g)(1)) is amended--
(1) in subparagraph (A), by striking ``.5 percent'' and
inserting ``1 percent''; and
(2) in subparagraph (B), by striking ``1 percent'' and
inserting ``2 percent''.
(b) Duration of Assessments.--Such section is further amended by
striking ``1998 crops'' and inserting ``2003 crops''.
SEC. 304. PAYMENT OF IN-SCHOOL INTEREST BY STUDENT LOAN BORROWERS.
Section 428(b)(7) of the Higher Education Act of 1965 (20 U.S.C.
1078(b)(7)) is amended--
(1) in subparagraph (A), by striking ``In the case'' and
inserting ``Except as provided in subparagraph (D), in the
case''; and
(2) by adding at the end the following new subparagraph:
``(D) In the case of a loan made under section 427 or 428
after October 1, 1998, the repayment period shall exclude any
period of authorized deferment or forbearance, and shall begin
as described in clause (i) or (ii) of subparagraph (A), but
interest shall begin to accrue or be paid by the borrower at
the beginning of the 6 month period described in such clause
(i).''.
SEC. 305. COPAYMENT FOR PRESCRIPTION MEDICATIONS FURNISHED TO VETERANS
BY THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Increase in Copyament.--Subsection (a)(1) of 1722A of title 38,
United States Code, is amended by striking ``$2'' and inserting ``$5''.
(b) Extension of Copayment Requirement.--Subsection (c) of such
section is amended by striking ``September 30, 2002'' and inserting
``September 30, 2003''. | TABLE OF CONTENTS:
Title I: Defense
Title II: Other Discretionary Accounts
Title III: Entitlements
Title I: Defense
- Directs the Secretary of Defense to reduce: (1) by FY 2004 the Department of Defense (DOD) strategic nuclear force to include a maximum of 300 Minuteman III intercontinental ballistic missiles; and (2) DOD theater missile defense programs by terminating the Navy sea-based area theater missile defense system, the Army Medium Extended Air Defense System, the Air Force airborne laser for destruction of missiles system, and the Space and Missile Tracking System.
(Sec. 102) Prohibits funds from being appropriated to DOD for fiscal years after 1998 for the production of Trident II (D-5) missiles for the Navy. Requires the Secretary to retire eight Trident I submarines during FY 2001 through 2004.
(Sec. 103) Prohibits funds from being appropriated to DOD for fiscal years after 1998 for: (1) assistance to Israel for development of the Arrow missile; and (2) research, development, test, and evaluation or for procurement for the Marine Corps V-22 Osprey aircraft program.
(Sec. 105) Requires the Secretary to retire 20 Air Force KC-135E aircraft during each of FY 1999 through 2003.
(Sec. 106) Directs the Secretary to assign to a unit of the armed forces members who are: (1) in transit during a scheduled move from one military installation to another; or (2) undergoing military training other than basic training.
(Sec. 107) Amends the Arms Export Control Act to provide that any sale of major defense equipment approved under such Act shall include an appropriate charge for costs incurred by the United States in the research, development, and production of such equipment. Provides an exception. Repeals a provision of such Act which allows for the recovery of certain administrative expenses when such expenses are neither salaries of U.S. armed forces nor unfunded estimated costs of civilian retirement and other benefits.
Title II: Other Discretionary Accounts
- Requires the Administrator of the National Aeronautics and Space Administration (NASA) to terminate U.S. participation in the International Space Station program. Authorizes appropriations for termination costs.
(Sec. 202) Amends the Rural Electrification Act of 1936 to require the interest rates on loans and advances under such Act to equal the coupon equivalent yield on Treasury obligations of comparable maturity at the most recent Treasury auction. Provides for loan origination fees from borrowers of loans made under such Act.
Eliminates references to existing interest rates under such Act.
(Sec. 203) Amends the National Forest Management Act of 1976 to eliminate below-cost timber sales from National Forest System lands.
(Sec. 204) Repeals provisions of the Agricultural Trade Act of 1978 regarding the foreign market development cooperator program.
(Sec. 205) Repeals provisions of the Food, Agriculture, Conservation, and Trade Act of 1990 regarding the Cochran Fellowship Program.
(Sec. 206) Prohibits the NASA Administrator from obligating funds for the Advanced Subsonic Technology Program, High-Speed Research, or the National Aeronautics Facility.
(Sec. 207) Repeals the Appalachian Regional Development Act of 1965 effective September 30, 1998.
(Sec. 208) Amends the Tennessee Valley Authority Act of 1933 to prohibit the authorization of appropriations to carry out such Act after September 30, 1998.
Title III: Entitlements
- Requires, for any arrangement for the sale of electric power entered into by a Federal Power Marketing Administration after October 1, 1998, that: (1) the rate for the sale of power be the market rate established by competitive bidding and no discount be provided to any purchaser; and (2) no entity be entitled to any preference or priority right to contract for or purchase such power.
Makes certain provisions of the Pacific Northwest Electric Power Planning and Conservation Act regarding a residential power exchange program inapplicable to arrangements for the purchase or sale of electric power entered into after October 1, 1998.
Prohibits Federal Power Marketing Administrations from entering into or renewing a power marketing contract for a term that exceeds five years.
(Sec. 302) Repeals provisions of the Agricultural Trade Act of 1978 regarding a market access program.
(Sec. 303) Amends the Agricultural Act of 1949 to extend and increase tobacco price support program marketing assessments on producers, purchasers, and importers.
(Sec. 304) Amends the Higher Education Act of 1965 to provide for the payment of in-school interest by certain student loan borrowers.
(Sec. 305) Amends Federal veterans' provisions to increase from $2 to $5 the prescription drug copayment required from certain veterans. Extends such requirement through FY 2003. | To reduce Federal spending in several programs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seasoned Customer CTR Exemption Act
of 2008''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) When it is possible to reduce the regulatory burden on
depository institutions associated with reporting requirements
under chapter 53 of title 31, United States Code, while at the
same time maintaining the utility of such reports to law
enforcement efforts, it is appropriate to do so.
(2) In February 2008, the Comptroller General issued a
report titled ``Bank Secrecy Act: Increased Use of Exemption
Provisions Could Reduce Currency Transaction Reporting While
Maintaining Usefulness to Law Enforcement Efforts'' (GAO-08-
355).
(3) The Comptroller General finds that since transactions
of exempt customers are of little or no value to law
enforcement efforts, efforts made to increase the use of such
exemptions by depository institutions could reduce the
regulatory burden associated with filing unnecessary cash
transaction reports and the government's costs to process them,
while maintaining the utility of such reports to law
enforcement efforts.
(4) The Comptroller General finds that the requirement that
depository institutions file biennial renewals for Phase II
customer exemptions duplicates the required annual review of
such exemptions and discourages the use of some exemptions.
(5) The Comptroller General finds that eliminating the
requirement that depository institutions file biennial renewals
for Phase II customer exemptions could increase the use of such
exemptions and reduce the burden associated with filing
unnecessary cash transaction reports.
(6) The Comptroller General recommends eliminating the
requirement that depository institutions biennially renew Phase
II exemptions.
(7) The Comptroller General finds that the cash
transactions of government entities and depository institutions
are likely of little or no use to law enforcement efforts and
that cash transaction reports related to these entities are
unnecessary.
(8) The Comptroller General finds that, although the
amendments made to chapter 53 of title 31, United States Code,
by the Money Laundering Suppression Act of 1994 required the
Secretary of the Treasury to exempt depository institutions
from filing cash transaction reports on the transactions of
government entities and depository institutions and did not
explicitly require the filing of exemption forms or annual
review of such information with respect to the exempt entities
to effectuate any such exemption, the regulations prescribed by
the Secretary nonetheless require depository institutions to
file such exemption forms and annual reviews.
(9) The Comptroller General finds that the requirement that
depository institutions file forms to exempt government
entities and depository institutions, and conduct annual
reviews of related information, discourages the use of such
exemptions and creates cash transaction reports that are of
little or no value to law enforcement efforts.
(10) The Comptroller General recommends eliminating the
requirement that depository institutions file exemption forms
and annually review the supporting information for government
entities and depository institutions.
(11) The Comptroller General finds that requiring
depository institutions to wait 12 months before exempting
certain customers with large numbers of cash transactions may
needlessly create cash transaction reports that are not highly
useful to law enforcement efforts.
(12) The Comptroller General finds that allowing depository
institutions to exempt clients with frequent cash transactions
within a time period of less than a year could avoid the filing
of unnecessary cash transaction reports.
(13) The Comptroller General recommends considering a
change in requirements to allow depository institutions to
exempt otherwise-eligible customers with frequent large cash
transactions within a period of time shorter than 12 months.
SEC. 3. EXCEPTION FROM CURRENCY TRANSACTION REPORTS FOR SEASONED
CUSTOMERS.
Section 5313(e) of title 31, United States Code, is amended to read
as follows:
``(e) Qualified Customer Exemption.--
``(1) In general.--Before the end of the 270-day period
beginning on the date of the enactment of the Seasoned Customer
CTR Exemption Act of 2008, the Secretary of the Treasury shall
prescribe regulations that exempt any depository institution
from filing a report pursuant to this section after the
effective date of such regulations in connection with a
transaction for the payment, receipt, or transfer of United
States coins or currency (or other monetary instruments the
Secretary of the Treasury prescribes) with a qualified customer
of the depository institution.
``(2) Qualified customer defined.--For purposes of this
section, the term `qualified customer', with respect to a
depository institution, has such meaning as the Secretary of
the Treasury shall prescribe, which shall include any person
that--
``(A) is incorporated or organized under the laws
of the United States or any State, including a sole
proprietorship (as defined in 31 CFR 103.22(d)(6)(vii),
as in effect on January 4, 2007), or is registered as
and eligible to do business within the United States or
a State; and
``(B) has maintained a deposit account with the
depository institution for at least 2 months, or has
engaged, using such an account, in multiple currency
transactions that are subject to the reporting
requirements of subsection (a).
``(3) Regulations.--
``(A) In general.--The Secretary of the Treasury
shall prescribe regulations requiring a depository
institution to file a 1-time notice of designation of
exemption for each qualified customer of the depository
institution.
``(B) Form and content of exemption notice.--The
Secretary shall by regulation prescribe the form,
manner, content, and timing of the qualified customer
exemption notice and such notice shall include
information sufficient to identify the qualified
customer and the accounts of the customer.
``(C) Authority of secretary.--
``(i) In general.--The Secretary may
suspend, reject, or revoke any qualified
customer exemption notice, in accordance with
criteria prescribed by the Secretary by
regulation.
``(ii) Conditions.--The Secretary may
establish conditions, in accordance with
criteria prescribed by regulation, under which
exempt qualified customers of an insured
depository institution that is merged with or
acquired by another insured depository
institution will continue to be treated as
designated exempt qualified customers of the
surviving or acquiring institution.''.
SEC. 4. EXCEPTION FROM CURRENCY TRANSACTION REPORTS FOR GOVERNMENT
ENTITIES, DEPOSITORY INSTITUTIONS, AND CERTAIN OTHER
FINANCIAL INSTITUTIONS.
(a) In General.--Section 5313(d) of title 31, United States Code,
is amended to read as follows:
``(d) Mandatory Exemptions From Reporting Requirements.--
``(1) In general.--Upon enactment of the Seasoned Customer
CTR Exemption Act of 2008, the Secretary of the Treasury shall
exempt, pursuant to section 5318(a)(6), a depository
institution from the reporting requirements of subsection (a),
without requiring the depository institution to file a notice
of designation of exemption or to annually review the
information supporting the exemption, with respect to
transactions between the depository institution and the
following categories of entities:
``(A) Another depository institution.
``(B) A department or agency of the United States,
any State, or any political subdivision of any State.
``(C) Any entity established under the laws of the
United States, any State, or any political subdivision
of any State, or under an interstate compact between 2
or more States, which exercises governmental authority
on behalf of the United States, the State, or the
political subdivision.
``(D) Any entity, other than a bank, whose common
stock or analogous equity interests are listed on the
New York Stock Exchange or the American Stock Exchange
or whose common stock or analogous equity interests
have been designated as a Nasdaq National Market
Security listed on the Nasdaq Stock Market (except
stocks or interests listed under the separate `Nasdaq
Small-Cap Issues' heading), except that, for purposes
of this subparagraph, a person that is a financial
institution, other than a bank, is an exempt person
only to the extent of such institution's domestic
operations.
``(E) Any subsidiary, other than a bank, of any
entity described in subparagraph (D) that is organized
under the laws of the United States or of any State and
at least 51 percent of whose common stock or analogous
equity interest is owned by the listed entity, except
that, for purposes of this subparagraph, a person that
is a financial institution, other than a bank, is an
exempt person only to the extent of such institution's
domestic operations.
``(F) Any business or category of business the
reports on which have little or no value for law
enforcement purposes.
``(2) Notice of exemption.--The Secretary of the Treasury
shall publish in the Federal Register at such times as the
Secretary determines to be appropriate (but not less frequently
than once each year) a list of all the entities whose
transactions with a depository institution are exempt under
this subsection from the reporting requirements of subsection
(a).''.
(b) Election To Report Notwithstanding Exemption.--Section 5313(f)
of title 31, United States Code, is amended by adding at the end the
following new paragraph:
``(3) Depository institution elections.--A depository
institution may elect to report a transaction that would
otherwise qualify for an exemption under subsection (d) or (e),
and a depository institution that makes such an election shall
not be subject to any penalty, liability, enforcement remedy,
or supervisory criticism for such reporting.''.
(c) Technical and Conforming Amendment.--The heading for subsection
(f) of section 5313 of title, United States Code, is amended by
striking ``Mandatory and Discretionary''. | Seasoned Customer CTR Exemption Act of 2008 - Amends federal money and finance law to: (1) repeal certain discretionary exemptions of depository institutions from currency transaction reporting (CTR) requirements; and (2) instruct the Secretary of the Treasury to prescribe regulations that exempt any depository institution from filing certain mandatory reports of currency transactions with a qualified customer.
Defines qualified customer as any person that: (1) is incorporated or organized under federal or state law, including a sole proprietorship, or is registered as and eligible to do business within the United States or a state; and (2) has maintained a deposit account with the depository institution for at least two months, or has engaged, using such account, in multiple currency transactions subject to federal CTR requirements.
Requires such regulations to require a depository institution to file a one-time notice of designation of exemption for each of its qualified customers.
Authorizes the Secretary to: (1) suspend, reject, or revoke any qualified customer exemption notice; and (2) set conditions under which exempt qualified customers of an insured depository institution that is merged with, or acquired by another insured depository institution, will continue to be treated as designated exempt qualified customers of the surviving or acquiring institution.
Revises certain mandatory exemptions from CTR requirements. Requires the Secretary to exempt a depository institution from domestic CTR requirements without requiring the depository institution to either file a notice of designation of exemption, or to annually review the information supporting the exemption, with respect to transactions between the depository institution and specified categories of entities.
Specifies additions to such categories of entities.
Permits a depository institution to elect to report such exempted transactions without being subject to any penalty, liability, enforcement remedy, or supervisory criticism for such reporting. | To amend section 5313 of title 31, United States Code, to reform certain requirements for reporting cash transactions, and for other purposes. |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Methyl bromide is a broad spectrum pesticide which
protects plants and agricultural products from a wide range of
insects, rodents, viruses, fungi, weeds, and nematodes.
(2) American farmers depend on methyl bromide to grow,
store, ship, process, and trade over 100 different crops.
(3) The agricultural community has no safe, effective,
commercially available alternatives to methyl bromide. Some
nonchemical pest control alternatives have proven effective in
small scale tests but are largely untested, much less proven,
for commercial food production purposes. The Environmental
Protection Agency's Office of Prevention, Pesticides, and Toxic
Substances reports that few substitutes exist, all of which
pose potential human health and environmental risks.
(4) In 1992, the Montreal Protocol on Substances Depleting
the Ozone Layer was amended to include methyl bromide.
(5) According to the 1992 Science Assessment Report to the
Montreal Protocol, agricultural use of methyl bromide accounts
for less than 3 percent of the threat to the ozone layer, and a
similar report issued in 1994 notes that the Earth's ozone
layer will return to normal by the middle of the next century
even if methyl bromide remains available to farmers.
(6) In 1993, despite the importance of methyl bromide, the
lack of alternatives, and many scientific uncertainties, the
Environmental Protection Agency, citing the Montreal Protocol,
listed methyl bromide as an ozone depleting chemical under the
provisions of the Clean Air Act and ordered United States
production frozen at 1991 levels and an end to production by
January 1, 2001.
(7) Given current alternatives, analysis at the University
of Florida predicts a 43 percent decline in affected vegetable
acreage in Florida. A 1993 United States Department of
Agriculture study finds that the ban will cost as much as
$1,500,000,000 in Florida, Georgia, California, North Carolina,
and South Carolina, the 5 States where methyl bromide is most
utilized.
SEC. 2. CONTROL OF METHYL BROMIDE.
(a) Definitions.--For purposes of this section:
(1) The term ``use as a pesticide'' includes farming and
post-harvest uses.
(2) The term ``pesticide'' has the same meaning as when
used in the Federal Insecticide, Fungicide, and Rodenticide
Act.
(3) The term ``control'' means, with respect to any
substance, any ban, phase-out, or other restriction on the
production, importation, export, consumption, or use of the
substance.
(4) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(b) Restrictions on EPA Authority.--Except as provided in
subsection (c) or (d), the Administrator may not--
(1) control the production, importation, or export of the
substance methyl bromide pursuant to title VI of the Clean Air
Act (42 U.S.C. section 7671-7671q) for consumption or use as a
pesticide;
(2) control the consumption or use of methyl bromide as a
pesticide; or
(3) require the labelling of any agricultural product
treated with methyl bromide.
(c) Existence of Substitutes or Alternatives.--The Administrator
may take any action described in paragraph (1), (2), or (3) of
subsection (b), or any combination of such actions, if the Secretary of
Agriculture has certified by rule that there exist viable, cost-
effective substitutes or other alternatives to the consumption or use
of methyl bromide as a pesticide for specified agricultural commodities
and products. If the Secretary has made a certification under this
paragraph, a control permitted pursuant to such certification shall
apply only with respect to those specified applications and to those
specified commodities and products for which the certification is made.
(d) Montreal Protocol.--The Administrator may take any action
described in paragraph (1), (2), or (3) of subsection (b), or any
combination of such actions, if the United States is required by the
Montreal Protocol to implement a control on the production,
importation, or export of methyl bromide for consumption or use as a
pesticide or a control on the consumption or use of methyl bromide as a
pesticide. The applicability, contents and timing of any such control--
(1) shall be no more stringent or restrictive than
specifically required by the Montreal Protocol,
(2) shall be equally required of all parties to the
Montreal Protocol; and
(3) shall include all exemptions, exceptions, and other
flexibility (including exemptions for production, importation,
export, and consumption, for both preshipment and quarantine
uses) allowed by the Montreal Protocol.
(e) Inconsistent EPA Actions.--All rules, standards and other
regulatory actions promulgated, published, or otherwise issued by the
Administrator of the Environmental Protection Agency before the date of
enactment of this Act are repealed to the extent they impose a control
which is not specifically required by the Montreal Protocol.
(f) Savings Clause.--Nothing in this Act shall be construed to
affect the provisions of 40 C.F.R. Sec. Sec. 82.9, 82.10, 82.11, and
82.12 (relating to Article 5 parties and transfers), or any other
regulatory provisions granting exemptions, exceptions, or other
flexibility not prohibited by the Montreal Protocol. | Prohibits the Administrator of the Environmental Protection Agency from controlling the consumption, production, importation, or export of methyl bromide for pesticide use, except: (1) as required by the Montreal Protocol of all parties; or (2) upon a Department of Agriculture certification of appropriate alternatives or substitutes. | To make a regulatory correction concerning methyl bromide to meet the obligations of the Montreal Protocol without placing the farmers of the United States at a competitive disadvantage versus foreign growers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puget Sound Recovery Act of 2008''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Puget Sound, as the Nation's second largest estuary, is
a cornerstone of the Pacific Northwest's regional identity and
at the heart of the region's prosperity, supporting a thriving
natural resource and marine industry.
(2) The water quality of Puget Sound is in decline, with
areas of deadly low oxygen and increasing toxic pollutants.
Resident species such as salmon and orcas are endangered.
(3) The declining health of Puget Sound threatens the
economic and environmental vitality of the Pacific Northwest.
(4) The Governor of the State of Washington has taken steps
to combat the decline of Puget Sound at the State government
level.
(5) The Federal Government should now match the efforts of
the State of Washington. The Environmental Protection Agency
should take the lead at the Federal level to create a
comprehensive recovery package for Puget Sound, in coordination
with the comprehensive conservation and management plan for
Puget Sound, and should establish a Puget Sound office in the
State of Washington. Other Federal agencies to be involved
should include the United States Fish and Wildlife Service, the
National Park Service, the United States Geological Survey, the
Forest Service, the Natural Resources Conservation Service, the
Corps of Engineers, and the Departments of Commerce, Homeland
Security, Defense, and Transportation.
(6) The Puget Sound recovery plan efforts should be listed
in the President's annual budget and should serve as a model of
the use of science and efficient coordination between Federal,
tribal, State, regional, and local efforts with an emphasis on
monitoring, assessment, and reaching demonstrable goals.
(7) Canada should join in this enhanced effort, given that
Puget Sound and the Georgia Straits are the same waterway.
SEC. 3. PUGET SOUND.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 123. PUGET SOUND.
``(a) Program Office.--
``(1) Establishment.--The Administrator shall establish in
the Environmental Protection Agency a Puget Sound Program
Office (in this section referred to as the `Office').
``(2) Appointment of director.--The Office shall be headed
by a Director who, by reason of management experience and
technical expertise relating to Puget Sound, is highly
qualified to direct the development of programs and plans on a
variety of issues relating to Puget Sound. The Office shall be
located in the State of Washington.
``(3) Delegation of authority; staffing.--The Administrator
shall delegate to the Director such authority, and provide such
additional staff, as may be necessary to carry out the duties
of the Director under this section.
``(b) Duties of Director.--
``(1) In general.--The Director shall assist the management
conference convened for Puget Sound under section 320 (in this
section referred to as the `Conference') in carrying out its
goals.
``(2) Specific duties.--In carrying out paragraph (1), the
Director shall--
``(A) assist and support the implementation of the
comprehensive conservation and management plan
developed by the Conference pursuant to section 320 (in
this section referred to as the `Comprehensive Plan'),
including efforts to establish, within the process for
granting watershed general permits, a system for
promoting innovative methodologies and technologies
that are cost-effective and consistent with the goals
of the Comprehensive Plan;
``(B) to the extent practicable, coordinate the
major functions of the Federal Government related to
the implementation of the Comprehensive Plan, including
programs and activities for water quality improvements,
wetland and estuary restoration and protection,
endangered species recovery, and research and studies
commissioned under this Act;
``(C) conduct or commission studies and research
considered necessary for strengthened implementation of
the Comprehensive Plan, including studies and research
described in paragraph (3);
``(D) coordinate and manage environmental data
related to Puget Sound;
``(E) coordinate the grant, research, and planning
programs authorized under this section;
``(F) coordinate activities for the protection of
Puget Sound and the Georgia Straits with Canadian
authorities;
``(G) coordinate activities and implementation
responsibilities, including activities under species
recovery plans, through cooperation with other Federal
agencies that have jurisdiction in the Puget Sound
watershed;
``(H) collect and make available to the public
publications, and other forms of information the
Conference determines to be appropriate, relating to
the environmental quality of Puget Sound; and
``(I) biennially issue a report to Congress that--
``(i) summarizes the progress made in
implementing the Comprehensive Plan;
``(ii) summarizes any modifications to the
Comprehensive Plan in the 12-month period
immediately preceding such report; and
``(iii) incorporates specific
recommendations concerning the implementation
of the Comprehensive Plan.
``(3) Studies and research.--Areas for studies and research
under paragraph (2)(C) shall include--
``(A) population growth and the adequacy of
wastewater treatment facilities and on-site septic
systems;
``(B) the use of physical, chemical, and biological
methods for nutrient removal in sewage treatment
plants;
``(C) contaminated sediments and dredging
activities;
``(D) nonpoint source pollution abatement,
including pollution from stormwater discharges, and
land use activities in the Puget Sound watershed;
``(E) wetland, riparian, and near shore protection
and restoration;
``(F) flood abatement and floodplain restoration
techniques;
``(G) the impacts of forest and agricultural
practices on the health of Puget Sound;
``(H) atmospheric deposition of pollutants into the
Puget Sound watershed;
``(I) water quality requirements to sustain fish,
shellfish, and wildlife populations, and the use of
indicator species to assess environmental quality;
``(J) State water quality programs, for their
adequacy pursuant to implementation of the
Comprehensive Plan;
``(K) options for long-term financing of wastewater
treatment projects and water pollution control
programs;
``(L) water usage and efficiency;
``(M) toxic pollutants; and
``(N) such other areas as the Director considers
appropriate.
``(4) Implementation methods.--The Director may enter into
interagency agreements, make intergovernmental personnel
appointments, and utilize other available methods in carrying
out the Director's duties under this subsection.
``(c) Grants To Implement Comprehensive Plan.--
``(1) In general.--The Administrator may make grants to
eligible recipients for projects and studies that will help
implement the Comprehensive Plan.
``(2) Eligible activities.--Projects and studies eligible
for assistance under this subsection include planning,
research, modeling, construction, monitoring, implementation,
citizen involvement and education, and such other activities as
the Administrator considers appropriate.
``(3) Federal share.--The Federal share of the cost of a
project or study receiving grant assistance under this
subsection shall not exceed 50 percent of the cost of the
project or study.
``(4) Eligible recipient defined.--In this subsection, the
term `eligible recipient' means a State, interstate, tribal,
regional, or local water pollution control agency or other
public or nonprofit private agency, institution, or
organization.
``(d) Grants for Projects To Address Sewage and Stormwater
Discharges.--
``(1) In general.--The Administrator may make grants to
eligible recipients for projects to address sewage and
stormwater discharges into the Puget Sound watershed.
``(2) Eligible projects.--Projects eligible for assistance
under this subsection include demonstration and research
projects that provide treatment for, or that minimize, sewage
or stormwater discharges using one or more approaches,
including decentralized or distributed stormwater controls,
decentralized wastewater treatment, low-impact development
practices, conservation easements, stream buffers, and wetlands
restoration.
``(3) Award of grants.--
``(A) In general.--Subject to subparagraph (B), the
Administrator shall award grants under this subsection
on a competitive basis.
``(B) Distressed communities.--In awarding grants
under this subsection, the Administrator may give
priority to a project located in a distressed
community.
``(4) Federal share.--
``(A) In general.--Subject to subparagraph (B), the
Federal share of the cost of a project receiving grant
assistance under this subsection shall not exceed 75
percent of the cost of the project.
``(B) Distressed communities.--The Federal share of
the cost of a project receiving grant assistance under
this subsection shall not exceed 100 percent of the
cost of the project if the project is located in a
distressed community.
``(5) Definitions.--In this subsection, the following
definitions apply:
``(A) Eligible recipient.--The term `eligible
recipient' means a State, interstate, tribal, regional,
or local water pollution control agency or other public
or nonprofit private agency, institution, or
organization.
``(B) Distressed community.--The term `distressed
community' means a community that meets affordability
criteria established by the State in which the
community is located, if such criteria are developed
after public review and comment.
``(e) Annual Budget Plan.--
``(1) In general.--The President, as part of the annual
budget of the United States Government, shall submit
information regarding each Federal agency involved in Puget
Sound protection and restoration, including--
``(A) an interagency crosscut budget that displays
for each Federal agency--
``(i) amounts obligated in the preceding
fiscal year for protection and restoration
activities relating to Puget Sound;
``(ii) the estimated budget for the current
fiscal year for protection and restoration
activities relating to Puget Sound; and
``(iii) the proposed budget for protection
and restoration activities relating to Puget
Sound; and
``(B) a description of the Federal role in the
Puget Sound Program and the specific role of each
agency involved in Puget Sound protection and
restoration, including specific activities conducted or
planned to achieve the goals of the Comprehensive Plan.
``(2) Coordination with the conference.--In carrying out
this subsection, the President, to the extent practical, shall
coordinate reporting, data collection, and planning activities
with the Conference.
``(f) Authorizations.--There are authorized to be appropriated to
the Administrator to carry out this section such sums as may be
necessary for each of fiscal years 2009 through 2013.''. | Puget Sound Recovery Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Administrator of the Environmental Protection Agency (EPA) to establish a Puget Sound Program Office, to be located in the state of Washington and headed by a Director who shall assist the management conference convened for Puget Sound in carrying out its goals.
Requires the Director to: (1) assist and support the implementation of the comprehensive conservation and management plan developed by the conference ("Comprehensive Plan"); (2) coordinate the major functions of the federal government related to the implementation of the Comprehensive Plan; (3) carry out studies and research necessary for strengthened implementation of the Comprehensive Plan; (4) coordinate and manage environmental data related to Puget Sound; (5) coordinate the grant, research, and planning programs authorized under this Act; (6) coordinate activities for the protection of Puget Sound and the Georgia Straits with Canadian authorities and responsibilities, including under species recovery plans, through cooperation with other federal agencies that have jurisdiction in the Puget Sound watershed; and (7) collect and make available to the public information relating to the environmental quality of Puget Sound.
Requires a biennial report to Congress on the implementation of the Comprehensive Plan.
Allows the Administrator to make grants for projects and studies that will help implement the Comprehensive Plan and for projects to address sewage and stormwater discharges into the Puget Sound watershed.
Requires the President, as part of the annual budget, to submit information regarding expenditures and roles of each federal agency involved in Puget Sound protection and restoration. | To amend the Federal Water Pollution Control Act to provide assistance for programs and activities to protect the water quality of Puget Sound, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lake Traverse Reservation Heirship
Act of 2007''.
SEC. 2. AMENDMENTS TO LAKE TRAVERSE HEIRSHIP ACT.
Public Law 98-513 is amended by striking section 5 (98 Stat. 2413)
and inserting the following:
``SEC. 5. INHERITANCE OF SMALL FRACTIONAL INTEREST.
``(a) Definition of Small Fractional Interest.--In this section,
the term `small fractional interest' means an undivided trust or
restricted interest in a parcel of land within the reservation that--
``(1) represents less than 5 percent of the entire
undivided ownership of the parcel of land (as reflected in the
decedent's estate inventory as of the date on which the
decisionmaker enters the final decision determining heirs); and
``(2) does not exceed the equivalent of 2\1/2\ acres if the
interest were to be expressed in terms of its proportionate
share of the total acreage of the parcel of land of which the
interest is a part.
``(b) Intestate Inheritance in General.--Notwithstanding section 3,
no small fractional interest shall pass by intestate succession under
this Act or any other provision of law except as provided in subsection
(c).
``(c) Inheritance by Tribe.--If a person dies possessed of a small
fractional interest that has not been devised in accordance with
subsection (d) to 1 or more eligible devisees described in that
subsection, the small fractional interest shall pass to the Tribe, with
title to the interest to be held by the United States in trust for the
Tribe.
``(d) Inheritance by Testamentary Devise.--
``(1) Eligible devisees.--Notwithstanding any other
provision of this Act, and subject to paragraph (2), a small
fractional interest may be devised only to the following
eligible devisees:
``(A) The tribe.
``(B) Any person who is an enrolled member of the
Tribe prior to entry of the final probate order.
``(2) Requirements.--
``(A) No surviving spouse.--In any case in which a
surviving spouse of a decedent does not exist, the
small fractional interest of the decedent shall pass
only to an heir of the decedent who is an enrolled
member of the Tribe before the date on which a final
probate order relating to the estate is entered.
``(B) Devises of small fractional interests.--No
devise of a small fractional interest shall be valid as
to a devisee unless--
``(i) the devisee is eligible to receive
the small fractional interest by devise under
paragraph (1); and
``(ii) the devise is made in a will that
has been approved by the Secretary of the
Interior in accordance with section 2 of the
Act of June 25, 1910 (36 Stat. 856, chapter
431).
``(C) Descent of interest.--A small fractional
interest shall pass, in trust or restricted status--
``(i)(I) to the surviving child of the
decedent, if the child is eligible to receive
the interest by devise under paragraph (1); or
``(II) if 2 or more surviving children of
the decedent are eligible to receive the
interest, to the oldest of the children;
``(ii)(I) if the interest does not pass
under clause (i), to the surviving grandchild
of the decedent, if the grandchild is eligible
to receive the interest by devise under
paragraph (1); or
``(II) if 2 or more surviving grandchildren
of the decedent are eligible to receive the
interest, to the oldest of the grandchildren;
``(iii)(I) if the interest does not pass
under clause (i) or (ii), to the surviving
great-grandchild of the decedent, if the great-
grandchild is eligible to receive the interest
by devise under paragraph (1); or
``(II) if 2 or more surviving great-
grandchildren of the decedent are eligible to
receive the interest, to the oldest of the
great-grandchildren; or
``(iv) if the interest does not pass under
clause (i), (ii), or (iii), to the Tribe.
``(3) Holding in trust.--Any small fractional interest
devised in accordance with this subsection shall pass to the
devisee or devisees on the death of the testator, with title to
be held by the United States in trust for the devisee or
devisees.''.
SEC. 3. NOTICE TO LANDOWNERS; CERTIFICATION.
(a) Notice.--Not later than 180 days after the date of enactment of
this Act, the Secretary of the Interior (referred to in this Act as the
``Secretary'') shall provide notice of the amendment made by section 2
to owners of trust and restricted interests in land within the Lake
Traverse Indian Reservation by--
(1) posting written notice of the amendment at the
administrative headquarters of the Sisseton-Wahpeton Oyate of
the Lake Traverse Reservation of North Dakota and South Dakota
and at the Agency of the Bureau of Indian Affairs located in
Agency Village, South Dakota;
(2) publishing the notice not fewer than 4 times in
newspapers of general circulation in all counties in which any
part of the Lake Traverse Reservation is located; and
(3) sending the notice by first class mail to the last
known addresses of Indians with interests in trust or
restricted land within the Lake Traverse Reservation.
(b) Certification.--After providing notice under subsection (a),
the Secretary shall--
(1) certify that notice has been given in accordance with
that subsection; and
(2) publish notice of the certification in the Federal
Register.
SEC. 4. ESCHEATMENTS.
(a) Definition of Escheatment.--In this section, the term
``escheatment'' means an escheatment to the Sisseton-Wahpeton Oyate of
an interest in land pursuant to section 5 of Public Law 98-513 (98
Stat. 2411).
(b) Purposes.--The purposes of this section are--
(1) to establish a process for providing compensation for
escheatments; and
(2) to ratify the escheatments.
(c) Ratification of Escheatments.--
(1) In general.--Subject to the requirements of this
section, each escheatment is ratified.
(2) Holding in trust.--The title to each interest subject
to an escheatment shall be held by the United States in trust
for the Sisseton-Wahpeton Oyate.
(d) Actions Barred.--Notwithstanding any other provision of law,
except as provided in subsection (4)(C)(ii), no court shall have
jurisdiction over a claim challenging--
(1) an escheatment; or
(2) the compensation provided for an escheatment.
(e) Compensation.--
(1) In general.--The Secretary shall provide compensation
in an amount described in paragraph (2) to any individual that,
absent an escheatment, would have inherited land or an interest
in land.
(2) Amount.--
(A) In general.--In determining the amount of
compensation to be provided under paragraph (1), the
Secretary shall take into consideration--
(i) any appraisal report prepared with
respect to the probate of the estate of the
decedent that owned the applicable land or
interest in land on the day before the date on
which the land or interest was subject to an
escheatment; or
(ii) if an appraisal described in clause
(i) is not available, the appraised value of
the land or interest in land as of the date of
probate of the land or interest.
(B) Interest.--The amount of compensation provided
under this subsection shall include interest calculated
from the date of probate of the applicable land or
interest in land in accordance with section 3116 of
title 40, United States Code.
(3) Review of determinations.--
(A) Administrative review.--A determination by the
Secretary of the amount of compensation provided under
this subsection shall be subject to administrative
review in accordance with regulations of the Secretary
contained in chapters I and II of title 25, Code of
Federal Regulations (or successor regulations).
(B) Judicial review.--
(i) In general.--No court shall have
jurisdiction to review a determination by the
Secretary of the amount of compensation
provided under this subsection until the date
on which a final decision is made with respect
to the administrative review of the
determination.
(ii) Deadline.--
(I) In general.--An action seeking
judicial review of a determination by
the Secretary under this subsection
shall be filed by not later than 1 year
after the date described in clause (i).
(II) Failure to meet deadline.--If
the deadline described in subclause (I)
is not met with respect to a
determination of the Secretary, the
determination shall not be subject to
judicial review.
(4) Exclusive remedy.--Compensation provided under this
subsection with respect to an escheatment shall be the
exclusive remedy for the escheatment.
(f) Regulations.--The Secretary shall promulgate such regulations
as the Secretary determines to be necessary to carry out this section.
(g) Applicability.--
(1) In general.--This section shall apply to escheatments
only if--
(A) the amendment made by section 2 is determined
to be invalid for any reason by a court of competent
jurisdiction; and
(B) all appeals of such a determination are
exhausted.
(2) Effect of subsection.--Nothing in this subsection
invalidates the amendment made by section 2.
SEC. 5. EFFECTIVE DATE.
(a) Effect on Interests.--The amendment made by section 2 shall not
affect any interest in the estate of a person who dies before the date
that is 1 year after the date on which the Secretary publishes notice
of the certification under section 3(b).
(b) Effect on Wills.--The amendment made by section 2 shall not
affect the validity or effect of any will executed before the date that
is 1 year after the date on which the Secretary publishes notice of the
certification under section 3(b). | Lake Traverse Reservation Heirship Act of 2007 - Amends federal Indian law to provide for the inheritance of small fractional interests within the Lake Traverse Indian Reservation. | A bill to amend Public Law 98-513 to provide for the inheritance of small fractional interests within the Lake Traverse Indian Reservation. |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Reauthorization Act
of 1999''.
(b) Reference.--Whenever in this Act a section or other provision
is amended or repealed, such amendment or repeal shall be considered to
be made to that section or other provision of the Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act of 1994 (Public
Law 103-449; 16 U.S.C. 461 note).
SEC. 2. FINDINGS.
Section 102 of the Act is amended--
(1) in paragraph (1), by inserting ``and the Commonwealth of
Massachusetts'' after ``State of Connecticut'';
(2) by striking paragraph (2) and redesignating paragraphs (3)
through (9) as paragraphs (2) through (8), respectively; and
(3) in paragraph (3) (as so redesignated), by inserting ``New
Haven,'' after ``Hartford,''.
SEC. 3. ESTABLISHMENT OF QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL
HERITAGE CORRIDOR; PURPOSE.
(a) Establishment.--Section 103(a) of the Act is amended by
inserting ``and the Commonwealth of Massachusetts'' after ``State of
Connecticut''.
(b) Purpose.--Section 103(b) of the Act is amended to read as
follows:
``(b) Purpose.--It is the purpose of this title to provide
assistance to the State of Connecticut and the Commonwealth of
Massachusetts, their units of local and regional government and
citizens in the development and implementation of integrated natural,
cultural, historic, scenic, recreational, land, and other resource
management programs in order to retain, enhance, and interpret the
significant features of the lands, water, structures, and history of
the Quinebaug and Shetucket Rivers Valley.''.
SEC. 4. BOUNDARIES AND ADMINISTRATION.
(a) Boundaries.--Section 104(a) of the Act is amended--
(1) by inserting ``Union,'' after ``Thompson,''; and
(2) by inserting after ``Woodstock'' the following: ``in the
State of Connecticut, and the towns of Brimfield, Charlton, Dudley,
E. Brookfield, Holland, Oxford, Southbridge, Sturbridge, and
Webster in the Commonwealth of Massachusetts, which are contiguous
areas in the Quinebaug and Shetucket Rivers Valley, related by
shared natural, cultural, historic, and scenic resources''.
(b) Administration.--Section 104 of the Act is amended by adding at
the end the following:
``(b) Administration.--
``(1) In general.--(A) The Corridor shall be managed by the
management entity in accordance with the management plan, in
consultation with the Governor and pursuant to a compact with the
Secretary.
``(B) The management entity shall amend its by-laws to add the
Governor of Connecticut (or the Governor's designee) and the
Governor of the Commonwealth of Massachusetts (or the Governor's
designee) as a voting members of its Board of Directors.
``(C) The management entity shall provide the Governor with an
annual report of its activities, programs, and projects. An annual
report prepared for any other purpose shall satisfy the
requirements of this paragraph.
``(2) Compact.--To carry out the purposes of this Act, the
Secretary shall enter into a compact with the management entity.
The compact shall include information relating to the objectives
and management of the Corridor, including, but not limited to, each
of the following:
``(A) A delineation of the boundaries of the Corridor.
``(B) A discussion of goals and objectives of the Corridor,
including an explanation of the proposed approaches to
accomplishing the goals set forth in the management plan.
``(C) A description of the role of the State of Connecticut
and the Commonwealth of Massachusetts.
``(3) Authorities of management entity.--For the purpose of
achieving the goals set forth in the management plan, the
management entity may use Federal funds provided under this Act--
``(A) to make grants to the State of Connecticut and the
Commonwealth of Massachusetts, their political subdivisions,
nonprofit organizations, and other persons;
``(B) to enter into cooperative agreements with or provide
technical assistance to the State of Connecticut and the
Commonwealth of Massachusetts, their political subdivisions,
nonprofit organizations, and other persons;
``(C) to hire and compensate staff; and
``(D) to contract for goods and services.
``(4) Prohibition on acquisition of real property.--The
management entity may not use Federal funds received under this Act
to acquire real property or any interest in real property.''.
SEC. 5. STATES CORRIDOR PLAN.
Section 105 of the Act is amended--
(1) by striking subsections (a) and (b);
(2) by redesignating subsection (c) as subsection (a);
(3) in subsection (a) (as so redesignated)--
(A) by striking the first sentence and all that follows
through ``Governor,'' and inserting the following: ``The
management entity shall implement the management plan. Upon
request of the management entity,''; and
(B) in paragraph (5), by striking ``identified pursuant to
the inventory required by section 5(a)(1)''; and
(4) by adding at the end the following:
``(b) Grants and Technical Assistance.--For the purposes of
implementing the management plan, the management entity may make grants
or provide technical assistance to the State of Connecticut and the
Commonwealth of Massachusetts, their political subdivisions, nonprofit
organizations, and other persons to further the goals set forth in the
management plan.''.
SEC. 6. DUTIES OF THE SECRETARY.
Section 106 of the Act is amended--
(1) in subsection (a)--
(A) by striking ``Governor'' each place it appears and
inserting ``management entity'';
(B) by striking ``preparation and''; and
(C) by adding at the end the following: ``Such assistance
shall include providing funds authorized under section 109 and
technical assistance necessary to carry out this Act.''; and
(2) by amending subsection (b) to read as follows:
``(b) Termination of Authority.--The Secretary may not make any
grants or provide any assistance under this Act after September 30,
2009.''.
SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES.
Section 107 of the Act is amended by striking ``Governor'' and
inserting ``management entity''.
SEC. 8. DEFINITIONS.
Section 108 of the Act is amended--
(1) in paragraph (1), by inserting before the period the
following: ``and the Commonwealth of Massachusetts''.
(2) in paragraph (3), by inserting before the period the
following: ``and the Governor of the Commonwealth of
Massachusetts'';
(3) in paragraph (5), by striking ``each of'' and all that
follows and inserting the following: ``the Northeastern Connecticut
Council of Governments, the Windham Regional Council of
Governments, and the Southeastern Connecticut Council of
Governments in Connecticut, (or their successors), and the Pioneer
Valley Regional Planning Commission and the Southern Worcester
County Regional Planning Commission (or their successors) in
Massachusetts.''; and
(4) by adding at the end the following:
``(6) The term `management plan' means the document approved by
the Governor of the State of Connecticut on February 16, 1999, and
adopted by the management entity, entitled `Vision to Reality: A
Management Plan', the management plan for the Corridor, as it may
be amended or replaced from time-to-time.
``(7) The term `management entity' means Quinebaug-Shetucket
Heritage Corridor, Inc., a not-for-profit corporation (or its
successor) incorporated in the State of Connecticut.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 109 of the Act is amended to read as follows:
``SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated under
this title not more than $1,000,000 for any fiscal year. Not more than
a total of $10,000,000 may be appropriated for the Corridor under this
title after the date of the enactment of the Quinebaug and Shetucket
Rivers Valley National Heritage Corridor Reauthorization Act of 1999.
``(b) Fifty Percent Match.--Federal funding provided under this
title may not exceed 50 percent of the total cost of any assistance or
grant provided or authorized under this title.''.
SEC. 10. CONFORMING AMENDMENTS.
(a) Long Title.--The long title of the Act is amended to read as
follows: ``An Act to establish the Quinebaug and Shetucket Rivers
Valley National Heritage Corridor in the State of Connecticut and the
Commonwealth of Massachusetts, and for other purposes.''.
(b) Heading.--The heading for section 110 of the Act is amended by
striking ``service'' and inserting ``system''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Names Quinebaug- Shetucket Heritage Corridor, Inc. the management entity for the Corridor, with authority to make grants, enter into cooperative agreements with, or provide technical assistance to the States, local governments, nonprofit organizations, and other persons to further the goals set forth in the management plan adopted by the Governor of Connecticut on February 16, 1999.
Requires the management entity to amend its by-laws to add the Governors of Connecticut and of Massachusetts (or their designees) as voting members of its Board of Directors.
Requires the Secretary of the Interior to enter into a compact with the management entity.
Prohibits the use of Federal funds received under such Act to acquire real property or any interest in real property.
Terminates the Secretary's authority to make grants or provide any assistance at the end of FY 2009.
Specifies regional planning organizations in Massachusetts which shall be involved in preserving the Corridor and ensuring appropriate use of lands and structures throughout it.
Increases the authorization of appropriations, and makes it permanent, although with a maximum total that may be appropriated overall. | Quinebaug and Shetucket Rivers Valley National Heritage Corridor Reauthorization Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stem Cell Therapeutic and Research
Reauthorization Act of 2010''.
SEC. 2. AMENDMENTS TO THE STEM CELL THERAPEUTIC AND RESEARCH ACT OF
2005.
(a) Cord Blood Inventory.--Section 2 of the Stem Cell Therapeutic
and Research Act of 2005 (42 U.S.C. 274k note) is amended--
(1) in subsection (a), by inserting ``at least'' before
``150,000'';
(2) in subsection (c)(3), by inserting ``at least'' before
``150,000'';
(3) in subsection (d)--
(A) in paragraph (2), by striking ``; and'' and
inserting ``;'';
(B) by redesignating paragraph (3) as paragraph
(5); and
(C) by inserting after paragraph (2) the following:
``(3) will provide a plan to increase cord blood unit
collections at collection sites that exist at the time of
application, assist with the establishment of new collection
sites, or contract with new collection sites;
``(4) will annually provide to the Secretary a plan for,
and demonstrate, ongoing measurable progress toward achieving
self-sufficiency of cord blood unit collection and banking
operations; and'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``10 years'' and inserting
``a period of at least 10 years beginning on
the last date on which the recipient of a
contract under this section receives Federal
funds under this section''; and
(ii) by striking the second sentence and
inserting ``The Secretary shall ensure that no
Federal funds shall be obligated under any such
contract after the date that is 5 years after
the date on which the contract is entered into,
except as provided in paragraphs (2) and
(3).'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``Subject to
paragraph (1)(B), the'' and inserting
``The''; and
(II) by striking ``3'' and
inserting ``5'';
(ii) in subparagraph (A)--
(I) by inserting ``at least''
before ``150,000''; and
(II) by striking ``; and'' and
inserting ``;'';
(iii) in subparagraph (B)--
(I) by inserting ``meeting the
requirements under subsection (d)''
after ``receive an application for a
contract under this section''; and
(II) by striking ``or the
Secretary'' and all that follows
through the period at the end and
inserting ``; or''; and
(iv) by adding at the end the following:
``(C) the Secretary determines that the outstanding
inventory need cannot be met by the qualified cord
blood banks under contract under this section.''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) Extension eligibility.--A qualified cord blood bank
shall be eligible for a 5-year extension of a contract awarded
under this section, as described in paragraph (2), provided
that the qualified cord blood bank--
``(A) demonstrates a superior ability to satisfy
the requirements described in subsection (b) and
achieves the overall goals for which the contract was
awarded;
``(B) provides a plan for how the qualified cord
blood bank will increase cord blood unit collections at
collection sites that exist at the time of
consideration for such extension of a contract, assist
with the establishment of new collection sites, or
contract with new collection sites; and
``(C) annually provides to the Secretary a plan
for, and demonstrates, ongoing measurable progress
toward achieving self-sufficiency of cord blood unit
collection and banking operations.'';
(5) in subsection (g)(4), by striking ``or parent''; and
(6) in subsection (h)--
(A) by striking paragraph (2) and inserting the
following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out the
program under this section $23,000,000 for each of fiscal years
2011 through 2014 and $20,000,000 for fiscal year 2015. Such
funds so appropriated shall remain available until expended.'';
and
(B) in paragraph (3), by striking ``in each of
fiscal years 2007 through 2009'' and inserting ``for
fiscal years 2011 through 2015''.
(b) National Program.--Section 379 of the Public Health Service Act
(42 U.S.C. 274k) is amended--
(1) by striking subsection (a)(6) and inserting the
following:
``(6) The Secretary, acting through the Advisory Council,
shall submit to Congress an annual report on the activities
carried out under this section.'';
(2) by striking subsection (d)(2)(D) and inserting the
following:
``(D) support studies and demonstration and
outreach projects for the purpose of increasing cord
blood unit donation and collection from a genetically
diverse population, including exploring novel
approaches or incentives, such as remote or other
innovative technological advances that could be used to
collect cord blood units, to expand the number of cord
blood unit collection sites partnering with cord blood
banks that receive a contract under the National Cord
Blood Bank Inventory program under section 2 of the
Stem Cell Therapeutic and Research Act of 2005;''; and
(3) by striking subsection (f)(5)(A) and inserting the
following:
``(A) require the establishment of a system of
strict confidentiality to protect the identity and
privacy of patients and donors in accordance with
Federal and State law; and''.
(c) Authorization of Appropriations.--Section 379B of the Public
Health Service Act (42 U.S.C. 274m) is amended by striking
``$34,000,000'' and all that follows through the period at the end, and
inserting ``$30,000,000 for each of fiscal years 2011 through 2014 and
$33,000,000 for fiscal year 2015. Such funds so appropriated shall
remain available until expended.''.
(d) Report on Cord Blood Unit Donation and Collection.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of the
Senate, the Committee on Energy and Commerce and the Committee
on Appropriations of the House of Representatives, and the
Secretary of Health and Human Services a report reviewing
studies, demonstration programs, and outreach efforts for the
purpose of increasing cord blood unit donation and collection
for the National Cord Blood Inventory to ensure a high-quality
and genetically diverse inventory of cord blood units.
(2) Contents.--The report described in paragraph (1) shall
include a review of such studies, demonstration programs, and
outreach efforts under section 2 of the Stem Cell Therapeutic
and Research Act of 2005 (42 U.S.C. 274k note) (as amended by
this Act) and section 379 of the Public Health Service Act (42
U.S.C. 274k) (as amended by this Act), including--
(A) a description of the challenges and barriers to
expanding the number of cord blood unit collection
sites, including cost, the impact of regulatory and
administrative requirements, and the capacity of cord
blood banks to maintain high-quality units;
(B) remote or other innovative technological
advances that could be used to collect cord blood
units;
(C) appropriate methods for improving provider
education about collecting cord blood units for the
national inventory and participation in such collection
activities;
(D) estimates of the number of cord blood unit
collection sites necessary to meet the outstanding
national inventory need and the characteristics of such
collection sites that would help increase the genetic
diversity and enhance the quality of cord blood units
collected;
(E) best practices for establishing and sustaining
partnerships for cord blood unit collection at medical
facilities with a high number of minority births;
(F) potential and proven incentives to encourage
hospitals to become cord blood unit collection sites
and partner with cord blood banks participating in the
National Cord Blood Inventory under section 2 of the
Stem Cell Therapeutic and Research Act of 2005 and to
assist cord blood banks in expanding the number of cord
blood unit collection sites with which such cord blood
banks partner; and
(G) recommendations about methods cord blood banks
and collection sites could use to lower costs and
improve efficiency of cord blood unit collection
without decreasing the quality of the cord blood units
collected. | Stem Cell Therapeutic and Research Reauthorization Act of 2010 - Amends the Stem Cell Therapeutic and Research Act of 2005 to revise the National Cord Blood Inventory Program, including to: (1) remove the cap of 150,000 new units of cord blood to be made available for transplantation under the Program; and (2) require an application under the Program to include a plan for, and demonstration of, ongoing measurable progress toward achieving self-sufficiency of cord blood unit collection and banking operations.
Extends financial support provided under the Program for an additional five years. (Current law allows financial support for a maximum of ten years.) Sets forth requirements for such an extension, including that a qualified cord blood bank demonstrate a superior ability to satisfy the requirements of such Program and achieve the overall goals for which the contract was awarded.
Redefines the term "first-degree relative" to exclude a parent.
Reauthorizes appropriations for FY2011-FY2015 for the collection or maintenance of cord blood.
Amends the Public Health Service Act to revise the requirements of the C.W. Bill Young Cell Transplantation Program to: (1) require studies and projects under such Program to include exploring novel approaches or incentives to expand the number of cord blood unit collection sites partnering with federally-supported cord blood banks; and (2) revise privacy provisions to protect the privacy of patients and donors in accordance with federal and state law. Reauthorizes appropriations for such Program for FY2011-FY2015.
Directs the Comptroller General to submit a report to the relevant congressional committees and the Secretary of Health and Human Services (HHS) that reviews studies, demonstration programs, and outreach efforts to increase cord blood unit donation and collection. | To amend the Stem Cell Therapeutic and Research Act of 2005. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Amendments Act of 2003''.
SEC. 2. RETENTION OF TASK FORCE.
Section 603 of the Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998 (16 U.S.C. 1451 nt) is amended by striking
subsection (e).
SEC. 3. PREDICTION AND RESPONSE PLAN.
Section 603 of such Act, as amended by section 2, is further
amended by adding at the end the following:
``(e) Prediction and Response Plan.--
``(1) Development of plan.--Not later then 12 months after
the date of enactment of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2003, the President, in consultation with the
chief executive officers of the States, shall develop and
submit to the Congress a plan to protect environmental and
public health from impacts of harmful algal blooms. In
developing the plan, the President shall consult with the Task
Force, the coastal States, Indian tribes, local governments,
industry, academic institutions, and non-governmental
organizations with expertise in coastal zone science and
management.
``(2) Plan requirements.--The plan shall--
``(A) review techniques for prediction of the
onset, course, and impacts of harmful algal blooms
including evaluation of their accuracy and utility in
protecting environmental and public health and
provisions for implementation;
``(B) identify innovative response measures for the
prevention, control, and mitigation of harmful algal
blooms and provisions for their development and
implementation; and
``(C) include incentive-based partnership
approaches where practicable.
``(3) Publication and opportunity for comment.--At least 90
days before submitting the plan to the Congress, the President
shall cause a summary of the proposed plan to be published in
the Federal Register for a public comment period of not less
than 60 days.
``(4) Federal assistance.--The Secretary of Commerce, in
coordination with the Task Force and to the extent of funds
available, shall provide for Federal cooperation with and
assistance to the coastal States, Indian tribes, and local
governments in implementing measures in paragraph (2), as
requested.''.
SEC. 4. LOCAL AND REGIONAL ASSESSMENTS.
Section 603 of such Act, as amended by section 3, is further
amended by adding at the end the following:
``(f) Local and Regional Assessments.--
``(1) In general.--The Secretary of Commerce, in
coordination with the Task Force and to the extent of funds
available, shall provide for local and regional assessments of
hypoxia and harmful algal blooms, as requested by coastal
States, Indian tribes, and local governments.
``(2) Purpose.--Local and regional assessments may
examine--
``(A) the causes of hypoxia or harmful algal blooms
in that area;
``(B) the ecological and economic impacts of
hypoxia or harmful algal blooms;
``(C) alternatives to reduce, mitigate, and control
hypoxia and harmful algal blooms; and
``(D) the social and economic costs and benefits of
such alternatives.'.
``(g) Scientific Assessment of Great Lakes Harmful Algal Blooms.--
``(1) Not later than 24 months after the date of enactment
of the Harmful Algal Bloom and Hypoxia Research Amendments Act
of 2003 the Task Force shall complete and submit to Congress a
scientific assessment of current knowledge about harmful algal
blooms in the Great Lakes, including a research plan for
coordinating Federal efforts to better understand Great Lakes
harmful algal blooms.
``(2) The Great Lakes harmful algal bloom scientific
assessment shall--
``(A) examine the causes and ecological
consequences, and the economic costs, of harmful algal
blooms with significant effects on Great Lakes
locations, including estimations of the frequency and
occurrence of significant events;
``(B) establish priorities and guidelines for a
competitive, peer-reviewed, merit-based interagency
research program, as part of the Ecology and
Oceanography of Harmful Algal Blooms (ECOHAB) project,
to better understand the causes, characteristics, and
impacts of harmful algal blooms in Great Lakes
locations; and
``(C) identify ways to improve coordination and to
prevent unnecessary duplication of effort among Federal
agencies and departments with respect to research on
harmful algal blooms in Great Lakes locations.
``(h) Scientific Assessments of Hypoxia.--
``(1) Not less than once every 5 years the Task Force shall
complete and submit to the Congress a scientific assessment of
hypoxia in United States coastal waters including the Great
Lakes. The first such assessment shall be completed not less
than 24 months after the date of enactment of the Harmful Algal
Bloom and Hypoxia Research Amendments Act of 2003.
``(2) The assessments under this subsection shall--
``(A) examine the causes and ecological
consequences, and the economic costs, of hypoxia;
``(B) describe the potential ecological and
economic costs and benefits of possible policy and
management actions for preventing, controlling, and
mitigating hypoxia;
``(C) evaluate progress made by, and the needs of,
Federal research programs on the causes,
characteristics, and impacts of hypoxia, including
recommendations of how to eliminate significant gaps in
hypoxia modeling and monitoring data; and
``(D) identify ways to improve coordination and to
prevent unnecessary duplication of effort among Federal
agencies and departments with respect to research on
hypoxia.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 605 of such Act is amended--
(1) by striking ``and'' after ``2000,'' in the first
sentence and in the paragraphs (1), (2), (3), and (5);
(2) by inserting ``$26,000,000 for fiscal year 2004,
$26,500,000 for fiscal year 2005, $27,000,000 for fiscal year
2006, $27,500,000 for fiscal year 2007, and $28,000,000 for
fiscal year 2008'' after ``2001,'' in the first sentence;
(3) by inserting ``and $2,500,000 for each of fiscal years
2004 through 2008'' after ``2001'' in paragraph (1);
(4) by inserting ``and $8,200,000, of which $2,000,000
shall be used for the research program described in section
603(g)(2)(B), for each of fiscal years 2004 through 2008''
after ``2001'' in paragraph (2);
(5) by striking ``2001'' in paragraph (3) and inserting
``2001, $2,000,000 for fiscal year 2004, $3,000,000 for fiscal
year 2005, $3,000,000 for fiscal year 2006, $3,000,000 for
fiscal year 2007, and $3,000,000 for fiscal year 2008'';
(6) by striking ``blooms;'' in paragraph (3) and inserting
``blooms and to implement section 603(e);'';
(7) by striking ``2001'' in paragraph (4) and inserting
``2001, and $6,000,000 for each of fiscal years 2004 through
2008'';
(8) by striking ``and'' after the semicolon in paragraph
(4);
(9) by striking ``2001'' in paragraph (5) and inserting
``2001, $5,000,000 for fiscal year 2004, $5,500,000 for fiscal
year 2005, $6,600,000 for fiscal year 2006, $7,100,000 for
fiscal year 2007, and $7,600,000 for fiscal year 2008'';
(10) by striking ``Administration.'' in paragraph (5) and
inserting ``Administration; and''; and
(11) by adding at the end the following:
``(6) $3,000,000 for each of fiscal years 2004 through 2008
to carry out section 603(f).''.
Passed the Senate October 28, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 247.es
_______________________________________________________________________
AN ACT
To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control
Act of 1998, and for other purposes. | Harmful Algal Bloom and Hypoxia Amendments Act of 2003 - Amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to reauthorize and revise its provisions.
(Sec. 2) Makes permanent the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia (Task Force) (by repealing a provision which authorizes the President to disestablish it after it submits a specified plan).
(Sec. 3) Requires the President, in conjunction with State Governors, to develop and submit to Congress a Prediction and Response Plan to protect environmental and public health from impacts of harmful algal blooms. Requires the plan to be submitted to Congress within 12 months after enactment of this Act. Specifies plan, publication and Federal assistance requirements. (Sec. 4) Requires the Secretary of Commerce, in coordination with the Task Force, to provide for local and regional assessments of hypoxia and harmful algal blooms, as requested by coastal States, Indian tribes, and local governments. Provides guidelines for such assessments. Directs the Task Force to complete and submit to Congress scientific assessments of: (1) Great Lakes harmful algal blooms; and (2) hypoxia in U.S. coastal waters including the Great Lakes. Requires such hypoxia assessments to continue to be completed by the Task Force and submitted to Congress at least once every five years after the first one. (Sec. 5) Extends the authorization of appropriations under the Act to the Secretary of Commerce for research, education, and monitoring activities related to the prevention, reduction, and control of harmful algal blooms and hypoxia. Allocates such funding among the following programs: (1) National Oceanic and Atmospheric Administration's (NOAA) research and assessment activities at the research laboratories of the National Ocean Service and the National Marine Fisheries Service; (2) Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) project under the Coastal Ocean Program, with a certain portion to conduct the scientific assessment of Great Lakes harmful algal blooms; (3) NOAA's National Ocean Service to conduct peer-reviewed research on management measures that can be taken to prevent, reduce, control, and mitigate harmful algal blooms; (4) Federal and State annual monitoring and analysis activities for harmful algal blooms administered by the National Ocean Service; (5) activities related to research and monitoring on hypoxia by the National Ocean Service and NOAA's Office of Oceanic and Atmospheric Research; and (6) conducting of the Local and Regional Assessments (by the Secretary, in coordination with the Task Force). | A bill to reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, and for other purposes. |